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Home My WebLink About01-3571 Richard M. Squire, Esquire I.D, No, 04267 Richard M. Squire & Associates, LLC. 79]9 Washington Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 2]5-886-]355 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01 - .3.57/ CJ'~ll '~--fl\ v. CIVIL ACTION Bryan L Y outzy David T. Y outzy 16 Montsera Road Carlisle, P A 17013 MORTGAGE FORECLOSURE DEFENDANTS. COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 of 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 LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objecciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. U sted puede perder dinero 0 sus edades u otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABOGADOINMEDIATAMENTE. SINOTIENEABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO VA Y A EN PERSONA o LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERI GUAR DONDE SE PUEDE CONSEGUIR ASIST ANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 and 800-990-9108 Richard M, Squire, Esquire l.D. No, 04267 Richard M, Squire & Associates, LLC, 79] 9 Washington Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 215-886-1355 Attome s for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO: 01- 357/ ~ -J.k<.A""- v. Bryan L. Y outzy David T. Y outzy 16 Montsera Road Carlisle, P A 17013 CIVIL ACTION MORTGAGE FORECLOSURE DEFENDANTS. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D , through its attorney, Richard Moo Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997 -D ("Plaintiff"), is a corporation with a principal place of business at c/o Rosicki, Rosicki & Associates One Old Country Road, Suite 429 Carle Place, New York 11514. 2. The Name and mailing address of each Defendant is : Bryan Youtzy 16 Montsera Road, Carlisle, PA 17013. David Youtzy 16 Montsera Road, Carlisle, PA 17013. 3. On 10/20/1997 Bryan L. Youtzy and David T. Youtzy made, executed and delivered a mortgage upon the premises hereinafter described to TMS Mortgage Incorporated, d/b/a The Money Store, which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1412, Page 307. Plaintiff is in the process of preparing a legal Assignment. 4. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. 5. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. 6. The real property which is subject to the Mortgage is generally known as 16 Montsera Road Carlisle, PA 17013, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. 7. The interest of each individual Defendant is as Mortgagor, Real Owner or both. 8. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released from liability for the debt secured by the Mortgage. 2 9. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 03/0 1 /200 1 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and payable. The following amounts are due as of June 6, 2001: Principal of Mortgage debt due and unpaid $21,448.21 Interest due and owing from 02/01/2001 to 06/06/2001 at 11.99%, $7.05 per diem 888.33 Plus Late Charges of$28.79 per month, assessed on the 16th day after payment is due 86.37 NSF Fee 15.00 Corporate Advance 646.76 Late Charge 518.22 Other Fees 30.00 Attorney's Fees 1,072.41 TOTAL $24.705.30 10. Interest accrues at a per diem rate of $7.05 and late charges accrue at a monthly rate of $28.79, assessed on the 16th day payment is past due for each date after the payment due date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. 3 11. Notice of intention to Foreclose pursuant to 41 P.S. ~ 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983,35 P.S. ~ 1680A02c, et seq. was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 04/06/2001. A true and correct copy of said notice is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. WHEREFORE, Plaintiff demands judgment against Defendants Bryan L. Y outzy and David T. Youtzy, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $24,705.30 plus the following amounts accruing after June 6, 2001, to the date of judgment: (i) interest at a per diem rate of $7.05; (ii) late charges of $28.79 per month assessed on the 16th day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs By: ! of suit. Richard . Sqmre, Esquire 7919 Washington Lane Wyncote, P A 19095 215-886-6354 Attorneys for Plaintiff Date: June 6. 2001 UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 VERIFICATION I, D 0-0"L -Ho \-t , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: as 1 ( ~ (.JDO\ ~ ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P .L.S., dated March 11, 1993 and recorded in the Office ofthe Recorder of Deeds for Cumberland County, in Plan Book 67, Page 91. BEGINNING at a point in centerline of Monts era Road, T-544 at comer of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 seconds West 602.26 feet to a point; thence along Eastern edge of 50 foot private right-of-way, known as HarJohn Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right-of- way known as HarJohn Drive North 60 degrees 28 minutes 15 seconds East 467.29 feet to a point in centerline of Montsera Road, T-544; thence along centerline of Montsera Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of BEGINNING. CONTAINING 1,690 acres and designated as Lot 26, of Moored ale Manor. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the Plan of Subdivision herein before mentioned, all easements, reservations and restrictions of prior record, as well as to the following conditions and restrictions to which they hereby granted parcel ofland shall be and will remain subject: 1. There shall be permitted no accumulations of junk, debris or unlicensed vehicles, unless garaged. 2. There shall be utilized no mobile homes, trailers, or temporary structures on the within described structure. 3. Living in the basement level of an uncompleted residence shall not be permitted. 4. No commercial breeding or boarding kennels shall be permitted on the within described parcel. 5. All residential structures shall have an attached garage of at least one car capacity and Shall have a minimum habitable, finished living area of: ranch, bi-Ievel, or cape cod style - 1,200 square feet; two-story style - 800 square feet per level. 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. ["h;bd"A" omEq DF985 BRY AN L YOUTZY 16 MONTSERA RD CARLISLE, P A 17013 April 6, 2001 NBRC 0081014029 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 pages, The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home, This notice explains how the program works, To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when vou meet with the counseling agency, The name. address. and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If yOU have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIA T AMENTE LLAMANDO EST A 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 SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): PROPERTY ADDRESS: BRYAN L YOUTZY 16 MONTSERA RD CARLISLE, PA 17013 LOAN ACCOUNT NUMBER: CURRENT LENDERlSERVICER: 0081014029 HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE c(h;bit "'3. DF985 DA VI T YOUTZY 16 MONTSERA RD CARLISLE, P A 17013 April 6, 2001 NBRC 0081014029 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 proyided in the attached pages, The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to saye your home. This notice explains how the program works, To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the counseling agency, The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE 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. HOMEOWNERS NAME(S): PROPERTY ADDRESS: DA VI T YOUTZY 16 MONTSERA RD CARLISLE, PA 17013 LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: 0081014029 HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · 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 the 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 counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting, The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting, You should advise this lender immediately of your intentions, APPLICA TION FOR MORTGAGE ASSIST ANCE- 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 Fund. 