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HomeMy WebLinkAbout11-9391SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILEU-UF FiCE Sheriff t°' T14E PROTHONOTARY Jody S Smith 2012 JAN -6 AM 6: 4 9 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor -PENNSYLVANIA Orrstown Bank Case Number vs. Timothy A. Moul (et al.) 2011-9391 SHERIFF'S RETURN OF SERVICE 12/28/2011 02:44 PM - William Cline, Corporal, who being duly sworn according to law, states that on December 28, 2011 at 1444 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy A. Moul, by making known unto Eloise Moul, Wife of Defendant at 639 Glendale Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. /,7 s I LIAM CLINE, DEPUTY 12/28/2011 02:44 PM - William Cline, Corporal, who being duly sworn according to law, states that on December 28, 2011 at 1444 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Eloise R. Moul, by making known unto herself personally, at 639 Glendale Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. I LAM CLINE, DEPUTY SHERIFF COST: $50.00 January 03, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF C t;ouui suty S". I T .osofl. L'.c. ORRSTOWN BANK, Plaintiff, vs. IN THE COURT OF COMMON PLEAS OF -r CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION No.: 11-9391 CIVIL TERM -r- ISSUE NUMBER: TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. I Hereby certify that the last known address of Defendant(s) is/are: 639 Glendale ree Carlisle, PA 13 TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Orrstown Bank, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 A. Dietterick, Esquire Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 416.5o PO A` r'? &# tig71 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, VS. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CIVIL DIVISION NO.: 11-9391 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Timothy A. Moul and Eloise R. Moul, in the amount of $161,688.36 which is itemized as follows: Principal $ 153,165.51 Interest through 3/29/2012 $ 5,854.86 Late Charges $ 957.99 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 161,688.36 plus interest on the principal sum ($153,165.51) from March 30, 2012, at the rate of $21.27 per diem, plus additional late charges, and costs (including additional escrow advances), additional ,ged,premises. attorneys' fees and costs and for foreclosure and sale of the mortga JAMES By: A Ell,, Scott A. D' tt Attorney for I" intiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY LLP AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judament were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this 30th day of March, 2012. riq 1? C . :s Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 re IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term VS. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Timothy A. Moul ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 4 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $161,688.36 plus interest on the principal sum ($153,165.51) from March 30, 2012, at the rate of $21.27 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sal of the mortgaged premises. .? T+0++,0, k 0? 44k T , s, +,: ??a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term VS. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Eloise R. Moul ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $161,688.36 plus interest on the principal sum ($153,165.51) from March 30, 2012, at the rate of $21.27 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale the mortgaged premises. Rvfhwo4ari IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CIVIL DIVISION NO.: 11-9391 Civil Term IMPORTANT NOTICE TO: Timothy A. Moul 639 Glendale Street Carlisle, PA 17013 DATE OF NOTICE: March 16, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOT ICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE; YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. A. Timothy A. Moul FECHA DEL AVISO: CIVIL DIVISION NO.: 11-9391 Civil Term AVISO IMPORTANTE March 16, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR TUNO, VAYA O LL. T\4E LA OFICi1NA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES SMITH IETTE CK & CONNELLY LLP DATE: March 16, 2012 BY: Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 cc: Gregory S. Hazlett, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. TO: Eloise R. Moul 639 Glendale Street Carlisle, PA 17013 CIVIL DIVISION NO.: 11-9391 Civil Term IMPORTANT NOTICE DATE OF NOTICE: March 16, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TUTS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CIVIL DIVISION NO.: 11-9391 Civil Term AVISO IMPORTANTE A. Eloise R. Moul FECHA DEL AVISO: March 16, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR TINO, VAYA O LLA?vIE LA OFICP\TA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMESSMIT DIE TERI & CONNELLY LP DATE: March 16, 2012 BY: Sc A. iettenck, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 cc: Gregory S. Hazlett, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Orrstown Bank vs. Timothy A. Moul (et al.) ??y?trttt, tli i?suu#t?r?rf?0 Case Number 2011-9391 SHERIFF'S RETURN! OF SERVICE 12128/2011 02:44 PM - William Cline, Corporal, who being duly sworn according to law, states that on December 28, 2011 at 1444 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Timothy A. Moul, by making known unto Eloise Moul, Wife of Defendant al 639 Glendale Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. LIAM CLINE, DEPUTY 12/28/2011 02:44 PM - William Cline, Corporal, who being duly sworn according to law, states that on December 28, 2011 at 1444 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Eloise R. Moul, by making known unto herself personally, at 639 Glendale Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. I L AM CLINE, DEPUTY SHERIFF COST: $50.00 January 03, 2012 SO ANSWERS, RONl`V R ANDERSON, SHERIFF N ? IN THE COURT OF CCM" PLEAS OF CCPMERL MD aX NI'Y, PEAII nVANIA Orrstown Bank CIVIL DIVISION File No. 11-9391 Civil Term (Plaintiff) : Amount Due $ 161,688.36 V • Interest from 3/30/2012 to ; 3,381.93 date of sale Timothy A. Moul and Eloise R. : At ty' s Com,n Moul (Defendant(s) 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. PRAECIPE FOR 00=0N Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property crfi e. defendant(s) See Exhibit "A" attached. ? r r\) PRAECIPE FOR ATTAMMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s)as real estate of the defendant(s) described in the attached e DATE: March 30, 2012 O a8.50 Pb 4k-n-Y 50.00 CBF b. 6o << 10.50 " a 50 4 184.50 - P6 Am a* 11m 0 a7ZA4ICE (.lar?