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HomeMy WebLinkAbout03-4997 FEDERMAN 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 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PLANO, TX 75024 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 03 - 4'tQ7 Cu.\tr~ v, CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR" DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 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 rights important to you. 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 MAYBE 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, P A 17013 (717) 249-3166 File #: 49741 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 WITHIN 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 AFI'ER 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 #: 49741 1. Plaintiff is BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known addressees) of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR, DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PAl 7257 who islare the real owner(s) of the property hereinafter described, 3. On 03/31/1999 mortgagor(s), CATHERINE P. CHAMBERS AND LUTHER W. CHAMBERS, JR" made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1535, Page 564. By Assignment of Mortgage recorded 10/15/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 681, Page 3519, 4. The premises subject to said mortgage is described as attached, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2002 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 #: 49741 6, The following amounts are due on the mortgage: Principal Balance Interest 02/01/2002 through 09/16/2003 (Per Diem $22.59) Attorney's Fees Cumulative Late Charges 02/01/2002 to 09/16/2003 Cost of Suit and Title Search Subtotal $68,459.31 13,395.87 1,250.00 769.52 $ 550.00 $ 84,424,70 Escrow Credit Deficit Subtotal 0.00 1,252,94 $ 1.252,94 TOTAL $ 85,677.64 7. 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, 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9, This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10, By virtue ofthe death of CATHERINE p, CHAMBERS on 2/10/02, LUTHER W, CHAMBERS, JR, became the sole owner of the mortgaged premises as surviving tenant by the entireties. II. Mortgagor, LUTHER W. CHAMBERS, JR, died on 7/26/02, and upon information and belief, his heirs or devisees, and personal representative are unknown, 12, Plaintiff contacted the Register of Wills of CUMBERLAND County and was informed as of 9/16/03, no estate has been raised on behalf of the decedent mortgagor. File #: 49741 13. Plaintiff hereby releases CATHERINE p, CHAMBERS AND LUTHER W. CHAMBERS, JR., from liability for the debt secured by the mortgage, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 85,677,64, together with interest from 09/16/2003 at the rate of$22.59 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, y:~RMA~ AND PHELAN, L B : '#M1-" ~ #L RANK FEDERMAN, ESQU LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 49741 MADE th~ t. day iJr.-/.JJ:t./ /(A . In the year of nineteen hundred and ninety-nine (1999);BETWEEN, RANDY G: BIGLER and CAROL D. BIGLER, husband and wife, of 1535 Sparkman Drive NW, Suite 221, Huntsville, Alabama, hereinalter referred to as the Grantors, AND, LUTliER W. CHAMBERS and CATHERINE p~ CHAM~ERS, husband and wife, of 2'We5t ,:,t-;f....UII.1 f"~ Newburg, pennsylVd' ,la, hOtGinafter referred to as the Grantees, WITNESSETH, that In consJderatlon or the sum of NJnety Nine Thousand Nine Hundred ($99,900,00) Dollars, in hand paid, the receipt Whereof, is hereby acknowledged, the said Grantol'S do hereby grant and convey to the said Grantees, theJr heirs and assigns; ALL of that certaIn lot of ground with a brick dwelllng house and frame stable thereon erected, situated in Shippensburg Township, Cumberland County, _ Pennsylvania, and known as 225 SOuth Earl Street, bounded and described as follows; BEGINNING at a stake on the Southern edge of the Right of Way of the Philadelphia & Reading Railroad (me Reading Company) Where It intersects the Right of Way of the Pennsylvania Railroad (C.V. Division); thence SOuthwardly with the line of the RIght of Way of the said Pennsylvania Railroad along South Earl Street, extended to a stake; thence EastWardly across tI'le said street on road and along the line I'lOW or formerly of said Atlantic Refining Company; thence Southwardly with the said Atlantic Refining Company 100 feet to an Iron post previously loCated near the 011 tank of the saId Company; thence Northwardly 46.25 degrees East 186.5 feet to IIn Iron Pin at land now or formerly of Wilbur E. IInd David F. Detwiler; thence with the said land now or formerly of Detwiler, Northwardly :23 degrees West, 257 feet to the Southern edge of the Right of WilY of The Reading Company near a dump of locust trees; thence Westwardly with the said railroad to the place of BEGINNING. LESS, II certain strip of land conveyed to The Reading Company described as follows: BEGINNING at a stake on the Southern edge of the Right of Way of The Reading Company at comer of lands now Or'" formerly of Wilbur E. and David F. DetwUer; thence South 26 degrees 19 minutes East, 28.05 feet to a stake; thence with land now or formerly of Harry McE/hllre and Emma McElhare, hIs wife, North 88 degrees 13 minutes West, 215,51 feet to a .lake at IlInd now or formerly of the Pennsylvania Railroad; thence North 12 degrees 30 minutes West, 25.43 feet to a stake on the Right of Way or The Reading company aforesaid; thence with the said Right of Way to the place of BEGINNING. CONTAINING 109{1000 acres .old and conveyed out of the land first aforesaid by Harry McElhare and Emma McElhare, his wife, to The Reading Company, VERIFICATION hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC, mortgage servicing agent for Plaintiff in this matter, that he 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 his 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 unsworn falsification to authorities. MMD.VJ;.f DATE: Q!lo{o6 N(J~ tL~~ ~ w ~ ~ 0 () v, 0 - 1 __ -.l) -V ~)...J Q ~ r- 1- (-.'. o e -, SHERIFF'S RETURN - REGULAR CASE NO: 2003-04997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORJ VS CHAMBERS LUTHER W JR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS LUTHER W JR UNKNOWN HEIRS the DEFENDANT , at 1156:00 HOURS, on the 24th day of September, 2003 at 225 SOUTH EARL ST SHIPPENSBURG, PA 17257 by handing to CORY CHAMBERS, GRANDSON OF LUTHER CHAMBERS JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 18.00 13.80 .00 10.00 .00 41.80 r~~ R. Thomas Kline 09/25/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: ..-.;1 ~~n(..A Deputy Sheriff- me this 2",""^- day of (7) c.:t:b.-lL,_ ,2{ro::' A . D . (/ 1 .~_ f) ~ ~ ~rot'honotary , b OCT 0 2 Z003 \f FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY I.D, #62695 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 v. NO. 03-4997 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR, DECEASED CUMBERLAND COUNTY ORDER AND NOW, this b fL day of D cJ ,2003, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of court, if is hereby; ORDERED that Plaintiff may obtain service of the Reinstated Complaint on UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED by mailing a true and wrrect copy of the complaint by Certified mail and Regular mail,,_ by posting the mortg.alled lILetn!ses at 225 SOUTH EARL STREET, Sl}IPPE~SBT,JRIj!,.P~ 17257.:nd l. ~ Pf L:.1t l?11Q}) VJf-C;- I~ ~ 17f'-1.s;ft~pU J6 cnO;'> I G:lri"'ul.:>h..... 14, ~:;::Ld;l')c:: ~O'U)+l 2F>c!r"IJ'c.l',,-JoCJj,J,4f(!o. Service of the aforementioned mailings is eftective upon th~ date of nu:iling and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of Service, L.>J' '1 ~ ~~ <'(0 \o~o IfIN\l^lASNN:J.d ') l'ln"'-' ,-" ,....." ''''r"',,,~r'\ \.,:\; ,i J '", ,,,-,-~,,,~ 'Ii! Iv ~l' ." !I.1 9-1'''U' "f) u '" .v ..(l ~ - J v,- J1NJ()i\lC;,":,~ '_ L dO 38!HCHEJT: FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ" Id, No, 12248 LAWRENCE T. PHELAN, ESQ" Id, No, 32227 FRANCIS S, HALLINAN, ESQ., Id, No, 62695 ONE PENN CENTER PLAZA, SillTE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE COURT OF COMMON PLEAS Plaintiff CNIL DNISION vs. CUMBERLAND County LUTHER W, CHAMBERS (DECD) CATHERINE p, CHAMBERS (DEC'D) No. 03-4997 CNIL Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE: FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matte. FEDERMAN AND PHELAN, LLP BY:~ -~'? , FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff Date: October 20, 2003 /jeh, Svc Dept. o s. ri~ ~"":: z::".- -;C. 1 12:'- ~:: :{~(-" ::<c' c:J (,_0 :-:> n --I N C,) ~J ::1: 0.,) '.) (...J C) ~1'1 --\--: .'r'" (T: ,~.., I" C) -, C, no SHERIFF'S RETURN - REGULAR CASE NO: 2003-04997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS CHAMBERS LUTHER W JR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAMBERS LUTHER W JR UNKNOWN HEIRS the DEFENDANT , at 1657:00 HOURS, on the 3rd day of November, 2003 at 225 SOUTH EARL ST SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 225 SOUTH EARL STREET SHIPPENSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 13.80 6.00 10.00 .00 47.80 '~~T~/<~~ R. Thomas Kline 11/04/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~~j~~~f me this 6~ day of ~ .J.v-o-3 A,D. (/~l. (j 1n,R.~ >,~ f~honotary FEDERMAN AND PHELAN BY: FRANKFEDERMAN,ESQUIRE Identification No, 12248 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 'i) 'ih'1-7000 Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED CUMBERLAND COUNTY : NO. 03-4997 CIVIL TERM Defendant( s) AFFIDAVIT OF SERVICE OF COMPLAINT RY MAlT, PTJRSTJANT TO rOTJRT OROF,R I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED at 225 SOUTH EARL STREET, SHlPPENSBURG, P A 17257 on NOYF,MRRR 11,2003 , in accordance with the Order of Court dated OCTOBER 6, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, ~4904 relating to unsworn falsification to authorities, ~7 - Date: Nnv"mh"r?O ?00'1 , ESQUIRE E 1_, , ' tS -0 ,~ s ~ z o -< N U1 --< ;:c "-r. l"np; -,,,~r,' -p o --I ~.~ ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No, 12248 Suite 900 - Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE COURT OF COMMON PLEAS vs. CIVIl, DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDERLUTHER W, CHAMBERS, JR., DECEASED CUMBERLAND COUNTY No. 03-4997 CIVIL TERM AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated as indicated below: By publication as provided by Pa. R,C.P, Rule 430(b)in in Cumberland Countv Law Journal on November 7. 