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HomeMy WebLinkAbout06-2076 IN RE: UPSET TAX SALE OF SEPTEMBER 22, 2005 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF LINDA J. DIEHL a.k.a LINDA DIEHL NO. 2006 - ~o 7& TAX PARCEL NO.: 34-34-2417-158 TR04297 148 W. Orange St.-mobile home PETITION FOR RULE FOR JUDICIAL SALE AND NOW, comes the Cumberland County Tax Claim Bureau, by its attorney, Stephen D. Tiley, Esquire, Assistant Cumberland County Solicitor, and files this Petition for Rule for Judicial Sale, of which the following is a statement: 1. Your Petitioner is the County of Cumberland through its Tax Claim Bureau, a Bureau created by the Real Estate Tax Sale Law. 72 P .8. S5860.1 01, et sic. 2. Pursuant to 72 P.S. S5860.610, your Petitioner respectfully represents as follows: a. Tax claim upon which the property was exposed for sale: 1997 through 2004 Cumberland County, Cumberland County Library real estate taxes and 1997 through 2004 Shippensburg Borough real estate taxes and 1997-98 through 2004-05 Shipipensburg Area School District real estate taxes. Total amount of claim, including penalty, interest and costs as of date of Upset Tax sale: $2,164.31. b. Neither the owner, his, her, their, or its heirs, successors, assigns, or legal representatives, or any lien creditor, or his, her their or its heirs, successors or legal representatives, or any other person interested has caused stay of sale, discharge of tax claim or removal from sale. Petition for Judicial Sale (Parcel No. 34-34-2417-158 TR04297 Diehl) Page 1 c. The property was exposed to public Upset Tax Sale pursuant to 72 P.S.S5860.601 on: September 22,2005. d. Before exposing the property to public sale the Bureau fixed the upset sale price, pursuant to 72 P,S. 95860-605, which upset price was $2,246.97. e. Your Petitioner, the Bureau, was unable to obtain a bid at the public sale sufficient to pay the said upset price. 3. Attached hereto, marked Exhibit "A," and incorporated herein by reference as is fully set forth herein, is a copy of a vehicle record abstract received from the Pennsylvania Department of Transportation, Bureau of Motor Vehicles referencing the mobile home by V.I.N. MP7438 and owner as Linda J. Diehl. The tax parcel number of the property as recorded in the Cumberland County Assessment office is 34-34-2417-158 TR04297 and owner Linda Diehl. The property is situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, and is known as 148 W. Orange Street. 4. The names and addresses of all parties holding tax and municipal claims, liens, mortgages, ground rents, charges and estates against the property are as follows: a. Shippensburg Borough Tax Department 111 N . Fayette Street Shippensburg, PA 17257 Shippensburg Area School District Tax Department 317 N. Morris Street Shippensburg, PA 17257 Delinquent taxes payable through April 30, 2006 to the Cumberland County Tax Claim Bureau: $2,268.50 Petition for Judicial Sale (Parcel No. 34-34-2417-158 TR04297 Diehl) Page 2 (Includes 1997 through 2005 county/municipal real estate taxes, and 1997-98 through 2005-06 School real estate taxes). A lien certificate is attached as Exhibit "B". b. Lisa L. Helm, Tax Collector 111 Fayette Street Shippensburg, PA 17257 2006 County/Municipal real estate taxes at discount in the amount of $9.79 and attached as Exhibit "C". 5. The last known address of the owner of the property as set forth in the assessment records of Cumberland County and the Department of Transportation is: 150 W. Orange Street, Shippensburg, PA 17257. WHEREFORE, Your Petitioner prays your Honorable Court to grant a rule upon all interested parties, including those listed at paragraphs four and five of the within Petition, to show cause why a decree should not be made that the property be sold, freed and cleared of tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, pursuant to Section 612 of the Real Estate Tax Sale Law. 72 P.S. ~5860.612(a). Respectfully submitted, Date: ~. , ,5-,ZIF'6 / ~{t'f ~7Jt7 / Stephen D. Tiley, Esquire Assistant Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney 1.0. # 32318 Petition forJudicial Sale (Parcel No. 34-34-2417-158 TR04297 Diehl) Page 3 VERIFICATION I, Melissa F. Mixell, Tax Claim Bureau Director, depose and say that the facts set forth in the foregoing Petition for Rule for Judicial Sale are true and correct based partly upon personal knowledge and the remainder upon information and belief; I understand that this Verification is made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Dated: if/? jolt? Meliss F. Mixe , Dir ctor Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 1701 (717) 240-6366 Petition for Judicial Sale (Parcel No. 34-34-2417-158 TR04297 Diehl) Page 4 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 11/16/05 PAGE 1 OWNER LINDA J DIEHL 150 W ORANGE ST SHIPPENSBURG PA 17257 TITLE NUMBER TAG NUMBER VIN 00722981 MP7438 MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS HOMETTE c~ ~: NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 j :>j J Lf -d Lj i (<1::- ? 