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HomeMy WebLinkAbout04-0528BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02~.89g MLD : MUNICIPAL LIEN PRAECIPE Please issue a writ of scire facias on the within municipal claim. Carlisle Borough Solicitor Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 5, 2004 BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02--388~MLD MUNIC1]?AL LIEN WRIT OF SCIRE FACIAS The Commonwealth of Pennsylvania to Harold Criswell, Greeting: Whereas, The Borough of Carlisle on the 13th day of August, A.D. 2002, filed its claim in our Court of Common Pleas of Cumberland Comity; at No. 02-3858 MLD, for the sum of $3,251.05 with interest from the 9th day of January, 1991, for curb and sidewalk repairs at the following property situate in the Borough of Carlisle: known as 729 Franklin Street, Carlisle, Pennsylvania, a more precise legal description being attached hereto and marked Exhibit "A," which property is owned or reputed to be owned by you. And whereas, we have been given to understand that said claim is still due and unpaid, and remains a lien against the said property; Now, you are hereby notified to file your affidavit of defense to said claim, if defense you have thereto, in the Office of the Prothonotary of our said court, within fifteen days after the service of this writ upon you. lfno affidavit of defense be filed within said time, judgment may be entered against you for the whole claim, and the property described in the claim be sold to recover the amount thereof. _~ ~Witness the Honorable George E. Hoffer, President Judge of our said court, this ~'~day of 2004. (Seal) All that certain tract of land situated, lying, and being in the fifth ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, more particularly bound and described as follows: Beginning at the Southeastern intersection of Franklin & "D" Street and extending along Franklin Street in a Southern direction of seventy-five (75) feet to the line of lot of Lulah V. Petre; thence along the line of lot of Lulah V. Petre in an easterly direction one hundred fifty-eight (158) feet to a sixteen (16) foot alley; thence in a northerly direction along the said alley a distance of seventy-five (75) feet to the intersection of Franklin & "D" Street; thence in a westerly direction along the said "D" Street to the intersection of Franklin & "D" Streets, a distance of one hundred fifty-eight (158) feet, the place of beginning, being lots Nos 30, 31, and 32 of Block 16 in the plan of lots as laid out by the Carlisle Land & Improvement Company, said plan being recorded in Miscellaneous Volume 11, page 572, in the office of the Recorder of Deed for Cumberland County, Pennsylvania; having erected thereon a two and one-half story frame dwelling house known as 729 Franklin Street. Exhibit "A" SHERIFF'S RETURN - REGULAR CASE NO: 2004-00528 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE BOROUGH OF VS CRISWELL HAROLD L ET AL SH3~%!NON SHERTZER , Cumberland County, Pennsylvania, says, the within WRIT OF SCIRE FACIAS CRISWELL HAROLD L DEFENDANT at 0918:00 HOURS, on the at 729 FR3~NKLIN STREET CARLISLE, PA 17013 HAROLD L CRISWELL a true and attested copy of WRIT OF SCIRE FACIAS Sheriff or Deputy Sheriff of who being duly sworn according was served upon 1st day of March by handing to to law, the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this q ~w~ day of A.r . thonotary ~ So Answers: R. Thomas Kline 03/02/2004 MDW&O By: SHERIFF'S RETURN - REGULAR CASE NO: 2004-00528 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CLrMBERLAND CARLISLE BOROUGH OF VS CRISWELL HAROLD L ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SCIRE FACIAS was served upon CRISWELL HAROLD L AS EXEC OF ESTATE OF LEWIS C CRISWELL the DEFENDANT at 0918:00 HOURS, on the 1st day of March 2004 at 729 FRANKLIN STREET CARLISLE, PA 17013 by handing to HAROLD L CRISWELL a true and attested copy of WRIT OF SCIRE FACIAS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 Sworn and Subscribed to before me this ff~ day of ~L,~ ~3~,~ ~ A.m. ~rothonotar¥ ~ So Answers: R. Thomas Kline 03/02/200A MDW&0 By: F:kF ILE SkDATAFILE\C arlisleBor ough3046~Document s~2004~265 pr a9 BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL LIEN PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: The Defendant having failed to file an affidavit of defense or otherwise respond to the writ of scire facias served in the