+??l?cP Signature: Print Name: against Address: James Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Aa.a.5 &)P- -50 LL Supreme Court ID No.: 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, VS. : TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. NO.: 11-9391 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 639 Glendale Street, Carlisle, Pennsylvania 17013: 1. Name and Address of Owner(s) or Reputed Owner(s): TIMOTHY A. MOUL 639 Glendale Street Carlisle, PA 17013 ELOISE R. MOUL 639 Glendale Street Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: TIMOTHY A. MOUL 639 Glendale Street Carlisle, PA 17013 ELOISE R. MOUL 639 Glendale Street Carlisle, PA 17013 .Z. M 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ORRSTOWN BANK Plaintiff 4 5 6. Name and Address of the last record holder of every mortgage of record: ORRSTOWN BANK M&T MORTGAGE CORPORATION Plaintiff 2270 Erin Court Lancaster, PA 17604 and P.O. Box 7628 Lancaster, PA 17604 MANUFACTURERS & TRADERS TRUST CO. One M&T Plaza Buffalo, NY 14240 COMMERCE BANK/HARRISBURG N.A. 100 Senate Avenue Camp Hill, PA 17011 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES & COT DATED:. < 3 ?- BY: Scott A Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CIVIL DIVISION NO.: 11 -93 91 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Timothy A. Moul 639 Glendale Street, Carlisle, PA 17013'- 771 TAKE NOTICE:' That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-9391 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Timothy A. Moul and Eloise R. Moul A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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, South Hanover Street, 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 against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 proper cause. This petition must be filed before the Sheriffs 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 Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DIETV-RICKI' A CONNELLY LLP DATED: BY: Scott AV Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CIVIL DIVISION NO.: 11-9391 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Eloise R Moul =Fri d , . 639 Glendale Street 1 Carlisle, PA 17013 TAKE NOTICE: That the Sheriff s Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11 -93 91 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Timothy A. Moul and Eloise R. Moul A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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, South Hanover Street, 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 against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 proper cause. This petition must be filed before the Sheriffs 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 Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, S DATED: S- -o- I X BY: & CONNELLY LLP ck, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Pa. I.D. #55650 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul. His Wife. Parcel No. 04-22-0481-034 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-9391 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From TIMOTHY A. MOUL and ELOISE R MOUL (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: $161,688.36 L. L.: $.50 Interest from 3/30/12 to date of sale -- $3,381.93 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $189.50 Other Costs: Plaintiff Paid: Date: 4/2/12 bl ? a" David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY, LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Ted ~._,, _~ E:..~ ~; ~~~ ~ - _«. r`3 TIMOTHY A. MOUL and =~_=~~ °'= ELOISE R. MOUL n ~~ "' 7 ,,lam r° . ~ ~~ Defendants. -~' ~~ = - ." MOTION TO CONTINUE SHERIFF'S SALE WITH DEFENDANT'S CONS,~N~ AND NOW, comes the Movant Orrstown Bank, by and through its attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Motion to Continue Sheriff s Sale as follows: Plaintiff obtained a default judgment in mortgage foreclosure against the Defendants Timothy A. Moul and Eloise R. Moul ("Defendants") at the above-captioned term and number ("Judgment"). 2. Pursuant to said Judgment, the Plaintiff caused the Defendants' property subject to the Judgment, which property is more specifically described in the Mortgage attached to 4_ `r- ~e: °`j r..~ " Plaintiff s Complaint ("Premises"), to be scheduled for sale by the Sheriff on September 5, 2012. 3. Movant thereafter continued the Sheriff's Sale from September 5, 2012 to December 5, 2012. 4. Plaintiff wishes to continue the sale again to March 6, 2013, due to the fact Plaintiff is allowing Defendants additional time to sell the Premises and pay-off Plaintiff, however, since the continuance would be more than 130 days from the original sale date, Plaintiff needs an Order of Court allowing it to do so. 5. Pursuant to Pa.R.C.P. 3129.3(a), new notice is required to be given as required by Pa.R.C.P. 3129.2(a), if the sale of real property is stayed, continued, postponed or adjourned, "except as provided in subdivision (b) or by special Order of the Court." 