053200700000027 044 LESSEE NONE TITLE DATE REGISTRATION EXPIRY DATE: BODY TYPE ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT VEHICLE YEAR STOLEN DATE 01/02/77 MH * o 0000 INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 I' ~(;~.~~~~~~~~~~;;.utXH 'infrA DATE: 4/04/2006 TIME: 10:55:33 CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 TAX LIEN CERTIFICATE PHONE 717 240-6366 FAX 717 240-6354 THIS DOCUMENT CERTIFIES THAT THE TAXES/COSTS DUE ON THE PROPERTY DESCRIBED BELOW, AS SHOWN BY THE RECORDS PROCESSED IN OUR OFFICE AS OF 4/04/06, ARE AS FOLLOWS. ******** DIST/CTL 34 369 ******** DIEHL, LINDA 150 WEST ORANGE STREET SHIPPENSBURG PA 17257 34-SHIPPENSBURG BOROUGH 21800-SHIPPENSBURG AREA S.D. STATUS C DATE 01/22/98 01/22/98 01122/98 04/28/98 RECEIPT CODE DESCRIPTION NO 200 CTY-SHIPPENSBURG WW 250 CLB-SHIPPENSBURG WW 300 MUN-SHIPPENSBURG WW 400 SCH-SHIPPENSBURG 01122198 201 FILING FEE 05/06/98 202 POSTAGE RET & CLAIM 07/06199 200 SALE PREPARATION 07/06/99 207 POSTAGE SALE NOTICE 08/23/99 209 POSTING UPSET SALE 02/02/99 200 CTY-SHIPPENSBURG WW 02/02/99 250 CLB-SHIPPENSBURG WW 02/02/99 300 MUN-SHIPPENSBURG WW 04/30/99 400 SCH-SHIPPENSBURG 02/02/99 201 FILING FEE 05/13/99 202 POSTAGE RET & CLAIM 07/03/00 206 SALE PREPARATION 07/06/00 207 POSTAGE SALE NOTICE 08/04/00 209 POSTING UPSET SALE 02/02/00 200 CTY-SHIPPENSBURG WW 02/02100 250 CLB-SHIPPENSBURG WW 02/02/00 300 MUN-SHIPPENSBURG WW 04/17/00 400 SCH-SHIPPENSBURG 02/02/00 201 FILING FEE 05/03100 202 POSThGE RET & CLAIM 07/09/01 206 SALE PREPARATION 07/09/01 207 POSTAGE SALE NOTICE PROPERTY- DESC SITUS-146 W ORANGE STREET -Mobile Home - No Land BOOK/PAGE LAND USE T ACREAGE VALUE 1,910 VALUE C&G TAX 24.15 1.56 37.26 136.55 PENALTY 2.41 .15 3.72 13.65 INTEREST 17 .82 .99 27.72 99.84 1997 TAX TOTAL CHARGES 44.36 2.72 66.72 252.24 368.06 15.00 5.00 50.00 5.73 20.00 1997 FEE TOTAL 95.73 1997 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH 27.30 1. 56 37.28 136.55 2.73 .16 3.73 13.86 17.40 .87 24.36 87.36 1998 TAX TOTAL 463.79 47.43 2.61 65.37 239.77 355.18 15.00 5.00 50.00 5.73 20.00 1996 FEE TOTAL 95.73 1996 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH 27.30 1. 58 37.28 137.03 2.73 .16 3.73 13.70 15.00 .75 21. 00 74.16 1999 TAX TOTAL 450.91 45.03 2.49 62.01 224.89 334.42 15.00 5.00 50.00 6.50 PAGE 1 CERT MAIL-RIC 85399 CERT MAIL-SALE MAP NO 34-34-2417-158 TR04297 PAYMENTS BALANCE DUE .00 463.79 465.30 .00 450.91 452.44 EXHIBIIB INT ADDED EACH MO .18 .01 .26 1. 04 1. 51 .20 .01 .28 1.04 1. 53 .20 .01 .26 1. 03 TAX LIEN CERTIFICATE CONTINUED PAGE 2 ******** DIST/CTL 34 369 ******** RECEIPT BALANCE INT ADDED DATE CODE DESCRI PTION NO TAX PENALTY INTEREST CHARGES PAYMENTS DUE EACH MO -------~- 1999 FEE TOTAL 76.50 1999 YEAR TOTALS & BALANCE 410.92 .00 410.92 1.52 ESTIMATED BALANCE DUE NEXT MONTH 412.44 ------ - - - - - - - - - - - - - - - - - - - - - 01/16/01 200 CTY-SHIPPENSBURG WW 27.30 2.73 12.60 42.63 .20 01/16/01 250 CLB-SHIPPENSBURG WW 1.58 .16 .63 2.37 .01 01/16/01 300 MUN-SHIPPENSBURG WW 37.28 3.73 17.64 58.65 .28 01/17/01 400 SCH-SHIPPENSBURG 137.03 13.70 64.89 215.62 1.03 --------- 2000 TAX TOTAL 319.27 01/16/01 201 FILING FEE 15.00 02/09/01 202 POSTAGE RET & CLAIM 5.00 07/09/02 206 SALE PREPARATION 50.00 07/09/02 207 POSTAGE SALE NOTICE 8.00 09/05/02 209 POSTING UPSET SALE 20.00 --------- 2000 FEE TOTAL 98.00 2000 YEAR TOTALS & BALANCE 417 .27 .00 417 .27 1. 52 ESTIMATED BALANCE DUE NEXT MONTH 418.79 ------ - - - - ~ - - - - - - - - - - - - - - - - - - - - - - 01/16/02 200 CTY-SHIPPENSBURG WW 3.22 .32 1. 02 4.56 .02 01/16/02 250 CLB-SHIPPENSBURG WW .19 .02 .21 .00 01/16/02 300 MUN-SHIPPENSBURG WW 3.62 .36 1.53 5.51 .03 01/16/02 400 SCH-SHIPPENSBURG 16.00 1. 60 6.12 23.72 .12 --------- 2001 TAX TOTAL 34.00 01/16/02 201 FILING FEE 15.00 03/12/02 202 POSTAGE RET & CLAIM 5.00 07/10/03 207 POSTAGE SALE NOTICE 8.00 07/17 /03 206 SALE PREPARATION 50.00 09/10/03 209 POSTING UPSET SALE 20.00 --------- 2001 FEE TOTAL 98.00 2001 YEAR TOTALS & BALANCE 132.00 .00 132.00 .17 ESTIMATED BALANCE DUE NEXT MONTH 132.17 ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 01/22/03 200 CTY-SHIPPENSBURG WW 3.70 .37 1.17 5.24 .03 01/22/03 250 CLB-SHIPPENSBURG WW .19 .02 .21 .00 01/22/03 300 MUN-SHIPPENSBURG WW 3.28 .33 .78 4.39 .02 01/22/03 302 FIRE-SHIPPENSBURG WW .47 .05 .52 .00 01/22/03 303 STLT-SHIPPENSBURG WW .40 .04 .44 .00 01/22/03 400 SCH-SHIPPENSBURG 18.03 1. 80 5.46 25.29 .14 --------- 2002 TAX TOTAL 36.09 01/22/03 201 FILING FEE 15.00 02/13/03 202 POSTAGE RET & CLAIM 5.00 07/15/04 206 SALE PREPARATION 50.00 07/23/04 207 POSTAGE SALE NOTICE 8.00 08/10/04 209 POSTING UPSET SALE 20.00 --------- 2002 FEE TOTAL 98.00 2002 YEAR TOTALS & BALANCE 134.09 .00 134.09 .19 ESTIMATED BALANCE DUE NEXT MONTH 134.28 ------ - - - - - - - - - - - - - - - - - - - - - ----- 01/26/04 200 CTY-SHIPPENSBURG WW 3.70 .37 .81 4.88 .03 01/26/04 250 CLB-SHIPPEN$BURG WW .19 .02 .21 .00 01/26/04 300 MUN-SHIPPENSBURG WW 4.76 .48 1.08 6.32 .04 01/26/04 302 FIRE-SHIPPENSBURG WW .47 .05 .52 .00 01/26/04 303 STLT-SHIPPENSBURG WW .40 .04 .44 .00 01/26/04 400 SCH-SHIPPENSBURG 19.10 1. 