HomeMy WebLinkAbout07-4178LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
c/o POPULAR MORTGAGE SERVICING, INC.
121 Woodcrest Road
Cherry Hill, NJ 08003
Plaintiff,
v.
EARL K. LESNIAK
17 George Circle
Mechanicsburg, PA 17055
Defendant.
NOTICE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
~~~ ~~
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 this court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment
may be entered against you by the court without further notice for any money claimed in
the Complaint or for any other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
AVISO PARA DEFENDER
LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte
(20) digs despues que esta Demanda y Aviso es servido, con entrando por escrito una
aparencia personalmente o por un abogado y archivando por escrito con la Corte sus
defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido
que si falls de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser
entrado contra usted por la Corte sin mss aviso por cualquier dinero reclamado en la
Demands o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede
perder dinero o propiedad o otros derechos importante pars usted.
LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI LISTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA
FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION
DE COMO CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
i°~OTICE
The ai;"iC~Unt C:? ~ Ol?r d@bt 1S a5 St,itCi 17 file a~tacued docuc,°~t. .i]C 1"ia:ile n?lei addi eSS Uf
the creditor to whom tlce de~tss owed is as r;amed in the ~ tta~.bed docur;,cict This is an
attempt by a debt collector to collect a debt. rlny information obtained wiil be used for that
purpose. Uclless you notify this af;ice within thirty (30) days after receiving this notice that
you dispute the validity of the debt or acct' portion thereof, this office will assume that this
debt is valid. If you notify this office in writing withi^ thirty (30) days from receiving this
notice that the debt, or any portion thereof, is disputed, this office will obtain verification of
the debt acid mail you a copy of Stich verification. Collection agencies are regulated by a
federal la~v which grants you certain rights. One of these is the right to have us cease
comcnccnication with you about this debt. If you ask us in writing to cease, we will. 'T'his
la~~r is administered by tae Federal Trade Commissicn, Division of Credit Practices,
tiVashington, D.C. 20580. Tf you request this office in writing within thirty (30) days after
receiving this notice, this office will provide you tivith the name and address of the original
creditor, if different from the current creditor.
Peter Meltzer, Esquire
1600 Locust St.
Philadelphia, PA 19203
215-545-3300
.------__._.~__.._.______~_.__.___.._.._r .~._.._._.__~___._.__.~__._W_._._..________.._..~~~._.. _.__ ,~
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK, AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE :
PASS-THROUGH CERTIFICATE SERIES 2004-5
c/o POPULAR MORTGAGE SERVICING, INC.
121 Woodcrest Road
Cherry Hill, NJ 08003
Plaintiff,
v.
EARL K. LESNIAK
17 George Circle
Mechanicsburg, PA 17055
Defendant.
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS~,_,
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the plaintiff, The Bank of New York, as Trustee for Equity One, Inc.
Mortgage Pass-Through Certificate Series 2006-A, by and through its attorneys, Law Offices of
Peter E. Meltzer and Associates, P.C., and files this Complaint in Mortgage Foreclosure pursuant
to the Pennsylvania Rules of Civil Procedure and avers the following:
PARTIES
1. Plaintiff, The Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through
Certificate Series 2004-5, a New York banking corporation with an address at 121
Woodcrest Road, Cherry Hill, NJ 08003.
2. Defendant is the individual named above residing at the address given above.
VENUE
3. Venue is proper in Cumberland County under Pa.R.Civ.P. 1142 in that said County is the
county where the cause of action arose and the county where the real property which
secures the loan made by Plaintiff to Defendants is located.
FACTS
4. On or about August 9, 2004, Wilmington Finance, a division of AIG Federal Savings
Bank, with an office located at 401 Plymouth Road, Suite 400, Plymouth Meeting, PA
19462 ("Wilmington Finance") loaned Defendant the principal sum of $155,700.00 with
interest in accordance with the terms and conditions of a certain Promissory Note of even
date executed by Defendant in favor of Wilmington Finance (the "Note").
5. The Note is secured by a Mortgage (the "Mortgage") executed by Defendant in favor of
Wilmington Finance, granting Wilmington Finance a mortgage lien on real estate located
at 17 George Circle, Mechanicsburg, PA 17055 (the "Property"). The Mortgage was
recorded on August 19, 2004 with the Cumberland County Recorder of Deeds at Book
1877 Page 4056.
6. Upon information and belief, the Property consists of a residential dwelling.
7. Defendant is the owner of the Property covered by the Mortgage.
8. Wilmington Finance assigned the Note and Mortgage to Plaintiff herein. The
Assignment was recorded on March 28, 2005 with the Cumberland County Recorder of
Deeds at Book 716 Page 1003.
9. Plaintiff is the holder of the Note and Mortgage and there have been no further
assignments of the Note and Mortgage.
10. As a result of the failure to make payments due under the Note since February 1, 2007
2
and thereafter, the entire unpaid balance of principal indebtedness, together with all
accrued and unpaid interest, and all of Plaintiff s costs as authorized in the Note are
immediately due and payable, comprised as follows:
Principal Balance Due: $145,560.16
Interest Due as of July 5, 2007: $ 5,785.73
Late Charges: $ 384.90
Escrow Advance: $ 1,757.75
Corporate Advance Balance: $ 15.50
Prepayment Penalty: $ 7,200.16
Recording Fee: $ 27 00
Attorney's Fees: $ 7,567.29
Costs of Suit and Title Search: $ 350.00
Total Sum Due $168,648.49
11.
12
Interest accrues on the Note from July 5, 2007, at the per diem rate of $31.11 and there is
a monthly late charge of $64.15.
The attorneys' fees set forth above are in conformity with the mortgage documents and/or
Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged
based on work actually performed.
Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et sec .., and the
Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91,
35 P.S. §1680.401(c) et sec .., have been complied with or are not applicable.
3
WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the
property against Defendant in the amounts and with the per diem interest set forth in paragraph
10 above, together with interest at the rate set forth in the Note from the date of judgment, and
other damages and relief as the court may deem just.
Respectfully submitted,
LAW OFFICES OF PETER E. MELTZER
AND ASSOC TES, P.C.
/ ~ --
Dated: ~ ~LC ~ By.
PETER E. ELTZER, ES IRE
4
VERI.FICATIi3`~
I, Victor F. Parisi, Vice President, am drily a~rthorized to ma,<e this Verification on behalf
of Plaintiff, and do hereby verify that the statements made in the foregoing Complaint are true
and correct to the best of my Ic~iowledbe, information and belief. I further understand that the
statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
.--
Victor F. Parisi
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-04178 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE
VS
LESNIAK EARL K
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
unable to locate Him in his bailiwick.
