HomeMy WebLinkAbout08-0850MILSTEAD & ASSOCIATES, LLC
BY: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
File: 1.06892
The Bank of New York as Trustee for COURT OF COMMON PLEAS
Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY
Certificate Series # 2006-A
20 Broad Street
New York, NY 10005,
Plaintiff,
Vs.
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
621 Grandview Avenue
Camp Hill, PA 17011,
and
Linda Terry, Original Mortgagor
621 Grandview Avenue
Camp Hill, PA 17011,
Defendants.
No.. 0$- 85() 0,4vt l -krM
CIVIL ACTION
MORTGAGE FORECLOSURE
(00220265)
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
{00220265}
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
f00220265)
MILSTEAD & ASSOCIATES, LLC
BY:Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
The Bank of New York as Trustee for
Equity One, Inc. Mortgage/pass Through
Certificate Series # 2006-A
20 Broad Street
New York, NY 10005,
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.. 0,?- P-Sb U,P -T u -
Plaintiff,
Vs.
CIVIL ACTION
MORTGAGE FORECLOSURE
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
621 Grandview Avenue
Camp Hill, PA 17011,
and
Linda Terry, Original Mortgagor
621 Grandview Avenue
Camp Hill, PA 17011,
Defendants.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass
Through Certificate Series # 2006-A (the "Plaintiff'), is a NY corporation registered to conduct
business in the Commonwealth of Pennsylvania and having an office and place of business at 20
Broad Street, New York, NY 10005.
2. Defendants, Thomas E. Terry, Sr., Original Mortgagor and Real Owner and Linda
Terry, Original Mortgagor, (collectively, the "Defendants"), are adult individuals. Thomas E.
Terry, Sr. is the real owner of the premises hereinafter described.
{00220265}
3. Thomas E. Terry, Sr., Original Mortgagor and Real Owner, Defendant, resides at 621
Grandview Avenue, Camp Hill, PA 17011. Linda Terry, Original Mortgagor, Defendant, resides
at 621 Grandview Avenue, Camp Hill, PA 17011.
4. On December 19, 2005, in consideration of a loan in the principal amount of
$158,000.00, Thomas E. Terry, Sr., the Defendant, executed and delivered to Equity One,
Incorporated a note (the "Note") with interest thereon at 8.6900 percent per annum, payable as to
the principal and interest in equal monthly installments of $1,236.22 commencing February 1,
2006.
5. To secure the obligations under the Note, the Defendants executed and delivered to
Mortgage Electronic Registration Systems, Inc., as nominee for Equity One, Incorporated. a
mortgage (the "Mortgage") dated December 19, 2005, recorded on January 9, 2006 in the
Department of Records in and for the County of Cumberland under Mortgage Book 1936, Page
4744. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff
is proper party plaintiff by way of an assignment of mortgage recorded on November 19, 2007
under Instrument Number 200743340.
6. The Mortgage secures the following real property (the "Mortgaged Premises"): 621
Grandview Avenue, Camp Hill, PA 17011. A legal description of the Mortgaged Premises is
attached hereto as Exhibit "A" and made a part hereof.
7. The Defendants are in default of their obligations pursuant to the Note and Mortgage
because payments of principal and interest due February 1, 2007, and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit (if any) and costs of
collection including title search fees and reasonable attorney's fees.
{00220265}
8. The following amounts are due on the Mortgage and Note:
Balance of Principal ................................$156,850.50
Accrued but Unpaid Interest from
1 / 1 /07 to 2/4/08
@ 8.6900% per annum
($37.34 per diem) ................................... ...$14,936.00
Accrued Late Charges ............................ ........$741.70
Prepayment Penalty ................................ .....$5,442.12
Corporate Advance ................................. .....$4,204.34
Escrow Advance ..........................................$1,319.30
Title Search Fees ............................................$350.00
Monies in Suspense .......................................... -$7.34
Deferred Late Charges ....................................$185.43
Insufficient Funds Charges ...............................$25.00
Reasonable Attorney's Fees ........................$1,250.00
TOTAL as of 02/04/2008 ........................ $185,297.05
Plus, the following amounts accrued after February 4, 2008:
Interest at the Rate of 8.6900 per cent per annum ($37.34 per diem);
Late Charges of $61.81 per month.
