HomeMy WebLinkAbout06-7195IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
: NO. 0t - /y/gs CL-UL'Ti
VS.
: CIVIL ACTION -LAW
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: MORTGAGE FORECLOSURE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the foregoing
pages, you must take action within twenty (20) days after this Complaint is served, by entering a written
appearance personally or by attorney and filing in writing with the Court your defenses or objections to
the claims set forth against you. You are warned that if you fail to do so, the case may proceed without
you and a judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC. NO.
PLAINTIFF
VS. : CIVIL ACTION -LAW
QUALCRAFI' CONSTRUCTION LLC
DEFENDANT : MORTGAGE FORECLOSURE
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en
que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en persona o por abogado
y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su
contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra
queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O
PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA
ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone No. (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H, MYERS & SON, INC. : NO.
PLAINTIFF
vs.
QUALCRAFI' CONSTRUCTION LLC
DEFENDANT MORTGAGE FORECLOSURE
COMPLAINT
{h
AND NOW, TO WIT, this ILI day of _7J)P-QerY)6C*- , 2006, comes the
Plaintiff, John H. Myers & Son, Inc., by and through its attorneys, Eveler & Eveler, LLC, and files
this action in Mortgage Foreclosure, whereas the following is a statement:
1.
The Plaintiff, John H. Myers & Son, Inc., is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania and having its principal place of business at 2200
Monroe Street, P. O. Box 1924, York, York County, Pennsylvania 17405.
2.
The Defendant, Qualcraft Construction LLC, is a Pennsylvania Limited Liability
Company, organized and existing under the laws of the Commonwealth of Pennsylvania, with its
last known principal place of business at 56-B Old York Road, Dillsburg, York County,
Pennsylvania, 17019.
3.
On or about October 20, 2005, the Plaintiff and Defendant entered into an open-end
mortgage which is recorded in Book 1927, Page 3688, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania. A copy the mortgage is attached as Exhibit "A" and
incorporated herein by reference.
4.
The property subject to the mortgage is more fully described as follows, to wit:
ALL that certain tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, designated as Lot No. 54 on the Final Subdivision Plan for Phase C of the Village
of Cross Creek dated 5/28/04 and recorded 5/28/04 in the Office of the Recorder of Deeds in and
for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as
follows:
BEGINNING at a point on the northern right-of-way of Stony Creek Court, said point being the
southeastern comer of Lot #55; thence, along Lot #55 N 36° 10' 34" E a distance of 138.01' to a
point; thence along Lot #58 S 75° 19' 26" E a distance of 26.38' to a point; thence, along Lot #53
S 16° 33' 44" E a distance of 132.77' to a point on the northern right-of-way of Stony Creek
Court; thence, along the right-of-way by a curve to the left having a radius of 50.00', an arc
length of 47.58' and a chord beating of S 46° 10' 38" W a distance of 45.80' to a point; thence,
along the same by a curve to the right having a radius of 11.00', an arc length of 17.16' and a
chord bearing of S 63° 36' 31" W with a chord length of 15.47' to a point; thence, along the
same by a curve to the right having a radius of 175.00', an arc length of 54.60' and a chord
bearing of N 62° 45' 42" W with a chord length of 54.38' to a point; thence, along the same N
53° 49' 26" W a distance of 61.41' to a point, the place of BEGINNING.
CONTAR41NG 14,111 sq. ft. (0.32 acres).
BEING Lot No. 54 on the Final Subdivision Plan for Phases B and C of the Village of Cross
Creek dated 5/28/04, recorded 5/28/04 in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 89, Page 17.
UNDER AND SUBJECT to the Declaration for Phases IA and II of the Village of Cross Creek
dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and
for Cumberland County in Misc. Book 673, Page 57 as extended to Phase B dt C by the Second
Amendment to the Declaration of The Village of Cross Creek dated May 25, 2004 and recorded
in Misc. Book 710, Page 421.
UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001 and
recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in
Misc. Book 673, Page 78 as extended to Phases B & C by the First Amendment to the Building
and Use Restrictions of The Village of Cross Creek by Penta Star Investments, Inc., dated May 5,
2004 and recorded in Misc. Book 708, Page 3261.
Storm water drainage facilities shown hereon and located outside the public street rights-of-way
shall be owned and maintained by the owner of the lots on which they are located, and such
facilities shall be permanent unless a revised Storm Water Management Plan is approved by
North Middleton Township. Maintenance shall include periodic mowing of vegetation and
removal of debris which restricts water flow. Should drainage facilities be altered as provided
for above, the change shall not require the consent of other lot owners in the subdivision.
