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HomeMy WebLinkAbout03-4895FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE ONE FOUNTAIN PLAZA 6TH FLOOR BUFFALO, NY 14203 Plaintiff PAUL E. DICK 1100 ENOLA ROAD A/K/A 671 OLD MILL ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. _ CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I~ YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIR1NG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 78467 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING VfITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 78467 Plaintiffis BANK OF NEW YORK, AS TRUSTEE ONE FOUNTAIN PLAZA 6TH FLOOR BUFFALO, NY 14203 The name(s) and last known address(es) of the Defendant(s) are: PAUL E. DICK 1100 ENOLA ROAD AJK/A 671 OLD MILL ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/20/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FINANCIAL TRUST COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1342, Page 1013. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/05/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 78467 The following amounts are due on the mortgage: Principal Balance Interest 03/05/2003 through 09/16/2003 (Per Diem $16.49) Attorney's Fees Cumulative Late Charges 09/20/1996 to 09/16/2003 Cost of Suit and Title Search Subtotal $72,958.79 3,232.04 1,250.00 422.67 $ 550.00 $ 78,413.50 Escrow Credit 0.00 Deficit 16,550.04 Subtotal $ 16,550.04 TOTAL $ 94,963.54 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 94,963.54, together with interest from 09/16/2003 at the rate of $16.49 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMA~ AND PHELAI~ I~ By: /s/Francis S. Hallman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 78467 I,EGAI, DI~.gCRIPTION All that certain lot or piece of ground with the buildings and improvements thereon erected, being known as 1100 ENOLA ROAD A/K/A 67l OLD MILL ROAD, CARLISLE, PA 17013, and being further described on that certain Deed dated 2/2Dg_42_and recorded 22L[9_42_in the Office of the Recorder of Deeds in CI IMBF, RI.AND County in Deed Book No. 13-0~ Page 271. Parcel No. 29-04-0377-030 BEING known as 1 I00 ENOLA ROAD A/K/A 671 OLD MILL ROAD VERIFICATION DEBRA J. BII:ARO states that she is VICE PRESIDENT ofM & T MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK, AS TRUSTEE ONE FOUNTAIN PLAZA, 6TH FLOOR Plaintiff, PAUL E. DICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03~4895-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on If you have any questions concerning this matter, please contact: FRANK FED ~Q~V~N, ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 BANK OF NEW YORK, AS TRUSTEE ONE FOUNTAIN PLAZA, 6TH FLOOR BUFFALO, NY 14203 Plaintiff, PAUL E. DICK Defendant(s). : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 03-4895-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PAUL E. DICK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 9/16/03 to 11/6/03 TOTAL $94,963.54 $857.48 $95,821.02 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 563-7000 _ BANK OF NEW YORK, AS TRUSTEE Plaintiff Vs. PAULE E. DICK Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03 4895 CIVILTERM TO: PAULE E. DICK I100 ENOLA ROAD A/IUA 671 OLD MILL ROAD CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 22, 2003 FiLE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATI'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERE[N, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO E. NTER 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 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 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 TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEHIGH COUNTY LAWYER REFERRAL SERVICE LEHIGH COUNTY BAR ASSOCIATION 1114 WALNUT SqgREET ALLENTOWN, PA 18102 (610) 433-7094 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQU1RE Attorneys for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 llANK OF NEW YORK, AS TRUSTEE Plaintiff, PAUL E. DICK Defendant(s). No. 03-4895-CML TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/6/03 to MARCH 3, 2004 (per diem -$15.75) TOTAL $95,821.02 ~// $1,858.50 and Costs $97,679.52 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103~814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION TRACT NO. 1: ALL that certain tract of farm [and, together with the/mprovements tigr~on ercct~, simat~ in Imwer F~,kfo~ To~mh~, ~ County, Pe~sylvania, ~ and ~n%~ ~ BEGINNING at a point in the c~ater litg of Legislative Route 