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HomeMy WebLinkAbout99-04377r:Y ??\ ` tA? ?. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert P Ziegler 1------------------------------------------------------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ----- First Union National Bank ------------------------------------------------------------------------------------ is the grantee 9th the same having been sold to said grantee on the _______________________________________________ day of August A D ]g 2000 under and by virtue of a writ -------------- --------------- Execution ---------------------- issued onthe-------- 14th ----------- --------------------------- March x2000 day of __________________________ A. D., 19X_____, out of the Court of Comman Pleas of said County as of -------------- Civil ------------------------------------------------------------ Term, 19-29 ---- Number -------- 4377, at the suit of__Firet Union National Bank a inst ____ Lee E Vanasdalen aka Lee E Vanasdlen -"-"""---"-----Sara-E"Vaiiasdaleu u a Sara E"-Vanaedleri-------------------------------- .......... Page 164 ---------- duly recorded in Sheriff's Deed Book No. 21 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __! _?____ day of ---------------- A. D.,49_--2 Goa ---- -- ---------------- Recorder of Deeds First Union National Bank -vs- Lee E. Vanasdalen a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen A/k/a Sara E. Vanasdlen In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-4377 Civil Dawn L. Kell, Deputy Sheriff who being duly sworn according to law, says on April 3, 2000 at 1:38 o'clock P.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action on the property of Lee Vanasdlen and Sara Vanasdlen located at 11 Hill Road, Carlisle, Cumberland County, Pennsylvania according to law. Dawn L. Kell Deputy Sheriff, who being duly sworn according to law, says on April 3, 2000 at 9:05 o'clock A.M. EDST she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants Lee E. Vanasdalen aka Lee Vanasdlen by making known unto Lee Vanasdlen at 319 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Dawn L. Kell Deputy Sheriff, who being duly sworn according to law, says on April 3, 2000 at 9:05 o'clock A.M. EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Sara E. Vanasdalen aka Sara E. Vanasdlen by making known unto Lee Vanasdlen husband at 319 Dwelling Court, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Lee E. Vanasdlen by first class mail to his last know address 319 Dwelling Court, Shippensburg, Pennsylvania. This letter was mailed under the date of April 4, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Sara Vanasdlen by first class mail to her last known address 319 Dwelling Court, Shippensburg, Pennsylvania. This letter was mailed under the date of April 4, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on August 9, 2000 at 10:00 o'clock A.M. EDST and sold the same for the sum of $ 1.00 to Attorney Anthony Distasio for First Union National Bank. It being the highest beid and best price quoted for the same First national Bank of Two West Washington Street, Washington, NJ being the buyer in the Execuiton paid to Sheriff R. Thomas Kline the sum of $ 863.70 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 16.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 19.22 Certified Mail 1.45 Levy 15.00 Surcharge 30.00 Postpone sale 20.00 Law Journal 339.80 Patriot News 243.49 Share of Bills 24.80 Distribution of Proceeds 25.00 Sheriffs Deed 26.50 $ 863.70 Pd By Arty 8-9-00 Sworn and Subscribed To Before Me This /5-' Day of 2000, A.D. CL, 7kc[lu iP Pro h notary So.afcS'%f R. Thomas Kline, Sheriff By Real Estate Deputy OIL CIP v ? uz, a.ey 4.3 Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -LAW : No. 1999-4377 vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants AFFIDAVIT PURSUANT TO RULE 3129 First Union National Bank, successor by merger to CoreStates Bank, N.A., successor by merger to Meridian Bank, Plaintiff in the above-captioned action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning real property located at 11 Hill Road, West Pennsboro Township, Cumberland County, Pennsylvania: 1. Name and address of owner or reputed owner: NAME: ADDRESS: Lee E. Vanasdlen Sara E. Vanasdlen 16 Hill Road Carlisle, PA 17013 16 Hill Road Carlisle, PA 17013 2. Name and address of defendants in the judgment: NAME: Lee E. Vanasdlen Sara E. Vanasdlen ADDRESS: 16 Hill Road Carlisle, PA 17013 16 Hill Road Carlisle, PA 17013 3 4. 5. 6. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME: First Union National Bank ADDRESS: c/o John Nalesnik 645 Hamilton Street Allentown PA 18101 Raymond E. Diehl Genevieve Diehl Elizabeth I Baker Phyllis L. Marks C. Edward Owens George K. Owens c/o Michael J. Hanft Esquire 10 E. High Street Carlisle PA 17013 c/o William A. Addams, Esquire 28 S. Pitt Street Carlisle PA 17013 Name and address of the last recorded holder of every mortgage of record: NAME: Carlisle Building and Loan Association ADDRESS: 1-7 uy=A 4 4zjh M4 C& C-cs' U=\e. P'A %-1013 Farmers Trust Company Keystone Financial Bank, N.A. One West High Street Carlisle PA 17013 c/o Mark Munster One South Centre Street P.O. box 1384 Pottsville PA 17901 Name and address of every other person who has any record lien on the property: NAME: None ADDRESS: Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None 2 w- l 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME: Tax Claim Bureau Township of West Pennsboro ADDRESS: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Tax Administration/ Water/Sewer Authority Carlisle, PA 17013 Tenant(s) I verify that the statements made in this of my personal knowledge or information and b statements herein are made subject to the peni relating to unsworn falsification to authorities Dated: ' Anthon 11 Hill Road Carlisle PA 17013 3vit are true and correct to the best I unders and that false of 18 P C.S. Section 4904 for Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -LAW : No. 1999-4377 vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: LEE E. VANASDALEN a/k/a LEE E. VANASDLEN SARA E. VANASDALEN a/k/a SARA E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 7, 2000 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD IS set forth in detail in a legal description mainly consisting of a statement of the measured boundaries of the property together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). The LOCATION of your property to be sold is: it Hill Road West Pennsboro Township The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 1999-4377 The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property are: LEE E. VANASDALEN a/k/a LEE E. VANASDLEN SARA E. VANASDALEN a/k/a SARA E. VANASDLEN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is flied. Information about the Schedule of Distribution can be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise you rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered the judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. LINTON, DISTASIO, ADAIS,& KAUFFMAN, P.C. Dated: Z Z By; 111 e.,rt,nn" o Attorney ID# 46890 1720 Mineral Spring Road P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 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 