IT BEING the same premises which Penta Star Investments, Inc., a Pennsylvania corporation, by
deed dated October 19, 2005 and recorded in the Recorder's Office in and for Cumberland
County, Pennsylvania, in Book 271, Page 2688, granted and conveyed unto Qualcraft
Construction, LLC.
5.
The Defendant is the real owner of the land subject to the mortgage.
6.
Pursuant to the terms of the mortgage, and underlying note, the sum of Two Hundred
Seventy-Five Thousand One Hundred Twenty ($275,120.00) Dollars was to be repaid on or before
October 20, 2006, with interest at the two (21/6) percent per annum over the prime interest rate, said
prime interest rate to be the highest prune rate charged to established local customers by The
Drovers and Mechanics Bank, during the thirty (30) day period immediately preceding the due date
for payment, but not less than eight (8%) percent, the first payment of interest was due and payable
November 1, 2005 and on the I" day of each month thereafter until paid in full.
7.
The mortgage is default because Defendant's failure to pay the principal and interest.
8.
Pursuant to the terms of the mortgage, as a result of Defendant's default, the entire principal
balance is presently due.
9.
Under the terms of the mortgage, the following amounts are presently owed:
a. Principal Balance : $275,120.00
b. Interest from 07/01/06 to 11/30/06 : 11,934.00
c. Interest from 12/01/06 to
06/18/07 Sheriff Sale
(per diem is $78.34) 15,668.00
d. Satisfaction fee 30.50
e. Attorney's fees @ 5%
per mortgage document 15,138.00
f. Miscellaneous costs : + 100.00
TOTAL $317,990.50
10.
This mortgage is not subject to the notice provisions of Act of January 30, 1974, P.L. 13,
No. 6, (41 P.S. Section 403).
11.
The mortgage is not subject to the Homeowner's Emergency Mortgage Assistance Act of
1983 in that the property is not the residence of the Defendant.
WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in its favor
and against the Defendant in the amount of Three Hundred Seventeen Thousand Eight Hundred
Ninety and 50/100 ($317,890.50) Dollars, as set forth in Paragraph 9, subsequently accred interest
and costs of suit.
submitted,
ANDREA EVELER STANLEY, ESQUIRE
EVELER & EVELER, LLC
ATTORNEYS FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF YORK
Personally appeared before me, a Notary Public in and for said County and Commonwealth,
ROBERT L. MYERS, III, President of JOHN H. MYERS & SON, INC., who duly sworn according
to law deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best
of his information, knowledge and belief.
JOHN H. MYERS & SON, INC.
BY:
Robert L. Mye II, President
SWORN AND SUBSCRIBED to
before me this day
of 2006.
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Treva M. McWilliams, Notary Public
Qty Of York, York County
My Com n Eom Mar. d. 2008
Member, Pennsylvania Association Of Notaries
DEC. 6,2096 3:32PM JOHN H. MYERS & SON
yz,S I
NO. 0527 P. 2
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N t CP
OPEN-SND 14DR`i'G = .`•
THIS WRTCAAE SECURES PUTURE ADVANCES
THIS INDENTURE,
MADE THE 20th day of October in the year of our Lord two thousand
five (2005).
$g QVALCRAFT ConsmicTYOII LW, a Pennsylvania Limited Liability
Company, created and existing under the laws of the Commonwealth of
Pennsylvania, and having its principal place of business at
P. 0. Box 154, Wellsville, York County, Pennsylvania, MORTWMR, party
of the first part, and ,TOEN H. myzRS & SOBS, INC., a Corporation,
created and existing under the laws of the Commonwealth of
Pennsylvania, and having its principal place of business at 2200
Monroe Street, York, York County, Pennsylvania, x0RTCSh=, party of
the second part:
WHEREAS, the said Qualcraft Construction LLC, a Pennsylvania
Limited Liability Company, in and by its certain obligation, or
writing obligatory, duly executed and bearing even date herewith,
stands bound unto the said party of the second part in the sum of TWO
AUNDRBD SEVENTY-FIvZ TBOUSAI1D OW KINDRED TWENTY ($275,120.00)
DOLLARS, conditioned for the payment of the just and full sum of TWO
EMM0 SEVEMY-rIVE THOUSAW ONE gMMO TWRNTY ($275,120.00)
DO s, like lawful money as aforesaid, payable TWELVE (12) NOWHS
from the date hereof, together with interest at the rate of TNO (2$)
p RAT per annum over the prime interest rate, said prime interest
rate to be the highest prime rate charged to established local
customers by The Drovers and Mechanics Bank, during the thirty (30) day
period immediately preceding the due date for payment, but not less
than SIGHT (8*) , the first payment of interest shall be due and
payable November 1, 2005 and on the 1't day of each month thereafter
until paid in full.