COMPLAINT - MORT FORE ,
the within named DEFENDANT
17 GEORGE STREET
but was
He therefore returns the
LESNIAK EARL K
NOT FOUND as to
MECHANICSBURG, PA 17055
PER NEIGHBOR, DEFENDANT DIED IN FEBRUARY.
HOUSE SMELLS BADLY AND IS IN DISREPAIR.
Sheriff's Costs : So answers • .---==~'"~~'~'''
Docketing 18.00 .-~`
Service 9.60 ~ -/
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
~~1b~v7 7`'' `~ 42.60 PETER MELTZER
07/19/2007
Sworn and Subscribed to before
me this day of ,
A.D.
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
BANK OF NEW YORK, AS TRUSTEE, ET AL.
Plaintiff,
v.
EARL LESNIAK INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED AND ALL
UNKNOWN HEIRS, SUCCESSORS AND :
ASSIGNS AND ALL PERSONS, FIRMS OR
ASSOCIATIONS CLAIMING RIGHT, TITLE OR
INTEREST FROM OR UNDER EARL LESNIAK,
DECEASED
Defendant.
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.07-4178
PETITION FOR SPECIAL SERVICE OF COMPLAINT
AND NOW, comes the plaintiff, Bank of New York, et al, by and through its attorneys,
Law Offices of Peter E. Meltzer and Associates, P.C., and files this Petition for Special Service
Complaint pursuant to the Pennsylvania Rules of Civil Procedure and avers the following:
1. On or about August 9, 2004, Wilmington Finance loaned Defendant Earl Lesniak the
principal sum of $1 S 5,700.00 with interest in accordance with the terms and conditions of
a certain Note dated the same date executed by Defendant Earl Lesniak in favor of
Wilmington Finance (the "Note").
2. The Note is secured by a Mortgage of even date executed by Earl Lesniak in favor of
Wilmington Finance (the "Mortgage") granting Wilmington Finance a lien on real estate
located at 17 George Circle, Mechanicsburg, PA 17055 (the "Property"). The Mortgage
was recorded with the Cumberland County Recorder of Deeds on August 19, 2004 at
Mortgage Book 1877, page 4056 et. se .
3. Wilmington Finance assigned the Note and Mortgage to Plaintiff herein. The Assignment
was recorded with the Cumberland County Recorder of Deeds on March 28, 2005 at
Mortgage Book 716, page 1003 et. sec ..
4. When Defendant tried to serve the Complaint on Earl Lesniak, the Sheriff advised that he
had died in February, 2007 and that the mortgaged property is vacant. See Exhibit "A"
attached hereto.
5. This was confirmed in a discussion with the Cumberland County Coroner's Office.
6. In addition, through contact with the Cumberland County Register of Wills, Plaintiff has
ascertained that no estate has been raised for Earl Lesniak and no one has been appointed
to act as administrator.
7. Plaintiff has conducted an investigation to determine the whereabouts of Defendants,
namely all known or unknown heirs, successors and assigns and all persons, firms or
associations claiming right, title or interest from or under Earl Lesniak, deceased
8. Plaintiff has determined that Earl Lesniak has at least 2 children (and possibly only 2
children), namely Earl Lesniak, II and Mary Lesniak. Upon information and belief, Earl
Lesniak II is in the military and has moved from his last known address which was in
Sandpiper, Ohio. Upon information and belief, Mary Lesniak has an address at 79 Queen
Avenue, Enola, PA 17035. Plaintiff's counsel has attempted to contact Mary Lesniak via
telephone but without success.
9. Pa.R.Civ.P. 430(a) allows a plaintiff to move the court for a special order directing the
method of service.
2
10. Because Petitioner has established that (a) Earl Lesniak is deceased, (b) no estate has
been raised, (c) no one has been appointed to act as administrator, Petitioner requires the
entry of an Order to allow service of the Complaint by alternate means, including (1)
advertisement in a newspaper of general circulation in Cumberland County, (2) service of
the Complaint by certified mail and first class mail on Mary Lesniak at 79 Queen Avenue,
Enola, PA 17035 and (3) posting at the address of the Mortgaged Property.
WHEREFORE, Plaintiff requests the entry of an Order pursuant to Rule 430(a) which
permits the Plaintiff to serve the Complaint in the manner described in the proposed form of
Order.
Dated: November 6, 2007
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By:
PETER E. MELTZER, ES
3
VERIFICATION
I, Peter E. Meltzer, am duly authorized to make this Verification on behalf of JP Morgan
Chase Bank, et al., and do hereby verify that the statements made in the foregoing Petition for
Special Service are true and correct to the best of my knowledge, information and belief. I
further understand that the statements therein made are subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Peter E. Meltzer
4
SHERIFF'S RETURN - NOT FOUND
`SASE NO: 2007-04178 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE
VS
LESNIAK EARL K
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
LESNIAK EARL K but was
unable to locate Him in his bailiwick. He therefore returns the
r.~~ir,T w T~Tm LRl1TT T/'1TT
the within named DEFENDANT
17 GEORGE STREET
LESNIAK EARL K
NOT FOUND as to
MECHANICSBURG, PA 17055
PER NEIGHBOR, DEFENDANT DIED IN FEBRUARY.
HOUSE SMELLS BADLY AND IS IN DISREPAIR.
Sheriff's Costs: So answers• r,r.~%''~'
Docketing 18.0 0 _ ~ ` ~ .-~"~~~
Service 9.60
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
42.60 PETER MELTZER
07/19/2007
Sworn and Subscribed to before
me this day of ,
A.D.
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BANK OF NEW YORK, AS IN THE COURT OF COMMON PLEAS OF
TRUSTEE, ET AL, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. CIVIL ACTION -LAW
EARL LISNIAK, INDIVIDUALLY
AND ALL KNOWN
SURVINVING HEIRS OF EARL
LESNIAK, DECEASED AND
ALL UNKNOWN HEIRS,
SUCCESSORS AND ASSIGNS
AND ALL PERSONS, FIRMS OR
ASSOCIATIONS CLAIMING
RIGHT, TITLE OR INTEREST
FROM OR UNDER EARL
LESNIAK, DECEASED,
Defendants NO. 07-4178 CIVIL TERM
ORDER OF COURT
AND NOW, this 7`h day of January, 2008, upon consideration of Plaintiff's
Petition for Special Service of Complaint, the petition is granted to the extent that
Plaintiff is permitted to serve the Complaint in Mortgage Foreclosure and all
subsequent papers that require personal service upon Defendants in the following
manner:
1. By publication once in a newspaper of general circulation in
Cumberland County, Pennsylvania, and in the Cumberland Law
Journal;
2. By certified mail and first class mail upon Mary Lesniak
addressed to Mary Lesniak at 79 Queen Avenue, Enola, PA,
17035, said service to be deemed complete upon mailing; and
3. By posting the property at 17 George Circle,
Mechanicsburg, Cumberland County, Pennsylvania.