91 3.78 24.79 .14 --------- 2003 TAX TOTAL 37.16 EXHIBIT R TAX LIEN CERTIFICATE CONTINUED ******** DIST/CTL 34 369 ******** RECEIPT DATE CODE DESCRIPTION NO TAX 01/26/04 201 FILING FEE 02/23/04 202 POSTAGE RET & CLAIM 07/11/05 207 POSTAGE SALE NOTICE 07/11/05 206 SALE PREPARATION 07/25/05 208 SHERIFF SERVICE 09/07/05 220 PROOF OF MAIL FEE 01/12/05 200 C1Y-SHIPPENSBURG WW 01/12/05 250 CLB-SHIPPENSBURG WW 01/12/05 300 MUN-SHIPPENSBURG WW 01/12/05 302 FIRE-SHIPPENSBURG WW 01/12/05 303 STLT-SHIPPENSBURG WW 01/12/05 400 SCH-SHIPPENSBURG 01/12/05 201 FILING FEE 02/03/05 202 POSTAGE RET & CLAIM 01/19/06 200 CTY-SHIPPENSBURG WW 01/19/06 250 CLB-SHIPPENSBURG WW 01/19/06 300 MUN-SHIPPENSBURG WW 01/19/06 302 FIRE-SHIPPENSBURG WW 01/19/06 303 S1LT-SHIPPENSBURG WW 01/19/06 400 SCH-SHIPPENSBURG 01/19/06 201 FILING FEE 02/08/06 202 POSTAGE RET & CLAIM PENALTY INTEREST CHARGES 15.00 5.00 8.00 50.00 30.00 1.00 PAYMENTS 2003 FEE TOTAL 2003 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH - - - - - - - - 3.89 .39 .45 .37 .04 4.76 .48 .60 .47 .05 .40 .04 21. 81 2.18 2.40 2004 TAX TOTAL 2004 FEE TOTAL 2004 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH - - - - - - - - - - 3.83 .38 .09 .34 .03 4.53 .45 .09 .50 .05 .42 .04 21.64 2.16 .48 2005 TAX TOTAL 2005 FEE TOTAL 2005 YEAR TOTALS & BALANCE ESTIMATED BALANCE DUE NEXT MONTH 109.00 146.16 .00 - - - - - - - - 4.73 .41 5.84 .52 .44 26.39 --------- 38.33 15.00 5.00 --------- 20.00 58.33 .00 - - - - 4.30 .37 5.07 .55 .46 24.28 --------- 35.03 15.00 5.00 --------- 20.00 55.03 .00 - - - - 2268.50 .00 - - - - - CLAIM TOTALS ESTIMATED TOTAL DUE NEXT MONTH MISC RECEIPTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , VERIFIED BY/: '-. PAGE BALANCE INT ADDED DUE EACH MO 146.16 146.37 58.33 58.56 55.03 55.25 2268.50 2275.60 3 .21 .03 .00 .04 .00 .00 .16 .23 .03 .00 .03 .00 .00 .16 .22 7.10 ---------- \\0.10\4 ?, Iii ~~ \. ~. 1~0S \ H4~1~ / . ,,~ ;1\ % \\ '3.Th2.1. :j~~~ l8~~ 9<jl~'" t; ~~-; 'd\o~ 0)"'''' ()~a "'",> ~....'" c' ~~ (J\~O ~'Sm ~~f rt\m~ ~~Z "'O~ ~~ ~w,. ~~ ;j:D '1lm '1\ ~~ Ol~ ~w s \~ ,~ ... ll\~ "'0- \3 r' i ./' W. 9 . "'< ~l 0'\\ "'.. ~,. ~~ .. ;<:l ~- G>'" ~\\\ ~\ ~- "." ~l ~,. Z;Jl '0 "'.. ,*0 ~\ "J,G> .~ .'" l; t l il ~ ~ ~ " ~ \ -l "ll ~ , ~ ~ .\ ? \ \ 71 ~ ;, ." ~ ." ~ ~ '" Co Co " '5. '" '" ~ '" ~ i1 u ~""~ .. .. ",..~ i . Q' O' 0 . O' ~ %: l ,:;g;;:.teg ~c\o.\'Q ~QQQ ~ ,.. !!I ~ . t w. ~ ~ '" i. % "[ % 1 \ ~ '$ .. ';i .. ... ~ ~ '....~.""~.~'"' 'r'u.>W~\oJ ~ yJoit/!'\&iI<II!""~ I"o>.ot."''''''' \ % " "'. 0- , ~ .. .. J. a ~ #" iJI "' ... ~ ~ ~ '" " .. Co ~ ~ .~ ~ Q ~ i" .... . ...~....i ~ - .... p,,:",P l\ 0 '& ~",,,,OrQ wOQ".o " ""dfiJt"oIf/l./t- ..1df1'"'<lt \ ~ .,: ~j.to ~:<lC "'11'" :;;91{; ~",'l\ "'~r ~R~ ~i~ t~'7 ~i; m~'t ~ :... (Jl~~"-..;l ~ ~ "<6 12..\,.... .... ~ ~ ~ ~ 1 .. ~ ~ . ~~~\tUl r '" \'" ',' ,"'. ': ~" ," . , , \". i:~ t~." I;] 'i'j d ~ ~ Wi ~.,./fj 0 Ii:> "'"~ IN RE: UPSET TAX SALE OF SEPTEMBER 22, 2005 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED APR 13 2ees PROPERTY OF LINDA J. DIEHL a.k.a LINDA DIEHL NO. 2006 - :J.07(P TAX PARCEL NO.: 34-34-2417-158 TR04297 148 W. Orange St.-mobile home RULE TO SHOW CAUSE AND NOW, this \3 day of April, 2006 upon consideration of the within Petition, a Rule to Show Cause is issued upon all interested parties to appear and show cause why a decree should not be made that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents. Service of this Rule shall be made to all parties listed at paragraphs four and five of the within Petition in the manner provided by Section 611 of the Real Estate Tax Sale Law 72 P.S. ~5860.611. This is not a summons, you are not required to appear before the court, however you must appear if you desire to preserve your right to any interest or value in the real estate which is the subject of this proceeding. If you do not appear you may lose any ownership interest in the property or any right to any lien or other security interest in the property. Rule returnable ~ 10 , 2006 at (6: 'fA.M. I ~~ Courtroom Number , at Cumberland County Courthouse, one~~jse Square, Carlisle, . ;; '/ . ~ ........ d- J. t, - ('I No. 05-2076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DAVID L. ELLIS, Defendant PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: TOTAL: $ 481,510.23 $ 14,103.74 $ 2,072.80 $ 48.151.03 $ 545,837.80 Principal Interest to 4/4/05 Late Charges Attorneys' Fees (10%) RLLC By: Georg . Shoop, Esquire Attorneys for Plaintiff, Sovereign Bank Court LD. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 898-7157 1637922-\ -,::) ~ ( ~ >i 0.:0 ~ _ U-J +-~r fi\ ~ ~ ~~ 1) ~-t,g. . -;- ~~ f-& y- -, --- y l ::: -- -4 ~ Lrt ~~'""'~ -. VjV') "'- \/ cecC\) \ II l~ ~ ~ \r :::. :. td12 4j.:r -0\:';' fi,~: \-~ ....c.....; \::';: - - C'- ,.._,0 1~~ij::. ~ ,.. No. 05-2076 ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. I. EXCEPTING AND RESERVING unto the Grantors, their heirs, successors and assigns, a perpetual driveway easement twenty (20) feet in depth in common with the Grantees, their heirs, successors and assigns, for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed hereinabove, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet, and the purpose of which easement is to serve Grantees, their heirs, successors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivision Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cumberland