9. Plaintiff has complied fully with Act No. 91 (35 P. SA 680.401 (c) of the 1983 Session
of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the
Defendants at 621 Grandview Avenue, Camp Hill, PA 17011 as well as to address of residences
as listed in paragraph 3 of this document on September 20, 2007, the notice pursuant to § 403-C
of Act 91, and the applicable time periods therein have expired.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8,
namely, $185,297.05, plus the following amounts accruing after February 4, 2008, to the date of
judgment: (a) interest of $37.34 per day, (b) late charges of $61.81 per month, (c) plus interest at
(00220265)
the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if
any) hereafter incurred, (e) and costs of suit.
MI4Spiv SOCIATES, LLC
Heisquire
Atttiff
{00220265}
VERIFICATION
I, Heidi R. Spivak, hereby certify that I am an Attorney for Plaintiff and am authorized to make
this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904,
relating to unsworn falsification to authorities.
IU?A
Name: Heid . Spivak, Esquire
Title: Attorne
{00220265}
.,
4
EXHIBIT A
Stewart Tide Guaranty Company
Commitment Number. 2005110174"
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THAT CERTAIN tract of land located in the Borough of Worrnleyeburg, Cumberland County, Pennsylvania,
more particularly bounded and described as follows, to wit
BEGINNING at a point on the northern line of Grandview Avenue, 211.25 feet in an easterly direcgon from the
Intersection of the East right-of-way line of Erford Road with the North right-of-way line of Grandview Avenue;
thence North 27 degrees 14 minutes West, a distance of 106.33 feet to an iron pin and lands now or formerly of
C.A. Holmes, thence along lands now or fom*rly of C.A. Holmes, North 60 degrees 24 minutes East, a distance
of 77.85 feet to an iron pin at the dividing line of Lots Nos. 21 and 22 on the hereinafter mentoned Plan of Lots;
thence along said dividing line South 31 degrees 40 rdm tes 10 seconds East, a distance of 119.73 feet to a
point in the northern line of Grandview Avenue; thence in a Westerly direction along the northern line of said
Avenue on a curve to the right having a radius of 1,003.81 feet, an arc length of 78 feet to a point; thence
continuing along the northern line of Grandview Avenue South 62 degrees 46 minutes West, a distance of 7.25
feet to a point, the place of BEGINNING, according to a survey by Donald E. Kelly, Registered Surveyor, dated
June 6, 1970.
BEING Lot No. 21 and an eastern portion of Lot No. 20 on the Revised Plan of Lots of Grandview Heights,
recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, page 53.
Parcel #47-19-1590-003A
I Certify this to be reco*-
In Cumberlaild County
ALTA Combywi
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CASE NO: 2008-00850 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE
VS
TERRY THOMAS E SR ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TERRY THOMAS E SR the
DEFENDANT , at 1944:00 HOURS, on the 8th day of February-, 2008
at 621 GRANDVIEW AVENUE
CAMP HILL, PA 17011
NORA FRYE, SISTER
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.40
Affidavit .00
Surcharge 10.00
a?i??b f
.00
42.40
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
02/11/2008
MILSTEAD & ASSOCIATES
By-
eputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00850 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK THE
VS
TERRY THOMAS E SR ET AL
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
rr'=M0V T TTTTI7T the
DEFENDANT , at 1944:00 HOURS, on the 8th day of February , 2008
at 621 GRANDVIEW AVENUE
CAMP HILL, PA 17011
NORA FRYE, SISTER
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
00
albs/n 16.00
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
02/11/2008
MILSTEAD & ASSOCIATES
By:
V /`--
Deputy Sheriff
A. D.
MILSTEAD & ASSOCIATES, LLC
fs BY: Heidi R. Spivak, Esquire
-ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
Attorney for Plaintiff
(856) 482-1400
The Bank of New York as Trustee for COURT OF COMMON PLEAS
Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY
Certificate Series # 2006-A
20 Broad Street
New York, NY 10005,
Plaintiff, No.: 08-850 Civil term
Vs.
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
621 Grandview Avenue
Camp Hill, PA 17011,
and
Linda Terry, Original Mortgagor
621 Grandview Avenue
Camp Hill, PA 17011,
Defendants.
PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Judgment, in rem, in favor of Plaintiff and against Thomas E. Terry, Sr., Original
Mortgagor and Real Owner and Linda Terry, Original Mortgagor, Defendants, for failure to file
an Answer on Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and
sale of the mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $185,297.05
Interest 2/4/08 through 04/02/08 2,240.40
Late Charges 123.62
Additional Corporate Advance 1,201.84
Additional Escrow Advance 0.00
TOTAL $188,862.91
I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above
and (2) that notice has been given in accordance with Rule 237.1. copy attached.