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 completed 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 APPLICA TION 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 IMMEDIA TEL Y 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 you 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 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.) IMPORTANT INFORMATION CONTINUED ON NEXT PAGE HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 16 MONTSERA RD CARLISLE, PA 17013 CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: A YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: b) Delinquent Amount Due: c) Late Charges: d) Recoverable Corporate Advances e) Other Charges and Advances t) Less funds in Suspense: e) Total amount required as of (due date) 3 $863.67 $ 489.43 $ 625,58 $ 45 $ 0,00 $ 2023.68 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use ifnot applicable) HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2023.68) PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cashier's check. certified check. or money order made payable to: Regular Mail HomEq Servicing Corporation P,O, Box 96053 Charlotte, NC 28296-0053 Overnight FUNB Lockbox 96053 1525 West W,T. Harris Blvd. Charlotte, NC 28262-00 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable,) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE LETTER DATE, HomEq Servicing Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mort!!a!!ed property. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees 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 even if they are over $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 reauired to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, YOU still have the right to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale, You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage, Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. IMPORTANT INFORMATION ON THE BACK OF THIS PAGE r EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such Sheriff's sale could be held is would be approximately five (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 BY TELEPHONE OR MAIL: Name of Lender: Address: HomEq Servicing Corporation FUNB Lockbox 96053, 1525 West W.T, Harris Blvd Charlotte, NC 28262-0053 800795-5125 Ext. 10302 916-617-0655 Telephone Number: Fax Number: 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. YOU MAY ALSO HAVE THE RIGHT · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROWER 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 THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A 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 DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER Sincerely, HomEq Servicing Corporation ~ ~ ~ 0 c:' ~ "P ~ c S , \i- t 1I1 Crt -r: ;~ ~:'~ ~ - - (r;\.. D tI( ...:,~- .) \ zr' ~ 0 0 ~~:;: 0:) :::::- ~ ~C] ..-r, JU \ :J.,; CJ .. S ...- . ~ FP V) k-C' r;:- j $C '.~ p- ,.,1 ~ ~ :;?: :? T' CC ._~,. 1- ~ ("$) ::.< - -----".._""'~- - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE UNDER NO 01-3571 Civil CIVIL ACTION - LAW THE POOLING AND SERVICING AGREEMENT DATED AS OF 11/30/97, SERIES 1997-D Plaintiff (s) From BRIAN L. AND DAVID T. YOUTZY, 16 MONTSERA ROAD, CARLISLE P A 17013. (1 ) You are directed to levy upon the property of the defendant (s ) and to sell REAL EST A TE LOCATED AT 16 MONTSERA ROAD, CARLISLE P A 17013 (SEE LEGAL DESCRlPTON) . (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 $24,987.30 Interest 7/18/01 TO 3/3/04 = $3,923.70 LL Atty's Comm % Due Prothy 1.00 Other Costs Arty Paid $1,061.62 Plaintiff Paid Date: OCTOBER 20, 2003 CURTIS R. LONG (Seal) JJj By: i Deputy REQUESTING PARTY: Name CORlNA M CANIZ ESQUIRE Address: 220 LAKE DRIVE EAST - SUITE 301 CHERRY HILL NJ 08902 Attorney for: PLAINTIFF Telephone: (856) 482-1400 Supreme Court ID No. 83509 MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID#83509 220 Lake Drive East - Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY vs. : NO.: 01-3571 Civil Term Brian L. Youtzy and David T. Youtzy Defendant PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendants in the above captioned matter; 3. And index this writ against the Defendants as follows: Brian L. Y outzy and David T. Y outzy 4. Real Property involved: 16 Montsera Road Carlisle, PAl 7013 Amount Due Interest from 07/18/01 to 03/03/04 TOTAL (Costs to be added) $ 24,987.30 $ 3,923.70 $ 28,911.00 Dated: IDf /1 03 '-- orina M. Caniz, Esquire #83509 ALL that certain tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 67, Page 91. BEGINNING at a point in centerline of Montsera Road, T-544 at corner of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 seconds West 602.26 feet to a point; thence along Eastern edge of 50 foot private right of way, known as HarJohn Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right-of-way known as HarJohn Drive north 60 degrees 28 minutes 15 seconds East 467.29 feet to a point in centerline of Montsera Road, T-544; thence along centerline of Montsera Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of BEGINNING. CONTAINING 1,690 acres and designated as Lot 26, of Morredale Manor. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the Plan of Subdivision herein before mentioned, all easements, reservations and restrictions of prior record, as well as to the following conditions and restrictions to which they hereby granted parcel of land shall and be and will remain subject: 1. There shall be permitted no accumulations of junk, debris, or unlicensed vehicles, unless garaged. 2. There shall be utilized no mobile homes, trailers, or temporary structures on the within described structure. 3. Living in the basement level of an uncompleted residence shall not be permitted 4. No commercial breeding or boarding kennels shall be permitted on the within described parcel 5. All residential structures shall have an attached garage of at least one car capacity and shall have a minimum habitable, finished living area of: ranch, bi- level, or cape cod style - 1,200 square feet; two-story style - 800 square feet per level. 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IMPROVEMENTS THEREON: RESIDENTIAL DWELLING Tax Parcel ID: 08-11-0296-021 Address: 16 Montsera Road Carlisle, P A 17013 ~-", Q C) l _~ > t.:': t~,) l,V ~ 0 u ;, ~ ............. ~ --"\ \...>.> ...t: ~ _:;, \)~ ?~.~, ~ I'-'<'''-'l. . . s- ~ ---:-S) :-\. c -S:\ ~ C ~ .~ ~ 8" G' '0 ,--. ~ -J ~ --. <::') ~ - \): ~' \~--- :"") ;: J , ',) c' , ( 1:-" ;/.) . ::;) f A." . - MILSTEAD & ASSOCIATES, LLC BY: Corina M. Caniz, Esquire Attorney I.D. No. 82509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for The Bank of New York, et al File 02-5-01081 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA IN RE: CHAPTER 13 PROCEEDING Bryan & Davi Y outzy Debtors BANKRUPTCY NO. 0l-06345-MDF ORDER I J flT.J.day of AND NOW I this -r ~ , 2003, it is hereby ORDERED and DECREED that the Automatic Stay be modified to per.mit The Bank of New York as co-trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D to proceed with a foreclosure on the property located at 16 Montsera Road, Carlisle, PA 17013. BY THE COURT: Isf MARY D. P:RANCE The Honorable Mary D. France United States Bankruptcy Judge cc: Corina M. Caniz, Esquire Keith Dear.mond, Esquire Charles DeHart, Esquire, Trustee Bryan & Davi Youtzy ,. -~''''''R: p:::(.... FILE,D ~f\~"'PA-\_"0 r----- ! 1\ ' I ' (' 1 4 20n3 \ AUu . 'v \ l<S'p \ 1-' _~-J ~--~- I Cle;rk U '.::: [,',-b-I P'~"0:\I C, ,;::;..., ........;t. . "". " ... "'-:. .. -' . C) vv o ~ (, ,.' n~~ ;' N o ~ o v..: ~ ) Q r~'.. -'~ -') . ..! ,) c.' ( ; ::;:. (,~ MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID#83509 220 Lake Drive East - Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. NO.: 01-3571 Civil Term Brian L. Y outzy and David T, Youtzy Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The Bank of N ew York, et aI., Plaintiff in the above entitled cause of action, sets forth as ofthe date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 16 Montsera Road, Carlisle, PAl 7013: 1. Name and address ofOwner(s) or Reputed Owner(s): Brian L. Y outzy 16 Montsera Road Carlisle, P A 17013 David T. Y outzy 16 Montsera Road Carlisle, PAl 7013 2. Name and address of Defendant(s) in the Judgment: Brian L. Y outzy 16 Montsera Road Carlisle, PAl 7013 David T. Y outzy 16 Montsera Road Carlisle, P A 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: The Bank of New York as trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D (Plaintiff herein) 20 Broad Street New York, NY 10005 Child Support Enforcement Agency Domestic Relations 13 N. Hanover St Carlisle, P A 17013 4. Name and address of the last recorded holder of every mortgage of record: The Bank of New York as trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D (Plaintiff herein) 20 Broad Street New York, NY 10005 Drovers and Mechanics Bank 30 South George Street York, PA 17401 5. Name and address of every other person who has any record lien on the property: None known. 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: Occupant, 16 Montsera Road Carlisle, P A 17013 '" 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant, 16 Montsera Road Carlisle, P A 17013 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 under d that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 reI g to unswo fi 'ti authorities. CaRINA M. CANIZ, ESQUIRE #83509 Sworn and Subscribed to before methisJ~YOf Odo&l ' 2003. cLCL (jj1w({}JLfJ . USA ANN THOMAS iOARr PU8UC Of NEW ...1 CommfS$fon Expires 119f11X11 0 (-:-2 :::J C) ~~. r.. , , VJ .