2003 and The News- Chronicle on November 7. 2003 and The Sentinel on November 19. 2003, Proofs of the said publications are attached hereto. The undersigned understands that this statelnent is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ___.7 DATE: December 17, 2003 :;..--- FED , ESQUIRE I JRH, Svc Dept. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumal, 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 NOVEMBER 7, 2003 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. -- SWORN TO AND SUBSCRIBED before me this 07 day of _NOVEMBER. 2003 SEAL LOIS E, SNYDER, Notary Public Carlisle Boro, Cumberland COII1ly My Commission Expires Man:h 5, 2005 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No, 03-4997 BANK OF NEW YORK. AS TRUSTEE. PLAINTIFF vs, UNKNOWN HEIRS, SUCCESSORS. ASSIGNS. AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE. OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS. JR. DECEASED. DEFENDANT(S) NOTICE TO UNKNOWN HEIRS. SUCCES- SORS, ASSIGNS. AND ALL PER- SONS. FIRMS. OR ASSOCIA, TIONS ClAIMING RIGHT. TITLE, OR INTEREST FROM OR UN- DER LUTHER W, CHAMBERS. JR.. DECEASED: You are hereby notified that on September 19. 2003. Plaintiff. BANK OF NEW YORK. AS TRUSTEE. rued a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERlAND County Penn- sylvania. docketed to No. 03-4997 CML 1ERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at: 225 SOUTIf EARL STREET. SHIPPENS- BURG, PA 17257, whereupon your property would be sold by the Sher- iff of CUMBERlAND County, You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend. you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that tf you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the reltef re- quested by the platntiff. You may lose money or property or other nghts tmportant to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OF- FICE 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 LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE, LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carllsle. PA 17103-3302 (717) 249-3166 FRANK FEDEHMAN. ESQUIRE FEDERMAN & PHELAN. L,L.P, Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia. PA 19103 (215) 563-7000 Nov. 7 3 . . PROOF OF PUBLJCATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director af THE SENTINEL, af the Caunty and State afaresaid, being duly swam, depases and says that THE SENTINEL, a newspaper af general circulatian in the Baraugh af Carlisle, Caunty and State afaresaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said Caunty, and that the printed natice ar publicatian attached hereto. is exactly the same as was printed and published in the regular editians and issues af THE SENTINEL an the fallawing dates, viz Copy of Notice of Publication NoncEaFAc~N~~AGEFORECLaSURE IN Y"'.OIJUM',OF'X'ItIlIOfffllLMS JOF etJBIIIf1LA..COUNTY r .....nVANIA . CIVILACiIlON-LAW . , '" NClUlSo",,?, , BANK aF N,EW yaRK,AS TRUSTEI, Pl-AltjTrFF , ,VB, " , UN~~JimIuI, . S~ QSOd ~SJlGIt8, AND ,.w~. "" , .__...ttDmONS CLAIII~G _. .. OR _EST FROM 'f';'~:'---'..UIM 'w'A~-' I ~-... (!l;,',,:,\.if'. _ ~Jt~,D"'M"~ ':;i,JIlot1ce ..' < _:~~l.\E~,f'i:i,.' ". . ,:m..;~~~ IINDER LUTHER W, ,CHAMBERS. ~".. DECl'ASeQ: YOll AAtI1IiREB\'N01'tF~TltA+QI'lS~ER 1, s. 2, 003.l>U.I"fllFF. B,\NI\' Of "fEW VQRK, AS ~~~~~~~ "'Wh--'~~to.'~7.<WIlTE~, ,- PliIrlidll..... to lOIOciloft'liI\ tho mc>llOoge _unod on your PJOll8rly _.t 225 SOUTH =~~~,",~~~,~2~.it~- ~='=~='tOmthe ,eta.e of-,,* pubNGaUonor-.Judgment*lHtJe8ntered '.lnstyou. - NOTlC:I mUato"lo.r t ,,~_ " rby , yi@.'~_Yila= . you wllllOllUurthor, for thO I8I1et1\lqUeatad by ~~':::~brna,y ~o.....y or Properly 01 other Y.au SHQUUHA~TH\8 NOTICE TO YOUR U.WVI!f!.AtONCE,I~OU DO NC1T'HlI,VE A ~TIII_~L__,__ .,., 116GW, T..-ICE,CANNIOIIlOE IF_~;T~;;;o~:::~:.tHIS OFFICEMAY8e TO(l>FtlilV!DE,YOO WITH :;':,t."tWm~W~JONS AT A REDUCl,ED FEE OR NO FEE., , U.WVER REFERRAL S11RVICE CUMBERi.AIlo DOUNTY aABASSQCIATION S2 SOUTH BEDFORD STREET CARLISLE; PA17103-3302 71i .11 a...~, November 19, 2003 Affiant further deposes that he 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 ~:-; / / November 19, 2003 Sworn to day of subscribed before me this November , 0 3. .;l9th My commission expires: NOTARIAL SEAL DARCIE A. NEil. Notary Public Cartisle. Cumbe'rland County My Commission !;:lIpi~, 24,_2.0.05, Proof of Publication of Notice in The News-Chronicle COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA William J. Mansfield, Inc. Andrew J. McMullin, being duly sworn according to law, deposes and says that he is the Editor of "The News-Chronicle," which is a bi-weekly newspaper of general circulation published in Shippensburg Township, Cumberland County, Pennsylvania, by Latrobe Printing and Publishing Company, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania having its principal place of business at 1011 Ritner Highway (P.O. Box 100), Shippensburg, Pennsylvania; that he is authorized to and does make this affidavit on its behalf; that the printed notice, advertisement of publication attached hereto is the same as was printed in the regular editions and issues of "The News-Chronicle" on the following date(s) November 7.2003 Copy of Notice of Publication Affiant further deposes that neither he nor "The News-Chronicle" and The Latrobe Printing and Publishing Company have any interest in the subject matters of the aforesaid notice or advertisement and that the facts set forth in the foregoing affidavit is true and correct. ~ W~~_~__________~~ ~__,.*",,~,...~~t" ~~~~'~"!"l'~~~:~j.{f,'t~ ':5.~~,;>1 , ,Va. ~Il~~ 1 ,I,~' .~~);~" t.,,: .Maiil ~ ""'''' ."'."'" _ """:,'",,,,;,,",)l.""~" "'&be' J~,~ ' ,;",.di "":' "s:,;f::;' .'... 'FM.;(fl'Ill IJI , i,;".: "", ';;','Ii:;;', c~" tot' ~. n IHllU.Illl6"',,' , , 'i" "':'~ ' .lill "ltRllMOIU"'~IRIJI!l. ,>,' " ... le,,,;i,,: 'lHI1"'-U".fl.,GIlie'l l!Il:lliIIIIW J1~ ," " """" >.1 ' , ':~: :', i , Sworn and subscribed before me this I () Day of P\1l'emOOr;2003 (\ b{~_~__mm Notary Public 19~'" ~'~; "'"',,. '::':, To: "The News-Chronicle" Shippensburg, P A 17257 For publishing the notice attached hereto: On the stated date(s) ......,...., Affidavit .., ,.....,.....". ..."... Total..,......".."......,...""., NOTARIAL SEAL I PAMELA A. SWITALSKI Notary Public ShIPpensburg. Cumberland County My Commission Expires Feb 9,2004 ",.. .,.,Wi, J ~ (") c <" ......."'::?'c rr.il.-' t;lr --<., ~.~(- )'~~ - " '.:-;.,. f~L.. 2': :'"2 ~ = <= ....., c:? Pi n o..D -~ :'~;~ e0 OJ o -n ::;! f~i:'O r" -ern :nO 0' 3::!~ r;:?~~i 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 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO. 03-4997-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED Defendant(s). 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 UNKNOWN HEIRS. SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS. OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR.. DECEASED, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/17/03-1/7/04 TOTAL $85,667.64 $2,552.67 $88,220.31 I hereby certify that (I) 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. ~1t "-s\~a~, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, J DATE: (-q - bY (CA~<l f\ ~J'J PRO PROTHY \1\1' U "', (:;:;;, e..:::> ...; --n t: ::;1 fi~=--:- u::; -nj'"l'; c,"C ,- ::::;c .,.....;.. , ),- >c',"t. -::::) f"'~ ",.' ,g- U~ , FEDERMAN AND PHELAN, LLP 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 (? 1 'i) 'i61-7000 FILE COpy ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs, : CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS : NO, 03-4997 CIVIL TERM CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LVTIffiR W, CHAMBERS, JR, DECEASED Defendants TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR, DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: ORCRMBRR 10,2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, 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 DEF AUL T 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 DAYS FROM THE DATE OF THIS NOTICE, A WDGMENT MAYBE 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 MAYBE 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LA WRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff -__I ,..., ,---',:::> (-~'~~ C -;'-1 .-~ <- -''',..' -- . - \.0 _A~:: c' FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-4997-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED is over 18 years of age and last name address was 225 SOUTH EARL STREET, SHIPPENSBURG, P A 17257. This statement is made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. dt'\ It ~jt~ m..Dri-, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff \\~~ ~ r= ~ :~ \.J I) f ~)~ -- ~c \..N "(" , . v.-i'----' _ U.l W C> ~ C><1 r -5 ~0 ('" rei ----""', t; F u:, :! .,"f (l ~~~ c :;:~ '-- ~:~ I ~_::) c' -"', - c:; ..:'1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P, 3180-3183 BANK OF NEW YORK, AS TRUSTEE Plaintiff, v. No.03-4997-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $88,220.31 j Interest from 1/8/04 to JUNE 9, 2004 (per diem -$14.50) $2,233.00 and Costs TOTAL $90,453.31 ~4u\ It ~ ~~rlul~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ... = " ~ " z ... ~ ..... <~ III ..... ...f;l;l ..... UeIl ... ell < < Zf;l;l =- OU g ...f;l;l ""'~ < . ;:J tl~ ~ ell o . Z ~~ f;l;l =- ....~ <f;l;l =- Cl:~ ... O~ O~ Z = f;l;l 0 ell ell> f;l;l .< ... ... ~;;: ell = ""' ""' ~~ f;l;l ell ;:J ~ "'eIl ; U -d =-Z S~ ~~ Zz ""' " ""' .Cl: ~~ ell i': Of;l;l ell eIlf;l;l f;l;l = ~ " ~=- < Z= .... ~ <= '" ~ . 0"", 0'" e:<] " ~ .n O~ eIl;:J ""' ::: ..::lP,: f;l;l ~ UZ .; ~... ~~ = a ....;:J 0 .. =-Cl: ~i ""' >< ~~ '" 00 ...f;l;l ;:J .... "",U ~ ~~ Cl:~ 0 " g. Cl:~ f;l;l 01:: ell Po ;:J~ Z ~;:J .... 0 ~~ III " .... ZCl: f;l;l6 ..... .... 8;j ~J ..... " 0 <0 =- ~ ... f;l;lf;l;l ~ <Zi'~ U Vi '" =~ ~ ~O ~ fI) r") c-::;. Q) ;.,- lo-; '--- c:::::> ""'~ i;jg: "0 ' .... ~ "0;-- "'- Z;:J ~r"' --' ...u ell"", =- ~ ) -:-'.~.' <ell , .