HomeMy WebLinkAbout02-0373#9429-SF
MARTHA E. VON
MARTHA E. VON
16 SOUTH LANS]
PO BOX 457
LANSDOWNE, PA
Attorney ID #
ROSENSTIEL, ESQUIRE
ROSENSTIEL, P.C.
DOWNE AVENUE
19050
52634
Attorney for Plaintiff
Secretary of Veterans Affairs
Wissahickon Avenue
and Manheim Street
Philadelphia, PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendant(s)
: COURT OF COMMON PLEAS
: Cumberland COUNTY
Case No : DoZ - 373
CIVIL ACTION - MORTGAGE FORECLOSURE
THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE
NOTICE
ADVISO
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 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.
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted
tiene veinte (20) dias de plazo al partir de la fecha de la demanda
y la notificacion. Hace falta a sentar una comparencia escrita o
en persona o con un abogado y entregar a la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de
su persona. Sea a visado que si usted no se defiende, la corte
toma ra medidas y puede continuar la demanda en contra suya sin
previo aviso o notificacion. Ademas, la corte puede decidir a
favor del demandante y requiere que usted cumpla con todas las
provisiones de esta demanda. Usted puede perder dinero o sus
propiedades o otros de rechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO. VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
800-990-9108
MARTHA E. VON ROSENSTIEL, ESQUIRE
MARTHA E. VON ROSENSTIEL, P.C.
16 SOUTH LANSDOWNE AVENUE
PO BOX 457
LANSDOWNE, PA 19050
Attorney ID# 52634
Secretary of Veterans Affairs
Wissahickon Avenue
and Manheim Street
Philadelphia, PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendant(s)
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: Cumberland COUNTY
Case No:
CIVIL ACTION - MORTGAGE FORECLOSURE
THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE
1. Plaintiff is Secretary of Veterans Affairs, a
corporation organized and existing under state law, with offices
for the conduct of business at Wissahickon Avenue and Manheim
Street, Philadelphia, PA 19101.
2. Defendants, Jesse R. Clark are the mortgagors and real
owners of premises 1506 Boiling Springs Road, Boiling Springs,
PA 17007, hereinafter described, whose last known address is
listed in the caption.
3. Plaintiff brings this action in mortgage foreclosure
against defendants, mortgagors and real owners, to foreclose a
certain indenture of mortgage made, executed and delivered by
the above named defendants, mortgagors and real owners to
Mortgage Investors Corp. on March 13, 1998, which mortgage is
recorded in the Office of the Recorder of Deeds of Cumberland
County in Mortgage Book 1442, page 841, secured on premises 1506
Boiling Springs Road, Boiling Springs, PA 17007 a true and
correct description of which is attached hereto as Exhibit I.
4. The mortgage has since been assigned in writing to the
plaintiff, Secretary of Veterans Affairs on January 14, 2002,
which mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County in Miscellaneous Book 683, page 414.
5. Plaintiff alleges each and every term, condition and
covenant in the aforesaid mortgage, and hereby incorporates them
herein by reference thereto.
6. The aforesaid mortgage is in default in that monthly
installments of principal and interest have not been made
conformity with the terms of the mortgage, from June 1, 2001 and
each month thereafter, up to and including the present time.
7. Under the terms of the aforesaid mortgage, upon default
of payments set forth in the mortgage documents, the entire
principal balance and all interest due thereon are collectible
forthwith.
8. The following is an itemized statement of the amount
due plaintiff under the terms of the aforesaid mortgage:
Principal Balance $126,804.02
Interest from 05/01/01 to 01/18/02
At $24.32 per diem $ 6,409.31
Accrued late charges to 0 1/15/02 $ 290.32
Accrued Escrow deficit to 01/15/02 $ 1,277.12
Monthly Inspections from 06/01/01
To 01/01/02 at $15.00 per month $ 105.00
Attorney's Fee $ 6,300.00
Title Information Certificate $ 350.00
Photostats and Postage $ 45.00
Notarizations $ 10.00
TOTAL
$141,590.77
9. Plaintiff sent to defendants, mortgagors and real
owners a combined Notice and Warning of Intention to Foreclose
and Notices of Homeowners' Emergency Mortgage Assistance Act of
1983 advising of rights available under the statutes. To date
payments have not been received and Act 91 assistance has not
been granted although the applicable time periods provided by
statute have expired (Exhibit II).
plaintiff demands judgment for $141,590.77, plus
per diem interest at $24.32 from 01/19/02 to the date of
judgment plus monthly late charges of $36.29 from 02/15/02 to
the date of judgment plus monthly escrow deposits of $159.64
from 02/01/02 to the date of judgment plus monthly inspection
costs of $15.00 from 02/01/02 to the date of judgment and
foreclosure and sale of the mortgaged premises plus costs
thereon.
Martha E. Von Rosenstiel
Attorney for Plaintiff
CHL # 5530900, Our File # 9429
VERIFICATION
I verify that the statements made in the foregoing Complaint
in Mortgage Foreclosure are true and correct.
I understand that false statements herein are made subject
to penalties of 18 Pa C.S. Section 4904 relating to unsworn
falsification to authorities.
By: ?? !t?
Title: ?o/16CLaSueE JpE??a/:5?
Dated:
DESCRIPTION
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a stake in the center of Pennsylvania Traffic Route 174 (the Boiling Springs to
Churchtown Road); thence South eighty-nine degrees fourteen minutes thirty seconds West (S. 890 14'
30" W) along same a distance of one hundred (100.00') feet to a stake; thence North five degrees fifty-
two minutes thirty seconds West (N 05° 52' 30" W) along the Eastern line of lands, now or formerly,
of Lee W. Renshaw and Verla K. Renshaw, husband and wife, a distance of two hundred twenty-six
and fifty-two hundredths (226.52') feet to a stake in the center of Pennsylvania Township Road No.
551; thence North eighty-one degrees seventeen minutes thirty seconds East (N. 810 17' 30" E) along
same a distance of ninety-nine and seventy-two hundredths (99.72') feet to a stake; thence South five
degrees fifty-two minutes thirty seconds East (S 050 52' 30" E) along the western line of lands, now
or formerly, of Lee W. Renshaw and Verle K. Renshaw, husband and wife, a distance of two hundred
forty and forty-seven hundredths (240.47') feet to a stake in the center of Pennsylvania Traffic Route
No. 174, the place of beginning.
CONTAINING approximately .534 acres.
TYE above description is according to a survey by Thomas A. Neff, Registered Surveyor, dated March
5, 1966.
TRACT NO. 2
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Final Minor Subdivision Plan for Robert
C. and Kathryn M. Trostle prepared by Stephen G. Fisher, dated October 17, 1984, a copy of
which was recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, on January 30, 1985, in Plan Book 37, page 31, as follows:
BEGINNING at a P.K. nail set in the original centerline of thirty-three (33') feet wide Township
Road T-551, known as Lutztown Road, at the dividing line between Lots Nos. 1 and 2; thence from
said P.K. nail at the Place of Beginning along said original centerline of thirty-three (33') feet wide
Lutztown Road, North eighty-one degrees seventeen minutes thirty seconds East (N 81° 17' 30" E),
a distance of twenty-five and sixteen hundredths (25.16') feet to a P.K. nail at the Northwestern
corner of said lot described in Deed Book 21 "Z", page 124; thence along the Western line of said
lot described in Deed Book 21 "Z", page 124, South five degrees fifty-two minutes thirty seconds
East (S 050 52' 30" E), a distance of two hundred twenty-six and sixty-two hundredths (226.62')
feet to a P.K. nail set in the original centerline of L.R. 507, known as Pennsylvania Route No. 174;
thence along said original centerline of said Pennsylvania Route No. 174, South eighty-nine degrees
fourteen minutes thirty seconds West (S 890 14' 30" W), a distance of twenty-five (25') feet to a
P.K. nail set at the dividing line between said Lots Nos. 1 and 2; thence along said dividing line
between said Lots Nos. 1 and 2, North five degrees fifty-six minutes six seconds West (N 05156'
06" W), a distance of two hundred twenty-three and fifteen hundredths (223.15') feet to a P.K. nail
set in the original centerline of said Lutztown Road at the place of beginning.
