HomeMy WebLinkAbout03-5678MIDFIRST BANK IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CiVIL ACTION - LAW
RICARDO RODRIGUEZ A/KJA L.L.
Defendant
ACTION OF MORTGAGE FORECLOSURE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
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 the Complaint and notice are served, by entering a written appearance personally or by attorney and
filing in writ'rog 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 agffmst you by the Court without further notice for any money
cl~ftm in the Complaint of for any other claim or relief requested by the Plffmtiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE
SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO,
REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION
CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU
PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y
REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA
DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA
DE ABOGADOS), (215) 238-6300.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COLrNTY BARASSOCIATION 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
MIDFIRST BANK,
Plaimiff
VS.
RICARDO RODRIGUEZ A/K/A L.L.,
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. 1601
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any
information obtained will be used for that purpose. The amount of the debt is stated in this
Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty
(30) days after your receipt of this notice disputes the validity of the aforesaid debt or any
portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is
valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day
period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plalntiffand mail same to Debtor. Upon
written request by Debtor to the undersigned attorney within said thirty (30) day period, the
undersigned attorney will provide debtor with the name and address of the original creditor if
different from the current creditor.
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
MIDFIRST BANK,
Plaintiff
VS.
RICARDO RODRIGUEZ A/K/A L.L.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW c;'..~ -,lb,7 7
ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, MIDFIRST BANK, is a Corporation, with an address of 999 N.W. GRAND BOULEVARD
SUITE 100, OKLAHOMA CITY, OKLAHOMA 73118.
2. Defendant, RICARDO RODRIGUEZ A/K/A L.L., is an adult individual, whose last known address is
216 MCALLISTER CHURCH ROAD, CARLISLE, PENNSYLVANIA 17013.
On or about, September 22, 2000, the said Defendant, executed and delivered a Mortgage Note in the
sum of $71,298.00 payable to CARDINAL FINANCIAL COMPANY, which Note is attached hereto
and marked Exhibit "A".
Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain
real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and
Commonwealth in Mortgage Book 1640, Page 771 conveying to original Mortgagee the subject
premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and recorded in
the aforesaid County in Mortgage Book 655, Page 946. The Mortgage was subsequently assigned to
MIDFIRST BANK and recorded in the aforesaid County in Mortgage Book 694, Page 2626. The Said
Mortgage and Assignments are incorporated herein by reference.
5. The land subject to the Mortgage is: 216 MCALLISTER CHURCH ROAD, CARLISLE,
PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the property.
7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on May
01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage:
UNPAID PRINCIPAL BALANCE
$69,960.11
Interest at $17.01 per day
From 04/01/2003 To 11/01/2003
( based on contract rate of 8.875%)
$4,150.44
Accumulated Late Charges
$125.07
Late Charges $31.22
From05/01/2003to 11/01/2003
$218.54
Escrow Balance
$235.73
Attorney's Fee at 5% of Principal Balance
TOTAL
$3,498.01
$78,187.90
**Together with interest at the per diem rate noted above after November 01, 2003 and other charges
and costs to date of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of
1974 is not required in the original principal balance exceeds $50,000.00.
10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any
way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended.
11. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners'
Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time
limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for
assistance.
WltEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 8.875% ($17.01 per diem), together with other charges and
costs including escrow advances incidental thereto to the date, j~fSheriffs Sale and for foreclosure and sale of
the property within described. By: ~/(~5]~k/ /~ ~
PURCELtL/IOIUG & HALLER
Leon P. H~ler, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
NOTICE:
WITHOUT
LOAN NO. 30-000277
NOTE
THIS LOAN IS NOT ASSUMABLE
THE APPROVAL OF THE
DEPARTMENT OF VETERANS AFFAIRS OR
ITS AUTHORIZED AGENT.
September 22, 2000
Trevose Pennsyl van1 a
[c~yl
216 HcAllister Church Road,Carlisle,PA ~ 17013
[Property Addre~]
1. BORROWER'S PROMISE TO PAY
In ratum for a loan that I have received, I promise to pay U.S. $ 71,298.00 (this amount is called
'principal'), plus Interest, to the order ofthe Lender. The Lender is Cardinal Financial Company, a Limited Partnership
organized and existing under the laws of the Commonwealth of Pennsylvania. I understand that the Lender may transfer
this Note. The Lender or anyone who takes this Note by transfer and who Is entlifed to receive payments under this Note
is called the 'Note Holder.'
~. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate of 8.8750 %.
The Interest rate required by this Section 2 Is the rate I will pay both before and after any default described in
Section 6(8) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and Interest by making payments every month.
I will make my monthly payments on the I st day of each month beginning on November ], 2000
I will make these payments every month unt~ I have ~ all of the principal and Interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to Interest before principal. If, on
October 1. 2030 , I still owe amounts under this Note, I will pay those areounte In full on that date, which Is
called the 'Maturity Date.'
I will make my monthly payrnents at P.O. Box 147, Trevose, PA 19053
or at a different place If required by the Note H~der.
(B) Amount of Monthly Payments
My monthly payment will be In the amount of U.S, $ 567.28
4. BORROWER1 RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only Is
known as a 'prepayment." When I make a prepayment, I will tM the Note Holder In writing that I am doing so.