---, ') ...-; 0 c,, ) '" ,:..; + N 0 ~ :::) ( ...j a \fJ ~ ~ #- ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 67, Page 91. BEGINNING at a point in centerline of Montsera Road, T-544 at comer of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 seconds West 602.26 feet to a point; thence along Eastern edge of 50 foot private right of way, known as Harlohn Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right-of-way known as HarJohn Drive north 60 degrees 28 minutes 15 seconds East 467.29 feet to a point in centerline of Montsera Road, T-544; thence along centerline of Montsera Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of BEGINNING. CONTAINING 1,690 acres and designated as Lot 26, of Morredale Manor. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the Plan of Subdivision herein before mentioned, all easements, reservations and restrictions of prior record, as well as to the following conditions and restrictions to which they hereby granted parcel of land NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): BRIAN L. YOUTZY AND DA VID T. YOUTZY PLAINTIFF/SELLER: THE BANK OF NEW YORK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED ASOF NOVEMBER 30, 1997, SERIES 1997-D DEFENDANT(S): BRIAN L. YOUTZY AND DAVID T. YOUTZY PROPERTY: 16 MONTSERA ROAD CARLISLE, PAl 7013 NO.: 01-3571 Civil Term The above captioned property is scheduled to be sold at Sheriffs Sale on March 3, 2004 att 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 170 11. You may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not late than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. MILSTEAD & ASSOCIATES, LLC Corina M. Caniz, Esquire 220 Lake Drive East - Suite 301 Cherry Hill, Nl 08002 (856) 482-1400 02-5-01081 ....', :,) .f.,] c' ') ,:> ') -., :, :> ,--, '.,_.,i ;., ': MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID#83509 Woodland Falls Corporate Park 220 Lake Drive E, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY vs. No.: 01-3571 Civil Term Brian L. Y outzy and David T. Y outzy Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129.2 STATE OF NEW JERSEY) COUNTY OF CAMDEN) I, Corina M. Caniz, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Milstead and Associates, LLC, attorney for the Plaintiff in the above entitled cause of action. 2. On October 23,2003, a copy of the Notice of Sheriffs Sale of Real Property was served on the defendant(s), David and Brian Youtzy, by certified mail, return receipt requested. A copy of the signed certified cards is attached hereto and made a part hereof as Exhibit" A" 3. On or about October 21,2003, a Notice of Sheriffs Sale was served on all lien holders of record and interested parties by registered. A Copy of the proof of mailing is attached hereto and made a part hereof as Exhibit "B". A Notice ofIntention to Foreclose MortgagelNotice of Homeowners' Emergency Mortgage Assistance was sent to the defendants by regular and certified mail on April 6, 2001. orina M. Caniz, Esquire #83509 \ Sworn and Subscribed to before me this , S Day of S 0(, ,2004 fY) DAWN HOl=fMAN NOTARv l'iJ\LlC"';': ;'1':'," JERSEY Comm.\.$~Nl~1F)\rr~ II'i/'?:l}{1" - · ~o~pl~te items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mail piece or on the front if space permits. ' 1, Article Addressed to: ~\\'ld T 'Iou +2:.."/ I Lr (VI 01'\ i SeFCi fc'cc:\ d C( I r- ll:=' \ C: 0 i=1 I '10 I 3 o Agent o Addressee C. Date of Delivery D. Is. dillilleiy addreSS different from item 1? ,.'1 YES, ,ei)ter delivery address below: \ \" : ' , ',,:', 1 't ...') ~~~. DYes DNo 2, Article Number (Transfer from service label) PS Form 3811, August 2001 3, Service Type Ji?1 Certified Mail 0 Express Mail o Registered .$ Return Receipt for Merchandise o Insured Mail 0 C,Q.D. 4, Restricted Delivery? (Extra Fee) DYes 7001 1940 0000 3096 3461 Domestic Return Receipt 102595.01-M-2509 . Complete items 1,2, and 3. Also complete item' 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. o Agent o Addressee C, Date of Delivery SENDER: COMPLE~ 1. Article Addressed to: /E)( leI (} L. Yo u-j '2. \/ ) L(' rYi(::'('I+SC (' of? G-Ct,q . ..' 2L\t-L \ :s.lel.Jy':::'l l"l Dtg.; I ;-_'; D, Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. Service Type Jii;J Certified Mail 0 Express Mail o Registered ~ Return Receipt for Merchandise o Insured Mail 0 C.O,D, 4. Restricted Delivery? 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O::t ~Dl III ::l ..,Co (0= (D ::l lC - ~ ,< ~ .2!.o c:- '(D , - <5' III C/) c: 5; (D (D Co ::;;en O(DO b::lc: bg.(D , .., . ;:0 , , (D ;:0 , , ~ (D I 31 0 Ill' ;.1 ~ ~ I "TI (D (D I I I I I d::3~~z ~r08C/)r~ -<1lle:-fS: I^lllmm _. CD ::l )> )> -=~~o:z t:<.!!!.\lOO oCD(jj")>~ (Xl m 0 C/) Co oDlOC/) ~J!l.-o 0;:0 C/)oogJ ~~~en CDCDmO ~~sn"TI ....~F~ OZ o m ;:0 ci'OOOOXZ ~moo-;:o5! Dll$ CD oii: CD 0 tg ~ aos;<Q, ~ ffllt ~ltm c. ... -l "TI~S: ~-< :t=~ s:;g ~O "TI s: ~ r= 00 ~~ gg 0-0 s.o -o~ o Ql C/) - or:; -C/) -c: '" ... C/) III c: '" Ql 0 '" CD o CD o $'::t (Om -, 0 ~" ~ )> CD "tJ c."tJ s:;:o !!!.O :7"tJ ~ m I:D I'"" o o " "TI o ;:0 ;r? (D? Q)>~ Q'3len ...x-f 1ll~S: c.Ql~ Q:3;:o g-o " ::l~~ !!!.iilz 8::;;0 ~. g:' ~ (flc-f Q.~ m ~ el ~ ~~;:o !=a~ ""m g:s CD -f g, 3 III ::> (0 "TIen (D' (D!=' "TIen (D' (D;J: ...J G -\=- ~ f'J - ~ '6 -.;) ~ t"') r-:> ,-,~~ c>:. c_ r.....:: (-\ c:1 ..-" -,'- ;~\ c ) o Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D PLAINTIFF, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. Civil 01-3571 Bryan L. Y outzy David T. Youtzy 16 Montsera Road Carlisle, P A 17013 CIVIL ACTION DEFENDANTS. CERTIFICATION Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () An FHA Mortgage () Non-owner occupied () Vacant (X ) Act 91 Procedures have been fulfilled -_..~_.- .------ --.----- ----------- o c: .-...... -rJ fr' G)Q, Zf~ Cf)c, > ~t; ~() =(J )7C Z :2 c.:> --" ;'f1 -0 .."";:: -.,.... -:.v-. r:- ~ .~:? ~--'i e.-J, -';" - .1="' - . . 4 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO. Civil 01-3571 v. CIVIL ACTION Bryan L. Y outzy David T. Y outzy 16 Montsera Road Carlisle, P A 17013 . MORTGAGE FORECLOSURE DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Bryan L. Y outzy 16 Montsera Road Carlisle, P A 17013 Your house (real estate) at 16 Montsera Road, Carlisle, P A 17013 is scheduled to be sold at Sheriffs Sale on Wednesday December 5,2001 at 10:00 a.m. , Carlisle, P A 17013 to enforce the court judgment of $24,987.30 plus interest to the sale date obtained by The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-0 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-0, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-6354. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ., .. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Office at 717-240-6100. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6195. 4. If the amount due from the buyer is not paid to the Sheriff, you will, remain the owner ofthe property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffno later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7 . You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 () C -r) t=. IT1!", -/-,: ~;-..- ~.- l...- ei) "~ -< ~ ~C, =(, )o'C ~ c:: :n ,... r1 "0 r -.,.... '"--:.. ~-~ ~.. Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO. Civil 01-3571 v. CIVIL ACTION Bryan L. Y outzy David T. Youtzy 16 Montsera Road Carlisle, P A 17013 MORTGAGE FORECLOSURE DEFENDANTS. Date: September 10, 2001 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Bryan L. Youtzy and David T. Youtzy PROPERTY: 16 Montsera Road Carlisle, P A 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday December 5,2001 at 10:00 a.m., , Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. . . ) ALL THAT CERTAIN tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in plan book 67, page 91. BEGINNING at a point in centerline of Monts era Road, T-544 at comer of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 Seconds West 602.26 feet to a point; thence along Eastern E~ge of 50 foot private right-of-way, known as Har-John Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right of way known as Har-John Drive North 60 degrees 28 minutes 15 seconds East 467.29 to a point in centerline of Montsera Road; T-544; thence along centerline of Monts era Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of beginning. CONTAINING 1.690 acres and designated as Lot 26, of Moored ale Manor. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the Plan of Subdivision herein before mentioned, all easements, reservations and restrictions of prior record, as well to the following conditions and restrictions to which they hereby granted parcel of land shall be and will remain subject: 1. There shall be permitted no accumulations of junk, debris or unlicenced vehicles, unless garaged. 