THE ABOVE described tract of land contains a net area of approximately 4246.63 square feet
exclusive of the rights-of-way of Lutztown Road and of Pennsylvania Route No. 174, and is all of
Lot No. 2 as shown on said Final Minor Subdivision Plan for Robert C. and Kathryn M. Trostle
recorded as aforesaid and which lot of ground is conveyed as an addition to the lot of ground
adjoining on the East described in Deed Book 21 "Z", page 124 and shall hereafter be considered a
part of the same and said parts shall be a single lot for purposes of Monroe Township zoning and
subdivision regulations until such times as appropriate government authorities shall determined
otherwise.
SO MUCH of the above described tract of land as lies within twenty-five (25') feet of the original
centerline of Lutztown Road and within thirty (30) feet of the original centerline of Pennsylvania
Route No. 174 has been dedicated as portions of the rights-of-way of said roads as shown on said
Final Minor Subdivision Plan recorded as aforesaid.
Parcel #22-29-2478-002
December 5, 2001
TO: Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the
lender intends to foreclosure. Specific information about the nature of the default is
provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
You may also want to contact an attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
IMMEDITAMENTE LLANIANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S): Jesse R. Clark
PROPERTY ADDRESS: 1506 Boiling Springs Road, Boiling Springs, PA 17007
LOAN ACCOUNT NO: CHL # 5530900
ORIGINAL LENDER:
CURRENT LENDER/SERVICER: COUNTRYWIDE HOME LOANS
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE
PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE
ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE.
-IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
-IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
-IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT"
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names, addresses and
telephone numbers of designated consumer credit counseling agencies for the county in which the
property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature
of your default). If you have tried and are unable to resolve this problem with the lender, you
have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowners
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application to
the Pennsylvania Housing Finance Agency. Your application NIUST be tiled or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
Thev will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on
your property located at 1506 Boiling Springs Road, Boiling Springs, PA 17007
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the
The following months and the following amounts are now past due:
Monthly payments 6/1/01 to 12/1/01
at $641.96 per month $ 4,493.72
Accrued Late Charges to 12/1/01 $ 224.70
Escrow Payment $ 1,117.43
Escrow Balance (- S 625.33 )
TOTAL AMOUNT PAST DUE S5,210.57
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER, WHICH IS $5,210.57, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Pavments must be made either by cash, cashier's check, certified check or
monev order made pavable and sent to: COUNTRYWIDE HOME LOANS. 6400
LEGACY DRIVE, PLANO TX 75024
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights
to accelerate the mortgage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS the lender also intends to instruct its attorneys to start
legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its
attorneys, but you cure the delinquency before the lender begins legal proceedings
against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attorney's fees actually incurred by the lender even if
they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have
not cured the default within the THIRTY (30) DAY period and foreclosure proceedings
have begun, you still have the right to cure the default and prevent the sale at any time up
to one hour before the Sheriff's Sale. You may do so by paying the total amount then
past due plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriff's Sale
as specified in writing by the lender and by performing any other requirements under the
mortgage. Curing your default in the manner set forth in this notice will restore
your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest
date that such a Sheriff s Sale of the mortgaged property could be held would be
approximately 8 months from the date set forth in this Notice. A notice of the actual
date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount
needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: COUNTRYWIDE HOME LOANS
Address: 6400 LEGACY DRIVE, PLANO TX 75024
Phone Number: 972-608-6000
Contact Person: Samantha Burks
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale
will end your ownership of the mortgaged property and your right to occupy
it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to
remove you and your furnishings and other belongings could be started by the
lender at any time.
ASSUMPTION OF MORTGAGE - You _may or XX may not
(CHECK ONE) sell or transfer your home to a buyer or transferee who will
assume the mortgage debt, provided that all the outstanding payments, charges
and attorney" fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
-TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTEHR
LENDING INSTITUTION TO PAY OFF THIS DEBT.
-TO HAVE THIS MORTGAGE DEFAULT CURED BY ANY THIRD
PARTY ACTING ON YOUR BEHALF
-TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS
IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT.
(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR).
-TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY
FORECLOSURE PROCEEDING OR OTHER LAWSUIT INSTITUTED
UNDER THE MORTGAGE DOCUMENTS.
-TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE
TO SUCH ACTION BY THE LENDER.
-TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CCCS of Western Peansylva.nia, Inc.
2000 Lingiestown Road
Harrisburg, PA 11102
(717)' 641-1757
Cuban League of Metropolitan Ha--;zsbu s
IN;. 6th Screet
Harrisburg, PA 17101
(717) 234-5925
FA-Y (717) 234-9459
CT--MBEPj.LN7D COU'YrL
Community Action Comm of the Capital Region
1514 Der-y Street
Fiar-isburg, P.A. 17104
(717) 232-9757
FAUX (717) 234-2227
Financial Cau Selig Ser-rrces of Frank:
31 West 3rd Sleet
Waynesboro, PA 17253
(717) 762-32S5
YWCA of Carlsle
301 G St eet
Carlisle, PA 17 013
(717) 243-3818
F.A.Y (717) 731.9569
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, P-k 17325
(717) 3341518
F.iLv, (717) 334-8325
ru
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Apt. No.; or PO Box No.
1506 Boiling Springs Road
r r61 iniz prinRs,. PA 17007 (9429SF
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Jesse R. Clark
1506 Boiling Springs Roa
Boiling Springs, PA 1700
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#9429-SF
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 02-373 Civil Term
TO THE PROTHONOTARY:
PRAECIPE
Enter judgment in the sum of $143,474.83 in favor of the above named plaintiff and against
the above named defendants for failure to file an answer in the above action in Mortgage
Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages.
I hereby certify that the correct addresses of plaintiff and defendants are as follows:
Plaintiff: Wissahickon Avenue and Manheim Street
Philadelphia, PA 19101
Defendants: 1506 Boiling Springs Road
Boiling Springs, PA 17007
Martha E. Von Rosenstiel
Attorney for Plaintiff
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia, PA 19101
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
: No: 02-373 Civil Term
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly assess damages against the above named defendants as per Civil Action in Mortgage
Foreclosure, as follows:
Total per complaint $141,590.77
Additional interest on unpaid balances
from 01/19/02 to 03/20/02 at $24.37 per diem $ 1,462.20
Additional late charges from 02/15/02
to 03/15/02 at $36.29 per month $ 72.58
Additional escrow deposit 02/10/02 to
03/01/02 at $159.64 per month $ 319.28
Additional monthly inspections from
02/01/02 to 03/01/02 at $15.00 per month $ 30.00
Total assessment $143,474.83
a E. Von Rosenstiel
,, ( Attorney for Plaintiff
AND NOW, to wit, this Ac"'`d'aq-of , 2002, damages are assessed as above.