~ tJ....:; ~f;l;l 0"", - , eIlz - ell... f;l;lCl: .i- t30 -< (.r~ ;:J . eIlf;l;l .... ~t: ...""' f;l;l = ~ 0 ~ Z ;:J ALL OF THAT CERTAIN LOT OF GROUND WITH A BRICK DWELClNG HOUSE AND FRAME STABLE THEREON ERECTED, SITUATED IN SHI,PPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND KNOWN AS 225 SOUTH EARL STREET, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE PHILADELPHIA & READING RAILROAD (THE READING COMPANY) WHERE IT INTERSECTS THE RIGHT OF WAY OF THE PENNSYLVANIA RAILROAD (C, V. DIVISION); THENCE SOUTHW ARDL Y WITH THE LINE OF THE RIGHT OF WAY OF THE SAID PENNSYLVANIA RAILROAD ALONG SOUTH EARL STREET, EXTENDED, TO A STAKE; THENCE EASTWARDLY ACROSS THE SAME STREET OF ROAD AND ALONG THE LINE NOW OR FORMERLY OF THE ATLANTIC REFINING COMPANY TO AN IRON POST AT CORNER OF LAND NOW OR FORMERLY OF THE SAID ATLANTIC REFINING COMPANY; THENCE SOUTHW ARDL Y WITH THE SAID ATLANTIC REFINING COMPANY ONE HUNDRED (100) FEET TO AN IRON POST PREVIOUSLY LOCATED NEAR THE OIL TANK OF THE SAID COMPANY; THENCE NORTHWARDLY FORTY-SIX AND TWENTY-FIVE HUNDREDTHS (46,25) DEGREES EAST ONE HUNDRED EIGHTY -SIX AND FIVE-TENTHS (186.5) FEET TO AN IRON PIN AT LAND NOW OR FORMERLY OF WILBUR E. AND DAVID P. DETWILER; THENCE WITH THE SAID LAND NOW OR FORMERLY OF DETWILER NORTHWARDLY TWENTY-THREE (23) DEGREES WEST TWO HUNDRED FIFTY- SEVEN (257) FEET TO SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY NEAR A CLUMP OF LOCUST TREES; THENCE WESTWARDLY WITH THE SAID RAILROAD TO THE PLACE OF BEGINNING. LESS, A CERTAIN STRIP OF LAND CONVEYED TO THE READING C~MPANY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY AT CORNER OF LAND NOW OR FORMERLY OF WILBUR E. AND DAVID F. DETWILER; THENCE SOUTH TWENTY- SIX (26) DEGREES NINETEEN (19) MINUTES EAST TWENTY-EIGHT AND FIVE-HUNDREDTHS (28.05) FEET TO A STAKE; THENCE WITH LAND NOW OR FORMERLY OF HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, NORTH EIGHTY-EIGHT (88) DEGREES THIRTEEN (13) MINUTES WEST TWO HUNDRED FIFTEEN AND FIFTY -ONE HUNDREDTHS (215.51) FEET TO A STAKE AT LAND NOW OR FORMERLY OF THE PENNSYL VANIA RAILROAD; THENCE NORTH TWELVE (12) DEGREES THIRTY (30) MINUTES WEST TWENTY-FIVE AND FORTY -THREE HUNDREDTHS (25.43) FEET TO A STAKE ON THE RIGHT OF WAY OF THE READING COMPANY AFORESAID; THENCE WITH THE SAID RIGHT OF WAY TO THE PLACE OF BEGINNING. CONTAINING 109/1000 ACRES SOLD AND CONVEYED OUT OF THE LAND FIRST AFORESAID BY HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, TO THR READING COMPANY. d d 'fe to Luther W. . er and Carol D. Bigler, husban an WI D ed dated 3/20/99, given by Randy G. Blgl d d 4120/99 in Liber Book: 197 Page: 90S Vested by Warranty ~ ' Chambers, husband and wife and recor e Chambers and Catherme p, T OJ( 'Y(l(Cd &-ob-')~'b'6-bO( ,r--..... c--, ' <::-) \ &~ ~ c--.... - -- --J ~\.) ~ J _. ,-0 o ~ 9-> ~.{::, \.J ?G 'Y ~ :---- ~:Z,y ~ G:-\ """,' '-^ C' eo. C c: ( c/\ C) \"';; ~~"l ~:.::;; \_1 -,j S- ::;j "",i:: Hl~';1 , :21-11 \.._t~ _,;C i:3 S~~, "- roo. . 1..1: WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTEE Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 225 S. EARL STREET, SHIPPENSBURG PA 17257. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 225 S. EARL STREET, SHIPPENSBURG PA 17257 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $88,220.31 L.L. $.50 Interest FROM 1/8/04 TO 619/04 @ $14.50 per diem = $2,233.00 Ally's Comm % Due Prothy 1.00 Atty Paid $171.60 Other Costs Plaintiff Paid Date: JANUARY 9, 2004 (Seal) CURTIS R. LONG prothJ. otary f r. ;" BY'~(Y\}_-LY / . Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQ Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD, SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS UNKNOWN HEmS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED CIVIL DIVISION NO.03-4997-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK., AS TRUSTEE, Plaintiff in 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,225 SOUTH EARL STREET, SHIPPENSBURG, P A 17257 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNKNOWN HEmS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHlPPENSBURG, P A 17257 2. Name and address ofDefendant(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 Last Known Address (if address cannot be reasonably ascertained, please indicate) C.F.J.M.A. 725 MUNICPAL DRIVE C/O ANGELIQUE RININGER SHIPPENSBURG, P A 17257 SPRINT TELEPHONE 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 4. Name and address oflast recorded holder of every mortgage of record: Name 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. Name 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 be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 225 SOUTH EARL STREET SHlPPENSBURG, P A 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Januarv 8. 2004 DATE '-. -:\l. t\rtM ~ Ill~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff C) C-. -, .-., c::::' t;;;::;;, , ':';1 !'- 1 \.i"J ,,- (j"l FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION UNKNOWN HEmS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED NO. 03-4997-CIVIL Defendant(s). 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. '- ~ f\ Ii..M DtJ),..~ , FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ("") J-. c., r--.) c-, ("; ~) ~{I --{ " ffl~~ -Gr;-l - -,. ~':'::J ~ :: :::~ 1-0 ~i- , :'! -C) i'-,-! BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No.03-4997-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED Defendant(s). January 8, 2004 TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHlPPENSBURG, P A 17257 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 225 SOUTH EARL STREET. SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$88.220.3I 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 RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You rnay 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. I. rfthe 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. rfthe 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 ofthe 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 Sheriff within ten (10) 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 ALA WYER 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL OF THAT CERTAIN LOT OF GROUND WITH A BRICK DWELCING HOUSE AND FRAME STABLE THEREON ERECTED, SITUATED IN SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND KNOWN AS 225 SOUTH EARL STREET, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE PHILADELPHIA & READING RAILROAD (THE READING COMPANY) WHERE IT INTERSECTS THE RIGHT OF WAY OF THE PENNSYLVANIA RAILROAD (C. V. DIVISION); THENCE SOUTHW ARDL Y WITH THE LINE OF THE RIGHT OF WAY OFTHE SAID PENNSYLVANIA RAILROAD ALONG SOUTH EARL STREET, EXTENDED, TO A STAKE; THENCE EASTWARDLY ACROSS THE SAME STREET OF ROAD AND ALONG THE LINE NOW OR FORMERLY OF THE ATLANTIC REFINING COMPANY TO AN IRON POST AT CORNER OF LAND NOW OR FORMERLY OF THE SAID ATLANTIC REFINING COMPANY; THENCE SOUTHWARDLY WITH THE SAID ATLANTIC REFINING COMPANY ONE HUNDRED (100) FEET TO AN IRON POST PREVIOUSLY LOCATED NEAR THE OIL TANK OF THE SAID COMPANY; THENCE NORTHWARDLY FORTY-SIX AND TWENTY-FIVE HUNDREDTHS (46.25) DEGREES EAST ONE HUNDRED EIGHTY -SIX AND FIVE-TENTHS (186.5) FEET TO AN IRON PIN AT LAND NOW OR FORMERLY OF WILBUR E. AND DAVID P. DETWILER; THENCE WITH THE SAID LAND NOW OR FORMERLY OF DETWILER NORTHW ARDL Y TWENTY-THREE (23) DEGREES WEST TWO HUNDRED FIFTY- SEVEN (257) FEET TO SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY NEAR A CLUMP OF LOCUST TREES; THENCE WESTWARDLY WITH THE SAID RAILROAD TO THE PLACE OF BEGINNING. LESS, A CERTAIN STRIP OF LAND CONVEYED TO THE READING C!JMPANY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY AT CORNER OF LAND NOW OR FORMERLY OF WILBUR E. AND DAVID F. DETWILER; THENCE SOUTH TWENTY- SIX (26) DEGREES NINETEEN (19) MINUTES EAST TWENTY-EIGHT AND FIVE-HUNDREDTHS (28.05) FEET TO A STAKE; THENCE WITH LAND NOW OR FORMERLY OF HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, NORTH EIGHTY-EIGHT (88) DEGREES THIRTEEN (13) MINUTES WEST TWO HUNDRED FIFTEEN AND FIFTY-ONE HUNDREDTHS (215.51) FEET TO A STAKE AT LAND NOW OR FORMERLY OF THE PENNSYLVANIA RAILROAD; THENCE NORTH TWELVE (12) DEGREES THIRTY (30) MINUTES WEST TWENTY-FIVE AND FORTY-THREE HUNDREDTHS (25.43) FEET TO A STAKE ON THE RIGHT OF WAY OF THE READING COMPANY AFORESAID; THENCE WITH THE SAID RIGHT OF WAY TO THE PLACE OF BEGINNING. CONTAINING 109/1000 ACRES SOLD AND CONVEYED OUT OF THE LAND FIRST AFORESAID BY HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, TO THE READING COMPANY. . ler and Carol D. Bigler, husband and wife to Luther W. Vested by Warranty Deed, dated 3/20/99,;iV:~:i :':~f~~:~~ecorded 4120/99 in Liber Book: 197 Page: 905 Chambers and Catherine P. Chambers, us . IC\.X V(1(C.l \ .Qlp.26 -d31>iS" -DO \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, AS TRUSTEE ) CIVIL ACTION ) vs. UNKNOWN HEIRS, SUCCESSORS, ) CIVIL DIVISION ASSIGNS, AND ALL PERSONS, FIRMS,) NO. 03-4997-CIVIL OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR.,DECEASED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss: I, FRANK FEDERMAN, ESQUIRE attorney for BANK OF NEW YORK. AS TRUSTEE hereby verify that on January 9. 2004 & Allrill9. 2004 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 20. 2004 -1 NUl ~ 1t{illurlQf) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ i Q ~OJ ;po , r""" -0 :Zj~ :::0 zr~ N ~)J;"- ~ ~Cl 0\ ~O -0 ~ >~ ::c: /- N ~ .. iW ~ 0\ BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED CIVIL DIVISION NO. 03-4997-CIVIL Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK, AS TRUSTEE, Plaintiff in 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.ll.5 SOUTH EARL STREET, SHIPPENSBURG, P A 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, P A 17257 2. Name and address ofDefendant(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 Last Known Address (if address cannot be reasonably ascertained, please indicate) C.F.J.M.A. 725 MUNICPAL DRIVE C/O ANGELIQUE RININGER SHIPPENSBlJRG, PA 17257 SPRINT TELEPHONE 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 - 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 77 EAST KING STREET SHlPPINSBURG, PA 17257 ORRSTOWN BANK 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. Name 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 be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 225 SOUTH EARL STREET SHIPPENSBURG, P A 17257 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 20. 2004 DATE 1Mil t 1w'i)))r(lvl FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ..3'-1 t""' o>z g' ~ s ..., Q. ., - ~ - - - - 00 (l}Q.i3 . - v. W N - 0 '" --.1 '" V. ... W N - - Z " ro ;;! ro H = '" ., Q.",= ,," )> ~ Q. ~" ;:l. ~ . i;- ~ .. 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'" .~ .tI1 <::1 ~3; 9 ,- il g - :I: t- ~ - i~ r"Q' g .-i 00 tlJ tiJ n "t:l ~ e. ::J .~ ~ ~ - iai ;;! t~ --.1 ;:l ." 0 ~,O" gl!9. 'l" ~j - - ;gg[ !" -, w 0 g.t'l'l5l ~ :>:l [<lL to,CS P(>.s~ s'~ g.~ ",,<B- "1q. ~ ~~ ..