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Home My WebLink About01-2089 COMMONWEALTH OF PENNSYLVANIA ~/" ~~ COUNTY OF: COJ,I~Z~ NOTICE OF JUDGMENT/TRANSCRiPT o9- 3- oz CIVIL CASE DJ NAME and ADDRESS Name: Hon. FSHIPPENBBuRG TOWNSHIP ~O~ E. B~ER PO BOX 2~9 Address: 81 W~ SHIPP~SB~G, PA 17257 SHIPP~SB~G, PA DEFENDANT: VS. ~e~e~o,e: (717) 532-7676 17257 0361 ~C~~ NAME and ADDRESS 257 L.~iSON BL~ SUITE ~ 04 SHIPP~SB~~ TO, sHIp ~L~IA, SC 292~2 PO BOX 2~9 ' SHIPP~SB~~, PA ~7257 ~ D~ Filed: 8~9/0'' THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~ ~ Judgment was entered against: (Name) in the amount of $ ~~~ on' (Date of Judgment) ~~ ~ Defendants are jointly and severally liable. (Date & Time) ~ Damages will be assessed on' Amount of Judgment $ , Judgment Costs ~This case dismissed without prejudice. Interest on Judgment Attorney Fees $ _ .00 ~ Amount of Judgment Subject to Total AttachmenFAct 5 of 1996 $ Post Judgment Credits $ ~ Levy is stayed for~ days or ~ generally stayed. Post Judgment Costs ~ Objection to levy has been filed and hearing will be held: Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARWCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUS~ INCLUDE A COPy OF THIS NOTICE OF JUDGMENT~RANSCRiPT FORM WITH YOUR NOTICE OF APPEAL. ~ -~X-~/ Date ~X~ ~ lc ' ~ ~ · · ~hat this is a true and correc' . _ ~ , D~stnct Justice [ copy~ot the record of the roceedin · · . I~~ Date ~~f ~m~rd of~r~ L~ - ~- _''~/~/ !. ....... I ~~ ~~ ~. v~strict Justice My commission expires first Monday of Jan AOPC 315-99 IN THE COURT OF COMMON PLEAS OF CIVIL DIVISION SHIPPENSBURG TOWNSHIP : ( ) Confessed Judgment Plaintiff . · (X) Other · · V. · · File No. 2001-02089 ACTUAL HOLDINGS : Amount Due $2,190.00 · Defendant · Interest $ · · Late Charges $ : Escrow Due $ : Unapplied Credit $ : Atty's Comm. $ : Costs $ TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described properties of the Defendant: 15, 25, 45A, 45B, 45C, 55 and 85 Sunbeam Court, Shippensburg Township, Cumberland County, Pennsylvania 17257 (See Legal Description attached hereto and incorporated herein as Exhibit A.) Respectfully Submitted TURO LAW OFFICES Date . Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ',-, ALL the following descr/bed tract of land situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a ark Britton Road a P er kalon nail · . o~.,, .... t the comer of lands ..at an existing railroad spi in the ~?~t~~n,a..s.,_n°w Or formerly of Mc~n~.w,,_°_r formerly of Glenn L ~,~..,,..k,e_ center of _ . o ,u~ry-one (41) secon-,-- ,-- ,.-~_,,~n south eiohtu. · · .-,,.,-_,uden; thence alon ~an ~mn pin; thence alnn,, o..U_~ west tirry-two and e'° '~s!x_(86) .degrees fi - · . g [wen . · -"~ oo,,,~ So ~ghty-n~nu hun fry s~x (56) ty s~x (26 s uth fi -se aredths e ' · ) econds West fry yen ('57) de r (52.89) feet to x~stmg cst seven -tw . g ecs twen _ · . ......_,. .P at the comer o _ty o and thirty-six _ty s~x (26) minute o~u ~ancls now o- · ..... f_lands now or fo-.-----, - hundredths 72 3 _ s · · - ,~,,men · ,,,,=, of e ( . 6) feet to an th~rty-n~ne 39 y of B~gler Nort Y Gorge L Bi · . ( ~ seconds · h twen -six · g/er; thence ex, st, rig iron pin-p,-...- West e'ghty-e/ght and ~. ~--(26) degrees eight (08 .ai.o_ng [we , -~,ce a~on s -..,,x-r~ve hundr ) minutes , nty-seven 27 garne South twen edths (88 55 1 (') seconds fy-five 25 · ) feet to an :j 92.36) feet to an i- ..... West one hundred ,.,.. (' ) degrees th/ 3 · . · ,,,- p~n at t comer of -,-ety-two and th/ ~ (0) m~nutes rnence along sa~d lands n ,-,-.-h-e_ . _ lands no _ _r~y- ~x hundred o.. u, ~ormeny of S/n,~o ~,_~w~ .o.r formerly of Sara~, ~ .