2. There shall be utilized no mobile homes, trailers, or temporary structures on the within described structure. 3. Living in the basement level of an uncompleted residence shall not be permitted. 4. No commercial breeding or boarding kennels shall be permitted on the within described parcel. 5. All residential structures sahlI have an attached garage of at least one car capacity and Shall have a minimum habitable, finished living area of: ranch, bi-level, or cape cod style - 1,200 square feet; two story style - 800 feet per level. 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. Tax Parcel/ID No.: 08-11-0296-021 o s; ~'::>- -,,. rl'li<, -;;- ---:- ~t~~ ...<: r:: ~::=: ._\ r Pc..: Z ~ (:) '-" 1"1 -U "C ~ - .r=- ....,-~ -"L~ :c -:. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 7919 Washington Lane W ncote, P A 19095 The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Civil 01-3571 Bryan L. Y outzy David T. Youtzy 16 Montsera Road Carlisle, P A 17013 CIVIL ACTION DEFENDANTS. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Bryan L. Youtzy and David T. Youtzy, Defendants for their failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in the Complaint Interest from 06/06/2001 to 07/16/2001 TOTAL $24,705.30 $ 282.00 $24,987.30 ,/' ' I hereby certifY that (1) the addresses of the Plaintiff and Defendant( s) are as shown abo~e~/' / (2) that notice has been given in accordance with Rule 237.1, copy attac~~/~/ / / , /t:;rY ~ ~; /' ~,/ ) ~..?/-f..Q- Richa tl . Squire, Esquir Attorney' for PlaintIff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE:JJ_'( [Pi ;lOot Richard M, Squire, . Esquire I.D, No, 04267 Richard M, Squire & Associates, LLC. 7919 Washington Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 215-886-1355 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D, Court of Common Pleas Civil Division v. Cumberland County Bryan L. Y outzy David T. Y outzy 16 Montsera Road Carlisle, P A 17013 No. Civil 01-3571 To: Bryan L. Youtzy 16 Montsera Road Carlisle, P A 17013 DATE OF NOTICE: July 3.2001 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORT ANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M, Squire, , Esquire I.D, No, 04267 Richard M, Squire & Associates, LLC, 7919 Washington Lane Wyncote, PA 19095 Telephone: 215-886-6354 Fax: 215-886-1355 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D, Court of Common Pleas Civil Division v. Cumberland County Bryan L. Y outzy David T. Y outzy 16 Montsera Road Carlisle, P A 17013 No. Civil 01-3571 To: David T. Youtzy 16 Montsera Road Carlisle, PA 17013 DATE OF NOTICE: Julv 3. 2001 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 7919 Washington Lane W ncote, P A 19095 The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil 01-3571 v. Bryan L. Y outzy David T. Y outzy 16 Montsera Road Carlisle, P A 17013 CIVIL ACTION DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendants Bryan L. Y outzy and David T. Y outzy are over 18 years of age and reside at 16 Montsera Road, Carlisle, PA 17013. This statement is made subject to the penalties of 18" P, ~"c,.".s.se ,c,ti n :49, /,4 r,e"lating,, t?:,,4 ,>/?/"/~ unsworn falsification to authorities. .' ' // ,,' ~~~/ ,/ /~ /~' / , ._/-7'" ..-" './' -,// /"''''-' f/ ~[ / / // ...- . , ./ /, /, . /' /~ // ../{ ,/// ~<-//' ' ,~ ~/' ~~~~ ./' Richard . Squire, E quire ' / Attorney for Plaintiff ~ ~~~8 r~~f? ~. b ~J r-' (' D ~- ~ CQ ":4 ~ -'<::l S The Bank of New York VS Brian L. Y outzy and David T. Youtzy In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3571 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard M. Squire. Sheriff's Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30,00 30.00 15,00 .50 1.00 25.66 10040 15.00 15.00 1.24 18.22 20.00 428.15 318.99 $ 929.16 paid by attorney 3-07-02 Sworn and subscribed to before me So An~~~ r~;lJ <;A'~ ~ This Iyff day of ~ /) 2002, A.D. (ll/~{).Inf..e~/'1 ~ Prothonotary R. Thomas Kline, Sheriff BY"-../ () cJ-ct JilVLct:h Real Estate Deputy '-::'{) I- LJtL ){i.l} (~_<./, /,) J PI ,.. , Richard M. Squire, Esquire LD. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, P A 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO. Civil 01-3571 v. CIVIL ACTION Bryan L. Y outzy David T. Youtzy 16 Montsera Road Carlisle, P A 17013 MORTGAGE FORECLOSURE DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D , Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 16 Montsera Road, Carlisle, P A 17013. 1. Name and last known address ofOwner(s) or Reputed Owner(s): Bryan L. Y outzy 16 Montsera Road Carlisle, P A 17013 David T. Youtzy 16 Montsera Road Carlisle, P A 17013 2. Name and last known address ofDefendant(s) in the judgment: Bryan L. Y outzy 16 Montsera Road Carlisle, P A 17013 David T. Y outzy 16 Montsera Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address oflast recorded holder of every mortgage of record: The Drovers & Mechanics Bank 30 South George Street York, PA 17401 . . 5. Name and address of every other person who has any record lien on the property: 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: Domestic Relations Cumberland County 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of P A Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, P A 17128-0946 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Tenants/Occupants 16 Montsera Road Carlisle, P A 17013 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 authori . s.! .., By: Date: September 10, 2001 Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997 - D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, . NO. Civil 01-3571 v. CIVIL ACTION Bryan L. Y outzy David T. Youtzy 16 Montsera Road Carlisle, P A 17013 MORTGAGE FORECLOSURE DEFENDANTS. Date: September 10, 200 1 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Bryan L. Y outzy and David T. Y outzy PROPERTY: 16 Montsera Road Carlisle, P A 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday December 5, 2001 at 10:00 a.m., ,Carlisle,PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ALL THAT CERTAIN tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in plan book 67, page 91. BEGINNING at a point in centerline of Montsera Road, T-544 at comer of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 Seconds West 602.26 feet to a point; thence along Eastern Edge of 50 foot private right-of-way, known as Har-John Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right of way known as Har-John Drive North 60 degrees 28 minutes 15 seconds East 467.29 to a point in centerline of Montsera Road; T-544; thence along centerline of Monts era Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of beginning. CONTAINING 1.690 acres and designated as Lot 26, of Mooredale Manor. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the Plan of Subdivision herein before mentioned, all easements, reservations and restrictions of prior record, as well to the following conditions and restrictions to which they hereby granted parcel of land shall be and will remain subject: 1. There shall be permitted no accumulations of junk, debris or unlicenced vehicles, unless garaged. 2. There shall be utilized no mobile homes, trailers, or temporary structures on the within described structure. 3. Living in the basement level of an uncompleted residence shall not be permitted. 4. No commercial breeding or boarding kennels shall be permitted on the within described parcel. 5. All residential structures sahlI have an attached garage of at least one car capacity and Shall have a minimum habitable, finished living area of: ranch, bi-Ievel, or cape cod style - 1,200 square feet; two story style - 800 feet per level. 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. Tax Parcel/ID No.: 08-11-0296-021 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND} NO, 01-3571 CIVIL 1~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due The Bank of New York DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s} and to sell See Leqal Description (2) You are also directed to attach the property of the defendant(s} not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to 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, Due Prothy Other Costs $.50 $1.00 $24,987.30 $1,001.10 L,L. Amount Due Interest Atly's Comm Atly Paid Plaintiff Paid 0/0 $120.96 Date: SeprAmhP.r 11, 2001 Curtis R. Long Prothonotary, Civil Division --by. ~O~H < r.7;JOf/J/X..j Deputy REQUESTING PARTY: Name Richard M. Squire, Esq. One Jenkintown Station, Suite 1U4 115 West A'v'c., Jenkintown, PA 19046 Attorney for: Plaintiff Telephone: 215-886-8790 Supreme Court 10 No. 04267 Address: REAL ESTATE SALE No. :2>1 On September 17, 2001, the sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, known and numbered as 16 Montsera Road, Carlisle, and more fully described on Exhibit "A" filed with this writ and by Date: September 17, 2001 By: ~ ~ate Deputy ~ ~ c:::::::; ~ this reference incorporated herein. ....!' . ;,,; ~.