Pro Prothy ,
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel, Esquire
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Department of Veterans Affairs
Attorney for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
No: Oa - J73- C 1 ?/z- 7-F1eP7
Defendant
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF
Samantha Burks, being duly sworn according to law deposes and says 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended;
That Jesse R. Clark is over 21 years of age and resides at 1506 Boiling
Springs Road, Boiling Springs, PA 17007.
This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn
falsification to authorities.
?
DA, 11.E L -irXA%1
Foreclosure Specialist
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia, PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendant
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 02-373 Civil Term
CERTIFICATION OF SERVICE
MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney
for the plaintiff herein, and that service of the Notice under Rule 237.5 in the above matter was
made on the defendants on February 27, 2002, as evidenced by the attached postal receipts.
This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Martha E. Von Rosenstiel, Esquire
Attorney for Plaintiff
DATED: March 20, 2002
#9429-SF
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel, Esquire
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim
Street
Philadelphia, PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendant
TO: Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: Cumberland COUNTY
Case No: 02-373 Civil Term
• y
Date of Notice: February 27, 2002
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 DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
---aTS. YOU SHOULD TAKE THIS
.S. POSTAL SERVICE CERTIFICATE OF MAILIN Affix fee here in stamps HAVE A LAWYER OR CANNOT
MAY RE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT orlgeter-?o?age and
PROVIDE FOR INSURANCE-POSTMASTER pcon ?SdD Inquire of CNG OFFICE TO FIND OUT
Received FRARTHA E. VON ROSENSTIEL, P.C.
16 S. LANSDOWNE AYE.
P. 0. BOX 457 ?O
1ANSDOWNE, A 19 50
J ???ffw2?'p7' ce0%
One piece of ordinary mail addressed to: L°vL O
Jesse R. Clark L °2G
1506 Boiling Springs Road
Boiling Springs, PA 17007
PS Form 3817, Mar. 1989 PY4Ly-L.i / Notice-sF
Por4gsj(!1 f% current
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PRAECIPE FOR WRIT OF EXECUTION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Secretary of Veterans Affairs
V. NO. 02-373 Civil Term
Jesse R. Clark
Praecipe for Writ of Execution
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
AMOUNT DUE $143,474.83
INTEREST from 03/21/02 to SALE DATE
At $24.37 per diem $
(Costs to be added)
Martha E. Von Rosenstiel
Attorney for Plaintiff
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Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 02-373 Civil Term
CERTIFICATION
I hereby certify that I am the attorney of record for the plaintiff in this action against real
property, and further certify that the property is:
( ) FHA Tenant Occupied or Vacant
( ) Commercial
( ) As a result of a Complaint in Assumpsit
(X) That the plaintiff has complied in all respects with
Section 403 of the Mortgage Assistance Action
Including but not limited to:
(a) Service of the notice on defendants
(b) Expiration of 30 days since service of the Notice
(c) Defendants failure to request or appear at the meeting with
the mortgagee or Consumer Counseling Agency
(d) Defendants failure to file application with the
Homeowners Emergency Assistance Program.
I further agree to indemnify and hold harmless the Sheriff for any false statements given herein.
M a . Von Rosenstiel
Attorney for Plaintiff
Dated: March 20, 2002
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Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
No: 02-373 Civil Term
AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF DELAWARE
SS
MARTHA E. VON ROSENSTIEL, attorney for the 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 1506 Boiling Springs Road, Boiling Springs, PA 17007.
1. Name and address of owners(s) or reputed owner(s)
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
2. Name and address of defendant(s) in the judgment:
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NONE
4. Name and address of the last recorded holder of every mortgage of record:
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 02-373 Civil Term
AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF DELAWARE
MARTHA E. VON ROSENSTIEL, attorney for the 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 1506 Boiling Springs Road, Boiling Springs, PA 17007.
1. Name and address of owners(s) or reputed owner(s)
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
2. Name and address of defendant(s) in the judgment:
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
3. Name and address of everyjudgment creditor whose judgment is a record lien on the real
property to be sold:
NONE
4. Name and address of the last recorded holder of every mortgage of record:
NONE
5. Name and address of every other person who has any record lien on the property:
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:
NONE
7. Name and address of every other person of whom plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Family Court/Domestic Relations Office
One Courthouse Square
Carlisle, PA 17013
Dept. of Public Welfare
Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
MARTHA E. VON ROSENSTIEL, P.C.
ATTORNEY AT LAW
16 SOUTH LANSDOWNE AVENUE
P.O. BOX 457
LANSDOWNE, PA 19050
PHONE(610)623-2660
March 20, 2002
TO: Family Court/Domestic Relations Office
One Courthouse Square
Carlisle, PA 17013
RE: NOTICE OF SALE OF REAL PROPERTY:
1506 Boiling Springs Road Boiling Springs, PA 17007
Amount of Judgment: $143,474.83
Date of Judgment: March 20, 2002
Court Term and Number: Court of Common Pleas of
Cumberland County, Docket# 02-373 Civil Term
Plaintiff: Secretary of Veterans Affairs
Defendants: Jesse R. Clark
Dear Sir/Madam:
FAX(610)623-2745
Please be advised that the property and residential dwelling, located at and known as 1506
Boiling Springs Road Boiling Springs, PA 17007 will be sold by the Sheriff of Cumberland County
on September 4, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House
Square, Carlisle, PA 17013.
This notice is being sent to you because my records indicate that you hold a lien on the
property secondary to the first mortgage, which is being foreclosed.
This property and improvements are being sold pursuant to a judgment entered as indicated
above in favor of the above named plaintiff, and against the above named defendants.
The name of the owners, real owners, and reputed owners of the aforementioned property are Jesse
R. Clark.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no
later than 30 days after said sale, and distribution will be made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule.
You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of
the filing of the schedule.
Sincerely
Martha
MARTHA E. VON ROSENSTIEL, P.C.
ATTORNEY AT LAW
16 SOUTH LANSDOWNE AVENUE
P.O. BOX 457
LANSDOWNE, PA 19050
PHONE(610)623-2660
March 20, 2002
TO: Dept. of Public Welfare
Box 2675
Harrisburg, PA 17105
RE: NOTICE OF SALE OF REAL PROPERTY:
1506 Boiling Springs Road Boiling Springs, PA 17007
Amount of Judgment: $143,474.83
Date of Judgment: March 20, 2002
Court Term and Number: Court of Common Pleas of
Cumberland County, Docket# 02-373 Civil Term
Plaintiff. Secretary of Veterans Affairs
Defendants: Jesse R. Clark
Dear Sir/Madam:
FAX(610)623-2745
Please be advised that the property and residential dwelling, located at and known as 1506
Boiling Springs Road Boiling Springs, PA 17007 will be sold by the Sheriff of Cumberland County
on September 4, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House
Square, Carlisle, PA 17013.
This notice is being sent to you because my records indicate that you hold a lien on the
property secondary to the first mortgage, which is being foreclosed.
This property and improvements are being sold pursuant to a judgment entered as indicated
above in favor of the above named plaintiff, and against the above named defendants.
The name of the owners, real owners, and reputed owners of the aforementioned property are Jesse
R. Clark.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no
later than 30 days after said sale, and distribution will be made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule.