-- the (13) minutes eight (08) seco ,--.o ,~urrn mirtv._,~,, ~oo, _. "~. ~pes; f_.e..e_t t.o a.n existing iron pin; thn~d,.s..-W_e,st seventy-six and t~ _ . --, --,,- ~.~o) oegrees thirteen ;~u.~:es twenty-six (26) sec,,2~'_'~,.,u'°ng same South si.,-.ie-n?'t.h-re~ hunclredths 176 ~, ,=u[ [o an · . . . .,,,u~ west s ,,,y-une (§1 d ' existing ~ron pin- th--,- .... eventy-five and twen ...)_ egre. es twelve (12 ' ~,,~ along same so ,~, ,~.:'-7-'-'~.~-n!"u hunclredths (7~ on! (28) minutes twenty-e/ ht u.,, ~,, , ...,~o hundredths (134 0n~ ,.--.g. (28) seconds E _,[y.(3o) de . grees twenty-e~ght John Hosfe~-,- .,-'--w ,~.e[ m an existin ir . a_st one hunored t ' _ ,~ ~..,._ .. ~, mence alonn i~-- - g o_n p~n ~t the corn _ h~rty-four and z ro .-.,.._,,,~m. ,. I~ideout South t~e~.~.~n°w_°r formerly of Hosf-e~r o~f_/~a~.ds .now or former/e ~.~concls West two hundred a~';Y~/',v:,,(.2~5)..d_e~gree, s thirty (~~'~;~:ncl, now _or formeYr~y, pm at the comer of lands now or formerly of General Casting Co.; thence along said ~ ,~-,~,ur nunclredths (2nn sa,~, ,_ .s .twenty-seven 27 -,/~c-.er to an ex~sting iro~ l: n..ds n. ow. or formerly of Gener. . · a) minutes zero 00 al Casting Co., No · · (565 13 f~ ( ~ seconds West rth th~rty-e~ ht 3 ,, -. ) eet to an exist/n,- :--- _ five hundred sixty ~...?- (' 8.)degrees fo fi -ornbaker; then,--- -,- u ~un pin at the c,- ......-,,x-.ye and thirtee,, ~..._?Y-_we · ,.,= a~on s 'd ,,,~ur or lands ",~unoredths ?nu. tes thirteen 113, g~--a-I _/ands of Hombak,~ ~,~...,,..n_ow or formerly of r~,., (22~ .,__"'o tueo./l) feet to an exi--?°~ rwe hundred fo.,.['.'. ~-'w uegrees fifty (50~ / uegrees t~ x~szln irc · ,ry-rnree a · enty-seven 27 · g n Pm; thence nd seven -o ~a, nd..e,ghty-nine hundred.,._(' .?.?,_nates thirty (30~ s,~,......,a_l°.-ng .same South twe ty ne ~orth eighty /80' .,__~,,u~s [~4~.89) feet to a ' "'-'2/"-us ~as~:.one hundr nty-.two ninete n o..., ~.~/..uegrees ei ht / -~ -_ n .existing iron i- _ ed. forty-nme e.. _ g ,0,,/ minutes ten (10) secoPn(~; t~:~~'eonaleOng same -.u ,try three hundredths (119 53) feet to an ex/st/n,, ~ ..... ,_. hundred same South fifty (50) de r . · . _h_u_n. dr.ed e,g_hty-five and thgi~,,es n,n.e._(09)_ m, nutes fi _ . · ' u ,,u~ p~n thence along ~merl~ne .,z. five hun fry four 54 degrees s~vfeBritt-°n Road; thence alon_drt~clths (.185.35)feet to(a )ra~i~~_°~nde .East one · n (07) minute ~ ne centerline · uau spi~e in thirty five hu s forty five 4 of Bntton Road the - ndredth - ~ 5) seconds West one South eight (08) the place of beginni:g(~41'35) feet toe parker kalon nail in the cheUnntde~eodf ~r/~~o°nnl~oaa~:ld' BEING Tracts I and 2 on a Dra Shippensburg Townshi,,, Cu--'- ....fi_of Survey of Tracts of Lan _ prepared by Denni= ~ ~'=,__,~,uenancl County, Penns Iv ' d for_ Troy A: Beam in ...... ~-. ,~,=ck En i · Y anna, dated Janu R~ght-of Way PI ,, =-.--,- -- -- g neenng, Inc., an ~.,.....,__,. _ . ary 30, 1995. · .., a,, ~,~,u~ ~-~ a~ Pa e 41- .d re,.,,,uu? ~n L;umbeda ' ~r._Subd'v.'s,on as set forth on a gFinal' and .al.s.o be,ng the e_nt, re tract of lan nd County _°n~PpensDurg Townshin C-,,,~...-,---, ~Subd!v~s~on Plan for Rock,, u....,_, d .approved _prepared by Dennis E'-~,..'..','.'"_~_"~.no L;ounty, Pennsylvani~ ,~.~..~,~uu/fl:)a~_ments in Plan Book 72 ~, D...._ ;.~'°~ engineering, inc an~l ;.,,,,,,._~.~u.~u_ .~anuary 29, 1996, -, "--ou~ o.~. ..