within matter, please enter judgment in favor of the Plaintiff and against the Defendant in the amount of $3,251.05, plus interest from January 9, 1991, at the rate of $0.87 per day, plus attorney's fees in the amount of $950.00, plus costs. Pursuant to the Municipal Lien Law, 53 P.S. § 7106, please assess attorney's fees in the above mount. Notice as required by law has been previously provided to the Defendant. Edward L. Schorpp, Esquire Carlisle Borough Solicitor Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 1,2004 BOROUGH OF CARLISLE, Plaintiff Vm HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL LIEN TO: HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Date: March 18, 2004 Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Edward L. Schorpp, Esquire Carlisle Borough Solicitor Ten East High Street Carlisle, PA 17013 (717) 243-3341 FAFILES~DATAFILE\CarlisleBorough3046~Documents~2004~265 pral0 Created: 1/13/03 239 12 PM Revised: 3/31/04 2:33:45 PM BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL LIEN PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter: (1) directed to the Sheriff of Cumberland County; (2) against Harold Criswell, Individually, and as Executor of the Estate of Lewis C. Criswell; (3) execute against real property owned by Defendants and identified on attached listing. Amount due Attorney's fees Plus interest from 1/9/91 through 4/1/04 Costs Plus interest from 4/1/04 at the rate of $0.87 per day $3,251.05 $950.00 $4,164.99 $ Date: April 1, 2004 Edward L. Schorpp, Esquir( Carlisle Borough Solicitor Ten East High Street Carlisle, PA 17013 (717) 243-3341 WRIT NO. 04-0528 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated, lying and being in the Fifth Ward of the Borough of Carlisle, County of Cumberland, State o f Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and "D" Street and extending along Franklin Street in a Southern direction of 75 feet to the line of Lot of land now or formerly of Lulah V. Petre; thence along the line of Lot of the said Lulah V. Petre in an Easterly direction 158 feet to a 16 foot alley; thence in a Northerly direction along the said alley a distance of 75 feet to the intersection of the said alley and "D" Street; thence in a Westerly direction along the said "D" Street to the intersection of Franklin and "D" Streets, a distance of 158 feet, the place of beginning. Being Lots Numbers 30, 31 and 32 of Block 16 in the Plan of Lots as laid out by the Carlisle Land and Improvement Company, said Plan being recorded in Miscellaneous Vol. 11, P. 572, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. HAVING erected thereon a two and one-half (2-1/2) stow frame dwelling house known as No. 729 Franklin Street, Carlisle, PA 17013. BEING the same premises which William S. Petre, widower, by his deed dated April 24, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y," Vol. 12, P. 292, granted and conveyed unto Lewis C. Criswell and Lucretia M. Criswell. The said Lucretia M. Criswell predeceased Lewis C. Criswell. Lewis C. Criswell, by his Last Will and Testament dated July ! 1, 1959, and duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, devised his entire estate, including the within real estate to his son, Harold Criswell. TO BE SOLD AS THE PROPERTY OF HAROLD CRISWELL ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 06-19-1643-313 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-528 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOROUGH OF CARLISLE Plaintiff (s) From HAROLD J. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, 729 FRANKLIN STREET, CARLISLE PA 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 729 FRANKLIN STREET, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to atiach 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) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n 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 $3,251.05 L.L.