I may make a full prepayment or partlaJ prepayments without paying any prepayment charge. The Note Holder will
use ail of my prep.a, yments, to reduce the amount of principal that I owe under this Note. if I make a parUal prepayment,
there will be no changes In the due date or In the amount of my monthly payment unless the Note Holder agrees In
writing to those changes.
MULTISTATE FIXED RATE NOTE - Single Family. Fannie M~,e/Freddle Ma= Unlfomt In~flml~tt
w c~ ~a,. 10-10-6-0546185
ELF-EVisaO~.m
Farm ~00 1~,/83
~Jw~lded 4/92
LOAN NO. 30-000Z77
5. LOA~ CHARGES
If a law, which applies to this loan and which sate mexlmum loan charges, is flnaifyinterpreted so that the Interest
or other loan charges coliaclad or to be collected in connection with this loan exceed th.e permitted limit~.., then.: .(,,Q. any
such loan charge shall be reduced by the amount necessary to reduce the charge to me permlu.ed, lira;; cna [.~1 any
sums already collected from me which exceeded permitted limits will be relunded to me. The Note Holder may onoose
to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund
reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of ],5 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the cherge will be
4.0000 % of my overdue payment. I will pay this late charge promptly but only once on each late
peymenL
(B) Default
If I do not pay the full amount of each monthly payment on the date It is due, I will be In defaulL
(C) Notice of Default
If I am In default, the Note Holder may send me a written notice telling me that If I do not pay the overdue amount
by a cehaln date, the Note Holder may require me to pay immediately the full amount of principal which has not been
sja~dddeland all the Interest that I owe on that amount. That date must be at least 30 days after the date on which the notice
Ivered or mailed to me.
(D) No Waiver by Note Holder
Even If, at a time when I am in default, the Note Holder does not require me to pay Immediately In full as described
above, the Note Holder wfl stlit have the right to do so if I am In default at a later time. (E) Payment of Note Holder's Costs and Expensea
If the Note Holder has required ms to pay immediately in full as described above, the Note Holder will have the
dght to be paid beck by me for all of Its costs and expenses In enforcing this Note to the extent not prohibited by
applicable law. Those expanses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless appllcebJe law requires a different method, any notice that must be given to me under this Note will be
given by delivering It or by mailing it by first class mall to me at the Property Address above or at a different address ff I
give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing It by first class maB to the
Note Holder at the address stated In Section 3(A) above or at a different address If I am given a notice of that different
address.
8. OBUGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises
made in this Note, Including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations
of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made In this Note. The Note
Holder may enforce Its dghts under this Note against each person Individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other parson who has obligations under this Note waive the rights of presentment end notice of dishonor.
'Presentment' means the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor'
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. ALLONGE TO THIS NOTE
If an allonge providing for payment adjustments or for any other supplemental Information is executed by the
Borrower together with this Note, the covenants of the allonge shail be incorporated into and shall amend and
supplement the covenants of this Note as If the allonge were a part of this Note. [Check applicable box]
[_--]Gmduatad Payment AJlonge J--1Other [Specify] J-]Other [Specify]
vA c,a~ ~. ~10-10-6-0546].85
LOAN NO. 30-000277
'11. UNIFORM SECURED NOTE
This Note Is a uniform Instrument with limited variations In some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument'), dated the
same date as this Note, protects the Note Holder from possible losses which might result If I do not keep the promises
which I make in this Note. That Security Instrument describes how and under what conditions I may be required to
make Immediate payment In full of all amounts I owe under this Note. Some of those conditions are descflhed as
follows:
Regulations (38 C.F.R. Part 36) lesusd under the Department of Veterans Affairs ('VA") Guaranteed !
Authority (38 U.S.C. Chapter 37) and In effect on the date of loan closing shall govern the fights, duties
and liabilities of the ps,lies to this loan and any provisions of this Note which are Inconsistent with such
regulations are hereby amended and supplemented to conform thereto.
//~STHE HAND(S).AND SJi~l..,~) OF THE UNDERSIGNED.
(s~)
$SN: SSN:
(Se~)
SSN: SSN:
(Se~)
SSN: SGN:
(Se~)
-Bomow~r
(sss0
(se~)
-Borrov~r
(Sea])
-Bom~w~
[Sign Original Only]
WITHOUT RECOURSE PAY TO THE ORDER OF:
HOMESIDE LENDING, INC.
22nd D~YOF September , 2000
Anna Felker, Asst. Secretary
VAC,..~. 10-10-6-0546185
ELF-SV laeo~
ALL THAT CERTAIN tract or 9arcel of land and premises,
situate, lying and being in the Township of West Pennsboro in the
County of cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
TRACT NO. 1: BEGINNING at a spike in the center of Township
Road 482 and corner of lands now or formerly of Earl Sheriff;
thence, South one (1) degree, twenty-one (21) minutes East, a
distance of forty-eight and one one-hundredths (48.01) feet to a
spike in the center of said Township Road 482 and corner of other
lands now or formerly of Lloyd R. Salisbury; thence, South
eighty-four (84) degrees, twenty-one (21) n%inutes West, a
distance of one hundred sixty-nine (169) feet along other lands
now or formerly of Lloyd R. Salisbury to a. post and corner of
lands now or formerly of Guy H. Foster, et ux; thence North seven
(7) degrees, twenty-eight 128) minutes, twenty (20) seconds West,
a distance of eighty-six and nine one-hundredths (86.09) feet
along other lands now or formerly of Guy H. Foster, et ux., to a
stake and corner of lands now or formerly of Earl Sherriff {or
Sheriff); thence South eighty-three ~83) degrees, twenty-five
(25) minutes East, a distance of one hundred seventy-nine and
forty one-hundredths (179.40) feet along lands now or formerly of
Earl Sherriff (or Sheriff), to a spike in the center 'of Township
Road 482 and place of BEGINNING.
