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Home My WebLink About04-4598 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO.2004- 4SQ;:'> CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE,PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004- .J.;!;9? CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. The Plaintiff and Mortgagee is Orrstown Bank, a Pennsylvania corporation, with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Lee A. Woodall, an adult individual residing at 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania. 3. By Deed acknowledged on May 24, 2002, Mark Sheely Builder, Inc. conveyed the premises described in Exhibit "A", attached hereto and made a part hereof, to Lee A. Woodall. This Deed was recorded in the Cumberland County Record Book 251, Page 4436, et seq., all of which pages are incorporated herein by reference and made a part hereof. The premises are further described as being 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about April 7, 2003, Lee A. Woodall, as Mortgagor, made, executed and delivered a written Note secured by a Mortgage made, executed and delivered the same day to Plaintiff as Mortgagee on the premises described in Exhibit "A". This Mortgage was recorded in the Cumberland County Office of the Recorder of Deeds on April 14, 2003, at Cumberland County Record Book 1805, Page 3723, et. seq., all of which pages are incorporated herein by reference and made a part hereof. 5. A true and correct copy of the aforesaid Note is attached hereto and made a part hereof as Exhibit "B". A true and correct copy of the aforesaid recorded Mortgage is attached hereto and made a part hereof as Exhibit "C". 6. Defendant has defaulted under the terms and conditions of the Mortgage and Note by failing to make payment for the months of May, June, July and August of2004. 7. Defendant is the present record owner of the premises described in Exhibit "A" and is the real owner of the premises. 8. Plaintiff served Notice of Plaintiffs Intention to Foreclose on the real estate of Defendant and provided Defendant with Notice of Defendant's Rights Under Act 91 of 1983 (Homeowners Emergency Mortgage Assistance Law) via certified mail and certificate of mailing on July 19,2004. 9. Attached hereto and marked as Exhibit "D" is a true and correct copy of the combined Act 6 and Act 91 Notice provided to Defendant. 10. Attached hereto and marked Exhibit "E" are true and correct copies of the certified mail receipt and the certificate of mailing for the combined Notice served on Defendant. 11. Under the terms of the Mortgage and Note, if any monthly payment of principal and interest is not made when due or any other obligations of the Note or Mortgage is not met, then the entire indebtedness owing on the Mortgage and Note obligations shall become due and payable immediately at the declaration of Mortgagee. 12. Plaintiff, as Mortgagee, has exercised its option and declared the entire unpaid balance of principal and interest as immediately due and owing. 13. The following amounts are presently due on the said Mortgage and Note calculated to September 1,2004: Principal $48,032.22 Interest to 9/1/04 (per diem of $6.67) $ 867.91 Late Charges $ 150.00 Reasonable Attorney fees fixed by Plaintiff for purposes of this Complaint (5% of principal debt) $ 2,401.61 TOTAL: $51,451. 74 WHEREFORE, Plaintiff requests judgment in Mortgage Foreclosure in the sum of $51,451.74 plus interest thereafter at the contract per diem from September 1,2004, and costs and expenses against Defendant, Mortgagor and real owner and seeks foreclosure and Sheriffs Sale of the mortgaged property in Exhibit "A" hereto. Respectfully submitted, David A. Baric, Esquire J.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbanklwoodalllcom plaint. pld iJ.(<!495755 DES PAGE 07 VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. 1 have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my 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 falsifications to authorities. DATE: 9- 9. 6 'I ~ 9~~~ ifietsy J. Smith Collector ,fllceiv"1 I 9-13/ 0'1 ^.i-~I-zee4 03:43pm 'f From-PREMIER ABSTRACT . 'qlllJ1 e.- +243 3390 N03 P.004 H43 RoaERT P. ZIEGLER !:::~.IV<D""" 0" DE""S . ,',,'"'... >II 10..... r It" '. "'. ". I r''''JIlT .' ....,., . .... ... " , Y-PA Tax Parcel: 21-15-1253-134 '02 MRY 29 .ftPlU 15 THIS INDENTORE , MADS '1'HE~ay of May in the year of our Lord two thousand (2002) between MARK SHEELY BUILDER, INC., a Pennsylvania Corporation, Grantor, ' two AND LEE A. WOODALL, married man, Grantee, G-__...l~_l :-.~ WXTNBSSETH, that the said Grantor for and in consideration of the sum of THREE HUNDRED FOUR THOUSAND and 00/100 Dollars ($304,000.00) lawful money of the united States of America, unto it well and truly paid by the said Grantee at and oefore the sealing and delivery of these presents, the receipt whereof is hereby aoknowledged, have granted, bargained, sold, aliened, enfeoffed, released and confirmed, and Oy these presents do grant, bargain. sell, alien, enfeoff, release and confirm unto the said Grantee, his Heirs and Assigns, EXHIBIT "A" ~/ u). ~/Jde. t<)~ -503~30). biio.~ "'~>f ,ct,t<4 P.i~,"44~~S n,"-,,-lUU4 03:~3pm From-PREMIER ASSTRACT . . +2433390 H03 P ooS F-W 1 . ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 59, as shown on the plan entitled Meadowbrook Farms Final Subdivision Plan phase II dated February 12, 1999, last revised June 3, 1999, and recorded August 17, 1999, in Cumberland county Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right.of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77: thence along said Lot, South 62 degrees 01 minutes 02 seconds West, i89.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 5a seconds west, 120,00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50-foot right-of-way); thence along said right-of-way, North 62 degrees 01 minu~es 02 seconds East, 187.73 feet to a point, lying along said right-of-way! thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of CountrY Side Drive (50-foot right-of-way); thence along said right-of-way, south 21 degrees 17 minutes 34 seconds East, 1~.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a ohord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of 75.32 feet, a radius of 225.00 feet, and an arc distance of 75.68 feet to an iron pin, being the plaoe of BEGINNING. CONTAI~lNG 0.564 aore. "EING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13, 2001 and recorded November 29. 2001 in the Office of the Recorder of Deeds in and for cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. ~a~~~l"pd~a;i::;l~~ f .... i ~ ~ ... ~.-gjm gj q;j "" ....~:c.- ~ ~ ... ",. ::oilllll ~....- I , I ?: .. ~ iS$8~g;l~ ;S~ ~ - ~ 1N'oOCO-1:1: ~ d'J-i R 6 Go -I ~-I ~ ii ... - ~ ~ : ~~ 5;;1 ... ~ a ~:;r i ~ ~. !~ i ::L "" U\ ...", ~ ~ 2~ - 1:3 ....... ~ a~ ~ .... l1I' ~.......- ~ --"" ::: .... .. ... _ .. _-......c...r ~ iHn3~~__:::~~! ::: .. BOOK 251 PACE44J7 - isOO~M.b~ggo~W ~ :.;. o~oe.c>o-=- Q> '" -~-- --'-~.-.~ ^,.-~I-lUU4 03:43pm From-PREMIER ABSTRACT +Z43 3390 T -503 P 006 H43 . .' TOGSTBER with all and singular buildings and improvements, ways, waters, water-courses, rights. liberties, privileges. hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of Grantor. in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. 1'0 nVE AND '1'0 BOLD the said lot or piece of ground above described hereditaments and premises hereby granted, or mentioned and intended so to be. with the appurtenances unto the said Grantee. hie Heirs and Asaigns. to and for the only proper use and behoof of the said Grantee, his Heirs and Assigns forever. AND the said grantor hereby covenants and agrees that it will warrant Specially the property hereby conveyed. IN WITNESS WDUor, said Grantor has caused this Indenture to be signed in its corporate name by its President, and haa caused to be affixed hereunto the common and corporate seal of the said corporation, attested by ita Secretary. the day and year first above written, I MARK SHEELY BUILDER, INC. By fY7 &it ~ -"'1.00 d.. ~Jj.Jl. TL.. J.JVl ~.~- r' ....~I . ':a 4?~ . ATTEST: BOOK 251 rA~E44J8 0,.-,,-'UU4 03:44pm From-PREMIER ABSTRACT +243 3390 r-503 P.001/024 ,-243 a' .... STATE OF Pennsylvania: COUNTY OF ~ SS: On this, the ~ day of " ~ 1.1 , 2002, q'~~..7.e~, the . dersigned officer, pe;;;;;~hy a~eared MfJ.TT.... ~U ,who ~tedged himself to be the r~dDAJ' 0 ~~rk Sheely , Inc. a corporation, and ~at na's such, being . ad to do so, executed the foregoing instrument for the a ereinrf,ont~~tleE by signing the name of the corporation a~ f'fe4ll1Ml( . f EOF, I hereunto set my band and offici~l .-- Nor"'oI Soul I SlcpluIllio !!. w.-. NolIsy ~ H " '/\>p., Cumbclland C MY~miui" I!lIpI... JlllY'28~ _.P~_Cl_ ... CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the within named grantee is tf ~ ~ul,ber"1~ ~6Ji1 {lpttsle PIt- l7Ot"3 . . ~l9 t4 ,2002 ~ {jjItrfHl ce(s)v~, .~- J State of pennsylvania: SS: 1(' ..".;:, :,':' ::'. b<: recorded county of I ...,:.';m;J County PA RECORDED on this day of . A.~. 12n.Q2..ufiM'~Ni . Recorder's office of said county, in Daedr'~~ft~:v~~"/ ~71 paga. "'''''''',:h; ,'~~.ti;,! ~r Given. under my hand and the seal . ",," aaifec%).~e6ft:Ye'eds date above wr~tten. Recorder. SOCK 251 fAGr4439 ___'M....~'__. PROMISSORY NOTE t __ _~~~~__L o'4::;_=_L~~urit~.J --'.-LDiii~~o -..- 1- -c.llii:;;ii --T----Accouiii- ----r~~~rriniti.\a .. ,;.. !',;" ;:~.~ ,'II'ol,I','.!~ ,.'" Ib, .':' 1'i..1l':_ :I'll' ~ i:,~ ojl al',' 'k,'."~ ~. ~ ,'li"''''~:~,,~'' ': .,1' ;'1.,', ,;')C,,'::I~''':!: 1,"\;.. :IC, ..!' .;",~, ;," M" Any ftem above conlaining ..... has been omitted due to text length limitations. . Borrower: LEE A. WOODALL 21 W. MULBERRY RD. CARUSLE, PA 17013 Lender: ORRSTOWN BANK NORTH MIDDLETON OFACE 2250 SPRING RD. CARUSLE, PA 17013 Principal Amount: $52,000.00 Date of Note: April 7, 2003 Maturity Date: April 15. 2013 PROMISE TO PAY. LEE A. WOODAll (.Borrower.) promises to pay to ORRSTOWN BANK (.Lender.~ or order, In r.wtul money of tile United States of America, the principal amount of FIfty-two Thousand ... 00f1 00 DoIIIrs ($52,000.00), togolher with Interest on the unpald principal balance from April 7, 2003, until paid In full. PAYMENT. Subject to any payment changes resultIng from changes In the Index, Borrower will pay thIs loan on demand. PayJMnlln full Is due Immediately upon Lender's demand. If no demand Is _, Borrower will pay this loan In accordance with the followIng payment schedule: 12 monthly consecutfve principal and Interest payments In tile Initial amount of $560.59 each, beginning May 15, 2003, with Intarast calculated on the unpaid principal balsnces at an Inltlsllntarest rate 01 5.250% par annum; and 108 monthly consecutive prlnclpal and Interaat payments In the InitIal amount 01 $560.59 each, beginnIng May 15, 2004, with Inleraat calculated on tile unpaid prlnclpal balancea at an Interaat rate baaed on the Wall Streat PrIme (currently 4.250%), plus a margin of 1.000%, resulting In an Initial Interest rate 01 5.250%. Borrower's IInaI payment will be due on April 15, 2013 and will be for all prlnclpal and accrIIed Interest not yet pald, together with any _ unpaid amounts under this Note. Unl... otherwlae agreed or required by appllcabla law, payments will be applied IIrst to accrued unpaid Interest, then to prlnclpal, and any remaining amount to any unpaid collactlon tos\s and lata charges. The annual Interest rate for thIa Note Is computed on a 3651360 basis; that la, by applying tho ratio of the annuallntareat rata over a year of 360 claya, mullJplled by the outslandlng principal belance, multiplied by the actual number of claya the principal belance Is outstanding. Borrower wlil pay Lender at Lender's add..... &hown above or at such other place as Lender may delIlgnate In wrKlng. VARIABLE INTEREST RATE. For the first 12 payments, the interest rate on this Note will be 5.250%. Thereafter, \he interest rate on II1Is Note is subject to change from time to time based on changes in an Independent index which is the Wan Street Prlme (ihe "Index"). The Index is not necessarily ihe lowest rate charged by Lender on its loans. If \he Index becomes unavailable during \he term of ihis loan, Lender may designate a substitute index after notice to Borrower. Lender wlU tell Borrower ihe current Index rate upon Borrower's request The Interest rate change will not occur more often than each year. Borrower Lr1ders1ands \het Lender may make loans based on other rates as well. The Index currently Is 4.250% per annum. The Interest rata or rates to be applied to the unpaid principal balance 01 thla Note will be the rata or rales set forth heraln In the "Payment" aectlon. Notwlthstandlng any other provision of this Note, altar the IIrst payment stream, the Interest rate for each subsequent payment stream will be eIfeclIve .. 01 the last payment elate 01 the juat-andlng payment _m. NOTICE: Under no cireumslances will \he interest rate on this Note be more than ihe maximum rate allowed by applicable law. Whenever Increases occur In \he interest rate, Lender, at lis option, may do one or more 01 \he following: fA) increase Borrower's payments 10 ensure Borrower's loan will pay off by lis original final maturity date, (B) increase Borrower's payments 10 cover accruing interest (C) increase \he number of Borrower's payments, and (D) contirlue Borrower's payments at ihe same amount and increase Borrower's final payment. PREPAYMENT. Borrower agrees \het all loan lees and oiher prepaid fl/l8l1Ce charges are earned fully as 01 ihe date of the loan and will not be subject to refund upon early payment (whe\her voluntary or as a resull 01 delaulI), except as otherwise required by law. Except lor \he foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than ft Is due. Early payments wUl not, unless agreed to by Lender in writing, ralieve Borrower of Borrower's obligatioo to continue lD make payments under the payment schedule. Raiher, early payments will reduce ihe principal balance due and may resull in Borrower's making lewer payments. Borrower agrees not to send Lander payments marked 'paid in full', "without recourse', or similar language. If Borrower sends suc~ a payment lander may accept ft without losing any 01 lender's r1ghts under ihis Note, and Borrower will remain obligated to pay any further amount owed 10 lender. All written communications conceming disputed amounts, including any check or other payment instrument ihat indicates \het \he payment constiMaS "payment in fulr of ihe amount owed or \he! is tendered with other conditions or limitations or as full satisfaction 01 a disputed amount must be mailed or delivered to: ORRSTOWN BANK. P.O. BOX250SHIPPENSBURG.PA 17257. LATE CHARGE. "a payment is 16 days or more late, Borrower will be charged 5.000% 01 the regularly scheduled _ a or $50.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon delautt, including failure to pay upon final maturity, \he lDlai sum due under this Note will bear interest from the date 01 acceleration or matunty at ihe variable interest rate on this Note. The interest rate will not exceed ihe maximum rate permitted by apprlC8b/e law. DEFAULT. Each 01 the following shall constitute an event of defaull ('Event 01 Oefaull") under this Note: Payment Default. Borrower lails to make any payment when due under ihis Note. Other Defaults. Borrower fails to comply with or to perlarm any oiher term, obligatioo, covenant or condllion conlained in this Note or in any 01 the related documents or to comply with or to perlorm any tenn, obligation, covenant or condition conlalned in any other agreement between lender and Borrower. False S1atemerrts. Any warranty, representation or slalement made or fumlshed to Lender by Borrower or on Borrower's behall under this Note or ihe related documents is false or misleading in any malerial respect, either now or at ihe time made or fumlshed or becomes lalse or mislea<flng at any time thereafter. Death or Insolvency. The death of Borrower or the -dissolution or tenninatioo of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part 01 Borrower's property, any assignment for the beneCrt of credftors, any type of credftor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Credllor or Forleltura Proceedings. Commencement of foreclosure or for1eiture proceedings, wheiher by Judicial proceeding. sell-help, repossession or any other method, by any credltor of Borrower or by any governmental agency against any collateral securing 'the loan. This includes a gamlshment of any 01 Borrower's accounts, including deposll accounts, with Lender. However, ihls Event ot Detau" shan not epp\y II ihere Is a good faith dispute by Borrower as to ihe validity or reasonableness of ihe claim which is lhe basis of the creditor or forfeiture proceeding and " Borrower gives Lender written notice of \he creditor or forlellure proceeding and deposlls with Lender monies or a surety bond for ihe creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion. as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of ihe preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the valkUty Exhlbi+ "B" PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING TliIS NOTE, BORROWER READ AND UNDERSTOOD All TliE PROVISIONS OF TliIS NOTE, INCLUDING TliE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO TliE TERMS OF TliE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPlETED COPY OF TliIS PROMISSORY NOTE. TliIS NOTE IS GIVEN UNDER SEAL AND IT IS INTEND 11iIS NOTE IS AND SHALL CONS11TUTE AND HAVE TliE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LA x. --- --- -- v.sEFlPflOLMIdn(I.