-. ,~,.u~ueo ~n L;umbedand County BEING the same real estate which the Redevelopment Authority of the County of Cumberland, by deed dated August 6, 1996, and intended for recording contemporaneously herewith, granted and conveyed to Robert F. Nocho, Mortgagor herein. SHIPPENSBURG TOWNSHIP, · IN THE COURT OF COMMON PLEAS OF Plaintiff . · CUMBERLAND COUNTY, PENNSYVLANI^ · v. : NO. 2001-02089 CIVIL TERM · · ACTUAL HOLDINGS, : CIVIL ACTION - LAW Defendants . · · IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Shippensburg Township, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 15, 25, 45A, 45B, 45C, 55 and 85 Sunbeam Court, Shippensburg Township, Cumberland County, Pennsylvania 17257. 1. Name and address of owner(s) or reputed owner(s)- Name Address_ Actual Holdings 257 L Harbison Blvd., Suite 104 Columbia, SC 29212 2. Name and address of Defendant in the judgment: Name - Address Actual Holdings 257 L Harbison Blvd., Suite 104 Columbia, SC 29212 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Shippensburg Township P.O. Bo-x 219 Shippensburg, p^ 17257-0361 4. Name and address of the last recorded holder of every mortgage of record: Name Address Eastorn Resourcos Institute 4542 E. Tropicana Ave., Suito 189 Las Vegas, NV 89121 Acme Fiduciary Fund 623 Dual Highway, Suite 121 Hagerstown, MD 21740 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale' Name Address Kappa Lambda Housing Corporation 192 Meredith Avenue Rosemont, PA 19010 6. 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 None ., 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. ~49~ relating to unsworn ~:: ~ falsification to authorities. Date //-Jarnes M/Robinson, Esquire ~J 28 Sout¥ Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 ORRSTOWN BANK, : IN THE cOURT OF COMMON PLEAS OF :CUMBERLAND couNTY, PENNSYV~NIA Plaintiff · ; NO. 2001-2089 CIVIL TERM V. ' ~ CIVIL ACTION - LAW IAL HOLDINGS, i IN MORTGAGE FORECLOSURE Defendant E OF SHERIFF'S SALE OF REAL ESTATE TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: December 5, 2001 TIME: 10:00 A.M. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17015 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 improvements erected on the land. THE LOCATION of your property be sold is: 15, 25, 45A, 45B, 45C, 55 and 85 Sunbeam Court, Shippensburg Township, Cumberland County, Pennsylvania, 17257 (See Attached Legal Description) THE jUDG#IENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Actual Holdings at No. 2001-2089 in Cumberland County, Pennsylvania, for the amount of $2,190.00. THE NAIIIIES OF THE oWNER OR REPUTED oWNERS of this property are: Actual Holdings. A sCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or. corporate entities or agencies being entitled to receive part of the proceeds of the sa~e received and to be disbursed by the Sheriff (for example to the bank(s) 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, I Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN 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. ^ 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 ADVISE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1. You may file a petition with open the judgment if you the Court of Common Pleas of Cumberland Coun to company that has entered judgment against you. You may also file a petitintYon have a meritorious defense against the perso or with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding Paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 15, 25, 4SA, 4SB, 45C, $$ and 58 SUNBEAM SHIPPENSBURG TOWNSHIP, CUMBE ~ ^~,,-, ,.,.. -- COURT R..,.,.