SAID TRACT containing .264 acres and being in accordance with
the survey of Thomas A. Neff, Registered Surveyor, dated August
12, 1968.
SUBJECT to conditions and restrictions as set forth in'prior
deeds.
TRACT NO. 2: BEGINNING at a nail in the center of the public road
leading from Bear's Corner on the Carlisle-Newville Road to the
Ritner Highway at .McAllisters Church; thence by the center of
same, South three (3) degrees, forty (40) minutes East sixty (60)
feet to a nail; thence, by land now or formerly of Edward Hurley,
South eighty-four (84) degrees, fifteen (15) minutes West one
hundred sixty (160) feet to a stake; thence, by lands now or
formerly of Guy H. Foster, North seven (7) degrees, fifteen (15)
minutes West sixty (60) feet to a stake; thence by the same,
North eighty-four (84) degrees, forty-five (45) minutes East a
distance of one hundred sixty-seven (167) feet to a nail in th~
center of the aforesaid public ~oad, the place of BEGINNING.
CONTAINING 9,810 square feet, more or less. Under and subject
to the restrictions set forth in Deed Book "X", Volume 15, Page 177.
T~E ABOVE two tracts are improved with a dwelling house known
as and numbered 216 McAllister Church Road.
BEING THE SAME PREMISES which Michelle A. Barrick, by deed
to be recorded simultaneously herewith in the Cumberland County
Recorder of Deeds Office to grant and conve~:unto Ricardo
Rodriguez ...... t~
.779
COMPANY NAME: MIDFIRST BANK
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unswom falsification to authorities,
Dated ccrcem 29, 2oo3
Title
SHERIFF'S RETURN -
CASE NO: 2003-05678 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDFIRST BANK
VS
RODRIGUEZ RICARDO AKA LL
REGULAR
DAVID MCKINNEY ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
RODRIGUEZ RICARDO A/K/A LL
DEFENDANT , at 2047:00 HOURS,
at 216 MCALLISTER CHURCH ROAD
CARLISLE, PA 17013
RICARDO RODRIGUES
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 31st day of October 2003
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this ~ ~ day of
~ ~Prothonotar~
So Answers:
R. Thomas Kline
ii/03/2003
PURCELL KRUG HALLER
uepury Sheriff
MIDFIRST BANK,
PLAINTIFF
VS.
RICARDO RODRIGUEZ A/K/A L.L.,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) RICARDO
RODRIGUEZ A/K/A L.L. for failure to plead to the above action within twenty (20) days from date of
service of the Complaint, and assess Plaintiff's damages as follows:
Unpaid Principal Balance
Interest
Per diem of $17.01
From 04/01/2003
To 11/01/2003
Accumulated Late Charges
Late Charges
($31.22 per month to
11/01/2003)
Escrow Deficit
$69,960.11
$4,150.44
$125.07
$218.52
$235.73
5% A~omey'sCommission
TOTAL
$3,498.01
$78,187.90
**Together with additional interest at the per diem rate indicated above from the date herein, based on
the contract rate, and other charges and costs to the date of Sheriff's Sale.
PURCELL, KR~
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION ~ LAW AT NO. 2003-05678
MIDFIRST BANK,
PLAINTIFF
VS.
RICARDO RODRIGUEZ A/K/A L.L.,
DEFENDANT(S)
Total Judgment Amount $78,187.90
Interest $3,759.21
Per diem of $17.01 to sale
date 6/9/2004
Late Charges $218.54
$31.22 per mouth to sale
date 6/9/2004
Escrow Deficit $1,500.00
TOTAL WRIT $83,665.65
*Plus additional interest, late charges and other costs
to date of sheriff% sale.
SALE DATE: Wednesday, June 09, 2004
(PROTHONOTARY'S USE)
Pltf. Paid
Deft. Paid
Due Proth/Clerk
Other Costs
PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Execution in the above captioned case.
Date: March 9, 2004
Attorney for Plaintiff
1719 North Front Street
Harrisburg, PA l 7102
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and
sell the property described in the attached description known as 216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
Date:
PROTHONOTARY/CLERK CIVIL DIVISION
BY
DEPUTY
ALL THAT CERTAIN tract or parcel of land and premises,
situate, lying and being in the Township of West Pennsboro in the
County of cumberland and Commonwealth of Pennsylvania, more
· particularly described as follows:
TRACT NO. 1: BEGINNING at a spike in the center of Township
Road 482 and corner of lands now or formerly of Earl Sheriff;
thence, South one (1) degree, twenty-one (21) minutes East, a
distance of forty-eight and one one-hundredths (48.01) feet to a
spike in the center of said Township Road 482 and corner of other
lands now or formerly of Lloyd R. Salisbury; thence, South
eighty-four (84) degrees, twenty-one (21) m/nutes West, a
distance o~ one hundred sixty-nine (169) feet along other lands
now or formerly of Lloyd R. Salisbury to a. post and corner of
lands now or formerly of Guy H. Foster, et ux; thence North seven
I7} degrees, twenty-eight 128) minutes, twenty (20) seconds West,
a distance of eighty-six and nine one-hundredths (86.09) feet
along other lands now or formerly 05 Guy H. Foster, et ux., to a
stake and corner of lands now or formerly of Earl Sherriff (or
Sheriff); thence South eighty-three ~83) degrees, twenty-five
(25) minutes East, a distance of one hundred seventy-nine and
forty one-hundredths {179.40) feet along lands now or formerly of
Earl Sherriff (or Sheriff), to a spike in the center 'of Township
Road 482 and place of BEGINNING.