~= il ~~ ~ '.z I::;:;;~~ ,~ - :> ....--- pn"Nn BOWES Vl::l~i ~ ~- . Of 02 1A $ 02.400 15'[:;;[ r~ .i!":,,, 0004300377 JAN 09 2004 - o. g.~H . MAILED FROM ZIP CODE 19103 dg" .;: ~ =:n ~ ~ lillJl itii:i'''t:l g ~ ~. s, - - -....., ~.~ ~ - - ;: 2 Vl !!to 8 ~ c- ~~ ~a, '" g ~ ~ ~c;3 ~ n " ~ - :t Z -. 8.0 a . 3 ~ :;g"~ o " ~ 0 ~ O:p. b; g: g ~ ~ ~ i:l::i s-> t-< ~ ~ "'.. '-' 3 ~ ~ %g-'" ~ ~ ~~ .. ~ z . ~ o ~ 1:' n ~ <' 3' " ~ o>z '""",,,, 00"'3 r" ., ...... = l'tI ro :j ~ tIl ~ - - - - - '" 00 -.J a, '^ .", W N o tD \'-l = .", W N - 0 ., '" g I . 3 (=i" . . . . . . . . . . c-- . : Q ('\l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . "OO;l oo-.JO s;;~ =-.J~ "'''O1:'l ....I:'l "'''~ "0> l!.= :SCIJ""":l ...= z..,O ~. ('l ~ ~~~ l' " '"Ca~ ~~= >~"'d ~OO~ ~a= . .., -ool:'l ~~:;.:: ocl:" W~~ -I:'l ;j.., or U> '" -.J "' 00 5. ~ " - .", 0 0 . Qc;.~~"<>8~~ /!!~~ 'Z' ~~ . :) -..-. Pli"NC 8 . . . 02 lA $ '00., . ,0004300377 APR19 MAilED FROM ZIP CODE 19103 J LI IJ ~ 1)\'''1] fl'lfTl --;J"ut] 7['. ~~f !<;Cl .eo ~(~ J>c: ~ .... ~ :> -,:) :;:0 N 0' ~ ~~ -o~ ~ =1;! ., ~~ ~ ~ -,:) ::II: N .. W 0' Bank of New York, as Trustee VS Unknown Heirs, Successors, Assigns And All Persons, Firms, or Association Claiming Right, Title, or Interest Prom or Under Luther W. Chambers, Jr., Deceased In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4997 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Levy Mileage Postpone Sale Surcharge Law Journal Patriot News Share of Bills 30.00 20.54 15.00 15.00 .50 1.00 15.00 28.98 20.00 20.00 446.75 405.58 29.26 $ 1047.61 Sworn and subscribed to before me This /6":. day of ~ ' 2004, A.D. ~Q~,~ Prothonotary ~~~ R. Thomas Kline, Sheriff BY ~jt;thJ S~ Real E~ta'"j Deputy 1.5b G/e... '111.3 g a.. j,jt{ 33 (. BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FmMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED CIVIL DIVISION NO.03-4997-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK, AS TRUSTEE, Plaintiff in 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,225 SOUTH EARL STREET, SHIPPENSBURG, P A 17257 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNKNOWN HEmS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address ofDefendant(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 Last Known Address (if address cannot be reasonably ascertained, please indicate) C.F.J.M.A. 725 MUNICPAL DRIVE C/O ANGELIQUE RININGER SHIPPENSBURG, P A 17257 SPRINT TELEPHONE 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 4. Name and address oflast recorded holder of every mortgage of record: Name I.;ast 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. Name 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 be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 8, 2004 DATE j(\rtMNlIIl~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY No.03-4997-CIVIL v. UNKNOWN HEmS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED Defendant(s). January 8, 2004 TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," Your house (real estate) at. 225 SOUTH EARL STREET, SHIPPENSBURG, P A 17257, scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m, in the Cumberland Count: Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $88.220.3 obtained by BANK OF NEW YORK., AS TRUSTEE (the mortgagee) against you, In the event sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule: NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late ( costs and reasonable attorney's fees due. To find out how much you must pay, call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike judgment, if the judgment was improperly entered. You may also ask the Co' postpone the sale for good cause. 3. Yon may also be able to stop the sale through other legal proceedings. Yon 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. I, If the Sheriffs 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. lfthe 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 of the 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 ten (10) 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 UA V 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 ALL 0 J<:RECTEO'siW:RTAlN LOT OF GR~ AS 225 SOUTH EA:::~N SlJLPP.ENSBU~~ITlJ A BRICK DWE!, . 8 REET, BOIlNDED WNSlJLP, CUMBE CINe !lOUSE AND R:~~~~~~~[RA STAKE ON TlJE SOUT AND DESCRIBED AS ::;t::g~~UNTY, PEN~~~~ :Jt8LE THEREON PENNSYL V OAD <THE READ Q'ERN EDGE ' AND KNoWN WAYOF ANlAl<<ILROAD !lNGCOMPANY OF TlIElUGlJT OF ~:~NCE ~~~~~~NSYL~~if~:~~~; ~~~g~ZV:ERsE6Ys'i~~~~~::I1ILADELPIIIA & ~~~~~:~~~~~g~5Z~~~!i:J:~{ou::l::i~~f~l~':r~~~k~~~:;~':rOF ~:;::::~ CQMPA~~:::J~OO) FEET T~k ~:ZCE SOUT~~A~~ER OF LA~~~:~W OR FO~kr.y ~~::.f"t:g~~~a:~~~~~~r:,tll:i::XE:~~~~~!f~J:nE;::,: ~~~~~~:G ~~~~~~;~~~~~~~~Z~:rv:::~~~.::~~~~~:~~8~%!::fi~~A~~~~~T?~~4~~OF REEs, TJJ"JVr.. ,,,.,,,!DGE OF TIlE RiGh - THREE (23) DEGR"~ HE SAll) LAND NOW A T LAND NOW ",.---,.. .o:tTOFWAYOFTRt."""SWESTTWOHU OR . R"..n."", ~~.._. _~~ED FlFlY_ ALL OF THAT CERTAIN LOT OF GROUND WITH A BRICK DWELtING HOUSE AND FRAME STABLE THEREON ERECTED, SITUATED IN SHlPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND KNOWN AS 225 SOUTH EARL STREET, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE PHILADELPHIA & READING RAILROAD (THE READING COMPANY) WHERE IT INTERSECTS THE RIGHT OF WAY OF THE PENNSYLV ANlA RAILROAD (C. V. DIVISION); THENCE SOUTHW ARDL Y WITH THE LINE OF THE RIGHT OF WAY OF THE SAID PENNSYLVANIA RAILROAD ALONG SOUTH EARL STREET, EXTENDED, TO A STAKE; THENCE EASTWARDLY ACROSS THE SAME STREET OF ROAD AND ALONG THE LINE NOW OR FORMERLY OF THE ATLANTIC REFINING COMPANY TO AN IRON POST AT CORNER OF LAND NOW OR FORMERLY OF THE SAID ATLANTIC REFINING COMPANY; THENCE SOUTHW ARDL Y WITH THE SAID ATLANTIC REFINING COMPANY ONE HUNDRED (100) FEET TO AN IRON POST PREVIOUSLY LOCATED NEAR THE OIL TANK OF THE SAID COMPANY; THENCE NORTHWARDLY FORTY-SIX AND TWENTY-FIVE HUNDREDTHS (46.25) DEGREES EAST ONE HUNDRED EIGHTY -SIX AND FIVE-TENTHS (186.5) FEET TO AN IRON PIN AT LAND NOW OR FORMERLY OF WILBUR E. AND DAVID P. DETWILER; THENCE WITH THE SAID LAND NOW OR FORMERLY OF DETWILER NORTHWARDLY TWENTY-THREE (23) DEGREES WEST TWO HUNDRED FIFfY- SEVEN (257) FEET TO SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY NEAR A CLUMP OF LOCUST TREES; THENCE WESTWARDLY WITH THE SAID RAILROAD TO THE PLACE OF BEGINNING. LESS, A CERTAIN STRIP OF LAND CONVEYED TO THE READING q>MPANY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY AT CORNER OF LAND NOW OR FORMERLY OF WILBUR E. AND DAVID F. DETWILER; THENCE SOUTH TWENTY- SIX (26) DEGREES NINETEEN (19) MINUTES EAST TWENTY-EIGHT AND FIVE-HUNDREDTHS (28.05) FEET TO A' STAKE; THENCE WITH LAND NOW OR FORMERLY OF HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, NORTH EIGHTY-EIGHT (88) DEGREES THIRTEEN (13) MINUTES WEST TWO HUNDRED FIFfEEN AND FIFfY-ONE HUNDREDTHS (215.51) FEET TO A STAKE AT LAND NOW' OR FORMERLY OF THE PENNSYLV ANlA RAILROAD; THENCE NORTH TWELVE (12) DEGREES THIRTY (30) MINUTES WEST TWENTY-FIVE AND FORTY -THREE HUNDREDTHS (25.43) FEET TO A STAKE ON THE RIGHT OF WAY OF THE READING COMPANY AFORESAID; THENCE WITH THE SAID RIGHT OF WAY TO THE PLACE OF BEGINNING. CONTAINING 109/1000 ACRES SOLD AND CONVEYED OUT OF THE LAND FIRST AFORESAID BY HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, TO THE READING COMPANY. . d Carol D. Bigler, husband and wife to Luther W. D d dated 3120/99, given by Randy G. Bigler a:w 4120/99 in Liber Book: 197 Page: 905 Vested by Warranty ee, be husband and wife and recor . Chambers and Catherine P. Cham rs, . , 100C VCl(~\ ,.Qlp-:?b -~1,~ -tx>\ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) ~~ TO THE SHERIFF OF y__u COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTEE Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, 225 S. EARL STREET, SHIPPENSBURG P A 17257. (l) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE NO 03-4997 Civil CIVIL ACTION - LAW LOCATED AT 225 S. EARL STREET, SHIPPENSBURG PA 17257 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $88,220.31 L.L. $.50 Interest FROM 1/8/04 TO 6/9/04 @ $14.50 per diem = $2,233.00 Ally's Comm % Due Prothy 1.00 Ally Paid $171.60 Other Costs Plaintiff Paid Date: JANUARY 9, 2004 CURTIS R. LONG (Seal) Prothonotary By: ~/ ., ~ ,.?4 Dep~ty REQUESTING PARTY: Name FRANK FEDERMAN ESQ Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD, SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale #33 On March 01, 2004 the sherifflevied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, P A Known and numbered as 225 South Earl Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 By: \)tcLjk1h Real Estate Deputy \.' i".~ jj;';I'" ~ SiV <"VlJ C:::t G?) lMiil PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 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: APRIL 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 true. REAL ESTATE SALE NO. aa 1,}L(Y~ ~Marie C~,'Editor Wrtt No, 2003-4997 Civil Bank of New York, as Trustee VS. Unknown Heirs, Successors, Assigns, and All Persons, Finns, or Association Claiming Right, Title, or Interest From or Under Luther W. Chambers, Jr., Deceased Atty.: Frank Federman ALL OF THAT CERTAIN lot of grQund with a brick dwelling house and frame stable thereon erected. situated in Shippensburg Township. Cumberland County, Pennsylvania, and known as 225 South Earl Street. bounded and described as follows: BEGINNING at a stake on the southern edge of the right of way of the Philadelphia & Reading Ra1lroad (the Reading Company) where it inw tersects tile right otway of the Penn- sylvania R8:ilroa~ (C,. ~. .?i~~ion) ~ SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~A 'A/ ). ~~%cbA/ , ~AlSEAl 0 LOIS E. SNYDER, Notary Public Ca~isle BOlO, Cumbe~and County My Commission Expires March 5, 2005 r ground with a brick dwelling house and frame stable thereon erected, situated in Shippensburg Township, Cumberland County, Pennsylvania, and known as 225 South Earl Street. bounded and described as follows: BEGINNING at a stake on the southern edge of the right of way of the Philadelphia & Reading Railroad (the Reading Company) where it in- tersects the right of way of the Penn- sylvania Railroad (C. V. Division); thence southwardly with fue Hne of the Tight of way of the said Penn- sylvania Railroad along South Earl Street, extended. to a stake; thence eastwardly across the same street of road and along the line now or formerly of the Atlantic Refining Company to an iron post at comer of land now or formerly of