NOTHING HEREIN is intended to rule upon any legal issues that may exist as
to (a} whether Plaintiff is required to open an estate with respect to the decedent, Earl
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Lesniak, and (b) the effect of the Soldiers and Sailors Civil Relief Act with respect to
the claim against Defendant Earl Lesniak II.
RY TNF. ~'O[iRT
Peter E. Meltzer, Esq.
1600 Locust Street
Suite 200
Philadelphia, PA 19103
Attorney for Plaintiff
e ~/ a,~
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LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39$28
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE :
PASS-THROUGH CERTIFICATE SERIES 2004-5
c/o POPULAR MORTGAGE SERVICING, INC.
121 Woodcrest Road
Cherry Hill, NJ 08003
Plaintiff,
v.
EARL K. LESNIAK
17 George Circle
Mechanicsburg, PA 17055
Defendant.
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
PRAECIPE TO CHANGE IDENTITY OF DEFENDANT
To the Prothonotary:
In view of the fact that Earl Lesniak is deceased, kindly change the identity of the
Defendant from Earl Lesniak to "Earl Lesniak, individually and all known surviving heirs of Earl
Lesniak, deceased, and all unknown heirs, successors and assigns and all persons, firms, or
associations claiming right, title or interest from or under Earl Lesniak, deceased."
Respectfully submitted,
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
Dated: January 8, 2008 By: `~~
PETER E. MELTZER, ESQ
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LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5 ;
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
PRAECIPE TO REINSTATE COMPLAINT
To the Clerk:
Kindly reinstate the Complaint for an additional 30 days in the above-captioned matter.
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
Dated: January 10, 2008 By:
PETER E. ME TZER, ESQU
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04178 P.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE
VS
LESNIAK EARL K
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
LESNIAK EARL K the
DEFENDANT
at 1847:00 HOURS, on the 18th day of January 2008
at 17 GEORGE C_IRCI,F
MECHANICSBURG, PA 17055
POSTED PROPERTY AT 17 GEORGE
by handing to
CIRCLE MECHANICSBURG
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.56
Posting 6.00
Surcharge 10.00
~a~~UF ~ 00
4
Sworn and Subscibed to
before me this day
of ,
So Answers:
e- . .
R. Thomas Kline
01/22/2008
PETER MELTZER
By. .
Deputy Sheriff
A.D.
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
To the Prothonotary:
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
Praeci~e for Judgment
Enter in rem judgment in the sum of $175,772.68 in favor of the plaintiff THE BANK
OF NEW YORK, ET AL. and against Defendants EARL LESNIAK, ET AL. because of
Defendants' failure to file an answer within twenty (20) days of service of the Complaint, and
assess damages as follows:
Amount claimed in Complaint: $168,648.49
Per diem interest from 7/6/07 to and including 2/19/08: $ 7,124.19
Per diem interest from 2/20/08 at $31.11 per day: $
REAL DEBT $175,772.68
,~ '"
arah A. J o ,Esquire
Attorney for Plaintiff
ASSESSMENT OF DAMAGES
AND NOW, this ~ day of ~ , 2008, damages are assessed as above.
Pro onotary
LAW OFFICES OF PETER E. MELTZER
'~ AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
CERTIFICATION AS TO COMPLIANCE WITH PA.R.CIV.P. 237.1
I hereby certify that I am the attorney for the plaintiff in this action and further certify
that on February 8, 2008 I caused the 10-day notice required by Pa.R.Civ.P. 237.1 to be sent
to defendant, Mary Lesniak and defendant, Occupant of 17 George Circle, Mechanicsburg,
PA 17055, after defendants' failure to plead to the Complaint in the above matter which was
served upon defendants per Court Order by publication in The Sentinel and Cumberland Law
Journal, certified and first class mail upon Mary Lesniak, and posting by the Cumberland
County Sheriff on January 18, 2008, and I hereby further certify that defendants failed to
answer the Complaint or otherwise respond to the Complaint or the 10-day notice in any way.
A copy of the Proof of Mailing of the 10-day Notice is attached hereto as Exhibit "A".
~, -
Dated: February 19, 2008
ah A. Jaros E uire
Attorney for Plaintiff
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LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300 Attorneys for Plaintiff
THE BANK OF NEW YORK AS TRUSTEE FOR : CUMBERLAND COUNTY
EQUITY ONE, INC. MORTGAGE COURT OF COMMON PLEAS
PASS-THROUGH CERTIFICATE SERIES 2004-5 : NO.: 07-4178 CIVIL
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM;
OR UNDER EARL LESNIAK, DECEASED
To: Mary Lesniak
Occupant
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUJR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD. TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
AFFIDAVIT OF SERVICE
I hereby certify that I am the attorney for the plaintiff in this action and further certify that
I caused the Complaint in Mortgage Foreclosure to be served upon Defendants per Court Order
by publication in The Sentinel and Cumberland Law Journal, certified and first class mail upon
Mary Lesniak, and posting by the Cumberland County Sheriff on January 18, 2008. Said Court
Order and proof of mailing and publication are attached hereto as Exhibit "A".
Dated: February 19, 2008
Sarah A. Jarosh, quire
Attorney for Plaintiff
_,--°' ,
BANK OF NEW FORK, AS
TRUSTEE, ET AL,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBF;RL.-AND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
EARL LISNIAK, INDIVIDUALLY
AND ALL KNOWN :
SURVINVING HEIRS OF EARL
LESNIAK, DECEASED AND
ALL UNKNOWN HEIRS,
SUCCESSORS AND ASSIGNS :
AND ALL PERSONS, FIRMS OR
ASSOCIATIONS CLAIMING
RIGHT, TITLE OR INTEREST
FROM OR UNDER EARL
LESNIAK, DECEASED,
Defendants NO. 07-4178 CIVIL TERM
ORDER OF COURT
AND NOW, this 7th day of January, 2008, upon consideration of Plaintiff's
Petition for Special Service of Complaint, the.. petition is granted to the extent that
Plaintiff is permitted to serve the Complaint in Mortgage Foreclosure and all
subsequent papers that require personal service upon Defendants in the following
manner:
1. By publication once in a newspaper of general circulation in
Cumberland County, Pennsylvania, and in the .Cumberland Law
Journal;
2. By certified mail and first class mail upon Mary Lesniak
addressed to Mary Lesniak at 79 Queen Avenue, Enola, PA,
17035, said service to be deemed complete upon mailing; and
3. By posting the property at 17 George Circle,
Mechanicsburg, Cumberland County, Pennsylvania.
