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Home My WebLink About01-7251 FX .-. - ~~ MARTHA E. VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P.C. 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney ID # 52634 Manufacturers & Traders Trust Company, as trustee One M & T Plaza Buffalo, NY 14203-2399 Plaintiff vs. Michael Painter and Cheryl Painter 110 Mountain Road Newville, PA 17241 Defendant(s) '-. ~Lo~" '" l<id;~i,",,,,,,,--,,,_,' #9198-SF Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: [1/-- 7.:io'l ~ CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. Yon 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. Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cwnpla con todas las provisiones de esta demanda, U sted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 =, -- -- " ~. , IIoi.tl 'liL '" - ~'~o." '0'_ - . ~1;;j'~I~;h:i~"l,,' , , MARTHA E. VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P.C. 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney ID# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee One M & T Plaza Buffalo, NY 14203-2399 Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 0/. 70loJ (!.;,;J 1:.- vs. Michael Painter and Cheryl Painter 110 Mountain Road Newville, PA 17241 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Manufacturers & Traders Trust Company, as trustee, a corporation organized and existing under state law, with offices for the conduct of business at One M & T Plaza, Buffalo, NY 14203-2399. 2. Defendants, Michael Painter and Cheryl Painter are the mortgagors and real owners of premises 110 Mountain Road, Newville, PA 17241, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Laguna "-~- - " .~ " ~~ "J~_,,~. _""i&:.'!<'''C",' ,~- ' _.~~........ -) Capital Mortgage Corporation on April 3, 1998, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1445, page 965 secured on premises 110 Mountain Road, Newville, PA 17241 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from June 15, 2001 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 05/15/01 to 12/27/01 At $24.34 per diem Accrued late charges to 09/26/01 Late charges from 09/30/01 to 11/30/01 At $48.67 per month Corporate Advances Monthly Inspections from 06/15/01 To 12/15/01 at $15.00 per month Attorney's Fee $ 96,045.24 $ 5,500.84 $ 205.73 $ 146.01 $ 134.05 $ 105.00 $ 4,800.00 ""'" .1 "11 ~ ".~, ~ -, ilIlll'-~'e&"M", '\. Title Information Certificate Photostats and Postage Notarizations $ $ $ 350.00 45.00 10.00 TOTAL $107,341.87 9. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired. WHEREFORE, plaintiff demands judgment for $107,341.87, plus per diem interest at $24.34 from 12/28/01 to the date of judgment plus monthly late charges of $48.67 from 12/30/01 to the date of judgment plus monthly inspection costs of $15.00 from 01/15/02 to the date of judgment and foreclosure and sale of the mortgaged premises plus costs thereon. / Martha E. Von Rosenstiel Attorney for Plaintiff - -.'. " -',-' ,,"<I~ ...f=.' 1ii..:UIiilltt*....r~~'" .., -, . -, 2064372069, Our File # 9198 VERIFICATION I verify that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Title: By: Dated: ~. .. , " ~ ..~ -~ .-- ': '~""-i'_.~;-'--' , DESCRIPTION ALL THOSE CERTAIN two (2) parcels of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: PARCEL NO.1: BEGINNING at an iron pipe at the northeast corner of Tract No.2 of the hereinafter mentioned Subdivision Plan; thence by Tract No.2 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No.4 of said Subdivision Plan South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of beginning. Containing 0,984 acres, more or less. IT being Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No.2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and 1. SUBJECT, however to a 20 foot wide private right-of-way to the Grantors or the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan. their heirs and assigns, over the northwestern i0 'feet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL NO.2: BEGINNING at an iron pipe at the northeast corner of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence,by Tract No.1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.7 feet to an iron pin; thence by land now or formerly of Robert W. Weary, Jr., South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214,7 feet to an iron pin, place of beginning. Containing 1.054 acres, more or less. IT being Tract No.4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns over the northwestern 20 feet of Tract Nos. 3 and 2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and 1. HAVING thereon erected a single family dwelling, known and numbered 110 Mountain Road. Tax Parcel #09-393-047 Tax Parcel #04-393-048 ~ "ILUL ~ ! ~~I "',","',,'" ._"_ :"<"i~i;A':'~"'-'L\~M;t~lllililffil",~~~Iiitm' - !lil~idIiliIlJli~_i--'1~- """"'- /""'-...::, '-- 'l.> C) 'jI,J p 8,' (<2:l "---~,' 7'!\. '1- ..f\ ~ .",,"ffi,_~ .: l <"~~~..~J,t""_"'),_b""d?,;"'Je'J_,<,,:<",,, .,,,,';..'~,,,>,,,,__, ,~_.~, ,.,.,..,.-cr.,",,") .,ft",,_-- , ......... ~ ~ f" ~ ~ ~ ~\ ~ ~ ~~\C>j ~ , ""~_""_"",.,__,,_,,.n,',,_, "~~"'__"'_ ,~_.. "~_',"'__",,",.,"""~"_~,~ _, ~_~ ~_ ~- -',: J G) ,",,, ",,""",,1 ~~ -"~_.. " , ~~: "I ......~.,'. " iJJ;i'Wj~lfu""~&'-"'-jb,,,y. . UNITED STATES BANKRUPTCY COURT FILED HARR,:-':' :C,G \ PA ' -, FOR THE MIDDLE DISTRICT OF PENNSYLV IA DEe 1 8 ....:.f" L'.,., -,I RE: Michael D. Painter & Cheryl L Painter: Clerk, U.S"Bankruptcy Court , ~ '----- (Debtor) Bankruptcy Number 01-05424 AND NOW, DEFAULT ORDER this n+f^~day of 7)t rNlLbe r I 2001, no answer or other responsive pleading having been filed as required under Local Rule 9004, it is ORDERED that the movant's motion be granted, and that the automatic stay under section 362 of the Bankruptcy Code of 1978 is modified to allow for the foreclosure of the premises 110 Mountain Road Newville PA 17241. ,wfllllllltJ... '~- . United States Bankruptcy Judge Copies to: Martha E. Von Rosenstiel, P.C. 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 Michael D. Painter & Cheryl L Painter 110 Mountain Road Newville PA 17241. Peter J. Russo, Esquire 5010 East Trindle Road, Suite 200 Mechanicsburg PA 17055 Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102 ,<,;""l' '-:;,;,.~_l'i!~n!i!!,;i:l~~*,l;;;~~"^f~^' 1I.ID-r1! !i!~1Il11A IBllM. (') Cl C) C ., s: D ".'j W <JC' CT1 nlri-~t ".. 2:1': " -. ~S:- 0-> .-:::::., (j) -:,. ~ -<:z: ,,_J ~-, CO -0 ~_:l ~,,~ :---. d';;c ~-,- ..-- ::i;: ,- "_C-- ~Lc5 ^~~~ ~c: r- C.,,) z 5:;1 ----' => -< ...,J ::0 -< MI..JiIIlUl.,." l .L , ,~." ~~~""". . .~ _.~~4"'," ,h ""l,,,,,,,~"r~-,_~~,~""~.,,.., ,".,,-"'_''''';C~l_ ,.' ,... ''''''-'''''' .~.' ," -.- l ,",- ~i:!b.w_~,",ill; SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-07251 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PAINTER MICHAEL ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT PAINTER CHERYL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , PAINTER CHERYL CHERYL'S NEW ADDRESS IS 317 WYE ROAD BALTIMORE, MD 21221-1547. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 10.35 5.00 10.00 .00 31.35 So answ. : // /-----;;~ ~~~:> R Thomas Kl ine .. Sheriff of Cumberland County MARTHA VON ROSENSTIEL 01/14/2002 Sworn and subscribed to before me this .2.:l~ day of9~ oJ-Ut)..2- A . D . ~ (2 Jkj;J1, ',' Yl(- Pro h notary =~ =,. ~,. -~ ~-~. ~ ~ .~ " I .~. ..' I' " l~~., al.iI,"'."",;;t~__iL' SHERIFF'S RgtURN REGULAR CASE NO: 2001-07251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PAINTER MICHAEL ET AL ROBERT FINK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PAINTER MICHAEL the DEFENDANT at 1620:00 HOURS, on the 11th day of January ,2002 at 2250 DUSTY LANE ENOLA, PA 17025 by handing to MICHAEL PAINTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 .00 10.00 .00 35.59 r'~ -.-~~~ R. Thomas Kline Sworn and Subscribed to before 01/14/2002 MARTHA VON ROSENSTIEL By: ~A~/~~ . Deputy Sheriff me this ",,;I~ day of ~ .,2w.,;L.J A.D. ~{2~.1I~. ',~ r thonotary - . ( MARTHA E. VaN ROSENSTIEL, ESQUIRE MARTHA E. VaN ROSENSTIEL, P.C. 16 SOU":',; LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 Attorney ID # 52634 Manufacturers & Traders Trust Company, as trustee One M & T Plaza Buffalo, NY 14203-2399 Plaintiff vs. Michael Painter and Cheryl Painter 110 Mountain Road Newville, PA 17241 Defendant(s) .