County Plan Book 27, Page 26. Further, it is intended that the said driveway easement shall extend to the east of the hereinabove described property along the entire northern boundary of Lot No.5 described in the Subdivision Plan recorded in Cumberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns, shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns, shall not have constructed a paved cartway within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to relinquish this easement and to provide at no expense to Grantees, their heirs, successors and assigns, a release of said easement. In the event a paved cartway is constructed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grantees, their heirs, successors and assigns, agrees to provide to Grantees, their heirs, successors and assigns, an easement on other lands of Grantor adjacent to the easement granted 1637922-1 No. 05-2076 herein by Grantees over a strip of land twenty (20) feet in depth along the entire northern boundary of the hereinabove described property conveyed to Grantees, their heirs, successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, successors and assigns, and Grantees, their heirs, successors and assigns, as applicable, those cross parking, driveway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveying said Lot No.2, which deed is recorded in Cumberland County Deed Book N, Volume 26, Page 476. BEING the same premises which Janice F. Adler, Cynthia Adler McKee and Charles Adler, III, Executors of the Estate of Alice F. Adler, deceased, and Betty 1. Adler, Co-Partners tJa Albefore Realty, by deed dated January 26,1996 and recorded in Deed Book 134, Page 427, granted and conveyed unto to David L. Ellis. Being designated as Cumberland County Tax Parcel No. 13-230553-69. SEIZED IN EXECUTION as the property of David L. Ellis on Judgment No. 05-2076. 1637922-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2076 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From DAVID L. ELLIS (I) You are directed to levy upon the property of the defendant (s land to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attaclunent is found in the possession of anyone other than a ruimed garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $481,510.23 Interest TO 4/4/05 - $14,103.74 L.L. $.50 Ally's Connn % Ally Paid $115.10 ATTORNEYS' FEES (10%) - $48,151.03 Plaintiff Paid Date: MAY 31, 2006 Due Prothy $1.00 Other Costs LATE CHARGES - $2,072.80 t.~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name GEORGE J. SHOOP, ESQillRE Address: 501 WASHINGTON STREET P.O.BOX 942 READING, PA 19603-0942 Attorney for: PLAINTIFF Telephone: 610-898-7157 Supreme Court ill No. 25367 No. 05-2076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DAVID L. ELLIS, Defendant AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940 BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared George J. Shoop, ESQuire, who being duly sworn according to law, doth depose and say that David L. Ellis, the Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence is 3350 North Third Street. Harrisburg. PA 17110-1407, as of the date of this affidavit. ADDITIONAL FACTS, if any. Date: z:;;i?,() /0 & J. Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court J.D. No. 25367 By: 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 898-7157 Sworn and subscribed to before me this~ day of /14"'...... , 2006. ~d(~ No ~blic "r YL NoI8r1al Seal ~:: c. "-t. ~Publlc My~~,IIerlceCOuntv . .......... MM. 22, 2009 MonlIlor. ~ __.,_.. 1637922-1 (") ....., c = 0 = ;'2...... "'" "11 (~'; ::!1: --l ! ~ "'~ ::C.." -..: mp W ....om ~rJY "..J ,-~ -0 r~~~; ::.t: o'm --l N >- OJ:) 0"> -< , No. 05-2076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DAVID 1. ELLIS, and CONNIE A. TOULOUMES, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 3552 Old Gettysburg Road, Allen Township, Pennsylvania. I. Name and address of owner(s) or reputed owner(s): David 1. Ellis 3350 North Third Street Harrisburg, PA 17110-1407 2. Name and address of defendant(s) in the judgment: David 1. Ellis 3350 North Third Street Harrisburg, PA 17110-1407 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank Routes 30 & 320 Aldwyn Two MC20-536-ARO Villanova, PA 19085 1637922-1 . No. 05.2076 National Casualty Company, a Wisconsin Corporation and Scottsdale Insurance Company, an Ohio Corporation c/o William R. Balaban, Esquire Michel V. Brown, Esquire Frank C. Sluzis, Esquire 27 North Front Street P.O. Box 1284 Harrisburg, PA 17108-1284 Lower Allen Township Authority 120 Limekiln Road New Cumberland, P A 17070 4. Name and address of the last recorded holder of every mortgage of record: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17001-8874 Waypoint Bank, now Sovereign Bank Routes 30 & 320 Aldwyn Two MC20-536-ARO Villanova, PA 19085 5. Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 1637922-1 ., No. 05-2076 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PA 17101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 100 I Liberty Avenue Pittsburgh, PA 15222 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:~ Ge e J. Shoop, Esquire Plaintiff's Attorney Court 1.0. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 898-7157 1637922-1 No. 05-2076 ALL THA T CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. 1. EXCEPTING AND RESERVING unto the Grantors, their heirs, successors and assigns, a perpetual driveway easement twenty (20) feet in depth in common with the Grantees, their heirs, successors and assigns, for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed hereinabove, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet, and the purpose of which easement is to serve Grantees, their heirs, successors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivision Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cumberland County Plan Book 27, Page 26. Further, it is intended that the said driveway easement shall extend to the east ofthe hereinabove described property along the entire northern boundary of Lot No.5 described in the Subdivision Plan recorded in Cumberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns, shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns, shall not have constructed a paved cartway within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to relinquish this easement and to provide at no expense to Grantees, their heirs, successors and assigns, a release of said easement. In the event a paved cartway is constructed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grantees, their heirs, successors and assigns, agrees to provide to Grantees, their heirs, successors and assigns, an easement on other lands of Grantor adjacent to the easement granted 1637922-1 . . No. 05-2076 herein by Grantees over a strip of land twenty (20) feet in depth along the entire northern boundary of the hereinabove described property conveyed to Grantees, their heirs, successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, successors and assigns, and Grantees, their heirs, successors and assigns, as applicable, those cross parking, driveway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveying said Lot No.2, which deed is recorded in Cumberland County Deed Book N, Volume 26, Page 476. BEING the same premises which Janice F. Adler, Cynthia Adler McKee and Charles Adler, III, Executors of the Estate of Alice F. Adler, deceased, and Betty J. Adler, Co-Partners tla Albefore Realty, by deed dated January 26, 1996 and recorded in Deed Book 134, Page 427, granted and conveyed unto to David L. Ellis. Being designated as Cumberland County Tax Parcel No. 13-230553-69. SEIZED IN EXECUTION as the property of David L. Ellis on Judgment No. 05-2076. 1637922-1 o S lJl:~-. rr~! i : "'-> = c, "" o -n -< :r: II nl-._ -"8 :,9" :, _~ (4., ,'2';:-i\ ~.. s: -< c." " --"'~ - ;'~!f'5 ;:"';"-nl ~~ "r;;.: 5J -< '" 0". No. 05-2076 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DAVID 1. ELLIS, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David 1. Ellis 3350 North Third Street Harrisburg, PA 17110-1407 Your real estate at 3552 Old Gettysburg Road, Allen Township, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on September 6,2006 at 10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of $545,837.80 obtained by Sovereign Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Sovereign Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Thomas J. Young at (610) 526-6429. 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. 1637922-1 , No. 05-2076 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 to find out 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6399. 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 Sheriff of Cumberland County, at (717) 240-6399. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 6,2006. 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 October 6, 2006. 7 . You may also have other rights and defenses, or ways of getting your house back, 1637922-1 , No. 05-2076 if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, P A 17013 Phone Number: (800) 990-9108 1637922-1 No. 05-2076 ALL THAT CERTAIN piece or parcel ofland situate in Lower Allen Township, Cwnberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. 1. EXCEPTING AND RESERVING unto the Grantors, their heirs, successors and assigns, a perpetual driveway easement twenty (20) feet in depth in common with the Grantees, their heirs, successors and assigns, for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed hereinabove, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet, and the purpose of which easement is to serve Grantees, their heirs, successors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivision Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cwnberland County Plan Book 27, Page 26. Further, it is intended that the said driveway easement shall extend to the east of the hereinabove described property along the entire northern boundary of Lot No.5 described in the Subdivision Plan recorded in Cwnberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns, shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns, shall not have constructed a paved cartway within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to relinquish this easement and to provide at no expense to