You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of
the filing of the schedule.
Sincerely yours,
Martha E. Von Rosenstiel
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DESCRIPTION
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a stake in the center of Pennsylvania Traffic Route 174 (the Boiling Springs to
Churchtown Road); thence South eighty-nine degrees fourteen minutes thirty seconds West (S. 890 14'
30" W) along same a distance of one hundred (100.00') feet to a stake; thence North five degrees fifty-
two minutes thirty seconds West (N 05° 52' 30" W) along the Eastern line of lands, now or formerly,
of Lee W. Renshaw and Verla K. Renshaw, husband and wife, a distance of two hundred twenty-six
and fifty-two hundredths (226.52') feet to a stake in the center of Pennsylvania Township Road No.
551; thence North eighty-one degrees seventeen minutes thirty seconds East (N. 81° 17' 30" E) along
same a distance of ninety-nine and seventy-two hundredths (99.72') feet to a stake; thence South five
degrees fifty-two minutes thirty seconds East (S 05° 52' 30" E) along the western line of lands, now
or formerly, of Lee W. Renshaw and Verle K. Renshaw, husband and wife, a distance of two hundred
forty and forty-seven hundredths (240.47') feet to a stake in the center of Pennsylvania Traffic Route
No. 174, the place of beginning.
CONTAINING approximately .534 acres.
TYE above description is according to a survey by Thomas A. Neff, Registered Surveyor, dated March
5, 1966.
TRACT NO. 2
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Final Minor Subdivision Plan for Robert
C. and Kathryn M. Trostle prepared by Stephen G. Fisher, dated October 17, 1984, a copy of
which was recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, on January 30, 1985, in Plan Book 37, page 31, as follows:
BEGINNING at a P.K. nail set in the original centerline of thirty-three (33') feet wide Township
Road T-551, known as Lutztown Road, at the dividing line between Lots Nos. 1 and 2; thence from
said P.K. nail at the Place of Beginning along said original centerline of thirty-three (33') feet wide
Lutztown Road, North eighty-one degrees seventeen minutes thirty seconds East (N 81° 17' 30" E),
a distance of twenty-five and sixteen hundredths (25.16') feet to a P.K. nail at the Northwestern
corner of said lot described in Deed Book 21 "Z", page 124; thence along the Western line of said
lot described in Deed Book 21 "Z", page 124, South five degrees fifty-two minutes thirty seconds
East (S 05° 52' 30" E), a distance of two hundred twenty-six and sixty-two hundredths (226.62')
feet to a P.K. nail set in the original centerline of L.R. 507, known as Pennsylvania Route No. 174;
thence along said original centerline of said Pennsylvania Route No. 174, South eighty-nine degrees
fourteen minutes thirty seconds West (S 89° 14' 30" W), a distance of twenty-five (25') feet to a
P.K. nail set at the dividing line between said Lots Nos. 1 and 2; thence along said dividing line
between said Lots Nos. 1 and 2, North five degrees fifty-six minutes six seconds West (N 050 56'
06" W), a distance of two hundred twenty-three and fifteen hundredths (223.15') feet to a P.K. nail
set in the original centerline of said Lutztown Road at the place of beginning.
THE ABOVE described tract of land contains a net area of approximately 4246.63 square feet
exclusive of the rights-of-way of Lutztown Road and of Pennsylvania Route No. 174, and is all of
Lot No. 2 as shown on said Final Minor Subdivision Plan for Robert C. and Kathryn M. Trostle
recorded as aforesaid and which lot of ground is conveyed as an addition to the lot of ground
adjoining on the East described in Deed Book 21 "Z", page 124 and shall hereafter be considered a
part of the same and said parts shall be a single lot for purposes of Monroe Township zoning and
subdivision regulations until such times as appropriate government authorities shall determined
otherwise.
SO MUCH of the above described tract of land as lies within twenty-five (25') feet of the original
centerline of Lutztown Road and within thirty (30) feet of the original centerline of Pennsylvania
Route No. 174 has been dedicated as portions of the rights-of-way of said roads as shown on said
Final Minor Subdivision Plan recorded as aforesaid.
Parcel #22-29-2478-002
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia, PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendant
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
No: 02-373 Civil Term
THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED
WILL
BE USED FOR THAT PURPOSE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Your house and/or real estate at 1506 Boiling Springs Road, Boiling Springs, PA 17007 is
scheduled to be sold at Sheriff's Sale on September 4, 2002 at 10:00 a.m. to enforce the court
judgment of $143,474.83 obtained by Secretary of Veterans Affairs against you.
NOTICE OF OWNERS RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take IMMEDIATE action:
1. The sale will be cancelled if you pay to Secretary of Veterans Affairs the back payments,
late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you
may call 610 623-2660.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may contact an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. 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 610 623-2660.
2. You maybe able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of the property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call 610 623-2660.
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 to be
announced by the Sheriff. This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of
Distribution is posted.
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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4TH FLOOR CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PA 17013
Telephone: 717 240-6200
CLAIM FOR EXEMPTION
To the Sheriff:
I, the above named defendant, claim exemption of property from levy or attachment:
(1) From my real property in my possession which has been levied upon,
(a) I desire that my $300.00 statutory exemption be set-aside in kind (specify
real property to be set-aside in kind):
I request a prompt court hearing to determine the exemption. Notice of the hearing should
be given to me at
(Address) (Telephone Number)
I verify that the statements made in this Claim for Exemption are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unworn falsification to authorities.
Date:
Signature
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
717 240-6391
WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180 to 3183 and Rule 3257
Secretary of Veterans Affairs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Jesse R. Clark
Commonwealth of Pennsylvania:
County of
No. 02-373-Civil Term
No
Term, 20---- E.D.
Term, 20-_ _ -A.D.
WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and
sell the following described property (specifically describe property below):
PREMISES: 1506 Boiling Springs Road
Boiling Springs, PA 17007
Amount Due
Interest from 03/20/02
to Sale Date @ $24.37 per diem
Attorney's fees
Costs
Total
as endorsed.
Dated
(SEAL)
$143,474.83
By:
Prothonotary, Common Pleas Court of
Cumberland County, Penna.
Deputy
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DESCRIPTION
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a stake in the center of Pennsylvania Traffic Route 174 (the Boiling Springs to
Churchtown Road); thence South eighty-nine degrees fourteen minutes thirty seconds West (S. 890 14'
30" W) along same a distance of one hundred (100.00') feet to a stake; thence North five degrees fifty-
two minutes thirty seconds West (N 050 52' 30" W) along the Eastern line of lands, now or formerly,
of Lee W. Renshaw and Verla K. Renshaw, husband and wife, a distance of two hundred twenty-six
and fifty-two hundredths (226.52') feet to a stake in the center of Pennsylvania Township Road No.
551; thence North eighty-one degrees seventeen minutes thirty seconds East (N. 81° 17' 30" E) along
same a distance of ninety-nine and seventy-two hundredths (99.72') feet to a stake; thence South five
degrees fifty-two minutes thirty seconds East (S 05° 52' 30" E) along the western line of lands, now
or formerly, of Lee W. Renshaw and Verle K. Renshaw, husband and wife, a distance of two hundred
forty and forty-seven hundredths (240.47') feet to a stake in the center of Pennsylvania Traffic Route
No. 174, the place of beginning.
CONTAINING approximately .534 acres.