HELP. Court Administrator 4th Floor Cumberland County Courthouse i Courthouse Square Carlisle Pennsylvania 17013 Telephone 717-240-6200 r,e ir:;1 No. 1999-4377 Judgment: $222,864.54 Anthony R. Distasio, Esquire ALL THAT CERTAIN tract of land situated in Mt. Rock, Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone; thence by land formerly of Sara Danner, now of Oren Kitzmiller, South 31 degrees East 7.1 perches to a post; thence by land now or formerly of Floyd Bitner, South 85 degrees West 7.5 perches to an apple tree (blown down); thence by land formerly of Levi Mailor, now of Leib Myers, South 76 1/4 degrees West 20.3 perches to a post; thence by land formerly of John Seitz, now of Earl Tritt, North 14 degrees West 8.7 perches to a post; thence by land formerly of Levi Mailer, now of Earl Tritt, North 82 3/4 degrees East 25.5 perches to the Place of BEGINNING. CONTAINING one (1) acre and 70 perches, and having thereon erected a two story brick house and outbuildings. LESS, HOWEVER, a piece of land 16 feet in width along the West side of the above tract; containing 8.6 perches as the same is fully described in deed from Caroline McKeehan to Abram Etter, dated June 13, 1916 and recorded in Deed Book "L", Volume 8, Page 447. BEING the same premises which Ira E. Mell and Mabel M. Mell, his wife, by their deed dated March 8, 1985, and recorded on March 8, 1985 in Book 31, Page 436 in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, granted and conveyed unto Lee E. Vanasdlen and Sara E. Vanasdlen, his wife. TAX PARCEL NO. 46-09-0521-017 Seized and sold as the property of Lee E. Vanasdalen a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen a/k/a Sara E. Vanasdlen under Judgment No. 1999-4377. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4377 CIVIL W exm COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cutnberland COUNTY: To satisfy the debt, interest and costs due First Union National Bank from Lee E. Vanasdalen a/d/a Lee E. Vanasdlen and Sara E. Vanasdalen a/k/a Sara E. Vanasdlen, 16 Hill Road, Carlisle. PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachment isfoundinthepossession ofanyoneother than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $222,864.54 Interest $17,404.64 Ally's Comm Ally Paid _ 116.96 Plaintiff Paid L. L. $,50 Due Prothy $1.00 Other Costs Date: March 14, 2000 Curtis R. Long ` Prothonotary, Civil Division by: \ I ?GLI 11 1EV111,1l1 ?i Deputy REQUESTING PARTY: Name Anthony R. Distasio, Esq. Address: 1720 Mineral Spring Road, PO Box 461, sti Reading, PA 19603 Plaintiff Attorney for: Telephone: 610-374-7320 Supreme Court ID No. 46890 REAL ESTATE SAI__E Nosy i -Q /Y 'La W i I i70f1&c?L ISM 2'4? the sheriff levied upon the defendants Interest in the real property situated in 4-4&ZA-u z?P Cumberland County, Pa., known and numbered as: ,lLLf - d and more fully described on Exhibit "A" filed with rd , ? this writ and by this reference incorporated herein. RM nate''-- LE a-VO By Jvi 0 C f cD.94q-- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgeuthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 28, MAY 5, 12, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 54 Writ No. 1999-4377 Civil '/-L.///?G' _ First Union National Bank Ro r M. Morgenthal, Editor VS Lee E. Vanasdalen, a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen, a/k/a Sara E. Vanasdlen Atty.: Anthony R. Distasio ALL THAT CERTAIN tract of land situated in Mt. Rock. Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone, thence by land formerly of Sara Danner, now of Oren Klumillee South 31 degrees East 7.1 perches to a post: thence by b,.,a .,.,.,. ,,. f ...,...6. of Gl-A nn..,.. SWORN TO AND SUBSCRIBED before me this 12 day of MAY, 2000 tots E. SNYrAR, tiotory Pubk Carlisle son,, Curnbsriond County, PA My Commisdon Expires Morch 3, 2001 Roger M. Morgenthal, 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. Affiant further deposes that he is authoriz°d to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 54 Writ No. 1999-4377 Civil -- / First Union National Bank VS, Ro r M. Morgenthal, Editor Lee E. Vanasdalen, a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen. a/k /a Sam E. Vanasdlen Atty.: Anthony R. Distasio ALL THAT CERTAIN tract of land situated In Mt. Rock, Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone; thence by land formerly of Sara Danner, now of Oren Kttznuller, South 31 degrees East 7.1 perches to a post; thence by land now or formerly of Floyd Bitner, South 85 degrees West 7.5 perches to an apple tree (blown down); thence by land formerly of Levi Fallor, now of Leib Myers, South 76 1/4 degrees West 20.3 perches to a post; thence by land formerly of John Seitz, now of Earl Tntt, North 14 degrees West 8.7 perches to a post; thence by land formerly of Levi Fallor, now of Earl Trltt, North 82 3/4 degrees East 25.5 perches to the Place of BEGINNING. CONTAINING one (1) acre and 70 perches, and having thereon erected a two story brick house and outbuild. ings. LESS. HOWEVER, a piece of land 16 feet in width along the West side of the above tract: containing 8.6 perches as the same is fully described r In deed from Caroline McKeehan to Ahmm Etter. dated -Jame 19. 1916 and recorded in Deed Book "L", Vol- ume 8, Page 447. BEING the same premises which Ira E. Mell and Mabel M. Mell, his wife, by their deed dated March 8, 1985, and recorded on March 8. 1985 In Book 31. Page 436 in the Ofnce of the Recorder of Deeds in and for Cumberland County Pennsylva- nia, granted and conveyed unto Lee E. Vanasdlen and Sara E. Vanasdlen, his wife. TAX PARCEL NO. 46-09-0521- 017. Seized and sold as the property of Lee E. Vanasdalen. a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen. a/k/a Sara E. Vanasdlen under Judgment No. 1999-4377. SWORN TO AND SUBSCRIBED before me this 12 day of MAY. 2000 1,016 E. SNYD", Notary Pubk Corlid4i DOM, Cumbodand County. PA My Commi,aioo ExOres March 3, 2001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Rct No. 567. flooroued May 16. 1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to law, deposes and says: That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 41h, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editions/issues which appeared on the 2nd, 9th and 16th day(s) of May 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ( / , 1; 1 , , _„ PUBLICATION ' ------------------------ -------------- COPY Sworn to and subscribed before m h' 2nd day o one 2 0 A. D. SALE #54 N0larlal Seal Terry L. Russell. Nola Public Deupnln County Harrisburg REAL ESTATE BALE No. 54 ? Wiflf1a191B4,1TP . MycommsslonEaplrasJune6.2W2 NO RY PUBLIC I CNBTerm ., ' PennsylvaniaAMOClatbnO1IN ?esommission expires June 6, 2002 ber M W Bank 1. FIM Unlon*l1m , em - -sl'rEYwWNen CUMBERLAND COUNTY SHERIFFS OFFICE WtleidaM ytddLeA CUMBERLAND COUNTY COURTHOUSE L SAM ? In IN iAdr l3raE CARLISLE, PA. 17013 1 httt THnT cExr tit oViand Statement of Advertising Costs .'!floated m ML ivniship of West R+tmboro,oimty ` Cumberland and To THE PATRIOT-NEWS CO., Dr. ;Commonweaia?o( nsyi nb, bo6nded For publishing the notice or publication attached ?anddniribeda;f°Ibuato BECINNB4G.at'a st I (hence tiy'Gnd hereto on the above stated dates $ 241.99 foraii . of San Damrey now of Orcn Probating same Notary Fee(s) $ 1.50 glmiUfer,So°th3lde"SreesEast7.tperches a Met the me by Gird now or fomledy of to detgeed West 75 Fl Bitneq Soutth 85 Total $ 243.49 . Publis her's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By .................................................................... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication 9nder act No. 587 8oorou a Mau 16, Commonwealth of Pennsylvania, County of Dauphin} as Michael Morrow being duly sworn according to law, deposes and says: That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 41h, 1854, and September 181h, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published In their regular daily and/or Sunday and Metro editions/issues which appeared on the 2nd, 9th and 16th day(s) of May 2000. That neither he nor said Company Is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true: and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misgellaneous Book "M", Volume 14, Page 317. r ) ti/' PUBLICATION ______ _ y wU COPY Sworn to and subscribed before m 2nd day o uric 2 A.D ounty SALE M54 WAuo,?stionol !'i?LE?? PMllc nee.z002 NO RY PUBLIC m6W Member,Pennsylonot rdyommisslon expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBE RLAND COUNTY COURTHOUSE "' trndeNn CARLISLE, PA. 17013 m'? Ithn4elh&ivA rww.w tr-trad'at.land ic'' Irwni p 'of west Statement of Advertising Costs - of Cumberland and 4neidnla, bohnded- • To THE PATRIOT-NEWS CO., Dr. For ubli hi h ti " . rk, to p s ng t e notice or publication attached stale; thence b""'land hereto on the above stated dates $ 241 99 prier, now of Oren .TM f East 71 p , Probating same Notary Fee(s) $ 1.50 ?? of nk! nav 85-: degrees West 75 Total $ 243.49 e (bkim down} thence ,ri now of Receipt for Advertising Cost t 'llsher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT of toa NEW s North d? wore y I, ttocnedy a receipt of the - S, newspapers of general aforesaid notice and publication costs and certifies that the same ha arl Tn'(t North 8:.314 ve ehes to the Place of THE PATRIOT-NEWS CO. ie IU acre and 70 iereon erected a hro• By .................................................................... which Ira s wife, by in as the Property of Lee E.Vanasellen Real Estate No 54 $ 1000.00 Advance Costs Paid 3/14/00 Atty Anthony Distasio Assessed Valuation $ 3,550 Writ No 1999-4377 Civil First Union National Bank -vs- Lee E. Vanasdalen and Sara E. Banasdalen 11 Hill Road Carlisle, PA Real debt $ 222,864.54 Interest 17,404.64 Atty's Fees Atty's Writ Costs 116.96 Escrow Late Charges Sheriff's Costs Docketing 30.00 Poundage 16.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 19.22 Certified Mail 1.45 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Out of County Legal Search Law Journal 339.80 Patriot News 243.49 Share of Bills 24.80 Distribution of Proceeds 25.00 Sheriffs Deed 26.50 TAXES 2000 County/Township Taxes 110.06 Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 Attorney for Plaintiff FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW No. 1999-4377 AFFIDAVIT OF SERVICE OF NOTICE OF SALE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS ss. ANTHONY R. DISTASIO, ESQUIRE, being duly sworn according to law, deposes and says that he served the NOTICES OF SALE OF REAL PROPERTY in the above-captioned action upon those individuals set forth in the Affidavit Pursuant to Rule 3129 via U.S. Mail, first class, postage prepaid, with a Certificate of Mailing, from the Post Office, Reading, Pennsylvania on Apra 10 2000. True and correct copies of the Notice of Sale withCertific esofMailinga attachedhereto as Exhibit "A". Sworn t?qq and sub ribed before me this Ibir? day ea 2000. gft^M Notary FU 011C ric:dr..n E; +al Susan J. Puiv?c Readr,n;, Berks Co::nty My Cammiss,on EzGices Nov r' 20D0 L Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No. 1999-4377 NOTICE PURSUANT TO PENNSYLVANIA R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment, tax liens or have any other interest in or against the real estate of LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN. First Union National Bank Raymond E. Diehl Genevieve Diehl Elizabeth J. Baker Phyllis L. Marks C. Edward Owens George K. Owens Carlisle Building and Loan Association Farmers Trust Company Keystone Financial Bank, N.A. c/o John Nalesnik NJ 1212 Two West Washington Street Washington NJ 07882 c/o Michael J. Hanft, Esquire 10 E. High Street Carlisle PA 17013 c/o William A. Addams, Esquire 28 S. Pitt Street Carlisle PA 17013 17 West High Street Carlisle PA 17013 One West High Street Carlisle PA 17013 c/o Mark Munster One South Centre Street P.O. box 1384 Pottsville PA 17901 Tax Claim Bureau Township of West Pennsboro Tenant(s) Cumberland County Courthouse i Courthouse Square Carlisle, PA 17013 Tax Administration/ Water/Sewer Authority Carlisle, PA 17013 11 Hill Road Carlisle PA 17013 You are hereby notified that on June 7, 2000 at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberlandr County, Pennsylvania on the judgment of First Union National Bank vs. Lee E. Vanasdlen and Sara E. Vanasdlen, No. 99- 4377, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, in Carlisle, Pennsylvania real estate of Lee E. Vanasdlen and Sara E. Vanasdlen, known and numbered as 11 Hill Road, West Pennsboro Township, Cumberland County, Pennsylvania. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Potter County within thirty (30) days from the date of sale and distribution will be made in accordance with the Schedule of Distribution unless exceptions are filed thereto within ten (10) days thereafter. No further notice of the filing of the Schedule of Distribution will be given. You are further notified that the li you hold ag nst said real estate may be divested by sale and that you have an opp rtuVist/a tect your interest, if any, by being notified of the Sheriff Sale. Dated: p /?4 i Anthony , Esquire A ttorney for Plaintiff Pennsboro, County CofCu berland and Commonwealth of Pennsylvania, bou ded and described as follows, to wit: BEGINNING at a stone; thence by land formerly of Sara Danner, now of Oren Kitzmiller, South 31 degrees East 7.1 perches to a post; thence by land now or formerly of Floyd Bitner, South 85 degrees West 7.5 perches to an apple tree (blown down); thence by land formerly of Levi Mailor, now of Leib Myers, South 76 1/4 degrees West 20.3 perches to a post; thence by land formerly of John Seitz, now of Earl Tritt, North 14 degrees West 8.7 perches to a post; thence by land formerly of Levi Mailer, now of Earl Tritt, North 82 3/4 degrees East 25.5 perches to the Place of BEGINNING. CONTAINING one (1) acre and 70 perches, and having thereon erected a two story brick house and outbuildings. LESS, HOWEVER, a piece of land 16 feet in width along the West side of the above tract; containing 8.6 perches as the same is fully described in deed from Caroline McKeehan to Abram Etter, dated June 13, 1916 and recorded in Deed Book "L", Volume 8, Page 447. BEING the same premises which Ira E. Mell and Mabel M. Mell, his wife, by their deed dated March 8, 1985, and recorded on March 8, 1985 in Book 31, Page 436 in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, granted and conveyed unto Lee E. Vanasdlen and Sara E. Vanasdlen, his wife. TAX PARCEL NO. 46-09-0521-017 Seized and sold as the property of Lee E. Vanasdalen a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen a/k/a Sara E. Vanasdlen under Judgment No. 1999-4377. 