Grantees, their heirs, successors and assigns, a release of said easement. In the event a paved cartway is constructed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grantees, their heirs, successors and assigns, agrees to provide to Grantees, their heirs, successors and assigns, an easement on other lands of Grantor adjacent to the easement granted 1637922-1 No. 05-2076 herein by Grantees over a strip of land twenty (20) feet in depth along the entire northern boundary ofthe hereinabove described property conveyed to Grantees, their heirs, successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, successors and assigns, and Grantees, their heirs, successors and assigns, as applicable, those cross parking, driveway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveying said Lot No.2, which deed is recorded in Cumberland County Deed Book N, Volume 26, Page 476. BEING the same premises which Janice F. Adler, Cynthia Adler McKee and Charles Adler, III, Executors of the Estate of Alice F. Adler, deceased, and Betty J. Adler, Co-Partners t/a Albefore Realty, by deed dated January 26, 1996 and recorded in Deed Book 134, Page 427, granted and conveyed unto to David L. Ellis. Being designated as Cumberland County Tax Parcel No. 13-230553-69. SEIZED IN EXECUTION as the property of David L. Ellis on Judgment No. 05-2076. 1637922-1 () ~~ ['T; ~ ::2 "'" = '= "" ;X .!.J" o -n ---1 -r nl:!J r- -ni'T1 ~))? ~:3 C) >~: =ii ":;.-:f) <jrn c-l :55 -< -< w :;2 -~ N en , No. 05-2076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DA VlD 1. ELLIS, Defendant NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of David 1. Ellis, 3552 Old Gettysburg Road, Allen Township, Pennsylvania. Sovereign Bank Routes 30 & 320 Aldwyn Two MC20-536-ARO Villanova, P A 19085 National Casualty Company, a Wisconsin Corporation and Scottsdale Insurance Company, an Ohio Corporation c/o William R. Balaban, Esquire Michel V. Brown, Esquire Frank C. Sluzis, Esquire 27 North Front Street P.O. Box 1283 Harrisburg, PA 17108-1284 Lower Allen Township Authority 120 Limekiln Road New Cumberland, P A 17070 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, P A 17001-8874 1637922-1 No. 05-2076 Waypoint Bank, now Sovereign Bank Routes 30 & 320 Aldwyn Two MC20-536-ARO Villanova, P A 19085 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PA 17101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 You are hereby notified that on Wednesday, September 6, 2006, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Sovereign Bank vs. David L. Ellis, No. 05-2076 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of David L. Ellis, known and numbered as 3552 Old Gettysburg Road, Allen Township, Cumberland County, Pennsylvania. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County of October 6, 2006, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. 1637922-1 No. 05-2076 You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: 5'/30 I a (,&> , eorg . Shoop, Esquire Attorney for Plaintiff, Court LD. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 898-7157 1637922-1 No. 05-2076 ALL THAT CERTAIN piece or parcel ofland situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. 1. EXCEPTING AND RESERVING unto the Grantors, their heirs, successors and assigns, a perpetual driveway easement twenty (20) feet in depth in common with the Grantees, their heirs, successors and assigns, for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed hereinabove, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet, and the purpose of which easement is to serve Grantees, their heirs, successors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivision Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cumberland County Plan Book 27, Page 26. Further, it is intended that the said driveway easement shall extend to the east of the hereinabove described property along the entire northern boundary of Lot No.5 described in the Subdivision Plan recorded in Cumberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns, shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns, shall not have constructed a paved cartway within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to relinquish this easement and to provide at no expense to Grantees, their heirs, successors and assigns, a release of said easement. In the event a paved cartway is constructed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grantees, their heirs, successors and assigns, agrees to provide to Grantees, their heirs, successors and assigns, an easement on other lands of Grantor adjacent to the easement granted 1637922-1 No. 05.2076 herein by Grantees over a strip ofland twenty (20) feet in depth along the entire northern boundary of the hereinabove described property conveyed to Grantees, their heirs, successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, successors and assigns, and Grantees, their heirs, successors and assigns, as applicable, those cross parking, driveway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveying said Lot No.2, which deed is recorded in Cumberland County Deed Book N, Volume 26, Page 476. BEING the same premises which Janice F. Adler, Cynthia Adler McKee and Charles Adler, III, Executors of the Estate of Alice F. Adler, deceased, and Betty J. Adler, Co-Partners tla Albefore Realty, by deed dated January 26, 1996 and recorded in Deed Book 134, Page 427, granted and conveyed unto to David L. Ellis. Being designated as Cumberland County Tax Parcel No. 13-230553-69. SEIZED IN EXECUTION as the property of David L. Ellis on Judgment No. 05-2076. 