AND IN ADDITION, the Mortgagor herein further agrees that in the event
any installment shall become overdue for a period in excess of fifteen
(15) days, a late charge of five cents for each dollar overdue may be
charged by the Mortgagee for the purpose of defraying expenses
incident to the handling of such delinquency, together with the
premiums of insurance, taxes, municipal assessments and charges from
time to time assessed against or upon the hereinafter described
mortgaged premises, without any fraud or further delay, as in and by
EXHIBIT "A"
OK 1927PG3688,
DEC. 6,2006 3:32PM JOHN H, MYERS & SON
NO, 0527 P. 3
the said recited obligation and the conditions thereof, relation to
the same being had, more fully and at large appears, and in case of
default in payment as aforesaid, shall also pay all costs, fees and
expenses of collecting the same including an attorney's commission of
five per centum.
NOW THIS INDENTURE WITNESSETH, that the said party of the first
part, as well for and in consideration of the aforesaid debt or sum of
TWO H MPM SEVENTY-FIVE THOUSAIM ONE SONDRJD TWMR7 ($275,120.00)
Doug, and for the better securing the payment thereof unto the said
party of the second part, its successors and assigns, in discharge of
the said obligation above recited, as for and in consideration of the
further sum of one dollar in specie, well afid truly paid to the said
party of the first part, by the said party of the second part, at and
before the ensealing and delivery hereof, the receipt of which one
dollar is hereby acXnowledged, has granted, bargained, sold, released
and confirmed, and by these presents does grant, bargain, sell,
release and confirm unto the said party of the second part, its
successors and assigns,
wz that certain tract of land situate North Middleton Township,
Cumberland County, Pennsylvania, being Lot No. 54, more fully set
forth on Exhibit "A" attached hereto and made a part hereof.
TOGETHER with all and singular the buildings, improvements,
woods, ways, rights, liberties, privileges, hereditaments and
appurtenances to the same belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues
and profits thereof. TO HAVE AND TO HOLD the said hereditaments and
premises above granted, or intended so to be, with the appurtenances,
unto the said party of the second part, its successors and assigns
forever.
THIS MORTGAGE/INDENTURE secures the payment of any and all
liabilities of the Mortgagors to John H. Myers & Son, Inc. now
existing or hereafter incurred, directly, by assignment or otherwise,
matured or unmatured, direct or contingent, primary, secondary, sole,
joint or several or jointly or severally with any other person or
entity,
AND it is further understood and agreed, that the said party of
the first part, its successors and assigns, will pay all taxes,
municipal assessments and charges from time to time assessed against
or upon said mortgaged premises forthwith when the same become due and
payable, and will keep the buildings erected upon the said premises
insured in some good and reliable fire insurance company or companies
licensed to transact business in the Commonwealth of Pennsylvania, in
the amount of at least TWO SUNDRSD SWENTY-FIVE T13OUSAM CUR BUNDRED
TWZNTY ($275,120.00) DmLARs, and shall take no insurance upon said
buildings not marked for the benefit of the Mortgagee, and the-policy
or policies, with a proper mortgagee or loss payable clause attached,
g({I927PG3689
DEC, 6,2006 3:32PM JOHN H, MYERS & SON
NO. 0527 P. 4
shall be delivered to and held by the said party of the second part,
its successors and assigns, as collateral, security for the payment of
moneys secured hereby, and in case said party of the first part, its
successors and assigns, shall neglect to procure such insurance, or
shall neglect to pay said taxes, municipal assessments and charges
forthwith when the same become due and payable, the said party of the
second part, its successors and assigns, may take out such policy or
policies in its own name, and may pay such taxes, municipal
assessments and charges, and the premium or premiums paid therefor,
and the sum or sums paid for such taxes, municipal assessments and
charges as aforesaid, shall bear interest from the time of payment,
and be added to and collected as part of the said principal sum and in
the same manner-
And it is further agreed and understood that in case default be
made at any time in the payment of the principal debt or any
installment of principal debt or interest, or any part thereof, or of
any taxes, municipal assessments, charges or premiums of insurance
aforesaid, for thirty (30) days after the same falls due as aforesaid,
the whole of the said debt and interest and additions thereto as
aforesaid shall, at the option of the said party of the second part,
its successors and assigns, become due and payable forthwith; and
thereupon an action of mortgagee foreclosure as now provided by
Pennsylvania Procedural Rules 1141 to 1148, both inclusive, or other
appropriate proceedings, now or hereafter prescribed by law, may
forthwith be commenced and prosecuted to judgment, execution and sale,
for the collection of the whole amount of the said debt and interest
remaining unpaid, together with all premiums of insurance, and all
taxes, municipal assessments and charges, and all fees, costs and
expenses of such proceedings, including attorney's commission of five
per cent, of the sum. And all errors in said proceedings, together
with all stay of or exemption from execution, or extension of time of
payment which may be given by any Act or Acts of Assembly now in
force, or which may be enacted hereafter, are hereby forever waived
and released.