4 ? ? ?? F I: IhIGATE OF MAILING MAY BE USED SED FOR DOMESTIC AND D I N9-----; Affix lee here in stamps or met ' ,.}lAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER er postage and post mark. Inquire of R°w"°From : LINTON, DISTASIO ADAMS Postmaster for current fees. F z , & KAUFFMAN, P. C. B A „ a., g E =p P.O. BOX 461 3 aare? w'm Eg Ona pace of ordinary mat after,, E to '. E _ G 3 08 gtl'p-6, Ni v-vA u g Q 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix lee hero in s lips U O < CL ? MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT or meter postage and W i Q Z O PROVIDE FOR INSURANCE-POSTMASTER post mark. Inquire of Q O - Q ;: h ' Rsceiued From- LINTON, DISTASIO, ADAMS Postmaster for current fees. Q < X IJ w I-- U. m L ?U„ Q & KAUFFMAN, P.C. o ? f? 1720 MINERAL SPPAWQ RQAD O r r _ __ Z? a U Z$ L P.O.BOX461 PI, Q? ' -? W W z ? One Place of Ordinary mail adkessad lo: r\ Usk J , I 09 J m f& ? Lk b °m> E 4 ?Ea e -?A %-7013 I a fu S. POSTAL SERVICE CERTIFICATE OF MAILING Affix lee here in sta?las - MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT or meter postage and PROVIDE FOR INSURANCE-POSTMASTER post mark. Inquire of " RecaiveEFrom: LINTON DISTASIO ADAMS Postmaster for current fees. &2 z '-- , , & KAUFFMAN, P.C. m 1720 MINERAL SPRING R lA D _ A Q P.O. BOX 461 t 8x j - READIN63 PA i9603 0461 ' ?- my EE II - i ! . One place or ordinary mail addressed lo: < o` I R 0 ' i ` a 101 s ?? j o Z Z z ° _ a < . .S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamp J „ 2 Q MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDEF or meter postage and LL - y _ O ORINSURANCE -POSTMASTER post mark. Inquire of a QZ Q Received From. LINTON, DISTASIO, ADAMS l Postmaster for current ees F•,° '4 < XX & KAUFFMAN, P.C. . < Q a U zw t,_ m ¢ u 1720 MIhF.°..°1 SPRING ROAD _ m U '+ o BOX 6 P O ¢ az 4 1 . . _ o? z? ' PA 196934461-- V ¢a 0.0 Q s !- Ui Z W CNI' Pace Of ardnerY mail addressed la: n W U -r ¢ Z D CW Our) p W p J YV O N r 1 O¢ E a m 0 o d b ?' 1 I dT \''. oWO a: gg o m> g E 0+3 ?fn L PS Form 3817, Mar. 1989 a U S. ROSiAL!SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC ANO INK^?L MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Raealrod Rom: LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. P. O. BOX 461 One place of ordinary nulla need to: 0 O? ?K m i' ¢ O Ge" r(mA ?OVV 3,A I Q cm(G3te- -RA .S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Recakvd From: UNTON, DISTASIO, ADAMS & KAUFFMAN, P.C. 1720 MINERAL SPRING ROAD P.O. BOX 461 READING, PA IWILIJ-1.141 One place at ordinary mall addressed to: ??1J ale .? ?, 'ti z o"1 ll aY li rx i I'l l CL 4t;n I njz? ?Clb b LIS . POSTAL SERVICE CERTIFICATE OF MAILING MAT BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE - POSTMASTER ReceNed From: UNTON, DISTASIO, ADAMS & KAUFFMAN, P.C. P.O. BOX 461 READIN One place of o-rdi?nary mall eddreased ro: / U?- Y < 41P?F I?Y1t1S?rl? w j¢ e2 n N ?d uuver aLLW I V38 U.. POSTAL SERVICE CERTIFICATE OF MAILING M Y BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOER NOT P IDE FOR INSURANCE-POSTMASTER ReceMad From: UNTON, DISTASIO, ADAMS & KAUFFMAN, P.C. X700 MIN ALePRfN P.O. BOX 461 -kr 1161 One piece of ordinary mall addieesed h: n >? l Pla I V Vlct I3 /°v3d Affix lee here in stamps o. '-male. postage and post mark. Inquire of Postmaster for current tees. Affix fee here in sla s or meter postage e post mark. Inquire of Postmaster for current fees. Affix. tee here in jamps or mete/ postag and post mark. Inquire of Postmaster for current fees Affix fee here in stamils or meter postage and post mark. Inquire of Postmaster for current fees. fro rvun ae, r, mar. roa7 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST UNION NATIONAL BANK, Plaintiff V. LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants Writ No. 99-4377 Amount 222,864.54 Interest: $.17,404,64 Costs: Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MONEY JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Issue Writ of Execution in the above-captioned case. DATE:3 aGM Signature: A R. Dis sio, Esq. 1720 Mineral Spring Road P.O. Box 461 Reading, PA 19603 Attorney for Plaintiff (610)374-7320 ID# 46890 WRIT OF EXECUTION - MONEY JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary By: Deputy No. 1999-4377 Judgment: $222,864.54 Anthony R. Distasio, Esquire ALL THAT CERTAIN tract of land situated in Mt. Rock, Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone; thence by land formerly of Sara Danner, now of Oren Kitzmiller, South 31 degrees East 7.1 perches to a post; thence by land now or formerly of Floyd Bitner, South 85 degrees West 7.5 perches to an apple tree (blown down); thence by land formerly of Levi Mailor, now of Leib Myers, South 76 1/4 degrees West 20.3 perches to a post; thence by land formerly of John Seitz now of Earl Tritt, North 14 degrees West 8.7 perches to a post; thence 6y land formerly of Levi Mailer, now of Earl Tritt, North 82 3/4 degrees East 25.5 perches to the Place of BEGINNING. CONTAINING one (1) acre and 70 perches, and having thereon erected a two story brick house and outbuildings. LESS, HOWEVER, a piece of land 16 feet in width along the West side of the above tract; containing 8.6 perches as the same is fully described in deed from Caroline McKeehan to Abram Etter, dated June 13, 1916 and recorded in Deed Book "L", Volume 8, Page 447. BEING the same premises which Ira E. Mell and Mabel M. Mell, his wife, by their deed dated March 8, 1985, and recorded on March 8, 1985 in Book 31, Page 436 in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, granted and conveyed unto Lee E. Vanasdlen and Sara E. Vanasdlen, his wife. TAX PARCEL NO. 46-09-0521-017 Seized and sold as the property of Lee E. Vanasdalen a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen a/k/a Sara E. Vanasdlen under Judgment No. 1999-4377. 'J 9 fd ?v 4o- a-- 4 9 0 ? O U S? ?S 0 FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW No. 1999-4377 CERTIFICATE OF ADDRESS I, Anthony R. Distasio, Esquire, hereby certify that the following are the true and correct addresses for all parties involved in the above-captioned action to the best of my knowledge and belief: Anthony R. Distasio, Esquire 1720 Mineral Spring Road P.O. Box 461 Reading, PA 19603-0461 Counsel for Plaintiff Lee E. Vanasdaien a/k/a Lee E. Vanasdlen Sara E. Vanasdalen a/k/a Sara E. Vanasdlen 16 Hill Road Carlisle PA 17013 Defendants 9 rQ.;?? .•\ r/ Linton, Distasio, Adams & Kauffman, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW No. 1999-4377 vs LEE E. VANASDALEN a/k/a LEE E VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants AFFIDAVIT PURSUANT TO RULE 3129 First Union National Bank, successor by merger to CoreStates Bank, N.A., successor by merger to Meridian Bank, Plaintiff in the above-captioned action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning real property located at 11 Hill Road, West Pennsboro Township, Cumberland County, Pennsylvania: 1. Name and address of owner or reputed owner: NAME: ADDRESS: Lee E. Vanasdlen Sara E. Vanasdlen 16 Hill Road Carlisle, PA 17013 16 Hill Road Carlisle, PA 17013 2. Name and address of defendants in the judgment: NAME: ADDRESS: Lee E. Vanasdlen Sara E. Vanasdlen 16 Hill Road Carlisle, PA 17013 16 Hill Road Carlisle, PA 17013 3. 