~u ~,uUNTy, PENNSYLVANIA, 17257 ALL the following described tract of land situate in Shippensburg Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a parker kalon nail at an existing railroad spike in the cen Britton Road at the corner of lands now or _sa. id .lands now or for _ formerly of Glenn L M . _ t.er of m, nutes fo _marly of_ McMullen south ei h · · cMullen, th_ence along ..... rty-one (41) seconds West fi~, ,, ....... g ty-s~x (.86) degrees fi -si ~n ,r.on p~n; thence alonn sa-,,- ~.....,_,~.~,,,u ~.d e~ghty-nine 13undredth_~ ~ft~.,,..x (56) twenty-six (26~ se,-,--.-'-~'-,-".'~ °uum torY-seven (57) d~,,----~ ,. .... 2 .... ~-,=.ow feet to · . , ,.,,,,ua west say - --~,,~=o [wun -six · ex, stun os enty-two and thi · ty (26) m~nutes · g p t at the corner of la rty-s~x hundredths 7 sa~d lands no _ nd.s now or formerl of · (2.36) feet to an ,~.=.,..----.. ,.,~,w or formerly of Bioler N _ Y. George L. B~gler; then ~.,~.y._._-~n,n= tow seconds West eighty e~~,h ~t~_~e~ty~-s~ (2.6)degrees eight 08 ce.along =x~srmg iron pin; then---' -,-_' u,,, ,=.u ,m/-r~ve 13undreatho ,oo ~..) m~nutes ~ a~ong same Sou "" ° too.aa rea twenty-seven 27 th twenty-five 25 . ) t to an ( ) seconds West o ( ) degrees th~ 30 ' (192.36) feet to · ,_ . ne hundred nine - .. ~ (.) m~nutes the-,----,, ..... a.n. ~ro.n p,n at the corner cfi ty two._ a_nd th, _r~-s~x nundredt ",,,= ,=,u-~l sago ~ancls no ~,,,,....., .... ands..now or formerly of Sara . . he. w or ,,,,,,,=,,y of S,pes North thirtv-si~ ,~,, .,..___h_ E;. S,.pes, --, -- t.,,,) u~rees I:rljrteen (13) minutes eight (08) seconds West seventy-six and twenty-three hundredths feet to an existing iron pin; thence alon _ .minutes twenty-six (26~ sec----,- ,-. - g same- South sixty one ~61~ ., ..... .(76:23) x u,,uu west s ~ i u~urees twelv feet to an existinn ir ,,;... ,,.__ . eventy-five and twenty- 'n= ~,, .... _e (12) o on ~,,., rnence a~ong sam,, s,-nt'- ,,-,.,..-~.,-m.'":. ,,,,nd, udths (75.29) (28) minutes twenty-eight (28) seconds East one hundred thirty-four and zero .... · - -,,--- .n~,,y toO) oegrees twenty-eigh~ hundredths (134.00) feet to an existing iron pin at the corner of lands now or formerly of John Hosfeld; thence along lands now or formerly of Hosfeld and lands now or of John H. Rideout South twenty-five 25 seconds West two hun -- -( - ) degrees thi 30 ' _ formerly · dred and e~ h r, rty ( ) m~nutes twen s g ty- our hundredths/20n -,~, · .... ty- even (27) p~n at the corner of lands now or formerly of General Casting Co., thence along said formerly of General Casting Co., North ' ,-.,--,/,~e[ [o an existing iron lands now or . thirty-eight (38) degrees forty-five (45) minutes zero (00) seconds West five hundred sixty-five and thirteen hundredths (565.13) feet to an existing iron pin at the corner of lands now or formerly of Paul E. Hombaker; thence along said lands of Hombaker North fifty (50) degrees fifty (50) minutes thirteen (13) seconds East five hundred forty-three and sev hundredths (543.71) feet to an existin, · ' (22) degrees twent,, o..,,.... ,.,-.. . . g ~ron pin; thence a~,,,-, ~..- .- enty-one and eighty-nine '~'"'~'~- t~/) m~nutes thirty ", ~/o=uunos n,x-...v t:ast one hundred forty-nine hundredths (149.89) feet to an existing iron pin; thence along same North eighty (80) degrees eight (08) minutes ten (10) seconds East one hundred nineteen and fifty-three hundredths (119.53) feet to an existing iron pin' thence along same South fifty (50) degrees nine (09) minutes fifty-four (54) seconds hundred eighty-five and thirty five hundredths (185 35) feet to a re,Ir East one centerline of Britton Road; the~-..