21004, whic~ point Ls ou the line of lands now of iorraetly 0f Wi~iam P. W~ nnd Tillie Marie WarM. n, and which point iS 1022,94 feet Soutl~atxlly along ~aid centr~r ~ne from the center line of Route No. 944; the. nee by ~ lands now or formerly of William P. Warns, et ux, North 89 ~egrees East 425,7 feet m an iron pin; thence by the salrg:, NoHll 80 degree~ 39 minutes ~ seconds East 684.56 fee! to a post on tire lin~ of lands now or formerly of F. dgar Bartles; the~.e hy said lands SOuth 59 degrees 56 minutes ~.3 seconds East 245 f~t to a post; thence by the same, South 52 degrees 29 minut~ 30 seconds East 517.31 feet to a stake; thenc~ by the same an~ erossin8 a run, Ne,~h 62 dagrees 47 minutes g~st 354.42 feet tO a white oak tree; tlgnce again erossi.n.g saki run and along lands now or t%~rmerly of WiHianl Wilders, Soudt 20 6egre,~ 34 minutes East Il_6 fcc~ to a point in the center line of an abandoned lat~; Ilw..ac.e by said cemer tine and said la~da tl~e followiug cout0s~ and di~anee~: South 48 degre~ 47 minut~ Eas~ 96.65 f~et to a poim; South 68 degt~:es 25 minut~ F~ast 182.77 feet to a poim; South 44 d~gr--~s 34. minutes East 256.47 feet to a point; thence hy 'lands now ot formerly of 'l'ha6deds Good~ Holt¢, et ttx, South 18 degrees 29 mim~tes West 27.98 feet m a point; thence by the same, Sou~ 88 degrees ~,5 mlout~ West 310.65 feet to a post; thence by the same, South 65 deg,:es 7 minutes We~t 995.8 feet to a post; thence by the same, South 22 degtot:s 41 tniautes I~.aa 830.84 f~t to a hickory tt~; thence by th~ same, South 0 de~grees 24 minutes West 347.14 t%et to a ston~ in a mad; thence in said road, South 60 degrees :59 mitlu~es West 314,83 fe~ to a soike in said toad; thence by lands now or formally of Robert Kurtz, North 73 degl-ee$ lO minutes West 505.87 feet to a post; thence by the siulle, South. 5 degre~ 32 minutes We~t 73.75 feet to a point i~ the omler line ora public road, L.R 21004; thence atong mid cenlet line, th~ I~llowing courses slid distanaes: Nottlt 70 degrees 41 minutes West 60.47 fee{ to a point; North 82 d~gre~-~ 20 minutes West 58.44 feet to a point; Nor~ 86 f~ to a ~nt; North 80 ~s 29 m~u~s West 63.93 f~t to a ~m; N~ 70 degas W~t 72.3 ~t m a ~int; No~ 61 ~g~ 33 ~u~ W~ 158.4 f~ to a 38 mMu~ West 59 f~ to a ~; No~ 47 deg~ 13 ml~ W~ d~ 29 ~u{es W~ 49. ] 3 f~t m a ~int; No~ 17 de~ 57 ~ut~s W~ O.65 f~ ~ a ~int; No~ 12 d~gr~ 52 mhlut~ W~ $39.35 ~t ~ a ~; No~ 13 ~ m a ~t; No~ 18 deg~ 50 mtn~ W~t ! 13.15 ~ ~ a ~; No~ 119.35 f~t ~ a ~im; No~h 19 de~s 49 minutes W~t 6~,36 ~ m a ~int; mi~t~ W~ 140.8 f~ ~ a ~i~; No~ 5 ~ 32 m~ W~t de~s ~ ~in~es ~ 42.72 f~ to a ~i~; NO~ 25 d¢~ 10 ~ No~ 36 ~gr~ 9 ~qu~n ~a 135,9~ ~ tO a ~Mt; Not~ 32 ~s a po~; No~ 20 d~ 36 ~ul~ ~st ~.05 ~t to a ~; No~A 49.35 ~ to a ~im; No~h 0 d~r~ 33 ~tes W~ M.7 f~ m a ~; No~ 7 degrees We~ 2~. 1 fe~ to a po~, ~e p~ce of ~gi~. ~e af~a~ ~ ~e ~ a~Ming a s~ of N~I B. S~, Regg~ S~r~ot, d~ ~ber 7, [970 ~$ ~ lot ~nvey~ to ~ T. Hay a~ Ann E. t~, hg wi~, by ~ ~ Feb~ 25, 19~ ~ r~td~ h~ the Offge Of th~ R<0~ec ~ ~ in ~ rot Cumh~ ~u~, Peon~lva~, Hah bt Rus~ll E. ~ylor t~d~ by S~ G. Fi~r, ~g~ Su~eyor, ~ la~ 11, 1~6 ~d ~otd~ in (~l~ C~nW Pl~ ~k 49, Page 97, TRACT NO. 2: ALL that certain piece Or par~:~l of ~<l wRh the ituprov~menls thereon situate ia North Mid¢lleton Towresltip, Coumy of Clmtb~risad and State of Pennsylvania. bounded and d~s~ibed as foliows, to wit: BF~/31NNtNG at ~oncs at Fand fo, rmerly of H=ry Di~ ~v of C~ K, Snyd~; ihen~ by s~d l~d=, ' ~u~ 16 d~s 30 minu~ ~ 276 p~c~$ to a wM~ ~k; th~ by ~c ~e, ~ 2 I12 degrees E~,t 6 ~ ~ a po~t at public r~d; ~ by la~a f~¢rly ~/~ob A. D~g, ~w of Walmr Maio)', S~ 71 de~r~ 30 m~t~ W~t I t2.5 ~h~ ~ a ~im ~ ~ fo~rty of T~lie a. D~k ~w of H~ry Ro~u: ~ by ~ [~, No~ 31 d~ W~t 43.6 ~&~ to a ~il~t ~ Of I~d ~w Ot f~e~ly Of Willi~ ~ng; fl~ by ~id ~, No~h 81 112 ~gr~ ~ 15.1 ~h~ to ~o~; ~ by ~me, No~ 37 d~r~ W~n 36,7 ~ ~ ~o~ m public r~; ~ 44 3/4 do~ ~ 9.3 perch~ m a F~im al ride of ~d; ~ by l~ now or ~ly of A~t T~, N~ 46 3/4 ~y~ W~ O ~ lo a p~m ~ ~r~r of ~ fo~ of A. L. B~er, ~ of Audrey B. ~ldwi~ ~ by ~ ~. No~ 4 de~e~ 15 m~a ~ 10L2 ~rc~ ~ stone; ~ by ~e, N~ ~ d~ ~O ~ West ~.