4. 5. 6 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME: First Union National Bank ADDRESS: c/o John Nalesnik 645 Hamilton Street Allentown PA 18101 Raymond E. Diehl Genevieve Diehl Elizabeth J. Baker Phyllis L. Marks C. Edward Owens George K. Owens c/o Michael J. Hanft Esquire 30 E. High Street Carlisle PA 17013 c/o William A. Addams, Esquire 28 S. Pitt Street Carlisle PA 17013 Name and address of the last recorded holder of every mortgage of record: NAME: Carlisle Building and Loan Association Farmers Trust Company ADDRESS: 1 -1 lxle?i uic?h 3k(ee9 Ccsr(G:le. Pry 1-io13 One West High Street Carlisle PA 17013 Keystone Financial Bank, N.A. c/o Mark Munster One South Centre Street P.O. box 1384 Pottsville PA 17901 Name and address of every other person who has any record lien on the property: NAME: None ADDRESS: Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None 2 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME: Tax Claim Bureau Township of West Pennsboro Tenant(s) I verify that the statements made in this stat ments herein are made subject to information the pen relating to unsworn falsification to authorities Dated: ' Anthon ADDRESS: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Tax Administration/ Water/Sewer Authority Carlisle, PA 17013 it Hill Road Carlisle PA 17013 3vit are true and correct to the best I unders nd that false of 18 P C.S. Section 4904 Attorney for I!f :V L?• f.? l ( t I L c? U r Linton, Distaslo, Adams & Kauffman, P.C. By: Anthony R. Distaslo, Esquire Attorney ID* 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610 374-7320 FIRST UNION NATIONAL BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION -LAW : No. 1999-4377 vs LEE E. VANASDALEN a/k/a LEE VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: LEE E. VANASDALEN a/k/a LEE E. VANASDLEN SARA E. VANASDALEN a/k/a SARA E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 7, 2000 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD IS set forth in detail in a legal description mainly consisting of a statement of the measured boundaries of the property together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED). The LOCATION of your property to be sold is: 11 Hill Road West Pennsboro Township r The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 1999-4377 The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property are: LEE E. VANASDALEN a/k/a LEE E. VANASDLEN SARA E. VANASDALEN a/k/a SARA E. VANASDLEN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution can be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND DATE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise you rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered the judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a s date is desire such date must be obtained rom the Admin st atorr''scOffl et- Ci it Division, fthe within County Courthouse f before a Court presentation of the petition to the Court. A copy of the Writ of Execution is attach d hereto. LINTON, DISTASIO, AD S & KALIFF AN, P.C. Dated: 7??J By: nthony R. istasio, Esquin Attorney ID# 46890 1720 Mineral Spring Road P.O. Box 461 Reading, PA 19603-0461 (610)374-7320 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 HELP. Court Administrator 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle Pennsylvania 17013 Telephone 717-240-6200 r? ?. i:. No. 1999-4377 Judgment: $222,864.54 Anthony R. Distasio, Esquire ALL THAT CERTAIN tract of land situated in Mt. Rock, Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a stone; thence by land formerly of Sara Danner, now of Oren Kitzmiller, South 31 degrees East 7.1 perches to a post; thence by land now or formerly of Floyd Bitner, South 85 degrees West 7.5 perches to an apple tree (blown down); thence by land formerly of Levi Mailor, now of Leib Myers, South 76 1/4 degrees West 20.3 perches to a post; thence by land formerly of John Seitz, now of Earl Tritt, North 14 degrees West 8.7 perches to a post; thence by land formerly of Levi Mailer, now of Earl Tritt, North 82 3/4 degrees East 25.5 perches to the Place of BEGINNING. CONTAINING one (1) acre and 70 perches, and having thereon erected a two story brick house and outbuildings. LESS, HOWEVER, a piece of land 16 feet in width along the West side of the above tract; containing 8.6 perches as the same is fully described in deed from Caroline McKeehan to Abram Etter, dated June 13, 1916 and recorded in Deed Book "L", Volume 8, Page 447. BEING the same premises which Ira E. Mell and Mabel M. Mell, his wife, by their deed dated March 8, 1985, and recorded on March 8, 1985 in Book 31., Page 436 in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, granted and conveyed unto Lee E. Vanasdlen and Sara E. Vanasdlen, his wife. TAX PARCEL NO. 46-09-0521-017 Seized and sold as the property of Lee E. Vanasdaien a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen a/k/a Sara E. Vanasdlen under Judgment No. 1999-4377. r- Ir Cv t ,V (:9r LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No. 99-4377 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against the Defendants for failure to file an answer or other responsive pleading to Plaintiff's Complaint in the above-captioned action in the amount of Two Hundred Twenty-Two Thousand Eighty Hundred Sixty-Four Dollars and Fifty-Four Cents ($222,864.54) together with interest continuing from July 2, 1999 at the per diem rate of $51.04 and costs of suit. I hereby certify that Notice of Intent to Enter Default Defendants on August 19, 1999 copies of which are attached Dated: 8/31/99 LINTON, DISTASIO, rS & By: Ant,ho y R. Di Attorneys for was sent to the as Exhibit "A". P.C. Hsio, Esquire laintiff FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVII, ACTION - LAW No. 99-4377 AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940. BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared Anthony R. Distasio, Esquire, who being duly sworn according to law, doth depose and say that L. LEE E. VANASDALEN a/k/a LEE E VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, Defendants are not in the Military or Naval Service, based on the following facts: Age of the Defendant; Present place of employment; Present place of residence; 16 Hill Road, Carlish ADDITIONAL FACTS, if any, Sworn to and subscribed before me this 84K day of5g?99. ?s.?J•?,? ? tc? Notary Public Nctaaal Seal Susan J. Donahue. Notary public Reading. Be. ois county My commissar EL xpites Nov. 13. 2000 LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IDA 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW No. 99-4377 vs LEE E. VANASDALEN a/k/a LEE E VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT To: SARA E. VANASDALEN a/k/a Date of Notice: AUGUST 19, 1999 SARA E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE. 