NOTHING HEREIN is intended to rule upon any legal issues that may exist as
to (a) whether Plaintiff is required to open an estate with respect to th.e decedent, Earl _ ,
~ ,: ._:.
Lesniak, and (b) the effect of the Soldiers and Sailors Civil Relief Act with respect to
,;
,,
the claim against Defendant Earl Lesniak II
Pet r E. Meltzer, Esq.
1 0 Locust Street
uite 200
Philadelphia, PA 19103
Attorney for Plaintiff
v
~l
BY THF. ('.nT TR T
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
January 25, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
TO AND SUBSCRIBED before me this
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE 80R0, CUMBERLAND COUNN
My Commission Expires Apr 28, 2010
25 day of January, 2008
.•
CUMBERLAND LAW JOURNAL
NOTICE
Cumberland County
Court of Common Pleas
NO.:
THE BANK OF NEW YORK
AS TRUSTEE FOR EQUITY ONE,
INC. MORTGAGE PASS-THROUGH
CERTIFICATE SERIES 2004-5
c/o POPULAR MORTGAGE
SERVICING, INC.
121 Woodcrest Road
Cherry Hill, NJ 08003
Plaintiff,
v.
EARL K. LESNIAK
17 George Circle
Mechanicsburg, PA 17055
Defendant.
NOTICE
THIS IS NOT AN ARBITRATION
CASE. ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
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 ap-
pearance personally or by attorney
and filing in writing with this court
your defenses or objections to the
claims set forth against you. You are
warned that if you fail to do so the
case may proceed without you and
a judgment may be entered against
you by the court without further
notice for any money claimed in the
Complaint or for any other claim or
relief requested by the plaintiff. You
may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER
TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE BELOW
TO FIND OUT WHERE YOU CAN GET
LEGAL HELP. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH
THE INFORMATION ABOUT AGEN-
CIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
Cumberland County
Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
PETER E. MELTZER, ESQUIRE
Identification No.: 39828
LAW OFFICES OF
PETER E. MELTZER AND
ASSOCIATES, P.C.
Attorneys for Plaintiff
1600 Locust St.
Suite 200
Philadelphia, PA 19103
(215) 545-3300
Jan. 25
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Troy Whitesel, Classified Advertisin Manager of The Sentinel, of the
County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL,
a newspaper of general circulation in the Borough of Carlisle, County and State
aforesaid, was established December 13,1881, since which date THE SENTINEL
has been regularly issued in said County, and that the printed notice or publication
attached hereto is exactly the same as was printed and published in the regular
editions and issues of THE SENTINEL on the following day(s)
Tanuary 16, 2008
COPY OF NOTICE OF PUBLICATION
..~. ,.....,d.. ~.~..._~.
LAW OFFICES OF PETER E. MELTZER
ANDASSOCIATES, P.C.` THIS IS NOT AN
By: Peter E. Meltzer ARBITRATION CASE
Identification No.: 39828 ASSESSMENT OF DAMAGES
1800,Locust St., Suite 200 HEARING IS NOTREQUIRED.
Philadelphia: PA 19103 '
(215)545-3300 ' Attorneys for Plaintiff
THE'BANK OF NEW YORK AS TRUSTEE FOR CUMBERLAND COUNTY
EQUITY.ONE;INC.MORTGAGE COURT OF COMMON PLEAS
PASS=THROUGH CERTIFICATE SERIES 2004-5 NO.: 07-4178 CIVIL
c%POPULAR MORTGAGE SERVICING, INC.
12t Woodcrest Road : ,
Cherry Hill, NJ 08003
Plaintiff,
v. .
EARL LESNIAK, INDIVIDUALLY AND ALL
KNONIN SURVIVING HEIRS OF EARL '
LESNIAK, DECEASED, AND ALL UNKNOWN -
HEIRS, SUCCESSORS AND ASSIGNS AND ALL
PERSONS;fIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM
OR UNDER EARL LESNIAK, DECEASED -
Affiant further deposes that he/she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.
Sworn to and subscribed before me this
17th. day of Tanuary, 2008.
Defendant
jVOTICE
You have been sued in court. It you wish to defend against the claims set forth in the
following pages, you must take action within tw6nty (20) days after this complaint
and notice are served, by entering a writteh appearance personally or by attorney
arid.filjggan.wdtipg wRhthis court defenses or objections to the claims set forth.
against you. You are warned tha s you fail to do so the case may proceed without
.you and a judgement may be enters fJ a inst you' by the court ~4lthout further notice
for any monoy'claimedir- the Compfe~`nt or for any other claim or relief requested by
the plaintiff. You may bse money or property or other rights important to you.
YOUSHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
'HAVER LAWYER OR CANNOTAFFORD ONE, GO TO OR TELEPHONE THE
..:OFFICE BELOW TQ FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS
'OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOTAFFORD TO HIR~A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH THE INFOf#MATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR '
NO FEE.
' Cumberland County Bar Association
2 Liberty Avenue
Carlisle; i'A 17013 '
(800)990-9108
Notary P lic
My commission expires: 9/r/0~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christina L. Wolfe. Notary Public
Carlisle Bono, Ctlrnberlartd County
My Comrrllssiort Expires Sept 1,2008
Member, Pennsylvania Association Of Notaries
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LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(21 S) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE
The undersigned hereby certifies that, upon information and belief:
Earl Lesniak is suggested to have died.
Mary Lesniak over 21 years of age, resides at 79 Queen Avenue, Enola, PA 17035 and is
employed at unknown as an unknown.
Occupant of 17 George Circle, Mechanicsburg, PA 17055 is employed at unknown as an
unknown.
Deponent further avers that, upon information and belief, the above individuals are not
within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with
amendments thereto.
Sarah A. J o ,Esquire
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300 Attorneys for Plaintiff
THE BANK OF NEW YORK AS TRUSTEE FOR : CUMBERLAND COUNTY
EQUITY ONE, INC. MORTGAGE COURT OF COMMON PLEAS
PASS-THROUGH CERTIFICATE SERIES 2004-5 : NO.: 07-4178 CIVIL
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
CERTIFICATION TO SHERIFF
AS TO THE SALE OF REAL PROPERTY
DATE OF SALE: June 11, 2008
I hereby certify that I am the attorney for the plaintiff in this action and further certify
that this Property is:
X Act 6 and Act 91 complied with.