---,----~ .... · __ _ ' cad spike ~n t ~ c'uH~l [rle ce ' 0h8~ degrees seven (07) minutes forty-five (45) seconds West one hundred forty-one and nzenine ct Britton Road South eight ( thirty-five hundredths (141.35) feet to a parker kalon nail in the center of Britton Road the place of beginning. ' BEING Tracts I and 2 on a Draft of Survey of Tracts of Land for Troy A. Beam in Shippensburg Township, Cumberland County, Pennsylvania, dated January 30, 1995, prepared by Dennis E. Black Engineering, Inc., and recorded in Cumberland County Right-of Way Plan Book 11 at Page 41; and also being the entire tract of land approved for subdivision as set forth on a Final Subdivision Plan for Rocky Knob Apartments in Shippensburg Township, Cumberland County, Pennsylvania, dated January 29, 1996, prepared by Dennis E. Black engineering, Inc. and recorded in Cumberland County Plan Book 72, at Page 63. BEING the same real estate which the Redevelopment Authority of the County of Cumberland, by deed dated August 6, 1996, and intended for recording contemporaneously herewith, granted and conveyed to Robert F. Nocho, Mortgagor herein. Shippensburg Township In The Court of Common Pleas of VS Cumberland County, Pennsylvania Actual Holdings Writ No. 2001-2089 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney James Robinson. Sheriff's Costs: Docketing 30.00 Surcharge 70.00 Posting Handbills 105.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 13.00 Levy 15.00 Advertising 15.00 Certified Mail Poundage 25.20 Postpone Sale Law Journal 702.50 Patriot News ~ $1452.56 paid by attorney Sworn and subscribed to before me This 7 ~ dayofKb, z,~~ ~~~'~ , R. Thomas Kline, Sheriff . Prothonotary R~al E~ate Deputy -- Ct~, 3~t P'90 SHIPPENSBURG TOWNSHIP, Plaintiff · IN THE COURT OF COMMON PL v. CUMBER F. AS OF LAND COUNTY, PENNSYVI~NiA : NO. 2001-02089 CIVIL TERM ACTUAL HOLDINGS, : Defendants ' CIVIL ACTION _ LAW · :IN MORTGAGE FORECLOSURE Shippensburg Township, Plaintiff in the above act/on, sets forth as of the date the Praecipe for the Wdt of Execution was filed, the following information concerning the real property located at: 15, 25, 45A, 45B, 45C, 55 and 85 Sunbeam Court, Shippensburg Township, Cumberland County, Pennsylvania 17257. 1. Name and address of owner(s) or reputed owner(s)- Actual Holdings A__ddres~_ 257 L H-arbison Blvd., Suite 104 Columbia, SC 29212 2. Name and address of Defendant in the judgment: Actual Holdings Addres~ 257 L H-arbison Blvd., Suite 104 Columbia, SC 29212 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address Shippensburg Township ~.O. B~-~ 219 ShiPpensburg, pA 17257-0361 r 4. Name and address of the last recorded holder of every mortgage of record: Address_ Eastern Resources Institute 4542 E~-Tropicana Ave., Suite 189 Las Vegas, NV 89121 Acme Fiduciary Fund 623 Dual Highway, Suite 121 Hagerstown, MD 21740 5. Name and address of every other person who has any record lien on the property: Name None A__ddress 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: Address Kappa Lambda Housing Corporation - 192 Me-~edith Avenue Rosemont, PA 19010 6. 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: None A__ddress 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. ,~4904 relating to unswom falsification to authorities. Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 SHIPPENSBURG TOWNSHIP : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYV~NI^ · v. : NO. 2001-2089 CIVIL TERM · · ACTUAL HOLDINGS, : CIVIL ACTION - LAW Defondant :IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. _~3129.2 TAKE NOTICE' That the Sheriffs Sale of Real Property (real estate) will be held' DATE: December 5, 2001 TIME' 10:00 A.M. LOCATION: Jury Assembly Room Cumberland County Courthouse I Courthouse Squaro Carlisle, Pennsylvania 17013 THE PROPERT~ TO BE SOLD is delineatod in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief montion of the buildings and any other improvements erocted on the land. THE LOCATION of your property be sold is: 15, 25, 45A, 45B, 45C, 55 and 85 Sunbeam Court, Shippensburg Township, Cumberland County, Pennsylvania, 17257 (See Attached Legal Description) THE JUDGMENT under or pumuant to which your propert~ is being sold is docketed to: Shippensburg Township v. Actual Holdings at No. 2001-2089 in Cumberland County, Pennsylvania, for the amount of $2,190.00. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are' ^¢tual Holdings. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corpomt~ entities or agencies being entitled to rocoive part of the procoeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) 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, I Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAU,SE THERE IS A JUDGMENT TAKEN AGAINST YOU. IT ~Y CAUSE YOUR PROPERTY T.O 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 ADVISE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition IIIIUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. .m LEGAL DESCRIPTION OF 15, 28, 45A, 48B, 45C, $8 and 88 SUNBEAM COURT SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, '17257 ALL the following described tract of land situate in Shippensburg Township, Cumberland Count~, Pennsylvania, bounded and described as follow~' BEGINNING at a parker kalon nail at an existing railroad spike in the center of Britton Road at the corner of lands now or formorly of Glenn L. McMullen; theneo along said lands now or formerly of McMullen south eighty-six (86) degrees fifty-six (56) minutes forty-one (41) seconds West fifty-two and eighty-nine hundredths (52.89) feet to an iron pin; thenco along sam South fiff~-seven (57) degrees twenty-six (26) minutes twenty-six (26) seconds West seventy-two and thirty-six hundredths (72.36) feet to an existing post at the corner of lands now or formorly of Geor§e L. Bigler; thenco along said lands now or formerly of Bigler North twenty-six (26) degrees eight (08) minutes thirty-nine (39) seconds West eighty-eight and fifty-five hundrodths (88.55) foet to an existing iron pin; thence along same South twenty-five (25) degrees thirty (30) minutes twenty-seven (27) seconds West one hundrod ninot~-two and thirty-six hundrodths (192.36) feet to an iron pin at the corner of lands now or formerly of Sarah E. Sipes; thenco along said lands now or formorly of Sipes North thirty-six (36) degrees thirteen (13) minutes eight (08) seconds West seventy-six and twenty-three hundredths (76.23) foot to an existing iron pin; thenco along sam South sixt~-one (61) degroes twolve (12) minutes twenty-six (26) seconds West seventy-five and twenty-nine hundredths (75.29) feot to an existing iron pin; thenc~ along sam south thirt~ (30) degrees twenty-eight (28) minutes twenty-eight (28) seconds East one hundred thirty-four and zero hundrodths (134.00) f~et to an existing iron pin at the corner of lands now or formorly of John Hosfeld; thence along lands now or formerly of Hosfeld and lands now or formerly of John H. Rideout South twent~-five (25) degrees thirt~ (30) minutes twen~-seven (27) seconds West two hundred and eighty-four hundredths (200.84) feet to an existing iron pin at the corner of lands now or formerly of General Casting Co.; thenco along said lands now or formerly of General Casting Co., North thirty-eight (38) degrees forty-five (45) minutos zero (00) seconds West five hundred sixty-five and thirteen hundrodths (565.13) feet to