~ ~I ~~~:~~~}~M4~, -;,., '. #9198-SF Attorney for plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 01- 7,;{5"/ ~ CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las" provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TlENE ABOGADO 0 SI NO TlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlT A ABAJO PARA A VERlGUAR DONnE SE PUEDE CONSEGUm ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE,PA 17013 717-249-3166 800-990-9108 '. '"' I, - -~-'~-",--~ :':'~ = J'_~""",_" ~ MARTHA E. VON ROSENSTIEL, ESQUIRE MARTHA E. VON ROSENSTIEL, P.C. 16 SOUTH LANSDOWNE AVENUE PO BOX ~57 LANSDOWNE, PA 19050 Attorney ID# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee One M & T Plaza Buffalo, NY 14203-2399 Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 0/- 7~61 C<vi.1 ~I h-- vs. Michael Painter and Cheryl Painter 110 Mountain Road Newville, PA 17241 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Manufacturers & Traders Trust Company, as trustee, a corporation organized and existing under state law, with offices for the conduct of business at One M & T Plaza, Buffalo, NY 14203-2399. 2. Defendants, Michael Painter and Cheryl Painter are the mortgagors and real owners of premises 110 Mountain Road, Newville, PA 17241, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Laguna - . ". ->-.,.j ," . uu "'""""'-"ii";_...,,;,.,;:.,." Capital Mortgage Corporation on April 3, 1998, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1445, page 965 secured on premises 110 Mountain Road, Newville, PA 17241 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from June 15, 2001 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 05/15/01 to 12/27/01 At $24.34 per diem Accrued late charges to 09/26/01 Late charges from 09/30/01 to 11/30/01 At $48.67 per month Corporate Advances Monthly Inspections from 06/15/01 To 12/15/01 at $15.00 per month Attorney's Fee $ 96,045.24 $ 5,500.84 $ 205.73 $ 146.01 $ 134.05 $ 105.00 $ 4,800.00 ,~ .J.-~ ._1 ' , ~ ., - ~ 'i.lUi-."4_~,""- , Title Information Certificate Photostats and Postage Notarizations $ $ $ 350.00 45.00 10.00 TOTAL $107,341.87 9. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired. WHEREFORE, plaintiff demands judgment for $107,341.87, plus per diem interest at $24.34 from 12/28/01 to the date of judgment plus monthly late charges of $48.67 from 12/30/01 to the date of judgment plus monthly inspection costs of $15.00 from 01/15/02 to the date of judgment and foreclosure and sale of the mortgaged premises plus costs thereon. / , Martha E. Von Rosenstiel Attorney for Plaintiff TAlie COPY FROM ReCORD ... Testimony whereof, I here unto set my hand and t S6!a1 ~ S;;f.;jCourt at CarliSle. Pa . th . .. ,ay 01 ~/~J7J1 .;y~ p~ .-.; ~ ."~ ,-" ,~ ,". ""l;''-..:i:g~,",~_",,;, 2064372069, Our File # 9198 VERIFlCATION I verify that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. By: Title: Dated: ~~~ I~ .. ~""',= b . .,,, "~~k~"",~1.-" , DESCRIPTION ALL THOSE CERTAIN two (2) parcels of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: PARCEL NO.1: BEGINNING at an iron pipe at the northeast comer of Tract NO.2 of the hereinafter mentioned Subdivision Plan; thence by Tract No. 2 of said Subdivision Plan North 61 degrees 58 minutes,6 S~C0".::S West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan North 32 degrees'28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No, 4 of said Subdivision Plan South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of beginning. Containing 0.984 acres, more or less. IT being Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract No.2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and 1. SUBJECT, however to a 20 foot wide private right-of-way to the Grantors or the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and assigns, over the northwestern LU leet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL NO.2: BEGINNING at an iron pipe at the northeast comer of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract No, 1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.7 feet to an iron pin; thence by land now or formerly of Robert W. Weary, Jr., South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.7 feet to an iron pin, place of beginning. Containing 1.054 acres, more or less. IT being Tract No.4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns over the northwestern 20 feet of Tract Nos. 3 and 2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and L HAVING thereon erected a single family dwelling, known and numbered 110 Mountain Road. Tax Parcel #09-393-047 Tax Parcel #04-393-048 ,;,-,_".1J'lij,ii.i!~8ii~~~~I1fli;;@;,~~*-""",,"c~~!llfi~~ ~gm"ilillr ~~ .~- . ~~fPdW!€ ~" r ~fE!RiPj!E V\'I!11I\'-\! (,'N'!'d , ." j'," ,,[',:1 ~'1 -1 '-."' j 'r.' to, LD i K~ Z2 \ \ I llUr ^HUK~~' ,-,~,~,-n'ti.j'd~'H10 ~3i<l3HS 3,11. .iC 3QIHO 'i!!I.,.Me.JUJUJ" "....0 ! U~'LJ Ill[ l!lll. ..... .d .,....!\\R~I\,.'!t,.;l!l\\L,.L,..~" ,., __,":":i\\,""~,';I_",e;,~-,:^,"',, ,>,.. ,_X,,'if".!f'-;'_n. ... ..... '" '" . ""'''''--'~'' , ,-,,--,,'-"""'-"'.~> ~~ .... -' ... I .. __ .-. '~~OWJ~'~CC_'! . 0- #9198-SF ~ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust company, as trustee COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff vs. 6/- 7 c< 5'1 C/v'-/l1olkJ Po5<rlsk...1 *t Case No: 01-10799 Michael Painter and Cheryl Painter Defendant CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, Esquire, hereby certifies that she is the attorney for the plaintiff here, and that service of the complaint in Mortgage Foreclousre in the above matter was made on CHERYL PAINTER by certified mail, return receipt on January 30, 2002 as evidenced by the attached postal receipts. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. artha E. Von Rosenstiel Attorney for Plaintiff Dated: April 1, 2002 , L ~-~"~ ~ :l~....""""",,,*~" >, " '" ," ",^ ":,.. ., .,..." , ' "-'-, -'-:'- -'. .." ., ;si,~ v .-.:.. _'-L-.._;"':'::,~':_~ ,~-'-. <'J ,( ',\ 21221 t:. hoceived t (P~t;;.r;rIy) {~~ o Agent o Addressee aYes ONo Complete items 1, 2, and 3. Also complete ~em 4 if Restricted Delivery is desired, . Print your name and address on the reverse so that we can return the card to you. .. Attach this card to the back of the mall piece, or on the front if space permits. 1. Article Addressed to: jl: CHERYL PAINTER 317WYE ROAD BALTIMORE, MD. ".", .,' /' ~. ~ 3'~ice Type \'-r~/>",,~.;../ / Certified Mail -:O'Ex","ss Mall Registered 0 Aett:JmRecefpt for Merchandise o Insured Mall 0 C.O.D. 4. estricted Delivery? (Extra Fee) Yes 2. Article Number (Copy from service label) "') M L.J.gJf-O ,~" 'is bt~ ,/) IY'5C> .' \ i PS For)Ti3811,JUly1~~ fiq Ntr't,>BstifRetumRoceiii" Sf ,'_, " , 10259S-OO-M-0952' ,.:;-;',.,' '''1,-~Y:;~t,' ...._~,._,.,""~'''.'".~..-::-;J. <. --'-. ~~-::: ~'" (;_'O~"',~_'-':":~~"'~'__?' ~'~ ~:;\"~-~~~--~:::~:~:!"'':~~1:::''::\.)?r~':~~r:~~.~-~~~~"'7~.~~;(~7;'i;. "~ '/ ."J :' '," " ...,' 'I' <.'. ':"\ ',' !l'!. .-' r. " " '"~~g~~M<lf&~~!;<}~iW&.;f~~i,t&H~j,i.'Ai'\f,i;;,,,;i-.;,,,,,., "';';"''''i~~~\Mf~~~Miiill!JJi[PJif: ,1IIJ,ili,..L.,[".L J..U! ':"1J ,&W]~~;~~;-,Hj~~-_W~lt.-!lbt!1)<,J'>f~;~,,"~1U~~ft.~~'r_~'t"'P~""\>{c".~.,I!!_",~ _,,-_Ji!,'E"j,,>; ",,,-),;~~t_(",i:d" "C"~"," ~ ~f'''''-'-~''''~-'-'~i .~~ -"'-','- .M __ "~--Jlili_Jil~l_ --',,, co' g 0 0 N .,1 ;;;:: !O ---< "'OQJ ;.;;':n rn~ ;I:l \ lOr- Z_......!: I "'I._1m ~~ -.,0 .;:- " 1- L,,)C) :;;l,..-. !20 -0 ~--n ~8 ::J: <;''':5 - Om )>>C ., -"" ~ 0 ~ - f[S 8H' . "~. ~M < ~''''_~'~~",,,",=, ~ ,,~O~" _~ ._- , . , I~"...~,~ ".'."_ ,d .o;;~_J"'""""Jt;~;,,4",L__" #9198-SF Martha E. Von Rosenstiel, P.c. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff vs. Case No: 01-7251 Michael Painter and Cheryl Painter Defendant PRAECIPE TO SUGGEST TYPOGRAPmCAL ERROR To the Prothonotary: Kindly mark your records to reflect that the defendants should be known as Michael Painter, a/k!a Michael D. Painter, a/k!a Michael Dale Painter AND Cheryl Painter, a/k!a Cheryl L. Painter, a/k!a Cheryl Lynn Painter. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 29, 2002 I!l\U..:.!L.._ lIll '<_",-~,'R'H,(;"g(:m!_i?__~~l'lli ;;;~"-''\lj\.liilbl!illjjli~Mi~>'''''' o c ~ -rJ Cf QJU_ ::2 ~"~,: ~Q~~,- r::c .'- ~f~~ '"~-~-~;. --;j ~"..... m. m] ~iiUI,_It.,";"J,J,J~I!l!!!lUI..",h,>".fi?,.J~,\LL ".,J,iJ""". "__,, " ., -,',b',,"'" @-",' '___'_.''.' "", ,~_ ~- ',,~ " r".:; C~) ~..... "., en --, .. --......, ",. ~. ' " i-- ..L.....: .'._~ =~ -&.----'"~&f""'~, . #9198-SF Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter Defendants PRAECIPE TO THE PROTHONOTARY: Enter judgment in the sum of$III,432.91 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages, I hereby certify that the correct addresses of plaintiff and defendants are as follows: Plaintiff: One M & T Plaza Buffalo, NY 14203-2399 Defendants: Michael: 2250 Dusty Lane Enola, P A 17025 Cheryl: 317 Wye Road Baltimore, MD 21221 / Martha E. Von Rosenstiel Attorney for Plaintiff ,j ,_ ~'. I " Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, a!k/a Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl 1. Painter, aIkIa Cheryl Lynn Painter Defendants ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 12/28/0lto 05/30/02 at $24.34 per diem Additional late charges from 12/30/0 I to 05/30/02 at $48.67 per month Additional monthly inspections from 01/15/02 to 05/15/02 at $15.00 per month $107,341.87 $ 3,724.02 $ 292.02 $ 75.0;Y $111,43 .91 Total assessment AND NOW, to wit, this J./..J--l...dayof Martha E. Von Rosenstiel Attorney for Plaintiff ~ , 2002, damages are assessed as above. C,dg \L~ Pro Pro thy I~, '. JjO,.