the said Atlantic Refining Company; thence southwardly with the saJd Atlantic Refining Company one hundred (100) feet to an iron post previously located near the 011 tank of the said company; thence northwardly forty- six and twenty-five hundredths (46.25) degrees east one hundred eighty-six and five-tenths (186.5} feet to an tron pin at land now or formerly of WUbur E. and David P. Detwiler: thence with the said land now or formerly of Detwiler north- wardly twenty-three (23) degrees west two hundred fifty-seven (257) feet to southern edge of the right of way. of the Reading Company near a clump of locust trees; thence westwardly with the said railroad to the place of beginning. LESS. a certain strip ofIand con- veyed to the Reading Company de- scribed as follows: BEGINNING at a stake on the southern edge of the rtght of way of the Reading Company at comer of land now or formerly of Wilbur E. and David F. Detwiler: thence South twenty-six (26) degrees nineteen (19) minutes East twentywetght and five-hundredths (28.05J feet to a stake: thence With land now or for- merly of Harry McElhare and Emma McElhare. his wife. north eighty-eight (88) degrees thirteen (13) minutes West two hundred fifteen and fifty- one hundredths (215.51) feet to a stake at land now or formerly of the Pennsylvania Railroad; thence North twelve (12) degrees thirty (30) min- utes West twenW~five and forty-three hundredths (25.43) feet to a stake on the right of way of the Readtng Company aforesaid: thence with the said right of way to the place of be- ginning, Containing 109/1000 acres sold and conveyed out of the land first aforesaid by Harry McElhare and Emma McElhare his wife. to the Reading Company. Vested by Warranty Deed. dated 3/20/99. given hy Randy G. Bigler and Carol D. Bigler. husband and wife to Luther W. Chambers and Catherine P. Chambers. husband and wife and recorded 4/20/99 in Llber Book: 197 Page: 905. Tax Parcel 36.35-2388-001. , , LOIS E. SNYDE I' Carlisle Boro, Cl My Commission E) '.....,...... r THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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..Ib.e. 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 andlor Sunday! Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 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 said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County 0 Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #33 Sworn to a sUbsc1bed efo~e . is 28th d 0':"M~4 A.D. \ 1errfL~:f.Not ~lc ~ /f"~~ QlyofHorrlsbur9.DaU ~n<t'i~ TARY PUBLIC 1))':;. ' . b' ;.' My Commission expires ne, .,. .~t; ,....._".;;;~~~='"~'". 'i_I. Statam:;U:~' .:,:,,::::; CO.t. .~ ..~ "Q..._ ._: To THE PATRIOT-NEWS CO., Dr. r For publishing the notice or publication attached 1I>t~.:"~~~. -. hereto on the above stated dates -,~J'~~.; Publisher's Rece~::al for Advertising Cost $ 405.58 1IlIlii: ;.8NG:,t~~t;...(~ .0" Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general If t-l . '",'1 ,'" ~.: ':t ledge receipt of the aforesaid notice and publication costs and certifies that the same have iii' -- - '14~~: .;~ t W.... IIIIIIlW ItFY. ":'1(-:,, II" '" ....-. ....JIIid ~.' ~f":, ~\i;~.~ ~""'...,,~_ ...ltto-:: ::... i . ,,"'_1be . .- -J.. ......fa!...!":", =-lp!I~(.~':;C= PIIV~"' ..' , . ... ... " .'. . lIiJ):loellll '.' . . lit.... "'Mhr B. =- P.~....!lili~1Iid1ood =.' ilJ:"~.~..; .....10;-. ~.'..~:.~~ ~~"-.....:k:!:.~ ,;.,.,jlj;:;: the ..,....:'..,..,. ,. '--", .1 to ~ .~. -1':'iI ~~1~~~. '1Il1be of 1be=~l;.t~.:.-.I........."", -.... . :::':;;~B.~ :;~?i-f~ &~. t"Llt,J.,ooA,4i.,26) ~,n.._lMIly. ~;;.If\;~~~ .....(J31.....Jlfu =~'=~(aWI)-r... t.. ,.... .....r.!'!. ,~l~.~. ..,~ (30).......11 'ifJ"""lIIirty ~y~.,~~~" -'.~_. ..'. .....,,.:-; B~,'~!~.,j,~il;' '~!" ;, ~!lI-~.":d:U: IHn:.r~.:~n .:......1be ~~,.:..,' ..... ........~~!~...,..61Jl'i9. By.................................................................... r "-'-..--- sa;~ Atlantic ~ef;n;ng Company; IDt:llI,;C ~l)uthwanHy with the said Atlantic Refining Company one hundred (100) feet to an iron post previously located near the oil tank of the said compaJlY: thence northwardly fony-~ix and twenty-five hundredths (46.25) degrees east one hundred eighty-six andftve-tenths (186.5) feet 10 an iron pin at land now or fannerly of Wilbur E. and David P. Detwiler; thence with the said land now or fonnerly of Detwiler northwardly twenty- three (23) degrees west two hundred fifty-r.even (257) feel to southern edgt'-of the right-of-way of the Reading Company near a clump of locust trees; thence westwardly with the said railroad to the place of BEGINNING. LESS, a certain mrip of land conveyed to \be' Reading Company described as follows: BEGINNING at a stake on the southern edge of the right-ot.way of the Reading Company at comer of land now or fonnerly of Wilbur E. and David E Detwiler; thence south twenty-six (26) degrees nineteen (19) minutes east twenty-eight and five-hundredths (28.05) feet to a stake; thence with land nOW or formerly of Harry McElhare aat Emma McElhare, his wife, north eighty-eight (88) degrees thirteen (13) minutes west two hundred fifteen and fifty-one hundredths (215.51) feet to a stake at land now or formerly of the Pennsylvaaia Railroad; thence north twelve (12) degrees thirty (30) minutes west twenty-five and forty-_ hundredths (25.43) feet to a stake on the right..gf. way of the Reading Company aforesaid; theace with the said right-of-way to the place of BEGINNING, CONTAINING 1091\000 acres sold md conveyed out of the land first aforesaid by Harry McElhare and Emma McElhare, his wife, to-the Reading Company. Vested by Warranty Deed. dated 3/211'99, given by Randy G. Bigler and Carol D. Bpr. husband and wife, to Luther W. Chambe1't1Dll Catherine P. Chambers, husband and wife, all recorded 4/20/99 in UberBook 197. page 905; TAX PARCEL No. 36_36-2388-001. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK, AS TRUSTEE Plaintiff, v. No.03-4997-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due ~tA Interest from ~~ JUNE 8, 2005 (per diem -$14.50) .31 $88,220.J.3i $7,482.00 and Costs TOTAL $90,702.31 ~ (; .L-~ DANIEL G. SCHMIEG, E QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 'J--- . -+ fi'. -- ~ a~ -d -t ::: ::: r-c3 . I \ a (j .~ () ~ '""" ~ - __ Z '4- ..t. ~~ ~';;.: .... ~~ ~~ ~~ ~~. ~~ ""s Ou ~~ s~ u~ ~~ ..-'t '!:G ...-') '~::;) 1~ ,,;".)... -~ '~';, ~~ . ~ ~ '" ~ ~e. Q{/) {/):.t. z~ S~ ~ ~ O~ o . {/)~ ~~ ~\ ~e. ~~ th~ ~~ ~3 ,;, 's:. Q!. ... ..;!~ ~z ';l ~~ th't t5~ ~\.>< ~~ 'ii~ 0..- ~'!: ~Q!. \)0".,..... ....... _ ~....- - - {/)..;l ~~~ ~ ::: .... ~ \ I ~ \ ;j () \ 'i0ao ';to L1 . ~zuic:iv: r.-- ~ ? I..J) ~ ::::r ::r <:l ~ ~ ~ ..- ~ ~ ~ t z ~ ~ ~ ~ ~ G ~~ ....a ...$ O't ... ~~ ~~ ~~ ,..~ ....'-" e:. u 1 '- ~ ..... ,... ..t. ~ ~ ~ {/) ~ ~ e: ~ . ~ ~ ~ '.:=. ~ .... '8 ..... .... p... ~ ~ ~ ~ S e {/) o \fl te .... .d'; .... ;;, 'G ;0 . --g. ~ ~ ~ 1M r.- ~ a <J . - r<) 0l - 0,. '"'-j- ~ ~ if> ., P ~ ~ if> .., ~ \OM ., ~ i fl -t '~ 3 \ .., "':::J--?J t- - <s-- \J) C a - - -3 T_ 11~ --------- ~ '" LEGAL DESCRIPTION ALL OF THAT CERTAIN LOT OF GROUND WITH A BRicK DWELCING HOUSE AND FRAME STABLE THEREON EREefED, SITUATED IN SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND KNOWN AS 225 SOUTH EARL STREET, BOUNDED AND DESCRIBED AS FOLLOWS: ",,"., 'c,M'" BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE pmLADELPHIA & READING RAILROAD (THE READING COMPANY) WHERE IT INTERSECTS THE RIGHT OF WAY OF THE PENNSYLVANIA RAILROAD (c. V. DMSION); THENCE SOUTHWARDLY WITH THE LINE OF THE RIGHT OF ,WAY OF THE SAID PENNSYLVANIA RAILROAD ALONG SOUTH EARL STREET, EXTENDED, TO A STAKE; ,..... ,:I'IIENCE EAS;rWARDLY ACROSS TIlE SAME STREET OF ROAD AND ALONG THE LINE NOW OR FORMERLY . "OFTHE ATLANTIC REFINING COMPANY TO AN mON POST AT CORNER OF LAND NOW OR FORMERLY OF THE SAID ATLANTIC REFINING COMPANY; THENCE SOUTHWARDLY WITH THE SAID ATLANTIC REFINING " COMPANY ONE HUNDRED (100) FEET TO AN IRON POST PREVIOUSLY LOCATED NEAR THE OIL TANK OF , THE SAID COMPANY; THENCE NORTHWARDLY FORTY -SIX AND TWENTY -FlYF: HUNDREDTIfS (46.25) DEGREES EAST ONE HUNDRED EIGHTY-SIX AND FIVE-TENTHS (186.5) FEET TO AN IRON PIN AT LAND NOW OR FORMERLY OF WILBUR E.' AND DAVID P. DETWILER; THENCE WITH THE SAID LAND NOW OR FORMERLY OF DETWILER NORTHWARDLY TWENTY-THREE (23) DEGREES WEST TWO HUNDRED FIFfY- SEVEN (257) FEET TO SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY NEAR A CLUMP OF LOCUST TREES; THENCE WESTWARDLY WITH THE SAID RAILROAD TO THE PLACE OF BEGINNING. LESS, A CERTAIN STRIP OF LAND CONVEYED TO THE READING C~MPANY DESCRrBED AS FOLWWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMP ANY AT CORNER OF LAND NOW OR FORMERLY OF WILBUR E. AND DAVID F. DETWILER; THENCE SOUTH TWENTY- SIX (26) DEGREES NINETEEN (19) MINUTES EAST TWENTY -EIGHT AND FIVE-HUNDREDTHS (28.05) FEET TO A STAKE; THENCE WITH LAND NOW OR FORMERLY OF HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, NORTH EIGHTY,EIGHT (88) DEGREES THIRTEEN (\3) MINUTES WEST TWO HUNDRED FlFfEEN AND FIFfY -ONE HUNDREDTHS (215.51) FEET TO A STAKE AT LA!';o NOW OR FOR1\ofERL Y OF THE PENNSYLVANIA RAILROAD; THENCE NORTH TWELVE (12) DEGREES THIRTY (30) MINUTES WEST TWENTY-FIVE AND FORTY-THREE HUNDREDTHS (25.43) FEET TO A STAKE ON THE RIGHT OF WAY OF THE READING COMPAt'fY AFORESAID; THENCE WITH THE SAID RIGHT OF WAY TO THE PLACE OF BEGINNING. COr.'TAINING l09flOOO ACRES SOLD AND CONVEYED OUT OF THE LAND FIRST AFORESAID BY HARRY MCELHARE AND EMMA ~1CELHARE. HIS WIFI<. TO TH" ~FA!)(NG COMPANY. ''''''1 'I' ,~.. . Vested by Warranty Deed, dated 3120f99, given by Randy G. Bigler and Carol D. Bigler, husband and wife to Luther W. Chambers and Catherine P. Cham\>~rs, husband and wife and recorded 4120/99 in Liber Book: 197 Page: 905 PROPERTY ADDRESS: 225 SOUTH EARL STREET, SHIPPENSBURG, P A 17257 TAX PARCEL: # 36-35-2388-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4997 Civil 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 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., 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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $88,220.31 L.L. Interest FROM 1/8/04 TO 6/8/05 (PER DIEM - $14.50) - $7,482.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1,231.71 Other Costs Plainhff Paid Date: MARCH 8, 2005 (Seal) CURTIS R. LONG Prothonotary n ~ ~ ~: .at'hi ~~ / L</Z~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No, 62205 -FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, Esquire ATTORNEY 1.0. #62695 ' One Penn Center at Suburban Station,-' 0 Suite 1400 ,:;"', ,,-: i'Y . "-"Phi'!ade'lphia,' p' '1910~1814 ",,', ;;~:.,"'""""~":' ~"""."I'I.""''''';;' ',.j,. '"."'i ,", .; .,;, . ':". ;"'. ,;" ".'