Heidi .Spivak, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE: 14 1 Jos
PRO ONOT
t002353231
MILSTEAD & ASSOCIATES, LLC
-$Y: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
The Bank of New York as Trustee for
Equity One, Inc. Mortgage/pass Through
Certificate Series # 2006-A,
Plaintiff,
Vs.
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
and
Linda Terry, Original Mortgagor,
Defendants.
Our file number: 1.06892
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 08-850 Civil term
TO: Thomas E. Terry, Sr., Original Linda Terry, Original Mortgagor
Mortgagor and Real Owner 621 Grandview Avenue,
621 Grandview Avenue, Camp Hill, PA 17011
Camp Hill, PA 17011
DATE OF NOTICE: March 17, 2008
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 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
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 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
{00020971)
Page I of 2
y * provide you with information about hiring a lawyer. If you cannot afford to hire a
lawyer, this office may be able to provide you with information about agencies that may
offer legal services to eligible persons at a reduced fee or no fee.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
MILSTEAD & ASSOCIATES, LLC
J
y: H idi R. Spivak, Esquire
ID No. 74770
Attorney for Plaintiff
{00020971)
Page 2 of 2
MILSTEAD & ASSOCIATES, LLC
BY: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
The Bank of New York as Trustee for
Equity One, Inc. Mortgage/pass Through
Certificate Series # 2006-A,
Plaintiff,
Vs.
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner,
and
Linda Terry, Original Mortgagor,
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 08-850 Civil term
Defendants. i
VERIFICATION OF NON-MILITARY SERVICE
Heidi R. Spivak, Esquire, hereby verifies that she is attorney for the Plaintiff in the
above-captioned matter, and that on information and belief, she has knowledge of the following
facts, to wit:
1. that the defendants are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of
Congress of 1940, as amended,
2. defendant, Thomas E. Terry, Sr., Original Mortgagor and Real Owner, is over 18
years of age and resides at 621 Grandview Avenue, Camp Hill, PA 17011,
3. defendant, Linda Terry, Original Mortgagor, is over 18 years of age and resides at
621 Grandview Avenue, Camp Hill, PA 17011.
ATHeSpivak, Esquire
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Prothonotary
To: Thomas E. Terry, Sr., Original Mortgagor and Real Owner
Linda Terry, Original Mortgagor
The Bank of New York as Trustee for
Equity One, Inc. Mortgage/pass Through
Certificate Series # 2006-A,
Plaintiff,
Vs.
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner,
and
Linda Terry, Original Mortgagor,
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 08-850 Civil term
NOTICE PURSUANT TO RULE 236
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
Prothonotary
MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
HEIDI R. SPIVAK, ESQ. #74770
MILSTEAD & ASSOCIATES, LLC
856-482-1400
Notice Pursuant To Fair Debt Collection Practices Act
This is an attempt to collect a debt and any information obtained will be used for that purpose.
{00235323}
l?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
The Bank of New York as Trustee for Equity
One, Inc. Mortgage/pass Through Certificate
Series # 2006-A,
Plaintiff,
Vs.
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
and
Linda Terry, Original Mortgagor,
Defendants.