TYE above description is according to a survey by Thomas A. Neff, Registered Surveyor, dated March
5, 1966.
TRACT NO. 2
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Final Minor Subdivision Plan for Robert
C. and Kathryn M. Trostle prepared by Stephen G. Fisher, dated October 17, 1984, a copy of
which was recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, on January 30, 1985, in Plan Book 37, page 31, as follows:
BEGINNING at a P.K. nail set in the original centerline of thirty-three (33') feet wide Township
Road T-551, known as Lutztown Road, at the dividing line between Lots Nos. I and 2; thence from
said P.K. nail at the Place of Beginning along said original centerline of thirty-three (33') feet wide
Lutztown Road, North eighty-one degrees seventeen minutes thirty seconds East (N 81° 17' 30" E),
a distance of twenty-five and sixteen hundredths (25.16') feet to a P.K. nail at the Northwestern
corner of said lot described in Deed Book 21 "Z", page 124; thence along the Western line of said
lot described in Deed Book 21 "Z", page 124, South five degrees fifty-two minutes thirty seconds
East (S 05° 52' 30" E), a distance of two hundred twenty-six and sixty-two hundredths (226.62')
feet to a P.K. nail set in the original centerline of L.R. 507, known as Pennsylvania Route No. 174;
thence along said original centerline of said Pennsylvania Route No. 174, South eighty-nine degrees
fourteen minutes thirty seconds West (S 890 14' 30" W), a distance of twenty-five (25') feet to a
P.K. nail set at the dividing line between said Lots Nos. 1 and 2; thence along said dividing line
between said Lots Nos. 1 and 2, North five degrees fifty-six minutes six seconds West (N 050 56'
06" W), a distance of two hundred twenty-three and fifteen hundredths (223.15') feet to a P.K. nail
set in the original centerline of said Lutztown Road at the place of beginning.
THE ABOVE described tract of land contains a net area of approximately 4246.63 square feet
exclusive of the rights-of-way of Lutztown Road and of Pennsylvania Route No. 174, and is all of
Lot No. 2 as shown on said Final Minor Subdivision Plan for Robert C. and Kathryn M. Trostle
recorded as aforesaid and which lot of ground is conveyed as an addition to the lot of ground
adjoining on the East described in Deed Book 21 "Z", page 124 and shall hereafter be considered a
part of the same and said parts shall be a single lot for purposes of Monroe Township zoning and
subdivision regulations until such times as appropriate government authorities shall determined
otherwise.
SO MUCH of the above described tract of land as lies within twenty-five (25') feet of the original
centerline of Lutztown Road and within thirty (30) feet of the original centerline of Pennsylvania
Route No. 174 has been dedicated as portions of the rights-of-way of said roads as shown on said
Final Minor Subdivision Plan recorded as aforesaid.
Parcel x22-29-2478-002
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Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Attorney for Plaintiff
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
VS.
Jesse R. Clark
No: 02-373 Civil Term
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF DELAWARE
SS
MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby
certifies that service of the Notice under Rule 3129. 1, in the above matter was made on the
defendants via certified mail, return receipt requested and by regular first class mail (unless
otherwise stated) and on all interested parties, set forth below, by regular first class mail, postage
prepaid, as evidenced by the attached certificates of mailing:
1. Name and address of owners(s) or reputed owner(s)
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
2. Name and address of defendant(s) in the judgment:
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
NONE
4. Name and address of the last recorded holder of every mortgage of record:
NONE
5. Name and address of every other person who has any record lien on the property:
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:
Family Court/Domestic Relations Office ?
One Courthouse Square
Carlisle, PA 17013
Dept. of Public Welfare ?
Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Marffa- E. Von Rosenstiel
Attorney for Plaintiff
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1. Article Addressed to
Jesse R Clark
1506 Boiling Springs Road
Boiling'Springs, Pa. 17007
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B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address diMerent from Item 1? ? Yes
If YES, enter delivery address below: ? No
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Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
Plaintiff
vs.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 02-373 Civil Term
SUPPLEMENTAL
AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF DELAWARE
SS
MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby
certifies that service of the Notice under Rule 3129. 1, in the above matter was made on all
interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the
attached certificates of mailing:
1. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Monroe Township Municipal Authority ?
1220 Boiling Springs Road
Mechanicsburg, PA 17055-9794
I verify that the statements made in this affidavit
personal knowledge or information and belief. I unders
subject to the penalties of 18 Pa. C.S. Section 4904 reYat
E. Von Rosenstiel
rtrue and correct to the best of my
that false statements herein are made
to unsworn falsification to authorities.
Attorney for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Secretary of Veteran Affairs is the grantee the same having been sold to said
grantee on the 4th day of December A.D., 2002, under and by virtue of a writ Execution issued on the
22nd day of March, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term,
2002 Number 373, at the suit of Secretary of Veteran Affairsit against Jesse R Clark is duly recorded in
Sheriff's Deed Book No. 255, Page 4353.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this •Z J? day of
A.D.2003
of Deeds
b???
Secretary of Veterans Affairs
VS
Jesse R. Clark
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-373 Civil Term
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on June 15, 2002 at 2:37 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Jesse R. Clark, by making known unto Sandy Nelson, adult in charge,
at 80 Potato Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the
same time handing to her personally the said true and correct copy of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on July 10, 2002 at 1:20 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Jesse R. Clark located at 1506 Boiling Springs Rd., Boiling Springs, Pennsylvania,
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named
defendants to wit: Jesse R. Clark, by regular mail to his last known address of 80 Potato
Road, Apt. #7, Carlisle, PA 17013. This letter was mailed under the date of July 17,
2002 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum
of $1.00 to Attorney Martha E. Von Rosenstiel for Secretary of Veteran Affairs. It being
the highest bid and best price received for the same, Secretary of Veteran Affairs of 5000
Wissahickon Street, Philadelphia, PA 19144, being the buyer in this execution paid
Sheriff R. Thomas Kline the sum of $1,576.47, it being costs.
Sheriffs Costs:
Docketing 30.00
Poundage 30.91
Posting Bills 30.00
Advertising 30.00
Acknowledging Deed 30.00
Auctioneer 20.00
Law Library .50
Prothonotary 1.00
Mileage 19.32
Certified Mail 2.29
do`
30 1 00 ax)'- '.50 U 34S77
Levy 30.00
Surcharge 30.00
Postpone Sale 20.00
Law Journal 711.80
Patriot News 500.95
Share of Bills 25.20
Distribution of
Proceeds 25.00
Sheriffs Deed 39.50
$1576.47
Sworn and Subscribed to Before Me So Answers:
This ZJ '- Day of
R. Thomas Kline, Sheriff
2003, A.D. qV5
ro honotary BY?O?aYlwca`i
Real Estate Deputy
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-00373 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SECRETARY OF VETERANS AFFAIRS
VS
CLARK JESSE R
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
CLARK JESSE R
DEFENDANT
the
, at 0927:00 HOURS, on the 28th day of January , 2002
at 1506 BOILING SPRINGS ROAD
BOILING SPRINGS, PA 17007
JESSE R. CLARK
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
nn
Sworn and Subscribed to before
me this AK day of
ru-r dv)d? A.D.
Pr h notary
So Answers: ??++
R. Thomas Kline
01/29/20
MARTHA V
By:
a
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
Plaintiff
vs.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 02-373 Civil Term
AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF DELAWARE
MARTHA E. VON ROSENSTIEL, attorney for the 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 1506 Boiling Springs Road, Boiling Springs, PA 17007.