~M_*~~ . .' .>'- "- I' ~"",. " . " , ~i.\ib1tli:~4f;i, " NON-MILITARY AFFIDAVIT STATE OF P~A/fi/6YL-I/19;1/IJ9 COUNTY OF /Vf(),U T 0 tJ/I1F,ey SS RE: [1,IAlTG"!<-, /V! <t C . ~,() ~ ~iT;9- Cft,r<. T2:;-;< , deposes and says: 1. The I am employed by the Plaintiff herein as servicer of the mortgage. 2. That the captioned individua1(s) are the owners of the Premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover facts concerning the titleholder's occupations and military status. 4.' That sa'id procedures were followed inconne8tion with The current delinquency. 5. Tha,t" ,on information and belief, captioned titleholders Are not incompetent or in any branch of. the military service. . , 6. This verification is made subject to the penalties ,of 18 Pa.C.S. ~4904 relating to unsworn falsificat' 1 to authorities. ,Foreclosure Specialist . " L. ." d",..- '<i~iHli!o!ii;.k"-{i.J!'"","",,i;" Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter Defendants CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney for the plaintiff herein, and that service of the Notice under Rule 237.5 in the above matter was made on the defendants on April 25, 2002, as evidenced by the attached postal receipts. This verification is made subject to the penalties of 18 Pa. C.S. ction 4904 relating to unsworn falsification to authorities. DATED: May 30,2002 Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff Martha E. Van Rosenstiel, p.e, Martha E. Van Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney 1.D.# 52634 Manufacturers & Traders Trust company, as trustee pI aint if f VB. Michael Painter and Cheryl Painter Defendant 0'. " "';. '~"> .. ..-, " "~' ilila~B.'; #9198 SF Attorney for' Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 01-7251 TO: Michael Painter 2250 Dusty Lane Bnola, PA 17025 Date of Notice: April 25, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR ay ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOOT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. yOu SHOULD TAXE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR ~j'___ AFFORD ,on._ GO TO OR TELEPHONE THE !AN GET LEGAL HELP: U.S, POSTAL SER ICE CE TIFICA TE OF MAlLIN MAY BE USED FOA DOMEsne AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTHA E. VON ROSENSTlEl, P.C. '15 S. lANS[lOWI~E AvE. ~ One piece of ordh'lary mell addressed to: Michael Painter 2250 Dusty Lane Enola, PA 17025 PS Form 3817, Mar. 1989 ()..37....'I1 1-6 P fix fee here in stamps meter "stage and ~nn.rk. Inquire of fJlbMln'tiiteMfor current \fi.,.. c. ,. ~ OUN/T;o " O_~,\> a (.., 't. r~.la) ;.J V1 ~~#' ~C1~11 -> : ~III '0 "',~ o ",. U10''''' ON.N lOCATION tiel ff - Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P,O, Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 ~, V_~~~".. -ii -'~ttr~'~b-- #9198 SF Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff va. Case No: 01-7251 Michael Painter and Cheryl painter Defendant TO: Cheryl Painter 317 Wye Road Baltimore, MD 21221 Date of Notice: April 25, 2002 IMPORTANT NOTICE YOU ARE IN PEFAULT BECAUSE YOU HAVE FAILIi;D TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND r'ILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS '1'0 "l1HE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAy BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMllORTANT RIGK'l'S. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT um1:' 1I UWVlilll OR .CANNOTJ.,F_FQ.R!;L911T~! 'm~O TO OR TELEPHONE THE N GET LEGAL HELP: U,S, POSTA' S'"VI , C TI ICATE OF MAl ING MAY BE USED FOR DOMESTIC AND INTERNA TfONAL MAil DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' Affix fee here in stamps 6J S6.!if Q/?Staga and ~!9-'~l"1C Inqulr. of ~~.~te4for current r- III * ~ O'''IJ~ in ><:;tl "OD'~ o (.., 1', ~ ~li~J ~~I~ .... '" ~III ...0 U1-oJ o '" Vlaw ON"" Received From: . MARTHA E. VOW ROSENSTlEl, Poc. 16 S. LANSDOwNE AvE. s OnPi' piece of ordinary mall addrellSed to: Che 1 Painter 317 W e Road Baltimore, MD 21221 PS Form 3817, Mar. 1989()<.;31-f/'ib"- S P lCATION / :iel 'f "". , '<$!~-~~" #9198 SF i . I I[ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, FA 19050 610 623-2660 Attorney 1.D.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff vs, Case No: 01-7251 Michael Painter and Cheryl Painter Defendant TO: OCCUPANT 110 Mountain Road Newville, PA 17241 Date of Notice: April 25, 2002 IMPORTANT NOTICE Recel'ffl1<<mlA E. VON ROSENSTlEl, P.C. 16 S. lANSDO P. O. BOX 457 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EN'1'ER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS '1'0 THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTAN'l' RIGH'rS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT f,f:r.ml! a. T.aWVRR OR C!1l.II1NOT_.AF-FQRD JmE..., GO TO OR TELEPHONE THE Atf;x fee herein stemp. ~AN GET LEGAL HELP I oosn!1e~oitage and PeAt.:Bsr . 1rlquire of i~t:awr lr currant SOCA nON I> fIO * ~ OUNI7~O 8 Of:. d'~. r ~'t~f) ;;ocilf ~~~~ ON"" I: U,S, POSTAL SERV'C C RTIFIC TE OF MAl ING MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT ~ROVIOE FOR INSURANCE-POSTMASTER , One piece of Ordinary mail addressed to: OCCUPANT 110 Mountain Road ;tiel .ff Newville, PA 17241 PS Form 3817. Mar, 1989 </ / r- S 1'"- .2--3 7 ,-, -'" ",.1, , I _ L '...~~'" Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, aIkIa Michael D. Painter, alk!a Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter Defendants CERHFICATION I hereby certify that I am the attorney of record for the plaintiff in this action against real property, and further certify that the property is: ( ) FHA Tenant Occupied or Vacant ( ) Commercial ( ) As a result of a Complaint in Assumpsit (X) That the plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Action Including but not limited to: (a) Service of the notice on defendants (b) Expiration of30 days since service of the Notice (c) Defendants failure to request or appear at the meeting with the mortgagee or Consumer Counseling Agency (d) Defendants failure to file application with the Homeowners Emergency Assistance Program. Dated: May 30, 2002 I further agree to indemnify and hold harmless the Sheriff for any fals Martha E. Von Rosenstiel Attorney for Plaintiff , _:!:iM-~~~~kf;;;<'..J.>;!!t~i~f!kl~v:4fYlW!1W'2h~,ig<F.ili>~l.'i';;S,-.,,"'_~"~'-,'; 0 ,":,"',_M>l&;iirJ~ilioJ*,l?ij1!;ti'i~~i~fil~IW~~ t ~ (J .cq. ~ -;-0 <> 0 f D- ~; - l-ll--, , " .~ '~ ~ ~ - ~ r() .~. .eL: f/] ~ ~ I L.. ~ 0,-) 'c' "'i> ....;J -, l-:) r~: ~ 0' ~ <:C' -_;-t.' ~ R :;S~ --rq ~;:) -....( :..2 .~~ -<. i!!m_"~,, ,,' _=~ ~~ ,. ,=. ~~,_~~ ~<'''''_O__",~,,,:wtc,,'_,~~'''''_cc.J.J,~"",,,~_,,..~_~<i'''''''''''~~~"I,". "",,,..., ,",-. ,_,-,LJ~" '0","0>' "-",". _'>""~__^,-q'"i)>'"',,,,~, "'_~_" <e_"'~.'''''~''^_~., ,,..t, ',~'m.-'Mr_,*,iir,f\'R,,",,.,, .,.,,>-, _ ."_, _~. ~_ ~ -~ .^~ ^"'"=.....~.' ,",' "\...... t<'" I PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Manufacturers & Traders Trust Company, as trustee v" NO" 01-7251 Michael Painter, alkla Michael D. Painter, a!kIa Michael Dale Painter and Cheryl Painter, a!kIa Cheryl L. Painter, alkla Cheryl Lynn Painter Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 05/31/02 to SALE DATE At $48.67 per diem (Costs to be added) / I I / / Martha E. Von Rosenstiel Attorney for Plaintiff i I j ! . I. . <. = '~"'"<'~""_h1Jk,,,^--> $111,432.91 $ $ "_7' ,_,~_'"[Kjd;~i~~f!i;jj~t!~~ -. .~~~-- ~,... r't'ulfjj[JJlIf '-':~Mitil ~.,..;~ a'''''-Im:'' --'i!; nil . .. -, ,.I . .", g a ~ ~ -. ~ ~ Uu ~\"- N .4 1hf ,-lQ ~ u-> ~ 5 -""'1- --n F'np 0<\ ~ :-0 ~:-- CI) ~ -. ~OJ .c:: -0\:9 "1J 0 ~~ N -0 , ~ B8d~~& N II~~ - o (). ~5 -0 ::r::t.I W ~ 20 <::: :It m ""- , I j8 &:' S{ >() "() ~~ , I , '~-U .' ~ ~& ~ ,:;:> 0:> "'.., "' F "' :::, "' :.~ "' " " " ~ ,"""~,_~,c_~~ . ~= " .." "~, ,~ _"~~,~"., ~",.",_ ,_' .~.~ '._.c_ ,'" ,< ~ ~ .~_~,_ , -.. ~ "","-"""",--->--~,'"--' "~'"~ - ...