CIVIL ACTION
NO.: 08-850 Civil term
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
1. Directed to the Sheriff of CUMBERLAND County;
2. Against the Defendant(s) in the above-captioned matter;
3. and index this writ against the Defendant(s) as follows:
Thomas E. Terry, Sr., Original Mortgagor and Real Owner
Linda Terry, Original Mortgagor
Real Property involved: 621 Grandview Avenue
Camp Hill, PA 17011
Amount Due
Interest from 4/2/08 to 9/3/08
at $31.05 per diem (6%)
DATE: April 2, 2008
TOTAL
(Costs to be added)
$188,862.91
Respectively submitted,
Milstead & Associates, LLC
1n, 1 ,e
Heidi R. Spivak, Esquire
Attorney for Plaintiff
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
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MILSTEAD & ASSOCIATES, LLC
BY: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
The Bank of New York as Trustee for COURT OF COMMON PLEAS
Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY
Certificate Series # 2006-A,
No.: 08-850 Civil term
Plaintiff,
Vs. AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
and
Linda Terry, Original Mortgagor, '
Defendants.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through
Certificate Series # 2006-A, Plaintiff in the above entitled cause of action, sets forth as of the
date the praecipe for writ of execution was filed the following information concerning the real
property located at 621 Grandview Avenue, Camp Hill, PA 17011:
1. Name and address of Owners(s) or Reputed Owner(s):
Thomas E. Terry, Sr., Original Linda Terry, Original
Mortgagor and Real Owner Mortgagor
621 Grandview Avenue 621 Grandview Avenue
Camp Hill, PA 17011 Camp Hill, PA 17011
2. Name and address of Defendant(s) in the Judgment:
Same as above
{00235323}
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3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None Known
4. Name and Address of the last recorded holder of every mortgage of record:
The Bank of New York as Trustee for Equity
One, Inc. Mortgage/pass Through Certificate
Series # 2006-A
(Plaintiff herein)
20 Broad Street
New York, NY 10005
5. Name and address of every other person who has any record lien on the property:
None Known
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:
None Known
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/occupant Department of Domestic Relations
621 Grandview Avenue Cumberland County Courthouse
Camp Hill, PA 17011 13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in the 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. Section 4904 relating to unsworn falsification to
authorities.
J 'A
-k4J
Heidi R. Spivak, Esquire
Attorney for Plaintiff
Date: April 2, 2008
{00235323}
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MILSTEAD & ASSOCIATES, LLC
BY: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
The Bank of New York s
Through
Equity One, Inc. Mortgage/pass
Certificate Series # 2006-A,
Plaintiff,
Vs.
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner,
and
Linda Terry, Original Mortgagor,
Defendants.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 08-850 Civil term
NOTICE OF SR pURST F
REAL PROPER
TO PA.R.C.P.3129
TAKE NOTICE:
Camp Hill, PA 17011, is scheduled
Your house (real estate) at 621 Grandview Avenue, amp
to be sheriff s sale on September 3, 2008 at 10:00 am in ethe nforce the Court Judgment of
Room, sold at Courthouse, Carlisle, PA 17013 to e/pass
Cumberland County of New York as Trustee for Equity One, inc
Through • Mortgag
$188,862C rtific?ateSerie # 006
NOTICE OF OWNERS FJ e cuF.RiFF'S SALE
To Prevent this Sheriff s Sale you must take immediate action: Attorney for
1. The Sale will be cancelled if you pay to Milstead & Associates LLC, y
late charges, costs and reasonable attorney's fees due. T To o find out how
plaintiff, back Payments,
much you must pay, you may call 856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
also ask the Court to postpone
the Judgment, if the judgment was improperly entered. You may
the Sale for good cause.
{00235323}
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 following page on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling Milstead & Associates at 856-482-1400.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
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 a 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 on a date
specified by the Sheriff not later than thirty days after 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.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
1.06892
{00235323}
All that certain tract of land located in the Borough of Wormteysburg, Cumberland County,
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit
Beginning at a point on the Northern One of Grandview Avenue, 211.25 feet in on Easterly
direction from the intersection of the East right-of-way fine of Erford Rood with the Forth right-
of-way fine of Grandview Avenue; thence North 27° 14' West, a distance of 10633 feet to on
iron pin and Ionds now or formerly of C.A. Holmes; thence along lands now or formerly of C.A.
Holmes, North 60° 24' East, a distance of 77.85 feet to an iron pin at the dividing line of Lots Nos.
21 and 22 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 310
40' 10" East, a distance of 119.73 feet to a point on the Northern One of Grandview Avenue;
thence in a Westerly direction along the Northern line of said Avenue on a curve to the right
having a radius of 1,003.81 feet; on arc length of 78 feet to e
point;
the Northern line of Grandview Avenue South; 620 46° West, a distance of 7.25ofee?tttto a poinnt,
the place of Beginning, according to a survey by Donald; E. Kelly, Registered Surveyor, dated
June 6, 1970.
Being Lot No. 21 and on eastern portion of Lot No. 20 on the Revised Plan of Lots of Grandview
Heights, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book
16, page 53.
Parcel ID: 47-19-1590-003A
BEING the some promises which Philp Glomodso, Adower, by his Attorney in Fact, Jonene G.
Bendrick, by Power of Attorney dated; October 3, 2003, by Deed doted November 5, 2004 and
recorded November 9, 2004 in Cumberland County in Deed Book Volume 266, Page 797,
granted and conveyed unto Thomas E. Terry, Sr., a married reran, in fee.