Sarah A. Jaros quire
Attorney for Pl ff
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LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS :
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
Praecine for Writ of Execution
To the Prothonotary:
Issue writ of execution in the above matter:
Amount due: $175,772.68
Interest from judgment date: $
Costs to be added: $
arah A. Jaros ,Esquire
Attorney for Plaintiff
Legal Description attached
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All those two (2) certain adjoining pieces or parcels of land situated in the Township of Upper Allen, County
of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows:
Parcel No. 1: Beginning at a point on the southern side of George Circle, said point being at a distance of
424.99 feet west of the intersection of George Circle and South Market Street (extended), said point also being
at the dividing line between the premises herein described and lands now or formerly of Russell Stephens;
thence along said lands now or formerly of Russell Stephens, South 1 degree 36 minutes East, a distance of
109 feet to a point at line of lands formerly of Mazcus C. Arehart, now Pazcel No. 2 hereinbelow described;
thence along said Parcel No. 2, South 81 degrees 51 minutes West, a distance of 126 feet to a point; thence
North 8 degrees 9 minutes West through part of LoYNo. 23 on the hereinafter mentioned plan of lots, a
distance of 125 feet to a point on the southern side of George Circle; thence eastwazdly along the southern
side of said George Circle the following four (4) courses and distances (according to the hereinafter mentioned
plan of lots): (1) North 81 degrees 51 minutes East, a distance of 24.22 feet to a point; (2) on a curve to the right
having a radius of 176.66, an arc distance of 17.80 feet to a point at the dividing line between Lots Nos. 23 and
24 as shown on the hereinafter mentioned plan of lots; (3) continuing on the same curve to the right; an arc
distance of 42.70 feet to a point; and (4) on a curve to the left having a radius of 165.54 feet, an arc distance of
55.47 feet to a point on the same at the northeast corner of Lot No. 24 as shown on the hereinafter mentioned
plan of lots, the place of beginning.
Being the eastern half of Lot No. 23 and all of Lot No. 24 as shown on the subdivision plan of lots entitled
' Plan of Sunnyland for S. G. Diamond", dated March 24, 1961, and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Plan Book 12, Page 13.
Parcel No. 2: Beginning at a point marked by an iron pin at the Southeast corner of Parcel No. 1 described
above; thence extending along the line dividing Lot No. 1 from Lot No. 2 on the hereinafter mentioned Plan of
Lots, South 15 degrees East, a distance of 76.23 feet to a stake in the line of land of the Masonic Hall
Association of Mechanicsburg; thence extending along the line of said lands of the Masonic Hall Association
of Mechanicsburg, South 75 degrees West, a distance of 125.98 feet to a post at corner of land now or formerly
of Edwazd R. Lewis and wife; thence extending along the line of said land now or formerly of Edward R. Lewis
and wife, North I S degrees 5 minutes 2 seconds West, a distance of 76.23 feet to a post at the Southwest
corner of Parcel No. 1 described hereinabove; thence along the line of said Parcel No. 1, North 75 degrees East,
a distance of 126.00 feet to an iron pin at the Southeast corner of said Parcel No. 1 described above, the place
of beginning.
Being Lot No. 1 as shown on the subdivision plan of lots made for Marcus C. Arehart by Charles W. Junkins,
R.S., dated April 16, 1975, revised May 1, 1975, and recorded in the Recorder's Office aforesaid in Plan Book 26,
Page 73.
Tax ID: 42-25-0030-Pazce1065 and Tax ID: 42-25-0030-Parcel 065A
LAW OFFICES OF PETER E. MELTZER
''AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
Affidavit Pursuant to Rule 3129.1
The Bank of New York, et al., Plaintiff in the above action, sets forth as of the date that
the Praecipe for Writ of Execution was filed the following information concerning the real
property located at 17 George Circle, Mechanicsburg, PA 17055:
Name and address of owner(s) or reputed owner(s):
Name
Earl Lesniak
Address
17 George Circle
Mechanicsburg, PA 17055
2. Name and address of defendant(s) in the judgment:
Name Address
Earl Lesniak 17 George Circle
Mechanicsburg, PA 17055
Mary Lesniak 79 Queen Avenue
Enola, PA 1703 5
Occupant 17 George Circle
Mechanicsburg, PA 17055
sf`
Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name
Address
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
The Bank of New York, et al. 121 Woodcrest Road
Cherry Hill, NJ 08003
5. Name and address of every other person who has any record lien on the property:
Name Address
Cumberland County Tax Claim Bureau Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Marlin A. Yohn, Sr., Tax Collector 6 Hickory Lane
Mechanicsburg, PA 17055
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name
Cumberland County Domestic Relations
Commonwealth of PA
Department of Welfare
Commonwealth of PA
Bureau of Compliance
Address
13 N. Hanover Street
Carlisle, PA 17013
P.O. Box 2675
Harrisburg, PA 17105
Dept. 280946
Harrisburg, PA 17128-0946
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
Address
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
Dated: February 19, 2008
Sarah A. osh
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'"`' LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM;
OR UNDER EARL LESNIAK, DECEASED
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Mary Lesniak
Occupant
Your real estate at 17 George Circle, Mechanicsburg, PA 17055 is scheduled to be sold
at Sheriff s Sale on June 11.2008 at 10:00 a.m., at the Commissioner's Hearing Room,
Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the
court judgment of $175,772.68 obtained by The Bank of New York, et al. against you.
NOTICE OF OWNERS RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
The sale will be canceled if you pay to Meltzer & Associates, P.C. the back
payments, late charges, costs and reasonable attorneys fees due. To find out
how much you must pay, you may contact Meltzer & Associates, P.C. at 215-
545-3300.
2. You may be able to stop the sale by filing a petition asking a 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 stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice below of 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
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 Meltzer & Associates, P.C. at
215-545-3300
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.