\W.U1.1OJlQ2W,~fIlrwQI~~"",3ltO. 1iJ""'~ 'l'I\~fC~pp,., I ( 7r3 . ~ REC~DAT/ON REQUESTED BY: ORRS1OwN BANK NORTH MIDDLETON OFFIce 2250 SPRING RD. CARUSLE, PA 17013 ~();,;"11." ZI~GLER . .. \.)... ,. I r. "" . :i,[CO~DEfI OF DEEDS '.i'~SERLANO CClUNTY-:.' WHEN RECORDED MAIL TO: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 '03 APR 1 Y Af'I 9 5Y SPACE ABOVE THIS UNE IS FOR RECORDER'S USE ONL~ MORTGAGE THIS MORTGAGE dated April 7, 2003, 'S mBde and executed between LEE A. WOODALL, whose address Is 2 W. MULBERRY RD., CARLISLE, PA 17013 (referred to below as "Grantor") and ORRSTOWN BANK, WhOSI addresa Is 2250 SPRING RD., CARUSLE, PA 17013 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable coneldaratlon, O...ntor gran". bargains, seDs, conveys, assigns, transfers, rsleases, confirms and mortgages to L.ender all of Oranto~s right, title. and Interest In and to the following described real property, together with all existing or subaequently erected or affixed buildings, Improvements and fixtures; all streets. lanes, .IIeya, pll88llgea, and ways; .11 easements. rights of way, all libertlea, priVileges, tenements, hereditaments, and appurtenances thereunto balOnglng or anywise made appurtensnt hereafter. and the reversIOns and remainders wllh respect Ihereto; all waler. water rights. watercourses and ditch rights (Including stock In utllmea with ditch or Irrigation rights); and all other rjghts\ royan/es, and prollts relating to the raal prgperty, Including without limitation all minerals, oil, gas. geotharmal and similar mattars, (the "Rea Property") located In CUMBERLAND County, Commonwealth of Pennsylvania: DEED DATED 5-24-02 AND RECORDED IN BOOK 251 PAGE 4436 IN MIDDLESEX TWP. The Rea' Property or 'ts address's commonly known as 21 W. MULBERRY RD., CARLISLE, PA 17013. Grantor presentiy assigns to L.ender all of Grantor's right, tn/e, and Interest In and to all present and future leases of the Property and all Rents from Ihe Property. In addn/on, Grantor grants to L.ender a Uniform Commercial Code security Interest In the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SeCURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL. OBLlGAnONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL. AMOUNT OF $52,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PA YMENT AND PERFORMANCE. Excapt as olhelWlse provided In this Mortgage, Grantor shall pey to L.ander all amounts secured by this Mortgage as they become due and shallstrlcVy perform all of Granto~s obllgaVons under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor ag..... that Grantor's _slOn and use of the Property shall ba governed by the foUowlng provisions: P_Ilon and Use. Until the occurranca of sn Event of Dafautt. Grantor mey (1) remain In polsasslon and conlrol of the Property; (2) use. operata or manage the Property; and (3) collect tha Rents from Ihe Property. Duty to MaIntain. Grantor shail maintain the Property In tenantable condition and promptiy perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental LaWI. Grantor represents and warrants to L.ender thaI: (1) During the period of Granto~s ownership of the Property, there has baen no use, generation, manufacture. storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has baen, except as previously disclosed to and acknowledged by L.ender In wrttlng, (a) any breach or violation of any Environmental Laws. (b) any use, ___.......~l...... .....l>,....h:lI1't..rA .qtnNln8. treatment dlsDOsal, release or threatened release of any Hazardous Substance on. under, about or from the . . .... "- - -- -'-'-- -, ....... 1..-1_1'4 h.. 0.... n,Qr~n" rAb:litinn MORTGAGE (Continued) fl-age - - - -.-.- -.- _.~ ~ . pay, so long as Lender's Interest In the Property Is not Jeopardized. ~ a lien arises or Is IIled es e resulI of nonpayment, Grantor shall within lIItaan (15) days after th.llen arls.s or, "a lI.n l.llled. within 1IIt..n (15) days after Gr.ntor has notlc. of tha IIl1ng, .ecure tha dlscharg. of the lien, or I raquested by L.ndar. deposll WIth Landar ca.h or a sufflclant corporate .uraty bond or other security satisfactory to Lendar In an amount sufficient to discharge tha lien plus eny coats and attorneys' fees. or other charg.s that could accrus as a result of a foreclosure or sale undar the lien. In any cont.st, Grantor ,shall dafend /!Sa" and Lendar and shall satisfy any adversa Judgmant bafore enforc.mant agelnst tha Property. Grantor shall name L.nd.r as an addlflonal obllgaa undar any sur.ty bond fumlshed In the conte.t proceedings. Evidence of paymenl. Grantor shall upon d.mand fuml.h to L.nd.r .atlsfactory .vld.nc. of payment of th. tax.s or as....m.nts and .hall authorize the appropriate gov.mmental offlclal to dellv.r 10 Lender at any time a wrlttan .tatement of tile taxes and assessments agelnst the Proparty. NotIce of ConstructIon. Grantor ahall notify Lender at least flftaen (15) days before any work Is commenced, any s.rvlces are fumlshed, or any material. are .upplled to the Proparty, " any machanlc'. lI.n, m.tarlalm.n'. lien. or oth.r lI.n could be asserted on account of the work, s.rvlc.., or materials. Grantor will upon request of Lender fuml.h to Lender advanca a..urance. .atlsfactory to Lender that Grantor can and wlll pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. Th. fOllowing provl.lon. relating to In.urlng tIl. Property ar. a part 01 thl. Mortgag.: Maintenance of In.ur.nce. Grantor shall procure and maintaIn pollcles of fire insurance with standard extended coverage endorsements on a r.placem.nt ba.,s for the fullln.urable value covering all Improvements on the Real Prop.rty In an amount .ufflclant to avoid appllcatfon of any coinsurance clau... and with a .tandard mortgagee clause In favor of Lender. Grantor .hall al.o procura and maintain comprehenslv. genaral liability In.urance In such coverage amounts a. Lendar may reque.t WIth Landar baing named as addltlonal Insureds In such liability Insurance pollclas. Addlllonally, Grantor shall maintain .uch othar Insuranca. Including but not IImlled fa hazard, buslnes. Interruptfon and bollar Insurance a. Lender may raqulre. Policies shall ba written by .uch In.urance companle. and In .uch form e. may ba raa.onably accaptable to Lender. Grantor .hall deliver to Lendar cerlttlc.tes of coverage from aach In.urar containing a stipulatiOn that coverage will not ba cancelled or diminished WIthout a minimum of tan (10) days' prior wrltt.n noIIee to Lender and not containing any dlsclelmar of tha In.urar'. liability for failure to glv. .uch notic.. each Insuranca policy also shalllnclud. an endors.m.nt providing that cov.rage In favor Of L.nd.r wlll not ba Impaired In any way by any act, omission or defaull of Grantor or any oth.r parson. Should th. Real Property ba Iocat.d In an area designated by the Director of tIl. Federal em.rg.ncy Manag.m.nt Ag.ncy as a special flood hazard araa. Grantor agrees to obtain and maintain Fed.ral Flood In.uranc.. " available, within 45 day. .ft.r notic. I. glv.n by Landar that the Property Is located In a special flood hazard area, for th. full unpaid principal belance of the loan and any prior lI.ns on th. property .ecurlng the loan, up to the maximum policy IImlla set under the National Flood Insurance Program, or a. otherwls. required by L.nder, and to maIntain .uch Insurance for the term of the loan. ApplicatIon of P..-e. Grantor shall promptly notify L.nder of any lo.s or damage to the Property. L.nder may make proof of loss" Grantor falls to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the procaeds to the reduction of the Indebtadnass, paym.nt of any lien affecting the Property, or the restoration and repair of the Property. If Lender .Iects to apply the proceeds to restorallon and repair, Grantor shall repair or replac. the damaged or destroyed Improvements In a mann.r satl.factory to L.nder. Lendar .hall, upon satisfactory proof of such expenditure, payor r.lmburs. Grantor from tha procaeds for the reasonable co., of r.palr or restoration If Grantor Is not In defautt und.r this Mortgage. Any proceeds which have not been dlsburaed within 180 days after their receIpt and which L.nder has not committed to the repair or restoratiOn of the Property shall ba used flrat to pay any amount OWing to Lendar und.r this Mortgaga, then to pay accrued Interest. and the remelnder, " any. shall ba applied to tile principal balanca of the Indebtedness. If Lender holds any proceeds after payment In full of the Indebtedness, such procaeds shall be paid to Grantor as Grantor's Interests may appear. LENDER'S EXPENDITURES. II any actiOn or proceeding Is commenced that would materially affect L.nder's Intere.t In the Property or " Grantor falls to comply with any provision of this Mortgage or any Related Documents, Including but not IImlt.d to Grantor's failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Mortgage or any R.lated Docum.nts. Lendar on Grantor. bahalf may (but shall not ba obllgaled to) take any action that L.nd.r deems approprlat., Including but not 11m lied to dl.charglng or paying all taxes, lien., .ecurlty Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures Incurred or peld by Lender for such purposes wlllthen bear Intarest at the rate charged und.r the Not. from the dale Incurred or paid by L.ndar to the date of repayment by Grantor. All such expens.s will becom. a part of the Indabt.dn... and, at L.nder. option, will (A) be peyabl. on d.mand; (B) ba added to the balance of the Not. and be apportioned among and be payable with any Installment paym.nts to become due during elth.r (1) th. term of any appllcabl. Insuranc. polley; or (2) the remaining term of the Not.; or (el be tr.aled as a balloon payment which will be due and payable at the Note'. maturity. The Mortgage also will secura paym.nt of these amounts. Such right shall ba In addition to all other rlghls and remedies to which Land.r may be .ntllled upon O.fault. Grantor's obligatIon to L.nder for all such expenses shall survive the entry of any mortgage foraclosura judgment. WARRANTY: DEFENSe OF nTlE. Th. following provisions r.lating to ownership of th. Property are a part of this Mortgag.: , -... --.... --.....-_'-1.. .,..1.... ^f ...,.,."rrl ".. th.:. PrnMrtv In fee sfmole. free and clear of all liens and _'''_....._e'.__',._.__.;;.,,__'_ MORTGAGE (Continued) PagE - ---- - -..."":r,",-- Mortgage: Security Agreement. This Instrument shall const~ute a Security Agreement to the extent any of the Property consUtutes fixtures, and Lender sha have all of the rights of a secured party under the Unltorm Commercial Code as amended from Ume to Ume. Security Intarat. Upon request by Lender, Grantor shall execute flnanclng statements and taI<e whatever other action Is requested by Lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addltJon to recording this Mortgage in the real property records, Lender may, at any lime end without further authorization from Grantor, file executed counterparts. caples or reproductJons of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expens.. Incurred In perfecting or continuing this security Interest. Upon default. Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor end Lender and make II available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Add,....... The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning tha security Interest granted by this Mortgage may be obtained (each as reqUired by the Unllorm Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDmONAL AUTHORIZA'IIONS. The following provisions relating to further aesuranc.. and additional authorizations are a part of this Mortgage: Further A..urancee. At any Ume, and from Ume to time, upon request of Lender, Grantor will make. execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be flied, recorded, reflled, or rerecorded, as the case may be, at such Umes and In such offlces and places as Lender may deem appropriate, any and all such mortgages. deeds of trust, security deeds. security agreements, financing statements, continuation statements, Instruments of further assurance, certlflcates, and other documents as may. in the sole opinIOn of Lender, be necessary or desirable In order to effectuate. complete, perfect, continue, or preselYe (1) Grantor'. obllgallons under the Note, this Mortgags. and the Relsted Documents, and (2) the liens and security Interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unle.s prohlblled by law or Lendar agraes to the contrary In wrltlng, Grantor shall reimburse lender for all costs and expenses Incurred In connection with the matters referred to In thJs paragraph. Additional Authorizations. It Grantor falls to do any of tha things raterred to In the pracadlng paragraph. Lendar may do so for and In the nama of Grantor and at Grantor's expense. For such purposes. Grantor hereby irrevocably authorizes lender to make. execute, denver, file, record and do all other things as may be necessary or desirable, In Lender's sole opinion. to accomplish the matters referred to In the preceding paragraph. It Is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements at termination of any financing statement on file evidencing Lender's security Interest In the Rents and the Personal Property. Grantor will pay, II permitted by applicable law. any reasonable termination lea as datermined by Lendar from time to time. EVENTS OF DEFAULT, Each 01 the following, at Lender's option, shall constitute an Event of Dafau~ under this Mortgage: Psyment Defsult. Grantor falls to maks any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxas or Insurance, or any other payment necessary to prevent filing of or to effact discharge of eny lien. Othar Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condlllon contained In this Mortgage or In any of the Ralated Documents or to comply with or to perform any term. obligation, covanant or condition contained In any other agreement between Lender and Grantor. Fal.. Statemants. Any warrenty. representation or statement made or fumlshed to Lender by Grantor or on Grantor's behall under this Mortgage or the Related Documents Is false or misleading In any material raspect. either now or at the time made or fumlshed or becomes false or misleading at any time thereafter. Defactlve Coll81erallzatlon. This Mortgage or any of tha Related Documents ceases to be in full force and effect (InclUding fallura of any collateral document to create a valid end perfected security Interest or lien) at any Ume and for any reason. Death or Inoolvancy. The death of Grantor, the Insolvency of Grantor, the appointment of a receiver for any pall of Grantor's property, any assignment for the benetn of creditors. any type of creditor workout. or the commencement of any proceeding under any benkruptcy or insolvancy laws by or against Grantor. CredItor or Forta/ture Proceedings. Commencement of foreclosure or forfeiture proceadlngs, whether by JUdicial proceeding, sall.help, repossassion or any other method, by any creditor of Grantor or by any governmental agency against any proparty sscurlng the Indebtedness. --- - . . . ,- .._~--~ -~ -...., ...1- nor....t......". ..,....."'I.nte Inl"'h.rllnn liAMslt acc:ounts. with lender. However, this Event of Default shall not apply MORTGAGE (ContInued) Page -- -------------'- Po.....lon 01 the PropllI'Iy, For the purpo.e of procuring possession of the Properly. Grantor hereby authorizes and empowers any ettorney 01 any court of racold In the Commonwe.1th of Pennsylvania or elsewhere, as attorney tor Lender and ell persons claiming under or through Lender, to sign .n agreement tor entering In any competent court an amlc.ble acVon In ejectment tor posse.slon of the Properly and to appear for and confess ludgment against Gr.ntor, and against all persons clelmlng under or through