Being known as 621 Grandview Avenue, Camp Hill, PA 17011
Tax Parcel Number: 47-19-1590-003A
{00235323}
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-850 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK as Trustee for EQUITY
ONE, INC., MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2006-A, Plaintiff (s)
From THOMAS E. TERRY, SR., original mortgagor and real owner & LINDA TERRY, original
mortgagor
(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 $188,862.91
L.L. $.50
Interest from 4/02/08 to 9/03/08 at $31.05 per diem (6%)
Atty's Comm % Due Prothy $2.00
Atty Paid $177.40
Plaintiff Paid
Date: 4/04/08
Other Costs
Prothonotary
-?l
(Seal)
By:
Deputy
REQUESTING PARTY:
Name: HEIDI R. SPIVAK, ESQUIRE
Address: MILSTEAD & ASSOCIATES, LLC
220 LAKE DRIVE EAST, SUITE 301
CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856-482-1400
Supreme Court ID No. 74770
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
The Bank of New York as Trustee for
Equity One, Inc. Mortgage/pass Through
C rt'f t S ' # 2006-A
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
e i ica a eries
Plaintiff,
No.: 08-850 Civil term
Vs.
Entry of Appearance
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner,
and
Linda Terry, Original Mortgagor,
Defendant(s).
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the Plaintiff, The Bank of New York as
Trustee for Equity One, Inc. Mortgage/pass Through Certificate Series # 2006-A, in the
above captioned matter.
MILSTEAD & ASSOCIATES, LLC
;md'i,
Mary L. Harbert-Bell, Esquire
Attorney ID No. 80763
?
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AIILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
The Bank of New York as Trustee for Equity One, COURT OF COMMON PLEAS
Inc. Mortgage/pass Through Certificate Series # ; CUMBERLAND COUNTY
2006-A,
Plaintiff,
Vs.
Thomas E. Terry, Sr., Original Mortgagor and Real
Owner
and
Linda Terry, Original Mortgagor,
Defendants.
NO.: 08-850 Civil term
AFFIDAVIT PURSUANT TO
Pa.R.C.P. 3129.2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law upon my oath, depose and
say,
1. On May 17, 2008, a copy of the Notice of Sheriff's Sale of Real Property was served upon the
defendant, Linda Terry, Original Mortgagor, by the Sheriff's Office of Cumberland County.
2. On September 25, 2008, a copy of the Notice of Sheriff's Sale of Real Property was served
upon the defendant, Thomas E. Terry, Sr., Original Mortgagor and Real Owner, by certified mail, return
receipt requested. A copy of the signed certified card is attached hereto and made a part hereof as Exhibit
"A„
3. On May 30, 2008, a notice of Sheriff's Sale was served upon lien holders of record and
interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part
hereof as Exhibit "B".
Mary L. arbert- 11, Esquire
Attorney ID No. 80763
Milstead and Associates, LLC
Dated: January 7, 2009
S
}
4
2. Article MirritI
A. Received by (Phase Print Clearly)
C. Signature
7160 3901 9845 8118 5787 X v.
D. Is delivery address different from item 3
It YES, enter delivery address below:
B. Date of Delivery
y - v g
? Agent
A ? Addrs-
? Yes
F-1 No
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Exhe Fee) QYes
i 1. Article Addressed to:
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
P.O. Box 413
Camp Hill, PA 17001
1.06892
PAW
Form 3511, January 2005 Domestic Retum Receipt
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Zie lg_er, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Equity One Inc, Trustee is the grantee the same having been sold to said
grantee on the 7th day of Janu A.D., 2009, under and by virtue of a writ Execution issued on the 4th
day of April, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 08
Number 850, at the suit of Bank of New York as Trustee for Equity One Inc Mortgage/Pass Through
Certificate Series #2006-A against Thoams E Terry Sr & Linda is duly recorded as Instrument Number
200902426.
IN TESTIMONY WHEREOF, I have hereunto set my hand
affi4 seal of said office this day of
A.D. rYdO
Recorder of Deeds
0366, Cw"rWW County, Cam, PA
Wn Eft 1tN Fins Monday of Jw. 2010
The Bank of New York as Trustee for Equity
One, Inc. Mortgage/Pass Through Certificate
Series #2006-A
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-850 Civil Term
VS
Thomas E. Terry, Sr., Original Mortgagor and Real Owner and
Linda Terry, Original Mortgagor
Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that
on May 17, 2008 at 1130 hours, he served a true copy of the within Real Estate Writ,
Notice and Description, in the above entitled action, upon the within named defendant, to
wit: Linda Terry, by making known unto Linda Terry personally, at 621 Grandview Ave.,
Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing
to her personally the said true and correct copies of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Thomas E.