., ,'", /,'$.,',~'''''''''~''''''_,'''' ""'_" ',' lid' ."~ :;i0,,,,",,,,,,."jt>C;.' . _ ..n..- .:J-~~"''''''''"''''''i'~;,:,w(~''~"""''''';''''';':~''''',""'-,"fl'",._-,;,,,',i,',,C'__;, _~,__.,,___ _ _ _ ,N,' ~_,~lIJ~~__ ____~ i$t:..~ll1l'(215)563-7000=-""",~.: J r~' .,:' :l:g:.Jl. ~;;,~h~,iif';:;I"";,;;;,.",.,,'i'i:';}'''''_~l....,.k,~';;J,;Jil1, o...aI. ''''-~RANI<OFNFW:-VORK,~STEE'~A'"I'a''''. '- ",' mURTOECOMMONPLEAS .,.,.. -'1"-- ........ ,~.,.."",~,:c~~;;:l~~~", "","-""'" ,.,._I..".I,;jjDiJ ,Uj...~ . ,~ . ".' ,"'..,"" ,'" .".'" .."h..',.p,W.,,_ I .'. .U,.:\JJIl!.l iR"~: t['~ -.'C.' "- . , '..r.;il:o-.".....liiii~.-)i. .r:-~~8.~9'rl~~-. ';-~"'-"""~'~"""r ":"" "ni- .:'. 'Ii:" - >'" ;p:::? -;;'f~~:::.,- --~";,'-i" -.";,>;;:::::"~-- _J~~'Iffi_<~":-j.>',.; /.:"';>-,'.;~~,m'j;:;t':;i'.,::.t~.-::~i,', ..;, ',',"',::4'.,r,.*"..cr" , . ~," ~i(,!-,;ii#>:',;;,,;":::,:J:;;;:J,::';_1 .:i'_,-~;~""__".,,.:c, ~CT U2 2003~ . ~~~ . ~~C(....., ATrORNEYFOlll'LAlNriFF'~ ....... r ~- -.....:_..;.:., UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLA.J}.(ING R1GlIT, TITLE OR INTEREST FROM OR tJNDERLtrtHEk w. CHAMBERS;.JR:;DECEAsED CUMBERLAND COUNTY ._____._~._~:..i.o_',~ ORDER AND NOW, this lPth day of~~okR, 2003, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; oIJ~ ~? , ORDERED that Plaintiff may obtain service of the Reinstated Complaint on UNKNOWN HEiRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED by mailing a true and correct copy of the complaint by Certified mail and Regular mail,_by posting the ~rtl{lr.:,,~emises at 225 SOUTII EARL STREET, SHWPENSBURG\PA 17257, o..l\a.. ~ \?UOI' ioU O~e ',IJ ~ new5po..~R.S\ of (Je~e.R.o.J C,'lfCu.. <dioo iN c.lAm'berlandJ'..." ~\v a.nd. .... \ e.umber\o..no... J Service ofthe aforementioned mailings is effecttve upon"lfie"<tlfu Mmaifing anais to be C,ou.n"t done by Plaintiff s attorney, who will file with the Prothonotary's Office an Affidavit of Service. - la.w ::)o~ PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FmMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED NO. 03-4997-CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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. ~G,~_~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ~; ....:..,> .:....t.. \ d) (;? C CI~' ".. - BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO.03-4997-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK, AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G" SCHMIEG, 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 225 SOUTH EARL STREET, SHIPPENSBURG, P A 17257 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) C.F.J.M.A 725 MUNICIPAL DRIVE C/O ANGELIQUE RININGER SHIPPENSBURG, PA 17257 SPRINT TELEPHONE 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 4. Name and address of last recorded holder of every mortgage of record: . Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ORRSTOWN BANK 77 EAST KING STREET SHIPPINSBURG, PA 17257 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, P A 171 05-8486 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 Last Known Address (if address cannot be reasonably ascertained, pleasc indicate) Tenant/Occupant 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3. 2005 DATE ~ G lrA1 DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff r-"~ ,'") .-:;;:) 4-' "'"' -;(~~ ';;-:J , C":> (~'. .."., (? {.;.> . ~ BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 03-4997-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR" DECEASED Defendant(s). March 3, 2005 TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. Your house (real estate) at, 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $88,220.331 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 RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause 3. You may also be able to stop the sale through other legal proceedings. ; . You may 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. Ifthe 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 amount 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 of the 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 ten (10) 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 d. .' LEGAL DESCRIPTION ALL OF THAT CERTAIN WT OF GROUND Wlnt A BRICK DWELf:.ING HOUSE AND FRAME STABLE THEREON ERECTED, SITUATED IN SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND KNOWN AS 225 SOUTH EARL STREET, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON ntE SOUTHERN EDGE OFntE RIGHT OF WAY OF THE PHILADELPHIA & READING RAILROAD (filE READING COMPANY) WHERE IT INTERSECTS THE RIGHT OF WAY OF THE PENNSYLVANIA RAILROAD (c. V. DIVISION); THENCE SOUTHWARDLY WITH THE UNE OF THE RIGHT OF WAY OF THE SAID PENNSYLVANIA RAILROAD AWNGSOUTH EARL STREET, EXTENDED, TO A STAKE; THENCE EASTWARDLY ACROSS THE SAME STREET OF ROAD AND ALONG THE LINE NOW OR FORMERLY OF TIlE ATLANTIC REFINING COMPANY TO AN mON POST AT CORNER OF LAND NOW OR FORMERLY OF TIlE SAID ATLANTIC REFINING COMPANY; THENCE SOUTHWARDLY WITH THE SAID ATLANTIC REFINING COMPANY ONE HUNDRED (100) FEET TO AN IRON POST PREVIOUSLY WCATED NEAR THEOIL TANK OF , THE SAID COMPANY; THENCE NORTHWARDLY FORTY-8IX AND TWENTY-FIVE HUNDREDTHS (46.25) DEGREES EAST ONE HUNDRED EIGHTY-SIX AND FIVE-TENTHS (186.5) FEET TO AN IRON PIN AT LAND NOW OR FORMERLY OF WILBUR E., AND DAVID P. DETWILER; THENCE WITH THE SAID LAND NOW OR FORMERLY OF DETWILER NORTHWARDLY TWENTY-THREE (23) DEGREES WEST TWO HUNDRED FlFfY- SEVEN (257) FEET TO SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY NEAR A CLUMP OF WCUST TREES; THENCE WESTWARDLY WITH THE SAID RAILROAD TO THE PLACE OF BEGINNING. LESS, A CERTAIN STRIP OF LAND CONVEYED TO THE READING C!JMPANY DESCRIBED AS FOLWWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY AT CORNER OF LAND NOW OR FORMERLY OF WILBUR E. AND DAVID F. DETWILER; THENCE SOUTH TWENTY- SIX (26) DEGREES NINETEEN (19) MINUTES EAST TWENTY-EIGHT AND FIVE-HUNDREDTHS (28.05) FEET TO A' STAKE; THENCE WITH LAND NOW OR FORMERLY OF HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, NORTH EIGHTY-EIGHT (88) DEGREES THIRTEEN (13) MINUTES WEST TWO HUNDRED FIFTEEN AND FIFTY -ONE HUNDREDTHS (215.51) FEET TO A STAKE AT LA....I) NOW OR FORMERLY OF THE PENNSYLVANIA RAILROAD; THENCE NORTH TWELVE (12) DEGREES THIRTY (30) MINUTES WEST TWENTY -FIVE AND FORTY-THREE HUNDREDTHS (25.43) FEET TO A STAKE ON THE RIGHT OF WAY OF THE READING COMPAJ"lY AFORESAID; THENCE WITH THE SAID RIGHT OF WAY TO THE PLACE OF BEGINNING. CONTAINING 109/1000 ACRES SOLD ANI) CONVEYED OUT OF THE LAND FIRST AFORESAID BY HARRY MCELHARE AND EMMA MCELHARE. HIS WIFE. TO T!'" QEAOING COMPANY. Vested by Warranty Deed, dated 3120/99, given by Randy G. Bigler and Carol D. Bigler, husband and wife to Luther W. Chambers and Catherine P. Chaml>~rs, husband and wife and recorded 4120/99 in Liber Book: 197 Page: 905 PROPERTY ADDRESS: 225 SOUTH EARL STREET, SHIPPENSBURG, P A 17257 T AX PARCEL: # 36-35-2388-001 r....,_) ~:;:5 (") ~,:.n ~n .,...,~ ::~,~ :::-0 , CO ~I? (::) c--:~ PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK, AS TRUSTEE vs. CUMBERLAND COUNTY COURTOFCO~ONPLEAS CNIL DNISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED NO.03-4997-CNIL VFRTFTrATTON I hereby certify that a true and correct copy of the Notice of Sheriff's Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED on 3L8L05. at 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257, in accordance with the Order of Court dated, 10//i101. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsificaton to authorities. ~ '" Q ~~~"" 0 ~ D L G. SCHMIEG, ESQUIRE TTORNEY FOR PLAINTIFF DATE: April 8, 2005 > PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoema ker, Classified Sales 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 13th, 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) M~rch J2L 2005 COPY OF NOTICE OF PUBLICATION 5~ --,~-~ ---- -- .. . NOTICE OF ACTION IN MORTGAGE fORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4997 - CIVil BANK OF NEW YORK, AS TRUSTEE, PLAINTIFF YS, UNKNOWN HEIRS, SUCCESSORS. ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W, CHAMBERS, JR, DECEASED, DEFENDANT(S) NOTICE TO: UNKNOWN HEIRS, SUCCESSORS. ASSIGNS. AND ALL PERSONS. FIRMS. OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBEAS, JR., DECEASED "NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" TAKE NOTICE that the real estate located at 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 is scheduled to be sold at Sheriff's Sale on WEDNESDAY, JUNE 8, 2005 AT 10:00 A.M. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgement of 88,220.331, obtained by BANK OF NEW YORK, AS TRUSTEE, AS ATTORNEY IN FACT (the mortgagee). Prop. sit. in SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA. Being Premises: 225 SOUTH EARL STREET, SHIPPENSBURG. PA 17257. Improvements consist of residential property. Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT. TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS-. JR.. DECEASED Terms of Sale: As the auctioneer knocKs down a property to a successful bidder, ten (10%) percent of the purchase price or aU costs, whichever is higher. shall be delivered to the Sheriff and, upon default of such payment. the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than Friday, JUNE 24, 2005 at 12:00 p.m., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-soldon WEDNESDAY, JUNE 29. 2005 at 10:00 A.M., prevailing time in the Office of the Sheriff. TAKE NOTIC!;: that a Schedule of Olstribution will be filed by the Sheriff, on FRIDAY, JULY 1,2005 and the distribution will be made in accordance with the schedule unless expectations are filed thereto within ten (10) days thereafter. 'Daniel Schmieg, Esquire Suite 1400, One Penn Center 1617 John F. Kennedy Boulevard Philadelphia,.PA 19103-1814 (215) 563-7000 Attorney for Plaintiff 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. I ~tt'Vnj 1ef'1N{b"-yt-- Sworn to and subscribed before me this .lli th. day of MarchL200;i ~~!