SAID TRACT containing .264 acres and being in accordance with
the survey of Thomas A. Neff, Registered Surveyor, dated Au~l~st
12, 1968.
SUBJECT to conditions and restrictions as set forth in'prior
deeds.
TRACT NO. 2: BEGINNING at a nail in the center of the public road
leading from Bear's Corner on the Carlisle-New~ille Road to the
Ritner Highway at.McAllisters Church; thence by the center of
same, South three (3) degrees, forty (40) minutes East sixty (60)
feet to a nail; thence, by land now or formerly of Edward Hurley,
South eighty.-four (84) degrees, fifteen (15) minutes West one
hundred sixty (160) feet to a stake; thence, by lands now or
formerly of Guy H. Foster, North seven (7) degrees, fifteen (15)
minutes West sixty (60) feet to a stake; thence by the same,
North eighty-four (84) degrees, forty-five (45) minutes East a
distance of one hundred sixty-seven (167) feet to a nail in th~
center of the aforesaid public road, the place of BEGINNING.
CONTAINING 9,810 square feet, more or less. Under and subject
to the restrictions set forth in Deed Book "X", Volume 15, Page 177.
HAVING THEREON ERECTED A DWELLING KNOWN AS 216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
BEING THE SAME PREMISES WHICH Michelle A. Barrick, by Deed dated 9/22/00 and recorded
9/26/00 in Cumberland County Deed Book 229, Page 717, granted and conveyed unto Ricardo Rodriquez.
TO BE SOLD AS THE PROPERTY OF RICARDO RODRIGUEZ A/K/A L.L. ON JUDGMENT NO.
2003-05678
ASSESSMENT NO. 46-20-1781-013
MIDFIRST BANK,
Vs.
PLAINTIFF
RICARDO RODRIGUEZ A/K/A L.L.,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on December 10, 2003 I served the Ten Day Notice required by Pa. R.C.P.
on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the
attached Notice.
Leon
Attorney for Plaintiff
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102
MIDFIRST BANK,
VS.
Plaintiff
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-05678
RICARDO RODRIGUEZ A/K/A L.L.
Defendant
CIVIL ACTION LAW
IN MORTGAGE FORECLOSURE
DATE OF THIS NOTICE: December 10, 2003
TO:
RICARDO RODRIGUEZ A/K/A L.L.
216 MCALLISTER CHURCH ROAD
CARLISLE, PA 17013
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FiND OUT
WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
I.D. # 15700
1719 N. Front St., Harrisburg, PA 17102
(717) 234-4178
MIDFIKST BANK,
VS.
PLAINTIFF
RICARDO RODRIGUEZ A/K/A L,L.,
DEFENDANT
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for said Commonwealth and County,
LEON P. ItALLER, ESQUIRE who being duly sworn according to law deposes and states that the
Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way
which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended.
Sworn to and subscribed
before me this q~ay
20 5'
~ot~ary Pubhc
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Tr'~i M. Cclm, Nol~t Public
My Commbsion Expires Aug. 21, 2007
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDFIRST BANK, Plaintiff (s)
From RICARDO RODRIGUEZ Ali, UA L.L.,
(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:
NO 03-5678 Civil
CIVIL ACTION - LAW
and to notify the garnishee(s) that: (a) an attachmem has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $78,187.90 L.L. $.50
Interest PER DIEM OF $17.01 TO SALE DATE 6/9/04 - $3,759.21
Atty's Corem % Due Prothy $1.00
Atty Paid $113.45 Other Costs LATE CHARGES $31.22 PER
MONTH TO SALE DATE 6/9/04 - $218.54 -- ESCROW DEFICIT $1,500.00
Plaintiff Paid
Date: MARCH 10, 2004
(SeaD
REQUESTING PARTY:
Name LEON P. HALLER, ESQUIRE
Address: 1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234~4178
Supreme Court ID No. 15700
CURTIS R. LONG
ProthonoJ~y
Deputy
MIDFIRST BANK,
VS.
PLAINTIFF
R1CARDO RODRIGUEZ A/K/A L.L.,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
The Plaintiff in the above action, by its attorneys, Purcell, Krug & Hailer, sets forth as of the date
the praecipe for the writ of execution was filed, the following information concerning the real property
located at 216 MCALLISTER CHURCH ROAD CARLISLE, PENNSYLVANIA 17013:
1. Name and address of the Owner(s) or Reputed Owner(s):
RICARDO RODRIGUEZ A/K/A L.L.
216 MCALLISTER CHURCH ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1)
above: SAME
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold: UNKNOWN
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
5. Name and address of every other person who has any record lien on the property:
UNKNOWN
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: UNKNOWN
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:
Tenants if any...