- . l~. DESCRIPTION , I .1 ! . I\.LL THOSE CERTAIN two (2) parcels of land situate ill Lower Mifflin Township, Cumberland Couney, Pennsylvania, more particularly bounded and described as follows: PARCEL NO.1: BEGINNING at an iron pipe at the northeast corner of Tract No.2 of the hereinafter mentioned Subdivision Plan; thence by Tract No, 2 of said Subdivision Plan Nonh 61 dearees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract ND, 1 Df said Subdivision PI:n NolIth 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No. 4 of said Subdivision Plan South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of beginning. Containing 0.984 acres, more or Jess. IT being Tract NO.3 on the Subdivision Plan of Raymond A, Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland Couney, Pennsylvania, in Plan Book 40, page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract NO.2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and L SUBJECT, however to a 20 foot wide private right-of-way to the Grantors or the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and assigns, over the northwestern 4ufeet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL NO.2: BEGINNING at an iron pipe at the northeast comer of Tract No.3 00 the her~inafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan Nonh 32 degrees 28 minutes 23 seconds East 214.7 feet to an iron pin; thence by land now or formerly of Robert W . Weary, Jr., South 61 degrees 58 minutes 6 seconds East 215 feet to an Iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.7 feet to an iron pin, place of beginning. Containing 1.054 acres, more or less. IT being Tract No.4 of the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland Couney, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns over the nonhwestern 20 feet of Tract Nos, 3 and 2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibiliey of the owners of Subdivision Tract Nos. 3, 4, and 1. HAVING thereon erected a single family dwelling, known and numbered 110 Mountain Road. TAX PARCEL: #15-04-0393-047 TAX PARCEL: #15-04-0393-048 '~-,,' - _. . ~" ~ , ~~~"--~~. , . #9198-SF Martha E. Von Rosenstiel, P .C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, a!kIa Michael D. Painter, a!kIa Michael Dale Painter and Cheryl Painter, a!kIa Cheryl L. Painter, alkla Cheryl Lynn Painter Defendants PRAECIPE TO THE PROTHONOTARY: As judgment has already been entered on June 4, 2002, with damages assessed in the amount of$I11,432.91, in favor of the above named plaintiff and against the above named defendants, kindly Issue the Writ of Execution on this matter. I hereby certify that the correct addresses of plaintiff and defendants are as follows: Plaintiff: One M & T Plaza Buffalo, NY 14203-2399 Defendants: Michael: 2250 Dusty Lane Enola, P A 17025 Cheryl: 317 Wye Road Baltimore, MD 212 1 Martha E. Von Rosenstiel Attorney for Plaintiff / Ii ';i","~,;;;9:-i-\;-j{~~~~ ~ ~i1~1l..lI!ll!~~UW:~m:Mii<g.oO\.~~Ll~~ ~1II~__:~W1!~ , (') 0 00 C N ''\'1 ~ a 'c'J ;h::n ~93 ..::: '''aM N -'''% 'Z-C:. N t:) ~~' e -0 ~;1~ <::: :;; 0- ~g 20 ...rn ::. S{ ~ 0 ~ 0:> ~~~~ i!!I~lkll!i.lr j TI -n]! ! r ] I ' !lJli!;l,Lo<,_!l,JltU_U,_,,_iI~_k<~H _!l_~XJJ)J,l [1 [1.11, .1 . I J .,<,1.1." " __<#,__.!,l! L. I,I. .11l1. .._-", -, ~~ ,"1!..-- '" - ...~~.""= ,~' "'-'~'~__:t",,", ~ Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, a/k1a Michael D. Painter, a!kIa Michael Dale Painter and Cheryl Painter, a!kIa Cheryl L. Painter, a/k1a Cheryl Lynn Painter Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. YON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as ofthe date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 110 Mountain Road, Newville, P A 17241. 1. Name and address of owners(s) orreputed owner(s) Michael Painter, a!kIa Michael D. Painter, a!kIa Michael Dale Painter 2250 Dusty Lane Enola, P A 17025 Cheryl Painter, a!kIa Cheryl L. Painter, a!kIa Cheryl Lynn Painter 317 Wye Road Baltimore, MD 21221 2. Name and address of defendant(s) in the judgment: Michael Painter, a/k1a Michael D. painter, a!kIa Michael Dale Painter 2250 Dusty Lane Enola, PA 17025 Cheryl Painter, a/k1a Cheryl L. Painter, a/k1a Cheryl Lynn Painter 317 Wye Road Baltimore, MD 21221 ." ~--" o. --f_~"""",,', " .. 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: OCCUPANTS 110 Mountain Road Newville, P A 17241 Bureau of Compliance Clearance Support SectionlATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 Family CourtlDomestic Relations Office One Courthouse Square Carlisle, P A 17013 Dept. of Public Welfare Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to tire best of my personal knowledge or information and belief, I understand that false statem fs herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '~ " I I~ - ~-'" ~. =. .~~"'~".t,)l;~,i,,,,,,, . MARTHA E. YON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(610)623-2660 FAX(610)623-2745 November 18, 2002 TO: Bureau of Compliance Clearance Support SectionlATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 RE: NOTICE OF SALE OF REAL PROPERTY: 110 Mountain Road Newville, PA 17241 Amount of Judgment: $111,432.91 Date of Judgment: June 4, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Manufacturers & Traders Trust Company, as trustee Defendants: Michael Painter, a/k/a Michael D. Painter, alk/a Michael Dale Painter and Cheryl Painter, alkla Cheryl 1. Painter, alkla Cheryl Lynn Painter Dear SirlMadam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, PA 17241 will be sold by the Sheriff of Cumberland County on March 5,2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor ofthe above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Michael Painter, a/k1a Michael D. Painter, a/k1a Michael Dale Painter and Cheryl Painter, a!kIa Cheryl L. Painter, a!kIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filiJ;lg of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to dete ine the actual date of the filing of the schedule. Sincerely yours, ~. _.~, " ~ " ~ " I 'O'~"~ . ~_.,,~, '-. ""',"~"",_,,,,,,;;.,,,o,-,,',,, MARTHA E. YON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(61 0)623-2660 FAX(61O)623-2745 November 18, 2002 TO: Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 RE: NOTICE OF SALE OF REAL PROPERTY: no Monntain Road Newville, PA 17241 Amount of Judgment: $111,432.91 Date of Jndgment: June 4, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Manufacturers & Traders Trust Company, as trustee Defendants: Michael Painter, alk/a Michael D. Painter, alk/a Michael Dale Painter and Cheryl Painter, alkla Cheryl L. Painter, alk/a Cheryl Lynn Painter Dear Sir/Madam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, PA 17241 will be sold by the Sheriff of Cumberland County on March 5,2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. / / Sincerely yours, ,. jMart / I 1 / i/ . Von Rosenstiel - - , I I - '. ~"" . l"''''"""""'-"",%,,,,,.,,,,,,,-, , MARTHA E. YON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(61 0)623-2660 FAX(610)623-2745 November 18, 2002 TO: Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 RE: NOTICE OF SALE OF REAL PROPERTY: 110 Mountain Road Newville, PA 17241 Amount of Judgment: $111,432.91 Date of Judgment: June 4, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Manufacturers & Traders Trust Company, as trustee Defendants: Michael Painter, afkla Michael D. Painter, afkla Michael Dale Painter and Cheryl Painter, a/kla Cheryl L. Painter, a/kla Cheryl Lynn Painter Dear SirlMadam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, PA 17241 will be sold by the Sheriff of Cumberland County on March 5,2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PAI7013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. , / / Mart I I / ! fI . Von Rosenstiel ". .......... . .L ~~ - -~ -<t"'~-""'"",~{$.",,j'''<l>:i:!;i'h:,,' MARTHA E. YON ROSENSTIEL, P.C. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(61 0)623-2660 FAX(610)623-2745 November 18, 2002 TO: OCCUPANTS 110 Mountain Road Newville, P A 17241 RE: NOTICE OF SALE OF REAL PROPERTY: 110 Mountain Road Newville, P A 17241 Amount of Judgment: $111,432.91 Date of Judgment: June 4, 2002 Court Term and Number: Conrt of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Mannfacturers & Traders Trust Company, as trustee Defendants: Michael Painter, alk/a Michael D. Painter, alkla Michael Dale Painter and Cheryl Painter, aJk/a Cheryl L. Painter, alkla Cheryl Lynn Painter Dear SirlMadam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, P A 17241 will be sold by the Sheriff of Cumberland County on March 5, 2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PAI7013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed, This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. Sincerely yours, " "-O:"'"if'.".'c-,*'1iK,ilf.f;jiJl}jjhji~t~~i.l~~"'i'tfd__..,,~~~Mi~~il&'ti1-,.~.~--" "]Ji~'lil!lIIl1l "'~ill '"_Itt 0 0 0 C N ..., $: :z .-\ ;:RrJJ <::) :I:n fn 0::: rn Z::o r l&~ N -o[I1 N :::;':;7 ('-} , ~CI -0 ;:=;Q ", t ~O :::i!: "-~-n i!C) :;.;2 r ..-"rn "'" z ::> 'j;! =<! '0 ~ ~S~ ~"Jj{)JlI!,l!1 [,' n,Il!,ln[llIJ.nlIl,l~ll!U.J[.,<"" ". """U.c'lli!! , ,,,,,,,",,,U'flIJ,JL! J1I.,l!l!!"l"",),d..,;\).l.,..,JU """~"""""" h :,'b' " " ..., ,,,.' ,0,"",' i=""" ~"~~,..~ ~"~.~~". i ,I" -- ~=""'a,.".-,-","""*-",,,,-" , , Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610623-2660 Attorney LD,# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, a/k1a Cheryl Lynn Painter Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Painter, alk/a Michael D. Painter, alk/a Michael Dale Painter 2250 Dusty Lane Enola, P A 17025 and Cheryl Painter, alk/a Cheryl L. Painter, alk/a Cheryl Lynn Painter 317 Wye Road Baltimore, MD 21221 Your house and/or real estate at 110 Mountain Road, Newville, P A 17241 is scheduled to be sold at Sheriffs Sale on March 5,2003 at 10:00 a.m. to enforce the court judgment of $111,432.91 obtained by Manufacturers & Traders Trust Company, as trustee against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to Manufacturers & Traders Trust Company, as trustee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 610 623-2660. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. J( ~~ =.~ . h'" , _Jol.-'tc",>, 3. You may also be able to stop the sale through other legal proceedings. You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling 610623-2660. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may ca11610 623-2660. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, P A 17013 Telephone: 717 240-6200 ~ ~ - ,,_I. , -- ",. _.~,,"-"""" CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice ofthe hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature TillS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 717 240-6391 .=. I ,-v,'_ ", "=- J'l_",.__"a,'.,-M""~5;,"", , WRIT OF EXECUTION _ (MORTGAGE FORECLOSURE) P.R.C.P. 3180 to 3183 and Rule 3257 Manufacturers and Traders Trust Company, etc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-7251 Term, 20__. .E.D. Michael Painter, a/k/a Michael D. Painter, a/k/a No. Term, 20-.. .A.D. Michael Dale Painter AND Cheryl Painter, a/k/a WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Cheryl L Painter, a/k/a Cheryl Lynn Painter Commonwealth of Pennsylvania: County of TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYL VANIA: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically describe property below): PREMISES: 110 Mountain Road Newville,PA 17241 Amount Due $111,432.91 Interest from 05/31/02 to Sale Date @ $24.47 per diem Attorney's fees Total $ $ $ $ Costs as endorsed. Daten Prothonotary, Common Pleas Court of Cumberland County, Penna. (SEAL) By: Deputy I I <=> <=> N N - V> N r- I - o o ci Z Z ci Q >Ii -< ,~ll,mj.!". _ ~< 0- Z <1:>< <> ~.....:l ....:1>- Po.lZl z~ O~ :::is'''' :::is " 01: Uz ~~ 00 U E-< PiCl ~z 0< U....:l ~ ~~ ::I:~ E-<:2: z~ _u ti ~ <ll .g <<l ~ "0 a ~ u "'1:> B u ~ e <<l :;E ;;; a ~ u . """!,,,;,'Y,ii-,'i<-ii'!._iMMi'll:IM\~.."-ll\fj'm~~lIltr~~~';;;"-"".,.(,d';l ~"-. lIIrl1UIIi ,; :> '" of ~~M " " ~' lD "E! <u _.;::::1 1::.8 ~ ,~ '" '" Po. S Po._ :;; c:i ~....l " --,,- llu S -"0-" .~zu ::s<'" ~!l~ ,S M" ~" ~ ll.} "Po. ~ 1;] 11) .S .; c; ~ Po.O . .-,_ .....:l ""- l!l!~ 1:..) U (l) ....'.....,J:::l ::;: ::s u .. ...., LLI!J,Ul_,b... ~~,,,.,,",....!,*M,".. z,-.. 8 ~ E-< '" ::;>.fi u () ~ e >:: 0 ~~ Il) ~OJ) o <<l OJ) E-<;:; >-< 0 Pi:;E :S:'-' '" - '" o U .,,; Po. o .... "" ~~~w,~,_ __"~"'~".__ ~_"_~.__'~ Il) Il) ~ .g> ,:; ...: u 0< '" ~ ...: '" lZl Q) Il) .~ a 0 ~ ~ ~ ~<~ ~~<o r:::~Po.\O o 0 \0 >-0 ON '" " , p:j ta ~ ~ "'....:10\0 ,.d. . 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DESCRIPTION ALL THOSE CERTA.IN two (2) parcels of land siruate in Lower Mifflin Township, Cumberland Ctmnry, Pennsylvania, more particularly bounded and described as follows: PARCEL NO.1: BEGINNING at an iron pipe at the northeast corner of Tract No.2 of the hereinafter mentioned Sllbdivision Plan; thence by Tract NO.2 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan Nouth 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No. 4 of said Subdivision Plan South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of beginning. Containing 0.984 acres, more or less. IT being Tract NO.3 Oll the Subdivision Plan of Raymond A. Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract NO.2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and 1. SUBJECT, however to a 20 foot wide private right-of-way to the Grantors or the successors in title of Subdivision Tract Nos. 4 and I of said Subdivision Plan, their heirs and assigns, over the northwestern 40 'feet of the premises herein described, as indicated on the aforesaid Subdivision Plan. PARCEL NO.2: BEGINNING at an iron pipe at the northeast corner of Tract NO.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivisionl'lan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence.by Tract No.1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.7 feet to an iron pin; thence by land now or formerly of Robert W. Weary, Jr., South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.7 feet to an iron pin, place of beginning. Containing 1.054 acres, more or less. IT beina Tract No.4 of the Subdivision Plan of Ravmond A. Hoover and Patricia E. Hoover, his ~ . wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns OVer the northwestern 20 feet of Tract Nos. 3 and 2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintellance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and 1. HAVING thereon erected a single family dwelling, known and numbered 110 Mountain Road, TAX PARCEL: #15-04-0393-047 TAX PARCEL: #15-04-0393-048 ~.ffilli]!~!&iIt,i~k~h~.ii#K1t"Jt',2i,';"",>~~""-,, S"J~f~";n"",.-i,<,'tii~::Wiili~;jj;~M!ll~~_1f~~;t".,;g~"""i,;~_i!i!ilE!W3eblklW~ - .. ~<,I~~+.,,,, J.._",," 1l]JJL"_I!Il,=__~<~~1L~Jl..,LL.l~.".,_ >',.= """""""",,,,1, ,';<- ".- .~_,.,"-b,,>.. _'.^.~,' ,''''''''"'''c<..~' .,"oruw...;-'l ',_"', "-"",, ._. ,~." ~"",""..~"',~. .'=. <..".,""~,.~, .~~ ~ 0 ~ N % ..... -OW 0 :r: mrn <: ,n'2l Z:r.; , r Zr;- N -"om ~.,::~ N i5~ 4, ~O ,,~... " 2~ ~o ::Il: , CJ >0 ..,... om c: ;=; ~ 0 3:i \0 -< ~~1A ~, .- h~~ _ , nL ~ I 1-'-' ~~,,",,-,--- ~n_'~~"""'~="i;"~hl'""'n WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-7251 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, AS TRRUSTEE Plaintiff (8) From MICHAEL PAINTER, aMa MICHAEL D. PAINTER, aMa MICHAEL DALE PAINTER, 2250 DUSTY LANE, ENOLA PA 17025 and CHERYL PAINTER, alkla CHERYL L. PAINTER a/kla CHERYL LYNN PAINTER, 317 WYE ROAD, BALTIMORE MD 21221. (I) You are directed to levy upon the property of the defendant (s)and to sell ALL REAL ESTATE LOCATED AT 110 MOUNTAIN ROAD, NEWVILLE PA 17241 (SEE ATTACHED LEGAL DESCRIPTION) . (2) You are al80 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 ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,432.91 L.L. $.50 Interest FROM 5/31/02- 3/5/03 @ $48.67/per diem Atty's Conun % Due Prothy $1.00 Other Costs Atty Paid $138.94 Plaintiff Paid Date: NOVEMBER 22, 2002 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQ. Address: POBOX 457 LANSDOWNE PA 19050 Attorney for: PLAINTIFF Telephone: (610) 623 2660 Supreme Court ID No. 52634 ~ ~ ,. ~- " I ~ -"~ --r ,~~_~",""",;-i%B,~j #9198-SF ...3 Martha E. Yon Rosenstiel, P,C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, a/k1a Cheryl Lynn Painter Defendants AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. YON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service of the Notice under Rille 3129.1, in the above matter was made on the defendants via certified mail, return receipt requested and by regular first class mail (unless otherwise stated) and on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: 1. Name and address of owners(s) or reputed owner(s) Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter 2250 Dusty Lane Enola, P A 17025 Cheryl Painter, aIkIa Cheryl L. Painter, a/k1a Cheryl Lynn Painter 317 Wye Road Baltimore, MD 21221 2, Name and address of defendant(s) in the judgment: Michael Painter, aIkIa Michael D. painter, aIkIa Michael Dale Painter 2250 Dusty Lane Enola, PA 17025 "" -'" ~ ...~^_.~ ~ ~ ~, " "< ~"'-'*"""'~" - Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter 317WyeRoad Baltimore, MD 21221 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: OCCUPANT ./ 110 Mountain Road Newville, PA 17241 Bureau of Compliance I Clearance Support SectionJATTN: Sheriffs Sale Dept. 281230 Harrisburg, P A 17129-1230 Family CourtlDomestic Relations Office .; One Courthouse Square Carlisle, P A 17013 Dept. of Public Welfare / Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating "unsworn falsification to authorities. M . Von Rosenstie Attorney for Plaintiff :,'c"""_,,",,...~ ~ ~~." ~ '"'~ _-....2.....-~" _ ~- - , ~' ~~wlt.JiI,~,!m 0- 00 0- r'! ru ~ Postage $ t <;pWNI::'" ~0.~"""'-<> ::F~ .~,~~ \ ,,,. - --', -'-I HOfO l~ I' r... i .,~< J " (;~,!qJ__A/ ~~ Cheryl Painter/Cheryl L. Painter/ Cheryl Lynn Painter -317 Wye Road "Baltimore, MD. 21221, ~Fee E:J Rolum ~Fee E:J (E.1do._...,'RoquIJod) E:J _~'-'Fee E:J (En-.ni~ E:J __aFeoo $ =r 0- r'! r'! _Apt. No.: C _PO_No. E:J l'- ~_zt"'4 qR8~ <'", " __L.-J L..-_~",.....~,~~.....,.;.;.;" t ,.."..;-... -." ~~"""~""",.;.,,.,""'~,--'.;"'~,~"'''''-"~ . 'I ~- E:J , E:J E:J E:J 'Pootase $ , CortIfIod Fee ~~ =..~~ ;! __~a.... $. . ' 0- MIchael PamterlMlchael D. Painter/ r'! SentTc Michael Dale Painter :::! srmrA 2250 Dusty Lane I...J orPOBt le ~s;a Enola, Pa. 17025 . , q{<r6>> --00.-.-10 *- -.ffQ tn here in stamps ...Oh4lir .stage and qtot.;r mark. Inquire of oWfnast.for current Received F'om: 6~'ib 'ft) ebUN/7lo MARTHA E. VON ROSENSTIEL P.G. ~ 'tl ~ ~'i" P n [lOX 4~; AVE. =2:, ,~. ..:, Ii) l LANSDOWNE, PA 19050 \O~\ -.