The sale will go through only if the buyer pays the Sheriff the full amount due
on the sale. To find out if this has happened, you may call Meltzer &
Associates, P.C. at 215-545-3300.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount 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 approximately 30 days after the date of the Sheriff's Sale. 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) axe filed with the Sheriff within 10 days.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
(717)249-3166
2
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-4178 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK, as Trustee for EQUITY
ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5, Plaintiff (s)
From EARL LESNIAK, individually and all known surviving heirs of EARL LESNIAK, deceased,
and all unknown heirs, successors and assigns and all persons, firms, or associations claiming right,
title or interest from or under EARL LESNIAK, deceased
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $175,772.68
Interest from judgment date
Atty's Comm
Atty Paid $216.16
Plaintiff Paid
Date: 2/27/08
(Seal)
REQUESTING PARTY:
L.L. $.50
Due Prothy $2.00
Other Costs
P othonot~
By:
Deputy
Name SARAH J JAROSH, ESQUIRE
Address: LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, PC
1600 LOCUST STREET, SUITE 200
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-545-3300
Supreme Court ID No. 20646
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffl s Deed in which EQUITY ONE INC TR is the grantee the same having been sold to said
grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the
27TH day of FEB, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007
Number 4178, at the suit of EQUITY ONE INC TR against EARL LESNIAK HEIRS is duly recorded
as Instrument Number 200820742.
IN TESTIMONY WHEREOF, I have he,~eunto set my hand
an eal of said office this ~~ ~ day of
A.D. ~~
~ ~
of Deeds
~d~c of t,~,tdr, C~ Cary, ~ti~k, PA
My CanaaiWion F.~irot rie Firot MoAdpy of,I~n. 2010
The Bank of New York, as Trustee In the Court of Common Pleas of
For Equity One, Inc., Mortgage Pass- Cumberland County, Pennsylvania
Through Certificate Series 2004-5 Writ No. 2007-4178 Civil Term
Vs
Earl Lesniak, individually and all known surviving
heirs of Earl Lesniak, deceased, and all unknown
heirs, successors and assigns and all persons, firms,
or associations claiming right, title or interest from
or under Earl Lesniak, deceased
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April
04, 2008 at 1340 hours, he posted a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, pursuant to Court Order upon the occupant at 17 George
Circle, Mechanicsburg, Cumberland County, Pennsylvania its contents.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April
04, 2008 at 1340 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
description, in the above entitled action, upon the property located at 17 George Circle,
Mechanicsburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the Occupant by regular mail to the last known
address of 17 George Circle, Mechanicsburg, PA 17055. This letter was mailed under the date of
April 17, 2008 and never returned to the Sheriff s Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at
10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Sarah Jarosh, on behalf of
The Bank of New York as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series
2004-5. It being the highest bid and best price received for the same, The Bank of New York as
Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2004-5 of 121 Woodcrest
Road, Cherry Hill, NJ 08003, being the buyer in this execution, paid to Sheriff R. Thomas Kline the
sum of $1,640.01.
Sheriff s Costs:
Docketing 30.00
Poundage 32.16
Posting Bills 30.00
Advertising 30.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 10.56
Levy 30.00
Surcharge 30.00
Posting 6.00
Law Journal 689.00
Patriot News 612.56
Share of bills 14.73
Distribution of proceeds 25.00
Sheriff s deed 39.50
01 / G/~ sw ~
$1
640
,
.
So Answers:
~~-~.
R. Thomas Kline, Sheriff
.~,
B~ ~`G
Real Estate ergeant
G,~' ~"`
a, cs~ ~ ~.
c.~ G~y yG 7
.~ .l~oL~S
~.~ °. LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
- OR UNDER_ EARL LESNIAK, DEGEASED~`
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
~... _-4..-_.
---- Affidavit Pursuant to Rule 3129.1-
The Bank of New York, et al., Plaintiff in the above action, sets forth as of the date that
the Praecipe for Writ of Execution was filed the following information concerning the real
property located at 17 George Circle, Mechanicsburg, PA 17055:
1. Name and address of owner(s) or reputed owner(s):
Name Address
Earl Lesniak 17 George Circle
Mechanicsburg, PA 17055
2. Name and address of defendant(s) in the judgment:
Name Address
Earl Lesniak 17 George Circle
Mechanicsburg, PA 17055
Mary Lesniak 79 Queen Avenue
Enola, PA 17035
Occupant 17 George Circle
Mechanicsburg, PA 17055
1
.- . .
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
The Bank of New York, et al. 121 Woodcrest Road
Cherry Hill, NJ 08003
5. Name and address of every other person who has any record lien on the property:
Name Address
Cumberland County Tax Claim Bureau Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Marlin A. Yohn, Sr., Tax Collector ____6 Hickory_ Lane
Mechanicsburg, PA 17055
.__._._
-_
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name
Cumberland County Domestic Relations
Commonwealth of PA
Department of Welfare
Commonwealth of PA
Bureau of Compliance
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
Address
Address
13 N. Hanover Street
Carlisle, PA 17013
P.O. Box 2675
Harrisburg, PA 17105
Dept. 280946
Harrisburg, PA 17128-0946
Address
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
r.
,., ~ ~ .
'~,
Dated: February 19, 2008 ~ ~~ .
Sarah A. osh
2
LAW OFFICES OF PETER E. MELTZER
~~- `~ ~ AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300 Attorneys for Plaintiff
THE BANK OF NEW YORK AS TRUSTEE FOR
EQUITY ONE, INC. MORTGAGE
PASS-THROUGH CERTIFICATE SERIES 2004-5
v.
EARL LESNIAK, INDIVIDUALLY AND ALL
KNOWN SURVIVING HEIRS OF EARL
LESNIAK, DECEASED, AND ALL UNKNOWN
HEIRS, SUCCESSORS AND ASSIGNS AND ALL:
PERSONS, FIRMS, OR ASSOCIATIONS
CLAIMING RIGHT, TITLE OR INTEREST FROM:
OR UNDER EARL LESNIAK, DECEASED
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 07-4178 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Mary Lesniak
Occupant
Your real estate at 17 George Circle, Mechanicsburg, PA 17055 is scheduled to be sold
at Sheriff's Sale on June 11, 2008 at 10:00 a.m., at the Commissioner's Hearing Room,
Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the
court judgment of $175,772.68 obtained by The Bank of New York, et al. against you.
NOTICE OF OWNERS RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
The sale will be canceled if you pay to Meltzer & Associates, P.C. the back
payments, late charges, costs and reasonable attorneys fees due. To find out
how much you must pay, you may contact Meltzer & Associates, P.C. at 215-
545-3300.
2. You may be able to stop the sale by filing a petition asking a 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.
~.. -
You may also be able stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice below of 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 Meltzer & Associates, P.C. at
215-545-3300..