~ ~r~as ~ a ~im: ~en~ by ~e ~, No~ I ~s 15 m~ ~t ~,5 ~r~ ~ S~on~a at ~ fo~erly of Mrs. V. Pentax, now or Paul E. Dick, ~am~ ~: ~eu~ by ~ I~s, ~ ~ de~s ~ 122 m st~s at ~ ~crly of I~rry Dick, now of C. K. Shyer, ~e ~1~ of CONTAINING 234 acres and 150 pe~ches, su-ict measure. Less, however a tract of laml contai~hag 1 7 acres conveyed to Tho~r~ and Bet~y StewasX, by deed dated JUne 22, 1979 and reeoided ia Deed Book "M', Volume 28, Page 593. Tax Parcel #~9-04~0377-035 and 29-04-377.005 a~d 29-04-0377-030 an~J 29-04.0377-034 BANK OF NEW YORK, AS TRUSTEE Plaintiff, Vo PAUL E. DICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4895-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK, AS TRUSTEE, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1100 ENOLA ROAD A/K/A 671 OLD MILL ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL E. DICK 1100 ENOLA ROAD A/KIA 671 OLD MILL ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name AGWAYENERYPRODUCTS Last Known Address (if address cannot be reasonably ascertained, please indicate) 530 EAST NORTH STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Naine Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may he affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1100 ENOLA ROAD A/K/A 671 OLD MILL ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. November 6, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE Plaintiff, Vo PAUL E. DICK Defendant(s). CUMBERLAND COUNTY No. 03-4895-CIVIL TERM November 6, 2003 TO: PAUL E. DICK 1100 ENOLA ROAD A/K/A 671 OLD MILL ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORA4ATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY ** Your house (real estate) at, 1100 ENOLA ROAD A/FdA 671 OLD MILL ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,821.02 obtained by BANK OF NEW YORK, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129,3. NOTICE OF OWNER'S R/GHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe 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 Sheriffwithin ten (I0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION TRACT NO. 1: ALL tltat certail~ tract of fatal la_nd, togethea' with ~ima~ ~ l~wer ~kfo~ Town.s, ~m~ Couaty. P~n~ylvania. follo~: BEGINNINO at a point in file o:nter line of Legislative Route 21~, wh~ ~int ~ ~ I~ I~ of la~ ~w o~ fox. fly of W~Eam P, War~r a~ Tfllie M~e War~, ~ wh~ ~im ~ 1~2.~ f~t S~tbwaMly along ~id ~nter l~e rrm ~e ~er ~e of R~to No. 9~; flmnc¢ by ~M 1~ ~w or lbrn~rly of Wil]~ P. W~, ~ ~ No~ ~ ~r~s ~ 4~.7 f~t to ~ iron p~; ~!~ ~ thc $~, N~ 80 d~ 39 ~u<s 37 s~s ~st ~,~ f~ ~ a ~ On ~e li~ of ~ now or fom~erly of Edg~ ~; ~c by ~M l~s ~uth to a ~; t~e by I~ same, South $2 ~ 29 minut~ lh~ b~ ~ ~ a~ ~r~tng a run, N~ ~ deg~ 47 ~ute$ F~t 354.42 ~ to a white oak I~e; theacc a~tn ~ing sam ~n ~d a[~ l~s now degr~ 34 mmu~ ~ 116 feet to a ~im in the ~a~ line of an ~on~ ~; I~ by ~d ~nter 1~ ~ ~id ~nds t~ followil~ c~m~s a~ di.q~s: S~ 48 ~gre~ 47 midol ~st 96.65 f~t ~ a ~; S~th 68 dcgr~ 25 minutes Fa~ 182.77 ~t ~.47 feet ~o a ~int; th~e by I~s now o~ 18 degt~s 29 romans W~t 27.98 ~t m a ~t: t~e by ~ ~me, S~ 88 degr~i t5 mi~ Woi 310.65 fe~ lo a po~; [he~ ~ ~ s~e. Sou~ tl~*me by the ~e. ~ 22 de~s 41 mh~les s~e. ~ 0 d~g~ ~ minut~ W~t 347,14 f~ to a aone in a ~; ~ce M ~ n~, Soufll 60 d¢~ 59 tninutea West 314.83 f~t Io a ~i~ in ~id m~; t~n~ by lan~ now or fo~edy of Robert Kur~, No~ 73 ~ 10 mmu~$ West ~.87 f~t to a 32 minu~s W~t 73.75 ~t to a ~ in the ~t~ line ora ~atet line. ~ I~llo~ eo~s~ ~ di~r<~: No~& 70 deg~ 41 point', North 8:2 degrees 20 minutc$ We~ 58.44 feet to a ~; No~ ~ de~ 2 mi~a f~t to a ~im; N~ 80 ~r~s 29 minutes W~ 63.93 f~t to a ~im; No[~ 70 debn~s W~t 72.3 ~ ~ a poim; North 61 degas 33 ~s W~t 158.~ f~ ~ a ~tm; North 58 38 ~nut~ W~l 59 f~ to a ~o~; No~ 47 ~gr~ 13 minut~ W~ ~.45 f~ to a poMt; N~ 30 de~es 29 ~ut~ We~ 49. ] 3 f~l to a poim; Nor~ 17 degr~ 57 m~utes W~ 47,65 f~ N~ 12 deg~ 52 minutes W~ 539.35 f~t to a ~int; No~ 13 ~es 23 min~ West 326.2 f~ m a ~t; No~ 18 ~S~ ~0 milm~ W~t ! 13.15 f~ ~ a po~; No~ ~ 4~ 40 minut~ 119.35 f~t to a ~i~; No~h 19 d~a 49 minutes W~t 6~,36 ~ ~ a point; No~ 13 minut~ W~t 140.8 f~ ~ a ~i~; No~ 5 ~g~ 32 Ini~d~s W~ ~.95 f~t ~ a ~t; No~ 9 d~s 34 minatea ~ 42~72 ~ to a ~i~; NO~ 25 degas 10 mMut~ ~t 54,57 ~ to a ~t; No~ 36 degr~ 9 ~ut~ ~t 135.95 ~ to a ~int: North ~2 ~s 33 minu~ ~t a ~Mi; Nor~ 20 dcg~ 36 minu~ Frost ~,03 f~ to a ~t; No~t 10 deg~ 23 ~i~t~ EaSt 49.35 f~t to a ~i~; Noflh 0 d~x~ 3~ ~tes We~ ~.7 f~ m a ~ml; No~ 7 ~e$~ ~6 m~ut~ We~ 2~. I f~ to a poMt. ~e p~ce of ~gi~mlng, ~e a~saM pfemB~ are ~ a m~ of N~I B. S~. Reg~ ~rveyor, dat~ D~b~ 7, 1970 a~ ~nm~ ~.946 acr~. ~s ~t lot ~nvey~ m ~wo~ T. Hay a~ Ann E. [lay. h~ wife. by ~ ~M Febm~ 25. 