6. No parties-in-interest will be prejudiced by this continuance, as the Sheriff will announce the continued sheriff sale date pending Court Order at the December 5, 2012 Sheriff's Sale. 7. Consequently, Plaintiff requests the sheriff sale scheduled for December 5, 2012 be continued pursuant to Pa.R.C.P. 3129.3(a) to March 6, 2013, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders and other parties of interest be waived. 8. Counsel for Defendants concurs with this Motion to Continue Sale. WHEREFORE, Plaintiff requests this Honorable Court to enter a special Order of Court pursuant to Pa.R.C.P. 3129.3(a) continuing the sheriff sale for December 5, 2012 to March 6, 2013, and dispense with the requirement that advertisement be made and a new notice be provided to Defendants, lienholders or other parties of interest. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: November 27, 2012 By: Scott A. Dietterick, Esquire PAID #55650 Kimberly A. Bonner, Esquire PAID #89705 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, : Plaintiff, : vs. TIMOTHY A. MOUL and ELOISE R. MOUL, : Defendants. : CIVIL DIVISION NO.: 11-9391 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Continue Sheriff s Sale was served on the following this 27~' day of November, 2012 via First Class U. S. Mail, Postage Pre-paid and via email: Sheriff of Cumberland County ATTN: Real Estate Department CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 Greg Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 Timothy A. Moul and Eloise R. Moul 639 Glendale Street Carlisle, Pennsylvania 17013 JAMES S IT DIE ERICK & CONNELLY By: Scott A. Dietterick, Esquire Attorney I.D.#55650 Kimberly A. Bonner, Esquire Attorney I.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term vs. - L TIMOTHY A. MOUL and _ `-; ELOISE R. MOUL, `� ' co CD Defendants. >L ' ` =CD 5 MOTION TO CONTINUE SHERIFF'S SALE WITH DEFENDANT'S CONSIUNTc-� AND NOW, comes the Movant Orrstown Bank,by and through its attorneys, James, Smith, Dietterick& Connelly, LLP, and files this Motion to Continue Sheriff's Sale as follows: 1. Plaintiff obtained a default judgment in mortgage foreclosure against the Defendants Timothy A. Moul and Eloise R. Moul ("Defendants") at the above-captioned term and number("Judgment"). 2. Pursuant to said Judgment, the Plaintiff caused the Defendants' property subject to the Judgment, which property is more specifically described in the Mortgage attached to Plaintiff's Complaint("Premises"), to be scheduled for sale by the Sheriff on September 5, 2012. 3. Movant thereafter continued the Sheriff's Sale from September 5, 2012 to December 5, 2012. 4. Movant thereafter continued the Sheriff's Sale from December 5, 2012 to March 6, 2013 per Order of Court. 5. Movant thereafter continued the Sheriff's Sale from March 6, 2013 to April 3, 2013, per Order of Court. 6. Plaintiff wishes to continue the sale again to June 5, 2013, due to the fact Plaintiff is allowing Defendants additional time to sell the Premises and pay-off Plaintiff,however, since the continuance would be more than 130 days from the original sale date, Plaintiff needs an Order of Court allowing it to do so. 7. Pursuant to Pa.R.C.P. 3129.3(a),new notice is required to be given as required by Pa.R.C.P. 3129.2(a), if the sale of real property is stayed, continued,postponed or adjourned, "except as provided in subdivision(b) or by special Order of the Court." 8. No parties-in-interest will be prejudiced by this continuance, as the Sheriff will announce the continued sheriff sale date pending Court Order at the April 3, 2013 Sheriff's Sale. 9. Consequently, Plaintiff requests the sheriff sale scheduled for March 6, 2013 be continued pursuant to Pa.R.C.P. 3129.3(a)to April 3, 2013, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders and other parties of interest be waived. 10. Counsel for Defendants concurs with this Motion to Continue Sale. WHEREFORE, Plaintiff requests this Honorable Court to enter a special Order of Court pursuant to Pa.R.C.P. 3129.3(a) continuing the sheriff sale for April 3, 2013 to June 5, 2013 and dispense with the requirement that advertisement be made and a new notice be provided to Defendants, lienholders or other parties of interest. JAMES, SMITH, DIETTERICK NNELLY LLP Dated: March 27, 2013 By: Kimberly A. Bonner, Esquire PA ID #89705 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term VS. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Continue Sheriff s Sale was served on the following this 27th day of March, 2013 via First Class U. S. Mail, Postage Pre-paid and via email: Sheriff of Cumberland County ATTN: Real Estate Department CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 Greg Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 Timothy A. Moul and Eloise R. Moul 639 Glendale Street Carlisle, Pennsylvania 17013 JAMES SMITH DIETT IC CONNELLY By: Scott A. Dietterick, Esquire Attorney I.D.#55650 Kimberly A. Bonner, Esquire Attorney I.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term VS. : TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. ORDER OF COURT AND NOW, this day of L— , 20 the Motion to A9VA � Continue Sheriff Sale by Orrstown Bank, and Defendants'Aconsent thereto, it is hereby ORDERED, ADJUDGED and DECREED that the sheriff sale scheduled for April 3, 2013 is continued to June 5, 2013, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders or other parties in interest under Pa.R.C.P. 3129.2 is hereby waived. BY THE O T: J. Thomas AF Placey Common Pleas Judge /✓ rSlte C'7 r , _ rq M °v N 3 r 4�i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION rZ� nrl-,11 -1. C= Plaintiff, NO.: 11-9391 Civil Tq* M VS. r rn TIMOTHY A. MOUL and ELOISE R. MOUL, =C) Defendants. MOTION TO CONTINUE SHERIFF'S SALE WITH DEFENDANTS' CONSENT AND NOW, comes the Movant Orrstown Bank,by and through its attorneys, James, Smith,Dietterick& Connelly, LLP, and files this Motion to Continue Sheriff s Sale as follows: I. Plaintiff obtained a default judgment in mortgage foreclosure against the Defendants Timothy A. Moul and Eloise R. Moul ("Defendants")at the above-captioned term and number("Judgment"). 