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
(In the preceding information, where addresses could not be reasonably ascertained, the same is
indicated.)
I verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of18 PA C.S. Section 4904 relating to unsworu falsification~
Le ~
put. De; g 157~1)
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE:March 9, 2004
MIDFIRST BANK,
VS.
PLAINTIFF
RICARDO RODRIGUEZ A/K/A L.L.,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
1N MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 09, 2004
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 2003-05678 JUDGMENT AMOUNT $78,187.90
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
RICARDO RODRIGUEZ AIICJA L.L.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
1T MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or fights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within County. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN ~ract or parcel of land and premises,
situate, lying and being in the Township of West Pennsboro in the
County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
TRACT NO. 1: BEGINNING at a spike in the center of Township
Road 482 and corner of lands now or formerly of Earl Sheriff;
thence, South one (1) degree, twenty-one (21) minutes East, a
distance of forty-eight and one one-hundredths (48.01) feet to a
spike in the center of said Township Road 482 and corner of other
lands now or formerly of Lloyd R. Salisbury; thence, South
eighty-four (84) degrees, twenty-one (21) rainutes West, a
distance of one hundred sixty-nine (169) feet along other lands
now or formerly of Lloyd R. Salisbury to a. post and corner of
lands now or formerly of Guy H. Foster, et ux; thence North seven
(7) degTees, twenty-eight ~28) minutes, twenty (20) seconds West,
a distance of eighty-six and nine one-hundredths (86.09) feet
along other lands now or formerly o~ Guy H. Foster, et ux., to a
stake and corner of lands now or formerly of Earl Sherriff {or
Sheriff); thence South eighty-three ~83) degrees, twenty-five
(25) minutes East, a distance of one hundred seventy-nine and
forty one-hundredths (179.40) feet along lands now or formerly of
Earl Sherriff (or Sheriff), to a spike in the center 'of Township
Road 482 and place of BEGINNING.
SAID TRACT containing .264 acres and being in accordance with
the sur~ey of Thomas A. Neff, Registered Surveyor, dated Au~st
12, 1968.
SUBJECT to conditions and restrictions as set forth in'prior
deeds.
TRACT NO. 2: BEGINNING at a nail in the Center of the public road
leading from Bear's Corner on the Carlisle-Newville Road to the
Ritner Highway at .McAllisters Church; thence by the center of
sa~e, South three (3) degrees, forty (40) m/nu=es East sixty (60)
feet to a nail; thence, by land now or formerly of Edward Hurley,
South eighty.-four (84) degrees, fifteen (15) minutes West one
hundred sixty (160) feet to a s~ake; thence, by lands now or
formerly of Guy H. Foster, North seven (7) degrees, fifteen (15)
minutes West sixty (60) feet to a stake; thence by the same,
North eighty-four (84) degrees, forty-five (45) m/nutes East a
distance of one hundred sixty-seven (167) feet to a nail in th~
center of the aforesaid public woad, the place of BEGINNING.
CONTAINING 9,810 square feet, more or less. Under and subject
to the restrictions set forth in Deed Book "X", Volume 15, Page 177.
HAVING THEREON ERECTED A DWELLING KNOWN AS 216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
BEING THE SAME PREMISES WHICH Michelle A. Barrick, by Deed dated 9/22/00 and recorded
9/26/00 in Cumberland County Deed Book 229, Page 717, granted and conveyed unto Ricardo Rodriquez.
TO BE SOLD AS THE PROPERTY OF RICARDO RODRIGUEZ A/K/A L.L. ON JUDGMENT NO.
2003-05678
ASSESSMENT NO. 46-20-1781-013
MIDFIRST BANK,
PLAINTIFF
VS.
RICARDO RODRIGUEZ A/K/A L.L.,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
IN MORTGAGE FORECLOSURE
RETURN OF SERVICE
I hereby !zertify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on
q ~ 7~ ~7t , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA
R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail
(Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence),
and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are
as follows:
RICARDO RODRIGUEZ A/K/A L.L.
216 MCALLISTER CHURCH ROAD
CARLISLE, PA 17013
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
By
PU'KL'~LL,~G & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
HOWARD B. KRUG
LEON P. HALLER
JOHN W. PURCELL JR.
JILL M WINKA
BRIAN 21. TYLER
NICHOLE M. STALEY O'GORMAN
LAW OFFICES
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102-2392
TELEPHONE (717) 234-4178
FAX (717) 234-1206
HERSHEY
(717)533-3836
JOSEPH NISSLEY (1910-1982)
JOHN W. PURCELL
VALERIE A GUNNOF
COUNSEL
RICARDO RODRIGUEZ A/K/A L.L.
216 MCALLISTER CHURCH ROAD
CARLISLE, PA 17013
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who
hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the
Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court
of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate
will be exposed to public sale as set forth on the attached Notice of Sale.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be
divestedbythesale and that you have an opportunity to protect your interest, if any, by being n~.~ified of
Said St erityssale'
By: ~~
j~nel~Haller PA I.D. 1570ff
Attorney for Plaintiff
MIDFIRST BANK,
VS.