1986 ~ r~md~ in t~ Office 0f b~c RecO~r of ~s in ~d for C~mber~ Coup, Peonsylva~, D~d ~k "T', Vol~ne 31, Page 13 and ~i~ ~r ~bed ~ ~ No 2 oa hhe Final Su~ivision Plaa br Rusmll E. T~vlor ~de by Sm~en G. Fi~. ~gis~ Su~eyor, da~ Jan~ 11, 1~6 and ~rd~ in (~la~ Cma~. Plan ~k 49, Page ~. TRACT NO, 2: ALL ~t certain piece or parcel of land with the improvements thereon situate in Norflt Middleton Township~ Count)' of Cumberland aod State of Pennsylvania. bounded and described as follows, to wit: BEGINNING at s~ones at land formerly of Harry Dick, ~ow of C. K. Snyder; theac.~ by said lauds, ~ 16 degas 30 minutes ~ 276 p~ghes m a whi{e ~k; th~ by ~e ~e, ~u~ 2 1/2 &g~s East 6 pe~ ~ a point a~ publ~ r~d; t~n~ by lands fu~erly of J~ A. D~k, ~w of Waist M~10y, ~uth 71 ~gr~ 30 m~t~ W=sl 112.~ ~hes ~ a ~im ~ lan~ folly of T~lie B, Dick ~w of ~r), Roams; ~n~ by s~ l~, No~ 31 ~s W~i 43,6 ~l~ ~o a ~int ~ of I~d ~w o~ formerly of Willi~ Long; tl~ by ~id ~S, N~h 81 1/2 degr~ ~ 15.1 ~rch~ ~o ~o~; ~ by ~e. No~ 37 de~ W~ 36.7 ~r~ ~o ~ ~ public r~; 44 3~4 d~ ~st 9.3 ~c~ ~O a ~int a~ si~ of ~ad: ~hoa~ by l~d now or ~nerly of Thontas, No~h 46 3/4 ~ces W~ 47 ~r~ Io a polm ~ ~rner of 1~ fo~y of A, L. Bi.bower, ~w of ~adrey B. ~ldwim ~ by ~ s~ae. No~ 4 de~e~ 15 mings ~ 102,2 percl~ m stone; ~hen~ by ~e, N~ ~ d~e~ 30 ~n~ West ~,5 ~r~s by ~e ~ae. Noah I de~ees 15 m~t~ ~st ~,5 ~r~es to S~nes a~ lan&s fo~erly of M~, V. Pentax, ~w or Paul E. Dick, Gramee herein: ~he,ce by ~id I~s, ~th 86 de~s ~ 122 pe~es to ~oaes a~ ~m~s formerly of Iia~y DJ&, now of C. K Snyder, &e Pl~ of Begi~. CONTAINING 234 acros and 150 perche~, strict measure. Le~s, I)owever a tract of{and containing 1 7 acres conveyed to Tboma~q and Betty S/ewan, l~y deed dated June 22, 1979 and recorded ill Deed Ik~ok "M'. Volume 28, Page 593. Tax Parcel #29-0A-0377-035 and 29~04-3774105 ~ 29-04-0377-030 'ami g9-04-0377-034 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE Plaintiff, PAUL E. DICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4895-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4895 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTEE Plaintiff (s) From PAUL E. DICK, 1100 ENOLA ROAD, AJK/A 671 OLD MILL ROAD, CARLISLE 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1100 ENOLA ROAD, A/K/A 671 OLD MILL ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifprnperty 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 ganfishee and is enjoined as above stated. Amount Due $95,821.02 L.L. $.50 Interest 11/6/03 TO 3/3/04 ~ $15.75 per diem = $1,858.50 Due Prothy 1.00 Atty's Corem % Atty Paid $113.45 Plaintiff Paid Date: November 10, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Other Costs CURTIS R. LONG eroth O' y Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, AS TRUsI'EE VS. PAUL E. DICK ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-4895-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attomey for BANK OF NEW YORK, AS TRUSTEE hereby verify that on November I11 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded licnholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o~ ~^ $ 01.500 0004300377 ,NOV 1 ! 2005 MAILED FROM ZiP CODE 19103 HAY 0 3 2~]~4 ~ O. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, AS TRUSTEE Plaintiff VS. PAUL E. DICK CIVIL ACTION NO. 03-4895 TYPE OF PLEADING: Motion flor Postponement of Sheriff Sale Defendant(s) PREMISES: 1100 ENOLA ROAD A/K/A 671 OLD MILL ROAD CARLISLE, PA 17013 Code and Classification 140 Civil Action Filed on behalf of Plaintiff Counsel of Record for this Party: FRANK FEDERMAN, ESQ. - PA I.D. #12248 FEDERM)dN & PHELAN One Penn (;enter at Suburban Station, Suite 1400 Philadelphia, PA 19103 Firm I.D. #23-2301814 13EDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 03-4895 PAUL E. DICK CUMBERLAND COUNTY AND NOW, this day of ~ Plaintiff's Motion to Postpone Sheriff's Sale of th mortgl~li~ , after consideration of property, it is hereby ORDERED that the said sale is extended _I month(s) to the regularly scheduled CUMBERLAND County Sheriff's Sale dated JUNE 9, 2004. No further advertising or additional notice to lienholder or defendant(s) is required. BY THE COURT: FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE PAUL E. DICK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CW1L DWISION 7NO: 034895 CUMBERLAND COUNTY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a _1 month postponement of its SheriWs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for MAY 5, 2004. 2. The Defendant is attempting to pay off the mortgage account. 