Grantor, tor the recovery by Lender of poss...1on of the Properly, without any stay of exacullon, tor which this Mortgage. or . copy of this Mortg.ge verified by .ff/cIav>>. sh.1I be . sulflclenl warrant, and thereupon a wlil 01 possession m.y be Issued torthwlth, without sny prior writ or proceeding whatsoever. Non/udlcle' Se'.. II pennl1led by applicable law, Lender may toreclose Granto~s Interes! In all or In any part of the Person.' Properly or the Real Properly by non-judlclel sale. Deficiency JUdgment. l.8nder mey obtain . Judgment tor .ny deficiency rem.'nlng In the Indebtsdneas due to Lender .fter .ppllc.tfon of ell amounts racelved from the exercise of the rights provided In this sactlon. Tenency at SofIerence. II Grantor rem.lns In possession of the Properly after the Properly Is sold .s provided .bove or Lender otherwise becomes entitled to possession of the Properly upon dslau>> of Grantor. Grantor sh.1I become. ten.nt at suffer.nce of Lender or the purchaser of the Properly .nd shall. .t Lends~s option, either (1) pay. re.sonable rental for the use ot the Properly, or (2) vacete the Properly Immediately upon the demand of Lender. Other Remod,"", Lender sh.1I h.ve all other rights and remedies provided In this Mortg.ge or the Note or .vallable et law or In equity. Sa'e of the Property. To the extant pennltled by .ppllc.ble law, Grantor hereby w.lves .ny .nd all right 10 have the Properly m.rshalled. In exercising lis rights end remedies, Lender sh.1I be free to sell .11 or .ny part of the Properly together or seperately. In one s.le or by separate s.les. Lender sh.1I be entlllad to bid .t .ny publiC s.is on .11 or .ny portion of the Properly. NOllce of Sa". Lender shall give Grantor re.sonable notice of the time and pl.ce of .ny public sais of the Person.' Properly or of the vme .fter which eny priv.ta s.le or other II1tended disposition of the Person.' Properly Is to be m.de. Unleas otherwise required by .ppllc.ble Jaw, re.sonable notice sh.1I mean notice given .lle.s! ten (10) d.ys before the vme of the s.le or dlsposll1on. Any sale of tha Personal Properly m.y be m.de In conjunction with any sale of the Real Properly. E'OCIlon 01 Remod'... ElacVon by Lender to pursue .ny remedy shall not exclude pursu>> 01 .ny other remedy, .nd .n elactlon to m.ke expenditures or to take action to perfonn en obligation of Grantor under this Mortg.ge. efter Granto~s fellure to perfonn, sh.1I not effect Lender's right to declare. def.u>> and exercise Its remedies. Nothing undsr this Mortgage or otherwise shall be construed so .s to IImll or restrict the rights end remedies .vallable 10 Lend.r following .n Event of Defau>>. or In any way 10 11m>> or restrict the rights and ability ot Lender 10 proceed directly against Grantor and/or against any other co~maker, guarantor, surety or endorser and/or to proceed agaInst any other COllateral directly or Indirectly securing the Indebtedness. Attorney,' F...; Expen.... If lender Institutes any suft or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as ettorneys' feea .t trial and upon any appe.l. Whether or not any court .ctlon Is Involved, end to the extent not prohlb>>ed by I.w, .11 re.sonable expenses Lender Incurs that In Lende~s opinion are nec....ry .t eny time lor the protection of lis Interest or tho enlorcement of lis rights shall become a part of the Indebtedness pay.ble on demand .nd shall be.r intarest at tho Note rate from the date of the expend>>ure until repaid. Expenses covered by this paragraph Include, wlthoutllmltetlon, however subJect to any limite under applicable I.w, Lender's attomeys' fees and Lender's legal expenses, whether or not there Is a lawsu>>. Including ettomeys' fees .nd expenses for bankruptcy proceedings (Including efforts to modify or v.cate any automallc stay or Injunction). appeals, and any anticipated poat-Iudgmant collection services, the cost of searching records, obtaining tllle reports (Including foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent pennllled by applicable I.w. Grantor elso will pay any court costs, In .ddll1on to ell other sums provided by law. NOTICES. Unless otherwise provided by appllc.ble law. any notice required to be given under this Mortgage shall be given In wrttlng, .nd shall be effacVve when actuslly delivered, when actually raceived by telslacslmlle (unless otherwise required by I.w), when deposited with e netfonally recognized ovemlght courier. or, II mailed. when deposited In the United 8tatea mall, .s first class, certified or registered mall postage prepaid, directed to tho addresses shown near the beginning of this Mortgage. All copies of notices 0' foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lende~s. address, as shown near the beginning of this Mortgege. Any party may changa lis address tor notices under this Mortg.ge by giving tonnal wrlllen notice to the other parties, specifying that the purpose of the notice Is to changa the parly's eddress. For notice purposes, Grantor aoreas to keep Lender Inlonned at all times of Granto~s current .ddress. Unless otherwise provided by eppllcable law. II thera Is more than one Grantor, .ny notice given by Lender to .ny Grantor Is deemed to be notice given to ell Grantors. MISCELLANEOUS PROVISIONS. The following mlscell.neous proVisions are a part of this Mortgage: Amendmenta. This Mortgage, together with any Relat.d Documents, constitutes the entire understanding and agreement of the p.rtles as to the matters set forth In this Mortgage. No .>>eratlon of or .mendment to this Mortg.ge sh.1I be affective unless given In writing .nd signed by the parly or pertles sought to be charged or bound by the alteration or amendment. . --...1 D........... If tho Prooertv Is used tor purposes other than Grantor's residence, Grantor shell 'umlsh to Lender, upon request, a certJrled ,. -. .~--I~ __....1...... 1;"",..., """Ill" In !:I:l~h fnrm and detail as Lender shall require. ~....i' MORTGAGE (Continued) Page Guaranty. The word 'Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to lender, IncludJng without limltetJon a guaranty of all or part of the Note. Hazardous Subatancea. The words 'Hazardous Substances' mean materials the!. because of their quantity, concentretJon or physical, chemical or Infectious cherecterlstlcs, may cause or pose a prasent or potential hazard to human health or tha environment whan Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwls. handled. The words 'Hazardous Substances' are used in 1I1.lr very broadest sense and Includa w/1I10ut IImltatJon any and all hazardous or toxic substances, materials or wast. as d.flned by or listed under the Envlronm.ntel laws. Th. term 'Hazardous Substanc.s' slso Includes, without limitation. patroleum and patrol.um by-products or any fraction thereof and asbestos. Improvement.. The word '/mprovem.nts' msans all .xlsting and future Improvem.nts. buildings, structures, mobll. homes afflxed on the Real Property. taclllUss, addlUons, replacements and other construction on the RssI Proparty. Ind.btedn.... The word 'Indebtedness' means all principal, interest. and oth.r amounts. costs and expanses payable under the Note or R.lated Documents, together with all renewals of, extensions of, modifications a', consolidations of and substitutions for the Note or Related Documents and any amounts expal1ded or advanced by lender to discharge Granto(s obllgatJons or expans.s Incurr.d by lend.r to entorc. Granto(s obllgatJons under this Mortgag., together with Interest on such amounts es provided In this Mortgage. lander. The word 'lende" means ORRSTOWN BANK. Its successors and assigns. Mortgag.. Th. word 'Mortgage' means this Mortgag. between Grantor and Lendsr. Not.. The word 'Note' means the promissory note dated April 7, 2003, In the original principal amount of $52,000,00 from Grantor to L.nd.r, together with all ranewals of, extensions of. mod/flcaUons of. refinancings of, consolldetJons of. and subslltutlons for the promissory note or agr..ment. The maturity det. of this Mortgage Is April 15. 2013. NOncE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words 'Personal Proparty' mean all equipment. fixtures, and other artlcl.s of personal proparty now or hereaft.r owned by Grantor. and now or h.r.after afteched or affixed to the Real Property; together with all accessions, parts. .nd additions to, all replacements of, and all subsUtutJons for, any of such property; and togather with aU proceeds (Including without IImltetlon alllnsuranc. proc.eds and refundS of premiums) from any sale or other dlsposltfon of the Property. Property. The word 'Property' means cOllectivaly the Real Property and the Personal Property. Real Property. The words 'Real Property' mean the real property. Interests and rights, as further dascrlbed In this Mortgage. R.lated Documents. The words 'Related Documents' mean all promissory not.s, cr.dlt agreements. loan agreements. envlronm.ntal agreements. guaranties. security agreements, mortgagea. deeds of trust. security deeds, col/at.ral mortgages. and all other Instrum.nts, agreements and docum.nts, whather now or hareafter existing, executed In connection with th. Ind.btednass. Rents. The word 'Rents' means al/ present and future rents. revenues. Income. Issues, royalU.s, profits. and othar benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING REAO ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL A IT IS INTENOED IS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALEO INSTRUMENT CORDING W. I CcrU 1\, :! i In Cun,( . " "....1\,,_,...'-.1 \ '-.:, , v Recorder of Deeds o~- RRSTOWN BANK 700 s ~S-cO 0"" 3 '7-''17 () 9:?J. July 19, 2004 co\py LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA. 17013 Via Certified Mail Return Receipt Requested and Regular U. S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paQes. The HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the prOQram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yoU when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit CounselinQ Agencies serving your County are listed at the end of this Notice. If you have any Questions. YOU may call the Pennsvlvania Housing Finance AQency toll free at 1.800.342.2397. (Persons with impaired hearing can call (717) 780-1869}. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT "D" LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. 51 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): LEE A. WOODALL PROPERTY ADDRESS: 21 WEST MULBERRY ROAD CARLISLE. PA. 17013 LOAN ACCT. NO.: 26428409001 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER: ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACr) , YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desiQnated consumer credit counselinQ aQencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BrinQ it up to datel. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 21 WEST MULBERRY ROAD, CARLISLE, PA. 17013 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MAY15TH-- $554.82, JUNE 15TH..$554.82 & JULY 1STH_-$554.82 Other charges (explainlitemize): LATE CHARGES--$100.00 TOTAL AMOUNT PAST DUE: $1,764.46 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this $ 1,764.46. ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK A TIN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEF AUL T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riRhts to accelerate the mortQaQe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortQaRe property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. , OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yoU still have the riqht to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charqes then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinq by the lender and by performinq any other requirements under the mortgaqe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Orrstown Bank P.O. Box 250.77 East Kina Street Shippensbur!:!. PA 17257 f711l530-2661 (717) 532-4099 Betsv J. Smith EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THOE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE' NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, ~9~ BETSY J. SMITH, COLLECTION DEPT. , . CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY.O CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 Fax (717) 234-9459 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 Financial Services Unlimited 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 r f " f f I ....... --.1 C) - 'if.) 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RaotrIcoudDohory?i&oal'iooJ .:: :0-. . ~ .. i.p._~. . ~1Imi_" j f>s Forrh 38f Oi~USI2~11 I it I . ; 7002, 251.0 aDo:. ---- , I .... ~_ :' "i..' ;. . ~ ! 6:;'~~ 73Ci~ 1/~~u~ ',H~ 02,'" ?540 (.J ~ 7(~0 ~ - "'\) () (J( -0 ~\ (f) UJ ~ ()J -l r- IY ~ +- ----L... ~~, :.-: ;::; -n .,:- ._..~ .....~ ...- en -, !I I' 1 1 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-4598 CIVIL TERM LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: I 2004. Please reinstate the Complaint filed in the above-captioned matter on September 14, Respectfully submitted, Date/o )/~/df { I David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Permsylvania 17013 (717) 249-6873 dab.dir/orrstownbanklwoodalllreinstate. pra \.() ", (-,:::1 C:::l .c-' a c") -; { ,". ";0 ~? SHERIFF'S RETURN - REGULAR CASE NO: 2004-04598 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS WOODALL LEE A GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WOODALL LEE A the DEFENDANT , at 1741:00 HOURS, on the 15th day of October ,2004 at 21 WEST MULBERRY ROAD CARLISLE, PA 17013 by handing to CHARLEAN WOODALL, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 .r~~;d~~f~~~ R. Thomas Kline 10/18/2004 OBRIEN BARIC SCHERER Sworn and Subscribed to before ~ this c1 ~ day of 1JL{~;if)'; A.D. J~oChO ,~ By: -4~ iJ~ . Deputy Sherg!t' II ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendant, Lee A. Woodall, for failure to file an answer to the Complaint of Plaintiff. A true and correct copy of the Notice of Default is appended hereto as Exhibit "A." A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P.237.1. Plaintiff requests judgment in the amount of$51,451.74 as set forth in the Complaint. Respectfully submitted, ~7?ct:tRER David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 da b.dir/o rrstown bank/woodall/default. pra ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. ;, :! LEE A. WOODALL 1i 21 WEST MULBERRY ROAD CARLISLE, PA 17013, : I Defendant. ! i CIVIL ACTION-LAW MORTGAGE FORECLOSURE :1 il TO: 'i 'I I :1 Lee A. Woodall 21 West Mulberry Road Carlisle, Pennsylvania 17013 Date of Notice: November 5, 2004 IMPORTANT NOTICE i I I YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN Ii APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE '\ COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST I YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A . JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU I MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE Ii THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR !I CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND Ii OUT WHERE YOU CAN GET LEGAL HELP. 'I I I i i i I \ Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 C AND S~RER t!t~ David A. Baric, Esquire 19 West South Street Carlisle, P A 17013 (717) 249-6873 UIilBI7 "A" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT e! b PROVIDE FOR INSURANCE-POSTMASTER 0 ;I ;;; _0 :;: Received Fro~l: 0 ..' ~ !Q ~ 01 Bnw 7 Ban c...C:+ SeherEX' . '';'''Ii~~ lq U)tst5outVtS1Y~e.;t r~~\ \ LQrlls\r..-" f'A \1013 ";; ~ :;~ \~ \ " --0 .~, _~ 0 ~ J:J'zJ;: C One piece of ordinary mail addressed to: (}):., '" 0 ..c.~ 0 . LEe. A () WOOqq \ \ '-~ /o~ ...~'fl ~\ Wts-r mu\'oGt:jrzoG\d ,~;'C< ~~!;;o~ ..!..c:::J 7~w;, ~ Ca~l is\f,) f' ft \1Dl3 __~ J Jj ~ PS Form 3817, January 2001 [XILIEI7 "E" ~ps , I rt i 1 II CERTIFICATE OF SERVICE I hereby certify that on November 16, 2004, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lee A. Woodall 21 West Mulberry Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire ~ i f:) ~ ,." r---, , ) ~:,': ~ C:~:;) C) to:.-,'..l t ~,C- -n ;.~~ ---1 . , c:'~'~ .~' & ....,.:: f"i',p ..... F . [11 '- ...{J C' \~? - ~ ~ . ~ Cl ...... F! ;: . ; : ~',: ~ lj " , ( -"r ---'.-.' ~ " , '.,: ') ~ .. rv '" :-tl . .. _.' 4:"- , 0,) - ~ ~ J ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.c.P. 3 129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, ~~/~ David A. Baric, Esquire LD.44853 19 West South Street Carlisle, Pennsylvania I 70 13 (717) 249-6873 dab,dir/orrslown banklwoodall/mailing.cer 'I u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: . ~Briw, BariC/at ~tytr \q Wzst South -5trr.et tarlislc) PR \1013 8< ~~ ~ . ~" I, , ,-....''f. i ~;- ' _ -,t;: ", t,." , ~i6~~~~''''''dlO r \ill) SunK II ElIS1- ~in -Strttt ~h msbu Pl1 \1~!S1 ,g.... o~ ~c:::l <.n. ;:jl.O .'