2. You may be able to petition the Court to set aside the sale if the hid 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
on the sale. To find out if this has happened, you may call Meltzer &
Associates, P.C. at 215-545-3300. _____ __
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
_.___ __
owner of the property asif the sale never happene . -- -- ~ '-
5. You have the right to remain in the property until the full amount 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 approximately 30 days after the date of the Sheriff s Sale. 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 10 days.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
(717)249-3166
2
All those two (2) certain adjoining pieces or pazccls of land situated in the Township of Upper Allen, County
of Cumberland and Commonwealth of Pennsylvania, more particulazly bounded and described as follows:
Parcel No. l: Beginning at a point on the southern side of George Circle, said point being at a distance of
424.99 feet west of the intersection of George Circle and South Market Street (extended), said point also being
at the dividing line between the premises herein described and lands now or formerly of Russell Stephens;
thence along said lands now or formerly of Russell Stephens, South 1 degree 36 minutes East, a distance of
109 feet to a point at line of lands formerly of Marcus C. Arehart, now Parcel No. 2 hereinbelow described;
thence along said Parcel No. 2, South 81 degrees 51 minutes West, a distance of 126 feet to a point; thence
North 8 degrees 9 minutes West through part of Lot"No. 23 on the hereinafter mentioned plan of lots, a
distance of 125 feet to a point on the southem side of George Circle; thence eastwazdly along the southern
side of said George Circle the following four (4) courses and distances (according to the hereinafter mentioned
plan of lots): (1) North 81 degrees 51 minutes East, a distance of 24.22 feet to a point; (2) on a curve to the right
having a radius of 176.66, an arc distance of 17.80 feet to a point at the dividing line between Lots Nos. 23 and
24 as shown on the hereinafter mentioned plan of lots; (3) continuing on the same curve to the right; an arc
distance of 42.70 feet to a point; and (4) on a curve to the left having a radius of 165.54 feet, an arc distance of
55.47 feet to a point on the same at the northeast corner of Lot No. 24 as shown on the hereinafter mentioned
plan of lots, the place of beginning.
Being the eastern half of Lot No. 23 and all of Lot No. 24 as shown on the subdivision plan of lots entitled
"Plan of Sunnyland for S. G. Diamond", dated March 24,1961, and recorded in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania, in Plan Book 12, Page 13.
Parcel No. 2: Beginning at a point marked by an iron pin at the Southeast comer of Parcel No. 1 described
above; thence extending along the line dividing Lot No. 1 from Lot No. 2 on the hereinafter mentioned Plan of
Lots, South 15 degrees East, a distance of 76.23 feet to a stake in the line of land of the Masonic Hall
Association of Mechanicsburg; thence extending along the line of said lands of the Masonic Hall Association
of Mechanicsburg, South 75 degrees West, a distance of 125.98 feet to a post at corner of land now or formerly
of Edward R. Lewis and wife; thence extending along the line of said land now or formerly of Edwazd R Lewis
and wife, North 15 degrees 5 minutes 2 seconds West, a distance of 76.23 feet to a post at the Southwest
corner of Parcel No. 1 described hereinabove; thence along the line of said Parcel No. 1, North 75 degrees East,
a distance of 126.00 feet to an iron pin at the Southeast comer of said Parcel No. 1 described above, the place
of beginning.
Being Lot No. 1 as shown on the subdivision plan of lots made for Marcus C. Arehart by Charles W. Junkins,
RS., dated Apri116, 1975, revised May 1,1975, and recorded in the Recorder's Office aforesaid in Plan Book 26,
Page 73.
Tax ID: 42-25-0030-Pazce1065 and Tax ID: 42-25-0030-Parcel 065A
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-4178 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK, as Trustee for EQUITY
ONE, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2004-5, Plaintiff (s)
From EARL LESNIAK, individually and all known surviving heirs of EARL LESNIAK, deceased,
and all unknown heirs, successors and assigns and all persons, firms, or associations claiming right,
title or interest from or under EARL LESNIAK, deceased
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $175,772.68 L.L. $.50
Interest from judgment date
Atty's Comm % Due Prothy $2.00
Atty Paid $216.16 Other Costs
Plaintiff Paid
Date: 2/27/08
Pro onotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name SARAH J JAROSH, ESQUIRE
Address: LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, PC
1600 LOCUST STREET, SUITE 200
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-545-3300
Supreme Court ID No. 20646
Real Estate Sale # 47
On March 19, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
Known and numbered as 17 George Circle, Mechanicsburg,
more fully described on Exhibit "A"
filed with this writ and by this reference
~'`~
incorporated herein. {~
Date: March 19, 2008 By:
C~ CD~ ~ivu.
Real Estate Sergeant
91 .~ d 8 Z 93.E 8001
dd '~ 1 ~ I l U ;. ~. ~ ~ i c ~ .:
~~12l3H5 3f~1 ~G ~,;i.~~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
May 2, May 9, and May 16, 2008
Affiant filrther 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.
~ G'_
Marie Coyne,
SWORN TO AND SUBSCRIBED before me this
16 day of May, 2008 ,
Notary
NOTARIAL S
DEBORAH A COLLINS
Notary public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
REAL 1~TA'1`!Q 3~AL.i6110. 47
Writ No. 2007-4178 Civil
The Bank of New York as Trustee
for Equity One, Inc. Mortgage Pass-
Through Certificates Series 2004-5
vs.
Earl Lesniak individually and
all known surviving heirs of
Earl Lesniak, Deceased, and all
unknown heirs, successors and
assigns and all persons, firms or
associations claiming right, title
or interest from or under Earl
Lesniak, deceased
Atty.: Sarah J. Jarosh
All those two (2) certain adjoining
pieces or parcels of land situated in
the Township of Upper Allen, County
of Cumberland and Commonwealth
of Pennsylvania, more particularly
bounded and described as follows:
Parcel No. 1: Beginning at a point
on the southern side of George Circle,
said point being at a distance of
424.99 feet west of the intersection
of George Circle and South Market
Street (extended), said point also
being at the dividing line between
the premises herein described and
lands now or formerly of Russell
Stephens; thence along said lands
now or formerly of Russell Stephens,
South 1 degree 36 minutes East,
a distance of 109 feet to a point at
line of lands formerly of Marcus C.
Arehart, now Parcel No. 2 herein-
below described; thence along said
Parcel No. 2, South 81 degrexs 51
minutes West, a distance of 126 feet
to a pant; thence North 8 degrees
9 minutes West through part of Lot
No. 23 on the hereinafter mentioned
plan of lots, a distance of 125 feet to a
point on the southern side of George
Circle; thence eastwardly along the
southern side of said George Circle
the following four (4) courses and dis-
tances (according to the hereinafter
mentioned plan of lots): (1) North 81
degrees 51 minutes East, a distance
of 24.22 feet to a point; (2} on a
curve to the right having a radius of
176.66, an arc distance of 17.80 feet
to a point at the dividing line between
Lots Nos. 23 and 24 as shown on the
hereinafter mentioned plan of lots;
(3) continuing on the same curve to
the right; an arc distance of 42.70
feet to a point; and (4) on a curve
to the left having a radius of 165.54
feet, an arc distance of 55.47 feet to
a point on the same at the northeast
comer of Lot No. 24 as shown on the
hereinafter mentioned plan of lots,
the place of beginning.