PLAINTIFF
RICAKDO RODRIGUEZ A/KJA L.L.,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 09, 2004
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 2003-05678 JUDGMENT AMOUNT $78,187.90
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
RICARDO RODRIGUEZ A/K/A L.L.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of' the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) Clays after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD~ TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243 -9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within Comaty. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL TI{AT CERTAIN tract or parcel of lard and premises,
situate, lying and being in the Township of West Pennsboro in the
County of Cumberland and Co~nonwealth of Pennsylvania, more
· particularly described as follows:
TRACT NO. 1: BEGINNING at a spike in the center of Township
Road 482 and corner of lands now or formerly of Earl Sheriff;
thence, South one (1) degree, twenty-one (21) minutes East, a
distance of forty-eight and one one-hundredths (48.01) feet to a
spike in the center of said Township Road 4:82 a/Ad corner of other
lands now or formerly of Lloyd R. Salisbury; thence, South
eighty-four (84) degrees, twenty-one (21) ~nutes West, a
distance of one hundred sixty-nine (169) feet along other lands
now or formerly of Lloyd R. Salisbury to a. post and corner of
lands now or formerly of Guy H. Foster, et u_x; thence North seven
(7) degrees, twenty-eight ~28) minutes, twenty (20) seconds West,
a distance of eighty-six and nine one-hundredths (86.09) feet
along other lands now or formerly o~ Guy H. Foster, et ux., to a
stake and corner of lands now or formerly of Earl Sherriff (or
Sheriff); thence South eighty-three ~83) degrees, twenty-five
(25) minutes East, a distance of one hundred seventy-nine and
forty one-hundredths [179.40) feet along lands now or formerly of
Earl Sherriff (or Sheriff), to a spike in the center 'of Township
Road 482 and place of BEGINNING.
SAID TRACT containing .264 acres and being in accordance with
the survey of Thomas A. Neff, Registered Surveyor, dated August
12, 1968.
SUBJECT to conditions and restrictions as set forth in'prior
deeds.
/~ACT NO. 2: BEGINNING at a nail in the center of the public road
leading from Bear's Corner on the Carlisle-Newville Road to the
Ritner Highway at .McAllisters Church; thence by the center of
same, South three (3) degrees, forty (40) ~nutes East sixty (60)
feet to a nail; thence, by land now or for~rly of Edward Hurley,
South eighty~four (84) degrees, fifteen (151) minutes West one
hundred sixty (160) feet to a stake; thence, by lands now or
formerly of Guy H. Foster, North seven (7) degrees, fifteen (15)
minutes West sixty (60) feet to a stake; thence by the same,
North eighty-four (84) degrees, forty-five (45) minutes East a
distance of one hundred sixty-seven (167) fleet to a nail in th~
center of the aforesaid public ~oad, the place of BEGINNING.
CONTAINING 9,810 square feet, more or less. Under and subject
to the restrictions set forth in Deed Book "X", Volume 15, Page 177.
HAVING THEREON ERECTED A DWELLING KNOWN AS 216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
BEING THE SAME PREMISES WHICH Michelle A. Barrick, by Deed dated 9/22/00 and recorded
9/26/00 in Cumberland County Deed Book 229, Page 717, granted and conveyed unto Ricardo Rodriquez.
TO BE SOLD AS THE PROPERTY OF RICARDO RODRIGUEZ A/K/A L.L. ON JUDGMENT NO.
2003-05678
ASSESSMENT NO. 46-20-1781-013
MIDLAND MORTGAGE COMPANY v. RICARDO RODRIGUEZ A/FdA L.L.
Cumberland County Sale 6/9/2004
Received from:
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Postage:
One piece of ordinary mail addressed to:
RICARDO RODRIGUEZ A/FdA L.L.
216 MCALLISTER CHURCH ROAD
CARLISLE, PA 17013
Postmark:
Received from:
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Postage:
One piece of ordinary mail addressed to:
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
Postmark:
Received from:
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Postage:
One piece of ordinary mail addressed to:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
Postmark:
00.900
COMMONWEALTH OF PENNSYLVANIA 's
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Secretary of Veterans Affairs of Washington D C is the grantee the same
having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ
Execution issued on the 10th day of March., A.D., 2004, out of the Court of Common Pleas of said
County as of Civil Term, 2003 Number 5678, at the suit of Midfirst Bank against Ricardo Rodriquez aka
L L is duly recorded in Sheriff's Deed Book No. 264, Page 3471.
1N TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
, A.D2004
dayof
/~ ~2~0-/ C~corder of Deeds
Midfirst Bank
VS
Ricardo Rodriguez a/k/a L.L.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-5678 Civil Term
Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on
March 17, 2004 at 7:39 o'clock PM, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within nmned defendant, to
wit: Ricardo Rodrignez a/k/a L.L., by making known unto Ricardo Rodriguez,
personally, at 216 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania,
its contents and at the same time handing to him personally the said true and correct copy
of the same.
Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states
that on April 29, 2004 at 6:40 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 Ricardo Rodrignez a/k/a L.L. located at 216 McAllister Church Road,
Carlisle, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Ricardo Rodrignez a/k/a L.L., by regular mail to his last known
address of 216 McAllister Church Road, Carlisle, PA 17013. This letter was mailed
under the date of April 14, 2004 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Leon Haller for The Secretary of Veterans Affairs of
Washington D.C., his successors and/or assigns. It being the highest bid and best price
received for the same, The Secretary of Veterans Affairs of Washington D.C., his
successors and/or assigns of c/o Ocwen Federal Bank, FSB at 12650 Ingenuity Drive,
Orlando, FL 32826, being the buyers in this execution, paid to SheriffR. Thomas Kline
the sum of $1,195.77.