.. c:::l '" '- n c: '" '" . ::DZ :0 Vl ::J:: _rO)o D--...j....::p CNO(/)_'"'tl z~ -reo -l~WIT1 (/) o. -< <.n " '" '" '" en U.S. POSTAL SERVICE CERTIF'CATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT ~ c: PROVIDE FOR INSURANCE-POSTMASTER " 0 ~ iil . i g~tt~h~;;,~mr 2\iil\lj tarl'lslf" ff\ \1013 VI ~'~tp~;"r~;"H;~'~ ' ~~~I~ '~~~~~~ 9tD3 WEst tamc.aY A~rnu& ~~ "~w~ ~ \Suitv 010\ '" '" 1i1 Hersh ,fl1 11D33 PS Form 381 ,January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER :~Q H~ ':., g'ii' i~' :~~'l ~ , ~ "':'. ' . :'{'~ \ \\~,,: ~ ...1&""/ ?:'Ii-:~ n c: o.L..JI!!!!L",.f':D :D . ,g'1iiilllir'~z_'f1-oC(l ~c:::J gNclU)~-o . ~ ""'" z. _roo N~ -1~wrn Vl 1c:=J o;'~ - a; Ul :D ~ RecefvedFrom: ltBrirn ~ l3aY'iuoi- Schm-r J9 w~t Scu-\1t1 GtrtEt tarlis\c..) fiR \10\3 :T~~~~OO~trwt t"arlis\e., fF\ \1D\~ PS Form 3817, January 2001 p, ~mps <0' of 'ent U.S. POSTAL SERVICE CERTIFICATE OF MAILING Received From: . 0' 6r\m ) 6o.nCl 0\- ~ert(" \ q \)JtSt SQUm Str"f,e;f c..or\\s\E-, fFI \1 D\~ One piece of ordinary mail addressed to: \'Iim t, RQm~h C..ltth\~rn D. R(lru~\1 1 bardon Dr\\lv Lllr\is\f., fA \10\~ PS Form 3817. January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: lL6n'at) &Vltl or Sci'1eN"f,.( \ q W~S-\- &\Ath ()tn::et e.llr\\S\~l f11 nO\?:> Olly1-\rlbllse. PS Form 3817. January 2001 ',g~. N . o Ul. ;jc..c ~ c::) '" " '" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil DOES NOT PROVIDE FOR INSURANCE POSTMASTER . - ~~I ~~ ~==i Vc "~ ...._ ~t [} ;. '" (f , .... I:l -\ f ~. ~~, " Received From: 0' Br\V"I ) &1110"* Scheff,.( \9 West .sQ\l1t\ S,trtrl" c.ar\is\~ ffI nO\3> One piece of ordinary mail addressed to' .... jnnt~ -:rY\'1~ . _\3'1 NOv+h I-\onO\le.r ~1rEtt c.arh<:'\~1 f'I\ \10\~ . c gf::R- . ~c::) <no ;jc..c .'.c::) '" '- n c :r.~ ~ i.n :J: -r-o. O--.."J......:r. ~!"~f2o~ -i 'w"" (/) C. -i Ul " '" '" '" m PS Form 3817, January 2001 'P' I " U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNA lIONAl MAIL, DOES NOT PROVIDE FOR INSURANCE-f>OSTMASiER Received From: , . €n 1 f;QY'lU <>\- Scl1el'E( V~ U)~st &UW\ 6tfW c..l)rli51t-, pp, \1()\~ o~;b;,t~~'t~\\~~S tolhn5 C,ontr()etin\ Grol1p '0\ lindholY\ v'F< &1ilain SO~ mtcV\all\~Nl'i ,PP. \16 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: ()'Bntn, 6!ro'* Sch~ \ q Wcl SOU,", S{rEtt tart iSlE., l'R \1D\3 HI (f) -, ".~. ljP .'/ ,1".::- ';, ,~,~ 1" \. ::"';;" ~, .'; ""'.~ i "~',,~'~~ ~- ~---.J_:D Ul_ ~N:Vl~~ r:jc..c -\0 .wM=.C~ .!.c::) ~ ~ ~ Ol " '" "' One piece of ordinary mail addressed 10: f-orY\mt.rc.V &11'\ ~ ~~~N,A, a l\',)~'(\UfJ Camp \-hl\) fA \1D\\ PS Form 3817, January 2001 u.S. POSTAL SERVICE CERTIFICATE OF MA'LING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' .-~ ~ ~I ....- 0 -,- ~ c . ,,:,.,~~~" U --0',- -"' \ est So -Strt.€:t '''~. i,. toY\islt., ft:\ 11 DI?:> "'1 "}~ \!a. \ ~;=:.;; \. f One piece of ordinary msjl addressed 10: ____, '"X' ~~.~ . -.if !i! i c: _f\BN AmRO ~~ Groll~,~r~ ~O-~~~~ il5q C,orKlan Dr'\ve,.',-m:c @..~~a~ I~ 00 -I \. \a~SDnv'II\s.') F'lovidA- 0~~5'b Oi U1 il ~ PS Form 3817, January 2001 .,\aroPS ,,' eo' 111"en\ " ,- ,_..1 .-. c_ f'''':'' (. ") ..;,. ----------- Ii ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER PA.R.C.P. 3129,2 I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notice of Sale Under Pa. R.C.P. 3129.2 were mailed with certificate of mailing to the following on January 12,2005. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 it ABN AMRO Mortgage Group, Inc. 7159 Cork1an Drive Jacksonville, Florida 32258 ~7;Szr BY: David A. Baric, Esquire Sworn to and subscribed before me this 11 day of January, 2005. COMMONWEALTH OF PENI~SYLVANIA Notarial Seal Jennifer S. Undsay. Notary Public Ca~isle Boro. Cumbe~and County My Commission Expires No,. 29. 2007 Member, Pennsvlvania ASSO('I;,!lon Of r-Jolanes dab,dir/orrstownbanklwoodall/sale-notice.aff (~) ~-:- C"'l .' ,~, ,~~7; () ~I -'-'-j (c:; "-' ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AMENDED AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendant, Lee A. Woodall, is 1512 Windemere Place, West Chester, Chester County, Pennsylvania 19380 and that the Defendant is the owner of mortgaged property known as 2 I W'~st Mulberry Road, Carlisle, Cumberland County, Pennsylvania. :a:J~C(i BY: David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 2ND DAY OF FEBRUARY, 2005. {lr1(luJiJ~ fI; ~~ Notary Public MMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisi. 80m, Cumberland County M ColJIIIIissionE ire.A .17,2006 ~~"'rnber, Pennsylvania Associfltirm-' . dab.dir/orrstownbanklwoodall/amendedaddress.aff f"'-.~ ~;~::; ';;,JI -" o c;.:;; , N -r Co) OJ. II ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004-4598 CIVIL TERM V. I[ I ! LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. I. Name and address of owners or reputed owners: I I Lee A. Woodall 1512 Windemere Place West Chester, Pennsylvania 19380 2. Name and address of defendants in the judgment: Lee A. Woodall 1512 Windemere Place West Chester, Pennsylvania 19380 II 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West S,outh Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 13 7 North Hanover Street Carlisle, Pennsylvania 17013 Robert B, Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 70 I East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Con:y Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Ii 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Commerce Bank/Harrisburg N.A. 100 Senate A venue Camp HilL Pennsylvania 170 II ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 5. Name and address of every other person who has any rewrd lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pt:nnsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ,I ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N A 701 East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: nfa 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: nfa I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of I I II I 18 Pa. C.S. 4904 relating to unsworn falsifications to i~~ities. ;0 ..1 /? O,~/O~/D5 !c/f111,J /: !O~, Date David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstownbanklwoodalllamended3129.1,aff EXHIBIT "A" , ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, I being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II I dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland I County Plan Book 79, Page 8S, mor particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (SO-foot right- of-way), and being a northerly comer of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees S8 seconds West, 120.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (SO foot-right-of-way); thence along said right-of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 2S.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (SO-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along :mid right-of-way, along a curve to the right, having a chord bearing of South II degrees 39 minutes 25 seconds East, a chord distance of7S.32 feet, a radius of22S.00 feet, and an arc distance of7S.68 feet to an iron pin being the place of BEGINNING. Containing 0.S64 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13, 2001 and recorded November 29, 2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted aad conveyed unto Mark Sheely Builder. Inc. II C' , .~;, C~'. -" r" G.J 1 r.,] -~t (.~) AMENDED NOTICE TO LIEN HOLDERS ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Lee A. W oodal\. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberlat1d County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 13 7 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 170 II II ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 70 I East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 You are hereby notified that on June 8, 2005, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Lee A. Woodall, No. 2004-4598, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Lee A. Woodall known and numbered 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15-1253-134. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on July 8, 2005, and di:,tribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to ~t your inter7~' if any,.bjheing notified of said ::~:s S~;/ 0;)/ D~ /dj~d~/~/(d, I , David A. Baric, Esquire LD. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Penn:,ylvania 17013 (717) 249-6873 Attorney for Plaintiff dab,dir/orrstown banklwoodalllamended3129saJe.ntc il I I LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Me:adowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mar particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly comer of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25 .00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 -.-::. ..-<, ....-;, 'cJ \ (,0 ~ (j'. II ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER P A.R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Amended Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, /~:N'~A. / Rl"1')i1f 'a~/II,/ 13.< David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab,dir/orrstownbanklwoodalllmailing.cer il ..... d " ,t Received From: O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 One piece of ordinary mail addressed to: Orrstown Bank " o ~t:A- iilel ",. ~c.o bel "" ." " C ::D~ ~iU, ~ -,"'0. ~o....r_I> W(:::l(/)_" . -r'::le -l .wrn (I) o. -< '" " :I> " C'l rn 77 East King Street Shippensburg, PA 17257 PS Form 3817, Mar. 1989 Received From: U.S. POSTAL SERVICE CERTIFICATE OF MAlLIN MAY BE USED FOA DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 One piece of ordinary mail addressed to: ,~ g-E:B ~c=I ,,.. Esquire :~c.o 6c:::J Suite 20:"" ." " c rn ~ . "'" on 3 - i). oo-.J-D c:wo(/)-"'tl z. _roo ""'.Wl'T1 en o' -< '" " :I> " C'l rn I I I I Eric A. Garonzik c/o Joseph Hitchings, 203 West Caracas Ave. Hershey, PA 17033 PS Form 3817, Mar. 1989 -,. 19 West South Street Carlisle, PA 17013 " One piece of ordinary mail addressed to; o ~i:A- fllP illc.o bel .A ." n c: rn " . ~ttl._F2-o'fl cc-..l.......:t> C:WOVl--C z. _roo -l .wrn (/) 0' --< tJl ~ ~ Carlisle Borough 53 West South Street Carlisle, PA 17013 PS Form 3817, Mar. 1989 ., , d f t il U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIl, DOES NOl PROVIDE FDA INSURANCE-POSTMASTER .., " Received From: O'Brien, Baric & Scherer .~ ~ 19 West South Street Carlisle, PA 17013 One piece of ordinary mail addressed to: ." n co m;I> . :DCC :II C/l ::J: ._,""0' OO-...J-:I> ~WOVl-"'tI . _rOo oWm en ". -< U\ ." ;I> '" '" m Kim C. Raraigh & Cathleen Raraigh, 7 Gordon Drive c. g-E:R- illCJ ~rc..c 91) ,...., ,,--.- J> D. Carlisle, PA 17013 PS Form 3817. Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIl... DOES NOT PROVIDE "'OR. INSURANCE POSTMASTER Received From: n trI Ba(\CiQ. Sehtvif q st Sou-H1 S1nct Carli sIt. , fA 11 0\:' {~r;;b:;l~~d C~~~"'~o1- thilM 6urfau Cumbtrland COUf) to\)\"f\'IOUSE, Ol1t c.vurthoU'S.t. uort.- Carll~l'(:, Pr1 11013 I i I PS Form 3817, Mar. 1989 Received From: O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 One piece of ordinary mail addressed to: Printed Image <>- ~itfl; ~ %~ ~ ... -n n co 'm ~ . ~:J>"_ ,,'!' Cl'..j_"D woC/l-1J . _roo ....-t .wrn Vl ", -< U\ ." ;I> ;I> '" m 137 North Hanover Street Carlisle, PA 17013 PS Form 3817, Mar. 1989 .. ps od of ot s d ,f t lS .d ,f " I u.s. POSTAL SERVICE CERTIFIC....TE OF M....ILlNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVtDE FOR INSURANCE POSTMAS1ER . PS Form 3817, January 2001 u.s. POSTAL SERVICE CERTIFICATE OF M....ILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE~OSTMAS1ER R'(f'I'fu'f'1en, Baric & Scherer 19 West South Street Carlisle, PA 170:t3 Or.e piece of oro\r.ary mall addressed \()'. Commerce Bank/Harrisburg, N.A. 100 Senate Avenue Camp Hill , PA '701' PS Form 3817, January 2001 ." " c "' '" . ::I>OO ::::tl VJ g -~.", O--.l.....:D wO(l).....-u z:. -r-OD --l ~Wl"l"l VJ ", --< '" ." " " '" "' " ~~i:fl ~c::J co. ~~u::J (~c:::J -" u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAl\., DOES NO' PROVIDE FOR INSURANCE POSTMASTER,~S. Received From: lrBnw 1 BariC! ct Schuif Iq w~st Souttl Strt.tJ" C-arlislt.-1 01 11013 One piece of ordinary mail addressed to: I1E,N R(Y\RD mor~<\().JE- GroUp, '1J\C, 1\511 c...crK\a\') Or\'Jv \J(\CKSDn~i\\'V) fL ~~3,I)~ PS Form 3817, Mar. 1989 ." " c "' " . :I>al ?J tIl ::J: -,-0' OO-....l_D ~~~;aa~ -l .wm tIl ", --< '" '" '" '" '" "' " ~~< ... wt.J:J %c::t ... ~ " c "' '" ' :DCC :D tIl ox _r1J' OO....J....:O ~~~f!1a~ --l .wm tIl Q' --< '" ." '" " '" "' .p' ,nd of mt u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVID FOR INSURANCE POSTMASTER Received From: 01 &i'i:X\~ &'(10'* SchiffX' \ Wf.~t -Soutl1 ~trw- tLlr\is\t.) fA n D13 One piece of ordinary mail addressed to: ti1-"\ &11'\ 'A ~,PI, 10\ r.a'S1- S\l.~ ~1YUX -S11"l\X"/-. f(l\\s, SD -S1\()\ PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Received From: MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER o o o o a~~ ~::j "~ i ~ I~ :!; iil ~ ~. D' Eilw 1 60riCl ~ChU'1:X" \t'\ U)t-S-\' SO'IA-\'V\ Strt~ 0lr\ls\~ fA nD\~ On~ootf~~ ~eisc~o:of ewtra \ PS Form 3817, January 2001 U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT " PROVIDE FOR INSURANCE-POSTMASTER ,"" Aeceived From: DJ3Dttl) Sari v"*' SGh'Crif Iq Wc.st SoI1+tl 8Ttet Cllrlis\t., f'r:\ nO\3 One piece of ordinary mail addressed to: t.oe .J, S~\l)dtt( i>45 kumltton ~'\rat C.orhs\f, I PA 11 0\ 3 / ~. - , I. "1,, , ~l "c:'~ ..../ \Sl~ I Q' ~<= ~ ". '" CIl C') 3. _,;J_ ,00 ,Oo...,J-x. 'O'~WO(l:l-""tI c..) . -r-co Cl -l ~wm (1:1 ~)C:;:) tfi =u :ri ~. ~ ~ PS Form 3817, Mar. 1989 'p' " " 'd of ot " <:: :';' 7?'\\ .,,:..: " , (~J t> :(-~" I , Cp - -------- II 1'- ..... ORRSTOWN BANK, Plaintiff, V. LEE A. WOODALL, 21 WEST MULBERRY ROAD CARLISLE, P A 17013 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue a Writ of Execution in the above matter. Amount due: Interest from 09/01/04 to 12/29/04 (per diem of $6.67) Total BY: $51,451.74 $ 800.40 $52,252.14 ar:7la David A. Baric, Esquire !.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff ?i~ ~~ B ~ t-~ --....a 11( Co..> .{) ~ ...c:. --....;. w ---G -w... ::- ~ 1- w- !Iv :-0 V{ ~ ~ ~ cin..c\> cc()\)~ I I I ~?=- ",,::':f-~ , ro..:t- - . -;., J '^ n , ~,.~,,~~; - :..:;:j ~:-~ ;-\ .~ ~_..'" - - -" (.--:1 .. c...,) '-.0 II ..-- -\. CERTIFICATE OF SERVICE I hereby certify that on January \ \ ,2005, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lee A. Woodall 21 West Mulberry Road Carlisle, Penn Ivania 17013 David A. Baric, Esquire 1".,) c;_:) L.r1 ~_.- r.. C:~) C,.) \L WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4598 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From LEE A. WOODALL (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 $51,451.74 L.L. $.50 Interest FROM 9/1104 TO 12129/04 (PER DIEM OF $6.67) - $800.40 Atty's Corom % Due Prothy $1.00 Atty Paid $117.40 Other Costs Plaintiff Paid Date: JANUARY 11, 2005 (Seal) CURTIS R. LONG ~ . 0_ P 71zm/?/y. Deputy ./ REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, P A 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as ofthe date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Name and address of owners or reputed owners: Lee A. Woodall 21 West Mulberry Road Carlisle, Pennsylvania 17013 2. Name and address of defendants in the judgment: Lee A. Woodall 21 West Mulberry Road Carlisle, Pennsylvania 17013 II , I' 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 13 7 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 I( I Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRa Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Commerce Bank/Harrisburg N.A. 100 Senate A venue Camp Hill, Pennsylvania 17011 II ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania ] 70] 3 I I I I Robert B. Collins Collins Contracting Group 1 ]01 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. ] 00 Senate A venue Camp Hill, Pennsylvania ] 70] 1 ABN AMRO Mortgage Group, Inc. 7]59 Corklan Drive Jacksonville, F]orida 32258 'I I' 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: nJa 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: nJa I verifY that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of II 18:~ ~\so:~ rol'~g '0 ~~~f,l,ifi~~"o ~~ k Ii at David A. Baric, Esquire Attorney for Plaintiff da b.dir/orrstownbanklwoodaIl/3129.1.aff if . LEGAL DESCRIPTION ALL THA T CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mor particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet. a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 .-; '-- :!' "",:_- , ~ -ri ..