Terry, Sr., but was unable to locate him in his bailiwick. He therefore returns the within
Real Estate Writ, Notice of Sale and Description, as NOT FOUND, as to Thomas E.
Terry, Sr. Defendant moved and left no forwarding address with the post office.
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states
that on July 12, 2008 at 1137 hours, he posted a true copy of the within Real Estate Writ,
Notice, Poster and Description, in the above entitled action, upon the property of Thomas
E. Terry, Sr. and Linda Terry located at 621 Grandview Ave., Camp Hill, Cumberland
County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Linda Terry by regular mail to her last known address of 621
Grandview Ave., Camp Hill, PA 17011. This letter was mailed under the date of July 2,
2008 and never returned to the Sheriffs 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 January 7, 2009 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Mary L. Harbert-Bell, on behalf of The Bank of New York as
Trustee for Equity One, Inc. Mortgage/Pass Through Certificate Series #2006-A. It being
the highest bid and best price received for the same, The Bank of New York as Trustee
for Equity One, Inc. Mortgage/Pass Through Certificate Series #2006-A, of 20 Broad
Street, New York, NY 10005 , being the buyer in this execution, paid to Sheriff R.
Thomas Kline the sum of $1,184.28.
Sheriff s Costs:
Docketing $30.00
Poundage 22.83
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 30.00
Levy 15.00
Surcharge 30.00
Postpone Sale 40.00
Law Journal 419.00
Patriot News 415.01
Share of Bills 17.44
Distribution of Proceeds 25.00
Sheriff s Deed 49.50
$1,184.28
So Answe
R. Thomas Kline, Sheriff
BY f_
Real Estat Sergeant
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C.4 0
MILSTEAD & ASSOCIATES, LLC
BY: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
The Bank of New York as Trustee for COURT OF COMMON PLEAS
Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY
Certificate Series # 2006-A,
No.: 08-850 Civil term
Plaintiff,
Vs. AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Thomas E. Terry, Sr., Original Mortgagor
and Real Owner
and
Linda Terry, Original Mortgagor,
Defendants.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass Through
Certificate Series # 2006-A, Plaintiff in the above entitled cause of action, sets forth as of the
date the praecipe for writ of execution was filed the following information concerning the real
property located at 621 Grandview Avenue, Camp Hill, PA 17011:
1. Name and address of Owners(s) or Reputed Owner(s):
Thomas E. Terry, Sr., Original Linda Terry, Original
Mortgagor and Real Owner Mortgagor
621 Grandview Avenue 621 Grandview Avenue
Camp Hill, PA 17011 Camp Hill, PA 17011
2. Name and address of Defendant(s) in the Judgment:
Same as above
{00235323}
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None Known
4. Name and Address of the last recorded holder of every mortgage of record:
The Bank of New York as Trustee for Equity
One, Inc. Mortgage/pass Through Certificate
Series # 2006-A
(Plaintiff herein)
20 Broad Street
New York, NY 10005
5. Name and address of every other person who has any record lien on the property:
None Known
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:
None Known
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant
621 Grandview Avenue
Camp Hill, PA 17011
Department of Domestic Relations
Cumberland County Courthouse
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in the 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. Section 4904 relating to unworn falsification to
authorities.
eidi . Spivak, Esquire
Attorney for Plaintiff
Date: April 2, 2008
{00235323}
MILSTEAD & ASSOCIATES, LLC
BY: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
The Bank of New York as Trustee for COURT OF COMMON PLEAS
Equity One, Inc. Mortgage/pass Through CUMBERLAND COUNTY
Certificate Series # 2006-A,
No.: 08-850 Civil term
Plaintiff, ,
Vs. NOTICE OF SHERRFF'S SALE OF
REAL PROPERTY PURSUANT
Thomas E. Terry, Sr., Original Mortgagor TO PA.R.C.P.3129
and Real Owner,
and
Linda Terry, Original Mortgagor,
Defendants.