Sheriff's Costs:
Docketing $30.00
Poundage 23.45
Posting Bills 30.00
Advertising 30.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 6.90
Levy 30.00
Surcharge 20.00
Law Journal 465.35
Patriot News 424.81
Share of Bills 29.26
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 1195.77
This ]J~ day of
~~ R. Thomas Kline~heriff
2004. A.D. ( ],~..~..
-'~h0not~ / ' BY
Real Estate~eputy
MIDFIRST BANK,
VS.
PLAINTIFF
R,ICARDO RODRIGUEZ A/K/A L.L,,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
The Plaintiff in the above action, by its attorneys, Purcell, Krug & Hailer, sets forth as of the date
the praecipe for the writ of execution was filed, the following information concerning the real property
located at 216 MCALLISTER CHURCH ROAD CARLISLE, PENNSYLVANIA 17013:
l. Name and address of the Owner(s) or Reputed Owner(s):
RICARDO RODRIGUEZ A/KJA L.L.
216 MCALLISTER CHURCH ROAD
CARLISLE, PA 17013
2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (I)
above: SAME
3, Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold: UNKNOWN
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
5. Name and address of every other person who has any record lien on the property:
UNKNOWN
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: UNKNOWN
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:
MIDFIRST BANK,
VS.
PLAINTIFF
RICARIX> RODRIGUEZ A/K/A L.L.,
DEFENDANT(S)
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2003-05678
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 09, 2004
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 2003-05678 JUDGMENT AMOUNT $78,187.90
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
RICARDO RODRIGUEZ AfK/A LoL.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243 -9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within County. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN zract or parcel of land and premises,
situate, lying and being in the Township of Wast Pennsboro in the
County of Cumberland and Cor~nonwealth of Pennsylvania, mora
particularly described as follows:
TRACT NO. 1: BEGINNING at a spika in the center of Township
Road 482 and corner of lands now or formerly of Earl Sheriff;
thance, South one (1) degree, twanty-one (21) minutes East, a
distance of forty-eight and one one-hundredths (48.01) feet to a
spike in the center of said Township Road 482 m_nd corner of other
lands now or formerly of Lloyd R. Salisbury; thance, South
eighty-four (84) degrees, twenty-one (21) minutes West, a
distance of one hundred sixty-nine (169) faet along othar lands
now or formerly of Lloyd R. salisbury to a. post and corner of
lands now or formerly of Guy H. Foster, et ux; thence North sev~n
(7) degrees, twenty-eight ~28) minutes, twanty (20) saconds West,
a distance of eighty-six and nina one-hundredths (86.09) feet
along other lands now or formerly o~ Guy H. Fostar, et ux., to a
staka and corner of lands now or formerly of Earl Sherriff (or
Shariff); thanca South eighty-three ~83) degrees, twenty-riva
(25) minutas East, a distance of one hundrad seventy-nine and
forty one-hundradths (179.40) feet along lands now or formerly of
Earl Sherriff (or Sheriff), to a spika in the canter 'of Township
Road 482 and place of BEGINNING.
SAID TRACT containing .264 acres and being in accordance with
the sur~zey of Thomas A. Neff, Registered Surveyor, dated Aug-dst
12, 1968.
SUBJECT to conditions and restrictions as set forth in'prior
deeds.
TRACT NO. 2: BEGINNING at a nail in the center of the public road
leading from Bear's Corner on the Carlisle-New, ilia Road to the
Ritner Highway at .McA/listers Church; thence by the center of
sa~e, South three (3) degrees, forty (40) minutes East sixty (60)
feet to a nail; thence, by land now or formerly of Edward Hurley,
South eighty.-four (84) degrees, fifteen (15) minutes West one
hundred sixty (160) feet to a stake; thence, by lands now or
formerly of ~uy H. Foster, North seven (7) degrees, fifteen (15)
minutes West sixty (60) feet to a stake; thence by the same,
North eighty-four (84) degraes, forty-five (45) minutes East a
distance of ona hundred sixty-seven (167) feet to a nail in th~
center of the aforesaid public woad, the place of BEGINNING.
CONTAINING 9,810 square feet, more or less. Under and subject
to the restrictions set forth in Deed Book "X", Volume 15, Page 177.
HAVING THEREON ERECTED A DWELLING KNOWN AS 216 MCALLISTER CHURCH ROAD
CARLISLE, PENNSYLVANIA 17013
BEING THE SAME PREMISES WHICH Michelle A. Barrick, by Deed dated 9/22/00 and recorded
9/26/00 in Cumberland County Deed Book 229, Page 717, granted and conveyed unto Ricardo Rodriquez.
TO BE SOLD AS THE PROPERTY OF RICARDO RODRIGUEZ A/YJA L.L. ON JUDGMENT NO.