1. Name and address of owners(s) or reputed owner(s)
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
2. Name and address of defendant(s) in the judgment:
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NONE
4. Name and address of the last recorded holder of every mortgage of record:
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia PA 19101
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: No: 02-373 Civil Term
AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF DELAWARE
MARTHA E. VON ROSENSTIEL, attorney for the 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 1506 Boiling Springs Road, Boiling Springs, PA 17007.
1. Name and address of owners(s) or reputed owner(s)
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
2. Name and address of defendant(s) in the judgment:
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NONE
4. Name and address of the last recorded holder of every mortgage of record:
NONE
5. Name and address of every other person who has any record lien on the property:
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:
NONE
7. Name and address of every other person of whom plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Family Court/Domestic Relations Office
One Courthouse Square
Carlisle, PA 17013
Dept. of Public Welfare
Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
MarVia E. Von Rosenstiel
Attorney for Plaintiff
MARTHA E. VON ROSENSTIEL, P.C.
ATTORNEY AT LAW
16 SOUTH LANSDOWNE AVENUE
P.O. BOX 457
LANSDOWNE, PA 19050
PHONE(610)623-2660
FAX(610)623-2745
March 20, 2002
TO: Family Court/Domestic Relations Office
One Courthouse Square
Carlisle, PA 17013
RE: NOTICE OF SALE OF REAL PROPERTY:
1506 Boiling Springs Road Boiling Springs, PA 17007
Amount of Judgment: $143,474.83
Date of Judgment: March 20, 2002
Court Term and Number: Court of Common Pleas of
Cumberland County, Docket# 02-373 Civil Term
Plaintiff: Secretary of Veterans Affairs
Defendants: Jesse R. Clark
Dear Sir/Madam:
Please be advised that the property and residential dwelling, located at and known as 1506
Boiling Springs Road Boiling Springs, PA 17007 will be sold by the Sheriff of Cumberland County
on September 4, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House
Square, Carlisle, PA 17013.
This notice is being sent to you because my records indicate that you hold a lien on the
property secondary to the first mortgage, which is being foreclosed.
This property and improvements are being sold pursuant to a judgment entered as indicated
above in favor of the above named plaintiff, and against the above named defendants.
The name of the owners, real owners, and reputed owners of the aforementioned property are Jesse
R. Clark.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no
later than 30 days after said sale, and distribution will be made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule.
You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of
the filing of the schedule.
MARTHA E. VON ROSENSTIEL, P.C.
ATTORNEY AT LAW
16 SOUTH LANSDOWNE AVENUE
P.O. BOX 457
LANSDOWNE, PA 19050
PHONE(610)623-2660
March 20, 2002
TO: Dept. of Public Welfare
Box 2675
Harrisburg, PA 17105
RE: NOTICE OF SALE OF REAL PROPERTY:
1506 Boiling Springs Road Boiling Springs, PA 17007
Amount of Judgment: $143,474.83
Date of Judgment: March 20, 2002
Court Term and Number: Court of Common Pleas of
Cumberland County, Docket# 02-373 Civil Term
Plaintiff: Secretary of Veterans Affairs
Defendants: Jesse R. Clark
Dear Sir/Madam:
FAX(610)623-2745
Please be advised that the property and residential dwelling, located at and known as 1506
Boiling Springs Road Boiling Springs, PA 17007 will be sold by the Sheriff of Cumberland County
on September 4, 2002 at 10:00 a.m. in the Cumberland County Court House, One Court House
Square, Carlisle, PA 17013.
This notice is being sent to you because my records indicate that you hold a lien on the
property secondary to the first mortgage, which is being foreclosed.
This property and improvements are being sold pursuant to a judgment entered as indicated
above in favor of the above named plaintiff, and against the above named defendants.
The name of the owners, real owners, and reputed owners of the aforementioned property are Jesse
R. Clark.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no
later than 30 days after said sale, and distribution will be made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule.
You should check with the Sheriff's Office by calling 717 240-6391 to determine the actual date of
the filing of the schedule.
Sincerely yours,
Martha E. Von Rosenstiel
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
16 South Lansdowne Avenue
Attorney for Plaintiff
P.O. Box 457
Lansdowne, PA 19050
610 623-2660
Attorney I.D.# 52634
Secretary of Veterans Affairs
Wissahickon Avenue and Manheim Street
Philadelphia, PA 19101
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
VS.
Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Defendant
No: 02-373 Civil Term
THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED
WILL
BE USED FOR THAT PURPOSE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Jesse R. Clark
1506 Boiling Springs Road
Boiling Springs, PA 17007
Your house and/or real estate at 1506 Boiling Springs Road, Boiling Springs, PA 17007 is
scheduled to be sold at Sheriff's Sale on September 4, 2002 at 10:00 a.m. to enforce the court
judgment of $143,474.83 obtained by Secretary of Veterans Affairs against you.
NOTICE OF OWNERS 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 Secretary of Veterans Affairs the back payments,
late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you
may call 610 623-2660.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may contact an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. 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 610 623-2660.
2. You maybe able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of the property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call 610 623-2660.
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 to be
announced by the Sheriff. This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of
Distribution is posted.
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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4TH FLOOR CUMBERLAND COUNTY COURT HOUSE
CARLISLE, PA 17013
Telephone: 717 240-6200
CLAIM FOR EXEMPTION
To the Sheriff:
I, the above named defendant, claim exemption of property from levy or attachment:
(1) From my real property in my possession which has been levied upon,
(a) I desire that my $300.00 statutory exemption be set-aside in kind (specify
real property to be set-aside in kind):
I request a prompt court hearing to determine the exemption. Notice of the hearing should
be given to me at
(Address) (Telephone Number)
I verify that the statements made in this Claim for Exemption are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities.
Date:
Signature
THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
717 240-6391
WRIT OF EXECUTION _ (MORTGAGE FORECLOSURE)
P.R.C.P. 3180 to 3183 and Rule 3257
Secretary of Veterans Affairs
vs.
Jesse R. Clark
Commonwealth of Pennsylvania:
County of
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V, 02-373-Civil Term
No.
Term, 20---- E.D.
Term, 20- - _ -A.D.
WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and
sell the following described property (specifically describe property below):
PREMISES: 1506 Boiling Springs Road
Boiling Springs, PA 17007
Amount Due
interest from 03/20/02
to Sale Date @ $24.37 per diem
Attorney's fees
Costs
Total
as endorsed.
Dated
(SEAL)
$143,474.83
C
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By:
Prothonotary, Common Pleas Court of
Cumberland County, Penna.
Deputy
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DESCRIPTION
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in the Township of Monroe, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a stake in the center of Pennsylvania Traffic Route 174 (the Boiling Springs to
Churchtown Road); thence South eighty-nine degrees fourteen minutes thirty seconds West (S. 890 14'
30" W) along same a distance of one hundred (100.00') feet to a stake; thence North five degrees fifty-
two minutes thirty seconds West (N 050 52' 30" W) along the Eastern line of lands, now or formerly,
of Lee W. Renshaw and Verla K. Renshaw, husband and wife, a distance of two hundred twenty-six
and fifty-two hundredths (226.52') feet to a stake in the center of Pennsylvania Township Road No.