2. Pursuant to said Judgment,the Plaintiff caused the Defendants' property subject to the Judgment,which property is more specifically described in the Mortgage attached to Plaintiff s Complaint("Premises"),to be scheduled for sale by the Sheriff on September 5, 2012. 3. Movant thereafter continued the Sheriff s Sale from September 5,2012 to December 5, 2012. 4. Movant thereafter continued the Sheriff's Sale from December 5, 2012 to March 6, 2013 per Order of Court. 5. Movant thereafter continued the Sheriff s Sale from March 6, 2013 to April 3, 2013,per Order of.Court. 6. Movant thereafter continued the Sheriff's Sale from April 3,2013 to June 5, 2013, per Order of Court. 7. Plaintiff wishes to continue the sale again to September 4, 2013, due to the fact Plaintiff is allowing Defendants additional time to sell the Premises and pay-off Plaintiff, however, since the continuance would be more than 130 days from the original sale date, Plaintiff needs an Order of Court allowing it to do so. 8. Pursuant to Pa.R.C.P. 3129.3(a),new notice is required to be given as required by Pa.R.C.P. 3129.2(a), if the sale of real property is stayed, continued,postponed or adjourned, "except as provided in subdivision(b) or by special Order of the Court." 9. No parties-in-interest will be prejudiced by this continuance, as the Sheriff will announce the continued sheriff sale date pending Court Order at the June 5,2013 Sheriff s Sale. 10. Consequently, Plaintiff requests the sheriff sale scheduled for June 5,2013 be continued pursuant to Pa.R.C.P. 3129.3(a) to September 4,2013, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders and other parties of interest be waived. 11. Counsel for Defendants concurs with this Motion to Continue Sale. s , WHEREFORE, Plaintiff requests this Honorable Court to enter a special Order of Court pursuant to Pa.R.C.P. 3129.3(a) continuing the sheriff sale for June 5, 2013 to September 4, 2013 and dispense with the requirement that advertisement be made and a new notice be provided to Defendants, lienholders or other parties of interest. JAMES, SMITH, DIETTERICK& CONN Y LLP Dated: May 23, 2013 By: Kimberly A. Bonner, Esquire PA ID #89705 Attorney for Plaintiff P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term VS. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Continue Sheriff's Sale was served on the following this 23rd day of May, 2013 via First Class U. S. Mail, Postage Pre-paid and via email: Sheriff of Cumberland County ATTN: Real Estate Department CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 Greg Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 Timothy A. Moul and Eloise R. Moul 639 Glendale Street Carlisle, Pennsylvania 17013 JAMES TH IETTERICK& CONNELLY By: Scott A. Dietterick, Esquire Attorney I.D.#55650 Kimberly A. Bonner, Esquire Attorney I.D. #89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 lD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term VS. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. ORDER OF COURT AND NOW, this?A day of , 2013, the Motion to Continue Sheriff Sale by Orrstown Bank, and Defendants' consent thereto, it is hereby ORDERED, ADJUDGED and DECREED that the sheriff sale scheduled for June 5, 2013 is continued to September 4, 2013, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders or other parties in interest under Pa.R.C.P. 3129.2 is hereby waived. BY T COURT: J. Thomas A. Pia d Common Pleas ] 9 e �-I- -` K• �7dIV/J� �t.�3 � �t„�. � � _ 5�24�/3 = �, -W. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION `; Plaintiff, NO.: 11-9391 Civil xW 2: G5 z; VS. -<> rra c a TIMOTHY A. MOUL and a 220 ELOISE R. MOUL, M7 = Defendants. Lsa MOTION TO CONTINUE SHERIFF'S SALE WITH DEFENDANTS' CONSENT AND NOW, comes the Movant Orrstown Bank,by and through its attorneys, James, Smith, Dietterick& Connelly, LLP, and files this Motion to Continue Sheriff's Sale as follows: 1. Plaintiff obtained a default judgment in mortgage foreclosure against the Defendants Timothy A. Moul and Eloise R. Moul ("Defendants") at the above-captioned term and number("Judgment"). 2. Pursuant to said Judgment, the Plaintiff caused the Defendants' property subject to the Judgment, which property is more specifically described in the Mortgage attached to Plaintiff s Complaint("Premises"),to be scheduled for sale by the Sheriff on September 5, 2012. 3. Movant thereafter continued the Sheriff's Sale from September 5, 2012 to December 5, 2012. 4. Movant thereafter continued the Sheriff's Sale from December 5, 2012 to March 6, 2013 per Order of Court. 5. Movant thereafter continued the Sheriff's Sale from March 6, 2013 to April 3, 2013,per Order of Court. 6. Movant thereafter continued the Sheriff's Sale from April 3, 2013 to June 5, 2013, per Order of Court. 7. Movant thereafter continued the Sheriff s Sale from June 5,2013 to September 4, 2013,per Order of Court. 8. Plaintiff wishes to continue the sale again to October 2, 2013, due to the fact Plaintiff is allowing Defendants additional time to sell the Premises and pay-off Plaintiff, however, since the continuance would be more than 130 days from the original sale date, Plaintiff needs an Order of Court allowing it to do so. 9. Pursuant to Pa.R.C.P. 3129.3(a),new notice is required to be given as required by Pa.R.C.P. 3129.2(a), if the sale of real property is stayed, continued,postponed or adjourned, "except as provided in subdivision(b) or by special Order of the Court." 