$.50 Interest 1/9/91 TO 4/1/04 = $4,164.99 PLUS INTEREST FROM 4/I/04 ~ $0.87 per diem Atty's Comm % $950.00 Arty Paid $111.40 Plaintiff Paid Date: APRIL 1, 2004 (Seal) REQUESTING PARTY: Name EDWARD L. SCHORPP, ESQ. Address: TEN E. HIGH ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme Cour~ ID No. 17495 Due Prothy $l.00 Other Costs CURTIS R. LONG Prothon~ry BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL LiEN AFFIDAVIT PURSUANT TO Pa. ILC.F. 3129.1 Edward L. Schorpp, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located as described in the attached Exhibit: 1. Name and address of owner or reputed owner: Name Address Ilarold L. Criswell, Individually and as 729 Franklin Street, Carlisle, PA 17013 Executor of the Estate of Lewis C. Criswell Name and address of Defendant in the judgment: Name Address HaroldL. Criswell, Individuallyand as 729 Franklin Street, Carlisle, PA 17013 Executor of the Estate of Lewis C. Criswell real property to be sold: Name Name and address of every judgment creditor whose judgment is a record lien on the Address N/A Name and address of the last recorded holder of every mortgage of record: Name Address N/A and whose interest may be affected by the sale. Name Name and address of every other person who has any record lien on the property: Name Address Borough of Carlisle 53 West South Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Name and address of every other person who has any record interest in the property Address N/A 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale. Name Address N/A I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4909 relating to unsworn falsification to authorities. Date: April 1, 2004 MARTSON DEARDORFF WILLIAMS & OTTO Edward L. SchorplS, Esquir6 ' Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff WRIT NO. 04-0528 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated, lying and being in the Fifth Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and "D" Street and extending along Franklin Street in a Southern direction of 75 feet to the line of Lot of land now or formerly of Lulah V. Petre; thence along the line of Lot of the said Lulah V. Petre in an Easterly direction 158 feet to a 16 foot alley; thence in a Northerly direction along the said alley a distance of 75 feet to the intersection of the said alley and "D" Street; thence in a Westerly direction along the said "D" Street to the intersection of Franklin and "D" Streets, a distance of 158 feet, the place of beginning. Being Lots Numbers 30, 31 and 32 of Block 16 in the Plan of Lots as laid out by the Carlisle Land and Improvement Company, said Plan being recorded in Miscellaneous Vol. 11, P. 572, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. HAVING erected thereon a two and one-half (2-1/2) story frame dwelling house known as No. 729 Franklin Street, Carlisle, PA 17013. BEING the same premises which William S. Petre, widower, by his deed dated April 24, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y," Vol. 12, P. 292, granted and conveyed unto Lewis C. Criswell and Lucretia M. Criswell. The said Lucretia M. Criswell predeceased Lewis C. Criswell. Lewis C. Criswell, by his Last Will and Testament dated July 11, 1959, and duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, devised his entire estate, including the within real estate to his son, Harold Criswell. TO BE SOLD AS THE PROPERTY OF HAROLD CRISWELL ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 06-19-1643-313 BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL LIEN NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on September 8, 2004, in the COMMISSIONER'S HEARING ROOM, 2nd Floor, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00 a.m., prevailing local time. 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 DESCPdPTION ATTACHED). THE LOCATION of the property to be sold is: 729 Franklin Street, Carlisle (Borough of Carlisle), Cumberland County, Pennsylvania THE JUDGMENT under or pursuant to which the property is being sold is docketed to: 04- 0528 Civil Action Law - Municipal Lien, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Harold Criswell. 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 within 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 Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. 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. 