~~~!i} I '.i . "'"---' .", MichaelPamterlMIchael D.Pamterl', ,'," "Z 001 =~~~----~' - . ~:~ II " -.---,.-~-"..-.-"--~-.~4 (.qg_ 0 \N \N ~ U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOM~STlC AND INT,ERNA TlONAL MAil. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER PS Form 3817. Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING A MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOE'S NOT ClA' PROVIDE FOR INSURANCE-POSTMASTER Received Fi.lARTHA E. VON ROSENSTIEL P.G ~ 16 S. LANSDOWNE AVE: " ~ ~ ,~ LAN!'l~n~/~~XR15~99S8 t..,.'- ' , ' 0' Il1)( = 'lgs 'l, j_'! :::=:r:i"'-,~ One piece of ordinary mail addressed to: \ '"Z. \. /" .::J \?~. ' / - Cheryl Painter/Cheryl L. Painter~=E/ ' - Cheryl Lynn Painter I 317 Wye Road - Baltirnore, MD. 21221 '1lqr PS Form 3817, Mar. 1989 ffix fee here in stamps ""'stir ~stage and .90 tArk. Inquire of ..eoCDI\Mt.for CUrrent ... . .. O'JNl7lo O~1f4.{: ~Jf ~ ; ~'tl V10Vl O~~VI 5") ~ .:: ; ,'-.. .::,' .~} .":~: ':::,":",'~'~. 'r<.r:J..::::'..,..:.~;.~.;~,';1;~,::i,,:j~)<!, '?.~,':~~:" ,',;..:, ,,': ;'.",'""c... . ..... ":r-j'~,,.;~: ; " 't ~.~~~?~,~~>~.;:J",) ':.: .' '''''-. - ~'. . Complete items 1~ 2. and 3. Also complete , item 4 if Restricted Oe!ivery is desired. :.. . · Print your name and address on the reverse .- so that we can retum.the,card to you. ~~ . .~ . Attach this card to the back of tiie'inailpiece;',~ or .on the front if space permits.-->')'1 1. Articl;;-Add~~'to':~..~....:..:i:.~b..~:,.:_~~-.,. O. 1$ dellvery address different from Item 1? Yes 'lfYES,enterdenveryaddrassbelow: ,- r No Cheryl Pai:;e~;~~~~1 L:'P~~:7"l Cheryl Lynn Painter I 317 WyeRoad i Baltimo.r:' MD. 21221 '.' J;;;. 3~e 100 Type. Certified Mall 0 Express Mail ,. _Registered. . . a Return Receipt for Merchandise , 'Q~ Mm;;' Q C.O.D. 4. Restricted Delivery? (Extra Fee) Yes ',_0' '.. '. ..~.._,,,~-;:...:;~;~,::.;~:~: 2. ArticfeNumber :-\~'-'~..'"' ~~"~-....~,,-' '-.,,~~~ry,'~'.i_-:::;-~:h'~' r':':, , (T""'sfertom;sei;vlc!>~ I II ' 'I " 0; '11 "'). ..)l'S F,qrm i3,8t1'foug~2001T:r ill' '; !l<>!TlestlcRelUm Recalp....'." I ii 11 clifilil!f I i (it ii it.'" "', -...'j' , i ( 9 {qg 55 102595-<l2"':1~;.s ,;,- ------- '1~_";Cciinplete:itamsj,~~and 3~"A1so-c(:i'mplete'''':,,~~f6 l~iiem'4jf,R9StrlCtOi:l oellveiYiS~deslred~- " : II Print your name"enc!'iKldras'S Oit'the reverS~I' . '! '~s6-'that' we- can return the card to you. .;:~;~" 1.~;"'''":~_ , 1''-'AttaCii.it;iS'C:ar<ltci'lh,,;bsct<of lh.ni.llpleC.:"~ .J ~~or on'the frOnt'lf sPace p8in1i~~~~~ " _, ~,' ,'w ~. '1;2~~~,~~~~~~;:;~~:,':'.. .".--~m I 2;~'Nfichael'Pamteri1V1ichaer b:Pamter : i ., Michael Dale Painter . 'T 2250 Dusty Lane Enola, Pa. 17025 .', ',,'- B ~~r?_1!*:~/~'f '.;'-;;""''' 3. $eMce 'tYpe ~Certified Mail 0 Express Mail o _Registered 0 Return Recei!?t for Merr:::handlse D lnsurOCt Mail 0 C.O.D. " " 4. Restricted Delivery? (Ect.fa Faa) ,. ". 0 Yes .".._..~ "~~~:':-i-~~'; ';" ,,'- _:'~'O , 2. Artfcfe Number "''''''-'','' 'f~'_ ..^l-..'-......,.~~~);.-.~.h'<j.:~(~~~~'..~1:';(t~.::~" t~; '--)2.j:::-,e, ~'_ , (Transferfromservicolabe/) tMJI \qf{.(j MO'{l8~lq()q?,A " PS Form 3811 AugUSt'200f \ ) ; 1; Domestic ~etl.lm Receipt ' < q;c; f( ~.,"~;.~:".:,-~~':";~.~:~;....'..>~i.i L ".llt j\H . ______, ~ s.s ~ 1 '02S95-02<M--1j >..' '. '- "';'7':'.,', .~" ~~, '0' " ,,.~,, .;_~:: ''';~;J.:Ij~,__~~,.;:,.-, , ...:.:.;. l,,," ~ ...1, "~'~"__""\'",,.,.,>,",, .~~'",:...!.,~~ J; ~~.~1;,.~~,.~t~~,,~~,.>r:?_~;.:: ~'-,i.,;;:",:-: """"_~""''''',o,,,,",, ,"<",,~,"'''b, _i--~,"~,_'~} "-: ,... ;..~. --, '''''''~' '., ..;..,: ., .."",~, '''~-.; '<...'-" fit? 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Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Martha Von Rosenstiel. Sheriffs Costs: Docketing Surcharge Advertising Posting Bills Law Library Prothonotary Mileage Certified Mail Levy Patriot News Law Joumal Poundage Share of Bills 30.00 40.00 30.00 30.00 .50 1.00 16.56 8.84 30.00 403.27 535.10 23.01 25.21 $1173.49 paid by attorney 02/20/03 Sworn and subscribed to before me So Answers: This n~dayof .1~"h'7 r~~~< ~~ (l R. Thomas Kline, ~e;:;:- 2003, A.D. '---I'1~Q 1M.l}p, 1~' BY ~ J() JVYU.~ Prothonotary Real Es~eputy I. )'1) Uz. .3 ? ?'f'1 /d.t- 135'03J .~o - ~ ~~,~ ~ -~"''' , L.. n _ -'~"_J$~,,*Ii1.Mt' Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 . Lansdowne, P A 19050 610623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter Defendants AFFlDA VIT OF NOTICE PURSUANT TO RULE 3129.1 COMMbNWEAL TH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. YON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 110 Mountain Road, Newville, PA 17241. 1. Name and address of owners( s) or reputed owner( s) Michael Painter, aIkIa MichaelD. Painter, aIkIa Michael Dale Painter 2250 Dusty Lane Enola, PA 17025 Cheryl Painter, aIkIa Cheryl L. Painter, a/k1a Cheryl Lynn Painter 317 Wye Road Baltimore, MD 21221 2. Name and address of defendant(s) in the judgment: Michael Painter, a/k1a Michael D. painter, a/k1a Michael Dale Painter 2250 Dusty Lane Enola, P A 17025 Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter 317 Wye Road Baltimore, MD 21221 """~ r" "I ,.~'I. . 1._'- ti"' -_"lI-_"~~*""it""'iJ@',- 3. Name and address of every jUdgnlent creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: OCCUPANTS 110 Mountain Road Newville, P A 17241 Bureau of Compliance Clearance Support SectionlATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 Family CourtlDomestic Relations Office One Courthouse Square Carlisle, PA 17013 Dept. of Public Welfare Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statem tits herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ " " --~, -"" .~" I--..",,~~ ~.~~.. - -~~,~""....'il:,"k-b;,4F--'-R MARTHA E. YON ROSENSTIEL, P.c. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE( 610)623-2660 FAX(61O)623-2745 November 18, 2002 TO: Bureau of Compliance Clearance Support SectionJATTN: Sheriffs Sale Dept. 281230 Harrisburg, P A 17129-1230 RE: NOTICE OF SALE OF REAL PROPERTY: 110 Mountain Road Newville, PA 17241 Amount of Judgment: $111,432.91 Date of Judgment: June 4, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Manufacturers & Traders Trust Company, as trustee Defendants: Michael Painter, a/k!a Michael D. Painter, alkla Michael Dale Painter and Cheryl Painter, alkla Cheryl 1. Painter, a/k!a Cheryl Lynn Painter Dear SirlMadam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, PA 17241 will be sold by the Sheriff of Cumberland County on March 5,2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to ajudgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners ofthe aforementioned property are Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filil)g of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to dete ine the actual date of the filing of the schedule. Sincerely yours, ! I / / I I ~ ~'1 ~' -~- ~ J ,~~ I.....'" ~l!:i~_......__.....-...~ ''''~'1t 'U~"""'a,~","""'c~.,,,;i;;'kL'. MARTHA E. YON ROSENSTIEL, P.e. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(61 0)623-2660 FAX(61 0)623-2745 November 18, 2002 TO: Family CourtlDomestic Relations Office One Courthouse Square Carlisle, P A 17013 RE: NOTICE OF SALE OF REAL PROPERTY: 110 Mountain Road Newville, PA 17241 Amount of Judgment: $111,432.91 Date of Judgment: June 4, 2002 Court Term and Number: Conrt of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Manufacturers & Traders Trust Company, as trustee Defendants: Michael Painter, alkla Michael D. Painter, alkla Michael Dale Painter and Cheryl Painter, alkla Cheryl L. Painter, alkla Cheryl Lynn Painter Dear SirlMadam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, PA 17241 will be sold by the Sheriff of Cumberland County on March 5, 2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PAI7013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. TIlls property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aJk/a Cheryl L. Painter, aIkIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date ofthe filing of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. I . Von Rosenstiel Sincerely yours, /Mart I I I ! i I I vi .~ .- '" "' I~ - i,~_" ~- "~"""__h""';'~'J'''0:;,;.!''A;:-,;,.~, MARTHA E. YON ROSENSTIEL, P.c. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P,O. BOX 457 LANSDOWNE, PA 19050 PHONE(610)623-2660 FAX(610)623-2745 November 18, 2002 TO: Dept. of Public Welfare Box 2675 Harrisburg, P A 17105 RE: NOTICE OF SALE OF REAL PROPERTY: 11 0 Mountain Road N ewvilIe, P A 17241 Amount of Judgment: $111,432.91 Date of Judgment: June 4, 2002 Conrt Term and Number: Court of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Manufacturers & Traders Trust Company, as trustee Defendants: Michael Painter, alk/a Michael D. Painter, alk/a Michael Dale Painter and Cheryl Painter, alk/a Cheryl L. Painter, alk/a Cheryl Lynn Painter Dear SirlMadam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, P A 17241 will be sold by the Sheriff of Cumberland County on March 5,2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PAI7013. This notice is being sent to you because my records indicate that you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants, The name ofthe owners, real owners, and reputed owners of the aforementioned property are Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. . Yon Rosenstiel ! i ! V -~....... '. I 1- "t...