an existing iron pin at the corner of lands now or formerly of Paul E. Hornbaker; thenco along said lands of Hornbaker North fift~ (50) degrees fifty (50) minutes thirteen (13) seconds East five hundred forty-three and seventy-one hundrodths (543.71) foot to an existing iron pin; thenco along sam South twenty-two (22) degrees twenty-seven (27) minutes thirty (30) seconds East one hundred forty-nine and eight-nine hundrodths (149.89) foet to an existing iron pin; thenco along sam North eighty (80) degrees eight (08) minutes ten (10) seconds East one hundred nineteen and fiff~-three hundredths (119.53) foet to an existing iron pin' theneo along same South fifty (50) degrees nine (09) minutes fifty-four (54) seconds East one hundrod eigh~-five and thirty-five hundrodths (185.35) foet to a railroad spike in the centerline of Britton Road; thence along the centerline of Britton Road South eight (08) degrees seven (07) minutes forty-five (45) seconds West one hundrod forty-one and · · thirty-five hundredths (141.35) feet to a parker kalon nail in the center of Britton Road, the place of beginning. BEING Tracts 1 and 2 on a Draft of Survey of Tracts of Land for Troy A. Beam in Shippensburg Township, Cumberland County, Pennsylvania, dated January 30, 1995, prepared by Dennis E. Black Engineering, Inc., and recorded in Cumberland County Right-of Way Plan Book 11 at Page 41; and also being the entire tract of land approved for subdivision as set forth on a Final Subdivision Plan for Rocky Knob Apartments in Shippensburg Township, Cumberland County, Pennsylvania, dated January 29, 1996, prepared by Dennis E. Black engineering, Inc. and recorded in Cumberland County Plan Book 72, at Page 63. BEING the same real estate which the Redevelopment Authority of the County of Cumberland, by deed dated August 6, 1996, and intended for recording contemporaneously herewith, granted and conveyed to Robert F. Nocho, Mortgagor herein. ' ' -WRIT OF, EXECUi:IoN and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 0 '1_- 2 0 8 9 ,.31VIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY' To satisfy the debt, interest and costs due Shippensburg Township ........... PLAINTIFF(S) from Actual Holdings, 257 L Harbison Blvd., Suite 104, Columbia SC 20212 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located .at 15,_~2_5.., 45 A, 45B, 45C, 55 and 85 Sunbeam Court, Shippensburg Twp. pA 17257. (See attached 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/are 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 atlachment 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 $2,190.00 L.L. $. 50 $1.00 Interest Due Prothy Atty's Comm % Other Costs Ally Paid $ 431.75 Plaintiff Paid Date: Auqust 3, 2001 CURTIS R. LONG Prothonotary, Civil Division by' .. ....... _ / ,, -~-~- REQUESTING PARTY- - .... Deputy Name James M. Robinson, Esq. Address' 28 S. Pitt St. Carlisle PA 17013 Attorney for: Plaintif Felephone: (717) 245-9688 Supreme Court ID No. 84133 REAL ESTATE SALE No. t5 - · .. . 0~1 Sept. 11, 2001 ~'-~ :..' ..... ' .... ":" ' a Town~hip interest in ~he real pre~:,~"~ ~;t,..,':":-:' '':~ ..'~, s~~~~''~ .................. ' ........ 15, 25, 45A, 45B, 45C, 55 & ~ ., .. ~h~r:..':~¢~ ~ Sunbeam court ~m~rland " "~ ...... *,,. ~' ~ ~ ~ ~ ~ ':,V~'/? r~ , , · ~ j~ ' , t ,~' ', ,.. . · . this wilt and ~.?' ~'~ r;:. ~'' '~ ~.~:':c .. ...'.."~.',-.: ........ · :., .~, --- .~: :~ ,, ~~:~.. 