~ My corrunission expires: 4j jt1r COMMONWEALTH OF PENNS't LVANIA Notarial Seal Christina L. Wolle, Nola/}' Public Carlisle Born. Cumber1and County My Commission ExpIres Sepl1, 2008 Member, Pennsylvania AsSOciation Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Curnberland 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 officiallegaJ 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 March 25, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ , /1 fi Ie. lJ~ L" a Marie Co e, Editor ,/ SWORN TO AND SUBSCRIBED before me this 25 day of March, 2005 \ NOTARI SEAL LOIS e, SNYDER. Notary Public Carlisle Boro, Cumberland County My Commission EJcplres March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No, 03-4997-CivJI BANK OF NEW YORK. NJ TRUSTEE. PLAlNTIFF vS. UNKNOWN HEIRS. SUCCESSORS. ASSIGNS. AND ALL PERSONS. FIRMS. OR ASSOCIATIONS CLAlMING RIGHT. TITLE. OR INTEREST FROM OR UNDER LUTHER w, CHAMBERS. JR.. DECEASED, DEFENDANT(S) NOTICE TO: UNKNOWN HEIRS. SUCCES- SORS. ASSIGNS. AND ALL PER- SONS. FIRMS. OR ASSOCIA- TIONS CLAIMING RIGIIT. TITLE. OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS. JR.. DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 225 SOUTH EARL STREET. SHIPPENSBURG. PA 17257 is scheduled to be sold at Shertff s Sale on WEDNESDAY. JUNE 8. 2005 AT 10:00 A.M, in the Cum. berland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of 88.220,331. obtained by BANK OF NEW YORK. AS TRUSTEE, AS AT- TORNEY IN FACT (the mortgagee), Prop. sit. in SHIPPENSBURG TOWNSHIP, CUMBERLAND COUN- TY. COMMONWEALTH OF PENN- SYLVANIA. Being Premises: 225 SOUTH EARL STREET. SHlPPENSBURG, PA 17257, Improvements consist ofresiden~ tial property. Sold as the property of UNKNOWN HEIRS. SUCCESSORS. ASSIGNS, AND ALL PERSONS. FIRMS. ORNJ- SOCIATIONS CLAIMING RIGIIT. TI. TLE, OR INTEREST FROM OR UN- DER LUTHER W, CHAMBERS. JR. DECEASED. Terms of Sale: As the auctioneer knocks dawn a property to a success- ful bidder. ten (10'%) per cent of the purchase prtce or all costs. whichev- er is higher, shall be delivered to the Sheriff and, upon default of such payment, the SheIiff shaJl direct the auctioneer to resell the property. In all cases, the baJance of the success- ful bid shall be paid to the Sheriff not later than Friday, JUNE 24, 2005 at 12:00 P.M., prevailing time. Other- wise, aJl monies paid will be forfeited and the property will be re-sold on WEDNESDAY. JUNE 29. 2005 at 10:00 A.M., prevailing time in the Office of the Sheriff. TAKE NOnCE that a Schedule of Distribution will be filed by the Sheriff. on FRIDAY. JULY 1. 2005 and distribution will be made in ac- cordance with the schedule unless exceptions are filed thereto within ten (IO) days thereafter. DANIEL SCHMIEG. ESQUIRE AUorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia. PA 19103-1814 (215) 563-7000 Mar. 25 3 1 ~ocr U2lJJOJ~ ~~. .... ~2L1' ,.....~,,~J;,~~~J.;,{Al)tN;lPl'IJ:EI,~,.J,!,~.~~;~f!~fl[l~f:.;<4l~~~i;:!li.;;.;j.";:J'~I~"~$ii~'t':i".i;;i(i;:.'."........'~'. ~i~~ '~:;'!/"'f>i.t.'J/~X:",,~~!l'i,~".!MbIJt>lA':l",.!'~":!!"" ~.",*",,,,",,,,,,,..,,,,",,,,.~~~n<:l~X.f9$-.P!~"_/!'.1"i..;!f_~i".,,,,.k , . ATIORNEY lD. #62695.," '~Penn~ter'jftslili~s"""~ :..,l<ti'400~ .,.u '., ..... '.. '" 'mBf ......"".p. . l~' . 3;,'1 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, CUMBERLAND COUNTY AND.ALL PERSONS, FIRMS OR ASSOCIATIONS ~1t~,;:~J~;~~:f~~~~k,~~~1ID~;4!t';'-:~~;;,":":;-;" ORDER AND NOW, this & .th";:;'~K}.~OkR, 2003, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Reinstated Complaint on UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TIfLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS,.JR, DECEASED by mailing a !rue and correct copy of the complaint by Certified mail and Regular mail,. by posting the m?~.ed nr<:mises at 225 ,SOUTH EARL STREET, SHIPPENS.BURG\PA 17257, G.f\d... ~ ~IO.s O~e. I~ ~ l\eW::'~Q.S\ of 3e~eR.o...\ c'lfClJ.. <Jioo iN ClAmberlancl (' OW\\v a.nd. '11..\ e.um'oer\o.OQ... Service of the aforementioned mailings is effecttve upon 'In'e oate M maifing mid'is to be Cou.n\t done by Plaintiffs attorney, who will file with the ProthonotarY's Office an Mfidavit of Service.- la.w ~~ IS ~ ~~;; ~~ ?:LbD 3'111 't&lf6 613"1 5572 TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITL OR INTEREST FROM OR UNDER LUTHEI W. CHAMBERS; JR., DECEASED 2l5S0UTH EARL STREET SENOeW!IPPENSBURG, PA 17257 . TEAM2 MAB REFERENCE: CHAMBERS, LUTHER PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail I No Insurance Coverage Provided Do Not Use for International Mail , 'n__"__,..__,_._.___.__u.'.....n._n_..u.....,.._.,. _._.n',n.._.~'..._'-'"..,.~,.....___..n'___."",_,.;,~__? ,"'- C) C' .....' c? ,.:.;::> Cf' ?;; /,::1 - - , :;::~ -- - -> -.,. - ~ :7..." rr\r:: -0(11 cOY ?/~ ~l~ ..2;i,\~ ~~4 ~~1 - '-f! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK, AS TRUSTEE ) CIVIL ACTION ) vs. UNKNOWN HEIRS, SUCCESSORS, ) CIVIL DIVISION ASSIGNS, AND ALL PERSONS, FIRMS,) NO. 03-4997,CIVIL OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR.,DECEASED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for BANK OF NEW YORK., AS TRUSTEE hereby verify that on March 8. 2005 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 28. 2005 ) DANIEL G. C IEG, ESQUIRE Attorney for Plaintiff BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED CIVIL DIVISION NO.03-4997-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK., AS TRUSTEE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, P A 17257 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) C.F.J.M.A 725 MUNICIPAL DRIVE C/O ANGELIQUE RININGER SHIPPENSBURG, PA 17257 SPRINT TELEPHONE 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 4. Name and address oflast recorded holder of every mortgage ofrecord: ~ Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ORRSTOWN BANK 77 EAST KING STREET SHlPPINSBURG, PA 17257 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 Domestic Relatious of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3. 2005 DATE ~G,~r~ DANIEL G. SCHMIEG, SQUIRE Attomey for Plaintiff , . ~~g.lt;l g g"il . ~~gag; .... 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MAILED FROM ZIP CODE 19103 I I I I I I II - --' o - '" r 5' " 0>2: .., Q. .. g' ~ e. " '" '" Q."''' '" '" " .., Q. :l> ;:l. (j' m z c: 3 cr .. ~ ~ ~~~;g ~ ~ -..] ~ tT:l 2, o..~"t;;t""'" ~ ~g.g~ a. tr;(')~ ,. J'. (1l so ""0 ~ a ~ ). (D ~ ~ ~ _ g .. t::l r \O(Tl""'"L." [ o~ ~ ~ ~ ~~!~ ~ ~~~ 0 ~ ~a~~ ~ ~&,g.;t1 ....., c:" ~ ..' R1 i~ ~C) .g ~ r-' ~ 0 i:-< "I :-u c.~ "', c.:: '.".:;.'-, c.rl c> -n :::} :,cii :;- -',' COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Bank of New York Tr is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 8th day of march, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4997, at the suit of Bank of New York Tr against Luther W Chambers Jr Tr is duly recorded in Sheriffs Deed Book No. 269, Page 3923. IN TESTIMONY WHEREOF, I ha/i.ereunto set my hand and eal of said office this 7 day of ,A.D. corder 0 f Deeds Bank of New York, as Trustee VS Unknown Heirs, Successors, Assigns And all Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Luther W. Chambers, Jr., Deceased In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003,4997 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 10,2005 at II :24 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Unknwon Heirs, Successors, Assigns and all Persons, Firms, or Associations Claiming Right, Title or Interest from or under Luther W. Chambers, Jr., Deceased, pursuant to order of court by posting the premises located at 225 South Earl Street, Shippensburg, Cumberland County, Pennsylvania, according to law. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 7:31 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title, or Interest from or under Luther W. Chambers, Jr., deceased located at 225 South Earl Street, Shippensburg, 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 ofthe action to the within named defendant, to wit: Unknown Heirs, Successors, Assigns, and all Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Luther W. Chambers, Jr., Deceased, by regular mail to their last known address of 225 South Earl Street, Shippensburg, P A 17257. This letter was mailed under the date of April 18, 2005 and returned to the Sheriffs Office unopened on April 21, 2005. 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 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Bank of New York as Trustee. It being the highest bid and best price received for the same, Bank of New York, as Trustee of7105 Corporate Drive, PIano, TX 75024, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$I,156.93. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer $30.00 22.69 15.00 15.00 30.00 10.00 Posting Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 6.00 1.00 29.60 5.48 15.00 20.00 .37 470.00 405.82 16.47 25.00 39.50 $ 1,156.93 Sworn and subscribed to before me So Answers: ~ ThiSLdaYOf~ /f7--~ 1'~ (1 ..-: "Ii. Thomas Kline, Sheriff 2005,A.D.~. (2~J~k ~ " I Prothonotary , BY J,r\,.v",) (.1A A i V\ Real Estate .j;beputy ~~ 30iJ"> I uV C~ 5()311 e.u, {(,(.o YJ BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, v. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4997-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK, AS TRUSTEE, Plaintiffin the above action, by its attorney, DANIEL G. SCHMIEG, 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 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address ofDefendant(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 Last Known Address (if address cannot be reasonably ascertained, please indicate) C.F.J.M.A 725 MUNICIPAL DRIVE C/O ANGELIQUE RININGER SHIPPENSBURG, P A 17257 SPRINT TELEPHONE 213 W. LAPORTE P.O. BOX 190 PLYMOUTH, IN 46563 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ORRSTOWN BANK 77 EAST KING STREET SHIPPINSBURG, P A 17257 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERIT ANCE TAX DIVISION ATTENTION: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPARTMENT 280601 HARRISBURG, PA 17128 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg,PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3. 