TAKE NOTICE:
Your house (real estate) at 621 Grandview Avenue, Camp Hill, PA 17011, is scheduled
to be sold at sheriff s sale on September 3, 2008 at 10:00 am in the Commissioner's Hearing
Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of
$188,862.91 obtained by The Bank of New York as Trustee for Equity One, Inc. Mortgage/pass
Through Certificate Series # 2006-A.
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:
1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may call 856-482-1400.
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.
{00235323}
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 following page on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling Milstead & Associates at 856-482-1400.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
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 a 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 on a date
specified by the Sheriff not later than thirty days after 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.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
1.06892
(00235323)
All that certain tract of land located in the Borough of Wormleysburg, Curnbedand County,
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
Be4nnning at a paint on the Northern One of Grandview Avenue, 211.25 feet in an Easterly
direction from the intersection of the East right-of-way One of Erford Road with the North right-
of-way One of Grandview Avenue; thence North 270 1 N West, ca distance of 10633 feet to an
iron pin and lands now or formerly of C.A. Holmes; thence gang lands now or formerly of C.A.
Holmes, North 600 2N East, a distant of 77.85 feet to an Iran pin at the dividing line of Lots Nos.
21 and 22 on the hereinafter mentioned Plan of Lots, thence along said dividing line South 31°
40' 10" East, o distance of 119.73 feet to a point on the Northern One of Grandview Avenue
thence in o Westerly droofion along the Northern linen of soid Avenue on to curve to the right
having a radius of 1,003.81 feet, an arc length of 78 feet to a posit; thence continuing along
the Northern One of Grandview Avenue South 620 46 West, a distance of 7.25 feet to o point,
the place of Beginning, according to a survey by Donald E. Kelly, Registered Surveyor, dated
June 6. 1970.
Being Lot No. 21 and an eastern portion of Lot No. 20 on the Revised Plan of Lots of Grandview
Heights, recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book
16, page 53.
Parcel ID: 47-19-1590-003A
BEING the same premises which Philip Gion odSo, widower, by his Attorney in Fact, Janene G.
Bendtick, by Power of Attorney dated October 3, 2003, by Deed dated November 5, 2004 and
recorded November 9, 2004 in Cumberland County in Dead Book Volume 266, Page 797,
granted and conveyed unto Thomas E. Terry, Sr., a married man, in fee.
Being known as 621 Grandview Avenue, Camp Hill, PA 17011
Tag Parcel Number: 47-19-1590-003A
{00235323}
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
-COUNTY OF CUMBERLAND)
NO 08-850 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK as Trustee for EQUITY
ONE, INC., MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2006-A, Plaintiff (s)
From THOMAS E. TERRY, SR., original mortgagor and real owner & LINDA TERRY, original
mortgagor
(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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $188,862.91
L.L. $.50
Interest from 4/02/08 to 9/03/08 at $31.05 per diem (6%)
Atty's Comm % Due Prothy $2.00
Atty Paid $177.40 Other Costs
Plaintiff Paid
Date: 4/04/08
P othonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: HEIDI R. SPIVAK, ESQUIRE
Address: MILSTEAD & ASSOCIATES, LLC
220 LAKE DRIVE EAST, SUITE 301
CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856-482-1400
Supreme Court ID No. 74770
Real Estate Sale #01
On April 30, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Wormleysburg Borough, Cumberland County, PA
Known and numbered as 621 Grandview Ave., Camp Hill
W
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: April. 30, 2008 By:
Real Es t,46 Sergeant
80 :1I 'd 01 Hdd 8001
Vd 'AiHi10
33183HS ]HI :;10
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 18, July 25 and August 1, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Y isa Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
1 day of August, 2008
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
REAL IWA'TS BALE NO. 1
Writ No. 2008-850 Civil
The Bank of New York as Trustee
for Equity One, Inc. Mortgage/Pass
Through Certificate Series #2006-A
VS.
Thomas E. Terry, Sr., Original
Mortgagor and Real Owner and
Linda Terry, Original Mortgagor
Atty.: Heidi Spivak
All that certain tract of land locat-
ed in the Borough of Wormleysburg,
Cumberland County, Commonwealth
of Pennsylvania, more particularly
bounded and described as follows,
to wit:
Beginning at a point on the North-
ern line of Grandview Avenue, 211.25
feet in an Easterly direction from
the intersection of the East right-
of-way line of Erford Road with the
North right-of-way line of Grandview
Avenue; thence North 27° 14' West,
a distance of 106.33 feet to an iron
pin and lands now or formerly of C.A.