1637922-1 (') '" ,,~ = ~ = C" ~ :r ;,;;,."" -< rn ;23 w .."m ~s2Q -0 ~~-j s~.l C ::;: )~?~ (~~ ,-=,:;n .:-;: ;:4 ~4 N "'" -< :'.0 cr-, -< No. 05.2076 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DAVID 1. ELLIS, Defendant NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): David 1. Ellis PROPERTY: 3552 Old Gettysburg Road Allen Township COUNTY: Cumberland County, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriff s Sale on September 6, 2006 at 10:00 a.m. at the Commissioner's Hearing Room, 2nd Floor Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage or judgment on the property which may 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 later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, 1637922.1 ~ .. No. 05-2076 ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. 1. EXCEPTING AND RESERVING unto the Grantors, their heirs, successors and assigns, a perpetual driveway easement twenty (20) feet in depth in common with the Grantees, their heirs, successors and assigns, for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed hereinabove, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (13 7.90) feet, and the purpose of which easement is to serve Grantees, their heirs, successors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivision Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cumberland County Plan Book 27, Page 26. Further, it is intended that the said driveway easement shall extend to the east of the hereinabove described property along the entire northern boundary of Lot No.5 described in the Subdivision Plan recorded in Cumberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns, shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns, shall not have constructed a paved cartway within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to relinquish this easement and to provide at no expense to Grantees, their heirs, successors and assigns, a release of said easement. In the event a paved cartway is constructed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grantees, their heirs, successors and assigns, agrees to provide to Grantees, their heirs, successors and assigns, an easement on other lands of Grantor adjacent to the easement granted 1637922-1 No. 05-2076 herein by Grantees over a strip of land twenty (20) feet in depth along the entire northern boundary of the hereinabove described property conveyed to Grantees, their heirs, successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, successors and assigns, and Grantees, their heirs, successors and assigns, as applicable, those cross parking, driveway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveying said Lot No.2, which deed is recorded in Cumberland County Deed Book N, Volume 26, Page 476. BEING the same premises which Janice F. Adler, Cynthia Adler McKee and Charles Adler, III, Executors of the Estate of Alice F. Adler, deceased, and Betty J. Adler, Co-Partners tJa Albefore Realty, by deed dated January 26, 1996 and recorded in Deed Book 134, Page 427, granted and conveyed unto to David L. Ellis. Being designated as Cumberland County Tax Parcel No. 13-230553-69. SEIZED IN EXECUTION as the property of David L. Ellis on Judgment No. 05-2076. 1637922-1 C) c ~ < -n i~t: r)]i' ; ':,)- ~~= -' J;~c< ?: :;! ......, = c..-' cr> z: ;:D<'" -< <.V o ." :r! rn ::n r -orn ::-;}C; \',~1(~) -" ,." :!.] :;2 C) "~n'J ~ 5:1 '< -0 ::t: '" O'l IN RE: UPSET TAX SALE OF SEPTEMBER 22, 2005 HELD BY THE CUMBERLAND COUNTY TAX CLAIM BUREAU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PROPERTY OF LINDA J. DIEHL a.k.a LINDA DIEHL NO. 2006 -2076 TAX PARCEL NO.: 34-34-2417-158 TR04297 148 W. Orange St.-mobile home ORDER AND NOW, this 10th day of July, 2006 after Hearing on the Rule to Show Cause filed pursuant to the Petition for Rule for Judicial Sale of the Cumberland County Tax Claim Bureau, it is Ordered and Decreed, pursuant to 72 P.S.s 5860.612 (a), that the property which is the subject of the within Petition be sold freed and cleared of all tax and municipal claims, liens, mortgages, charges and estates, except separately taxed ground rents, to the highest bidder at a sale to be held on September 21, 2006 at 2:00 p.m., on the Second Floor Courtroom of the Old Courthouse Building of the Cumberland County Courthouse, and that the purchaser at such sale shall take and thereafter have an absolute title to the property free and clear of all tax and municipal claims, mortgages, liens, charges and estates of whatsoever kind, except ground rents, separately taxed. Pursuant to 72 P.S.s 5860.612 (b), advertisement of such sale need only be made by one (1) insertion in two (2) newspapers of general circulation in Cumberland County, and by one (1) insertion in the Cumberland Law Journal. Such advertisement shall appear at least thirty (30) days prior to the sale date and shall include the purpose, the time, the place and the terms of such sale with reference to the prior advertisement, (72 P.S. S 5860.61.21----:') " / / / By thyCourt, Tax Claim Bureau to mail copies to those who were required to be mailed a copy of the April 13, 2006 Rule to Show Cause. t-......) L :=:j c' l.r":f SHERIFF'S RETURN - REGULAR CASE NO: 2006-02076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND - j CUMBERLAND COUNTY TAX CLAIM BU - .