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER pacarvae Fri' LINTON, DISTASIO, ADAMS dt KAUFFMAN, P.C. 1720 MINERAL 5PHINO ROAD to P0. BOX 461 READING, PA 19603.0481 One place of ordnery mail aedrossee to'. ?p Q C3 Y1CQ LP .Iru?d s - GvrUz,tt Pry not3 Affix lee here in stamps or melar postage and Post mark. Inquire of UrthOUSe Postmaster for current fees. n/ ;\ (1 n D istasio, Esquire /n / laintiff ?i PS Form 3817, Mar. 1989 LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IDq 46890 1720 Mineral Spring Road, Reading, PA 19603-0461 (610) 374-7320 Attorney for Plaintiff P.O. Box 461 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW No. 99-4377 FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT To: SARA E. VANASDALEN a/k/a SARA E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 Date of Notice: AUGUST 19, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE,. 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle Pennsylvania 1701 Telephone 717-240-6200 I? R. Distasio, for Plaintiff cc: John H. Brojous, Esq. LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney ID# 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No. 99-4377 NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT To: LEE E. VANASDALEN a/k/a LEE E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 Date of Notice: AUGUST 19, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE. 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Recehed From LINTON, DISTASIO, ADAMS 8 KAUFFMAN, P.C. p_?f P.O. BOX 461 r?T88n3?i6 ? J?y?o One place of ounnary mailaddressed to ?, t 4Icy N i u ?ooh -- -- GISU;?J ' Pii 1701.3.- Affix tee here in stamps 'or meter postage and ,uMhouse post mark. Inquire of Postmaster for current fees. i rql %? F I ' G> h J tistasi squire 'laintiff n PS Form 3817, Mar. 1989 -, LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IDX 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW No. 99-4377 vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT To: LEE E. VANASDALEN a/k/a Date of Notice: AUGUST 19, 1999 LEE E. VANASDLEN 16 HILL ROAD CARLISLE PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION EQUIRED OF YOU IN THIS CASE. 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle Pennsylvania 17013 Telephone 717-240-6200 n 1 A ony R. Distasi , squire Attorney for Plaintiff cc: John H. Brojous, Esq. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA 17013 TO: LEE E. VANASDLEN a/k/a LEE E. VANASDALEN SARA E. VANASDLEN a/k/a SARA E. VANASDALEN 16 HILL ROAD CARLISLE PA 17013 DATE: RE: FIRST UNION NATIONAL BANK, Plaintiff V. LEE E. VANASDLEN et al Defendants NO. 99-4377 You are hereby notified in accordance with the Pennsylvania Supreme Court Rule #236 and #1519(c) that Judgment has been entered on a ( ) Final Order * ( ) Decree Nisi * ( ) Verdict * ( ) Viewers Report (XXX) Default ( ) Assessment of Damages ( ) Arbitration Award ( ) Confession of Judgment Complaint ( ) Stipulation For Entry of Judgment and entered to No. 99-4377 against LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, Defendants, concerning Civil Suit No.99-4377 on 1999 in the amount of Two Hundred Twenty-Two Thousand Eighty Hundred Sixty-Four Dollars and Fifty-Four Cents ($222,864.54) together with interest continuing from July 2, 1999 at the per diem rate of $51.04 and costs of suit. ** And that a Certificate has been filed indicating that each of the parties have been notified of the intention to file said judgment, by the Attorney for the Plaintiff(s) Defendant(s). Curt Long, Prothonotary By: Deputy Prothonotary r ac ?J SHERIFF'S RETURN - REGULAR CASE NO: 1999-04377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. VANASDALEN LEE E ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon VANASDALEN LEE E A/K/A VANASDLEN LEE E the defendant, at _ 13:20 HOURS, on the 29th day of July 1999 at 16 HILL ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to LEE VANASDALEN _ a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 4.96 Affidavit Q? Surcharge 8.00 II?? - oma3'J -, tr b07?29/]999STASIO, ADAMS by pu eri Sworn and subscribed to before me this aqLE' day of -J4 19 4?c A.D. SHERIFF'S RETURN - REGULAR CASE NO: 1999-04377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK _ VS. VANASDALEN LEE E ET AL KATHY CLARKE Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon _VANASDALEN SARA E A/K/A VANASDLEN SARA E the defendant, at 13:20 HOURS, on the 29th day of July 1999 at 16 HILL ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to SARA VANASDALEN a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer Docketing 6.00 00, Service .00 Affidavit .00 Surcharge 8.00 om s Kline, ri SZ4.uCTLIP]TOI , DISTASIO, ADAMS 07/29/1999 by u?y/ Sworn and subscribed to before me this /JO x' day of 19 A.D. ro 0 o ax LINTON, DISTASIO, ADAMS & KAUFFMAN, P.C. By: Anthony R. Distasio, Esquire Attorney IDA 46890 Attorney for Plaintiff 1720 Mineral Spring Road, P.O. Box 461 Reading, PA 19603-0461 (610) 374-7320 FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW No. vs oQ y3 ??.( LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims 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 HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle PA 17013 Telephone: 717-249-3166 FIRST UNION NATIONAL BANK, Plaintiff vs LEE E. VANASDALEN a/k/a LEE E. VANASDLEN and SARA E. VANASDALEN a/k/a SARA E. VANASDLEN, jointly and severally, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW No. 99- y397' OA;J jam,.-. COMPLAINT The amount in controversy in this action exceeds $50,000.00. 2. Plaintiff, First Union National Bank, successor by merger to CoreStates Bank, N.A., successor by merger to Meridian Bank, is a national bank with an office at 645 Hamilton Street, Allentown, Lehigh County, Pennsylvania, 18901. 3. Defendants, Lee E. Vanasdalen a/k/a Lee E. Vanasdlen and Sara E. Vanasdalen a/k/a Sara E. Vanasdlen, are adult individuals whose last known address is 16 Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. On September 15, 1992, the Defendants made, executed and delivered to Meridian Bank a Promissory Note (the "Note") in the original principal amount of One Hundred Seventy-Five Thousand Dollars ($175,000.00). A true and correct copy of the Note is attached hereto as Exhibit "A". 5. CoreStates Bank, N.A. is a successor by merger to Meridian Bank. 6. First Union National Bank is a successor by merger to CoreStates Bank, N.A. 7. Said Note has not been assigned. 8. The provisions of Plaintiff has complied with the provisions of Section 403 of Act No. 6 of 1974, 41 P.S.§403 do not apply as the original amount of the loan is in excess of Fifty Thousand Dollars ($50,000.00). 9. The provisions of Section 2 of Act 91 of 1983, 35 P.S. §1680.403c do not apply as the Defendants no longer own any property subject to the loan which is their principal residence. Said residence having been sold at Sheriff sale on June 9, 1999. 10. Said Note is in default because the required monthly installments of installments of principal and interest are due and have not been paid. 11. After demand by Plaintiff, Defendants have failed to pay said installments of principal and interest. 12. As per terms of the Note, upon default and failure to cure such default after notice, the whole of the principal, interest and late charges due thereunder are collectible forthwith. 