3. The Defendant will not be injured by the granting of the relief inasmuch as the postponement will inure to their benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to JUNE 9, 2004. FEDERMAN AND PHELAN ~[k Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION NO: 034895 PAUL E. DICK CUMBERLAND COUNTY PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judicia, a Sheriffs Sale of the mortgaged premises has been scheduled for MAY 5, 2004. However, a _1 month postponement is requested to allow Defendant to pay off the mortgage account. Inasmuch as the postponement will inure to the benefit of the Defendant(s), Defendant(s) will not be injured by the granting of the relief requested. Accordingly, Plaintiffrespectfully requests a _1 month continuance of the Sheriffs Sale of the mortgaged premises to the JUNE 9, 2004 Sheriffs Sale. Respectfully submitted: Federman and Phelan [~aanl~ Fed~man,C~squire Attorney for Plaintiff VERIFICATION Frank Federman, Esquire, hereby states that he is the at~Iorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date:April 30. 2004 Frank Federman, (E~qmre Attorney for Plaintiff EEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, AS TRUSTEE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION NO: 03-4895 PAUL E. DICK 1100 ENOLA ROAD AJK/A 671 OLD MILL ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I, Frank Federman, Esquire, hereby certify that a copy of the Motion to Postpone Sheriff s Sale relative to the above matter has been sent to the individuals indicated below on April 30. 2004. PAUL E. DICK 1100 ENOLA ROAD A/K/A 671 OLD MILL ROAD CARLISLE, PA 17013 F~}l(Federman, E~ire Attorney for Plaintiff April 30. 2004 Bank of New York, as Trustee VS Paul E. Dick In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4895 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this walt is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 977.95 Posting Handbills 30.00 Advertising 30.00 Mileage 6.90 Levy 30.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 916.40 Patriot News 674.80 Share of Bills 29.32 Law Library .50 Prothonotary 1.00 $2776.87 paid by attorney 06/18/04 Sworn and subscribed to before me So Ans,b, ers: This dr.,O-da.y...~of (~_~ R. Thomas Kline, Sheriff Prothonotary Real Estate Sale # 29 On November 17, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 1100 Enola Road a/k/a 671 Old Mill Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 17, 2003 By: ~ Real Esta~ Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAc~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 salad Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphi~ in Miscellaneous Book Volume 14, Page 317. f,/~ PUBLICATION .............................. ~ ...... ; ~..~....L'. ...................... ' ............... COPY Sworn to and subscribed bet ~his 23rd da~f Fe, la'~ary 2004 A.D. Tern/L. Russell, Notary Public City Of Harrisburg, Dauphin Cou~ My Commlss~on Explres June 6, 2006 NOTARY PUBLIC Memba-,pe~myk, anlaAs~:t~on Of~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates Total $ 674.80 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL ESTATE SALE No. 29 Writ No. 2003-4895 Civil Term Bank of New York, as'~'ustee Vs Paul E. Dick Atty: Frank Federman DESCRIPTION TRACT NO: I: ALL that certain ~ct of farm land, ogetber vfith thc improvements thereon erected, situate in L~wer Fmnkthrd Townsh p, Cum~erlaed County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center ~ine of Legislative Route 21004, which point is on the line of ~md now or formerly of William P. Warner and q511ie Marie Warner, and which po nt is 1022.94 feet Southwardly along said center line from the center line of Route No. 944; thence by said lands now or formerly of William E Warner, et ux, Noah 89 degrees East 425.7 feet to an iron pin: thence by the same, North 80 degrees 39 minutes 57 seconds East 68436 feet to a post on the line of lands now or formerly of Edgar Bartles; thence by said lands South 59 de;rices 56 minutes 23 seconds East 245 feet to a post: thence by the same, SomJ 52 degrees 29 minutes 30 seconds East 517.3~ feet to a stake; thence by the same and crossing a run, North 62 degrees 47 minutes East 354.42 feet to a white oak tree; thence again crossing t;aid mn and along lands now or formerly of William Wilders, South 20 degree 34 minutes East 116 feet to a point in the center tine of an abemioned lane; thence by sa d center line and said lands the following courses and distances; South 48 degrees 47 minutes East 96,65 feet to a point; South 68 degrees 25 minutes East 182.77 feet to a point; South 44 degrees 34 m~ .E~t 256A7 feet to a point; thence by hu~s ~ or formerly of