551; thence North eighty-one degrees seventeen minutes thirty seconds East (N. 81° 17' 30" E) along
same a distance of ninety-nine and seventy-two hundredths (99.72') feet to a stake; thence South five
degrees fifty-two minutes thirty seconds East (S 050 52' 30" E) along the western line of lands, now
or formerly, of Lee W. Renshaw and Verle K. Renshaw, husband and wife, a distance of two hundred
forty and forty-seven hundredths (240.47') feet to a stake in the center of Pennsylvania Traffic Route
No. 174, the place of beginning.
CONTAINING approximately .534 acres.
TFE above description is according to a survey by Thomas A. Neff, Registered Surveyor, dated March
5, 1966.
TRACT NO. 2
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Final Minor Subdivision Plan for Robert
C. and Kathryn M. Trostle prepared by Stephen G. Fisher, dated October 17, 1984, a copy of
which was recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, on January 30, 1985, in Plan Book 37, page 31, as follows:
BEGINNING at a P.K. nail set in the original centerline of thirty-three (33') feet wide Township
Road T-551, known as Lutztown Road, at the dividing line between Lots Nos. 1 and 2; thence from
said P.K. nail at the Place of Beginning along said original centerline of thirty-three (33') feet wide
Lutztown Road, North eighty-one degrees seventeen minutes thirty seconds East (N 81° 17' 30" E),
a distance of twenty-five and sixteen hundredths (25.16') feet to a P.K. nail at the Northwestern
corner of said lot described in Deed Book 21 "Z", page 124; thence along the Western line of said
lot described in Deed Book 21 "Z", page 124, South five degrees fifty-two minutes thirty seconds
East (S 05° 52' 30" E), a distance of two hundred twenty-six and sixty-two hundredths (226.62')
feet to a P.K. nail set in the original centerline of L.R. 507, known as Pennsylvania Route No. 174;
thence along said original centerline of said Pennsylvania Route No. 174, South eighty-nine degrees
fourteen minutes thirty seconds West (S 89° 14' 30" W), a distance of twenty-five (25') feet to a
P.K. nail set at the dividing line between said Lots Nos. 1 and 2; thence along said dividing line
between said Lots Nos. 1 and 2, North five degrees fifty-six minutes six seconds West (N 050 56'
06" W), a distance of two hundred twenty-three and fifteen hundredths (223.15') feet to a P.K. nail
set in the original centerline of said Lutztown Road at the place of beginning.
THE ABOVE described tract of land contains a net area of approximately 4246.63 square feet
exclusive of the rights-of-way of Lutztown Road and of Pennsylvania Route No. 174, and is all of
Lot No. 2 as shown on said Final Minor Subdivision Plan for Robert C. and Kathryn M. Trostle
recorded as aforesaid and which lot of ground is conveyed as an addition to the lot of ground
adjoining on the East described in Deed Book 21 "Z", page 124 and shall hereafter be considered a
part of the same and said parts shall be a single lot for purposes of Monroe Township zoning and
subdivision regulations until such times as appropriate government authorities shall determined
otherwise.
SO MUCH of the above described tract of land as lies within twenty-five (25') feet of the original
centerline of Lutztown Road and within thirty (30) feet of the original centerline of Pennsylvania
Route No. 174 has been dedicated as portions of the rights-of-way of said roads as shown on said
Final Minor Subdivision Plan recorded as aforesaid.
Parcel #22-29-2478-002
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-373 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SECRETARY OF VETERANS AFFAIRS, Plaintiff (s)
From JESSE R. CLARK, 1506 BOILING SPRINGS ROAD, BOILING SPRINGS, PA 17007
(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 $143,474.83 L.L. $.50
Interest FROM 3/21/02 TO SALE DATE AT $24.37 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $104.14 Other Costs
Plaintiff Paid
Date: MARCH 22, 2002 CURTIS R. LONG
Prothonotary, Civil Division
REQUESTING PARTY:
Name MARTHA E. VON ROSENSTIEL, ESQUIRE
Address: 16 SOUTH LANSDOWNE AVENUE
P.O.BOX 457
LANSDOWNE, PA 19050
Attorney for: PLAINTIFF
Telephone: 610-623-2660
Supreme Court ID No. 52634
Real Estate Sale # 26
On May 13, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
Monroe Township, Cumberland County, PA
known and numbered as 1506 Boiling Springs Road,
Boiling Springs, more fully described on Exhibit "A" tiled
with this writ and by this reference incorporated herein.
Date: May 13, 2002 By: ?i6?
Real Estate Deputy
o?
r?
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenthal, 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 26, AUGUST 2, 9, 2002
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.
R er M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002
LOIS E. SNYDER. Notary Pd*
Caili b Boro, Ctanberlsnd
IN CmaMm Eras ki" 5,
RZAL NOTATE SALE NO. 26
Writ No. 2002-373 Civil
Secretary of Veterans Affairs
VS.
Jesse R. Clark
Atty.: Martha E. Von Rosenstiel
DESCRIPTION
TRACT NO. 1
ALL THAT CERTAIN tract of land
situate in the Township of Monroe,
County of Cumberland and State of
Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a stake in the
center of Pennsylvania Traffic Route
174 (the Boiling Springs to Church-
town Road); thence South eighty-
nine degrees fourteen minutes thirty
seconds West (S. 89° 14' 30" W)
along same a distance of one hun-
dred (100.00') feet to a stake; thence
North five degrees fifty-two minutes
thirty seconds West (N 05° 52' 30"
W) along the Eastern line of lands,
now or formerly of Lee W. Renshaw
and Verla K. Renshaw, husband and
wife, a distance of two hundred
twenty-six and fifty-two hundredths
(226.521 feet to a stake in the cen-
ter of Pennsylvania Township Road
No. 551; thence North eighty-one
degrees seventeen minutes thirty
seconds East (N. 81° 17' 30" E)
along same a distance of ninety-nine
and seventy-two hundredths (99.729
feet to a stake; thence South five
degrees fifty-two minutes thirty sec-
onds East (S 05° 52' 30" E) along
the western line of lands, now or
formerly of Lee W. Renshaw and
Verle K. Renshaw, husband and
wife, a distance of two hundred forty
and forty-seven hundredths (240-
AT) feet to a stake in the center of
Pennsylvania Traffic Route No. 174,
the place of beginning.
CONTAINING approximately.534
acres.
THE above description is accord-
ing to a survey by Thomas A. Neff,
Registered Surveyor, dated March
5, 1966.
TRACT NO. 2
ALL THAT CERTAIN tract of land
situate in Monroe. Township. Cum-
berland County, Pennsylvania,
bounded and described in accor-
dance with Final Minor Subdivision
Plan for Robert C. and Kathryn M.
Trostle prepared by Stephen G.
Fisher, dated October 17, 1984, a
copy of which was recorded in the
Office of the Recorder of Deeds in
and for Cumberland County, Penn-
sylvania, on January 30, 1985, in
Plan Book 37, page 31, as follows:
BEGINNING at a P.K. nail set in
the original centerline of thirty-three
(33') feet wide Township Road
T-551, known as Lutztown Road,
at the dividing line between Lots
Nos. 1 and 2; thence from said P.K.
nail at the Place of Beginning along
said original centerline of thirty-three
(33') feet wide Lutztown Road, North
eighty-one degrees seventeen min-
utes thirty seconds East (N 811 17'
30" E), a distance of twenty-five and
sixteen hundredths (25.16') feet to
a P.K. nail at the Northwestern cor-
ner of said lot described in Deed
Book 21 "Z", page 124; thence along
the Western line of said lot described
in Deed Book 21 "Z". page 124,
South five degrees fifty-two minutes
thirty seconds East (S 05° 52' 30"
I,), a distance of two hundred twen-
ty-six and sixty-two hundredths
(226.62') feet to a P.K. nail set in
the original centerline of L.R. 507,
known as Pennsylvania Route No.