-\ ji"; :;:;:.., C.' C,} \..;.',) !I ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE If ! AFFIDA VII OF SERVICE OF NOTICE PURSUANT TO ACT 91 I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notices required pursuant to Act 91 were mailed with certificate of mailing to the Defendant, Lee A. Woodall. II I' I I l:iID;;;"?IERER BY: David A. Baric, Esquire Sworn to and subscribed before me this I \ day of January, 2005. COMMONINEAL TH OF r:s.NNSY~ ANjf\ -----.-- ----"'l Notarial Seal I ,Jennifer S, Lindsay, Notary Public I Ganisle BOTO. Cumberland COunty My Commission Expires Nov. 29,2007 Member. Pennsylvania Association Of Notaries dab.dir/orrstownbanklwoodalllact91.aff ~_'4 Cd U." C) " i:-: ,:_~ ' - II ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFlDA VIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendant, Lee A. Woodall, is 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania 17013 and that the Defendant is the owner of the mortgaged property. O~:ltH2t BY: David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 11 DA Y OF JANUARY, 2005. 1~" COMMONWEALTH Q.F F'r~i'~NS !}.:.~S6. C--- Notarial See; I Jennifer S. Lindsay, No:a~Y _~:~UbiIC \ Carlisle Bora, Curnbenand l"ounty \ My ComrTli~~~<~pires ~.~~~~~~O!_~ MI2:~~)(;( (h,,.,.~~,,,i'I;_'r;,;; l\~'OG::_';lll,m:Y rlufCI:ws dab,diriorrstownbanklwoodalliaddress.aff r'~ r',_' ( "; -n ::-:-J ('II ....:.., C~~) ;';":', ,- :.1' -r: (;;} Co.) ""I) II . Ii NOTICE TO LIEN HOLDERS ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Lee A. Woodall. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 L ,) '. ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 You are hereby notified that on June 8, 2005, at 10: 00 A.M.~!Mil'prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Lee A. Woodall, No. 2004-4598, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Lee A. Woodall known and numbered 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15-1253-134. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. II You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to pr0:. t your interest, if an~, bX ing notified of said Sheriffs Sale. ! , /J /J DATE: \ \I OS tr' if t /, . David A. Baric, Esquire J.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff da b.dir/orrstown banklwoodall/3129sale.ntc II - LEGAL DESCRIPTION ALL THA T CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mor particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly comer of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South II degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in II and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. , PARCEL NO. 21-15-1253-134 1""'<,) C'": r-, ~n ::;:! Ul '..,- -",.. :;"', (;:? (h.~ \.f) I' ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL i 21 WEST MULBERRY ROAD ! CARLISLE, PA 17013, \ Defendant. i CIVIL ACTION-LA W MORTGAGE FORECLOSURE MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRiEN, BARlC i i I & SCHERER, and files the within Motion for Service Pursuant to Special Order and, in support I lthereof, sets forth the following: I 1. On January 11, 2005 Plaintiff filed a Praecipe For Writ Of Execution in this I I I ratter. t" 2 II . II I I I The Sheriff of Cumberland County was unable to make personal service upon the ! , fefendant at his residence at 21 West Mulberry Road, Carlisle, Cumberland County, ~ennSYlvania. ! 3. The occupants of the residence located at 21 West Mulberry Road, Carlisle, I qumberland County, Pennsylvania informed the Cumberland County Sheriffs Office that the i qefendant did not reside there. A copy of the Return Of Service prepared by the Sheriff of C~mberland County is attached hereto as "Exhibit A." , , I i'.. 4. On March 29, 2005, March 31, 2005 and April8, 2005 service was attempted by the Chester County Sheriff upon the Defendant at 1512 Windmere Place, # 305, West Chester, Chester County, Pennsylvania the address provided by the United States Postal Service. Service upon the Defendant was once again unsuccessful as evidenced on the Return of Service prepared by the Sheriff of Chester County, Pennsylvania which is attached hereto as "Exhibit A." 5. On or about April 5, 2005, Cpl. Michael Barrick with the Sheriff of Cumberland County, Pennsylvania posted the Writ of Execution and Notice of Sale on the Defendants residence located at 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order pursuant to Pa I i I I I Ii 'I II , i \1 I I , I R.C.P. 430 directing service of the Writ of Execution and Notice of Sale by regular mail- certificate of mail, certified mail by counsel for Plaintiff to Defendant and by posting on the defendants last known address by the Sheriff of Chester County, Pennsylvania. Respectfully submitted, EN, Bt\RIC & S~~ Wd. David A. Baric, Esquire 1.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank d b,dir/orrstown banklwoodalllspecialservice.mot I Air. 18. 2005 12:20PM Cumberland Co. Sheriff No. 1670 P. 2 Orrstown Bank VS Lee A. W oodal! In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4598 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Lee A, Woodall, but WolS Wlable to locate him in his bailiwick. The occupants at 21 West Mulberry Road, Carlisle, Cumberland Count, P A advised the defendant did not reside at that address. Sheriff Kline therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. CHESTER COUNTY RETURN: Attempted service at 1512 Windemere Place, #305, West Chester, PA 19380 on March 29, 2005, March 31, 2005 and April 08, 2005, but did not receive an answer. So answers: D'lle #15. Chester Counly return hereto attached, Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to Jaw, states that on April 05,2005 at 9:14 o'clock p,m., he posted a true and correct copy of the within Real Estate Wril, Notice of Sale, Description and Poster on the property owned by Lee A. Woodall located at 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania according to law. This _ day of so~~ R. Thomas Kline, Sheriff - Sworn and subscribed to before me 2005, A,D. Prothonotary B~k~JlMAjj, R Estate Deputy H EXliJBI7 A" - Apr, 18, 2005 i2:20PM Cumberland Co, Sheriff ,~ ~\1 nt </CUlllhel-1. ,,~~ tt"D ~111' R. lliOMAS KLINE Shoo" EOW~RO l, SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle. Pennsylvania 17013 March 01, 2005 TO: Hon. Carolyn Welsh Chester County Sheriff's Ofc. J 7 North Church St. Chester, P A 19380 {0 ANa, 1670/CP. 3 ;~~'~r~5~J RONNY R. ANDERSON Chklf Deputy JOOY S. SMITH SHERIFf'S COS"SS'8leDoputy ~ate ~/;!gr Paid R~:€ipt No. 29 ~ '3 '311.. 1,<t'1~ytns~lVlr.e. sjS/oS R~".'. ....- .. ~ ,~~ r..;,~ ~,"'- ~ .;; :I" th..., f ;;.., \'.< ~-.A.T' E ' i;$ f;M;'~ ;j. ,:';~ ~ ' .. _~.:g,:.: ~ ..... r;.~, -.,..14 :,'. --~.... -.' 'oa ~ RE: Orrstown Rank VS Lee A. Woodall Writ No. 2004-4598 Civil Real Estate Writ, Notice of Sale IDear Sir: 1)4 F.nclosed please find Real cr;e Writ, Noticc of Sale and Description , ~ to b~served upon Lee A. Woo~a 1512 Windcmere Place, Apt. 305, West Chester, PA 19380. Plca1\e serve on OT before May 6, 2005. Thank-you Kindly lJla.~e service thereof a.~d send LIS your return of service. ElIclosed is the advance payment whieh you requested. ?ir;~~ R. Thuma:; Kline, Sheriff Cumberland COUllty, Pennsylvania Enclosures: 3{'J~JO'(l, 3/31! e'f e l' c>o"....-v t 11- .1(7..0...... N/l 111" e {'cr..' I tV ( /ICV PTd€- 1<) CERTIFICATE OF SERVICE I hereby certify that on April 28, 2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion For Service Pursuant To Special Order, by first class U.S. mail, postage prepaid, to the party listed below, as follows: II I I I II II I Lee A. Woodall 1512 Windmere Place, # 305 West Chester, P Ivania) 938r / /J 0, /j David A. Baric, Esquire f:) C~ ~> ~:; c~~ :";'" ...< , (.oJ --c ;'w (J ~'\l ..-\ i~rl-':: rn t:"? (" 1'-) , ,") "., " '...~;; n ',..'> , .> ..;. ,. . "IV\'! RECEIVED MAY 05 200r' J ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE ORDER OF COURT AND now. this 0 day of "'-4.; , 2005 based upon the Motion of Rlaintiff for Order of Special Service it is hereby Ordered that Plaintiff shall make service of the 1}eal Estate Writ, Notice Of Sale and Description by certified mail, regular U.S. Mail-certificate of mailing by Attorney for Plaintiff and by posting on the defendants last known address by the Sheriff of Chester County, Pennsylvania pursuant to Pa.R.C.P. 430(b)(1). BY THE COURT, J. J C\;O OS,D 62 .(' "J 0- J [.Jd SOGZ I.~\ :J',,) ~ ------- ~ I ....... :1 I ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, P A 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Writ of Execution issued in the above-captioned matter. Respectfully submitted, OC:C21/a DATE: c /I~/~~ / David A. Baric, Esquire !.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I II Ii dab.dir/orrstown banklwooda II/reinstatewrit. pra II , II CERTIFICATE OF SERVICE I hereby certify that on May 16,2005, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to Reinstate, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lee A. Woodall 1512 Windemere Place, #305 West Chester, Pennsylvania 19380 I II II II I' I I II Ii I David A. Baric, Esquire CG0 ,-,,' 0("--";- <..-" <,::;! ,_"I ~ - , f"') ("C, AMENDED RETURN Orrstown Bank VS Lee A, Woodall In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4598 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Lee A. Woodall, but was unable to locate him in his bailiwick. The occupants at 21 West Mulberry Road, Carlisle, Cumberland Count, P A advised the defendant did not reside at that address. Sheriff Kline therefore deputized the Sheriff of Chester County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. CHESTER COUNTY RETURN: Attempted service at 1512 Windemere Place, #305, West Chester, P A ] 9380 on March 29,2005, March 3],2005 and April 08, 2005, but did not receive an answer. So answers: DTje #]5. Chester County return hereto attached. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2005 at 9:14 o'clock p.m., he posted a true and correct copy ofthe within Real Estate Writ, Notice of Sale, Description and Poster on the property owned by Lee A. Woodall located at 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania according to law. CHESTER COUNTY RETURN: On May 23,2005 at I :05 o'clock PM pursuant to order of court, the premises located at 1512 Windemere Place, #305, West Chester, P A 19380, being known as the last known address of the defendant, Lee A. Woodall, was posted to the front door a true and correct copy of the within Real Estate Writ, Notice of Sheriff's Sale, and Description. So Answers: D Tge #6. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Dave Baric. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Certified Mail Surcharge 30.00 23,50 15.00 ]5.00 15.00 3.70 9.12 20.00 Law Journal Patriot News Share of Bills Out of County Chester County Prothonotary 353.75 366.40 16.35 9.00 300.00 1.50 $1198.32 Sworn and subscribed to before me 2005, A.D. so~~~ .~ 1. ~ - c.t' R::Thomas Kline, Sh iff BY J()~~ Real Estate Sergeant < I,~ de..-SD94(" ~.I&~fIJ ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM v. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Name and address of owners or reputed owners: Lee A. Woodall 1512 Windemere Place West Chester, Pennsylvania 19380 2. Name and address of defendants in the judgment: Lee A. Woodall 1512 Windemere Place West Chester, Pennsylvania 19380 '" (.::',') c~, '~.n ...,-, ,,,, c.; , 1'0 -,., ::c (,'J 0,1:- C-', 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 , .' Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 !l I , ii I " ,i I " " I I, I' il 'I I, , , ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 701 East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 I 'I il I I ,I . j , 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Commerce BanklHarrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 170 II ABN AMRa Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce BanklHarrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 170 II ABN AMRa Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 70 I East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: nla 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: nla I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities., /J 717 OJIOJ/05. DA'A;.ii:; cA ~ate David A. Baric, Esquire Attorney for Plaintiff " " I: '. :1 II Ii i! i ., I dab.dir/orrstown banklwoodalVameoded3129.l.aff I .1 EXHIBIT "A" ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3,19999, and recorded August 17,19999, in Cumberland County Plan Book 79, Page 85, mor particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right- of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right-of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of 75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13, 2001 and recorded November 29, 2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. ,; !' if II 'I I, II il I I I II ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. ;i LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE " i: " I II I' ,j AFFIDAVIT PURSUANT TO RULE 3129.1 1, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth 'i " as of the date of the Praecipe for the Writ of Execution was filed the following information concerning , 'I Ii the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by Ii II ',i reference. " " " I; II I,i ,I I: ii ,. I! " ~ ! il ,. " I I, ii ,', !i " " II 'I I! !i 1'1 I' II Ii 1. Name and address of owners or reputed owners: Lee A. Woodall 21 West Mulberry Road Carlisle, Pennsylvania 17013 2. Name and address of defendants in the judgment: Lee A. Woodall 21 West Mulberry Road Carlisle, Pennsylvania 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRa Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 II II ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 [; " 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 I II " 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: nla 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: nla I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of :1 I". C.s. 4904 rel"ing to ~wom ",-"fi,.iom t"~'" .p ~ /J . 0' \I OS t:J1Ww t;. ( d,; at David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstownbanklwoodalV3129.I.aff ,I Ii LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase n dated February 12, 1999, last revised June 3,19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mor particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a : I radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of II Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 1 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a ii curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a II chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron " pin being the place of BEGINNING. !I " ;i Containing 0.564 acre. I' ,I I! BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated I' November 13,2001 and recorded November 29, 2001 in the Office of the Recorder Of Deeds in i and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed i unto Mark Sheely Builder, Inc. ii II , 'I PARCEL NO. 21-15-1253-134 " , , I ~ I II 'I. il Ii ., Ii 'I ',j !I I II I I I Ii :1 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 I) The premises which is the subject of this action and Notice of Sale is located at 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15- 1253-134 and described as follows: ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mor particularly bounded and described as follows: I BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly right-of- way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right-of- way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of37.36 feet, a radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right- of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. ii 'I I I I, " Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office ofthe Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. 2) If you have any questions concerning this Notice, you should contact your attorney. 3) The time and place of the Sheriffs Sale is June 8, 2005 at 10:00 a.m., in Carlisle, Pennsylvania. 4) The sale is being held on Judgment entered in Orrstown Bank vs. Lee A. Woodall, docketcd to 2004-459S in the Court of Common Pleas of Cumberland County. 5) The names of the owner or reputed owner is Lee A. WoodalL NOTICE OF SCHEDULING OF DISTRIBUTION 6) A schedule of distribution will be filed by the Shcriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thcrcaftcr. Respectfully submitted, BY: David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, P A 17013 (717) 249-6873 DATE: ;r /1' /O'!