13. The following amounts are due on said Note: Principal Balance $175,000.00 Interest as of 7/1/99 with a continuing per diem interest rate of $51.04 as per terms of the Contract 37,251.94 Attorney fees of 5 % 10.612.60 TOTAL $222,864.54 2 WHEREFORE, Plaintiff, First Union National Bank, demands judgment against the Defendants, jointly and severally, in the amount of Two Hundred Twenty-Two Thousand Eighty Hundred Sixty-Four Dollars and Fifty-Four Cents ($222,864.54) together with interest continuing from July 2, 1999 at the per diem rate of $51.04 and costs of suit. LINTON, DISTASIO, ADAMS & I?AUFFMAN, P.C. gy; V Antl on R. Distasi , Esquire Attorney For Plaintiff 3 J 4-io.00 na .?s'at mho 193 FOR VALUE RECEIVED, the Undersigned. menang to be legally bouna, promises :d day to the order of Menaian Sank. the 'Bank', at its 3S North Sixth Street Mice in Reading. Pennsylvania. the pnncpal sum at One HUnflreri Seventy-live Theesand Ddl 1 a a A ii no/100------ - -------- - ------°----------------------- Dollars payable under alternative . with interest (mfrCoomili t(accruing) at the rate of Meridian Bank's Nat 4 ene7 Commercial Rat_ 91 us 25 per annum until paid. Interest may be computed on the basis of he actual number at days in the calendar year atvrded by 360. If the interest rate set forth above is referenced td either me Sank s National Cammeroal Rate, Local Commercial Rate or Agricultural Commercial Rate. the Undersigned and each Obligor acknowledge and agree that . i) such referenced rate is a floating annual rate of interest teal s designated from time to time by the Bank as the 'National Commercial Rate. 'Local Commercial Rate' of 'Agricultural Commercial Rate.' as the case may be. and an used by the Bank as a reference base with respect t0 different interest lanes charged to borrowers: (ii(:he rate of interest navaple hereunder shall change simultaneously and autemaill upon the Sank a peslgnatlon of any change n such referenced rate: and (iii( the Bank's determination and designation from time :a time tithe referenced rate snail not .n any way drec:uae'he Bdnk'rcm making loans to Omer oonowers at a rate wMi l q tighter or lower than or different from the referenced rate. 19 1. (Single Pnncipaf Payment Loam Interest on :he unaala pnnctdaf s due and payacle 19 _. The 'wl sum of :rte unpaid whir al and merest is due and payable on beginning 2. (Discounted rime Near The full sum is due and payable in days on 19_ 3. (Demand Loan or Creait Availability) Interest an the unpaid pnncoal s cue and payable month • T beginning October 1, • 19 92-. The `till sum of the unpaid prmc:oai and merest is due and payable an demand. a• (Installment Lcanl Principal and interest are due and payable in consecutive installments; of g eacn. beginning 19 -. One final payment of any remaining unpaid principal and interest is due and payacle on 10 _. S. (Principal Plus interest Lanni interest on :he unpaid pnnc:cal s cue and carracle beginning 19 -. together with consecutive - pnnc:pal installments of S eal beginning together with any remaining princ:pal and interest is due and payacle an 19 -. One final payment of S 19-. *The maximum interest rate wi11 not exceed 21rs. COLLATERAL AND LIABILITIES All Collateral (as defines) is secunry rot ary arc at[ Laol las denneci aria :ne Urcers:gre^_ arc teen Col:gar ras cefinedl grant a sec_'nly Internet in as Collateral no the Bank. The term 'Liaeilites' ioCiUCes me lia ixtry evidenced py mIS Note lino:: any past, present. V ill advances at reacyances. suesttuilons. extern ans. renewals. interest. !ate charges. penalties and fees at any arc as tycesi arc air Omer -lee ties purs:anclrg m :he Ban. -rem ire Undersigned or any Call twech term small include :he Undersigned and all persons Otr:erw:se bdble 'of :rte payment of this Vote. or any •emewels, extensions or mcci icacons :hereon, wnemer primary. secondary. tin cer ar contingent. joint. several or meeOencert, now or ilereaner existing. Cue of to became al !0. of rem at :o :e rem by. !rte Bank lot is own account or as agent 'or anomerr Or others, whether created directly or dcpuirea by dssignrent or othemill The surrender Of this Vale small not attract me right of the Bank to redo ale Collateral Pot such Omer Uataiihes. The term 'Cailaterar :nc'ual wnroul lmAauon by -ease, at spec:ficapbn. ail !argm'e are mangicle :rccehy of every des rtenan. (Including an additional. substltunons Anil all procatael as set form an any separately executed document evidencing a security or orrer i0ofest m favor dials Bank. or how or mereater in me possessic n or cstedy of or in transit to the Bank for any purpose. nclucng sallikeeo:ng• cmlBCpon.;!edge.'Or account of the Undersigned. Or as to which any of me Undersigned may have any right or power. and will also include any praoeny ken accutred at any time by :he entry at any;ucgment renumber. or the renewal of serd;uagment. The balance of every account of any Undersigned with. and each c!aim of any Undersigned against. me Sank ex¢ing rcr time a time is Subled o a ben and Sec_rity interest in favor of the Bank as security for any and all Liabilities and a suclect to set on against any and all Liabilities. aria one Banco may at any time Orion, time to line. at m Opoan and wnthout Mb". abcropnale and apply Inward me payment of any sub, Liabilities in such order as one Bank determines in its discretion me balance of each such account with. and each claim against. the Bank. The Bank is deemed to have exerese: Sunni right of set oil aria :o nave mace a charge against any such account immediately upon the acanence at a default even though such charge is mace or entered on the books suosebuell try me Bank The Bank :last. Out Is not amted 10. the ngnt at any line and tram nine be time. without nonce to: (at pjadge. assign or transfer !m5 Note at the Collateral or any ocr:cn :rereof tai aarsfer m10 is own name of mat of is nominee all or any pan at me Collateral: (c) exelase voting tights an any Collateral. !ci ncuty any Obligor on any Callaterah io are :a,ornent directly !a the Bank of any amounts due Hereon: and (e) take control of the proceeds cl any Collateral. INCORPORATION OF SECURITY DOCUMENTS This role shall be Subject to an terms and conditions at. and one 'holder III snail tie entnted to an rights. rememe3 and benefits of, any mortgage or amen sa my document now or previously executed by any of the Undersigned and delivered :d :he earl cerreawn with the creation of any of the L:aCmIIQs, and such mortgage or Othe Sectrty document is Incorporated by reference 'n iris rate. Said mortgage or other security CcGment small Secure payment of all late charges and other Sums due under min Nate. in addition to pmnocal and 'nteresi. To the extent tie,nea by 'a.. !his 'Ole may 'at tie c apam except as agreed :a in wrung by ere Bank DEFAULT The occurrence of any one or more of Me 'allowing small ednstaule a Celawt toy !rte Undersigned' tai neN-daymem at any Ot he L:aOill or any conwn thereof, when and in the manner due. wheintlr by acceleration or dtnerwise :or :allure by -me Undersigned: r any inner Cbligaf :O deserve or perform any covenant. agreement. condmon of term of any agreement. document, mortgage or other security document executed ey :he Undersigned of any Omer Chill and delivered to :he Bank in connection with any of me Laonilles; lot breach by any at the Undersigned or any diner Cbllgor of any acogauon or d.Iy;o!me Bank, let any representation or warranty -m any finarmi l Or ome etateM"t. schedule, cal le Or other document of any Undersigned or any Omer Coll ce':veeo to :me Sank ey or an not 31 me Undersigned Or any other Cbllgor shall prove :b be raise. misleading or mcomplete in any material resCe^_:. tel a material adverse grange of n rhe'inantral anGUon of the Urders:gred art any Omer Congo, WHIM :s undccaolable to the Bank m us able discretion'inm the c:nc.llen most recently ,scesea !b :he Bark n any manner'. in :me Undersigned or any Amer Cbllgor dies (g) a trustee or 'ecel is acco:ntad'a,'Me Undersigned :I any Omer Ct lgor or 'Or 311 Or a subsramial an cf as art !rely property Is any involuntary orcceedmg. or any court mils taken juts=.ion Of all or any suastaMal par, or Ine properly at 're Uneerisgnec or Omer Cokger n any rvewmarf dwceeuinu. it Inv.vriuenigrieu or a. . Ollie CaogJ "43 a.autddn lit answer not eery:ng:uris icoon in Oarkrup'c/ Or '.near any similar law slate dr real rcw n rereaher eusol Jr aocn . oeubdn a':a': against !ra de9:y're . or arc other Obligor it rme Undersigned at chat Cw.gbr :eccmes nsOlvoni. lowscever evidenced. W Takes an ass:gnmert'or, the benefit of pecitOlS art 30inl1e 'n wmi is of ire,, reolvendy at 'fal ly Or failure 10 pay Is it Yea :eels generally as hey become due. _r 'ails within is days 'o pay or pone at emerwae aiscnarge any uagment ar atacnment wn o is unstayec on appeal !hi the Undervgred at any Omer ratigbl expresses an ribi :b terminate if revoke responslbilirr'd: any of the L:ar:-l . art defaurs under any ether more. agreement. ease ncei mortgage or derogation adWrep :ursuanl :mere'0. or a uCgme r is entered against me Undersigned of any other Obligor ?vieenc!ng either singly or in the aggregate a material aligaucn, :he edect of wr'Cn 3C.Oirt ales art entities :me holder bell to accelerate any maturity thereol lit ruWls rn me 'Oreuuiw 1, :nn Jnees.yne•: or amr ,user Coogan at is Tights lli am i.e., _a;. ..yree,-ril Sae, naainur+J; .,-..:..yeye %, ulil ;:.....•n. A. _: 4r.. CL igor incomes :re 5uolnc: or any anacrmel,l. iarmenl evy v'inn iii emlass:: per- red 'u wrmng >iyneu ur fits 9anki ip mw x.Jntai pen ..l :ha pZJaans Jt rre iUrgorsigned at any other CCi:GCf s :akeh Or Ocrce,,ed or any guvemmental a,irce v ko:rc Uncers.greo art any Other Call ass.g,s :r anerwise IolnsYrs. or adempts 'O ISJI pr.'ransm, any 9 is '191" 'i lie and nle'ell n Inv :I :h9 ']atlaltlrdi .,:rout 'tie pr ?r .? wen :aMlenl :1 Me Sall, n 're -'nCengned or any liner ObtgCr'em:a Llmir "marelp. Of :trer normal on as *ie Ear- may?naolv'el.est Ina 11 MR San. -4 'Resalable are 1co,>Jndh axp,t:le of is ]ale discretion clams Sal of -no .T..'aterll npecufe her any'eascn .vnaeacyN TMe ';raders,gled are all 1:1011 rS 'eeedy wawa amlm9rd tar payment. notice of Somali. notice of MonpaYL Or dlsnonor, pMele31. nonce of prateSl. and all OlMff pCnnet!I'M will :he delwerr. a[peclarce. performance. default ]I enforcement it payment it me Nate. and Merely naive an nonce or Might at approval at any in matters frlenACn3. ismewdts, modifications of'clacearanoe] wM cM may be allowed Jan. me lCulro,ce at any Cefauir.'ne Principal of arC'.n18rG11 accrued on :N1 Veta and any and all Omer 'u:aCOd163 Iogelmer'ei'M Costs Or codeCMcin redoing lltomeya fees :I 51, at the unpaid p1mc4al. are mmedlat8ly due and pdydgle. as I :me sane wad in The Ftst instance dean payable It suCrt9me. Wtimout:equmrg any recourse against any other person or prcoeny'able for or securing :Mils Note or any Omer Liabitms. and me Bank may fa] uenc:6f IS ngrus at 161 Off as let'cmn ll hold AS Security any COII3IBI31 in WNde Ina Bank nas any interest until the Bane is pale in full ' ICI :age possession of any collateral and sell all of anv pan 4pcn exchange it at any oubtc al private sale at !Pe dollon of ale Ear% at any !Rine of times without advertisement or dentinal upon of Morris to Me UndrLgned or any Cerger al at wnrom are lreov *,crossly waned orbital such notes as a'eQuirbo Coy Acpncaole statute and cannot be waived. with me right an Mf pen clime Sena Or Is Mainlines 10 becCrne'ne puvcbam, at any sale wills olor C ed by Statute) !fee 'rcm any eWlty of redemption and horn all other claims. and after dmuaing all legal and armor expenses 'or maintaining of Selling 'me Collateral ana an Aaamevs 'eel. legs or other expenses'cr ,allecmen. sale and delivery 'a apply Ina ruauf al Me prmeeas of ale sale at 13145 to Day Sol hold as a hisoNe againstl this Nate and all other L:aCiiimef and to) apply any funds received one, man Waugh aisposleon of Cadalefal under Couff lot nereol. 9 SYCM OnCer are amounts as me Bank in,ts sale discretion Shall determine. 'a ale oaymeril of the unoald principal balance of. an accrued Ransil on. ana any pasta mCUrred'Tme Cd1leobCm of any turn due under. this Note. •aclucing out not limilec'o ancmeys fees: and (el eaerc'so any and ail renteNes which the Bank may them paws!, under its Uniform CommeIC31 Coca Sr any Other applicable taw. regulation or Cphlroltng legal auhonly All rights it refnlGal at !no San. Set'cre, or otherwise existing are cumulative Na de'av V 'allure by !tie Bank nerem, in exeresing any of Is cotions. powers of ngnts or a normal Of single erem:ff Constitutes a Waver of ale ngml :e exercise Ina same 'or any other'•gnl at any Omer time at 'rem :Ime to ,Me hereafter. The Bank n Met required to rswrt :o any ponlCJlar Sfcurity or persons !a enforce payment. and the Bane 5,101 subleC.'O any manr ailing recuitermainl3 Or 6cu ttes among !Me Undersigned. •1 more Man inf. and amarg t ar'rem and any Cliigcrs. MISCELLANEOUS Any person ono executes MIS Note 23 Surety lereey unccrainonady Ceccmas Surety !a'ne Bangor MR VI and oferrol pavmem when due. wmether by acceleration or omenase. and at all Imes thereafter. Of LI :tie LapifNes. The invalidity of any Italian of this Vote does nor affect Me fernaming pemons. or any pan :Mefect. and in ins LSSa at any such invalidity, :MIS Note 'S pcr stNea as a such portion nas not been nseneo. The Urdetitgned. I more 'wan one. are amity and Severally liable ana Ms term "Uneenlgnad" wmenWel tiled means each Of Me Undersigned. All of the terms are provisions nure'a and are binding union Me Mein. foraminifers. administration. Successors. teCresfntatlvee. rKelvers, trustees and assigns it !Me parties. f any as me uldllllles al any normal :hereof owing to the Bank i3 ,of paid null when due. Ime Bank Mas he right. at its option ana without notice. !O withdraw from any amount of ins Undersigned with the Bank an amount equal to such overdue amount and :o ability sucn amount to the payment of Me Glorious, Llabrilles. All towns. ootigaticne aid provisions are governed by and Construed in accordance win Me laws of the Commonwealth of Pennsylvania. IN WITNESS'NHERECF. the parbef. •ntenal to be legally bound Merely. have Ratiouted Mu Note Me day and year first above written. SURE-Y: L.S. Witness SCRRCWER 7Lee E. VVarasd_en aA?'ec_ Co t' ? LS. Sara E. Vanasc en 2 Witness Barr L. Luckenbaugh VERIFICATION I, John Nalesnik, hereby verify that I am the Vice President of Special Assets of First Union National Bank, that I am authorized to make this verification on its behalf and that the facts set forth in the within Instrument are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. J N NALES IK, V.P. 13 °lol Dated: -7- G-9 ? `? fiil ? V G U Ci QV)\ ? I