174; thence along said original
centerline of said Pennsvlvania
Route No. 174, South eighty-nine
degrees fourteen minutes thirty see
onds West (S 89° 14' 30" W1, a dis-
tance of twenty-five (25') feet lu a
P.K. nail set at the dividing line oe-
tween said Lots Nos, 1 and 2:
thence along said dividing line be-
tween said Lots Nos. ' and 2. North
five degrees fifty-six minutes six
seconds West (N 05° 56' 06" W). a
distance of two hundred twenty-three
and fifteen hundredths (223.1.5')
feet to a P.K. nail set in the original
centerline of said Lutztown Road at
the place of beginning.
THE ABOVE described tract of
land contains a net area of approxi-
mately 4246.63 square feet exclu
sive of the rights-of-way of Lutztotivn
Road and of Pennsylvania Route No.
174, and is all of Lot No. 2 as shown
an said Final Minor Subdivision Plan
for Robert C. and Kathrvn M. Trostle
recorded as aforesaid and which lot
of ground is conveyed as .in addi
tion to the lot of ground adjoining
on the East described in Deed Book
21 "Z". page 124 and shall hereafter
be considered a part cf the same
and said parts shall be at single lot
for purposes of Monroe Township
zoning and subdivision regulations
until such times as appropriate gov
ernment authorities shall deter
mined otherwise
SO MUCH of the .ii>ove ut
scribed tract of land as ties within
twenty-five (25) feet of the original
centerline of Lutztown Road and
within third,- ;30) feet of the original
centerline of Pennsvlvania Route No.
174 has been dedicated as portions
of the rights-of-way of said roads
as shown on said Final Minor Sub-
division Plan recorded as aforesaid.
Parcel #22-29-2478-002.
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
Frank J. Epler 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 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. 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
SALE#26
A
a
........... ......... ..............................................................
Sworn to and subscribed before me this 14th day of u9u,002 A.D.
(
Notarial Seal
Terry L. Russell, Notary Public
City Of Harrisburg, Dauphin County
MY Commission Expires June 6, 2006
Member, Pennsylvania Association Notar
NO ARY PUBLIC
commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $ 499.20
Probating same Notary Fee(s) $ 1.75
Total $ 500.95
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By ..............................................................
REAL ESTATE SALE No. 26
W PH NW 200473
ClVN T &M
Secretary of WWWrans Affairs
va
Jests R. Clark
Von, IEsI
DESCRIPTION K
TRACT NO. I: ALL THAT CERTAIN tract of
land situate in the Township of Monroe, County
of Cumberland and State of Pennsylvania, more
particularly bounded and desc;ribcd as follows:
BEGINNING at a stakes' in the center of
Pennsylvania Traffic Route 174 (the Boiling
Springs to Churchtown Road); thence South
eighty-nice degrees fourteen minutes thirty
seconds West (S. 89 14' 30'' W) along same a
distance of one hundred (100.00') feet to a stake;
thence North five degrees fifty-two minutes thirty
seconds West (N 05 52' 3W W) along the Eastern
line of lands, now or formerly, of Lee W.
Renshaw and Verla K. Renshaw, husband and
wife, a distance of two hundred twenty-six and
fifty-two hundredths (226.52) feet to a stake in
the center of Pennsylvania Township Road No.
551; thence North eighty-one degrees seventeen
minutes thirty, seconds East (N ISLIT 30" E)
along same a distance of ninety-nine and seventy-
two hundredths (99.72) feet to a stake; thence
South five degrees fifty-two minutes thirty
seconds East (S 05 52'30" E) along the western
line of lands, now or formerly, of Lee W.
Renshaw and Vede K. Renshaw, husband and
wife, a distance of two hundred forty and forty-
seven hundredths (240.47) fact to a stake in the
center of Pennsylvania Traffic Route No. 174, the
place of BEGINNING.
CONTAINING approximately .534 acres.
THE ABOVE description is according to a survey
by Thomas A. Neff, Registered Surveyor, dated
March 5, 1966.
TRACT NO.2: ALL THAT CERTAIN tract of
land situate in Monroe Township, Cumberland
County, Pennsylvania, bounded and described in
accordance with Final Minor Subdivision Plan
for Robert C. and ryn M. Trostle prepared by
Stephen G, FWr.4 Bawd October 17, 1984, It
c" of Wj*? rm aa4arla I * Ak 131iet of fiat
bo"dait of a" is ad for ftetbww
ow J*M*%WA 10 momy 3% Ila; in
"OUST, $w 31, 011490:
$ WR4ING at a P.K. nail set in the 01*tW
ctatefliue of thirty- three (33) feet wide Townrd4
Faml T-551, known as Lutrbowr Road. at the
wwrdmg iuic oetween Lots Nos. i and t, tpe„?x
from said P.K, nail at the Place of Beginning
along said original centerline of thirty-three 03';
feet wide Lutztown -Road, North eighty-one
degrees seventeen minutes thirty seconds East (N
81 17' 30" E), a distance of twenty-five and
sixteen hundredths (25.16) feet to a P.K. nail at
the Northwestern comer of said lot described in
Deed Book 21 7', l1age 124; thence along the
Western line of said lot described in Deed Book
21 "T' page 124, South five degrees fifty-two
minutes thirty seconds East N 05 52' 30" E), a
distance of two hundred twenty-six and sixty-two
hundredths (226.62) feet to'a'P.K. nail set in the
original centerline of L`.R. 507, known as
Pennsylvania Route No. 174; thence along said
original centerline of said Pennsylvania Route No,
174, South eighty-nine degrees fourteen minutes
thirty seconds West (S 89 14' 30" W), a distance
of twenty-five (25) feet to a P.K. nail set at the
dividing line between said Lots No. 1 and 2:
thence along said dividing line between said Lott
Nos. I and 2, North five degrees fifty-six minutes
six seconds West (N 05 56' 06" W), a distance of
two hundred twenty-three and fifteen hundredths
(223.15) feet to a P.K. nail set in the origrnai
centerline of said Lutztown Road at the place of
BEGINNING.
THE ABOVE described tract of land contains
net area of approximately 4246.63 square feet
exclusive of the rights-of-way of Lutztown Road
and of Pennsylvania Route No. 174, and is all m
Lot No.2 as shown on said Final Minor
Subdivision Plan for Robert C. and Kathryn M.
Troste recorded as aforesaid and which lot of
ground is conveyed as an addition to the lot of
ground adjoining on the East described in Deed
Book 21
"Z", page 124 and shall hereafter be considered a
part of the same and said pans shall be a single lot
for purposes of Monroe Township zoning and
subdivision regulations until such times as
appropriate government authorities shall
determine otherwise.
SO MUCH of the above described tract of land as
lies within twenty-five 25) feet to the original
centerline of Lutztown Road and within thirty
(30) feet of the original centerline of Pennsylvania
Route No. 174 has been dedicated as portions of
the fights-of-way of %W roads as abown on said
Final Minor Subdivision Plan recorded as
aforesaid.
Parcel #22-29-24784102.