~" - "";""""""IM&d^;.','a".,',i;;.'3',H",'~,": . MARTHA E. YON ROSENSTIEL, P.c. ATTORNEY AT LAW 16 SOUTH LANSDOWNE AVENUE P.O. BOX 457 LANSDOWNE, PA 19050 PHONE(610)623-2660 FAX(6 I 0)623-2745 November 18,2002 TO: OCCUPANTS 110 Mountain Road Newville, PA 17241 RE: NOTICE OF SALE OF REAL PROPERTY: 110 Mountain Road Newville, PA 17241 Amount of Judgment: $111,432.91 Date of Judgment: June 4, 2002 Court Term and Number: Court of Common Pleas of Cumberland County, Docket# 01-7251 Plaintiff: Manufacturers & Traders Trust Company, as trustee Defendants: Michael Painter, alk!a Michael D. Painter, alk!a Michael Dale Painter and Cheryl Painter, alk!a Cheryl L. Painter, a/k1a Cheryl Lynn Painter Dear SirlMadam: Please be advised that the property and residential dwelling, located at and known as 110 Mountain Road Newville, P A 17241 will be sold by the Sheriff of Cumberland County on March 5,2003 at 10:00 a.m. in the Cumberland County Court House, One Court House Square, Carlisle, PA 17013. This notice is being sent to you because my records indicate that ,you hold a lien on the property secondary to the first mortgage, which is being foreclosed. This property and improvements are being sold pursuant to a judgment entered as indicated above in favor of the above named plaintiff, and against the above named defendants. The name of the owners, real owners, and reputed owners of the aforementioned property are Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. You should check with the Sheriffs Office by calling 717 240-6391 to determine the actual date of the filing of the schedule. Sincerely yours, f """""'...... ~ I, -.,.,."" ~~ "'>'""",b",-",:,.,~"A",."" Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O. Box 457 Lansdowne, PA 19050 610 623-2660 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers & Traders Trust Company, as trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No: 01-7251 Michael Painter, aIkIa Michael D. Painter, aIkIa Michael Dale Painter and Cheryl Painter, aIkIa Cheryl L. Painter, aIkIa Cheryl Lynn Painter Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael Painter, alkla Michael D. Painter, a/kla Michael Dale Painter 2250 Dusty Lane Enola, P A 17025 and Cheryl Painter, a/kla Cheryl L. Painter, a/kla Cheryl Lynn Painter 317 Wye Road Baltimore, MD 21221 Your house and/or real estate at 110 Mountain Road, Newville, PA 17241 is scheduled to be sold at Sheriffs Sale on March 5, 2003 at 10:00 a.m. to enforce the court judgment of $111,432.91 obtained by Manufacturers & Traders Trust Company, as trustee against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to Manufacturers & Traders Trust Company, as trustee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 610 623-2660. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. " ,- . " "'---''"-~-,"~""""-,.~..">,".,,,>, , , 3. You may also be able to stop the sale through other legal proceedings. You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE ~LACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling 610623-2660. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value ofthe property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 610 623-2660. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be aunounced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PA 17013 Telephone: 717240-6200 .,"""'_. ~ ~~ > ~ - .,jJ'.' ~ ' ~' ~' , ~' j' ~__ot"-"'-'""""~r.''';~*",,;'''' CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specifY real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice ofthe hearing should be given to me at (Address) (Telephone Number) I verifY that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 '"""""""'~. ~~ ~~ ~ ~ J ~ ru....~,,,~""'''''''','~.~,, WRIT OF EXECUTION _ (MORTGAGE FORECLOSURE) P.R.C.P. 3180 to 3183 and Rule 3257 Manufacturers and Traders Trust Company, etc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-7251 Term, 20_ _ __E.D. Michael Painter, aIkIa Michael D. Painter, aIkIa No. Term, 20-_ __A.D. Michael Dale Painter AND Cheryl Painter, aIkIa WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Cheryl L. Painter, aIkIa Cheryl Lyun Painter Commonwealth of Pennsylvania: County of TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically describe property below): PREMISES: 110 Mountain Road Newville,PA 17241 Amount Due Interest from 05/31/02 to Sale Date @ $24.47 per diem Attorney's fees $ 111,432.91 Total $ $ $ $ Costs as endorsed. Prothonotary, Common Pleas Court of Cumberland County, Penna. Dated (SEAL) By: Deputy :;;ajj;ri.'1l~M<<Mf.1W.,if-tli.Jrtii!!i.iJhii&it~'ii<:t~''''~l~",,;;i~j' ~ "' ~illl.rJi'] f1l " '...-~3i_:tilJ 1>;1',; ;< J, ~,_,:;l:,"'i:s.o;.,,,;;~--,, I I ~< 0- ~ Z ~ "'< '" of -~ ~ <=> <=> <> ~~M " N N .~ P;<....l '" '" ....l>< t: ^B ~ " if ~S Z ~ :> J'l-.UJ e ,...., .- ZZ - S '" ~ M al """ '" S. ~ 0 " E-< 0- a N '" oZ '", '" ~ >-< ~ ~~ E-< '" '" ~ l"- ::;sg: '" ci "&...l ;:J,Q P;< ,., , .... 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"..~" -", ~, ----- .~ DESCRIPTION ALL THOSE CERTAIN two (2) parcels of Jand situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: PARCEL NO.1: BEGINNING at an iron pipe at the northeast corner of Tract NO.2 of the hereinafter mentioned Subdivision Plan; thence by Tract No.2 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract No, I of said Subdivision Plan Novth 32 degrees 28 minutes 23 seconds East 200 feet to an iron pipe; thence by Tract No, 4 of said Subdivision Plan South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pin; thence by land now or formerly of Anthony Massie South 32 degrees 28 minutes 23 seconds West 200 feet to an iron pipe, the place of beginning. COntaining 0.984 acres, more or less. IT being Tract No.3 on the Subdivision Plan of Raymond A. Hoover and Patrida E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns, over the Northwestern 20 feet of Tract NO.2 as shown on said Subdivision Plan, owned by the grantors or their SUccessors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos. 3, 4, and L SUBJECT, however to a 20 foot wide private right-of-way to the Grantors or the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, their heirs and assigns, over the northwestern tV feet of the premises herein described, as indicated on the aforesaid Subdivision Plan, PARCEL NO.2: BEGINNING at an iron pipe at the northeast corner of Tract No.3 on the hereinafter mentioned Subdivision Plan; thence by Tract No.3 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract No.1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214,7 feet to an iron pin; thence by land now or formerly of Robert W. Weary, Jr., South 61 degrees 58 minutes 6 seconds Easl 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 degrees 28 minutes 23 seconds West 214.7 feet to an iron pin, place of beginning. Containing 1.054 acres, more or less. IT being Tract No.4 of the Subdivision Plan of Raymond A, Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress, egress and regress to the grantees herein, their heirs and assigns over the northwestern 20 feet of Tract Nos. 3 and 2 as shown on said Subdivision Plan, owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Subdivision Tract Nos, 3, 4, and 1. HAVING thereon erected a single family dwelling, known and numbered 110 Mountain Road. TAX PARCEL: #15-04-0393-047 TAX PARCEL: #15-04-0393-048 '''~''''~I:~~'~=""","",- ...,-~'~' .~ I~". ''''''''''"'~ 'd,~ --,......~,"'"J""'''''''",',',,,;,'',+jh,'. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL V ANL,\) COUNTY OF CUMBERLAND) NO 01-7251 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, AS TRRUSTEE Plaintiff (s) From MICHAEL PAINTER, a/kla MICHAEL D. PAINTER, alkla MICHAEL DALE PAINTER, 2250 DUSTY LANE, ENOLA P A 17025 and CHERYL PAINTER, a/kla CHERYL L. PAINTER alkla CHERYL LYNN PAINTER, 317 WYE ROAD, BALTIMORE MD 21221. (I) You are directed to levy upon the property of the defendant (s)and to sell ALL REAL ESTATE LOCATED AT 110 MOUNTAIN ROAD, NEWVILLE PA 17241 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify 1rim/her that helshe has been added as a garnishee and is enjoined as above stated...,.. Amount Due $111,432.91 L.L. $.50 Interest FROM 5/31/02- 3/5/03 @ $48.67/per diem Arty's Corum % Due Prothy $1.00 Arty Paid $138.94 Plaintiffpaid Date: NOVEMBER 22, 2002 Other Costs CURTIS R. LONG (Seal) By: REQUESTING'PARTY: Name MARTHA E. VON ROSENSTIEL, ESQ. Address: POBOX 457 LANSDOWNE PA 19050 Attorney for: PLAINTIFF Telephone: (610) 623 2660 Supreme Court ill No. 52634 "Jlll- ! 