- - VS - DIEHL LINDA J MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon SHIPPENSBURG BOROUGH TAX DEPARTMENT the DEFENDANT , at 1330:00 HOURS, on the 19th day of April 2006 at 111 N FAYETTE STREET SHIPPENSBURG, PA 17257 by handing to MARCIA FINNEGAN, RECEPTIONIST ADULT IN CHARGE - j a true and attested copy of RULE AND PETITION together with - - - - - .- and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 17.60 .00 10.00 .00 33. 60 ~ 00/00/0000 4-- ~5/0? So Answers: r-~~<?~ R. Thomas Kline By: ~~ - j Sworn and Subscibed to c_ - - before me this day - ,... of A.D. SHERIFF'S RETURN - OUT OF COUNTY I CASE NO: 2006-02076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM BU VS DIEHL LINDA J R. Thomas Kline , Sheriff or Deputy Sheriff who being - j and inquiry for the within named DEFENDANT , to wit: - ~ - .- - duly sworn according to law, says, that he made a diligent search and SHIPPENSBURG AREA SCHOOL DISTRICT - TAX DEPARTMENT - but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within RULE AND PETITION 16th , 2006 , this office was in receipt of the On June attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 6.00 9.00 10.00 43.34 1. 59 69.93 /r}... 00/00/0000 - So a~~:/ r~~~ : Thomas Klin Sheriff of Cumberland ../ ~/ County - - 3i /7/0 5j tJ l; - - - ...... .- - Sworn and subscribe to before me this day of A.D. - - j - -I - ...... , . In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland County Tax Claim Bureau VS. Linda J. Diehl " SERVE: Shippensburg Area School District - Tax Depa:ffi61~nt 06-2076 civil Now, May 2, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Fri:mklih County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~~ Sheriff of Cumberland County. P A Affidavit of Service Now, ~/~ ~ To~~ upon ~~ ~ cl~ A~ 3'1 n. ~Sl( .~ !c~, -to-. by handing to ~~ ' . ~/a#~ lvJ , 20~, at !o.'t/o o'clock II- M. served the within at 17,,;J.. :31 , a copy of the original ~I-a'~~ and made mown to the contents thereof. So answers, ~,_~ /!A'r_ r!ht. 6<~ ~(. Sworn and S&1"cribed~ ' me this.d:t.. -day of , 20~ ~~ County, PA COSTS SERVICE WLEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - REGULAR /1 L( l "-oJ C~(.)llf; LUY'1'1[J.k:.. u tJ () G:>' j 0 1 (p r CASE NO: 2006-00123 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKT.HL CUMBERLAND CO TAX CLAIM VS LINDA J. DIEHL GARY L WYRICK , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE was served upon SHIPPENSBURG AREA SCHOOL DIST TAX OFFICE the DEFENDANT , at 0010:40 Hour, on the 12th day of May , 2006 at 317 N. MORRIS STREET SHIPPENSBURG, PA 17257 by handing to KAREN DECKER a true and attested copy of RULE TO SHOW CAUSE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 ..00 GARY By Deput 05/19/2006 CUMBERLAND Sworn and Subscribed to before me this \~\ day of &00 ~~l~~ Notary/", - NofINII SeIlI Richard D. ~. NcUry PutIlIc Chamberlbulg Bolo. FrMIdIn County My CommleIiOn Expirea Jan. 29, 2007 " (.'~. ~f, \"~I: \" 11"..}Jq\.A. .t; h~)",~-.~ ." '. f 'r\' LO :11 V QZ AVW qOGZ Vd 'A.l nOJ U:I';i-1U::idiinJ .:LJllJ3HS 3H1 JO 3:Jld.::iO 'F': ' SHERIFF'S RETURN - REGULAR r CASE NO: 2006-02076 P CUMBERLAND COUNTY TAX CLAIM BU - - j COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND - - - VS - ,.- DIEHL LINDA J RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within RULE AND PETITION was served upon HELM LISA L TAX COLLECTOR the DEFENDANT , at 1044:00 HOURS, on the 14th day of June 2006 at 111 FAYETTE STREET SHIPPENSBURG, PA 17257 by handing to - - j BILL WOLFE, BOBOUGH MANAGER ADULT IN CHARGE a true and attested copy of RULE AND PETITION together with - -- - - -- -- and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: -r.pr~...r~<:~.t# 6.00 17.60 .00 10.00 .00 33.60 ./ 00/00(0000 Cf- 1joi!o R. Thomas Kline Sworn and Subscibed to By: - j - - - before me this day -- of A.D. - ~- SHERIFF'S RETURN - REGULAR - CASE NO: 2006-02076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM BU VS DIEHL LINDA J MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, DIEHL LINDA J the .- j says, the within RULE AND PETITION was served upon ~ ..- - DEFENDANT , at 0915:00 HOURS, on the 21st day of April 2006 - at 150 W ORANGE STREET SHIPPENSBURG, PA 17257 by handing to LINDA DIEHL a true and attested copy of RULE AND PETITION together with and at the same time directing Her attention to the contents thereof. - i before me this 18.00 17.60 .00 10.00 .00 45.60 I 00/00/0000 r 7/05/" By, t/ ~ day , Deputy Sheriff So Answers: .~~~ .- - - Sheriff's Costs: Docketing Service Affidavit Surcharge - .- R. Thomas Kline .- Sworn and Subscibed to of A.D. .- - - .....