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 32 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R. Thomas Kline, Sheriff WRIT NO. 04-0528 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated, lying and being in the Fifth Ward of the Borough of Carlisle, County of Cuntherland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and "D" Street and extending along Franklin Street in a Southern direction of 75 feet to the line of Lot of land now or formerly of Lulah V. Petre; thence along the 1/ne of Lot of the said Lulah V. Petre in an Easterly direction 158 feet to a 16 foot alley; thence in a Northerly direction along the said alley a distance of 75 feet to the intersection of the said alley and "D" Street; thence in a Westerly direction along the said "D" Street to the intersection of Franklin and "D" Streets, a distance of 158 feet, the place of beginning. Being Lots Numbers 30, 31 and 32 of Block 16 in the Plan of Lots as laid out by the Carlisle Land and Improvement Company, said Plan being recorded in Miscellaneous Vol. 11, P. 572, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. HAVING erected thereon a two and one-half(2-1/2) stow frame d~velling house known as No. 729 Franklin Street, Carlisle, PA 17013. BEING the same premises which William S. Petre, widower, byhis deed dated April 24, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y," Vol. 12, P. 292, granted and conveyed unto Lewis C. Criswell and Lucretia M. Criswell. The said Lucretia M. Criswell predeceased Lewis C. Criswell. Lewis C. Criswell, by his Last Will and Testan~ent dated July 11, 1959, and duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, devised his entire estate, including the within real estate to his son, Harold Criswell. TO BE SOLD AS THE PROPERTY OF HAROLD CRISWELL ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 06-19-1643-313 BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL IAEN AFFID___AVIT I, Edward L. Schorpp, Solicitor for the Borough of Carlisle, hereby certify that I have served Notice of Sale, together with a legal description of the propert3,; upon each other person or entity named in the Affidavit Pursuant to Rule 3129.1 by regular mail at the address set forth in the Affidavit, with the return address of the Plaintiff appearing thereon. There is attached hereto and marked as Exhibit "A," a Certificate of Mailing, U.S. Postal Service Form 3817, confirming mailing to the entity. A copy of the Notice of Sale, together with the legal description, which was served upon the entity named above is attached hereto and marked as Exhibit "B." Edward L. Schorpp, Esquire Swonl to.and subscribed b~fore me this .~ day of_. 0~c4.~ , 2004. P~b~ic- NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public Carlisle F~oro.. Cumberland County M~, ~p. ~s.~.O~[eS Oct. 23, 2004 BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL. LIEN _NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUz{NT TO PENNSYLVANIA RULE OF CIVIL pI-td)'T~DU-RE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held on September 8, 2004, in the COMMISSIONER'S HEARING ROOM, 2nd Floor, CUMBERLAND COUNTy COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ora 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 the property to be sold is: 729 Franklin Street, Carlisle (Borough of Carlisle), Cumberland County, Pennsylvania THE JUDGMENT under or pursuant to which the property is being sold is docketed to: 04- 0528 Civil Action Law - Municipal Lien, Cumberland County C,.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Harold Criswell. 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 within thirty (30) days after the sale, and distribution of the EXHIBIT "A" 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 Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME~ANDj?LACE OF T---._.~HE SALE OF YO_UR PROPERTIES OR PROPERTY RIGHTS. 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. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. .YOU SHOUL~D TAKE THIS PAPER TO YOUR 1,2kWYER 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 32 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R. Thomas Kline, Sheriff WRIT NO. 04-0528 LEGAL DESCRIPTION ,ALL TI/AT CERTAiN tract of land situated, lying and being ~in the Fifth Ward of the Borough of Carlisle, County of Cumberland, State of Permsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and "D" Street and extending along Franklin Street in a Southern direction of 75 · feet to the hne of Lot of land now or formerly of Lulah V. Petre; thence along the line of Lot of the said Lulah V. Petre in an Easterly direction 158 feet to a 16 foot alley; thence in a Northerly direction along the said[ alley a distance of 75 feet to the intersection of the said alley and "D" Street; thence in a Westerly direction along the said "D" Street to the intersection of Franklin and "D" Streets, a distance of 158 feet, the place of beginning. Being Lots Numbers 30, 31 and 32 of Block 16 in the Plan of Lots as laid