11, ..2g.01 · "'~e~l g~cate Depu~ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly SWorn according to /aw, deposes and says. That he is the Acounts Receivable Manager 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 T_.b~he Market Street, in the City, County and State aforesaid; that The Patriot-News and '/'he Sunday Patriot-News were newspapers of general circulation, printed and published at 812 to 818 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 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advert/sing, 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 adopted severally by the stock statement on behalf of '/'he Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and tp.e. office for the Record/n,-, .., h~o_lde, rs and board of vo~um~ 14, Page 317. u ,., ~Jeecls in and for said directors of the said Compan a PUBLICATION .......... County of Danphi.. ~../~-~. ..Y nd subsequent/ duly recorded in '7 nmsce"aneous Book "M", y co v .............. .... ....................................... SALE #15 .............. S ~'----- Notarl~ 1 A.D. ~usaell, Nora, REAL ESTATE SALE ~O. !rg, Dauphin ~ ~n Expires d~ " 8hippen~. Iraqi 'r0wn~lp v~ o .,,,,- expires June 6, 2002 Actual Heldinl~ D~C~Ao~: 4an~ Rob/-~. CUMBERLAND COUNTY SHERIFFS OFFICE ALL ~ fo[kn~S .~,.,,~ tra~t '- ' CUMBERLAND COUNTY COURT/iOUsE in Shi ,~t.,,, *'i~! ' 0['~ sit~ , CARLISLE, PA. 17013 pge__,,., ~ . Pc ' . p, C~berland Coan ' nnsylvama, bounanddescti ty, l~d as follows:. ".~~d.~.~k~o..~..~... Statement of Advertising Costs ~licr 01' Jatlds uau ia [tie ...... now or forraer/ of Gl . ~cS[~le,. Y ~, L To THE PATRIOT-NEWS CO., Dr. , thence alo ~d ' formerl of ng . lands now or ,~,.._Y,=.._ ~c~.,l_/.,a south Hghtv-Six ~ For publishing the notice or publication attached ~,.~.., mcy-s~ (50 ' .. (. 6) ,seco?a Wm fi~) ~noUl~. ?ty.-~.e ;(41) hereto on the above stated dates · ,u, ar~ (52 89 .-. ~ty-~e Probating same alo,, ' ~) feet to an iroa in' S same So.th fi u~ ' P , ~.c. $ 44 8.2 0 six (26) rain,,,-. ~:~L_ ~" (:i?)aeme~ tw=..,. ~ Notary Fee(s) $ -~.,:-?.,y-six (26) .~o.a. iigl. Total mu~-six hunared~ ...... 1.5 0 to an cxisti.~ '""t -' "- .... ('.2.36) feet forraerh of ~'.~'.¢"~, u~.._c.~¢.r, or- lan~ now or $ 4 4 g. 7 0 .......... -"--~:-~ "°'Stm a~,c~ mo, s aid Advertising Cost The Patriot New;' ~o., publisher of ~.~_B.i~~[~_. and circulation, hereby acknowledge receipt of the aforesaid notice anct~, newspapers of genera/ been duly paid. publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA · · $$o COUNTY OF CUMBERLAND · Roger M. Morgenthal, Esquire, Editor of the Cumber/and 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 thc printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of thc said Cumberland Law Journal on thc following dates, viz: 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. Writ No. 2001-2089 Clvll Shlppensburg Township R,.,8,.,~ ,,,x. ~v~orgenthal, ~ditor VS. Actual Holdings SWORN TO AND SUBSCRIBED before me this Atty.:JamesRobtnson ~ .2.6 _dayof OCTOBER 2001 LEGAL DESCRIPTION OF 15, 25, ' 45A, 45B, 45C, 55 and 58 SUNBEAM COURT, SHIPPENSBURG TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 17257 ALL the following described tract of land situate in Shlppensburg Township, Cumberland County, ~ - . · · . Pennsylvania, bounded and de- scribed as follows. r~.o.~a~at~G at a r~arker kalon SHIPPENSBURG TOWNSHIP · IN THE COURT OF COMMON PLEAS Plaintiff ' ~ · CUMBERLAND COUNTY, PENNSYLVANIA · V ' : NO. 2001-2089 · ACTUAL HOLDINGS, i CIVIL ACTION - LAW Defendant 'IN MORTGAGE FORECLOSURE PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please satisfy the above-captioned judgment. Respectfully Submitted, TURO LAW OFFICES I ~--~.¢-c,i . Dat'---~'~~---------- Ja ' Carlisle, PA 1/7013 (717) 245-9688 Attorney for Plaintiff