Holows; thence along lands now or
fp tly of CA Holm", North 60° 24'
Wit, a distance of 77.88 feet to as
mm pin at dw dividuag lino of i tbt
Noe. 21 and 22 on the hereinafter
mentioned Plan of Lots; thence alora
said dividing line South 31 ° 40' 1
East, a distancc of 119.73 feet to a
point on the Northern line of Grand-
view Avenue; thence in a Westerly
direction along the Northern line of
said Avenue on a curve to the right
having a radius of 1,003.81 feet,
an arc length of 78 feet to a point;
thence continuing along the North-
ern line of Grandview Avenue South
62° 46' West, a distance of 7.25 feet
to a point, the place of Beginning,
according to a survey by Donald
E. Kelly Registered Surveyor, dated
June 6, 1970.
Being Lot No. 21 and an eastern
portion of Lot No. 20 on the Revised
Plan of Lots of Grandview Heights,
recorded in the Office of the Recorder
of Deeds for Cumberland County in
Plan Book 16, page 53.
Parcel ID: 47-19-1590-003A.
BEING the same premises which
Philip Giomariso, widower, by his At-
torney in Fact, Janene G. Bendrick,
by Power of Attorney dated October
3, 2003, by Deed dated November 5,
2004 and recorded November 9, 2004
in Cumberland County in Deed Book
Volume 266, Page 797, granted and
conveyed unto Thomas E. Terry, Sr.,
a married man, in fee.
Being known as 621 Grandview
Avenue, Camp Hill, PA 17011.
Tax Parcel Number: 47-19-1590-
003A. _.® ...... ......._..
Ta Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the Patriot-News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael J. Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/23/08
Sworn to and subs
07/30/08
08/06/08
before me this 20 day of August, 2008 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NobwW SW
Shama L ftw, Notary Pubic
Cpy Of M>mtbwg; Dauphin County
W C0^WdftW Expirm Nov 20, 2011
Member, Penn"ania Assoclation of Noterbs
Real Estate Sale No. 1
Mirk No. 200"50 Civil Term
The Bank of New Yorkes Trustee
foci Equity One, Inc. Mortgage/
Pass Through Certificate Series
#2006-A
VS
Thomas E. Terry, Sr.,
original Mortgagor and Real
Owner and I..indaTerry, Original
Mortgagor
Attorney Heidi Spivak
LEGAL DESCRIPTION
All that certain tract of land located in the
Borough of Wormleysburg, Cumberland County,
Commonwealth of Pennsylvania, more
particularly bounded and described as follows,
to wit:
Beginning at a point on the Northern he of
Grandview Avenue, 211.25 feet in an Easterly
direction from the intersection of the East right-
of-way line of Erford Road with the North right-
of-way line of Grandview Avenue; thence North
27° 14'West, a distance of 106.33 feet to an iron
pin and lands now or formerly of C.A. Holmes;
thence along lands now or formerly of C.A.
Holmes, North 60° 24'East, a distance of 77.85
feet to an iron pin at the dividing line of Lots
Nos. 21 and 22 on the hereinafter mentioned
Plan of Lots; thence along said dividing line
South 31140' 10" East, a distance of 119.73 feet
to a point on the Northern line of 'Grandview
Avenue; thence in a Westerly direction along the
Northern line of said Avenue on a curve to the
fight having a radius of 1,003.81 feet, an arc
length of 78 feet to a point; thence continuing
along the Northern line of Grandview Avenue
South 62° 46' West, a distance of 7.25 feet to a
point, the place of Beginning, according to a
survey by Donald E. Kelly, Registered Surveyor;
dated June 6, 1970.
Being Lot No. 21 and an eastern portion of Lot
No. 20 on the Revised Plan of Lots of
Grandview Heights, recorded in the Office of the
Recorder of Deeds for CamberlandCountyin
Plan Book 16, page 53
Parcel ID: 47-1905 90 003A
BUN Gbm??lwi?mrf'"
Jam G. Bevdridk by Power of Attomey dated
'ictober 3, 2003, by Dead dated November 5,
2004and recorded November 9, 2004in
CumberlandCountyin Deed Book Volume 266.
page 797, granted and conveyed unto Thomas E.
't'erry, Sr., a married man, in fee.
Being known as 621 Grandview Avenue, Camp
Hill, PA17011
Tax Parcel Number: 47-19-1590-003A