10. No parties-in-interest will be prejudiced by this continuance, as the Sheriff will announce the continued sheriff sale date pending Court Order at the September 4,2013 Sheriff's Sale. 11. Consequently,Plaintiff requests the sheriff sale scheduled for September 4, 2013 be continued pursuant to Pa.R.C.P. 3129.3(a) to October 2,2013, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders and other parties of interest be waived. 12. Counsel for Defendants concurs with this Motion to Continue Sale. WHEREFORE, Plaintiff requests this Honorable Court to enter a special Order of Court pursuant to Pa.R.C.P. 3129.3(a) continuing the sheriff sale for September 4, 2013 to October 2, 2013 and dispense with the requirement that advertisement be made and a new notice be provided to Defendants, lienholders or other parties of interest. JAMES, SMITH, D T I & CONNELLY LL' Dated: August 20, 2013 By: Scott A. i squire PA ID #55650 Attorney for Plaintiff P.O. Box 650 i Hershey, PA 17033 (717) 533-3280 r + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Term VS. : TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Continue Sheriff's Sale was served on the following this 20a'day of August, 2013 via First Class U. S. Mail, Postage Pre-paid and via email: Sheriff of Cumberland County ATTN: Real Estate Department CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 Greg Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 Timothy A. Moul and Eloise R. Moul 639 Glendale Street Carlisle, Pennsylvania 17013 JAMES SMIT IETT I K&CONNELLY By: S tt . ietterick, sq re orney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: 11-9391 Civil Tenn VS. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. ORDER OF COURT AND NOW,this day of 2013.the Motion to Continue Sheriff Sale by Orrstown Bank, and Defendants' consent thereto, it is hereby ORDERED, ADJUDGED and DECREED that the sheriff sale scheduled for September 4, 2013 is continued to October 2,2013, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders or other parties in interest under Pa.R.C.P. 3129.2 is hereby waived. BY THE �,C�RT: 01-ACC4 C- a> M C. IF .;:o Z 5 r— CA =CD CD IN THE COURT OF COMMON PLEAS OF rJ -pi CUMBERLAND COUNTY, PENNSYLVANIA -c-r rn w cn :,..:= ORRSTOWN BANK, • CIVIL DIVISION r— �..) ^? ° r Plaintiff, NO 11-9391 CIVIL TERM 'CD - 5-i • ISSUE NO.: w .'vs. •r.^ t TIMOTHY A. MOUL and • TYPE OF PLEADING: • ELOISE R. MOUL, Defendants. • Pa.R.C.P.RULE 3129.2(C) • AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND • OTHER PARTIES OF INTEREST • CODE: • FILED ON BEHALF OF: • Orrstown Bank, Plaintiff • • COUNSEL OF RECORD FOR THIS PARTY: • • • Scott A. Dietterick, Esquire • Pa. I.D. #55650 • Kathryn L. Mason, Esquire • Pa. I.D. #306779 • JAMES, SMITH, DIETTERICK& • CONNELLY LLP • P.O. Box 650 • Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, : CIVIL DIVISION Plaintiff, • NO.: 11-9391 Civil Term vs. • TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. Pa.R.C.P. RULE 3129.2(c)AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Orrstown Bank, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Timothy A. Moul and Eloise R. Moul, are the record owners of the real property. 2. On or about June 23, 2012, Defendants, Timothy A. Moul and Eloise R. Moul, were served with Plaintiffs Notice of Sheriff's Sale of Real Property Pursuant to Pa.R.C.P. 3129, via certified mail, return receipt requested, at the address of the mortgaged premises,being 639 Glendale Street, Carlisle, Pennsylvania 17013. True and correct copies of said Notices and certified mail receipts are marked Exhibit"A", attached hereto and made a part hereof. 3. On or about June 22, 2012,Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit `B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, SMIT , iI ► 'III &CONNELLY LLP \f/ Dated: q,J9- 13 BY: All._ _.....aliii., S . t A`I ietterick, Esquire 'a. I.D. #55650 Kathryn L. Mason, Esquire Pa. I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff Sworn to and subscribed before me this 24th day of September, 2013. Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO,DAUPHIN COUNTY My Commission Expires Feb 2,2017 EXHIBIT "A" U.S. Postal Service,,,, Er CERTIFIED MAILTL RECEIPT U.S. Postal Service N (Domestic Mail Only;No Insurance Coverage Provided) Iv CERTIFIED MAIL, RECEIPT in For delivery information visit our website at www.usps.com., rn (Domestic Mail Only;No Insurance Coverage Provided) ' {,twr I ) For delivery information visit our website at www.usps.com 9 ..-p -Ct....3, t .�, A. .J3 L, �t 1 r.- Arl....i N Postage $ i LI • 4 (L1 C, ` r 3 Certified Fee / r.. / L \ Postage $ i , r \` 4 ! 1 (Pol;Illta. V r (���•J ► O Return Receipt Fee i r-i Certified Fee Ci ` i iJ 7 p (Endorsement Required) ° C„, Here WO 4., C3 J 1 P�ih,ark i A Y' 46 Restricted Delive Fee O Return Receipt Fee • 3S Hi, V (Endorsement Required) - s p (Endorsement Required) `O i r3 — Restricted Delivery Fee l r3 • 0 (Endorsement Required) , 0 Total Postage&Fees $ .5 I i ant o ^n� p p Total Postage&Fees $ 1 3 f r-1 f/ , l 1 1;39 :iee Nyx - ` • O o�Nolte ' a . \.4 PS Form 3800.August 2006 See Reverse for Instructions Will � � � ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION • Plaintiff, • NO.: 11-9391 Civil Term vs. • • • TIMOTHY A. MOUL and ELOISE R. MOUL, • • Defendants. • NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Timothy A. Moul 639 Glendale Street Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property(Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-9391 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Timothy A. Moul and Eloise R. Moul A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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, South Hanover Street, 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 