out by the Carlisle Land and Improvement Company, said Plan being recorded in Miscellaneous Vol. 11, P. 572, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. HAVING erected thereon a two and one-half(2-1/2) story frame dwelling house known as No. 729 Franklin Street, Carlisle, PA 17013. BEING the same premises which William S. Petre, widower, by his deed dated April 24, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "y," Vol. 12, P. 292, granted and conveyed unto Lewis C. Criswell and Lucretia M. Criswell. The said Lucretia M. Criswell predeceased Lewis C. Criswell. Lewis C. Criswell, by his Last Will and Testament dated July 1 l, 1959, and duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, devised his entire estate, including the within real estate to his son, Harold Criswell. TO BE SOLD AS THE PROPERTY OF HAROLD CRISWELL ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 06-19-1643-313 U.S. POSTAL SERVICE CERTIFICATE OF MAILING "~'~ Received E~iTSO~ or~oonFF WILUAMS r~"~' ~ ~ ienEa~H~ghS~, ~'~;~:~' / I MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES PROVIDE FOR INSURANCE-POSTMASTER PS Form 3817, January 2001 EXHIBIT "B" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which George W Kulp IV is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 1 st day of April, A.D., 2004, out of the Court of Common Pleas of said Cotmty as of Civil Term, 2004 Number 528, at the suit of Borough of Carlisle against Harold L Criswell & Lewis C Criswell C exor is duly recorded in Sheriff's Deed Book No. 265, Page .4029. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / ?-~t~ day of , A.D2004 X~~ Recorder of Deeds . Borough of Carlisle In The Court of Common Pleas of VS Cumberland County, Pennsylvania Harold L. Criswell, individually and Writ No. 2004-528 Civil Term As Executor of the Estate of Lewis C. Criswell Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 07, 2004 at 4:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Harold L. Criswell, individually and as Executor of the Estate of Lewis C. Criswell, by making known unto Harold Criswell, personally, at 729 Franklin Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 11:20 o'clock A.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 Harold L. Criswell located 729 Franklin Street, 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 Desc~fiption in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Harold L. Criswell, individually and as l:;xecutor of the Estate of Lewis C. Criswell, by regular mail to his last known address of 729 Franklin Street, Carlisle, PA 17013. This letter was mailed under the date of July 13, 2004 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, l~e exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $41,000.00 to George W. Kulp IV. It being the highest bid and best price received for the same, George W. Kulp IV of 140 Valley Drive, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $43,600.86. Sheriffs Costs: Docketing $30.00 Poundage 820.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 7.15 Levy 15.00 Surcharge 20.00 Law Journal 381.65 Patriot News 319.06 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 1759.35 Sworn and subscribed to before me So Answers: This ~ ~ day°f (~~ ~R~'~ /Prl~thonotary BY,,t..jt~t~,~/~ Real Est e~)eputy SCHEDULE OF DISTRIBUTION SALE NO. 02 Date Filed: October 08, 2004 Writ No. 2004-528 Civil Term Borough of Carlisle VS Harold L. Criswell, Individually and as Executor of the Estate of Lewis C. Criswell 729 Franklin Street Carlisle, PA 17013 Sale Date: Buyer: Bid Price: September 08, 2004 George W. Kulp IV $41,000.00 Real Debt: $3,251.05 Interest: 4,479.93 Attorney's Costs: 111.40 Attorney's Commission 950.00 Total: $8,792.38 DISTRIBUTION: Receipts: Cash on account (05/12/04): Cash on account (09/08/04): Cash on account (09/24/04): $ 1,500.00 4,100.00 39,500.86 Total Receipts: $45,100.86 Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Darlene Moyer, Tax Collector Borough of Carlisle Attorney Edward Schorpp Borough of Carlisle Harold Criswell $1,759.35 200.00 790.43 790.43 2,787.82 1,331.44 45.08 1,500.00 8,792.38 27,103.93 Total Disbursements: Balance for distribution: ($45,100.86) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 2 Held Wednesday, September 8, 2004 Date: September 8, 2004 2004. WATER RENT: SEWER RENT MECHANICS' AND MUNICIPAL CLAIMS MORTGAGES: JUDGMENTS: Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. Possible unfiled Mechanics Liens and Municipal Claims. Listed Under Other Exceptions Below. Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book ~. Page RECITAL: Being the same premises which John Petre, et al., by deed dated September 29, 1953 and recorded August 7, 1954 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book "X," Vol!ume conveyed to Lewis C. Criswell and Lucretia M. Criswell, his wife. OTHER EXCEPTIONS: 15, Page 352, granted and 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Franklin Street, "D" Street, and Oak Avenue. TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year o 10. 11. 12. Building conditions, restrictions, and setbacks as shown on or set forth with the Plan of Lots laid out by the Carlisle Land and Improvement Company recorded in Miscellaneous Record Book 11, Page 572. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $2,770.61 as of the date of the subject Sheriff Sale. Municipal lien filed by the Borough of Carlisle as Plaintiff against Lewis C. Criswell and Harold L. Criswell as Defendants on February 5;, 2004 in the Office of the Prothonotary to File No. 2004-528, in the amount of $3,251.05. Satisfactory evidence to be produced as to the death of Lucretia M. Criswell who is represented in filings of the Register of Wills Office: to have predeceased Lewis C. Criswell. Municipal lien filed by the Borough of Carlisle as Plaintiff against and Harold Criswell as Defendant on March 7, 2001 in the Offi,ze of the Prothonotary of Cumberland County to File No. 2001-1304 in the amount of $6,208.40. Said municipal lien is a lien on the subject premises by virtue of the Last Will and Testament of Lewis C. Criswell, filed in the Office .of the Register of Wills of Cumberland County to File No. 21-69-675. Municipal lien filed by the Borough of Carlisle as Plaintiff against Lewis Criswell as Defendant on August 13, 2002 in the Office of the Prothonotary of Cumberland County to File No. 2002-3855 in the amount of $3,251.05. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by :subject Sheriff Sale. 13. Real estate taxes accruing on and after January 1, 2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens i~t Federal District Court. REAL ESTATE SALE NO. 2 Writ No. 2004-528 Civil Borough of Carlisle VS. Harold L. Criswell individually and as Executor of the Estate of Lewis C. Crtswell Atty.: Edward Schorpp LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated, lying and being in the Fifth Wa.rd of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and "D Str~et and extending/dong Franklin Street in a Southern direction of 75 feet to the line of Lot of land now or formerly of Lulah V. Petre; thence along the line of Lot of the said Lulah V. f'etre in an Easterly direction 158 feet to a 16 foot alley; thence in a Nor[herly direction along the said alle~t a distance of 75 feet to the inte~rsection of the said alley and "D~ Street; thence in a Westerly direc- tion along the said "D" Street to the intersectton of Franklin and Stree. ts, a distance of 158 feet, the place of beginning. Being Lots Num- bers 30, 31 and 32 of Block 16 in the Plan of Lots as laid out by the Carlisle Land and Improvement Company, said Plan being recorded in lV~.scellaneous Vol. 11, P. 572, in the ()/rice of the Recorder of Deeds for Cumberland County, Permsylva- H/~VING erected thereon a two and one-half (2-1/2) story frame dwell:lng house known as No. 729 Fran~ Street, Carlisle, PA 17013. B1;;ING the same premises which Wtllimn S. Petre, widower, by his deed dated April 24, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed ~3ook "Y,' Vol. 12. P. 292, grant- ed anti conveyed unto Lewis C. Cris- well and Lucretia M. Criswell. The said Lucretia M. Criswell prede- ceased Lewis C. CriswelL Lewis C. Criswell, by his Last Will and Tes- tament dated July 11, 1959, and duly [,robated in the Office of the Register of Wills in and for Cumber- land County, Pennsylvania, devised his entire estate, including the within real estate to his son, Harold Cris- well. TO BE SOLD AS THE PROPER- TY OF HAROLD CRISWELL ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 06-19-1643-313. F FI LES',DA] A FI LE"Cm hsicBorough 304t¢ Documents' 2004 265 att"_, tde Cleated 116/17/02 02 27 31 PM Revised 03/17/04 01 5~ 34 PM 10603 I BOROUGH OF CARLISLE, Plaintiff HAROLD L. CRISWELL, Individualiy and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MI~D MUNICIPAL LIEN AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 Edward L. Schorpp, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following info]nnation concerning the real property located as described in the attached Exhibit: 1. Name and address of owner or reputed owner: Name Address Harold L. Criswell, Individually and as 7729 Franklin Street, Carlisle, PA 17013 Executor of the Estate of Lewis C. Criswell Name and address of Defendant in the judgment: Name Address Harold L. Criswell, Individually and as 729 Franklin Street, Carlisle, PA 17013 Executor of the Estate of Lewis C. Criswell real property to be sold: Name Name and address of every judgment creditor whose judgment is a record lien on the Address N/A Name and address of the last recorded holder of every mortgage of record: Name Address N/A 5. Name and address of every other person who has any record lien on the property: Name Address Borough of Carlisle 53 West South Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address N/A 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale. Name Address N/A I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand-that false statements herein are made subject to the penalties of 18 Pa. C.S. §4909 relating to unsworn falsification to authorities. Date: April 1,2004 MARTSON DEARDORFF WILLIAMS & OTTO Edward L. Schorp~, Esquir~ ' Ten East High Street Carlisle, PA 17013-3093 (717) 243-33,41 Attorneys for Plaintiff WRIT NO. 04-0528 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated, lying and being in the Fifth Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and "D" Street and extending along Franklin Street in a Southern direction of 75 feet to the line of Lot of land now or formerly of Lulah V. Petre; thence along the line of Lot of the said Lulah V. Petre in an Easterly direction 158 feet to a 16 foot alley; thence in a Northerly direction along the said alley a distance of 75 feet to the intersection of the said alley and "D" Street; thence in a Westerly direction along the said "D" Street to the intersection of Franklin and "D" Streets, a distance of 158 feet, the place of beginning. Being Lots Numbers 30, 31 and 32 of Block 16 in the Plan of Lots as laid out by the Carlisle Land and Improvement Company, said Plan being recorded in Miscellaneous Vol. 11, P. 572, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. HAVING erected thereon a two and one-half (2-1/2) story frarne dwelling house known as No. 729 Franklin Street, Carlisle, PA 17013. BEING the same premises which William S. Petre, widower, by his deed dated April 24, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y," Vol. 12, P. 292, granted and conveyed unto Lewis C. Criswell and Lucretia M. Criswell. The said Lucretia M. Criswell predeceased Lewis C. Criswell. Lewis. C. Criswell, by his Last Will and Testament dated July 11, 1959, and duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, devised his entire estate, including the ,vithin real estate to his son, Harold Criswell. TO BE SOLD AS THE PROPERTY OF HAROLD CRISWELL ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 06-19-1643-313 BOROUGH OF CARLISLE, Plaintiff Vo HAROLD L. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, Defendant IN THE COLrRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-528 MLD MUNICIPAL LIEN NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held on September 8, 2004, in the COMMISSIONER'S HEARING ROOM, 2nd Floor, CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, at 10:00 a.m., prevailing local time. 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 the property to be sold is: 729 Franklin Street, Carlisle (Borough of Carlisle), Cumberland County, Pennsylvania THE JUDGMENT under or pursuant to which the property is being sold is docketed to: 04- 0528 Civil Action Law - Municipal Lien, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Harold Criswell. 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 within 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 Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, (717) 240-6100. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTIES OR PROPERTY RIGHTS. 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. 