2005 DATE ~G,]rAmit.t DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff . BANK OF NEW YORK, AS TRUSTEE Plaintiff, CUMBERLAND COUNTY v. No. 03-4997-CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED Defendant(s). March 3, 2005 TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR, DECEASED 225 SOUTH EARL STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at. 225 SOUTH EARL STREET. SHIPPENSBURG. PA 17257. is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $88,220.331 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 RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause 3. You may also be able to stop the sale through other legal proceedings. , You may 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. I. If the Sheriffs 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 Sheriff the full amount 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 ofthe 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 tirne, 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 of the 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 ten (10) 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL OF THAT CERTAIN WT OF GROUND WlTIl A BR1CK DWELLING HOUSE AND FRAME STABLE THEREON ERECTED, SITUATED IN SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND KNOWN, AS 225 SOUTH EARL STREET, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON TIlE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE PHILADELPHIA & READING RAILROAD (filE READING COMPANY) WHERE IT INTERSEcrs THE RIGID OF WAY OF THE PENNSYLVANIA RAILROAD (Co V. DIVISION); TIlENCE SOUTHWARDLY WITH THE LINE OF THE RIGHT OF ,.....WAY OF ')'HE SAID PENNSYLV AI'lIA RAILROAD AWNGSOUTH EARL STREET, EXTENDED, TO A STAKE; . . 'rimNCE EASTWARDLY ACROSS TIlE SAME STREET OF ROAD AND AWNG THE LINE NOW OR FORMERLY ~'."'....A";,fti+...',,, ..,....-";....."...,.... "....,.~.. -,....... "..-.....,--,......'-'....,.;._...-..'.',....~,.;. ..........'.- ..,....,...<..',., -,- ...-..,........',', ........ ,..,...... ....... .. .. ,'.............. .... .. ." -,-, .. ..,' ',.,. . .'. OF TIlE ATLANTIC REFINING COMPANY TO AN IRON POST AT CORNER OF LAND NOW OR FORMERLY OF 11IE SAID ATLANTIC REFINING COMPANY; THENCE SOUTHWARDLY WITH THE SAID ATLANTIC REFINING '>, COMPANY ONE HUNDRED (100) FEET TO AN IRON POST PREVIOUSLY LOCATED NEAR THEOlL TANK OF , THE SAID COMPANY; THENCE NORTHWARDLY FORTY-SIX AND TWENTY-FIVE HUNDREDTHS (46.25) DEGREES EAST ONE HUNDRED EIGHTY-SIX AND FIVE-TENTHS (186.5) FEET TO AN IRON PIN AT LAND NOW OR FORMERLY OF WILBUR E.. AND DAVID P. DETWILER; THENCE WITH THE SAID LAND NOW OR FORMERLY OF DETWILER NORTHWARDLY TWENTY-THREE (23) DEGREES WEST TWO HUNDRED FlFTY- SEVEN (257) FEET TO SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY NEAR A CLUMP OF LOCUST TREES; THENCE WESTWARDLY WITH THE SAID RAILROAD TO THE PLACE OF BEGINNING. LESS, A CERTAIN STRIP OF LAND CONVEYED TO THE READING C~MPANY DESCRIBED AS FOLWWS: BEGINNING AT A STAKE ON THE SOUTHERN EDGE OF THE RIGHT OF WAY OF THE READING COMPANY AT CORNER OF LAND NOW OR FORMERLY OF WILBUR E. AND DAVID F. DETWILER; THENCE SOUTH TWENTY- SIX (26) DEGREES NINETEEN (19) MINUTES EAST TWENTY -EIGHT AND FIVE-HUNDREDTHS (28.05) FEET TO A STAKE; THENCE WITH LAND NOW OR FORMERLY OF HARRY MCELHARE AND EMMA MCELHARE, HIS WIFE, NORTH EIGHTY-EIGHT (88) DEGREES THIRTEEN (13) MINUTES WEST TWO HUNDRED FIFTEEN AND FIFTY -ONE HUNDREDTHS (215.51) FEET TO A 81' AKE AT LA.I'lD NOW OR FORMERLY OF THE PENNSYLVANIA RAILROAD; THENCE NORTH TWELVE (12) DEGREES THIRTY (30) MINUTES WEST TWENTY-FIVE AND FORTY-THREE HUNDREDTHS (25.43) FEET TO A STAKE ON THE RIGHT OF WAY OF THE READING COMPANY AFORESAID; THENCE WITH THE SAID RIGHT OF WAY TOTHE PLACE OF BEGINNING. CONTAINING 109/1000 ACRES SOLD AND CONVEYED OUT OF THE LAND FIRST AFORESAID BY HARRY MCELHARE AND EMMA ~1CELHARE. HIS WIFE, TO T!W RF.AOING COMPANY. Vested by Warranly Deed, dated 3/20/99, given by Randy G. Bigler and Carol D. Bigler, husband and wife to Luther W. Chantbers and Catherine P. Chantl>~rs, husband and wife and recorded 4120/99 in Liber Book: 197 Page: 905 PROPERTY ADDRESS: 225 SOUTH EARL STREET, SHIPPENSBURG, PA 17257 TAX PARCEL: # 36-35-2388-001 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4997 Civil 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 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER LUTHER W. CHAMBERS, JR., DECEASED, (I) You are directed to levy upon the property of the defendant (s)and to sel1 SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $88,220.31 L.L. Interest FROM 1/8/04 TO 618/05 (PER DIEM - $14.50) - $7,482.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1,231.71 Other Costs Plaintiff Paid Date: MARCH 8, 2005 CURTIS R. LONG (Seal) prothona '-B.y: a., · ~P. ~>2n..-,. r Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEV ARlJ, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 10 No. 62205 Real Estate Sale #39 On March 09, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA Known and numbered as 225 South Earl Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09,2005 ByJoJt( JMltL. Real Estate Deputy ~ ~ ~ Gi>. ~ 01 :11 'tt b- HVH ~aal <td 'Ai'f)j'l "" , '" I , lJ ~..' lJ -., '~ _ _i.:!:'-- j" :UI1:!3HS 3H1' ~ioiI5J~Lj'o" 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 Sundayl Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true: and That he 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 MiscelIaneous Book "M", Volume 14, Page 317. COpy S ALE #39 .bed before ~s 25th day 0 f;;~ PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 405.82 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By,................................................................... ~. .._-t"'.~ ~~ ........ ...' Jr., -17I_cr~ rd AtIy:..... 'Schmleg IlESCRIl'11ON ...:-~~~=~ ;,~~\B&~ ft.lIo>n: .....tbo..rtbori&fll......."c#.tbo'.. ~RaikooI 5El1! aadod. ro a" _ - - -R'OI$ same _c#.lOlllI':I:~tbo .....or fomJOIly ol'lbc -1liliaii1J CoaipIDy to III ililIlpoolal......ofJoid......a...,"... raid AlIIlItic R.fioiDI'~ .....,. SooIIIwDdly widt tbo Aid. ~ ~ ~y ODe boodIod (100) loot" . ... ,... po:vioosly__tbooil_"...raid ~y; dlllO<< NoIthwanIIy Iiot; JIj -.I """"y file boIldltIlIbs (4625)..... ... ... _ei8b<Ysixaodfivtlel1ll1s(I86.l)Ioot" III iroopinallaol\.... orfomJOlly of_E. , andIlavidP.lletwk;dlllO<<wilIltboraidllllll ....orfomJOllyofDotwiJor_.~_ _ (23)..... We;t... _ seveo (257) &:et" _ odge oftbo ..........y of tbo R<adiog Compooy ... . cltm1p ol Locust _;1hcocew..o...illywillllboraidmilroadID lbopll<eofBOO1NNlNG. , LESS,.cabinlllipol,\iobdl:OOVeyedto. Ibo P~doo<rihed.._: al......"'Ibo_edge olIboD,l1t..._ of""R<adiog~y al ,,,,,",,oflaol\.... or fomJOIly of Wilbur ij.and Dam F.!loIwikt:; Ibeu<e SouIh _ six (~ depa........(l9)..-Eaat""""Yei8bl andfivt_(28Jl5)&:etto.s1lll<;1hcoce wilhllllll...."'fomJOIlyolllany_aod __,biJ,.....Northei8b<Yei8bl(88) dcpeeadidoen(13)....... ...._ liIiloaandlilly__(21S.5I)&:etto. ..... alllllll....orfomJOlly oflbo l'amaylvaoia llaiIrood;1hcoceNoob_(t2)depalbidy (30_.""""Yli..andflllty_ _(25AJ)&:etto._'OIIlborigbt.of. way of tbo lladiDg ~y afuRsaid; 1hcoce wilb1'1be said right-<d-way to -. Ibc place of BOOINNING. CONTAINIIIG 10911000 ..... .8DId aod ctJIlVO)'id "" of tbo 1aIl1ial_ by IIaoy _1IIlIl_-..,his.....tolbo IIooIiIg Company. Veso:d by ~~. ~. \Ial<d 3121l199,. = Raody G. aid Carol D. Bigler, aod_.to W.CI1aoiboIsaid c--.. P. ClIootIIi. _ 1IIlIl ...., aod _4f1/II9fitW.._. 1'11. "SIlI'i.' PROI'liII'Y ~.m... Ell! _.~.PA!'IlST. TAXlMl:llllo.Jll.35-~1. 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 ofthe 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 ofthe said Cumberland Law Journal on the following dates, V1Z: April 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place ann character of publication are true. SWORN TO AND SUBSCRIBED before me this 29 day of April AL SEAl. LOIS E. SNYDER, Notaly Public CIIli8Ie Boro. CumbeIIand County My CommiBllrn &pires Marth 5, 2009 REAL ESTATE SALE NO. 39 Wrtt No. 2003-4997 Civil Bank of New York, as Trustee vs. Unknown Heirs. Successors, Assigns. and all Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Luther W. Chambers. Jr., Deceased Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL OF THAT CERTAIN lot of ground with a brick dwelltng house and frame stable thereon erected. situated in Shippensburg Township, Cumberland County. Pennsylvania, and known as 225 South Earl Street, bounded and described as follows: BEGINNING at a stake on the southern edge of the right of way of the Philadelphia & Reading Railroad (the Reading Company) where it in- tersects the right of way of the Penn- sylvania Railroad (C. V. Division); thence southwardly with the line of the right of way of the said Penn- sylvania Railroad along South Earl Street, extended, to a stake; thence eastwardly across the same street of road and along the line now or formerly of the Atlantic Refining Company to an iron post at comer of land now or formerly of the said Atlantic Refining Company; thence southwardly with the said Atlantic RefinIng Company one hundred (100) feet to an iron post previously located near the oil tank of the said company; thence northwardly forty- six and twenty-five hundredths (46.25) degrees East one hundred eighty+six and five-tenths (186.5) feet to an iron pin at land now or formerly of Wilbur E. and David P. Detwiler; thence with the said land now or formerly of Detwiler north- wardly twenty-three (23) degrees West two hundred fifty-seven (257) feet to southern edge of the right of way of the ReadIng Company near a clump of locust trees; thence west- wardly with the said railroad to the place of beginning. LESS, a certain strip ofland con- veyed to the ReadIng Company de~ scribed as follows: BEGINNING at a stake on the southern edge of the right of way of the ReadIng Company at comer of land now or formerly of WIlbur E. and David F. Detwiler; thence South twenty-six (26) degrees nineteen (19) minutes East twenty-eight and five- hundredths (28.05) feet to a stake: thence with land now or formerly of Hany McElhare and Emma McEI- hare, his wife, North eighty-eight (88) degrees thirteen (13) minutes West twn hundred fifteen and fifty- one hundredths (215.51) feet to a stake at land now or formerly of the Pennsylvania Railroad; thence North twelve (i2) degrees thirty (30) min- utes West twenty-five and forty- three hundredths (25.43) feet to a stake on the right of way of the Read- Ing Company aforesaid; thence with the said right of way to the place of beginning. Containing 109/1000 acres sold and conveyed out of the land first aforesaid by Harry McEI- hare and Emma McElhare. his wife, to the Reading Company. Vested by Warranty Deed, dated 3/20/99. given by Randy G. Bigler and Carol D. Bigler. husband and wife to Luther W. Chambers and Cather- ine P. Chambers, husband and wife and recorded 4/20/99 in Uber Book: 197 Page: 905. PROPERTY ADDRESS: 225 SOUTH EARL STREET. SHIPPENS- BURG. PA 17257. TAX PARCEL: #36-35-2388-001.