against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 proper cause. This petition must be filed before the Sheriffs 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 Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013,before presentation of the petition to the Court. JAMES, SMITH, DIE � RIC A CONNELLY LLP viiirawri DATED: 3 ' BY: � 1� Scott • i Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION • Plaintiff, •: NO.: 11-9391 Civil Term vs. • • TIMOTHY A. MOUL and ELOISE R. MOUL, • Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Eloise R. Moul 639 Glendale Street Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 11-9391 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Timothy A. Moul and Eloise R. Moul A SCHEDULE OF DISTRIBUTION,being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff 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, South Hanover Street, 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 against you. It may cause your property to be held,to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 proper cause. This petition must be filed before the Sheriffs 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 Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, l')IE ' 'RIC' & CONNELLY LLP 1 DATED: . ��(�'I BY: AtLP' Scotttterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717)533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet;thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" EXHIBIT "B" ...B . ..Do 71 -n -4-4 fa ii UNITED STATES a POSTAL SIMOICE• 1,1 - I t gis --Q- 0° . •e--, 7, Certificate Of Mailin VI C,ii to 2 NI Se for 111811111 Fkl • V IQ 47 I t iC X JAMES,SMITH,DIETTERICK& Co 0 - : CONNELLY LLP - Z, t n-r, 6, 4 ATTN: CHRISTINE SPURLOCK & P.O.BOX 650 i .. .' g ,$) HERSHEY,PA 17033 ----, .„,- , c t •,,, 2,,,i.,,I, . -.., P ■=ii ! A 4 cn I lir ,.,..< ,...,ti:f 4 t.m,50 ; • T.: -1-- tin.t_ A- coc . ,-,'-§):4---,...„ ‘,/\ 1 z ; ' LW' .-1. 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DO I •• • • •1 aevisoct sri z ir,OZ/ZZ/90 JaiseH UNITED STATES •: " N o a P057aLSERVICEo Certificate Of Mailing Thin,...,..,_. ._ - Se for mailing - No N 'Thii • 0 N 'R Fro JAMES,SMITH,DIETTERICK& N CONNELLY LLP ATTN: CHRISTINE SPURLOCK P.O.BOX 650 t HERSHEY,PA 17033 0 , . ,x5,4 1 ro:.r) 0 A of `A)L-t "lu_ 4 j _, A aha-1(i-a�t`� �lj^ � . .1 IV] . .etito °'�r ° 4r • =ME ('ij�,,A, - -P-c_.__ orfv 17,April 2007 P '7530-02-000-9065 DLQ U, s UNITED STATES �/ SERVICE. Certificate Of Mailing �� - Thisfor for mailing • e N t ;� R From_ JAMES,SMITH,DIETTERICK& _ r F _. CONNELLY LLP . .1. r. - ATTN: CHRISTINE SPURLOCK — P.O.BOX 650 _ ' - HERSHEY,PA 17033 ' P. b, `6kacid ��� �-c c, bvf P I lt�S r w mo3817,April 2007 PSN 7530-02-000-9065 UNITED STATES i o > LSERVICE. Certificate Of Mailing IV u+ Flu °S®for mailing F 1► N 4 Tr 111FI Fr JAMES,SMITH,DIETTERICK& jr*r+ ° CONNELLY LLP 'i N ATTN: CHRISTINE SPURLOCK . 1 P.O.BOX 650 HERSHEY,PA 17033 :r.,.4 1 t rnbtc- w .! . LOC*lu '� o0S� e- ,RS or Form X817,Apn 0� P N '0-02-00� i 65 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION • Plaintiff, • NO.: 11-9391 Civil Term • vs. • TIMOTHY A. MOUL and • • ELOISE R. MOUL, • Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: M&T Mortgage Corporation 2270 Erin Court Lancaster, PA 17604 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the • CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX. NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK& f CONNELL LLP Dated: 6/22/2012 By: ��u111 Sco /�D�. •' , Esquire PA ID #556 Attorney for�`' intiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION • Plaintiff, : NO.: 11-9391 Civil Term vs. . • TIMOTHY A. MOUL and . ELOISE R. MOUL, . • Defendants. . NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: M&T Mortgage Corporation P.O. Box 7628 Lancaster, PA 17604 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX. NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIE TERICK& CONNELLY LL ' I \I. Dated: 6/22/2012 By: Scott A. Diet , ire PAID #55e 0 Attorney for Phi iff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION Plaintiff, : NO.: 11-9391 Civil Term vs. • • TIMOTHY A. MOUL and • ELOISE R. MOUL, Defendants. • NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Manufacturers &Traders Trust Co. One M&T Plaza Buffalo, NY 14240 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). • The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX. NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK& CONNELLY LLP 7 ,,,t i� Dated: 6/22/2012 By: Las Scott Diett�� k, E'� ire PA ID #556G� Attorney for.'laintif P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION Plaintiff, : NO.: 11-9391 Civil Term • vs. • TIMOTHY A. MOUL and • ELOISE R. MOUL, • • Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Commerce Bank/Harrisburg,N.A. 100 Senate Avenue Camp Hill, PA 17011 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX. NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DI TERICK& CONNELLY LLP Dated: 6/22/2012 By: Scott Die - c , Esquire PAID #556 Attorney for Pl. ntff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 • LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, : CIVIL DIVISION Plaintiff, • NO.: 11-9391 Civil Term vs. • • TIMOTHY A. MOUL and • ELOISE R. MOUL, • • Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX.NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, I rl, TERICK& CONNELLY LLP Dated: 6/22/2012 By: 10/�� Scott A. Dietteric.1, , i e PA ID #55650 Attorney for Plain ff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife,by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, : CIVIL DIVISION • Plaintiff, • NO.: 11-9391 Civil Term vs. • • TIMOTHY A. MOUL and • ELOISE R. MOUL, • • Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Department of Revenue PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX.NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DI !ERICK & CONNELLY L IP Dated: 6/22/2012 By: �/1110101 Scott A. D'e f ric • ire PA ID #556;I Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, : CIVIL DIVISION • Plaintiff, • NO.: 11-9391 Civil Term vs. • • TIMOTHY A. MOUL and • ELOISE R. MOUL, • • Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX. NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DI A ERICK& CONNELLY _ 4 Dated: 6/22/2012 By: i Scott A D 1,rVEs. ire PA ID •' • Attorney for Plkntiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife,by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION • Plaintiff, • NO.: 11-9391 Civil Term vs. • TIMOTHY A. MOUL and • ELOISE R. MOUL, • Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 5, 2012 at 10:00 a.m., the following described real estate which Timothy A. Moul and Eloise R. Moul are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 639 Glendale Street Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ORRSTOWN BANK, Plaintiff, vs. TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. at EX. NO. 11-9391 Civil Term in the amount of$161,688.36, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMIT 1 IETTERICK& CONNELLY 'P i' Dated: 6/22/2012 By: Ill Scott A. D'ett:.Ir• , D.• ire PA ID #55650 G • Attorney for ' aintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heatherlands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C of Heatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Section C of Heatherlands. HAVING thereon erected a dwelling house being known and numbered as 639 Glendale Street, Carlisle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28-L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04-22-0481-034 Exhibit "A" r ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION Plaintiff, NO 11-9391 Civfrm vs. • -,.. -o • 1 . TIMOTHY A. MOUL and • ELOISE R. MOUL, c • , Defendants. MOTION TO CONTINUE SHERIFF'S SALE WITH DEFENDANTS' CONSENT AND NOW, comes the Movant Orrstown Bank, by and through its attorneys, James, Smith, Dietterick& Connelly, LLP, and files this Motion to Continue Sheriffs Sale as follows: 1. Plaintiff obtained a default judgment in mortgage foreclosure against the Defendants Timothy A. Moul and Eloise R. Moul ("Defendants") at the above-captioned term and number("Judgment"). 2. Pursuant to said Judgment,the Plaintiff caused the Defendants' property subject to the Judgment, which property is more specifically described in the Mortgage attached to Plaintiffs Complaint("Premises"), to be scheduled for sale by the Sheriff on September 5, 2012. 3. Movant thereafter continued the Sheriffs Sale from September 5, 2012 to December 5, 2012. 4. Movant thereafter continued the Sheriffs Sale from December 5, 2012 to March 6, 2013 per Order of Court. 5. Movant thereafter continued the Sheriffs Sale from March 6, 2013 to April 3, 2013,per Order of Court. 6. Movant thereafter continued the Sheriffs Sale from April 3, 2013 to June 5, 2013, per Order of Court. r 7. Movant thereafter continued the Sheriff's Sale from June 5, 2013 to September 4, 2013, per Order of Court. 8. Movant thereafter continued the Sheriff's Sale from September 4, 2013 to October 2, 2013, per Order of Court. 9. Plaintiff wishes to continue the sale again to March 5, 2014, due to the fact Plaintiff is allowing Defendants additional time to sell the Premises and pay-off Plaintiff, however, since the continuance would be more than 130 days from the original sale date, Plaintiff needs an Order of Court allowing it to do so. 10. Pursuant to Pa.R.C.P. 3129.3(a), new notice is required to be given as required by Pa.R.C.P. 3129.2(a), if the sale of real property is stayed, continued, postponed or adjourned, "except as provided in subdivision(b) or by special Order of the Court." 11. No parties-in-interest will be prejudiced by this continuance, as the Sheriff will announce the continued sheriff sale date pending Court Order at the October 2, 2013 Sheriff's Sale. 12. Consequently, Plaintiff requests the sheriff sale scheduled for October 2, 2013 be continued pursuant to Pa.R.C.P. 3129.3(a) to March 5, 2014, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders and other parties of interest be waived. 13. Counsel for Defendants concurs with this Motion to Continue Sale. WHEREFORE, Plaintiff requests this Honorable Court to enter a special Order of Court pursuant to Pa.R.C.P. 3129.3(a) continuing the sheriff sale for October 2, 2013 to March 5, 2014 and dispense with the requirement that advertisement be made and a new notice be provided to Defendants, lienholders or other parties of interest. JAMES, SMITH, h ETTE' & CONNELLY L ' j, Dated: September 27, 2013 By: �, S' Scott A. I ietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION • Plaintiff, • NO.: 11-9391 Civil Term vs. • • TIMOTHY A. MOUL and • ELOISE R. MOUL, • • Defendants. • CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion to Continue Sheriff's Sale was served on the following this 27th day of September, 2013 via First Class U. S. Mail, Postage Pre-paid and via email: Sheriff of Cumberland County ATTN: Real Estate Department CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 Greg Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 Timothy A. Moul and Eloise R. Moul 639 Glendale Street Carlisle, Pennsylvania 17013 JAMES SMI, H Atilt CK & CONNELLY By: I ietterick, Esquire Attorney I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 C �J a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, • CIVIL DIVISION Plaintiff, - • NO.: 11-9391 Civil Term • vs. • • TIMOTHY A. MOUL and ELOISE R. MOUL, Defendants. ORDER OF COURT AND NOW, this or day of 0G-D , 2013, the Motion to Continue Sheriff Sale by Orrstown Bank, and Defendants' consent thereto, it is hereby ORDERED, ADJUDGED and DECREED that the sheriff sale scheduled for October 2, 2013 is continued to March 5, 2014, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders or other parties in interest under Pa.R.C.P. 3129.2 is hereby waived. BY THE COURT: J. aex ies inat.1-CtL —_4 Y • CTl CD r-rl Atly 0. 