TI1Mdeus 6ocde et ux, So~th 18 deg:~es 29 minutes West 27.98 feet to a point; thence by the same, So~h ~ degees 15 minutes West 310,65 feet to a po~iI thenc~ by the ame, South 65 degrees 7 minute~ West 995.8 feet to a post; thence by the sanle South 22 degrees 41 minutes East 830.84 feet to a hickory tree; thence by the same, South 0 degrees 24 minutes West 347.14 feet to a stone in a mad; hence in said road, South 60 degrees 59 minutes West 314.83 feet to a spike n said road; thence b~t lands now or formerly of Robert Kurtz, North 73 degrees 0 mnu es West 505.87 feet to a post; thence by the same, South 5 degrees 32 mnu e~ West 73.75 feet to a point in the center line of a public road, L.R. 21004; thence along said cen~ ina, the follow ng courses and distances; North ?0 degrees 41 minutes West 60,47 fee o a po at; North 82 degrees 20 minutes West 58.44 feet to a po n North 86 degrees 2 minutes West 121,5 feet to a point; North 80 degrees 29 minue 63.93 feet to a point; North 70 degrees 34 mthut~ West 72.3 the~ to a point; Noah 61 degrees 33 minutes West 158.4 feet to a point; North 258 degrees 38 minutes West 59 feet to a point; No~ 47 degrees 13 minutes West 50.45 feet to a point; North 30 degrees 29 minutes West 49.13 feet th a point: North 17 degrees 57 minutes West 47,~3 feet to a point; North 12 degrees 52 minutes 539.85 feet to a point: North 13 degrees ~3 mnutes West 326.2 feet to a point; North)8 degrees 50 minutes West 113.15 feet to a poi~ North 24 degrees 49 minutes West 119.35 fee[ to a point; North 19 degrees 49 minutes West 65~36 feet to a point; North 13 degrees 52 minutes 140.8 feet to a point; Noah 5 degrees 52 min~ West 50.95 feet to a point; Noah 9 degrees ~ minutes East 42.72 feet to a point; Noah:~ de; ee 0 minutes East 54.57 feet to a ~ North 36 degrees 9 minutes East 35.95 fee to a ~otht' North 37 degrees 33 ,ninutes East 593 a'point; ~-orth 20 degrees 36 minutes 56.05 feet to a point; North 10 degrees 25 mint~ Eas 49.35 feet to a point; North 0 degrees 33 minu es West 54 7 feet to a point; North 7 del~ 56 m nutes West 220.1 feet to a point, the plac~ ~f Beginning The aforesaid premises are according to a survey of Noel B. Registered Surveyor, dated December 7, ~970 ~d contmns 83 946 acres. Less that lot convey~l to Elweod T. Hay and Ann E. Hay, his wife, by ~ dated February 25, 1986 and recorded in ~ Office of he Recorder of Deeds in Cumberland County, Pennsylvania, in Deed ~ iTL Voume 3 Page 13 and boing furitm' describod as Lot No. 2 on the Ftha SuM ~ Plan for Russell E. Taylor made by Steph~ S. Fisher, Registered Surveyor, dated lanuar~ 11 1986 and recorded in Cumberland Coun~y'l~ Book 49, Page 97 TRACT NO. 2: ALL that certain pi~Or pamai of land with the improvements t~ situate n North Middleton Township, Comity of Cumberland and State of Pennsy vania, Ixvatld~d and described as follows, to wit: BEGINNING at stones at land formefll~ Harry Dick now ofC. K. Snyder; the~l~ said lands, South 16 degrees 30 minutes Edit ~'/6 porches m a white oak; thence by the 2 fl degrees East 6 porebos to a point a~ road; thence by lands formerly of Jacob now of Walter Meloy~ South 71 degx~a minutes West 112.5 porches to a point at formerly of ~fillie ~. Dick now of Hat~y .~._; thence by said lands, North 31 degrees WeS. 43.6 perches to a point come of land now or of william Long; thence by said l~ds, Nefih 81 fl degrees East 15.1 porches to stones; same, North 37 degrees West 36.7 poral~a stone n public road; thence North 44 a~ Eas 9 3 porches to a point at side of roed~ by land now or formerly of A bert ~homa$, _N~llh 46 :e degrees West 47 perches to a point of lands formerly of A. L Bierbower, Audrey B. Baldwin; thence by the same, ~4 degrees 15 minutes East 102.2 perches ~tutes West 54.7 ketto a point North 7 degrees - ~ -;~lands North31 degmesWe$~ s oaes at lands fo~e~ly of Mn. V. Pe~ sure Les however a ~a PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 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 tree. REAL E~TA~E 8A/.