> f ' I II , dab.dir/orrstownbanklcumberlandholdings/amended-sale2.nte AMENDED NOTICE TO LIEN HOLDERS ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, jud~nt or~l~ liens against the real estate of Lee A. Woodall. -. ;.:. , ;! , Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 , " i Kim C. Revaigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 " , , " " Ii i! :! II Ii 'I Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 :i !i 'I i! Commerce BanklHarrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 1"".,' C::::l C:.;~' ('J'j ..,., r:-; CD I '" \1 ~"T ' c'''\ i 'I " ABN AMRa Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 70 I East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 You are hereby notified that on June 8, 2005, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Lee A. Woodall, No. 2004-4598, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Lee A. Woodall known and numbered 21 West Mulberry Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15-1253-134. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on July 8, 2005, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to 0. 0 t y~ur inter , if an~, eing notified of said Sheriffs Sale. (/. ~ DATE: Oa,/O;;'/DD ~ ' I . David A. Baric, Esquire J.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstowobanklwoodaIVameoded3129sale.otc , LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mor particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly comer of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of37.36 feet, a radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13, 2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder. Inc. PARCEL NO. 21-15-1253-134 hO :01 'V E - 933 ~OOl ,,'~ ',.:.:; i ,;.." '. ~_I.:).ldj8~~rtJ .:Uld3HS 3iU ";0 3::JU.:J0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4598 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From LEE A. WOODALL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attaclunent 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 ofthe defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $51,451.74 L.L. $.50 Interest FROM 9/1104 TO 12/29/04 (PER DIEM OF $6.67) - $800.40 Atty's Comm % Due Prothy $1.00 Atty Paid $117.40 Plaintiff Paid Date: JANUARY II, 2005 Other Costs Q~IS R. (Seal) prothoz ,--By: IV>. rl-P. 71t/l/kLr--- Deputy REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 Alnd<}G <},M~g: IB<}'M fP!Nf "pO fV'H SOOZ '170 A.IlltUq<}d :<}lBG 'U!<}l<}q P<}lBlOWOJU! <}JU<}l<}Pl S!ql Aq pUB l!lA\ S!ql ql!M p<}m "v" l!q!qXg: UO p<}q!lJS<}P AHIlJ <}lOW '<}JS!PBJ 'pBO'M W<}qlnw lS<}A\. JZ SB p<}l<}qwnu pUB UMOU)I Vd 'AWnOJ pUBp<}qwnJ 'd~qSUMOl X~S~IPP~W U! p~lBl1l!S All<}dold IB~l ~ql U! lS<}l<}lU~ S.lUBPU~J<}P ~ql uodn p<}!A~UJp<}qS ~ql SOOZ '17 A.IBtUq~d uo 10# ~JBS ~WlSg: JB~'M C\( :b V Z \ NVr ~OOl . .'\j '(lj8wn:l 'tJd '^l~r\()J \""1 '3JI.:l.:lO .:l.:lIB3HS 3\U _0 t,... ) E:Vif ~ =:;:, C:n:J ;~~.:;} ~. tJ' r~ ~ 1\' ~ ~ ~ r~ i(' 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 ofthe said Cumberland Law Journal on the following dates, VIZ: April 15, 22, 29, 2005 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. SWORN TO AND SUBSCRIBED before me this 29 day of April NOT IAL SEAL LOIS E. SNYDER, Notary Public Carlisle BolO. Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 1 Writ No. 2004.4598 Civil Orrstown Bank VS. Lee A. Woodall Atty.: David A. Baric LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania. being Lot No. 49. as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last re- vised June 3. 1999, and recorded August 17, 1999, in Cumberland County Plan Book 79. Page 85. more particularly bounded and described as follows: BEGINNING at an iron pin. lying in a westerly right-of-way line of Country Side Drive (50-foot right. of.way), and being a northerly cor- ner of Lot No. 77: thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly comer of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin. being a northerly comer of said Lot and ly- ing in a southerly right-of-way line of Mulberry Hill Road (50 foot-right- of-way); thence along said right-of- way. North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right- of-way. along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25.00 feet. and an arc distance of 42.19 feet to a point. lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right- of-way. along a curve to the right. having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of 75.32 feet, a radius of 225.00 feet. and an arc distance of 75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development. L.P.. by deed dated November 13. 2001 and recorded November 29. 2001 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Deed Book 249. Page 1828. granted and con- veyed unto Mark Sheely Builder. Inc. PARCEL NO. 21.15-1253-134. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Deonison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co.. a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and cbaracter of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book aM". Volume 14, Page 317. COpy S ALE #1 Sworn to an s PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 366.40 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sarne have been duly paid. By.................................................................... IlEAL E8'DlI'E SALE No. 01 Writ No. 2004 1598 eIvIITlItm 0-.. Bank v. LseA.~1 Ally: IloIvIcI A. BarIc DESCRlP1\ON .. ~ 1'IIA1' CF.KI'AIN UlICt of Iand.- in ~ TOWIISbip. Cumberland County. 1IrPY1Yaoia. beiDg Lot No. 49... shown.. the Plin _, Moadowbroot Farms Fmal _ Plan Phase II dated RebroaIy 12. 1999. last JeVised 1uDe 3. 1999. ond recooIed August 17. 1999. in CumberIaod County Plan BooI: 19. fI&e 85.1IJlR particnIarIy bounded ond _..fuIIows: BEGINNING at an iron pin, lying in a ......my ri8bl.of-way line of Coun1Iy Side Drive (SO fuot ri8bl.of.way). and biing a _Iy ccxoerofLotNo. 77; ~aIOIIg,saidLot,Soolh 62 dogrees 01 miDulp 02 -. _',189D6 1eet....ironpin.~WOSledy""""ofsaid Lot andlyto,g in.. easImIy line of Lot N..tiO; Ihea<:e aIoog said Lot. NCllIh 1J degrees .58 _ West. 12000 feq Ill" iron pin. being a lIlJItbedy_ofsaidLotlllldlyto,gin, 10IIIbeIIy ....of-way m.ofMDhly IIiIlIload (SO fuot"'slUf-way~ Ihea<:e oIooi said ri8JII.... __62 deps01 min"", 02-' 1!lit,187.73~"!_~ying~said"" of-way; Ihea<:e aIoog saidJi&lk>(4ay. aIoog a t\1lft i)the"';lIa'6llIa cl".U_III of_~.""16""""'1!IlI., _.......,of37.36...... .....ct25oo..... and.."", ....... e(A2J9....... poiDt,lyto,g ia a ..-!y .,ct~ SIdo~", (50 fuot ....of-wayl;_.... said.... of "'Y. _ 21, """,,'IY'-' 34 _ East. ...94....p>iDI;....liIIIIIiDuingaloogsaid rioII*waY....... _to the ri8JII. hoing. dDoI. ,......, ..ctSa06,U, .,......' 39_25 lIIiiiIl!l!<_a_,~.lIf7532Iict. a ..""I;lS.......,....diIlIPctYSM .,.. iIal ",_ .. pIoce of .... .....- ..' .056+..... :_.,.IlIIIIIG,...,..1'Bi!.=.';.,.,.'.....~1 ... .. .. ", it" , ..,' ' .. -~'..IIII:. PAIIaIL No.21.1S-12S3-134. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion for Service Pursuant to Special Order and, in support thereof, sets forth the following: 1. On January 11,2005 Plaintiff filed a Praecipe For Writ Of Execution in this matter. 2. The Sheriff of Cumberland County was unable to make personal service upon the Defendant at his residence at 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania. 3. The occupants ofthe residence located at 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania informed the Cumberland County Sheriffs Office that the Defendant did not reside there. A copy of the Return Of Service prepared by the Sheriff of Cumberland County is attached hereto as "Exhibit A" 4. On March 29, 2005, March 31, 2005 and April 8, 2005 service was attempted by the Chester County Sheriff upon the Defendant at 1512 Windmere Place, # 305, West Chester, Chester County, Pennsylvania the address provided by the United States Postal Service. Service upon the Defendant was once again unsuccessful as evidenced on the Return of Service prepared by the Sheriff of Chester County, Pennsylvania which is attached hereto as "Exhibit A." 5. On or about April 5, 2005, Cpl. Michael Barrick with the Sheriff of Cumberland County, Pennsylvania posted the Writ of Execution and Notice of Sale on the Defendants residence located at 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania. 6. This Court, Hess, J., issued and Order dated May 5, 2005 permitting special service. A true and correct copy of this Order is attached hereto as Exhibit "B". 7. Service was made upon the Defendant in accordance with the Order. 8. The real property of Defendant was scheduled to be sold at Sheriffs Sale on August 3, 2005. 9. On or about August 2,2005, Defendant filed for Chapter 13 Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania docketed to Case No. : 1-05,bk-05050. 10. The filing of the bankruptcy petition by Defendant caused the Sheriffs Sale to be stayed. 11. The Defendant's bankruptcy filing has been dismissed by Order dated October 24, 2005, France, J., a copy of which is attached hereto as Exhibit "C". 12. Plaintiff now seeks to execute upon the real property of Defendant. 13. Plaintiff requests it be permitted to make service ofthe writ of execution, Notice of Sale and Description of the property by certified mail, regular U.S. Mail-certificate of mailing by Attorney for Plaintiff with service deemed complete upon mailing and by posting on the Defendant's last known address by Sheriff of Chester County, Pennsylvania and that Plaintiff be permitted to make service of any and all other documents upon Defendant by certified mail, regular U.S. Mail-certificate of mailing by Attorney for Plaintiff service deemed complete upon mailing to Defendant's last known address. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order pursuant to Pa R.c.P. 430 directing service of the Writ of Execution, Notice of Sale and Description by regular mail-certificate of mail, certified mail by counsel for Plaintiff to Defendant service deemed complete upon mailing and by posting on the defendants last known address by the Sheriff of Chester County, Pennsylvania. and Plaintiff shall make service of any and all other documents upon Defendant by certified mail, regular U.S. Mail-certificate of mailing by Counsel for Plaintiff service deemed complete upon mailing to Defendant's last known address. Respectfully submitted, w?~. David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbanklwoodaIVspeclalservice2.mot .. .~or. 18. 2005 12:20PM Cumberland Co. Sheriff No. 1670 P.2 Orrstown Bank VS Lee A. Woodall In The Coull ofCoDlmOll Pleas of Cumberland CQIII\ty, Pelmsylvllllia . Writ No. 2004-4598 Civil Term R. Thomas Kline, Sheriff, who being duly swom ac<:ording to law, sCates be made a diligent search and iDquiry for the within IUUIlCd defendant, to wit: Lee A. Woodall, but was W14b1e 10 locate him in bi3 bailiwick. The ~ at 21 West Mulbeny Road, Carlisle, CumberJand Count, P A advised the defendant did not reside at that address. Sheri IT Kline tben:forc deputized the Sheriff of Chester County, Penll$ylvania to serve the within Real Estate Writ, Notice of Sale 8IId DesCription, according to law. CHESTER COUNTY RETURN: Attempted service at 1512 Wmdcmere Place, #305, West Cbester, PA 19380 on March 29, 2005, MardI 31, 2005 and April 08, 2005, but did not receive an answer. So answers: D1Je #15. Chester COWlty return hereto attached. Cpt. Michael Barrick, Deputy Sheriff, who being duly swom according to law, states that on April 05,2005 at 9: 14 o'clock p.m., he posted a true and correct copy of the within Real F.state Writ, Notice of Salc, Description and Poster on the property owned by Lee A. Woodall located. at 21 We.~t Mulberry Road, Carlisle, Cumberland County, Pennsylvania according to law. Sworn and subscribed to before me .' So~ 4.. R. Thomas Kline, Sheriil- This _ day of 2005, A.D. B~kf.:i.JvW.'ft, R Estate Deputy Prothonotary , -UIUBI7 A- -, ^, , ;If":::}t~,_,, ".'f-~~~~ ,'.." '- , Ap'i,18. 2005 12:20PM Cumberland Co. Sheriff .. ~~. ,~ 1<\ ot ~UIJJJi_ "..:~r. .,~l'~~ ~~y , ".6 .-t.... "'" -j' 'l\"'-<-~, ,. (,fJ ..~ . .~ ,. . ((~~i.,:' ~~, '/K,-, . ^ "II "~.. .. -. :!...b:: ~ :', .;. ~ ~I;. ~ R. n<<lMAS KlINE ShtrlII eowAAO l. SCHOAPP SoIl:llD< OFFICE OF THE SHERIFF One Coutlhouse Square Carlisle. Pennsytvanla 17013 March 01 , 2005 IStJ~~'~~~~JC~p.3 ;; ',' ., "':U .W.. ,0,"1 ~i..fi'!r$Jj.g~;~;~"~,, . ,,'- . RONNY R.AIIC.. ...llH . QlIII~ JOO't S. llUITH SHERIFF./S CO~DI!lIay ~at8~~ ~ R~:€jpt flo.1.f.W!:L 1~<t.tlYros"I'I1cI- S/5/05 R~. .. -.. ~~. . !tAl t~TATE TO: Hon. Carolyn Welsh Chester County Sheriff's Ofc. 17 North Church St. Chester, PA 19380 RE: Orrstown Rank VS Lee A. Woodall Writ No. 2004-4598 Civil Real Estate Writ, Notice of Sale Dcar Sir: ,,)~ Enclosed ple-c15e find Real ~e Writ, Notice of Sale and Description " :J, to be-served upon Lee A. Wood,a 1512 Windcmere Place, Apt. 30S, West Cbester, Pt\ 19380. Plcase serve on or before May 6, 2005. Thank-you Kindly make service thercof a..'ld send us your retum of service. Enclosed is the advance payment which you requestcd. vcr~~~ ;:"'j . . R. Thomas Kline, Sheriff Cumberland COWlty, Pennsylvania Enclosures: { I dO ~(~ -:lq o-r(t, .1 ,... 3 I ~ II ~o~ NIA' 3/:> I b'f = tdr ~ {"2.<1..71 ",;{ A0 )FTg?-- IS- UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: Lee A. Woodall d/b/a Woodall Enterprises Inc. Flkla Lee Woodall's Stadium 54 CHAPTER 13 CASE NO.: 1-4S-bk..()SOSO Debtor(s) ORDER DISMISSING CASE At Harrisburg, in said district, upon consideration ofthe Trustee's Motion to Dismiss Case for failure to file required documents and it having been detennined after notice and hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U .8. Bankruptcy Court. By the COIO't, ~a~ ~... ~ Dated: October 24,2005 This electronic order is signed and filed on the same date. "EXHIBIT C" 080225 L . .IO~31-0, f\1;,. I"" LI 'LU l'l"'t v U LWJ . i ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AND now, this _1th day of , 2005 based upon the Motion of I Plaintiff for Order of Special Service it is here Ordered that Plaintiff shall make service of the Ii Real Estate Writ, Notice Of Sale and Description by certified mail, regular U.S. Mail-certificate of mailing by Attorney for Plaintiff and by posting on the defendants last known address by the Sheriff of Chester County, Pennsylvania pursuant to Pa.R.c.P. 430(b)(I). d I BY THE COURT, ! Ii ,I " , : ~ " ,I 'I '; :i " il II I \ II II "EXHIBIT B" ~ CERTIFICATE OF SERVICE I hereby certify that on November~, 2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve acopy ofthe Motion For Service Pursuant To Special Order, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lee A. Woodall 1512 Windmere Place, # 305 West Chester, Pennsylvania 19380 :::4 David A. Baric, Esquire l~\ C r.-l ~'::;.::; C. -~ 13 .......:: \ c...;; -., ~ :7-'!1 f;')r-n -T~ 1,.~., "''-(' ),.'-} :-;:~":" - ~ ;"1 i ., , <.::~ (:") ~ '-o~ '~":q ..... I RJ?017"-V. ~.:;,"C,,-i "\...'__,,", '___'. ,......._ _ _J__.-' i > NOV (j 4 I IBY:_~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 20l'5 ~\ -J ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, P A 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE ORDER OF COURT AND now, this '1" day of IJ"",,-,... , 2005 based upon the Motion of Plaintifffor Order of Special Service it is hereby Ordered that service of the Writ of Execution, Notice of Sale and Description shall be made by regular u.s. mail-certificate of mail, certified mail by counsel for Plaintiff to Defendant service deemed complete upon mailing and by posting on the defendants last known address by the Sheriff of Chester County, Pennsylvania and Plaintiff shall make service of any and all other documents upon Defendant by certified mail, regular U.S. Mail-certificate of mailing by Counsel for Plaintiff service deemed complete upon mailing to Defendant's last known address pursuant to Pa.R.C.P. 430(b)(I). BY THE COURT, .Ad J. ~i ~ ~.. ' ~\~ [ 'P t r ~ Ai "'C'lr',," I" -.' ...J\ .. ' "':''i\~r''() 9Z :S Hd L - WrmOl NJ'r!li"/,;:-"-Jl",,"I-'\rl' 1'" U i....",..; ,,/; ~'-.;-::.~CJ ::;;"1.L ;!lJ :.!;";! _I ,!,~'~-'[\.:J~I!.I '_ '," ,,' '.1. .'_ 'I ". ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, PA 17013, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004-4598 CIVIL TERM CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Principal debt: Interestto 11/30/05: (per diem $9.01) Late Charges: Attorney Fees to 11/10/05 and through sale: Costs to 11/10105: TOTAL: dab.dir/orrstownbanklwoodaIVwritofexecution2. pra $48,032.22 ' $ 4,507.14 _ $ 900.00. $12,790.25 $ 1.988.35 $68,217.96 Respectfully submitted, David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff II ! I Ii 1\ CERTIFICATE OF SERVICE I hereby certify that on December ;;-. ,2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe For Writ of Execution, by first class U.S. mail, postage II prepaid, to the party listed below, as follows: II I ,I !I II Ii II I I i! i' II 'i Lee A. Woodall 1512 Windemere Place, Apt. 305 West Chester, Pennsylvania 19380 ~/~ David A. Baric, Esquire II I w 'W< ""I - ~\ ~, ,~ -<:) ~\ "'" -"'- '- ~ \ .::. ~\ - \'l ll\,. r:, 1'-' 00 0< ~'\ 1, '~ <:. "''- ;,t;> (0 :~:i tJ >,,' (,~-' ( A -5' r , '- ,,,i <'> " -J ..;,: ~) -, 'P, C-, --i " ( 1 "-' -L ('\...j ,.., ~ ...1: "' ,_ v- '"'"\ ~ lJ~~ ~ ';) J ~ <:;. ,~ .. ORRSTOWN BANK 77 EAST KING STREET SHlPPENSBURG, PA 17257, i' Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I' " I Ii LEE A. WOODALL II 21 WEST MULBERRY HILL RD Iii CARLISLE, PA 17013, Defendant. ,I ,I II " I! " il I NO. 2004-4598 CIVIL TERM V. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. I. Name and address of owners or reputed owners: Lee A. Woodall 1512 Windemere Place, # 305 West Chester, Pennsylvania 19380 2. Name and address of defendants in the judgment: I! Lee A. Woodall 1512 Windemere Place, # 305 West Chester, Pennsylvania 19380 ---:-r- - 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 I I: " II !, II " Ii iI " , , , ! Eric A. Garonzik clo Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 1 11 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRa Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 70 I East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric 1. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Hammel Associates Architects clo Kevin K. Carton, Jr., Esquire Powell Tractman 475 AUendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 I, II 4. I , Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik clo Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 13 7 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ,- ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 Ii II II I ,I , II II 11 il , I I 6. I i , , [ I I I I CitiBank, N.A. 701 East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Hammel Associates Architects clo Kevin K. Carton, Jr., Esquire Powell Tractman 475 Allendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: nla 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: nla I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to aut~oria 11.1dS- . I/Ia ate David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstowobanklwoodaI1l3129. I .aff 1,----- - - ,! EXHIBIT "A" Ii II ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3,1999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 8S, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (SO foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.3 6 feet, a radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (SO-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.S64 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office ofthe Recorder Of Deeds in and for Cwnberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 I'--~,' '"'"' "j I f'.) (,"I ., .4. NOTICE TO LIEN HOLDERS ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. I II 'I Ii " [I i' , I LEE A. WOODALL 21 WEST MULBERRY HILL RD CARLISLE, PA 17013, Defendant. MORTGAGE FORECLOSURE CIVIL ACTION-LAW NOTICE PURSUANT TO P A. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Lee A. Woodall. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik clo Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 -,:-" ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 70 I East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 I I I I II II II II Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Hammel Associates Architects clo Kevin K. Carton, Jr., Esquire Powell Tractman 475 Allendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 You are hereby notified that on March 8, 2006, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Lee A. Woodall, No. 2004-4598, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Lee A. Woodall known and numbered 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15-1253-134. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to pro Sheriffs Sale. / DATE: 1'd'!"J' /6e; (/ I t your i~tere if ;~eing notified of said t( /L' David A. Baric, Esquire J.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstown banklwoodalV3129sale.ntc '- ."" LEGAL DESCRIPTION ,I ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, !I Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Ii Subdivision Plan Phase II dated February 12, 1999, last revised June 3,19999, and recorded i August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (SO-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of37.36 feet, a radius of 2S.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (SO-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of7S.68 feet to an iron pin being the place of BEGINNING. Containing 0.S64 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13, 2001 and recorded November 29, 2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 '- , r".J -:-1 j",) (51 ~ ~ -. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY HILL RD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.C.P. 3129.2 1. The premises which is the subject of this action and Notice of Sale is located at 2 I West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15-1253-134 and described as follows: ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 1999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of CountlY Side Drive (50-foot right-of-way), and being a northerly comer of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly comer of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of- way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right-of- way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of37.36 feet, a radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right- of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. " -... BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 2. If you have any questions concerning this Notice, you should contact your attorney. 3. The time and place of the Sheriffs Sale is March 8, 2006 at 10:00 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The sale is being held on Judgment entered in Orrstown Bank vs. Lee A. Woodall, docketed to 2004-4598 in the Court of Common Pleas of Cumberland County. 5. The names of the owner or reputed owner is Lee A. Woodall. NOTICE OF SCHEDULING OF DISTRIBUTION 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, BY: David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, P A 17013 (717) 249-6873 DATE: Idt-q-Q5 da b.dir/orrstown bank/woodall/sa le.nte ..... LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mor particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.3 6 feet, a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. I I I II i' II 'I BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 - ,~) ., , i"'~ f') C'l " ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. I i LEE A. WOODALL i 21 WEST MULBERRY HILL RD ! CARLISLE, PA 17013, II Defendant. 'I , I CIVIL ACTION-LAW MORTGAGE FORECLOSURE , , , II II I , II to Act 91 were mailed with certificate of mailing to the Defendant, Lee A. Woodall. II I! 'I I, II II I I II I[ AFFIDAVIT OF SERVICE OF NOTICE PURSUANT TO ACT 91 I, David A. Baric, Esquire, attorney for Plaintiff, states that the Notices required pursuant :[:I;~ David A. Baric, Esquire Sworn to and subscribec,l before me thisllllQ day of December, 2005. [lr0.tl~ V. o/fsi~L Notary Public COMMONWEALrH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher. Notary Public Carlisle HoTO. Cumberland County My Commission Expires Anr. 17,2006 Member. Pennsylvania /':;sociation of Notaries dab.dir/orrstownbaoklwoodaIVact912.aff c'} "'_l) " ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY HILL RD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF ADDRESS I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendant, i Lee A. Woodall, is 1512 Windemere Place, # 305, West Chester, Pennsylvania 19380 and that I , II ~ . I David A. Baric, Esquire i SWORN TO AND SUBSCRIBED BEFORE ME THIS Jn~ DAY OF December, 2005. Ct(VL~ \t\ 1&;u/L Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~m~da L. Fisher, Notary Public Carlisle !30!O, Cumberland County My CommiSSion Expires ApT. 17, 2006 Member, Pennsylvania .Association of Notaries dab.dir/orrstown baoklwoodalVaddress2.aff 1 r...:; (n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL V ANlA) COUNTY OF CUMBERLAND) N004-4598 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From LEE A WOODALL 21 WEST MULBERRY ROAD, CARLISLE, P A 17013 (I) 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyoue 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$ 48,032.22 L.L. Interest TO INTEREST TO 11/30/05 (PER DIEM $9.01) $4,507.14 Atty's Comm %TO 11/10/05 $12,790.25 Due Prothy $1.00 Ally Paid $ 1328.G2 Other Costs LATE CHARGES $900.00 Plaintiff Paid Date: 12/02/05 COSTS TO 11/10/05 $1988.35 (Seal) By: Deputy REQUESTING PARTY: Name DAVID A BARIC, ESQ Address: 19 WEST SOUTH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 7172496873 Supreme Court ID No. 44853 if ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY HILL RD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. I. Name and address of owners or reputed owners: Lee A. Woodall 1512 Windemere Place, # 305 West Chester, Pennsylvania 19380 2. Name and address of defendants in the judgment: Lee A. Woodall 1512 Windemere Place, # 305 West Chester, Pennsylvania 19380 . ... 3. Name and address of every judgment creditor whose judgmf:nt is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik clo Joseph Hitchings, Esquire McShane & Hitchings, LLC 4807 Jonestown Road, Suite 242 Harrisburg, Permsylvania 17109 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Driw Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contra(:ting Group 613 Bluebill Drive Etters, Pennsylvania 17319 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 170 II ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, FJlorida 32258 CitiBank, N.A. 701 East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Hammel Associates Architects clo Kevin K. Carton, Jr., Esquire Powell Tractm~m 475 AlIendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 11 .... 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drivt: Carlisle, Pennsylvania 17013 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik clo Joseph Hitc:hings, Esquire McShane & Hitchings, LLC 4807 Jonestown Road, Suite 242 Harrisburg, Pelillsylvania 17109 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 I I II I I Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drivl~ Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 613 Bluebill Drive Etters, Pennsylvania 17319 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pelillsylvania 17011 il , ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 701 East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pelmsylvania 17105-3641 I I , i i , I !I 6. , Eric 1. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Hammel Associates Architects clo Kevin K. Carton, Jr., Esquire Powell Tractman 475 AlIendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: nla 7. Name and address of every other person of whom the plaintiff has knowledge who has I I I II knowledge or information and belief. I understand that false statements herein are made subject any interest in the property which may be affected by the sale: nla I verify that the statements made in this affidavit are true and correct to the best of my I a 1/5 /05 IDate "l'ifi~ti7;ii to the penalties of 18 Pa. C.S. 4904 relating to unswo David A. Baric, Esquire Attorney for Plaintiff dab.dir/orrstowo banklwoodaIV3129.I.aff II ~ EXHIBIT "A" ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12,1999, last revised June 3,1999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of37.36 feet, a radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South II degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. I BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated I November 13, 2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in II and for Cumberland County, Pennsylvania, in Deed Book 249, Page: 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 I, , " \ c II , ~ .... AMENDED NOTICE TO LIEN HOLDERS ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WESTMULBERRYHILLRD CARLISLE, P A 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Lee A. Woodall. Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik clo Joseph Hitchings, Esquire McShane & Hitchings, LLC 4807 Jonestown Road, Suite 242 Harrisburg, Pennsylvania 17109 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthous<~ Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 613 Bluebill Drive Etters, Pennsylvania 17319 " , .... Commerce BanklHarrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 170 II ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 701 East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Hammel Associates Architects clo Kevin K. Carton, Jr., Esquire Powell Tractman 475 Allendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 You are hereby notified that on March 8, 2006, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Orrstown Bank vs. Lee A. Woodall, No. 2004-4598, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle, Pennsylvania, real estate of Lee A. Woodall known and numbered 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15-1253-134. A description of said real estate is hereto attached You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County on , and distribution will be made in accordance with the Schedule unless exceptions arc filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to pro~o~ interest, . )an~ b~g notified of said Sheriffs Sale. ~ c ,'/"I( a.. DATE: 1J./16jOf> t(,. r ' David A. Barie, Esquire J.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstown baoklwoodalV3129sale.otc II ;1 I' .... LEGAL DESCRIPTION ALL THAT CERTAIN tract ofIand situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly corner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly corner of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a Cill'Ve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of37.36 feet, a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of 75.32 feet, a radius of 225.00 feet, and an arc distance of 75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page: 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 II ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY ROAD CARLISLE, P A 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE OF SALE UNDER P A.R.C.P. 3129.2 I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Notice of Sale Under Pa.R.C.P. 3129.2 was mailed to the following parties via certificate of mailing as evidenced on the United States Postal Service Certificate Of Mailing Receipts attached hereto. Respectfully submitted, ~?2711 Davia A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownbaoklwoodaIVmalling4.cer U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' One ?lece of o~inary ma, it addressed 10: , U n:srv iI\i n Bani< e~ !7B.,57 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER '" <~ ,~ '" PI ~ij ~~ as U " g~ cic;:) ,,- ::(..0 c.1O .h " n c: :oFi ~ en 3:. ,-riJ' aO"-..J_:t> ~~:=~Ci~ -lOI"""" (/) C -< '" ." " " " '" C) CJ n c 1l1J.,.IAI~<gtfl-"~ "I, V, n Il)l ,e..::: ~.~ 3: .-r-c' C")~ ON...,J.....:c C"J. C_l~(/)"""''1J ::LC ~. :i~t;;CJ~ dA-~ ,........ c. -< ~............, U1 i:I :D I'J :D Cl '" 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER One piece of ordinary mail addressed to BO\D!j2i1 of' w,ltsle 53 V st SOGtl-1 .sh-cc/:- Wrlisle. PA /70/3 / PS Form 3817, January 2001 " " " ,~ ~i~ .~I "~ .. ~ ~ !} ~~ <, g,E.B c;c:J ". ::LC c.~ ,. " n c: m" . :0("") :tJ (/) :J: .-,-0' Oc.-J....::O CN'::::lVl_-o z. .-rClD --I '(..J1Tl Vl o . -< '" ." " " '" '" ,I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMASTER ". Received From: Q'6nen So.nG <; &J.lerer6 ~ IAje.<J SDiJt~ ~I- l1.r/lsf,' PA liD i5 " One piece of ordinary mail addressed to: . Kim C e(.llo..~VI and La /{1 Ie.U1 D K (( p:< '3 VI 7 qordon Drivo ' C-arl ;5011" PA- 170!5 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER . Received From: O' Bnen Sane S' SCliiere..v -ti 1/\1 est So u tV! 5bte.t lr I ('sic P4 J7oi8 " g'E:;B Ci c:::J c.,.. ::c..o c.c:::J ., c, 000 p,"'" of e<';",'Y m,;' ,,,,,,,,,, to, A- ~!'E:A- Tax CJ 0. 1mB Jf'eYi U ~)~ C:WVl~rlo.nd Coun ~ CourCho ~~C) One. Courthouse:.:::4 11.1-0 CCH-! islt' fA 1'70/3 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE POSTMASTER . PS Form 3817, January 2001 <, gt;A- c;!O c,. ::~ c.t::) " ,~ ,~ " <~ ~~~ ~ ~ "~ ~~ U Q- Cl n c: en :t> . :on :tI (/) :J:: ,-r""'C. OCl..,J.....:O CN<';JV)_-o z. .-roo ...... .(JJfT1 (/) o. -< '" " :t> "' l\1 " " " <~ ~~~ .,~ "~ ~~ :!::..., U Q~ " n c: :oPi ~ v, :J:: -r""'C. OCl..,J......:O ~~:=~a~ ...... .(...,)1"1 (/) " -< '" " :t> :t> '" en g ~.~~ ~ ~~ ,.~ l\1 ~~ Cl n c: :o~ ~ en 3: .-r""tl. OChJ_:O CN,::)(/)_""tI z. ,-roo ...... .1....H.Tl (/) o. -< '" " :t> :t> '" en \l U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER PS Form 3817, Janual)' 2001 U . POSTAL SERVICE CERTIFICATE OF MAILING MA BE USED FOR DOMESTIC AND INTERNATIONAL MAIl" ~ PR VIDE FQR1NSURANCE POSTMASTER ./ .,' .--. ..-...,._~.... -.... PS Form 3817, January 2001 I I II \ U.S. POSTAL SERVICE CERTIFICATE OF MAILING Mf\Y BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE POSTMAS"TE;R, One piece of oroinary mail addressed to: flRN ,~NRO lV10d~~e- Group: 715(" Cor-Kia n' i '(- ,.Jocksonville Pi.- 3a,b8 , PS Form 3817, January 2001 J_J!-../ r'O it. f.>>'-, \, -n :! ':' f'...... ' -'-.:. "J;' , """., c, g'foAo ciO c,. ::t.C '-0 " .\ 'I Ii' c, giA- N.~jP ::c..o '-0 ", c, g~ ('<" ciO I J\ C,.. ::c..o :.0 ", ...j " n <= '" :p . :D\l :0 U'l ::J:: ,-r~_ ON.o.J......:;p C-'=-(/)_-o :z- ,-roo -I-i.-.lI"" (/) o . -< '" ." :p :p co '" " o o " III~J ~fhq '" n <= !i~ ~ UJ oc::>:::;C,i?' ~~,'=18i5~ -; 'l..JrTI Vl 3: ;, ~ '" co '" <, " '" <0 ~!~ ,~ ~" ," ~& '" n c:: Irq ~ 0, ,-,.". C).o.J.....:O N.:::1Vl....." - .-r-oo ...., -(..Jrtl Vl o. -< '" ." :p '" co '" II U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From" ~q~~~~r~~~C'~(.' Car! iSle :It 170i3' One piece of ordinary mail addressed to: OntunK N A 70i Ea.s\-'..5iX.11ti stred:: SOU;( Faii so 57iOl PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING I I I ! I I i, I , , MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: o '~cn &UlC '; SC~ IQ 'est 2>CUt:V] .s ty"~~, Lo..rI isle- 7 " P,00<' II II ,I Ii 17105- .2,k,'1 I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received F rom :~;" O'Sne() Bane s .s.ef~\ iCJ V\Jest'.'SDlJti1 _\~et G " lisle P.A 17013 \, One piece of ordinary mail addres;sed 10: tIlG.J SlrJ ,nc\lu 1)'15 Harvi Ii ton Street- Cad ISle, Ph 17013 PS Form 3817, January 2001 " ~~'E:A- ;:;c::J C~. ::LC :.0 J. 0' g'tR- 0;0 e,. ::LC :.0 J. 0' g .E;;A- cic::J D' ::LC :.10 " " " <" " H~ ~~ ::;.... !J ~~ ~ ~ f= ::on jJ C/1 ~ ,-,"1:). 00.-..1......::0 CNI:=IV)......-a z. '-;-00 -l.I....J1Tl C/1 ". -< '" " '" '" 00 '" '" ,~ '" ,~ ~~~ "~ $ ~ H " " ~:!l o " c '" '" . :t>n :D VI :I: .-,"'tI. aO...J.....:t> CN';:)(I)_-a z. '-roo -l ~I.oJl'T1 en ". -< '" " '" '" '" '" " <~ ,~ ,~ ai~ ~::; " ~ u~ one '" '" . :I>n ::0 en ::J: .-,-c. oo'...,)_:!> CN.:=I(IJ......""tl z. '-,OD -l ~1"'1'T1 en ". -< '" " '" '" '" '" il U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From onePieceofQrd(f\arymaWaddre~st:kto:' \..' C).1~\1 (j" Hc,(Y)fY]e,i .1\.s:Sn'G.1C1re,' /\I~,~ ,~ <Ie Kevli'l K. H-nJ,,~ ,'~ Pc.vved (ractTY1Ctr\ \ - 47S Itllendaie Rood I 5J,1e aoo , Prvs,;/ Q pA- ! No I \ II c:' g'EA- c;t:::) c,. ::<..0 L t::) " o o o '0 8<~ ~~ ~~ ~~ ,. ~ ,'!: '" n c In" . ~(""),-f2,,~ O(::hJ.....~ CN.:::>(/)_-o z. .-r-oo -l ~IAlm U1 "'. -I '" " " " '" In \ I \ -0 n' :z 2' (I -< ~- ',}--., :;-:.,: "'- See (') c "" '..' ~~~; .-, ;r, ::0 , r- rn (,'-'J .~ r....:' :",) [-- '! ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4598 CIVIL TERM V. LEE A WOODALL 21 WEST MULBERRY ROAD CARLISLE, P A 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, I of Sale Under Pa.R.C.P. 3129.2 and Description, were mailed to the Defendant via U.S. Certified I I, David A. Baric, Esquire, Attorney for Plaintiff, state that the Real Estate Writ, Notice Mail and U.S. Regular Mail-Certificate Of Mailing as evidenced on the receipts attached hereto. Respectfully submitted, , RlEN, BARIC & S..i"R - nA. David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownbanklwoodaIVmailing5.cer -<. ' " ;~ ;.~"> ""'...;; ;, ') ... ,,<) c-...'Y '. ~' ,..,., , .' j~"~~ .:y' ('..:1 ,........ ,) .,'';> . , ,C "i \ 1 1 , ) - ~\ ~ "J~, . 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"\ '" ~ s; co :; ~ g '" " '" 0 ~ ~ c; '"' c "" ;) ;~ ~ ~ :-' ~ . , 0 ~ ~ o ~~; --~~- C::OO~~ 2:,-1 UJ rn c:: ~oc:::'&"'" ~~~~~ ~~~~rM ~~;C=~ ~~,.~e; ~1"I'l2:":O ~""cn~-= ;>>1:1:I-4 rrl c:J"P~~~ 0"'- ~~ '" '" % 0 o o -' '" '" '" :2,.....r- rn<J'tn (fl~tn .:....j :2, ?>' 0-:2, :J:ZO tnOo ~~o rntn~ ?J~r- -C-c ~t; Zo ~rn ~~ ~g :;:; ..... <D v> <:fJ o ~ '~~~ 0\ l\ CJ - ...~ o ~> I:) Q:o' ~ c, - - \ \ c> ~ ~ ~ ' .~ :vn I tJ'l g"",.... ~ '.-:;U;]" Q ~~r-~ ,~, ....."'Cl~ \ ~CIJ: .-\ .\.,):.0 ~ ~o Z/I:P~ \ ., ~ ~~ c <1;1) g, 8m "1) me 0 ~<I> '" ~~ :-l, z'" "? g~ ~ ~g ~ ~~ Q m<l> ,.. ,~ ~1i "\" "a t;- ~" 0 ~'i "' ~ ~ ~ 1; J'. (\ ~ ~ "' , 0 - g H m ~ <I> ? 5, r" ~ % Gl ;"1 Z\_n~~lOOO /"--;' ...,~o(J nc:' n~ ../ ..) \ ' UO u~ . ;'y ~1I..,d~1~ f.~J./IIl(l. tNf1Q\lIi. ve so.'" :1'10 t,10L,\ ~d"'1S\1\l~:l ',' oWd '. 3~~lSOd 'S'('I - ( ) -;'; -+-1 ^ , , ~ l..C' Orrstown Bank VS Lee A. Woodall The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4598 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Lee A. Woodall, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Chester County to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. CHESTER COUNTY RETURN: Now, December 28,2005 at 12:46 o'clock PM, served the within Real Estate Writ, Notice of Sale, and Description upon Lee A. Woodall, defendant, at 1512 Windemere Place, #205 by posting a true and correct copy to the front door pursuant to order of court. So answers: T. Miller, Deputy Sheriff of Chester County, Pennsylvania. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2006 at 8:17 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lee A. Woodall, located at 21 West Mulberry Hill Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Lee A. Woodall, by regular mail to his last known address of 1512 Windemere Place, #305, West Chester, PA 19380. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned Stayed per instructions from attorney David Baric. Sheriff s costs: Docketing Poundage Posting Bills Advertising Prothonotary Mileage Certified mail Levy Postpone Out of County Chester County Surcharge Law Journal Patriot News 30.00 22.24 15.00 15.00 1.00 4.40 4.64 15.00 20.00 9.00 25.35 20.00 437.00 410.00 Share of Bills Total: SO?~ ~ R. Thomas Kline, Sheriff BY doililS~ Real Estate Sergeant 21.05 1049.68 ./ if (, J :z. 'l/ IJL \.0-0 ,.l.I';;J'" U:j" ~ "l .'11 u& ,7l)1JV ... . ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY HILL RD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, David A. Baric, Esquire, attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference. 1. Name and address of owners or reputed owners: Lee A. Woodall 1512 Windemere Place, # 305 West Chester, Pennsylvania 19380 2. Name and address of defendants in the judgment: Lee A. Woodall 1512 Windemere Place, # 305 West Chester, Pennsylvania 19380 !i . . 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 701 East Sixth Street Sioux Falls, South Dakota 57101 " !i , Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 :i :i I II II ~ Hammel Associates Architects c/o Kevin K. Carton, Jr., Esquire Powell Tractman 475 Allendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 . . 4. Name and address of the last recorded holder of every mortgage of record: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 Commerce Bank/Harrisburg N .A. 100 Senate Avenue Camp Hill, Pennsylvania 17011 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 5. Name and address of every other person who has any record lien on the property: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Eric A. Garonzik c/o Joseph Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033 Carlisle Borough 53 West South Street Carlisle, Pennsylvania 17013 Kim C. Raraigh and Cathleen D. Raraigh 7 Gordon Drive Carlisle, Pennsylvania 17013 , i " Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Printed Image 137 North Hanover Street Carlisle, Pennsylvania 17013 , i I' :1 Ii Robert B. Collins Collins Contracting Group 1101 Lindham Court, Building 502 Mechanicsburg, Pennsylvania 17055 Commerce Bank/Harrisburg N .A. 100 Senate A venue Camp Hill, Pennsylvania 17011 ABN AMRO Mortgage Group, Inc. 7159 Corklan Drive Jacksonville, Florida 32258 CitiBank, N.A. 701 East Sixth Street Sioux Falls, South Dakota 57101 Sysco Food Service of Central Pennsylvania 3905 Corey Road P.O. Box 3641 Harrisburg, Pennsylvania 17105-3641 Eric J. Swindler 845 Hamilton Street Carlisle, Pennsylvania 17013 Hammel Associates Architects c/o Kevin K. Carton, Jr., Esquire Powell Tractman 475 Allendale Road, Suite 200 King Of Prussia, Pennsylvania 19406 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: n/a 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject ate David A. Baric, Esquire Attorney for Plaintiff :1 dab.dir/orrstownbank/woodalI/3129.1.aff . EXHIBIT "A" ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 1999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Driye (50-foot right-of-way), and being a northerly comer of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly comer of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 :\J~\! !.'tL: -Ii '-,. '" :.' .....1 ".. ,.J """ SZ :( d q- 330 SIZ Vd f)dNn03 ClN'V'l(l38WnO .:UI~3HS 3Hl .::.lO 331.::.l.::.l0 .' .... ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004-4598 CIVIL TERM V. LEE A. WOODALL 21 WEST MULBERRY HILL RD CARLISLE, PA 17013, Defendant. CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SALE UNDER PENNSYLVANIA R.c.P. 3129.2 1. The premises which is the subject of this action and Notice of Sale is located at 21 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, with a parcel number 21-15-1253-134 and described as follows: ALL THAT CERTAIN tract ofland situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 1999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly comer of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly comer of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly right-of- way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right-of- way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of37.36 feet, a radius of25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right- of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of 75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. oJ BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13, 2001 and recorded November 29, 2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134 2. If you have any questions concerning this Notice, you should contact your attorney. 3. The time and place of the Sheriffs Sale is March 8, 2006 at 10:00 a.m., in the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. The sale is being held on Judgment entered in Orrstown Bank vs. Lee A. Woodall, docketed to 2004-4598 in the Court of Common Pleas of Cumberland County. 5. The names of the owner or reputed owner is Lee A. Woodall. NOTICE OF SCHEDULING OF DISTRIBUTION 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after the Sheriffs Sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, BY: David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, P A 17013 (717) 249-6873 DATE: IfA-a.-05 dab.dir/orrstownbanklwoodalllsale.ntc .: """. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last revised June 3, 19999, and recorded August 17, 19999, in Cumberland County Plan Book 79, Page 85, mar particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right-of-way), and being a northerly comer of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly comer of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly right-of-way line of Mulberry Hill Road (50 foot-right-of-way); thence along said right- of-way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right-of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of75.32 feet, a radius of225.00 feet, and an arc distance of75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13,2001 and recorded November 29,2001 in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and conveyed unto Mark Sheely Builder, Inc. !: PARCEL NO. 21-15-1253-134 , . . sz :t d q- 330 SOIZ \fd 'AH,fl03 ON'Vltl38Wn~ ~.:UH3HS 3Hl .:!O 3:J1.:!.:!O WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-4598 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From LEE A WOODALL 21 WEST MULBERRY ROAD, CARLISLE, P A 17013 (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 48,032.22 L.L. Interest TO INTEREST TO 11/30/05 (PER DIEM $9.01) $4,507.14 Arty's Corum %TO 11/10/05 $12,790.25 Due Prothy $1.00 Atty Paid $ 1328.02 Other Costs LATE CHARGES $900.00 Plaintiff Paid COSTS TO 11/10/05 $1988.35 Date: 12/02/05 (Seal) By: Deputy REQUESTING PARTY: Name DAVID A BARIC, ESQ Address: 19 WEST SOUTH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 7172496873 Supreme Court ID No. 44853 " ~,~ ( " f :. 'j\: i... .. ( ~.~) "3: ~" Real Estate Sale # 55 On December 22, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 21 West Mulbeny Hill Road, Carlisle, more fully described on Exhibit "A" Date: December 22,2005 By:\j t chf .5rnJ17 Real Estate Sergeant ~ CViI ~ c::::::a CW IiViJ filed with this writ and by this reference incorporated herein. ~sa I( d q- 3)0 .. ~ J'A,u\NHOS03:l ON V 1~38WnO ~;J Q.;:l Hi ..JO 3JI.:HO ( . .: ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. Sworn to and subscribed before ~/ PUBLICATION COpy S ALE #55 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 " .~. ,.....~~:. . /~,.,t~., P1Z,JuF OF PUB.. JCATION OF NOTICE . , C:UMI3ERI.\.ND LAW JOURl\AL (Under,. ,"Jo, 5'67, apll'oved May 16,1929), P. L.1784 STATE OF PENNSYLVA. ..\ : COUNTY OF CUMBERl, Lisa Marie Coyne, ; State aforesaid, being duly s Journal, a legal periodical pL. was established January ~. periodical for the publicatic); issued weekly il1 the said (' exactly the same as was prii Journal on the following daLL VIZ: ss. ;1) : quire, EditOl,)f the Cumberland Law Journal, of the County and ,Jln, accordin, to law. deposes ane! says that the Cumberland Law :shed ill the 1', lrough ofCarlislc in the County and State aforesaid, lJS2, and dl'.ignated by the local courts as the official legal I' alllcgal I1C ices, and has, since January 2, 1952, been regularly ,Ii ty, and tll<11 the printed notice or publication attached hereto is cl in the regu tar editions and issues of the said Cumberland Law January 20, ,. . l~ebn111ry 3, 006 Affiant further dcpu Law Journal, a legal periodl matter of the 11 (oresaid 11U statements as to linlL' pldc'~'" that he is aulilOrizecl to verify this statement by the Cumberland . of genera] c,:eulation, and that he is not interested in the subject ',,' or advert Jement, and that a II allegations in the foregoing , ,'l1aracter 01 ,!ublication are true. ~ - S NORN TO AND SUBSCRIBED before me this 3 day of February, 2006 4v:.!;~!~t REAL ESTATE SALE NO. 55 Writ No. 2004-4598 Civil Orrstown Bank vs. Lee A. Woodall Atty.: David A. Baric LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 49, as shown on the Plan entitled Meadowbrook Farms Final Subdivision Plan Phase II dated February 12, 1999, last re- vised June 3, 1999, and recorded August 17, 1999, in Cumberland County Plan Book 79, Page 85, more particularly bounded and described as follows: BEGINNING at an iron pin, lying in a westerly right-of-way line of Country Side Drive (50-foot right- of-way), and being a northerly cor- ner of Lot No. 77; thence along said Lot, South 62 degrees 01 minutes 02 seconds West, 189.06 feet to an iron pin, being a westerly comer of said Lot and lying in an easterly line of Lot No. 60; thence along said Lot, North 27 degrees 58 seconds West, 120.00 feet to an iron pin, being a northerly comer of said Lot and ly- ing in a southerly right-of-way line of Mulberry Hill Road (50 foot right- of-way); thence along said right-of- way, North 62 degrees 01 minutes 02 seconds East, 187.73 feet to a point, lying along said right-of-way; thence continuing along said right- of-way, along a curve to the right, having a chord bearing of South 69 degrees 38 minutes 16 seconds East, a chord distance of 37.36 feet, a radius of 25.00 feet, and an arc distance of 42.19 feet to a point, lying in a westerly line of Country Side Drive (50-foot right-of-way); thence along said right-of-way, South 21 degrees 17 minutes 34 seconds East, 19.94 feet to a point; thence continuing along said right- of-way, along a curve to the right, having a chord bearing of South 11 degrees 39 minutes 25 seconds East, a chord distance of 75.32 feet, a radius of 225.00 feet, and an arc distance of 75.68 feet to an iron pin being the place of BEGINNING. Containing 0.564 acre. BEING THE SAME PREMISES which Worthington Development, L.P., by deed dated November 13, 2001 and recorded November 29, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 249, Page 1828, granted and con- veyed unto Mark Sheely Builder, Inc. PARCEL NO. 21-15-1253-134.