1.11.11 I ,."_""",,,_ "" ;:1~,dl>,~o>imi,,~'&1ti~~Jij0'Jt@I.littli'l'~~":;--"';,c"'- ,),."o"J,'J.:i;!..,~_~1l(~ti1!~~i!!lmli.!!lII ~f_ Real Estate Sale # 28 On December 5, 2002 the sherifflevied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, P A known and numbered as 110 Mountain Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 5, 2002 i rI, A C.. 11 f By:(j 0 v"^},JW1..(:v..\ Real Estate Deputy C!e ~ '.., c:::: @i' ij\i1- .~:~~i;i ': '. '," ~,:~. ;J 1 " ., """'''''"'~'''''''''' < '--o'd'a\-,,,J,,l,,.,~~,o. ,<_ ~ ,.~,_,_, ',"", ,,~~, ,'-", ".~';"-',", ",,^."",,' ""~'.,-- ~ ',~__~ ,'" -,-. " -~~ ".k.... - ~"""'_";.-"'r~I"""'''d",,"' - ~~ .~ \. 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. Controlier of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circuiation, 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 ali have been continuously published ever since: That the printed notice or publication which is securely allached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 28th day(s) of January and the 4th and 11th day(s) of February 2003. That neither he nor said Company is interested in the subject mailer of said printed notice or advertising, and that ali 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 #28 , Notanal T eny L. Russell, Notarf. Public City Of Hanisburg, Dauphin My Commission Expires June 6, Member, PennsylVania Association Of Notaries NARY PUBLIC My commission expires June 6, 2006 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 allached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 401.52 1.75 403.27 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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.................................................................... _ L .;, !k-,REA1;'eSTATe"SA\;E'NCi.28" ~ Writ. No. 2001-7251 ~-:--C' ~,"Clvil_Term ---,Manufacturers &. 'Il'aders ~Trust C~mpany, as Tru~tee .J.,_''.:..'.'-- " .- ,vs ~ MtCh~1 PalFrter alk/a ~ Michael D. Painter aIkIa ~Ichaei Dale Painter and "'~Cn.ryl PS"nier aIkIa 11. '.' '.' dl,' "ryl L. Painter aIkIa ," ' Cheryl ~ynn Painter .. Ally. Martha E. -''-,. Th ' Van Rosenstlel , I. ;. DESCRIPTION , -. T.HAT CERTAIN two (2) parcels of land - atej!!.J.ower Mifflin Township, Cumberland my, Pennsylvania, more particularly bounded -d described as follows. ~ NO.1: BEGINNING at an iron pipe at noitbeast corner of Tract No.2 of said ";;;S'iibdJyi~iQn Plan North 61 degrees 58 minutes 6 I' ':.sWest21S feet to animn pin; thence by ~. -r No. t of said Subdivision Plan North 32 - e~s 28 riUnuets.. 23 seconds East 200 feet 10 .:ll:5i1 pipe; .tben.ce by Trac! No. 4 of said rsionPlan Sonth 61 degm' sa minutes 6 e ,s, EaSC21Sl'eet to an iron pin; thence by an ,.-nQW~or formerly of Anthony Massie South, - ~ 28 minutes 23 seconds West 200 feet ~ Q...1l]J: -.iron pipe; 1he place of BEGlNNING. ~nmg,O.984&.1.eS,moreotless. 1_. --,!~G'fractNo.3 on the Subdivision Plan of ayrnoqd A. Hoover and Patricia E. Hoover, his ~,1{l.fe.--Wf.llcb Plan f.s recon.'td in the Office of the eroroer of Deeds io and for Cumberland -- ~, sylvania, in Plan Book 40, page 88. , ,,\Y.llh <1, ~O-foot wide private right~ ,fuT ~es of ingress, egress and , ilie,gI'!ll]t~5herein.l:beirheirsand over the Northwestern 20 feet of Tract ~'spowri .on ,said Subdiv:isi.on Plan, owned ~JQrs or l:beiI successors in tille, the ~ainteDam;c. ,md, care .of said private ~a~L being the responsibility of ilie i>fSilbdivisicm Tract Nos, 3, 4 and 1, ."h.owever, t.o a 20-fo.ot wide private ':"fayto the Grantors or- the successor;; in division Tract Nos. 4 and I of said i.on PIaii.,l:beirb,eirs nnd as.signs, over the (ein ,20 feet of the premises herein ~ as indicated on the afore::.aid ionPl<U1~ l!O. 2; BEGINNING at an iron pipe at l:a5t corner Or Tract No.3 on the iet mention~ Subdivision Plan; thence 0.3 of said Subdivisian Plan North 61 58' minutes 6 secands West 215 feet to an ;~!:hfce'bY"T:ract-NO. 1 .of said -P an North n degrees 2S minutes. 23 " 214.7 ft;et to an iron pin; thence by an --.now pr fonnerly of Robert W. Weary, Jr., '9i/inil~grees.58minutes6secondsEast215 .aD,: iron pipe; thence by_land naw or of Edward ,. Nelson South 32 degrees les)3 seconds West214,7 [eetlo an iron of BEGfNNlNG, Containing 1,054 or Jess. Tract No.4 of the Subdivision Plan of A. Hoover and Patricia E. Hoover, bis plan is recorded in the Office of the of Deeds in and for Cumberland ~. ',i)'lvania. in Plan Book 4O,!?age 88, with a ZQ-foot-wide private right- for'pur:po~s of ingress, egress and [0 ~e grante_es herein. their heirs and over the northwestern 20 feet of Tract '-- os. 3 and 2 as shown on said Subdiv:ision Plan, Q. meg.~ the w:a!:tlTS or Ibeir Sllccessors in title, aying, ~~ance and care of said pl;ivate f-way..J,L-~ th,e responsibility of the fSur,xllYlsionTractNos.3,4andl. $,SmJD erected a single family 'ni' known and numbered 110 Mountain II. " Oild.pA!\cit:NG>., 'lS,Q4.0393-047; 13-04- c,})l3'04S. .' , " . ,,_" ..~ " .,.j ~ ~.^""~~"'j;SW'W,t~~~i;'h,(t,i"'i",'''';.'''''Il3I;''+ , 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: JANUARY 31, FEBRUARY 7,14,2003 Mfiant 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. SWORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY. 2003 / N()1j LOIS E. SNYDER, NllWy PI.!llIIc ~ Bora., Cb111t.~r;i.md County My Corrimiss!on Eltpl."!Ill Man:h 5, 2005 , ",~",~", '. ",,',<.IJ MAL ESTATE SALE NO. 28 Writ No. 2001.7251 Civil Manufacturers & Traders Trust Company. as Trustee vs. Michael Painter. a/k/a Michael D. Painter, a/k/a Michael Dale Painter and Cheryl painteL alkla Cheryl L. Palnter. a/kl a Cheryl Lynn Painter Atty.: Martha E. Von Rosenstiel DESCRIPTION ALL TIfOSE CERTAIN two (2) par' cels of land situate in Lower Mifflin Township. Cumberland County. Pennsylvania. more particularly bounded and described as follows: PARCEL NO.1: BEGINNING at an iron pipe at the northeast corner of Tract No.2 of the hereinafter men- tioned Subdivision Plan: thence by Tract No. 2 of said Subdivision Plan North 61 degrees 68 minutes 6 sec- onds West 215 feet to an iron pin: thence by Tract No. 1 01 sald Subdi- vision Plan North 32 degrees 28 mm- cutes 23 seconds East 200 feet ~? an iron pipe; thence by Tract No. 4- of said Subdivision Plan South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pin: thence by land now or formerly of Antho.ny Massie South 32 degrees 28 mm- ~ ; I '"',,",,11,"' , utes 23 seconds West 200 feet to an iron pipe, the place ef beg\rmlng. Containing 0.984 acres. more or less, IT being Tract No. 3 on the Sub- division Plan of Raymond A. Hoover and Patricia E, Hoover, his wife, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Plan Book 40, page 88. TOGETHER with a 20 foot wide private right-of-way for purposes of ingress. egress and regress to the grantees herein. their heirs and as- signs. over the Northwestern 20 feet of Tract No, 2 as shown on said Subdivision Plan. owned by the grantors or their successors in title. the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Sub- division Tract Nos. 3, 4, and l. SUBJECT. however to a 20 foot wide private right-of-way to the Grantors or the successors in title of Subdivision Tract Nos. 4 and 1 of said Subdivision Plan, therr heirs and assigns. over the northwestern 20 feet of the premises herein de- scribed, as mdicated on the afore- said Subdivision Plan. PARCEL NO.2: BEGINNING at an iron pipe at the northeast corner of Tract No. 3 on the hereinafter mentioned Subdivision Plan: thence by Tract No. 3 of said Subdivision Plan North 61 degrees 58 minutes 6 seconds West 215 feet to an iron pin; thence by Tract No. 1 of said Subdivision Plan North 32 degrees 28 minutes 23 seconds East 214.7 feet to an iron pin; thence by land now or formerly of Robert W. Weary. Jr" South 61 degrees 58 minutes 6 seconds East 215 feet to an iron pipe; thence by land now or formerly of Edward J. Nelson South 32 de- grees 28 minutes 23 seconds West 214.7 feet to an iron pin, place of beginning. Contalnlng 1. 054 acres, more or less, IT being Tract No. 4 of the Sub- division Plan of Raymond A Hoover and Patricia E. Hoover, his wife, which plan is recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia. in Plan Book 40, Page 88. TOGETHER with a 20 loot wide private right-of-way for purposes of ingress. egress and regress to the grantees herein, their heirs and as- signs over the northwestern 20 feet of Tt-aqt Nos, 3 and 2 as shown on said Subdivision Plan. owned by the grantors or their successors in title, the laying, maintenance and care of said private right-of-way being the responsibility of the owners of Sub- division Tract Nos. 3. 4, and 1. HAVING thereon erected a single family dwelling. known and num- bered 110 Mountain Road. TAX PARCEL: #15-04-0393-047. TAX PARCEL: #15-04-0393-048. ......... ~ ,=