~ NO. 29 Writ No. 2003-4895 Civil Bank of New York. as q~ustee VS. Paul E. Dick Atty.: Frank Federman LEGAL DESCRIPTION TRACT NO. 1: ALL that certain tract of farm land. together w/th the improvements thereon erected, situ- ate in Lower Frankford Township. Cumberland County. Pennsylvania. bounded and described as follows: BEGINNING at a point in the cen- ter line of Legislative Route 21004, which point is on the line of lands now or formerly of WilBam p. Warner and Tillie Marie Warner. and which point is 1022.94 feet Southwardly along said center line from the cen- ter line of Route No. 944; thence by said lands or formerly of William p. Warner. et ux. North 89 degrees East 425.7 feet to an iron pin; thence by the same. North 80 de grees 39 minutes 57 seconds East 684.56 feet to a post on the line of .J~r~d~n0w or forna~rly of Eda~,- ~)qa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Arty,: Frank Fcderman TRACT NO, 1: ALL that certain tract of farm land, together with the improvements thereon erected, situ- Cumberland County, Permsylvania. bounded and described as follows: BEGINNING at a point in the ten ter linc of Legislative Route 21004, which point is on the line of lands now or formerly of Willimm P. Warner and Tlllie Marie Warner, and wl~ch point Is 1022.94 feet Southwardly along said center line from the cen- ter line of l%ute No. 944; thence by said lands or formerly of William P. Warner, et ux, North 89 degrees East 425.7 feet to an iron pin; thence by the same, North 80 de- grees 39 rainutes 57 seconds East 684.56 feet to a post on the linc of lands now or formerly of Edgar Bartles; thence by said lands South 59 degrees 56 minutes 23 seconds East 245 feet to a post; thence by the same, South 52 degrees 29 min- utes 30 seconds Bast 517.31 feet to a stake: thence by the same and crossing a run, North 62 degrees 47 minutes East 354,42 feet to a white oak tree; thence again cross- ing said run and along lands now or formerly of William Wilders. South 20 degrees 34 minutes East 116 feet to a point in the center line of an abandoned lane; thence by said center line and said lands the fol- lowing eom'scs and distances: South 48 degrees 47 minutes East 96.65 feet to a point; South 68 degrees 25 minutes East 182,77 feet to a point; South 44 degrees 34 zrdnutes East 256.47' feet to a point; thence by lands now or formerly of Thad- deus Goode Holte. et tuC South 18 degrees 29 irdnutes West 2?.98 feet to a point; thence by the same, South 88 degrees 15 rainutes West 310.65 feet to a post; thence by the same, South 65 degrees 7 minutes West 995.8 feet to a post: thence by the same, South 22 degrees 41 minutes East 830.84 feet to a hlckary tree: thence by the same, South 0 grees 24 minutes West 347. 14 feet to a stone in a road; thence in said road, South 60 degrees 59 minutes West 314.83 feet to a spike In said road; thence by lands now or for- merly of Robert Kurtz, North 73 degrees 10 minutes West 505.37 feet to a post; thence by the same. South 5 degrees 32 minutes West 73.75 feet to a point in the center line of a public road, L.R. 21004; thence along said center line, the following courses and distances: North 70 degrees 41 minutes West 60.47 feet to a point; North 82 grees 20 minutes West 58.44 feet to a point; North 86 degrees 2 min- utes West 121.5 feet to a point; North 80 degrees 29 trdnutes West 63.93 feet to a point; North 70 de- grees 34 minutes West 72.B feet to a point; North 61 degrees 33 mitt utes West 158.4 feet to a point; North 58 degrees 38 minutes West 59 feet to a point; North 47 degrees IB minutes West 50.45 feet to a point; North 30 degrees 29 minutes West 49. 13 feet to a point; North 17 degrees 57 minutes West 47.65 feet to a point: North 12 degrees 52 minutes West 539,35 feet to a point; North 13 degrees 23 minutes West 326.2 feet to a point; North 18 degrees 50 minutes West 113.15 feet to a point; North 24 degrees 49 minutes West 119.35 feet to a point; North 19 degrees 49 minutes West 65.36 feet to a point; North 13 degrees 52 minutes West 140,8 feet to a point; North 5 degrees 52 minutes West 50.95 feet to a point; North 9 degrees 54 minutes East 42.72 feet to a point; North 25 de grees 10 minutes East 54.57 feet to a point; North 36 degrees 9 mln utes East 135.95 feet to a point; North 32 degrees 33 minutes East SWORN TO AND SUBSCRIBE 30 day of JANUAR'~ "point; North 13 degrees 23 minutes West 326.2 feet to a point; North 18 degrees 50 minutes West 113.15 feet to a poinl; North 24 degrees 49 minutes West 119.35 feet to a point; North 19 degrees 49 minutes West 65.36 feet to a point; North 13 degrees 52 minutes West 140,8 feet to a point; North 5 degrees 52 minutes West 50.95 feet to a point; North 9 degrees 54 minutes East 42.72 feet to a point; North 25 de grees 10 minutes East 54.57 feet to a point; North 36 degrees 9 rrdn utes East 135.95 feet to a point; North 32 degrees 33 minutes East 59.3 feet to a point; North 20 de- grees 36 minutes East 56.05 feet to a point; North 10 degrees 25 min- utes East 49.35 feet to a point; North 