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 Fff4D OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R. Thomas Kline, Sheriff WRIT NO. 04-0528 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated, lying and being i.n the Fifth Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and "D" Street and extending along Franklin Street in a Southern direction of 75 feet to the line of Lot of land now or formerly of Lulah V. Petre; thence along the line of Lot of the said Lulah V. Petre in an Easterly direction 158 feet to a 16 foot alley; thence in a Northerly direction along the said alley a distance of 75 feet to the intersection of the said alley and "D" Street; thence in a Westerly direction along the said "D" Street to the intersection of Franklin and "D" Streets, a distance of 158 feet, the place of beginning. Being Lots Numbers 30, 31 and 32 of Block 16 in the Plan of Lots as laid out by the Carlisle Land and Improvement Company, said Plan being recorded in Miscellaneous Vol. 11, P. 572, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. HAVING erected thereon a two and one-half (2-1/2) story frame dwelling house known as No. 729 Franklin Street, Carlisle, PA 17013. BEING the same premises which William S. Petre, widower, by his deed dated April 24, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "Y," Vol. 12, P. 292, granted and conveyed unto Lewis C. Criswell and Lucretia M. Criswell. The said Lucretia M. Criswell predeceased Lewis C. Criswell. Lewis C. Criswell, by his Last Will and Testament dated July 11, 1959, and duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, devised his entire estate, including the within real estate to his son, Harold Criswell. TO BE SOLD AS THE PROPERTY OF HAROLD CRISWELL ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. TAX PARCEL: 06-19-1643-313 WRIT OF EXECUTION and/or ATTAC, HMENT COMMONWEALTH OF PENNSYLVANIAi NO 04-528 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOROUGH OF CARt,ISLE Plaintiff (s) From HAROLD J. CRISWELL, Individually and as Executor of the Estate of Lewis C. Criswell, 729 FRANKLIN STREET, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 729 FRANKLIN STREET, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 dehvering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attaclunent 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 $3,251.05 L.L.$.50 Interest 1/9/91 TO 4/1/04 = $4,164.99 PLUS INTEREST FROM 4/1/04 ~ $0.87 per diem Atty's Comm % $950.00 Atty Paid $111.40 Plaintiff Paid Date: APRIL 1, 2004 (Seal) REQUESTING PARTY: Name EDWARD L. SCHORPP, ESQ. Address: TEN E. HIGH ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme Court ID No. 17495 Due Prothy $1.00 Other Costs CURTIS R. LONG Proth~otary ~De~p~d/~ By: ,,.'~\ ~'p~L~ Real Estate Sale #02 On May 12, 2004 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 729 Franklin Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 12, 2004 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania:. owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and ~Ilae 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 theft regular daily and/or Sunday/Metro editions which appeared on the', 27th day(s) of July and the 3rd and 10th day(s) of August 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 tree; 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 SALE#2 Sworn to and sul~xffibed before me this 2_;rd day of August 2004 A.D. · ur ~ uau n'~ ~"~, ' ~' - ~ a~ o[ Ha~sb g P ,,,~ ..... ~m~f, Pinns~l~ni~A~ei~~sJo~ ~p~s ~ d, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 319.06 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 JOUll2NAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : 88. 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 iii 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 16,23,30,2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATEK&LE NO. 2 Writ No, 2004-528 Civil Borough of Carlisle rS, Harold L. Criswell individually and as Executor of the Estate of Lewis C. Criswell Atty.: Edward Schorpp LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situated, lying and being in the Fifth Ward of the Borough of Carlisle, County of Cumberland. State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the Southeastern intersection of Franklin and Street and extending along Franklin Street in a Southern direction of 75 feet to the line of Lot of land now or formerly of Lulah V. Petre; thence along the line of Lot of the said Lulah V. Petre in an Easterly direction 158 feet to a 16 foot alley: thence in a North_e?l~E_.~r~ction alonll the ~ f~i's'~ Marie Co~e//Editor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005