~ tj I \ j , G Z I d3S AH,:i ,:1.:1 iiL? H , I;) . j:;.:IJO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 12, 19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .~.- R/Jger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 REAL ESTATE SALE NO. 37 Writ No. 2001-3571 CMl The Bank of New York as Trustee Under the Pooling and SeIVicing Agreement Dated as of November 30. 1997 Series 1997-D vs. Bryan L. Youtzy and David T. Youtzy Atty.: Richard M. Squire ALL THAT CERTAIN tract of land situate in Dickinson Township. Cumberland County, Pennsylvania, bounded and described in accor- dance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11. 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County. in plan book 67, page 91. BEGINNING at a point in cen- terline of Montsera Road. T-544 at comer of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 Seconds West 602.26 feet to a point; thence along East- em Edge of 50 foot private right- of-way, known as Har-John Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right of way known as Har-John Drive North 60 degrees 28 minutes 15 seconds East 467.29 to a pOint in centerline of Montsera Road; T-544; thence along centerline of Montsera Road, T-544, South 41 degrees 12 min- utes 25 seconds East 158.54 feet to a point, the place of beginning. CONTAINING 1.690 acres and designated as Lot 26, of Mooredale Manor. UNDER AND SUBJECf. NEVER- THELESS, to all notes and restric- tions on the Plan of Subdivision hereinbefore mentioned, all ease- ments. reservations and restrictions of prior record, as well to the fol- lowing conditions and restrictions to which they hereby granted par- cel of land shall be and will remain subject: I. There shall be permitted no accumulations of junk, debris or unlicenced vehicles, unless garaged. 2. There shall be utilized no mo- bile homes, trailers. or temporary structures on the within described structure. 3. Living in the basement level of an uncompleted residence shall not be permitted. 4. No commercial breeding or boarding kennels shall be permit- ted on the within described parceL 5. All residential structures shall have an attached garage of at least one car capacity and Shall have a minimum habitable, finished living area of: ranch. bi-level, or cape cod style - 1,200 square feet; two story style - 800 feet per level, 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. Tax Parcel/ID No.: 08-11-0296- 021. .,~. tIf.., .' , 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of 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 pTinted notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or 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 Tesolution 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 RecoTding of Deeds in and for said County Of:], hii' Miscellaneous Book "M", Volume 14, Page 317. , / L~ PU BLICA TION ......................... n.. L....................... '" ........................................ COpy Sworn to and subscribed before me thi S ALE #37 Notarial Seal Terry L Russell, Notary Public Harrisburg, Dauphin County My Commission Expires June 6. 200a.ly mmission expires June 6, 2002 Member, Pennsylvania ASSOCiation 01 Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ) Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 317.49 1.50 318.99 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESTATE SALE No. 37 Writ No. 2001-3571 Civil Term The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30,1997 Series 1997.0 vs Bryan L. Youtzy David T. Youtzy Atty: Richa,d M. Squire DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson ,Township, Cumberland County, Pennsylvania, bounded and dcscribed in accordance with a plan prepared by Rodney Lee Decker, RP.L.S" dated March II, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 67, Page 91. BEGINNING at a point in centerline of Montsera Road, T-544 at corner of Lot No. 27; thence along Lot No, 27, South 65 degrees 42 minutes 50 seconds West 602,26 feet to a point: thence along Eastern Edge of 50 Tool private right-of.way; known as Har-Jobn Drive North '6 degrees 42 minutes 20 seconds West 120,00 fect to a point; thence still along Southern edge of 50 foot private right of way known as flar-John Drive North 60 degrees 28 minutes 15 seconds East 467.29 to a point in centerline of Montsera Road: T-544; thence along centerline of Montsera Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point the place of beginning, CONTAINING 1,690 acres and designated as Lot 26. of Mooredale Manor, UNDER AND SUBJECT, nevertheless. to all notes and restrictions on the Plan of Subdivision herein before ment!oned, all casements, reservations and restrictions of prior record, as well to the following conditions and restrictions to which they hereby granted parcel of land shall be and will remain subject, There shall be permitted no accumulations of junk, debris or unlicensed vehicles, unless garaged, There shall be utilized no mobile homes, trailers, or temporary structures on the within described structure, Living in the hasement level of un uncompleted residence shall not be pennitted, , No commercial breeding or boarding kennels shall be permitted on the within described parceL All residential structures shall have an attached garage of at least one car capacity and shall have a minimum habitable, filii shed livmg area of: ranch, bi-Ievel, or Cape Cod style-I ,ZOO square feet; two story style-8oo feet per level. " Horses shall be pennitted as provllled 10 Dickinson and Pen,. Township Zoning Ordinances, AND the said Grantors hereby covenant and agree thai they will warrant specially Ihe property bereby conveyed, Tax ParcellID No,; 08-11-0296.021, Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, P A 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997 - D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO. Civil 01-3571 v. CIVIL ACTION Bryan L. Y outzy David T. Youtzy 16 Montsera Road Carlisle, P A 17013 MORTGAGE FORECLOSURE DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D , Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 16 Montsera Road, Carlisle, P A 17013. 1. Name and last known address ofOwner(s) or Reputed Owner(s): Bryan L. Y outzy 16 Montsera Road Carlisle, P A 17013 David T. Y outzy 16 Montsera Road Carlisle, P A 17013 2. Name and last known address of Defendant(s) in the judgment: Bryan L. Y outzy 16 Montsera Road Carlisle, P A 17013 David T. Youtzy 16 Montsera Road Carlisle,PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address oflast recorded holder of every mortgage of record: The Drovers & Mechanics Bank 30 South George Street York, PA 17401 5. Name and address of every other person who has any record lien on the property: 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: Domestic Relations Cumberland County 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of P A Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, P A 17128-0946 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: Tenants/Occupants 16 Montsera Road Carlisle, P A 17013 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 Date: September 10, 200 I o ~ ~~~ (/J },' -< [< ~~t~ PC z ::<! c:. en n1 -0 -"- -'- r- 0> --) . ~----..; ,- .,.. ::'0 -", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION vs. ( ) Confessed Judgment (~) Other File No. Ci \J I I 0 I . 3S II Amount Due 24-. Cf ~ 1 . ?:D Interest I , 00 I . t 0 Atly's Comm Costs Caption: '11'1 e P:J (Ax'"', k 'OF I\JC \,v \j () rl<. b r I ~V,~ . \4 ~ u t- 1- ~ l~vl G\ I, '1 au t'7-~ TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of C v h'1 t:t~ ( I Q () c.l County, for debt, interest and costs, upon the following described property of the defendant(s) IlR t.../)() n~Sc {a tZoact CCL{ h S \ <:1 C(1 \10i~ PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). .-'",,/1 "I ./ o (Indicate) Index this writ against the garnishee(s) as a lis pendens against .~e'ai/~ p.te(1)~' defendant(s) described in the attached exhibit. __~,// ,/.:/ //.../ . .~ '/ ,//// / Date 911 c J 0 I Signature: / ~;' ,~'-o>.// ~// /. .-..<:...... ;?Z"<~/--<-{. Print Name: / J2,c cvC1 ?t [(1 vir cSc u;(e... Address: O....1( Jenkll'ltvLl1f\, Qtwn I 5~UI tc 104 )IS weSl ^VC 'J,Jetlk!(rlOw(1, PA jC,04 Attorney for: ine ~n~ of Nel-u ~o(k Telephone: (1,15J Sfi...;lo' 8'1cto Supreme Court 10 No.: ()4-2Ctn (over) ALL THAT CERTAIN tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11, 1993 and recorded in the Office ofthe Recorder of Deeds for Cumberland County, in plan book 67, page 91. BEGINNING at a point in centerline of Monts era Road, T-544 at comer of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 Seconds West 602.26 feet to a point; thence along Eastern E~ge of 50 foot private right-of-way, known as Har-John Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right of way known as Har-John Drive North 60 degrees 28 minutes 15 seconds East 467.29 to a point in centerline of Montsera Road; T-544; thence along centerline of Monts era Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of beginning. CONTAINING 1.690 acres and designated as Lot 26, of Mooredale Manor. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the Plan of Subdivision herein before mentioned, all easements, reservations and restrictions of prior record, as well to the following conditions and restrictions to which they hereby granted parcel ofland shall be and will remain subject: 1. There shall be permitted no accumulations of junk, debris or unlicenced vehicles, unless garaged. 2. There shall be utilized no mobile homes, trailers, or temporary structures on the within described structure. 3. Living in the basement level of an uncompleted residence shall not be permitted. 4. No commercial breeding or boarding kennels shall be permitted on the within described parcel. 5. All residential structures sahlI have an attached garage of at least one car capacity and Shall have a minimum habitable, finished living area of: ranch, bi-Ievel, or cape cod style - 1,200 square feet; two story style - 800 feet per level. 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. Tax Parcel/ID No.: 08-11-0296-021 ("') c.) C 0 ~ u, '""Or':" ~ - Q1r';", Pi i ~ .(q ~ <<t l:l ~ ~ .oL~::"'T~ - h Zr - 0 I..J ...0 6' L-. ~ (I)) 8 3 , . 0 .-( ...::.=- ......... ~ C ...Q 8 a 8 ...0 r;:c::' "1':;1 "'- $.-. G'- ()'- Ii' C z~ -... "" 0 I I I I ~ ~E: r:- Oo C) 1- ~ z r ("- ~ ::; I'"' ~ ..... ~ .(:'" Xi / -- -~ ;- ... / ... i: .... .... ... "'""" '"' .... .... ~ ...... Yt-l: - '" SHERIFF'S RETURN - REGULAR CASE NO: 2001-03571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK ET VS YOUTZY BRYAN L ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOUTZY BRYAN L the DEFENDANT , at 1759:00 HOURS, on the 12th day of June , 2001 at 16 MONTSERA ROAD CARLISLE, PA 17013 by handing to BRYAN YOUTZY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.96 .00 10.00 .00 32.96 ~~~ R. Thomas Kline -t;r..- .)S'- day of 06/14/2001 RICHARD SQUIRE ~ By' ~tdD #J. . Deputy Sheriff Sworn and Subscribed to before me this ~ ~I A.D. ~Q-~, - P othonotary ,~ '"', SHERIFF'S RETURN - REGULAR CASE NO: 2001-03571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK ET VS YOUTZY BRYAN L ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOUTZY DAVID T the DEFENDANT [ at 1759:00 HOURS, on the 12th day of June 2001 at 16 MONTSERA ROAD CARLISLE [ PA 17013 by handing to BRYAN YOUTZY, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 u;~" ?,:.e. .'-..J _~;?;(' /..;;v " ~ ;'~""'-"~i'-:'-'''''r.' f +';"'J~..:~"!-'- . .. '. R. Thomas Kline Sworn and Subscribed to before 06/14/2001 RIeRA::, SQUI~ ~ IJ~ Deputy Sheriff me this .1 f 'C; day of C)u4.- ;2.0t;J I A. D . ~o.~.~ r thonotary J Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 liS West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorne s for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Civil 01-3571 David T.Youtzy CIVIL ACTION DEFENDANT. MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by itslhislher Attorney, Richard M. Squire, Esquire, hereby verifies that: 1. A copy ofthe Notice of Sheriffs Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for Writ of Execution on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriffs Sale was sent to the Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. .. ( R[CH~. SQ;IRE & A: 7 v / ( Dated: November 29,2001 ....." Richard M. Squire, Esquire J.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 liS West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO. Civil 01-3571 v. CIVIL ACTION Bryan L. Y outzy David T. Y outzy 16 Montsera Road Carlisle, P A 17013 MORTGAGE FORECLOSURE DEFENDANTS. Date: September 10, 2001 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Bryan L. Youtzy and David T. Youtzy PROPERTY: 16 Montsera Road Carlisle, P A 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday December 5, 2001 at 10:00 a.m., in the Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. hhlblt '/1" The Bank of New York VS Brian L. Y outzy and David T. Y outzy In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3571 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2001 at 11 :16 o'clock A.M., E.D.S.T., she 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: Brian L. Youtzy, by making known unto Brian Youtzy personally at 16 Montsera Rd., Carlisle, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2001 at 11 :16 o'clock A.M., E.D.S.T., she 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: David T. Youtzy, by making known unto Brian L. Youtzy, adult in charge, at 16 Montsera Road, Carlisle, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 1,2001 at 2:48 o'clock P.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian L. Youtzy and David T. Youtzy, located at 16 Montsera Rd., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Bryan L. Youtzy, by regular mail to his last known address, 16 Montsera Rd., Carlisle, P A 17013. This letter was mailed under the date of October 3, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: David T. Youtzy, by regular mail to his last known address, 16 Montsera Rd., Carlisle, P A 17013. This letter was mailed under the date of October 3, 2001 and never returned to the Sheriffs Office. Sworn and subscribed to before me ~.,<~ This day of R. Thomas Kline, Sheriff 2001, A.D. Prothonotary Byg,b~~ R al Esta e Deputy Dh \ h; 1 hR' (J)\l-l .... c z~~ , .... .... .... .... to cP -.I '" (II ~ e,.J t-> ;;) ..:: ....0 " III -.0 t-> .... C> lD :::I to::r (\_";:J ~ 0; e,.J ~:;fa n 0.1Il- => ;r :r.C~ z ~~~ ~ R' _.~ Q.lIlc )>c \l ::r . 0.";:J tr a% )> 5' (J) (.0) ~ << ~\Il to '% ~. ~ ..::~ 10""' ~:::Ia -l g, (]I{;I\) ;;);;) 0>0. 0....-1 :r.OOJOO 0....0 -<e,.J-I 6:' ~~ I\) 0> 0> I\) o>C 0> 0 Ol e,.> 0 oo::r ;1- (J) 0> '" 2:~~ _-0--03 2:Z3 0 00; !!!-o:::l ~.,..~0l3 ~:r.~ _ 00 Z g. ___ 1Il- III :::I !it o-",c~o \lc- I\) ( ., ~~ -\l ~ 5' '):>g-~ III ~ -\l~0 ~~s.lIli ....(j)~ 3 0.3 "._0 _ <gO-a.o> ".~~ 10 - ~o- 11>0 -.1(1)'" -00 r ~ -o~ :4?!-5 ~o>%s.~ ~~Oi ~3 (lO 0- 5 ~ %~ ~lll~ -0::0 <3(J)5' ....o>~ ~t :4 ~(1)~ ~~:;j (J)(J) 00. e,.>o.lii .... ;;) ~ \l e,.>o>'" ::, 0-' ~~ ~g. =""' qs ~~". _.10 ;3l0> 0> III g: ~ ~$ 2 (\):::1 c::: o (1) -g; t; lG <g 3 OJ 0> 0- ~CIl ~ II> ~ \Iltt iil ",II> :::I '" 10 0. !'" 0 00 0 ;;) C 0. ~ .< l/" ". '" --.. -0 00000 ~-o / ,,' - 0 ~:/' ~ '. t~ f-'--..' >'" {t\OOS'::O 1\)0 fig;; o ft~\ III 3~ fro .if ~.~ ~t~ ~ ~(J) 0",0> ..,aos~ (1)~ U~' -~' -- 10 CD::::!:I (I)...... ~~ "1E\ '" (1) 0. (1) j.L'O .. ~ ., t t ~ --..::: Ul 0. .., ~~ ~ ' ' ~~ ~ \ ' I'" ,/ }"-, -n ~.~_ 3:- o>{t\ ~ ~;/'iI 10 ~,?' III -- ~ ~-o " ") '\':'.: ~~ '-... - ~,/ -;. 0:& -0 t .~ t; ::TO> ~ \ ~ir .' 0>;;) ,,",9:: (1) :-r IDS' ~ , \ \ lDlD , ~ >-:; 00 ~ -< ZZ co 'Ii ~ e.~ v,' , ." ~~l'" gg g- o c:> '" 0-0 a c:> ;..- ~o 0., :0 c:> -o~ 3:- c:> ~~ Wt <:) o~ ~ ~~~~\~~ ~~ ~S' G) 00'" _c _Ul ~ ~.g,~~ lS,_ c'" _c ::;1- <1!.S'_'%~%~ 1011I ~~ ::rtO tZ. 3 '30- 0. ~ _ 0 ~ 9--0 S'~S'% ~(\) 9:~Olo. 0- m ~'f~~ S'~~, 0 ? ::;;CIl (1) ~.. !..2.~~g c> Vl c:: 0100 Z s,~:.~ ~-o ~ g~ f'1'\ ~ ' b~~ ~ 'i ti\~ ~ ~ ~ ~-o -< (/'l ~ ~ 3 - ~-o. . lD ",'g~"~'i ONtO("')~ ?"" to. c::<.ooo....-o Wt _ '" ~!.v;' ~ :......J z,.w-iOO ~9:g~~! -i .U'''''' (/'l 6,cJ1 o' -i , ? ~:n~g\~ .- 'U ~ -n::O J> :D ~ II> . (") i\r~i~ lDtJ 0 P ~!.t~~!' -nCll ~~~ti\ :~ ~ 0...3--' ~~"'~~.., -nCll ~ ~!o ~ l~T;~~& II> . 1I>"f. :n o-'~ c- ~ to! ~ai- , o~~\l3 ~~ ~ ~w~' ",0.", -0'5 ". o,"'-"gi"' \~ ~ <1!.8ft"" ~ o t1l'g'\i i~' ~ ~ ~ ~ 5-'3~ ~~ 3\0 '0 \\"'O\\i ;..\~ :0 o'i~~"-' tfl '" lS,g;a."- II' \ i (/) 'l!.f'%' 3 (/) ~.~3 ~ '" 3: :>", ". ~ 0- _ 0.<1!. r $ ;. c: c- ~ If .., ..( "l:I "' o "lI ~ '!: r ~ i 4 - A 8\1\ Otl "6' n c c ,--, I ") c. . '. ~c' _ ~: --. -<: ~ . Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney 10#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorne s for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Civil 01-3571 Bryan L. Y outzy CIVIL ACTION DEFENDANT. MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by itslhislher Attorney, Richard M. Squire, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for Writ of Execution on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to the Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Dated: November 29,2001 Richard M. Squire, Esquire LD. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997-D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO. Civil 01-3571 v. CIVIL ACTION Bryan L. Y outzy David T. Youtzy 16 Montsera Road Carlisle, PA 17013 MORTGAGE FORECLOSURE DEFENDANTS. Date: September 10,2001 To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): Bryan L. Y outzy and David T. Y outzy PROPERTY: 16 Montsera Road Carlisle, P A 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale, Wednesday December 5, 2001 at 10:00 a.m., in the Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriffnot later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. r- h ~ I t hA" D. I 7 The Bank of New York VS Brian L. Y outzy and David T. Y outzy In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3571 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2001 at 11 :16 o'clock A.M., E.D.S.T., she 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: Brian L. Y outzy, by making known unto Brian Y outzy personally at 16 Montsera Rd., Carlisle, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2001 at 11:16 o'clock A.M., E.D.S.T., she 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: David T. Youtzy, by making known unto Brian L. Youtzy, adult in charge, at 16 Montsera Road, Carlisle, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 1,2001 at 2:48 o'clock P.M., E.D.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian L. Youtzy and David T. Youtzy, located at 16 Montsera Rd., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Bryan L. Y outzy, by regular mail to his last known address, 16 Montsera Rd., Carlisle, P A 17013. This letter was mailed under the date of October 3, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: David T. Youtzy, by regular mail to his last known address, 16 Montsera Rd., Carlisle, PA 17013. This letter was mailed under the date of October 3, 2001 and never returned to the Sheriffs Office. Sworn and subscribed to before me ~A~~ This _day of R. Thomas Kline, Sheriff 2001, A.D. Prothonotary ByQD~.s~ R at Esta e Deputy C'"lhi vi t" r3" -r ) W~c;I i)10~? ~ 0; n 0. (I) - :> (l)II>Z ~~~\ ~ ~ hg. -l .... N .... ..... .... 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(j) ~ ')>;8" ~ .....~ "'(l)~(I)1I> C -oO)gg.~ ....~o; ~g~ :j 6'"Cl:V ~::o S' '3 (I) 5' .... <g ~ Ol>>~"" ;a:~g.""c:t'? (/l0> ~o.!$:i S(j;-o(.o)~U> ",g- ~ g~')> .....g. ~~ g (l) 2.....9: ,l>. 3 tP 0) g 0> ~ ~ ? 0. o o c .& ~~ "=', \ " :::..--. S/~- / " , --,:,,"'" ~" ,~" (l.\ f~~Wh h"' ",-c,'i: ~:~\., -P-"'" ~ , ~ l ~. \ ' ;; '- \ - ~. . ; , :'~ _" ~'i,' t 'f.~_: '!I1d~ t Q \ ~~~"\.. ~-" \ -.; \ >of 1 C> C> o c::> ~~ ~%~ ,,~ "'... ~: C> g~ ~ ~:......J bt.J'1 .l> Vl c:: :J> tti ~ tn ::J; _z-o- gtfi<g8;:.-o ;Z..<C-lOO -\.fJ\m (j) <::> - -\ ._ '1J :J> 1> W. r . -' Cf-,lf\ \ 0lt . \'0' ' -z: ~~ _' r:T 01\) ji'''' S. r :i' I\) ~caC? '3.... g- o cO I>> %-~a - ~ ~ -o~. :v5(/l <0 '%~. g? iD (J1~1>> :j? (1)0. r; II> o o ~ '!' r S -z: 0> 3 I\) -gs. *'t. gg. -I\) ~: 't.; g.~ I\) ... .,,1\) Ul Q) r'" II) ::l 0. -vooooot ~~oo:;~t ~~~gs<g.' I\)~~ 2t~(\ II> 0. - -n~~ 2t; I\)~~ ~11 I\) o>e ., ~ ~ r o:l: ~II) ~~ to -' I\)? to \..::: -< -e~~ ~_~ r- t 00 ~~ 9'9' 0-0 ~g -0..... g~ o;? _II> -c ? ... 11>0> c? %S g ~ <01 ~ (I) ! s: ~ <'5 o>Ul _c c'" 1\)1\) 0. :::'(1) (")1\) 0 . ::l c: 9~1Il 9'" -:7' 1\)7' -n(l) I\) . Ill? -n(l) I\) . I\):t: \-e -e ~ 3 \ 0 0> . I\) ;:-\':"" "'\i - o -- ~ f' ~ n ~:: 2Jr' ?:~., ~-; . ~-) > ~' t,<:,:: -h " , 5~~ ( IN -4::. ""'V . 5 c..... .' r-:J ") -) c', "-;-.. THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC By: Eric Meth, Esquire Attorney ID#59439 325 New Albany Road Moorestown, NJ 08057 (856) 222-1508 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30,1997, Series 1997-D Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 01-3571 Bryan L. Y outzy David T. Y outzy Defendant(s) WITHDRAW AL OF APPEARANCE TO THE COURT: I / Kindly withdrawal my appearance on behalf of the ,1 ve PlaintiV," T Tl~lank Of;/. / / ~ York, et a!. 7 ~. :~ " Richard M. Squire, Esquire Attorney LD. No. 04267 ENTRY OF APPEARANCE TO THE COURT: al. Kindly enter my appearance on behalf Ofthe~above,~~nti~ York, ej ---.,,,,. .,' .,' /7 " ,"v .. //;;// ~th~Squir. .' Attorney ID No. 59439 0> {'J c o c. ~ ~ . . V'I ~ ~ '5 THE LAW OFFICE OF MICHAEL J. MILSTEAD, LLC By: Eric Meth, Esquire Attorney ID# 59439 325 New Albany Road Moorestown, New Jersey 08057 (856) 222-1508 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No. Civil 01-3571 VS. David T. Youtzy Defendant WITHDRAWAL OF APPEARANCE TO THE COURT: /' New y~~d~~ ~~~drawal my appearance on behalf Ofthzeab ve Plaintiff" T7' Bank of ,'W ): ;t'~L Richard M. Squir~//~/I l~ Attorney I.D. No. 0'1' U; ENTRY OF APPEARANCE ' TO THE COURT: Kindly enter my appearance on behalf of the abov York et al. 0 0 ...-........ .' c:. ~,;; -1'1 2'" (~ ~S ':"1 :'"? \ U:- (.; -' ,--' --, .",~ -:.~ ;;.. (-~. -."> ~~~ t: --- :? N \ ':::t --' '....~.. ~ .,....., :2: -< CJ ----~_."' The Bank of New York, as Trustee Under The Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997 - D VS Brian L. Y outzy and David T. Y outzy In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3571 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Corina Caniz. Sheriff s Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Service Law Journal Patriot News Law Library Prothonotary Share of Bills 30.00 620.43 15.00 15.00 15.00 30.00 11.04 423.50 367.12 1.00 29.32 $1557.41 paid by attorney 02/24/04 ?~~J Tms)~~d~of~ ' /'j .~, _ R. Thomas Kline, Sheriff 2004, A.D. L-i7/U-- Q ~/~ - BY Ii- Real Es ' e Deputy Sworn and subscribed to before me Prothonotary '!, \.uu th.. Lj 11 4 ~_~ .~ /1./9117 /, , MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID#83509 220 Lake Drive East - Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997- D COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. NO.: 01-3571 Civil Term Brian L. Y outzy and David T, Youtzy Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The Bank of New York, et at, Plaintiff in the above entitled cause of action, sets forth as ofthe date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 16 Montsera Road, Carlisle, PAl 7013: 1. Name and address ofOwner(s) or Reputed Owner(s): Brian L. Y outzy 16 Montsera Road Carlisle, PAl 7013 David T, Youtzy 16 Montsera Road Carlisle, P A 17013 2. Name and address of Defendant(s) in the Judgment: Brian L. Y outzy 16 Montsera Road Carlisle, PA 17013 J' ; David T. Y outzy 16 Montsera Road Carlisle, P A 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: The Bank of New York as trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D (Plaintiff herein) 20 Broad Street New York, NY 10005 Child Support Enforcement Agency Domestic Relations 13 N. Hanover St Carlisle, PAl 7013 4. Name and address of the last recorded holder of every mortgage of record: The Bank of New York as trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D (Plaintiff herein) 20 Broad Street New York, NY 10005 Drovers and Mechanics Bank 30 South George Street York, PA 17401 5. Name and address of every other person who has any record lien on the property: None known. 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: Occupant, 16 Montsera Road Carlisle, PAl 7013 .' 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Occupant, 16 Montsera Road Carlisle, P A 17013 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 under d that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 reI g to unswo fi 'ti authorities. CaRINA M. CANIZ, ESQUIRE #83509 Sworn and Subscribed to before me this J (;ity of Odol1/l ' 2003. d ~ lACL ,. /f!J, USA ANN moMAS ~PUSUC OF8.&SEr CommI$SJon txplres 119fm! MILSTEAD & ASSOCIATES, LLC By: Corina M. Caniz, Esquire Attorney ID#83509 220 Lake Drive East - Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff The Bank of New York as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997- D Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. NO.:01-3571 Civil Term Bryan L. Y outzy and David T . Y outzy Defendant :REAL PROPERTY :PURSUANT :NOTICE OF SHERIFF'S SALE OF :TO PENNSYLVANIA RULE OF :CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (real estate) at 16 Montsera Road, Carlisle, P A 17013 is scheduled to be sold at Sheriffs Sale on March 3, 2004 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $24,987.30 obtained by The Bank of New York, et aI. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Corina M. Caniz, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To fmd out how much you must pay, you may call Corina M. Caniz at 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on following page and how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Corina M. Caniz at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Corina M. Caniz at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE TIDS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association Carlisile, PA 17013 (800) 990-9108 02-5-01081 ALL that certain tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Rodney Lee Decker, R.P.L.S., dated March 11, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 67, Page 91. BEGINNING at a point in centerline of Montsera Road, T-544 at corner of Lot No. 27; thence along Lot No. 27, South 65 degrees 42 minutes 50 seconds West 602.26 feet to a point; thence along Eastern edge of 50 foot private right of way, known as HarJohn Drive North 16 degrees 42 minutes 20 seconds West 120.00 feet to a point; thence still along Southern edge of 50 foot private right-of-way known as HarJohn Drive north 60 degrees 28 minutes 15 seconds East 467.29 feet to a point in centerline of Montsera Road, T-544; thence along centerline of Montsera Road, T-544, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of BEGINNING. CONTAINING 1,690 acres and designated as Lot 26, of Morredale Manor. UNDER AND SUBJECT, NEVERTHELESS, to all notes and restrictions on the Plan of Subdivision herein before mentioned, all easements, reservations and restrictions of prior record, as well as to the following conditions and restrictions to which they hereby granted parcel of land shall and be and will remain subject: 1. There shall be permitted no accumulations of junk, debris, or unlicensed vehicles, unless garaged. 2. There shall be utilized no mobile homes, trailers, or temporary structures on the within described structure. 3. Living in the basement level of an uncompleted residence shall not be permitted 4. No commercial breeding or boarding kennels shall be permitted on the within described parcel 5. All residential structures shall have an attached garage of at least one car capacity and shall have a minimum habitable, finished living area of: ranch, bi- level, or cape cod style - 1,200 square feet; two-story style - 800 square feet per level. 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IMPROVEMENTS THEREON: RESIDENTIAL DWELLING Tax Parcel ID: 08-11-0296-021 Address: 16 Montsera Road Carlisle, P A 17013 WRIT OF EXECUTION a.nd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-3571 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 11/30/97, SERIES 1997-D Plaintiff (s) From BRIAN L. AND DAVID T. YOUTZY, 16 MONTSERA ROAD, CARLISLE P A 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 16 MONTSERA ROAD, CARLISLE P A 17013 (SEE LEGAL DESCRIPTON) . (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 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 $24,987.30 Interest 7/18/01 TO 3/3/04 = $3,923.70 L.L. Atty's Comm % Due Prothy 1.00 Other Costs Atty Paid $1,061.62 Plaintiff Paid Date: OCTOBER 20, 2003 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name CORINA M CANIZ ESQUIRE Address: 220 LAKE DRIVE EAST - SUITE 301 CHERRY HILL NJ 08902 Attorney for: PLAINTIFF Telephone: (856) 482-1400 Supreme Court ID No. 83509 Real Estate Sale # 26 On November 17,2003 the sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, P A Known and numbered as 16 Montsera Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 17,2003 By: --M 1" 1 J,/lA ,-UL Real Es;;a j);;;; I \'! t H:3 6 L", I d Dt Z ZZ 130 A1Nr ." v' -~;'"I~ .:I:.II(jJr':~ " I:; i:!.iO ~ &D$ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JANUARY 16,23,30,2004 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 natter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing ltements as to time, place and c1 aracter of publication are true. r ~ ~ ,..----- di tor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 ~MM. SEAL lOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2005 REAL ESTATE SALE NO. 26 Writ No. 2001-3571 Civil The Bank of New York, as Trust under the Pooling and Servicing Agreement dated as of November 30, 1997 Series 1997 - D vs, Bryan L, Youtzy and David T. Youtzy Atty,: Corina Caniz ALL that certain tract of land situ- ate in Dickinson Township. Cum- berland County, Pennsylvania, bounded and described in accor- dance with a Plan prepared by Rod- ney Lee Decker, RP,L,S" dated March 11, 1993 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 67. Page 91. BEGINNING at a point in center' line of Montsera Road, T -544 at cor ner of Lot No, 27; thence along LoI No. 27, South 65 degrees 42 min utes 50 seconds West 602,26 feet to a point; thence along Eastern edge of 50 foot private right of way. known as HarJohn Drive North IG degrees 42 minutes 20 seconds West 120.00 feet to a point; theme still along Southern edge of 50 foot private right-of-way known as HarJohn Drive north 60 degrees 28 minutes 15 seconds East 467,29 feet to a point in centerline of Montsera Road. T-544; thence along centerline of Montsera Road. T-5'14, South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of BEGINNING, CONTAINING 1.690 acres and designated as Lot 26, of Morreclale Manor, UNDER AND SUBJECT, NEVlm- lliELESS, to all notes and restric- tions on the Plan of Subdivision herein before mentioned, all ease- ments, reservations and restrictIons of prior record, as well as to the following conditions and restrictions to which they hereby granted par- cel of land shall and be and will re- main subject: 1. There shall be permitted no accumulations of junk, debris, or unlicensed vehicles, unless garaged. 2, There shall be utilized no mo- bile homes, trailers. or temporary structures on the within described structure, 3, Living in the basement level of an uncompleted residence shall not be permitted, 4, No commercial breeding or boarding kennels shall be permit- ted on the within described parceL 5. All residential structures shall have an attached garage of at least one car capacity and shall have a minimum habitable, finished living area of: ranch. bi-level. or cape cod style-I. 200 square feet; two-story style--800 square feet per level. 6. Horses shall be permitted as provided in Dickinson and Penn Township Zoning Ordinances. AND the said Grantors hereby covenant and agree that they will warrant specially the property here- by conveyed, IMPROVEMENTS THEREON: RESIDENTIAL DWELLING. Tax Parcel ID: 08-11-0296-021. Address: 16 Montsera Road. Car- lisle, PA 17013. , '. " 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 regulaT daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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", V;I~::I~:~~~;......... . ..!~..... ............ I COpy Sworn to and subscrib d S ALE #26 Notarial Seal Terry l. Russell, Notal'{, City Of Harrisburg, DauphIn My Commission Expires June 6. . N TARY PUBLIC Membef. Pennsylvania AsSQCiaIion 01 ~y commission expires June 6, 2006 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 367.12 Publisher's Receipt for Advertising Cost The Patriot News Co., publisheT of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By................................................................... . RE"'L ESi"'iE Sto.\.e ~Q" '2.~ Wt\\ ~o. 200'\-3S7'\ C\v\\ ietm ihe BanK of New'{orK as Trust Under the pooUng and SeN\c\ng "'greement dated as of ~ovembe, . 30,'\997 Series '\9Sl1-0 \/s Bryan L. '{outzy and David T. Youtzy Atty: Co.rina Caniz DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township. Cumberland, Counry, Pennsylvania, bounded and described m accordance with a Plan prepared by Rodney Lee Decker, R,PLS" dated March II. 1993 and recorded in the Office of the Recorder of Deeds for Cumherland County. in Plan Book 67, Page 9\.. BEGINNING at a point in centerline of Montsera Road, T-544 at comer of Lot No, 27; thence along Lot No, 27. South 65 degrees 42 minutes 50 seconds West 602,26 feet to a point; thence along Eastern edge of 50.foot private rightof way, known as"HarJohn Drive North 16 degrees 42 minutes 20 ,cconds West 120,00 feet to a point; thence still along Southern edge of 50- foot private right-of-way known as HarJohn Drive north 60 degrees 28 minutes 15 seconds East 467.29 feet to a point in centerline of Montsera Road, T-544; thence along centerline of Montsera Road, T.544. South 41 degrees 12 minutes 25 seconds East 158.54 feet to a point, the place of BEGINNING, CONTAINING 1,690 ad-es and designated as Lot 26. of Morredale Manor, UNDER AND SUBJECT, nevertheless, to all notes and restrictions on the Plan of Subdivision ,henliD before mel1lioned, all easements, resrlYlItions and restrictions of prior record, as well 'as to the foHowing conditions and restrictions to which they hereby granted land shall "nd he "n~ ' MILSTEAD & ASSOCIATES, LLC BY: Corina M. Connors, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive E., Ste. 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff(s) File No. 02-5-01081 The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of November 30, 1997, Series 1997-D Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Brian L. Y outzy and David T. Youtzy No.: 01-3571 Civil Term Defendant Praecipe to Satisfy Default Jud~ment ..~ TO THE PROTHONOTARY: Kindly Satisfy the Default Judgment filed on July 18, 2001 for the above captioned Mortgage Foreclosure Action without Prejudice. Milst~a~~s, sociates, ,i'LL, C ) /; BY: Corina M. Connors, Esquire Attorney ID No. 83509 ..4 ~ a ~ ~~ '-'(" "';~j \ 6' o 41 .-' 0~"~ ~~~I~) -".;1"" _'.~ ~?;?\ ..- ~.-~ ~.~;::. ..-" _.~ -' ...;:.... -q - Ci" ---