0 degrees 33 minutes West 54,7 feet to a point; North 7 de- grees 56 minutes West 220.1 feet to a point, the place of Beginning. The aforesaid premises are de scribed according to a survey of Noel 13. Smith. Registered Surveyor, dated December 7, 1970 and con- rains 83,946 acres. Less that lot conveyed to Elwood T. Hay and Ann E. Hay, his wife, by deed dated February 25, 1986 and recorded in the Office of the l~ecorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Volume 31, Page 13 and being fur- ther described as Lot No. 2 on the Final Subdivision Plan for Russell E. Taylor made by Stephen G. Fisher. Registered Surveyor, dated January 11, 1986 and recorded in Cumberland County Plan Book 49, Page 97. TIRACT NO. 2: ALL that certain piece or parcel of land with the im- provements thereon situate in North Middleton Township, County of Cumberland and State of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at stones at land formerly of Harry Dick, now of C. K. Snyder; thence by said lands, South 16 degrees 30 minutes East 276 perches to a white oak; thence by the same, South 2 1/2 degrees East 6 perches to a point at public road; thence by lamds formerly of Jacob A. Dick, now of Waiter Mcloy, South 71 degrees 30 minutes West 112.5 perches to a point at lands formerly of Tillie 13. Dick now of Harry Ronan; thence by said lands, North 31 degrees West 43.6 perches to a point corner of land now or for- merly of William Long: thence by said lands, North 81 1/2 aegrees East 15.1 perches to stones; thence by same, North 37 degrees West 36.7 perches to stone In public road; thence North 44 3/4 degrees East 9.3 perches to a point at side of road; thence by land now or for- merly of Albert Thomas, North 46 3/4 degrees West 47 perches to a point at corner of lallds formerly of A. L. Bierbower, now of Audrey B. Baldwin; thence by the same, North 4 degrees 15 minutes East 102,2 perches to stone; thence by same, North 80 degrees 30 minutes West 46.5 perches to a point; thence by the same, North 1 degree 15 mln utes East 96.5 perches to stones at lands formerly of Mrs. V. Penrose, now or Paul E. Dick, Grantee herein; thence by said lands, South 86 de grees East 122 perches to stones at lands formerly of Harry Dick, now of C. K. Snyder. the Place of Beginning. CONTAINING 234 acres and 150 perches, strict measure, Less. how- ever a tract of land containing 1.7 acres conveyed to Thomas and Betty Stewart, by deed dated June 22. 1979 and recorded in Deed Book 'M' Volume 28, Page 593. Tax Parcel #29-04~0377-035 and 29 04-377-005 and 29-04 0377- 0B0 and 29-04 0377-034. Cumberland County Plan klook 49, - Page 97. TRACT NO. 2: ALL that certain piece or parcel of land with the im provements thereon situate in North Mlddleton Township. County of Cumberland and State of Pennsyl vania, bounded and described as follows, to wit: BEGINNING at stones at land formerly of Harry Dick, now of C. K. Snyder: thence by said lands. South 16 degrees 30 minutes East 276 perches to a white oak; thence by the same, South 2 1/2 degrees East 6 perches to a point at public road: thence by lands formerly of Jacob P~ Dick, now of Walter Meloy, South 71 degrees 30 iainutes West 112.5 perches to a point at lands formerly of Tlllie B. Dick now of Harry Ronan; thence by said lands, North 31 degrees West 43.6 perches to a point corner of land now or for- merly of William Long; thence by said lands, North 81 1/2 degrees East 15.1 perches to stones; thence by same, North 37 degrees West 36.7 perches to stone in public road; thence North 44 3/4 degrees East 9.3 perches to a point at side of road; thence by land now or for- merly of Albert Thomas, North 46 3/4 degrees West 47 perches to a point at corner of lands formerly of A. L. Bierbower, now of Audrey B, Baldwin; thence by the same, North 4 degrees 15 minutes East 102.2 perches to stone; thence by same, North 80 degrees 30 minutes West 46.5 perches to a point; thence by the same, North 1 degree 15 min- utes East 96.5 perches to stones at lands formerly of Mrs. V. Penrose, now or Paul E. Dick, Grantee herein; thence by said lands, South 86 de- grees East 122 perches to stones at lands formerly of Harry Dick, now of C. K. Snyder. the Place of Beginning. CONTAINING 234 acres and 150 perches, strict measure. Less, how ever a tract of land containing 1.7 acres conveyed to Thomas and Betty Stewart, by deed dated June 22, 1979 and recorded in Deed Book 'M' Volume 28, Page 593, Tax Parcel #29-04-0377-035 and 29 04-377-005 and 29 04 0377- 030 and 29-04 0377 034.