2003-05678
ASSESSMENT NO. 46-20-1781~013
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-5678 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDFIRST BANK, Plaintiff (s)
From RICARDO RODRIGUEZ A/K/A L.L.,
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $78,187.90 L.L. $.50
Interest PER DIEM OF $17.01 TO SALE DATE 6/9/04 - $3,759.21
Atty's Comm % Due Prothy $1.00
AttyPaid $113.45 Other Costs LATE CHARGES $31.22 PER
MONTH TO SALE DATE 6/9/04 - $218.54 - ESCROW DEFICIT $1,500.00
Plaintiff Paid
Date: MARCH 10, 2004
(Sea~
REQUESTING PARTY:
Name LEON P. HALLER, ESQUIRE
Address: 1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234-4178
Supreme Court ID No. 15700
CURTIS R. LONG
Prothonotary
Deputy
Real Estate Sale #76
On March 10, 2004 the sheriff levied upon the
defendant's interest in the real property situated in
West Pennsboro Township, Cumberland County, PA
Known and numbered as 216 McAllister Church Road
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 10, 2004
Real Estate Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 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,of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION .............................................................................
COPY Sworn to and s~bscribed~bef~e me this 28th day, of Mav-'2~)04 A.D.
NOTARIAL 5F. AL
I QtyofHcrrlsburg, DouphinCounly I NOTARY PUBLIC
! My. Co_mmL~.on ~x.pires J~ne .~j.2~) .01~J commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above Stated dates
424.81
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.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
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 tree.
REAL F~TATE SALE NO. 76
Writ No. 2003-5678 Civil
Midfirst Bank
vs,
Ricardo Rodrlguez a/k/a L.L.
Atty,: Leon Hailer
ALL THAT CERTAIN tract or par-
ce1 of land and premises, situate, ly-
ing and being in the Township of West
Pennsboro in the County of Cum-
berland and Commonwealth of
Pennsylvania, more particularly de-
scribed as follows:
TRACT NO. 1: BEGINNING at a
spike in the center of Township Raad
482 and corner of lands now or for-
merly of Earl Sheriff: thence, South
one (1) degree, twenty-one {21) min-
utes East. a distance of forty-eight
and one one-hundredths (48.01)
feet to a spike in the center of said
Township Road 482 and comer of
other lands now or formerly of Lloyd
R. Salisbu~y; thence, South eighty-
four (84) degrees, twenty-one {21) min-
utes West, a distance of one hun-
dred sixty-nine (169) feet along other
lands now or formerly of Lloyd R.
Marie Coyne, Edi/or
SWORN TO AND SUBSCRIBED before me this
30 day of APRIL 2004
N O~L~SEAL ~
LOIS E. SNYDER, Notary Public
Carlisle Bom, Cumberland County
My Commission Expires March 5, 2005
4~2 and corner of lands now%r }or-
merly of Earl Sheriff: thence, South
one (l) degree, twenty-one (21) min-
utes East, a distance of foriy-elght
and one one-hundredths (48.01)
feet to a spike in the center of said
Township Road 482 and comer of
other lands now or formerly of Lloyd
R. Salisbury: thence, South eighty-
four (64) degrees, twenty-one (21) min-
utes West, a distance of one hun-
dred sixty-nine (169) feet along other
lands now or formerly of Lloyd R.
Salisbury to a post and cor...er of
lands now or formerly of Guy H. Fos-
ter, et ux; thence North seven (7)
degrees, twenty-eight (28) minutes,
twenty (20) seconds West, a dis-
tahoe of eighty-six and nine one-hun-
dredths (96.09) feet along other
lands now or formerly of Guy H. Fos-
ter, et LUX., to a stake and comer of
lands now or formerly of Earl Sher-
riff (or Sheriff): thence South eighty-
three {93) degrees, twenty-five (25)
minutes East, a distance of one hun-
dred seventy-nine and forty one-hun-
dredths {179.40) feet aiong lands
now or formarly of Earl SherrilT (or
Sherlffi, to a spike in the center of
Township Road 482 and place of
BEGINNING.
SAID TRACT containing .264
acres and being in accordance with
the survey of Thomas A. Neff, Reg-
istered Surveyor, dated August 12,
1968.
SUBJECT to conditions and re-
strictions as set forth in prior deeds.
TRACT NO. 2: BEGINNING at a
nail In the center of the public road
I eadhng from Bear's Corner on the Car-
lisle-Newville Road to the Rimer High-
way at McAlllsters Church; thence
by the center of same, South three
(3) degrees, forty {40) minutes East
sixty (60) feet to a nail: thence, by
land now or formerly of Edward
Hurley, South eighty-four {84) de-
grees, fifteen (15) minutes West one
hundred sixty (160) feet to a stake;
thence, by lands now or formerly of
Guy H. Foster, North seven (7) de-
grees, fifteen (15) minutes West
sixty {60) feet to a stake; thence by
the same, North eighty-four (84)
degrees, forty-five (45) minutes East
a distance of one hundred sixty-sev-
en (167) feet to a nail in the center
of the aforesaid public road, the
place of BEGINNING.
CONTAINING 9,810 square feet,
more or less. Under and subject to
the restrictions set forth in Deed
Book "X', Volume 15, Page 177.
HAVING THEREON erected a
dwelling known as 216 McAllister
Church Road Carlisle, Pennsylvania
17013.
BEING THE SAME PREMISES
WHICH Mlchelle A. Bm-rick, by Deed
dated 9/22/00 and recorded 9/26/
00 In Cumberland County Deed
Book 229, Page 717, granted and
conveyed unto Ricaxdo Rodriquez.
TO BE SOLD as the property of
Ricardo Rodriguez a/k/a L.L. on
Judgment No. 2003-05678.
ASSESSMENT NO. 46-20-1781-
013.
ICarl(sic Bore, Cumberland
My Commission Expires Mai