16.31'f -7';;Ate)44y etziti trzoak =c) /o/a//3 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • TIMOTHY A. MOUL AND • ELOISE R. MOUL, DEFENDANTS : 11-9391 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2013, the sheriff sale scheduled for March 5, 2014, is cancelled and rescheduled to March 12, 2014, and the requirement that advertisement be made and new notice be provided to Defendants, lienholders or other parties in interest under Pa.R.C.P. 3129.2 is hereby waived. By the Court, Albert H. Masla d, J. Scott A. Dietterick, Esquire P.O. Box 650 Hershey, PA 17033 .Areg Knight, Esquire 2 Northfield Way Mechanicsburg, PA 17050 mothy A. Moul and Eloise R. Moul 639 Glendale Street Carlisle, PA 17013 Sheriff of Cumberland County - L r t;v �� =' rnco z -. Zr' cc n :sal ;m -rft ' 173 „C: fiait ket, < cy /! 1413 � , Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF:10E OFD E SH.E SIF TAE PRO THONO D 1 lr 112 18 fk;1 (4 1 CUMBERLAND COUNTY PENNSYLVANIA Orrstown Bank vs. Timothy A. Moul (et al.) Case Number 2011 -9391 SHERIFF'S RETURN OF SERVICE 06/19/2012 07:22 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 639 Glendale Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 08/10/2012 Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Karen Stodghill (Daughter), who accepted as "Adult Person in Charge" for Eloise R. Moul at 639 Glendale Street, Carlisle, Cumberland County. 08/10/2012 Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Karen Stodghill (Daughter), who accepted as "Adult Person in Charge" for Timothy Moul at 639 Glendale Street, Carlisle, Cumberland County. 08/17/2012 As directed by Scott A Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/5/2012 12/04/2012 As directed by Scott A Dietterick, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013 03/05/2013 As directed by Jaime R Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013 04/02/2013 As directed by Jaime R Ackerman, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 05/31/2013 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriff's Sale Continued to 9/4/2013 08/30/2013 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriff's Sale Continued to 10/2/2013 10/02/2013 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriff's Sale Continued to 3/5/2014 11/05/2013 As directed by Scott Dietterick, Attorney for the Plaintiff, Sheriff's Sale Continued to 3/12/2014 03/12/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed ", per letter of instruction from Attorney. SHERIFF COST: $895.89 SO ANSWERS, March 14, 2014 RONNY R ANDERSON, SHERIFF c} Cioun,ySu: e Sheriff.'T'eleosoft, Inc. - 9-S po[ • Ca. SV LL p1 • 9,S- la" 30307i/ On April 16, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered 639 Glendale Street, Carlisle, PA 17013 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 16, 2012 By: 01 CoLd.A---- 61-0L646.&7 Claudia Brewbaker, Real Estate Coordinator r i C! • Z E :Z d - Udtl Z 1 O1 J.ii HS CUMBERLAND LAW JOURNAL Writ No. 2011 -9391 Civil Term Orrstown Bank vs. Timothy A. Moul Eloise R. Moul Atty.: Scott A. Dietterick ALL THAT All that CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heather lands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C ofHeatherlands; thence North 85 degrees 04 minutes 10 seconds East 150 feet to a point; thence North 04 degrees 55 minutes 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. The lot described above is Lot No. 61 as shown on the said plan of Sec- tion C of Heatherlands. HAVING thereon erected a dwell- ing house being known and num- bered as 639 Glendale Street, Carl- isle, Pennsylvania 17013. BEING the same premises which John S. Fecko, Jr. and June E. Fecko, His Wife, by Deed dated May 18, 1979 and recorded on May 31, 1979 in and for Cumberland County, in Deed Book Volume 28 -L, Page 390, granted and conveyed unto Timothy A. Moul and Eloise R. Moul, His Wife. Parcel No. 04 -22- 0481 -034. 73 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 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. sa Marie Coyne, Etor SWORN TO AND SUBSCRIBED before me this da of Au l ust 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ` d • The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717- 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 hc PatriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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. 2011 -9391 Chill Term Orrstown Bank Vs Timothy A. Moul Eloise R. Moul Arty: Scott A Dletterlck ALL THAT Alf that CERTAIN lot of ground located on the East side of Glendale Street in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the East side of Glendale Street which point is in the line dividing Lots 61 and 62 as appears on the Plan of Section C of Heather lands recorded in Plan Book 14, Page 28; thence Southwardly along the East side of Glendale Street South 04 degrees 55 minutes 50 seconds East 100 feet to a point which point is in the line dividing Lots 60 and 61 as shown on the Plan of Section C ofHeatherlands; thence North 85 degrees 11 04 minutes 10 seconds East 150 feet to a Point; thence North 04 degrees 55 minutes • 50 seconds West 100 feet; thence South 85 degrees 04 minutes 10 seconds West 150 feet to the place of BEGINNING. This ad ran on the date(s) shown below: 07/27/12 08/03/12 08/10/12 COMMONWEALTH OF PENN Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., County My Commission Expires Nov. 26, 2015 EMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES V