HomeMy WebLinkAbout05-2354FJ81LES1DA5AFILEVGenem?CUrteRV0070_ L co 2/dg
C,mmd 4113105 831AM
Revised. 5/5/05 3.52PM
10070.1
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN,
Plaintiff
V.
D. CURTIS WISER & TERRIE A.
WISER, H/W,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
411-
NO. C
) A5 CIVIL
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 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
WILLIAMS & OTTO
Dated: May 5, 2005
By ?
David R. Galloway, E:
I. D. Number 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
F'WILESV ATAHLEAGe eraDCuantA 100701 co 2/drg
C. W 4/13/05 831AM
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1W OI
David R. Galloway, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. CIVIL
D. CURTIS WISER & TERRIE A.
WISER, H/W,
Defendants. MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes Plaintiff, NENA E. CHAPMAN, by and through her attorneys,
MARTSON DEARDORFF WILLIAMS & OTTO, and files this Complaint in Mortgage Foreclosure
upon the following:
1. Plaintiff is Nena E. Chapman, a widow and adult individual who resides at 1300
Center Road, Newville, Cumberland County, Pennsylvania 17241.
2. Defendants, D. Curtis Wiser and Terrie A. Wiser, are adult individuals and husband
and wife with a last known address of 1100 Green Springs Road, Newville, Cumberland County,
Pennsylvania 17241.
3. On August 21, 2000, Defendants, as Mortgagors, granted unto Plaintiff and Plaintiff's
husband George W. Chapman, deceased, as Mortgagees, a certain Mortgage and entered into a
certain Mortgage Note of the same date, for the repayment of a principal debt of Three Hundred
Thousand Dollars ($300,000) pursuant to the terms and conditions of said Mortgage and Mortgage
Note, which obligation was secured by a commercial property known as and numbered 399 Carlisle
Road, Newville, Cumberland County Pennsylvania 17241 (hereinafter "Premises"); a copy of the
Mortgage, as recorded in Cumberland County Mortgage Book 1633, Page 575, is attached hereto,
marked Exhibit "A" and incorporated herein by reference. A copy of the Mortgage Note is attached
hereto, marked Exhibit "B" and incorporated herein by reference.
4. The Mortgage has not been assigned.
5. Defendants are the real owners of the Premises and Plaintiff knows of no other
persons holding an ownership interest in the Premises.
6. Defendants are in default of the Mortgage Note and Mortgage in that they, inter alia:
a) have not made a monthly payment since February 11, 2005, in violation of
Section 3 of the Mortgage Note;
b) failed to insure the Premises against loss by fire and other casualty, in
violation of Paragraph 2 of the Mortgage, causing Plaintiff, at her expense,
to insure the Premises;
C) failed to pay taxes in violation of Paragraph 2 of the Mortgage causing a tax
lien in the amount of $8,033.46 to precede the Mortgage.
7. Because of the aforementioned defaults, there is now owing a principal balance,
together with accrued interest, insurance premium and attorney's fees as follows:
Principal and Interest through
April 13, 2005, (Interest Rate = 6.22%): $240,269.88
Insurance Premium from March 18, 2005,
through March 18, 2006: $ 5,429.81
Attorney's Fees (15%): $ 36,854.95
Total Due: $282,554.64
Plus Interest from April 14, 2005,
at $40.52 per day until this debt is satisfied: $
8. The Mortgage attached as Exhibit "A" is not a residential mortgage under the
provisions of the Act of January 30, 1974, P.L. 13, No. 6, § 101, et seq., 41 P.S. § 101, et seq., as
amended.
9. As of April 13, 2005, the amount due and owing to Plaintiff from Defendants is Two
Hundred Eighty-Two Thousand Five Hundred Fifty-Four & 64/100 Dollars ($282,554.64) with
interest accruing thereafter at $40.52 per day until paid in full, plus costs of suit.
WHEREFORE, Plaintiff demands Judgment be entered against Defendants in the sum of
Two Hundred Eighty-Two Thousand Five Hundred Fifty-Four & 64/100 Dollars ($282,554.64) plus
interest from April 14, 2005, at $40.52 per day, until paid in full, plus costs of suit.
MARTSON DEARDORFF WILLIAMS & OTTO
By
David R. Galloway'
I.D. No. 87326
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: May 4, 2005 Attorneys for Plaintiff
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VERIFICATION
The foregoing Complaint in Mortgage Foreclosure is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Z4?K (? ? ?7 ,/
Nena E. Chapman
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CASE NO: 2005-02354 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHAPMAN NENA E
VS
WISER D CURTIS ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
WISER D CURTIS
the
DEFENDANT , at 1938:00 HOURS, on the 10th day of May , 2005
at 1100 GREEN SPRINGS ROAD
NEWVILLE, PA 17241
TERRIE WISER, WIFE
was served upon
by handing to
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 18.00
Service 10.36
Postage .37
Surcharge 10.00
.00
38.73
So Answers:
R. Thomas Kline
05/11/2005
MDW&O
Sworn and Subscribed to before By:
me this 13 A, day of
YlL 005 A.D.
^Prothonotary
SHERIFF'S RETURN - REGULAR
• CASE NO: 2005-02354 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHAPMAN NENA E
VS
WISER D CURTIS ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
WISER TERRIE A
DEFENDANT
the
, at 1938:00 HOURS, on the 10th day of May , 2005
at 1100 GREEN SPRINGS ROAD
NEWVILLE, PA 17241 by handing to
TERRIE WISER
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
w
me this i,? day of
`Yl t.,x ,Z Cv i?. A. D.
Prothonotary
So Answers:
"y
f ? ,P
R. Thomas Kline
05/11/2005
MDW&O
By:
Deputy Sheriff
n
p
David R. Galloway, Esquire n
Attorney I.D. No. 87326 -
MARTSON DEARDORFF WILLIAMS & OTTO -
Ten East High Street o
_
Carlisle, PA 17013 _ m
(717) 243-3341
Attorneys for Plaintiff <
NENA E. CHAPMAN IN THE COURT OF COMMON PLEAS O
Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A
V.
D. CURTIS WISER & TERRIE A.
WISER, H/W,
Defendants
NO. 05-2354
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: TERRIE A. WISER, DEFENDANT
You are hereby notified that on August 0 2005, the following Judgment was entered
against you in the above-captioned case as follows:
Principal, interest and insurance premium through April 13, 2005: $245,699.69
Interest from April 13, 2005, through August 10, 2005: 4,821.88
Attorneys' fees: 36.854.95
Total Judgment: $287,376.52
Costs of suit and interest accruing at $40.52 per day from August 10, 2005, shall be added
to the Judgment for Defendant's failure to file an Answer to the Complaint.
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Mrs. Terrie A. Wiser
1100 Green Springs Road
Newville, PA 17241
MARTSON
WILLIAMS & OTTO
Date: August 10, 12005 Attorneys for Plaintiff
David R. Galloway, Esquire
Attorney I.D. No. 87326
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN IN THE COURT OF COMMON PLEAS OF
Plaintiff
V.
D. CURTIS WISER & TERRIE A.
WISER, H/W,
Defendants
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2354
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
TO: D. CURTIS WISER, DEFENDANT
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on August _, 2005, the following Judgment was entered
against you in the above-captioned case as follows:
Principal, interest and insurance premium through April 13, 2005: $245,699.69
Interest from April 13, 2005, through August 10, 2005: 4,821.88
Attorneys' fees: 36.854.95
Total Judgment: $287,376.52
Costs of suit and interest accruing at $40.52 per day from August 10, 2005, shall be added
to the Judgment for Defendant's failure to file an Answer to the Complaint.
Prothonotary
I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
Mr. D. Curtis Wiser
1100 Green Springs Road
Newville, PA 17241
MARTSON
k
WILLIAMS & OTTO
David R. Galloway`
Date: August 10, 12005 Attorneys for Plaintiff
F\PILES\DATAFILE\C eral\Cunend10070 I peal/nlm
Created'. 8/10/05 10: 12AM
Revised 8110105 II:41AM
10090 1
David R. Galloway, Esquire
Attorney I.D. No. 87326
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN IN THE COURT OF COMMON PLEAS OF
Plaintiff
V.
D. CURTIS WISER & TERRIE A.
WISER, H/W,
Defendants
TO THE PROTHONOTARY:
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2354
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
Enter default judgment in the above-captioned action in favor of Plaintiff and against
Defendant as follows:
Principal, interest and insurance premium through April 13, 2005: $245,699.69
Interest from April 13, 2005, through August 10, 2005: 4,821.88
Attorneys' fees: 36.854.95
Total Judgment: $287,376.52
Costs of suit and interest accruing at $40.52 per day from August 10, 2005, shall be added
to the Judgment for Defendant's failure to file an Answer to the Complaint.
I do hereby certify that a written notice of intention to file this Praecipe (in the form attached
hereto) was mailed to Defendant at his/her last known address on July 26, 2005, which date was
subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe.
TSON D F WILLIAMS & OTTO
n
B 7y
David R. alloway
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 10, 2005 Attorneys for Plaintiff
NSFIIF SID ATA I'II_FIG1111- IM ILI 100)0 LnntI,Nm
Create: 71'_o/01 114701
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Inmu 1
David R. Galloway, Esquire
I.D. Number 87326
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-2354
D. CURTIS WISER & TERRIE A. CIVIL ACTION-LAW
WISER, HlW,
Defendants JURY TRIAL OF TWELVE DEMANDED
TO: D. CURTIS WISER & TERRIE A. WISER, Defendants
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
v APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
O JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone:(717) 249-3166
MARTSON DEARDCF LLIAMS & OTTO
By
David K. Galloway, Esquire T
I.D. 87326
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: July 26, 2005 Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of MARTSON DEARDORFF WILLIAMS &
OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Mr. D. Curtis Wiser
Mrs. Terre A. Wiser
1100 Green Springs Road
Newville, PA 17241
MARTSON DEARDORFF WILLIAMS & OTTO
sy
Nichole L. Myers
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 10, 2005
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Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER, :
husband and wife : MORTGAGE FORECLOSURE
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
NENA E. CHAPMAN, Plaintiff in the above action, sets forth as of the date the praecipe for
the Writ of Execution was filed the following amended information concerning the real property
located at 399 Carlisle Road, Newville, Cumberland County, Pennsylvania (a copy of the description
is attached hereto):
1. Name and address of owners:
Terri A. Wiser
314 North Baltimore Avenue
Carlisle, PA 17013
D. Curtis Wiser
1100 Green Springs Road
Newville, PA 17241
2. Name and address of Defendants in the judgment:
Terri A. Wiser
314 North Baltimore Avenue
Carlisle, PA 17013
D. Curtis Wiser
1100 Green Springs Road
Newville, PA 17241
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Douglas E. Wiser
1838 Ritner Highway
Shippensburg, PA 17257
Nena E. Chapman
1300 Center Road
Newville, PA 17241
Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
Unemployment Compensation Fund
16'' Floor
L&I Building
Harrisburg, PA 17121
4. Name and address of the last recorded holder of every mortgage of record:
George W. Chapman and Nena E. Chapman
1300 Center Road
Newville, PA 17241
M&T Bank
Chambersburg Office
55 South Main Street
Chambersburg, PA 17201
5. Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Adams Electric Cooperative, Inc.
1338 Biglersville Road
P.O. Box 3605
Gettysburg, PA 17325-0605
Allied Interstate
800 Interchange West
435 Ford Road
Minneapolis, MN 55426-1096
AT&T
P.O. Box 9001309
Louisville, KY 40290-,1309,
Butter Krust - Harrisburg
1901 N. Cameron Street
Harrisburg, PA 17103
Butter Krust Baking Co., Inc.
249 N. 11 `h Street
Sunbury, PA 17801,
Carlisle Regional Medical Center
P.O. Box 4100
Carlisle, PA 17013
Central Penn Medical Group
P.O. Box 619
East Petersburg, PA 17520-0619
Charles L. Stoup, Jr., DDS
820 Belvedere Street
Carlisle, PA 17013
Commercial Acceptance Company
P.O. Box 6316
Harrisburg, PA 17112
Commonwealth of Pennsylvania
c/o Susan K. Day, District Justice
229 Mill Street, Box 167
Mt. Holly Springs, PA 17065
Commonwealth of Pennsylvania
Department of Revenue Bankruptcy
P.O. Box 8901
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Department of Labor & Industry
Office of UC Tax Services
Harrisburg B&C Unit
1171 S. Cameron Street, Room 312
Harrisburg, PA 17104-2513
Daniel Curtis Wiser
1100 Greenspring Road
Newville, PA 17241
Deborah A. Hughes, Esquire
2080 Linglestown Road
Suite 106
P.O. Box 961
Harrisburg, PA 17108
Department of the Treasury
Internal Revenue Service
600 Arch Street
Room 5200
Philadelphia, PA 19106
Discover Bank
Discover Financial Services
Hilliard, OH 43026
Discover Card
P.O. Box 15251
Wilmington, DE 19886-5251
Drs. Currie & Hecht
Oral & Maxillofacial, P.C.
338 Alexander Spring Road
Suite B
Carlisle, PA 17013
Ecolab
P.O. Box 905327
Charlotte, NC 28290-5327
Erie Insurance Exchange
c/o Dunsdemand
55 Shuman Road
P.O. Box 3100
Naperville, IL 60566-7099
Ettline Foods Corporation
c/o Yoffee & Yoffee, P.C.
214 Senate Avenue
Suite 203
Camp Hill, PA 17011
Fire Protection and Safety Equipment
801 State Street
Lemoyne, PA 17043
First Lease, Inc.
185 Commerce Drive
Unit 102
Fort Washington, PA 19034
Fry's Farm Fresh Eggs
304 Old Stone House Road
Carlisle, PA 17013
Goods of the Woods
6513 Cornwall Drive
Nashville, TN 37205
Groff's Septic Service
99 Ickes Lane
Newville, PA 17241
Guard Insurance Group
P.O. Box 41688
Philadelphia, PA 19101-1688
Internal Revenue Service
Special Procedures Unit
P.O. Box 12051
Philadelphia, PA 19106
Internal Revenue Service
Special Procedures Branch
P.O. Box 12051
Room 6404
Philadelphia, PA 19105
John J. Condridge, Esquire
Office of Attorney General
15`h Floor Strawberry Square
Harrisburg, PA 17120
Johnnie's Restaurant & Hotel Service
2406 Molly Pitcher Highway South
Chambersburg, PA 17201
Kelly Rock, District Justice
2038-B Lincoln Way East
Chambersburg, PA 17201
Lawrence G. Frank, Esquire
The Law Offices of Lawrence G. Frank
2023 North Second Street,
Harrisburg, PA 17102
Lehigh Anesthesia Associates, P.C.
c/o Hamilton Law Group
P.O. Box 90301
Allentown, PA 18109
Lehigh Anesthesia Associates, P.C.
5000 Tilghman Street
Suite 240
Allentown, PA 18104-9121
M&T Bank
Eugene E. Pepinsky, Jr., Esquire
P.O. Box 11963
Harrisburg, PA 17011
Nena A. Chapman
1300 Center Road
Newville, PA 17241
Newville Community Ambulance
c/o C.A.C.
P.O. Box 6316
Harrisburg, PA 17112
North East Waste Services
P.O. Box 843061
Boston, MA 02284-3061
North Mountain Butcher Shop
G. Finkenbinder
4722 Enola Road
Newville, PA 17241
Office of the U.S. Trustee
P.O. Box 969
Harrisburg, PA 17108-0969
Omnium Worldwide, Inc.
7171 Mercy Road
Omaha, NE 68106
PA Department of Labor & Industry
Bureau of Compliance
1301 L&I Building
7'h and Forster Streets
Harrisburg, PA 17120
Pennsylvania Department of Revenue
Bankruptcy Division
P.O. Box 280946
Harrisburg, PA 17128-0946
Rakestraw's Ice Cream, Inc.
17 E. Coover Street
Mechanicsburg, PA 17055
Receivables Performance Management
P.O. Box 768
Bothell, WA 98041-0768
Salle Mae, Inc. on behalf of U.S. Student Aid Funds
c/o Sallie Mae Guarantee Services, Inc.
P.O. Box 6180
Indianapolis, IN 46206-6180
SallieMae
P.O. Box 9500
Wilkes Barre, PA 17241
Sprint, Ltd.
P.O. Box 96064
Charlotte, NC 28296-0064
Suburban Energy Services
530 E. North Street
Carlisle, PA 17013
Terminix
5040 Louise Drive #108
Mechanicsburg, PA 17055
Vacant MDJ 09-3-02
P.O. Box 155
27 W. Big Spring Ave.
Newville, PA 17241
Wells Fargo Financial Pennsylvania, Inc.
4137 1215` Street
Urbandale, IA 50323
Wenrich's Refrigeration, Inc.
7830 Witmer Drive
Harrisburg, PA 17111
Terri A. Wiser
314 N. Baltimore Ave.
Mt. Holly Springs, PA 17065
WSI - Mid Atlantic Region
Harrisburg Hauling Division
P.O. Box 136
Hopewell, PA 16650
DOCKET NO. 05-2354
LEGAL DESCRIPTIONS
Cumberland County Deed Book 227, Page 661
Tax Parcel No. 46-07-0481-037
399 Carlisle Road
Newville, Pennsylvania
ALL THAT CERTAIN tract of land, together with the improvements constructed and erected
thereon, situated in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described in accordance with survey of Arrowood, Incorporated, Engineers, as follows:
BEGINNING at a railroad spike in the centerline of Pa. Traffic Route 641(L.R. 21091), said
spike being at the southerly most corner of the within described premises; thence North 49 degrees
53 minutes 00 seconds West 200.00 feet, along line of lands now or formerly of J. Melvin Bard, to
an iron pin for a corner; thence North 55 degrees 43 minutes 00 seconds East 248.73 feet, along line
of lands now or formerly of J. Melvin Bard, to an iron pin for a corner in the southerly right-of-way
line of West Pennsboro Township Route T-438; thence South 49 degrees 53 minutes 00 seconds
East, 105.58 feet along said right-of-way line to an iron pin for a corner; thence South 04 degrees
35 minutes 22 seconds East 47.13 feet, continuing along said right-of-way line to an iron pin for a
corner; thence South 34 degrees 17 minutes 00 seconds East 50.00 feet to a point for a corner in the
centerline of Pa. Traffic Route 641 (L.R. 21091); thence South 55 degrees 43 minutes 00 seconds
West 200.00 feet along said centerline to a railroad spike, the point and place of BEGINNING.
CONTAINING 45,115 square feet, total area, and being subject to a right-of-way of 40 feet
from the centerline of the said Pa. Traffic Route 641 (L.R. 21091).
BEING the same premises which Nena E. Chapman and George W. Chapman, husband and
wife, by their deed dated August 21, 2000, and recorded on August 21, 2000, in Cumberland County,
Pennsylvania, Deed Book 227, Page 661, granted and conveyed unto D. Curtis Wiser and Terri A.
Wiser, husband and wife.
TO BE SOLD AS THE PROPERTY OF DEFENDANTS ON JUDGMENT ENTERED AT THE
ABOVE NUMBER AND TERM.
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN,
Plaintiff
v
D. CURTIS WISER & TERRI A. WISER,
husband and wife
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2354
MORTGAGE FORECLOSURE
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.
Date: ??--
2 ~ ?? -P7 Christopher E. Rice, Esquire
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for the Martson Law Offices, hereby certify that a copy
of the foregoing Amended Affidavit was served this date by depositing same in the Post Office at
Carlisle, PA, first class mail, postage prepaid, addressed as follows:
D. Curtis Wiser
1100 Green Springs Road
Newvile, PA 17241
Terri A. Wiser
314 North Baltimore Avenue
Carlisle, PA 17013
MARTSON LAW OFFICES
By Al 44,4)
-kk?? M. Price
T East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 1a 6/0
c r~
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to
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN,
Plaintiff
v
D. CURTIS WISER & TERRI A. WISER,
husband and wife
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2354
MORTGAGE FORECLOSURE
AFFIDAVIT
I, Christopher E. Rice, Esquire, counsel for Plaintiff in the above action, hereby certify that
written notice of the sale of real property together with a legal description of the tract, was served
by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129. 1, with the return
address of the Plaintiff appearing thereon, to the following:
Adams Electric Cooperative, Inc.
1338 Biglersville Road
P.O. Box 3605
Gettysburg, PA 17325-0605
Allied Interstate
800 Interchange West
435 Ford Road
Minneapolis, MN 55426-1096
AT&T
P.O. Box 9001309
Louisville, KY 40290-1309
Butter Krust - Harrisburg
1901 N. Cameron Street
Harrisburg, PA 17103
Central Penn Medical Group
P.O. Box 619
East Petersburg, PA 17520-0619
Charles L. Stoup, Jr., DDS
820 Belvedere Street
Carlisle, PA 17013
Commercial Acceptance Company
P.O. Box 6316
Harrisburg, PA 17112
Commonwealth of Pennsylvania
c/o Susan K. Day, District Justice
229 Mill Street, Box 167
Mt. Holly Springs, PA 17065
Butter Krust Baking Co., Inc.
249 N. 11 to Street
Sunbury, PA 17801
Commonwealth of Pennsylvania
Department of Revenue Bankruptcy
P.O. Box 8901
Harrisburg, PA 17105
Carlisle Regional Medical Center
P.O. Box 4100
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Labor & Industry
Office of UC Tax Services
Harrisburg B&C Unit
1171 S. Cameron Street, Room 312
Harrisburg, PA 17104-2513
Daniel Curtis Wiser
1100 Greenspring Road
Newville, PA 17241
Deborah A. Hughes, Esquire
2080 Linglestown Road, Suite 106
P.O. Box 961
Harrisburg, PA 17108
Department of the Treasury
Internal Revenue Service
600 Arch Street, Room 5200
Philadelphia, PA 19106
Discover Bank
Discover Financial Services
Hilliard, OH 43026
Discover Card
P.O. Box 15251
Wilmington, DE 19886-5251
Drs. Currie & Hecht
Oral & Maxillofacial, P.C.
338 Alexander Spring Road, Suite B
Carlisle, PA 17013
Ecolab
P.O. Box 905327
Charlotte, NC 28290-5327
Erie Insurance Exchange
c/o Dunsdemand
55 Shuman Road
P.O. Box 3100
Naperville, IL 60566-7099
Ettline Foods Corporation
c/o Yoffee & Yoffee, P.C.
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
Fire Protection and Safety Equipment
801 State Street
Lemoyne, PA 17043
First Lease, Inc.
185 Commerce Drive, Unit 102
Fort Washington, PA 19034
Fry's Farm Fresh Eggs
304 Old Stone House Road
Carlisle, PA 17013
Goods of the Woods
6513 Cornwall Drive
Nashville, TN 37205
Groff's Septic Service
99 Ickes Lane
Newville, PA 17241
Guard Insurance Group
P.O. Box 41688
Philadelphia, PA 19101-1688
Internal Revenue Service
Special Procedures Unit
P.O. Box 12051
Philadelphia, PA 19106
Internal Revenue Service
Special Procedures Branch
P.O. Box 12051, Room 6404
Philadelphia, PA 19105
John J. Condridge, Esquire
Office of Attorney General
15`h Floor Strawberry Square
Harrisburg, PA 17120
Johnnie's Restaurant & Hotel Service
2406 Molly Pitcher Highway South
Chambersburg, PA 17201
Kelly Rock, District Justice
2038-B Lincoln Way East
Chambersburg, PA 17201
Lawrence G. Frank, Esquire
The Law Offices of Lawrence G. Frank
2023 North Second Street
Harrisburg, PA 17102
Lehigh Anesthesia Associates, P.C.
c/o Hamilton Law Group
P.O. Box 90301
Allentown, PA 18109
Lehigh Anesthesia Associates, P.C.
5000 Tilghman Street, Suite 240
Allentown, PA 18104-9121
M&T Bank
Eugene E. Pepinsky, Jr., Esquire
P.O. Box 11963
Harrisburg, PA 17011
Nena A. Chapman
1300 Center Road
Newville, PA 17241
Newville Community Ambulance
c/o C.A.C.
P.O. Box 6316
Harrisburg, PA 17112
North East Waste Services
P.O. Box 843061
Boston, MA 02284-3061
North Mountain Butcher Shop
G.Finkenbinder
4722 Enola Road
Newville, PA 17241
Office of the U.S. Trustee
P.O. Box 969
Harrisburg, PA 17108-0969
Omnium Worldwide, Inc.
7171 Mercy Road
Omaha, NE 68106
PA Department of Labor & Industry
Bureau of Compliance
1301 L&I Building
7' and Forster Streets
Harrisburg, PA 17120
Pennsylvania Department of Revenue
Bankruptcy Division
P.O. Box 280946
Harrisburg, PA 17128-0946
Rakestraw's Ice Cream, Inc.
17 E. Coover Street
Mechanicsburg, PA 17055
Receivables Performance Management
P.O. Box 768
Bothell, WA 98041-0768
Salle Mae, Inc. on behalf of U.S. Student Aid
Funds
c/o Sallie Mae Guarantee Services, Inc.
P.O. Box 6180
Indianapolis, IN 46206-6180
SallieMae
P.O. Box 9500
Wilkes Barre, PA 17241
Sprint, Ltd.
P.O. Box 96064
Charlotte, NC 28296-0064
Suburban Energy Services
530 E. North Street
Carlisle, PA 17013
Terminix
5040 Louise Drive #108
Mechanicsburg, PA 17055
Vacant MDJ 09-3-02
P.O. Box 155
27 W. Big Spring Ave.
Newville, PA 17241
Wells Fargo Financial Pennsylvania, Inc.
4137 1215` Street
Urbandale, IA 50323
Wenrich's Refrigeration, Inc. Unemployment Compensation Fund
7830 Witmer Drive Labor & Industry Building, 16`h Floor
Harrisburg, PA 17111 Harrisburg, PA 17121
Terri A. Wiser M & T Bank
314 N. Baltimore Ave. Chambersburg Office
Mt. Holly Springs, PA 17065 55 South Main Street
Chambersburg, PA 17201
WSI - Mid Atlantic Region
Harrisburg Hauling Division
P.O. Box 136
Hopewell, PA 16650
There are attached hereto as Exhibit "A, Certificates of Mailing, U.S. Postal Service Form
3817, confirming mailings of said entities. A copy of the Notice of Sale together with all legal
descriptions, which was served upon each of the persons or entities named above is attached hereto
and marked as Exhibit "B."
As stated in the Complaint filed under this docket number, this is a debt collecting firm.
Any information obtained will be used for that purpose.
By ro
Christopher E. Rice, Esquire
Sworn to and subscribed before me
this 8tv day of r , 2007.
t-'z ?L' Q?
No ublic
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CERTIFICATE OF SERVICE
I, Christopher E. Rice, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Mr. D. Curtis Wiser
1100 Greenspring Road
Newville, PA 17241
Ms. Terri A. Wiser
314 North Baltimore Street
Mt. Holly Springs, PA 17065
MARTSON LAW OFFICES
By S /'---
Christopher E. Rice
Dated: 5-/ - 0 -7
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Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER, :
husband and wife : MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
I hereby certify that a copy of the Notice of Sheriff's Sale together with a legal description
of the tract in the above captioned matter was mailed to Mr. D. Curtis Wiser, 1100 Green Springs
Road, Newville, PA 17241, by-certified mail, return receipt requested, on March 6, 2007.
Attached is the Post Office return receipt signed by D. Curtis Wiser and dated March 8, 2007.
MARTSON LAW OFFICES
Christopher . Rice, Esquire
Attorney I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Sworn to and subscribed
before me this AIX -:day of March, 2007.
COMMONWEALTH OF PENNSYLVANIA
No
t1l ublic Notarial Seal
Mary M. Price, Notary Public
Carlisle Boro, Cumberland County
[My Commission Expires Aug. 18, 2007
Member, Pennsylvania Association of Notaries
This a debt collecting firm. Any information obtained will be used for that purpose.
¦ ComplOW Nsrm 1, 2, artd 3. Also
item 4 if Restricted Delivery Is desired.
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CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Service was served
this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
D. Curtis Wiser
1100 Green Springs Road
Newville, PA 17241
MARTSON LAW OFFICES
LA I
By
M . Price
Dated: '511t f o?
This a debt collecting firm. Any information obtained will be used for that purpose.
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER,
husband and wife : MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND
I hereby certify that a copy of the Notice of Sheriff s Sale together with a legal description
of the tract in the above captioned matter was mailed to Ms. Terri A. Wiser, 314 North Baltimore
Street, Mt. Holly Springs, PA 17065, by certified mail, return receipt requested, on March 6, 2007.
Attached is the Post Office return receipt signed by Terri Wiser and dated March 21, 2007.
MARTSON LAW OFFICES
By CZA--?- S /?-
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Sworn to and subscribed
before me this day of March, 2007
No Public
I?ZMONWEALfH OF PENNSYLVANIA
Notarial Seal
Mary M. Price, Notary Public
Carlisle Boro, Cumberland County
7
y Commission Expires Aug. 18, 20
LMN- 07
Member, Pennsylvania Assnciation of Notaries
This a debt collecting firm. Any information obtained will be used for that purpose.
• COMPN1a Manta 1, 2, and 3. Also owVwe
item 4 If Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
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CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Service was served
this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Ms. Terri A. Wiser
314 North Baltimore Avenue
Mt. Holly Springs, PA 17065
MARTSON LAW OFFICES
B O
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Mary Price
Dated: ?3102?/0
This a debt collecting firm. Any information obtained will be used for that purpose.
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F: \FILES\DATAFILE\General\Current\ 10070\ 10070. I . pra 1
Revised: 2/23/07 11: 52AM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER, :
husband and wife : MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Defendants, D. Curtis Wiser and Terrie A. Wiser; and
(3) enter this writ in the judgment index against Defendants; and
(4) execute against the real property in Cumberland County owned by Defendants and
located at 399 Carlisle Road, Newville, Cumberland County, Pennsylvania, being the
Crossroads Restaurant and Bake Shop (a copy of the description is attached hereto).
(5) Principal Balance from judgment dated August 10, 2005, $287,376.52
Plus interest from August 11, 2005, to the
date of the sale at $40.52 per day, $
Plus additional insurance premiums paid by Plaintiff $4,784.69
on behalf of Defendants
Plus Costs of Suit:
Total Balance owed to Plaintiff:
(6) Please attach Affidavit Pursuant to Rule 3129.1 that Plaintiff prepared and is being
filed simultaneously with this Praecipe to the writ of execution to the sheriff.
..
Direct the Cumberland County Sheriff to execute upon the real property that is owned by the
above Defendants at the address set forth herein.
* To be determined by the Sheriff of Cumberland County.
MARTSON LAW OFFICES
Christopher E. Rice, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: February ?9,, 2007 Attorneys for Plaintiff
. r
DOCKET NO. 05-2354
LEGAL DESCRIPTIONS
Cumberland County Deed Book 227, Page 661
Tax Parcel No. 46-07-0481-037
399 Carlisle Road
Newville, Pennsylvania
ALL THAT CERTAIN tract of land, together with the improvements constructed and erected
thereon, situated in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described in accordance with survey of Arrowood, Incorporated, Engineers, as follows:
BEGINNING at a railroad spike in the centerline of Pa. Traffic Route 641 (L.R. 21091), said
spike being at the southerly most corner of the within described premises; thence North 49 degrees
53 minutes 00 seconds West 200.00 feet, along line of lands now or formerly of J. Melvin Bard, to
an iron pin for a corner; thence North 55 degrees 43 minutes 00 seconds East 248.73 feet, along line
of lands now or formerly of J. Melvin Bard, to an iron pin for a corner in the southerly right-of-way
line of West Pennsboro Township Route T-438; thence South 49 degrees 53 minutes 00 seconds
East, 105.58 feet along said right-of-way line to an iron pin for a corner; thence South 04 degrees
35 minutes 22 seconds East 47.13 feet, continuing along said right-of-way line to an iron pin for a
corner; thence South 34 degrees 17 minutes 00 seconds East 50.00 feet to a point for a corner in the
centerline of Pa. Traffic Route 641 (L.R. 21091); thence South 55 degrees 43 minutes 00 seconds
West 200.00 feet along said centerline to a railroad spike, the point and place of BEGINNING.
CONTAINING 45,115 square feet, total area, and being subject to a right-of-way of 40 feet
from the centerline of the said Pa. Traffic Route 641 (L.R. 21091).
BEING the same premises which Nena E. Chapman and George W. Chapman, husband and
wife, by their deed dated August 21, 2000, and recorded on August 21, 2000, in Cumberland County,
Pennsylvania, Deed Book 227, Page 661, granted and conveyed unto D. Curtis Wiser and Terri A.
Wiser, husband and wife.
TO BE SOLD AS THE PROPERTY OF DEFENDANTS ON JUDGMENT ENTERED AT THE
ABOVE NUMBER AND TERM.
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for the Martson Law Offices, hereby certify that a copy
of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
D. Curtis Wiser and Terri A. Wiser
1100 Green Springs Road
Newvile, PA 17241
MARTSON LAW OFFICES
B
Mary Price
Ten Eat High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 0 -2-3107
6' ti! t °O
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V
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER,
husband and wife : MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
NENA E. CHAPMAN, Plaintiff in the above action, sets forth as of the date the praecipe for
the Writ of Execution was filed the following information concerning the real property located at 399
Carlisle Road, Newville, Cumberland County, Pennsylvania (a copy of the description is attached
hereto) :
Name and address of owners:
D. Curtis Wiser and Terri A.
1100 Green Springs Road
Newville, PA 17241
Wiser, husband and wife
2. Name and address of Defendants in the judgment:
D. Curtis Wiser and Terrie A.
1100 Green Springs Road
Newville, PA 17241
Wiser, husband and wife
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Douglas E. Wiser
1838 Ritner Highway
Shippensburg, PA 17257
Nena E. Chapman
1300 Center Road
Newville, PA 17241
Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
Unemployment Compensation Fund
16`h Floor
L&I Building
Harrisburg, PA 17121
4. Name and address of the last recorded holder of every mortgage of record:
George W. Chapman and Nena E. Chapman
1300 Center Road
Newville, PA 17241
M&T Bank
Chambersburg Office
55 South Main Street
Chambersburg, PA 17201
5. Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Adams Electric Cooperative, Inc.
1338 Biglersville Road
P.O. Box 3605
Gettysburg, PA 17325-0605
Allied Interstate
800 Interchange West
435 Ford Road
Minneapolis, MN 55426-1096
AT&T
P.O. Box 9001309
Louisville, KY 40290-1309
Butter Krust - Harrisburg
1901 N. Cameron Street
Harrisburg, PA 17103
Butter Krust Baking Co., Inc.
249 N. 11 th Street
Sunbury, PA 17801
Carlisle Regional Medical Center
P.O. Box 4100
Carlisle, PA 17013
Central Penn Medical Group
P.O. Box 619
East Petersburg, PA 17520-0619
Charles L. Stoup, Jr., DDS
820 Belvedere Street
Carlisle, PA 17013
Commercial Acceptance Company
P.O. Box 6316
Harrisburg, PA 17112
Commonwealth of Pennsylvania
c/o Susan K. Day, District Justice
229 Mill Street, Box 167
Mt. Holly Springs, PA 17065
Commonwealth of Pennsylvania
Department of Revenue Bankruptcy
P.O. Box 8901
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Department of Labor & Industry
Office of UC Tax Services
Harrisburg B&C Unit
1171 S. Cameron Street, Room 312
Harrisburg, PA 17104-2513
Daniel Curtis Wiser
1100 Greenspring Road
Newville, PA 17241
Deborah A. Hughes, Esquire
2080 Linglestown Road
Suite 106
P.O. Box 961
Harrisburg, PA 17108
Department of the Treasury
Internal Revenue Service
600 Arch Street
Room 5200
Philadelphia, PA 19106
Discover Bank
Discover Financial Services
Hilliard, OH 43026
Discover Card
P.O. Box 15251
Wilmington, DE 19886-5251
Drs. Currie & Hecht
Oral & Maxillofacial, P.C.
338 Alexander Spring Road
Suite B
Carlisle, PA 17013
Ecolab
P.O. Box 905327
Charlotte, NC 28290-5327
Erie Insurance Exchange
c/o Dunsdemand
55 Shuman Road
P.O. Box 3100
Naperville, IL 60566-7099
Ettline Foods Corporation
c/o Yoffee & Yoffee, P.C.
214 Senate Avenue
Suite 203
Camp Hill, PA 17011
Fire Protection and Safety Equipment
801 State Street
Lemoyne, PA 17043
First Lease, Inc.
185 Commerce Drive
Unit 102
Fort Washington, PA 19034
Fry's Farm Fresh Eggs
304 Old Stone House Road
Carlisle, PA 17013
Goods of the Woods
6513 Cornwall Drive
Nashville, TN 37205
Groff's Septic Service
99 Ickes Lane
Newville, PA 17241
Guard Insurance Group
P.O. Box 41688
Philadelphia, PA 19101-1688
Internal Revenue Service
Special Procedures Unit
P.O. Box 12051
Philadelphia, PA 19106
Internal Revenue Service
Special Procedures Branch
P.O. Box 12051
Room 6404
Philadelphia, PA 19105
John J. Condridge, Esquire
Office of Attorney General
15' Floor Strawberry Square
Harrisburg, PA 17120
Johnnie's Restaurant & Hotel Service
2406 Molly Pitcher Highway South
Chambersburg, PA 17201
Kelly Rock, District Justice
2038-B Lincoln Way East
Chambersburg, PA 17201
Lawrence G. Frank, Esquire
The Law Offices of Lawrence G. Frank
2023 North Second Street
Harrisburg, PA 17102
Lehigh Anesthesia Associates, P.C.
c/o Hamilton Law Group
P.O. Box 90301
Allentown, PA 18109
Lehigh Anesthesia Associates, P.C.
5000 Tilghman Street
Suite 240
Allentown, PA 18104-9121
M&T Bank
Eugene E. Pepinsky, Jr., Esquire
P.O. Box 11963
Harrisburg, PA 17011
Nena A. Chapman
1300 Center Road
Newville, PA 17241
Newville Community Ambulance
c/o C.A.C.
P.O. Box 6316
Harrisburg, PA 17112
North East Waste Services
P.O. Box 843061
Boston, MA 02284-3061
North Mountain Butcher Shop
G. Finkenbinder
4722 Enola Road
Newville, PA 17241
Office of the U.S. Trustee
P.O. Box 969
Harrisburg, PA 17108-0969
Omnium Worldwide, Inc.
7171 Mercy Road
Omaha, NE 68106
PA Department of Labor & Industry
Bureau of Compliance
1301 L&I Building
7" and Forster Streets
Harrisburg, PA 17120
Pennsylvania Department of Revenue
Bankruptcy Division
P.O. Box 280946
Harrisburg, PA 17128-0946
Rakestraw's Ice Cream, Inc.
17 E. Coover Street
Mechanicsburg, PA 17055
Receivables Performance Management
P.O. Box 768
Bothell, WA 98041-0768
Salle Mae, Inc. on behalf of U.S. Student Aid Funds
c/o Sallie Mae Guarantee Services, Inc.
P.O. Box 6180
Indianapolis, IN 46206-6180
SallieMae
P.O. Box 9500
Wilkes Barre, PA 17241
Sprint, Ltd.
P.O. Box 96064
Charlotte, NC 28296-0064
Suburban Energy Services
530 E. North Street
Carlisle, PA 17013
Terminix
5040 Louise Drive #108
Mechanicsburg, PA 17055
Vacant MDJ 09-3-02
P.O. Box 155
27 W. Big Spring Ave.
Newville, PA 17241
Wells Fargo Financial Pennsylvania, Inc.
4137 121St Street
Urbandale, IA 50323
Wenrich's Refrigeration, Inc.
7830 Witmer Drive
Harrisburg, PA 17111
Terri A. Wiser
314 N. Baltimore Ave.
Mt. Holly Springs, PA 17065
WSI - Mid Atlantic Region
Harrisburg Hauling Division
P.O. Box 136
Hopewell, PA 16650
DOCKET NO. 05-2354
LEGAL DESCRIPTIONS
Cumberland County Deed Book 227, Page 661
Tax Parcel No. 46-07-0481-037
399 Carlisle Road
Newville, Pennsylvania
ALL THAT CERTAIN tract of land, together with the improvements constructed and erected
thereon, situated in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described in accordance with survey of Arrowood, Incorporated, Engineers, as follows:
BEGINNING at a railroad spike in the centerline of Pa. Traffic Route 641 (L.R. 21091), said
spike being at the southerly most corner of the within described premises; thence North 49 degrees
53 minutes 00 seconds West 200.00 feet, along line of lands now or formerly of J. Melvin Bard, to
an iron pin for a corner; thence North 55 degrees 43 minutes 00 seconds East 248.73 feet, along line
of lands now or formerly of J. Melvin Bard, to an iron pin for a corner in the southerly right-of-way
line of West Pennsboro Township Route T-438; thence South 49 degrees 53 minutes 00 seconds
East, 105.58 feet along said right-of-way line to an iron pin for a corner; thence South 04 degrees
35 minutes 22 seconds East 47.13 feet, continuing along said right-of-way line to an iron pin for a
corner; thence South 34 degrees 17 minutes 00 seconds East 50.00 feet to a point for a corner in the
centerline of Pa. Traffic Route 641 (L.R. 21091); thence South 55 degrees 43 minutes 00 seconds
West 200.00 feet along said centerline to a railroad spike, the point and place of BEGINNING.
CONTAINING 45,115 square feet, total area, and being subject to a right-of-way of 40 feet
from the centerline of the said Pa. Traffic Route 641 (L.R. 21091).
BEING the same premises which Nena E. Chapman and George W. Chapman, husband and
wife, by their deed dated August 21, 2000, and recorded on August 21, 2000, in Cumberland County,
Pennsylvania, Deed Book 227, Page 661, granted and conveyed unto D. Curtis Wiser and Terri A.
Wiser, husband and wife.
TO BE SOLD AS THE PROPERTY OF DEFENDANTS ON JUDGMENT ENTERED AT THE
ABOVE NUMBER AND TERM.
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER,
husband and wife : MORTGAGE FORECLOSURE
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.
Date: , 22?07 Christopher E. R"'?z 5 K
ice, Esquire
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for the Martson Law Offices, hereby certify that a copy
of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
D. Curtis Wiser and Terri A. Wiser
1100 Green Springs Road
Newvile, PA 17241
MARTSON LAW OFFICES
By 64M? A, a?
M Price
Ten Ea High Street
Carlisle, PA 17013
(717) 243-3341
Dated: a a3VQ7
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Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER, :
husband and wife : MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: All Parties in Interest and Claimants
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale at the Cumberland County Courthouse located at 1
Courthouse Square, Carlisle, Pennsylvania, on June 13, 2007, at 10:00 a.m., the following described
real estate,
ALL THAT CERTAIN tract of land, together with the improvements constructed and erected
thereon, situated in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described in accordance with survey of Arrowood, Incorporated, Engineers, as follows:
BEGINNING at a railroad spike in the centerline of Pa. Traffic Route 641 (L.R. 21091), said
spike being at the southerly most corner of the within described premises; thence North 49 degrees
53 minutes 00 seconds West 200.00 feet, along line of lands now or formerly of J. Melvin Bard, to
an iron pin for a corner; thence North 55 degrees 43 minutes 00 seconds East 248.73 feet, along line
of lands now or formerly of J. Melvin Bard, to an iron pin for a corner in the southerly right-of-way
line of West Pennsboro Township Route T-438; thence South 49 degrees 53 minutes 00 seconds
East, 105.58 feet along said right-of-way line to an iron pin for a corner; thence South 04 degrees
35 minutes 22 seconds East 47.13 feet, continuing along said right-of-way line to an iron pin for a
corner; thence South 34 degrees 17 minutes 00 seconds East 50.00 feet to a point for a corner in the
centerline of Pa. Traffic Route 641 (L.R. 21091); thence South 55 degrees 43 minutes 00 seconds
West 200.00 feet along said centerline to a railroad spike, the point and place of BEGINNING.
CONTAINING 45,115 square feet, total area, and being subject to a right-of-way of 40 feet
from the centerline of the said Pa. Traffic Route 641 (L.R. 21091).
BEING the same premises which Nena E. Chapman and George W. Chapman, husband and
wife, by their deed dated August 21, 2000, and recorded on August 21, 2000, in Cumberland County,
Pennsylvania, Deed Book 227, Page 661, granted and conveyed unto D. Curtis Wiser and Terri A.
Wiser, husband and wife.
The above-described commercial property is located at 399 Carlisle Road, Newville,
Cumberland County, Pennsylvania, being the Crossroads Restaurant and Bake Shop. The owners
or reputed owners are D. Curtis Wiser and Terri A. Wiser, husband and wife, who reside at 1100
Green Springs Road, Newville, Cumberland County, Pennsylvania.
The Writ of Execution has been issued on a judgment in the mortgage foreclosure action of.
Nena E. Chapman v. D. Curtis Wiser and Terrie A. Wiser, husband and wife at Docket No. 05-2354
of the Cumberland County Court of Common Pleas.
Our records indicate that you may hold a mortgage or judgment on the property which may
be extinguished (removed) by the sale. You may wish to attend the sale to protect your interests.
date.
Claims against the property must be filed at the Office of the Sheriff before the above sale
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
If you are a party to this matter, attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against you. It may cause your property to be held or taken
to pay the judgment. You may have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically of these rights. If you wish to exercise your right you must
act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
You may have legal rights to prevent the Sheriff S Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help
you.
You may have the right to prevent or delay the Sheriff's sale by filing, before the sale occurs,
a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time.
If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue
of whether the plaintiff has a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend of if the judgment was entered before twenty
(20) days after service or in certain other events. To exercise this right you would have to file a
petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE
IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
MARTSON LAW OFFICES
By --'?
<--
CKistopWer-
. Rice, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: February 4.Z , 2007 Attorneys for Plaintiff
F:\FILES\DATAFILE\General\Current\ 10070. I.Notice
C) cr..3°.,aD p
sr.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N005-2354 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NENA E. CHAPMAN Plaintiff (s)
From D. CURTIS WISER & TERRI A. WISER
(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$ 287,376.52
L.L.$.50
Interest FROM AUGUST 11, 2005, TO THE DATE OF SALE AT $40.52 PER DAY
Atty's Comm %
Atty Paid $136.73
Plaintiff Paid
Date: FEBRUARY 23, 2007
(Seal)
Due Prothy $1.00
Other Costs$4,784.69
916t?--AYL.
Curti R. Lon onotary
By:
Deputy
REQUESTING PARTY:
Name CHRISTOPHER E. RICE, ESQUIRE
Address: TEN EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 90916
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Nena E Chapman is the grantee the same having been sold to said grantee
on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 23 day of Feb,
A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2354, at
the suit of Nena E Chapman against D Curtis Wiser & Terri A is duly recorded in Deed Book No. 281,
Page 92.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and eal of said office this /av 0 -?? day of
A.D. (3 uv ! n
ReoorGer of %e" Cw oeriw County. C&", pA
iAy CWAWon F.vkn the Fleet Monday Of Jan. 2010
Nena E. Chapman
VS
D. Curtis Wiser and Terri A. Wiser
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-2354 Civil Term
Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March
21, 2007 at 1325 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant to wit: D. Curtis Wiser,
by making known unto D. Curtis Wiser, personally, at 1100 Green Springs Road, Newville,
Cumberland County, Pennsylvania its contents and at the same time handing to him personally the
said true and correct copy of the same.
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on
March 15, 2007 at 1750 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant to wit: Terri A. Wiser,
by making known unto Terri Wiser, personally, at 314 N. Baltimore Ave., Mt. Holly Springs,
Cumberland County, Pennsylvania its contents and at the same time handing to her personally the
said true and correct copy of the same.
Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April
12, 2007 at 1412 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of D. Curtis Wiser and Terri A. Wiser,
located at 399 Carlisle Rd., Newville, Cumberland County, 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 defendants, to wit: D. Curtis
Wiser and Terri A. Wiser, by regular mail to their last known addresses of 1100 Green Springs
Road, Newville, PA 17241 and 314 North Baltimore Ave., Mt. Holly Springs, PA 17065,
respectively. These letters were mailed under the date of April 4, 2007 and never returned to the
Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after
due and legal notice had been given according to law, he exposed the within described premises at
public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13,
2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Christopher E. Rice,
on behalf of Nena E. Chapman. It being the highest bid and best price received for the same, Nena
E. Chapman, of 1300 Center Road, Newville, PA 17241, being the buyer in this execution, paid to
Sheriff R. Thomas Kline the sum of $1158.27.
Sheriffs Costs:
Docketing $30.00
Poundage 22.72
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 38.40
Levy 15.00
Surcharge 30.00
Law Journal 449.00
Patriot News 402.98
Share of Bills 16.17
Distribution of Proceeds 25.00
Sheriff s Deed 39.50
$ 1158.27 ,/
So Answers:
100
R. Thomas Kline, Sheriff
BYw
y lot. ` 6'1 (.,
`.4
cx- SgI44
A.4, 1R?4i5
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER,
husband and wife : MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
NENA E. CHAPMAN, Plaintiff in the above action, sets forth as of the date the praecipe for
the Writ of Execution was filed the following information concerning the real property located at 399
Carlisle Road, Newville, Cumberland County, Pennsylvania (a copy of the description is attached
hereto):
1. Name and address of owners:
D. Curtis Wiser and Terri A. Wiser, husband and wife
1100 Green Springs Road
Newville, PA 17241
2. Name and address of Defendants in the judgment:
D. Curtis Wiser and Terrie A. Wiser, husband and wife
1100 Green Springs Road
Newville, PA 17241
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Douglas E. Wiser
1838 Ritner Highway
Shippensburg, PA 17257
Nena E. Chapman
1300 Center Road
Newville, PA 17241
Bureau of Compliance
Department 280946
Harrisburg, PA 17128-0946
Unemployment Compensation Fund
16`h Floor
L&I Building
Harrisburg, PA 17121
4. Name and address of the last recorded holder of every mortgage of record:
George W. Chapman and Nena E. Chapman
1300 Center Road
Newville, PA 17241
M&T Bank
Chambersburg Office
55 South Main Street
Chambersburg, PA 17201
5. Name and address of every other person who has any record lien on the property:
None.
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Adams Electric Cooperative, Inc.
1338 Biglersville Road
P.O. Box 3605
Gettysburg, PA 17325-0605
Allied Interstate
800 Interchange West
435 Ford Road
Minneapolis, MN 55426-1096
AT&T
P.O. Box 9001309
Louisville, KY 40290-1309
Butter Krust - Harrisburg
1901 N. Cameron Street
Harrisburg, PA 17103
Butter Krust Baking Co., Inc.
249 N. 11"' Street
Sunbury, PA 17801
Carlisle Regional Medical Center
P.O. Box 4100
Carlisle, PA 17013
Central Penn Medical Group
P.O. Box 619
East Petersburg, PA 17520-0619
Charles L. Stoup, Jr., DDS
820 Belvedere Street
Carlisle, PA 17013
Commercial Acceptance Company
P.O. Box 6316
Harrisburg, PA 17112
Commonwealth of Pennsylvania
c/o Susan K. Day, District Justice
229 Mill Street, Box 167
Mt. Holly Springs, PA 17065
Commonwealth of Pennsylvania
Department of Revenue Bankruptcy
P.O. Box 8901
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Department of Labor & Industry
Office of UC Tax Services
Harrisburg B&C Unit
1171 S. Cameron Street, Room 312
Harrisburg, PA 17104-2513
Daniel Curtis Wiser
1100 Greenspring Road
Newville, PA 17241
Deborah A. Hughes, Esquire
2080 Linglestown Road
Suite 106
P.O. Box 961
Harrisburg, PA 17108
Department of the Treasury
Internal Revenue Service
600 Arch Street
Room 5200
Philadelphia, PA 19106
Discover Bank
Discover Financial Services
Hilliard, OH 43026
Discover Card
P.O. Box 15251
Wilmington, DE 19886-5251
Drs. Currie & Hecht
Oral & Maxillofacial, P.C.
338 Alexander Spring Road
Suite B
Carlisle, PA 17013
Ecolab
P.O. Box 905327
Charlotte, NC 28290-5327
Erie Insurance Exchange
c/o Dunsdemand
55 Shuman Road
P.O. Box 3100
Naperville, IL 60566-7099
Ettline Foods Corporation
c/o Yoffee & Yoffee, P.C.
214 Senate Avenue
Suite 203
Camp Hill, PA 17011
Fire Protection and Safety Equipment
801 State Street
Lemoyne, PA 17043
First Lease, Inc.
185 Commerce Drive
Unit 102
Fort Washington, PA 19034
Fry's Farm Fresh Eggs
304 Old Stone House Road
Carlisle, PA 17013
Goods of the Woods
6513 Cornwall Drive
Nashville, TN 37205
Groff's Septic Service
99 Ickes Lane
Newville, PA 17241
Guard Insurance Group
P.O. Box 41688
Philadelphia, PA 19101-1688
Internal Revenue Service
Special Procedures Unit
P.O. Box 12051
Philadelphia, PA 19106
Internal Revenue Service
Special Procedures Branch
P.O. Box 12051
Room 6404
Philadelphia, PA 19105
John J. Condridge, Esquire
Office of Attorney General
15`h Floor Strawberry Square
Harrisburg, PA 17120
Johnnie's Restaurant & Hotel Service
2406 Molly Pitcher Highway South
Chambersburg, PA 17201
Kelly Rock, District Justice
2038-B Lincoln Way East
Chambersburg, PA 17201
Lawrence G. Frank, Esquire
The Law Offices of Lawrence G. Frank
2023 North Second Street
Harrisburg, PA 17102
Lehigh Anesthesia Associates, P.C.
c/o Hamilton Law Group
P.O. Box 90301
Allentown, PA 18109
Lehigh Anesthesia Associates, P.C.
5000 Tilghman Street
Suite 240
Allentown, PA 18104-9121
M&T Bank
Eugene E. Pepinsky, Jr., Esquire
P.O. Box 11963
Harrisburg, PA 17011
Nena A. Chapman
1300 Center Road
Newville, PA 17241
Newville Community Ambulance
c/o C.A.C.
P.O. Box 6316
Harrisburg, PA 17112
North East Waste Services
P.O. Box 843061
Boston, MA 02284-3061
North Mountain Butcher Shop
G. Finkenbinder
4722 Enola Road
Newville, PA 17241
Office of the U.S. Trustee
P.O. Box 969
Harrisburg, PA 17108-0969
Omnium Worldwide, Inc.
7171 Mercy Road
Omaha, NE 68106
PA Department of Labor & Industry
Bureau of Compliance
1301 L&I Building
7`h and Forster Streets
Harrisburg, PA 17120
Pennsylvania Department of Revenue
Bankruptcy Division
P.O. Box 280946
Harrisburg, PA 17128-0946
Rakestraw's Ice Cream, Inc.
17 E. Coover Street
Mechanicsburg, PA 17055
Receivables Performance Management
P.O. Box 768
Bothell, WA 98041-0768
Salle Mae, Inc. on behalf of U.S. Student Aid Funds
c/o Sallie Mae Guarantee Services, Inc.
P.O. Box 6180
Indianapolis, IN 46206-6180
SallieMae
P.O. Box 9500
Wilkes Barre, PA 17241
Sprint, Ltd.
P.O. Box 96064
Charlotte, NC 28296-0064
Suburban Energy Services
530 E. North Street
Carlisle, PA 17013
Terminix
5040 Louise Drive #108
Mechanicsburg, PA 17055
Vacant MDJ 09-3-02
P.O. Box 155
27 W. Big Spring Ave.
Newville, PA 17241
Wells Fargo Financial Pennsylvania, Inc.
4137 121" Street
Urbandale, IA 50323
Wenrich's Refrigeration, Inc.
7830 Witmer Drive
Harrisburg, PA 17111
Terri A. Wiser
314 N. Baltimore Ave.
Mt. Holly Springs, PA 17065
WSI - Mid Atlantic Region
Harrisburg Hauling Division
P.O. Box 136
Hopewell, PA 16650
DOCKET NO. 05-2354
LEGAL DESCRIPTIONS
Cumberland County Deed Book 227, Page 661
Tax Parcel No. 46-07-0481-037
399 Carlisle Road
Newville, Pennsylvania
ALL THAT CERTAIN tract of land, together with the improvements constructed and erected
thereon, situated in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described in accordance with survey of Arrowood, Incorporated, Engineers, as follows:
BEGINNING at a railroad spike in the centerline of Pa. Traffic Route 641(L.R. 21091), said
spike being at the southerly most corner of the within described premises; thence North 49 degrees
53 minutes 00 seconds West 200.00 feet, along line of lands now or formerly of J. Melvin Bard, to
an iron pin for a corner; thence North 55 degrees 43 minutes 00 seconds East 248.73 feet, along line
of lands now or formerly of J. Melvin Bard, to an iron pin for a corner in the southerly right-of-way
line of West Pennsboro Township Route T-438; thence South 49 degrees 53 minutes 00 seconds
East, 105.58 feet along said right-of-way line to an iron pin for a corner; thence South 04 degrees
35 minutes 22 seconds East 47.13 feet, continuing along said right-of-way line to an iron pin for a
corner; thence South 34 degrees 17 minutes 00 seconds East 50.00 feet to a point for a corner in the
centerline of Pa. Traffic Route 641 (L.R. 21091); thence South 55 degrees 43 minutes 00 seconds
West 200.00 feet along said centerline to a railroad spike, the point and place of BEGINNING.
CONTAINING 45,115 square feet, total area, and being subject to a right-of-way of 40 feet
from the centerline of the said Pa. Traffic Route 641 (L.R. 21091).
BEING the same premises which Nena E. Chapman and George W. Chapman, husband and
wife, by their deed dated August 21, 2000, and recorded on August 21, 2000, in Cumberland County,
Pennsylvania, Deed Book 227, Page 661, granted and conveyed unto D. Curtis Wiser and Terri A.
Wiser, husband and wife.
TO BE SOLD AS THE PROPERTY OF DEFENDANTS ON JUDGMENT ENTERED AT THE
ABOVE NUMBER AND TERM.
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER, :
husband and wife : MORTGAGE FORECLOSURE
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.
Date:
Christopher E. Rice, Esquire
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for the Martson Law Offices, hereby certify that a copy
of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
D. Curtis Wiser and Terri A. Wiser
1100 Green Springs Road
Newvile, PA 17241
MARTSON LAW OFFICES
B ?. ?? /k, (??
Y
M Price
Ten Ea High Street
Carlisle, PA 17013
(717) 243-3341
Dated: a/,?,3) 0 7
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
NENA E. CHAPMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 05-2354
D. CURTIS WISER & TERRI A. WISER, :
husband and wife : MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: All Parties in Interest and Claimants
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale at the Cumberland County Courthouse located at 1
Courthouse Square, Carlisle, Pennsylvania, on June 13, 2007, at 10:00 a.m., the following described
real estate,
ALL THAT CERTAIN tract of land, together with the improvements constructed and erected
thereon, situated in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described in accordance with survey of Arrowood, Incorporated, Engineers, as follows:
BEGINNING at a railroad spike in the centerline of Pa. Traffic Route 641(L.R. 21091), said
spike being at the southerly most corner of the within described premises; thence North 49 degrees
53 minutes 00 seconds West 200.00 feet, along line of lands now or formerly of J. Melvin Bard, to
an iron pin for a corner; thence North 55 degrees 43 minutes 00 seconds East 248.73 feet, along line
of lands now or formerly of J. Melvin Bard, to an iron pin for a corner in the southerly right-of-way
line of West Pennsboro Township Route T-438; thence South 49 degrees 53 minutes 00 seconds
East, 105.58 feet along said right-of-way line to an iron pin for a corner; thence South 04 degrees
35 minutes 22 seconds East 47.13 feet, continuing along said right-of-way line to an iron pin for a
corner; thence South 34 degrees 17 minutes 00 seconds East 50.00 feet to a point for a corner in the
centerline of Pa. Traffic Route 641 (L.R. 21091); thence South 55 degrees 43 minutes 00 seconds
West 200.00 feet along said centerline to a railroad spike, the point and place of BEGINNING.
CONTAINING 45,115 square feet, total area, and being subject to a right-of-way of 40 feet
from the centerline of the said Pa. Traffic Route 641 (L.R. 21091).
VK . '
BEING the same premises which Nena E. Chapman and George W. Chapman, husband and
wife, by their deed dated August 21, 2000, and recorded on August 21, 2000, in Cumberland County,
Pennsylvania, Deed Book 227, Page 661, granted and conveyed unto D. Curtis Wiser and Terri A.
Wiser, husband and wife.
The above-described commercial property is located at 399 Carlisle Road, Newville,
Cumberland County, Pennsylvania, being the Crossroads Restaurant and Bake Shop. The owners
or reputed owners are D. Curtis Wiser and Terri A. Wiser, husband and wife, who reside at 1100
Green Springs Road, Newville, Cumberland County, Pennsylvania.
The Writ of Execution has been issued on a judgment in the mortgage foreclosure action of:
Nena E. Chapman v. D. Curtis Wiser and Terrie A. Wiser, husband and wife at Docket No. 05-23 54
of the Cumberland County Court of Common Pleas.
Our records indicate that you may hold a mortgage or judgment on the property which may
be extinguished (removed) by the sale. You may wish to attend the sale to protect your interests.
Claims against the property must be filed at the Office of the Sheriff before the above sale
date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
If you are a party to this matter, attached hereto is a copy of the Writ of Execution. It has
been issued because there is a judgment against you. It may cause your property to be held or taken
to pay the judgment. You may have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically of these rights. If you wish to exercise your right you must
act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
ff .
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help
you.
You may have the right to prevent or delay the Sheriff's sale by filing, before the sale occurs,
a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and
Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition
with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time.
If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue
of whether the plaintiff has a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend of if the judgment was entered before twenty
(20) days after service or in certain other events. To exercise this right you would have to file a
petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other
legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE
IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
MARTSON LAW OFFICES
By (2 ?- J
Christopher . Rice, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: February7,2-, 2007 Attorneys for Plaintiff
F:\FILES\DATAF ILE\General\Current\ 10070. I.Notice
DOCKET NO. 05-2354
LEGAL DESCRIPTIONS
Cumberland County Deed Book 227, Page 661
Tax Parcel No. 46-07-0481-037
399 Carlisle Road
Newville, Pennsylvania
ALL THAT CERTAIN tract of land, together with the improvements constructed and erected
thereon, situated in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described in accordance with survey of Arrowood, Incorporated, Engineers, as follows:
BEGINNING at a railroad spike in the centerline of Pa. Traffic Route 641(L.R. 21091), said
spike being at the southerly most corner of the within described premises; thence North 49 degrees
53 minutes 00 seconds West 200.00 feet, along line of lands now or formerly of J. Melvin Bard, to
an iron pin for a corner; thence North 55 degrees 43 minutes 00 seconds East 248.73 feet, along line
of lands now or formerly of J. Melvin Bard, to an iron pin for a corner in the southerly right-of-way
line of West Pennsboro Township Route T-438; thence South 49 degrees 53 minutes 00 seconds
East, 105.58 feet along said right-of-way line to an iron pin for a corner; thence South 04 degrees
35 minutes 22 seconds East 47.13 feet, continuing along said right-of-way line to an iron pin for a
corner; thence South 34 degrees 17 minutes 00 seconds East 50.00 feet to a point for a corner in the
centerline of Pa. Traffic Route 641 (L.R. 21091); thence South 55 degrees 43 minutes 00 seconds
West 200.00 feet along said centerline to a railroad spike, the point and place of BEGINNING.
CONTAINING 45,115 square feet, total area, and being subject to a right-of-way of 40 feet
from the centerline of the said Pa. Traffic Route 641 (L.R. 21091).
BEING the same premises which Nena E. Chapman and George W. Chapman, husband and
wife, by their deed dated August 21, 2000, and recorded on August 21, 2000, in Cumberland County,
Pennsylvania, Deed Book 227, Page 661, granted and conveyed unto D. Curtis Wiser and Terri A.
Wiser, husband and wife.
TO BE SOLD AS THE PROPERTY OF DEFENDANTS ON JUDGMENT ENTERED AT THE
ABOVE NUMBER AND TERM.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N005-2354 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NENA E. CHAPMAN Plaintiff (s)
From D. CURTIS WISER & TERRI A. WISER
(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$ 287,376.52
L.L.$.50
Interest FROM AUGUST 11, 2005, TO THE DATE OF SALE AT $40.52 PER DAY
Atty's Comm %
Atty Paid $136.73
Plaintiff Paid
Date: FEBRUARY 23, 2007
(Seal)
Due Prothy $1.00
Other Costs$4,784.69
Curtis . Long, P o ary
By:
Deputy
REQUESTING PARTY:
Name CHRISTOPHER E. RICE, ESQUIRE
Address: TEN EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-243-3341
C
Supreme Court ID No. 90916
? S
Real Estate Sale # W
On March 8, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
West Pennsboro Township, Cumberland County, PA
Known and numbered as 399 Carlisle Road,
Newville, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: March 8, 2007 By:
?jt
Real Estate Sergeant
I Z v I - HVW LOOT
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, April 27, and May 4, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that lie 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.
L- ?W- e-
Marie Coyne,
SWORN TO AND SUBSCRIBED before me this
4 day of May, 2007 _
N, JIAF'?!A1 SEAL "
Lr'q c "J1VDER, Notary Public
(' Guriiberlarld Cowty
As klarch 5, ?" q
REAL ESTATE SALE NO. 66
Writ No. 2005-2354 Civil
Nena E. Chapman
VS.
D. Curtis Wiser and
Terri A. Wiser
Atty.: Christopher Rice
DOCKET NO. 05-2354
LEGAL DESCRIPTIONS
Cumberland County
Deed Book 227, Page 661.
Tax Parcel No. 46-07-0481-037.
399 Carlisle Road,
Newville, Pennsylvania
ALL THAT CERTAIN tract of land,
together with the improvements con-
structed and erected thereon, situ-
ated in West Pennsboro Township,
Cumberland County, Pennsylvania,
bounded and described in accor-
dance with survey of Arrowood, In-
corporated, Engineers, as follows:
BEGINNING at a railroad spike
in the centerline of PA Traffic Route
641 (L.R. 21091), said spike being
at the southerly most corner of the
within described premises; thence
North 49 degrees 53 minutes 00
seconds West 200.00 feet, along
line of lands now or formerly of J.
Melvin Bard, to an iron pin for a
corner; thence North 55 degrees 43
minutes 00 seconds East 248.73
feet, along line of lands now or for-
merly of J. Melvin Bard, to an iron
pin for a corner in the southerly
right-of-way line of West Pennsboro
Township Route T-438; thence
South 49 degrees 53 minutes 00
seconds East, 105.58 feet along
said right-of-way line to an iron pin
for a corner: thence South 04 de-
grees 35 minutes 22 seconds East
47.13 feet, continuing along said
right-of-way line to an iron pin for a
corner; thence South 34 degrees 17
minutes 00 seconds East 50.00 feet
to a point for a corner in the
centerline of PA Traffic Route 641
(L.R. 21091); thence South 55 de-
grees 43 minutes 00 seconds West
200.00 feet along said centerline to
a railroad spike, the point and place
of BEGINNING.
CONTAINING 45,115 square
feet, total area, and being subject
to a right-of-way of 40 feet from the
centerline of the said PA Traffic
Route 641 (L.R. 21091).
BEING the same premises which
Nena E. Chapman and George W.
Chapman, husband and wife, by
their deed dated August 21, 2000,
and recorded on August 21, 2000,
in Cumberland County, Pennsylva-
nia, Deed Book 227, Page 661,
granted and conveyed unto D.
Curtis Wiser and Terri A. Wiser,
husband and wife.
TO BE SOLD AS THE PROP-
ERTY OF DEFENDANTS ON JUDG-
MENT ENTERED AT THE ABOVE
-.-.? tel.,-. r-, • ITT TCDA/
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with 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 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#66
Notarial Seal
I-eery L. Russell, Notary Public
City Of Harrisburg, Dauphin County
ivy Commission Expires June 6, 2010
or, Penn nia Association of Notaries
M174
_ _ o O NOTARY
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Sworn to and subscribed tef'ore1ge. this 18th day of May 2007 A.D.