Being the eastern half of Lot No.
23 and all of Lot No. 24 as shown on
the subdivision plan of lots entitled
"Plan of Sunnyland for S. G. Dia-
mond", dated March 24, 1961, and
recorded in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania, in Plan Book
12, Page 13.
Parcel No. 2: Beginning at a point
marked by an iron pin at the South-
east corner of Parcel No. 1 described
above; thence extending along the
line dividing Lot No. 1 from Lot No.
2 on the hereinafter mentioned Plan
of Lots, South 15 degrees East, a
distance of 76.23 feet to a stake
in the line of land of the Masonic
Hall Association of Mechanicsburg;
thence extending along the line of
said lands of the Masonic Hall Asso-
ciation of Mechanicsburg, South 75
degrees Weat, a distance of 125.98
feet to a post at coss-es' cf 1~r1 env
or formerly of Eda-arc! R. Levis and
wife; thence extending alorsg the
line of said land now or formtrly of
Edward R. Lewis and wife, North 15
degrees 5 minutes 2 seconds West,
a distance of 76.23 feet to a post at
the Southwest corner of Parcel No. 1
described hereinabove; thence along
the line of said Parcel No. 1, North
75 degrees East, a distance of 126.00
feet to an iron pin at the Southeast
corner of said Parcel No. 1 described
above, the place of beginning.
Being Lot No. 1 as shown on the
subdivision plan of lots made for
Marcus C. Arehart by Charles W.
Junldns, R.S., dated April 16, 1975,
revised May 1, 1975, and recorded
in the Recorder's Office aforesaid in
Plan Book 26, Page 73.
Tax ID: 42-25-0030-Parcel 065
and Tax ID: 42-25-0030-Parcel
065A.
..,..,..._....,.,_..,.~_, _,._.._ ..4~ _~._.,-.....~...
~` ~ ~•~he~ Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
~Ule~latriot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
04/23/08
t 04/30/08
05/07108
Sworn to and sub ed before me this 27 d f May, 2008 A.D.
~G.r
Notary P bl
COMM~Notana ~iNNSY~VANIA
Chyrle L. Stteppa~~ Notary Public
C'~ly Of Harrisburg, Dauphin County
My Commission Expires May 29,2010
Member, Pennsylvania Association of Notaries
Real Estate Sale 1147
Writ No. 2007-4178 Civil Term
'ihe Bank of New York as7Yustee
for Equity One, Inc. Mortgage
Pass-Through Certificates
Series 2004v
VS
Earl Lesniak individually and all
known surviving heirs of Earl
l.esniak, Deceased, and all
unknown heirs, successors and
assigns and all persons firms or
associations claiming right, Yttie
or interest from or under Earl
Lesniak, deceased
Attorney: Sarah J. Jarosh
DESCRIPTION
Al] those two (2) certain adjoining pieces or
pazce]s of land situated in the Township of
Upper Allen, County of Cumberland and
Commonwealth of Pennsylvania, more
particulazly bounded and described as follows:
Parrxi No. 1: Beginning a~ ~ P~ ~ tbF
sottthe[n sole of Gatrge Cucle, said point being
at a distance of 424.99 feel west of the
intersection of George Circle and South Market
Sweet (extended), said point also being at the
dividing line between the premises herein
described and lands now or formerly of Russell
Stephens; thence a]ong said lands now or
formerly of Russell Stephens, South 1 degree 36
minutes Fast, a distance of 109 feet to a point at
line of lands fomrerly of Marcus C, Arehart,
now Pane] No. 2 hereinbelow described; thence
along said Pazcel No. 2, South 81 degrees 51
minutes West, a distance of 126 feet to a point;
thence North 8 degrees 9 minutes West through
part of Lot No. 23 on the hereinafter mentioned
plan of lots, a distance of 125 feet to a point on
the southern side of George Circle; thence
eastwardly along the southern side of said
Cn;orge Circle the following four (4) courses and
distances (according to the hereinafrer
mentioned plan of lots): (I) North 81 degees 51
minutes East, a distance of 24.22 feet to a point;
(2) on a curve to the right having a radius of
176.66, an arc distance of 17.80 feet to a point at
the dividing line between Lots Nos. 23 and 24 as
shown on the hereinafter mentioned plan of lots;
(3) continuing on the same curve to the right an
arc distance of 42.70 feet to a point and (4) on a
curve to the lefr having a radius of 165.54 feet,
an arc distance of 55.47 feet to a point on the
same at the northeast comer of Lot No. 24 as
shown on the hereinafter mentioned plan of lots,
t,.,e place of beginning.
Being the eastern half of Lot No. 23 and all of
Lot No. 24 as shown on the subdivision plan of
h is entitled "Plan of Sunnyland for S. G.
Diamond", dated March 24, 1961, and recorded
in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Plan
Book 12, Page 13.
"srcel No. 2: Beginning at a point marked by an
uon pin at the Southeast comer of Parcel No.l
described above; thence extending along the line
dividing Lot No. 1 from Lot No. 2 on the
'u;.reinafter mentioned Plan of Lots, Soutlr IS
degrees Fast, a distance of 76.23 feet to a stake
in the line of land of the Masonic Hall
Association of Mechanicsburg; tbence extending
along the line of said lands of the Masonic Hall
Association of Mechanicsburg, South 75 degrees
West, a distance of 125.98 feet to a post at
comer of land now of formerly of Edward R.
Lewis and wife; thence extending along tbe line
of said land now or formerly of Edwazd R.
Lewis and wife, North 15 degrees 5 minutes 2
seconds West, a distance of 76.23 feet to a post
at the Southwest comer of Parcel No.l described
bereinabove; thence along the line of said Parcel
No. 1, North 75 degrees East, a distance of
126.00 feet to an iron pin at the Southeast comer
of said Parcel No. 1 described above, the place
of beginning.
Being Lot No. 1 as shown on the subdivision
plan of lots made for Marcus C. Arehart by
Charles W. ]unkins, R.S., dated April 16, 1915,
revised May I, 1975, and recorded in the
Recorder's Office aforesaid in Plan Book 26,
Page 73.
Tax ID: 42-25-0030-Parce1065 and Tax ID: 42-
2541030-Parce1065A