PROVIDED ALWAYS, NEVERTHELESS, that if the said Qualrraft
Construction LLC, a Pennsylvania Limitod Liability Comp=y, its
successors and assigns, does and shall well and truly pay, or cause to
be paid unto the said party of the second part, its successors and
assigns, the aforesaid debt or sum of Two summ D sEVSNTY-mm
THOUSAND ONE SifMMM TNMM ($275,120.00) DOLLARS on the day and time
hereinbefore mentioned and appointed for the payment thereof, together
with lawful interest for the same and the premiums of insurance
aforesaid, taxes, municipal assessments and charges, in like money, in
the way and manner hereinbefore specified therefor, without any fraud
or further delay, and without any deduction, defalcation or abatement
to be made, for or in respect of any taxes, charges or assessments
whatsoever, that then, and-from thenceforth, as well this present
Indenture, and the estate hereby granted, as the said obligation above
recited, shall cease, determine and become absolutely null and void to
BR-1927PG3690
DEC. 6, 2006 3:32PM JOHN H, MYERS & SON N0, 0527 P. 5
all intents and purposes, anything hereinbefore contained to the
contrary thereof in anywise notwithstanding.
THIS MORTGAGE is intended to be a purchase money mortgage under the
provisions of the Lien Priority Law of the State of Pennsylvania being
the Act of June 28, 1951 (P.L. 927) amended.
THIS MORTGAGE SECURES FUTURE ADVANCES.
IT IS UNDERSTOOD that the party of the second part has not advanced to
the parties of the first part the total amount secured by this
mortgage and therefore it is understood and agreed that the party of
the second part is obligated to make further advances to the said
parties of the first part up to the total amount secured by this
mortgage, and it is intended that such further advances,.with
interest, shall be secured by this mortgage equally and to the same
extent as the,amount originally advanced by the party of the second
part to the parties of the first part on the security of this mortgage
and all such future advances shall be liens upon the property
hereinabove described as of the date of this mortgage.
IN WITNESS WHEREOF, the said Qualoraft Construction LLC, a
Pennsylvania Limited Liability Company, has caused this Indenture to
be signed by its Members, under and by authority of its Board of
Directors.
QUALCPJLFT CONSTRUCTION LLC
ay
SCOTT A. PLV ?Nr MeMbOR "
I do hereby certify that the pre
office address of the within named Mo
P. 0. Box 1924, Cork, York County, PI
tto
idence and complete post
is 2200 Monroe Street,
gagee
I t 927f%369 I
DEC. 6,2006 3.33PM JOHN H. MYERS & SON
u
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF YORK
NO. 0527 P. 6
On this, the 20th day of October, 2005, before me, a Notary
Public, the undersigned officer, personally appeared STTpMRT L, DF.8R
SR. and SCOTT A. PLomNr who acknowledged themselves to be the
Members of QWMCRUT CONSTRUCTION LLC, a Limited Liability Company,
and that they as such Members, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the
name of the Limited Liability Company by themselves as Members.
z witness whereof, I hereunto set my hand and official seal.
NOTARY PUBLIC
of PE LVANtA
, - r/1 ' c NotaA v Sni
f GlyOf? t;d"
tYly Cbrmibe= BOW MW. 4,2W8
Member, Ponn?YpaNoMSOdeGLn OFNohrtes
SKI 9?G7PG3692
DEC. 6, 2006 3:33PM JOHN H. MYERS & SON
NO. 0527 P. 7
ALL that certain tract of land situate in North Middleton
Township, Cumberland County, Pennsylvania, designated as Lot
No. 54 on the Final subdivision Plan for Phase C of the Village
of Cross Creek dated 5/28/04 and recorded 5/28/04 in the office
of the Recorder of Deeds in and for Cumberland County in Plan
Book 89, Page 17, more particularly bounded and described, as
follows:
BEGINNING at a point on the northern right-of-way of Stony Creek
Court, said point being the southeastern corner of Lot #55;
thence, along Lot #55 N 36° 10' 34" E a distance of 138.01' to a
point; thence along Lot #58 S 75° 19' 26" E a distance of 26.38'
to a point; thence, along Lot #53 S 16° 33' 44" E a distance of
132.771 to a point on the northern right--of-way of Stony Creek
Court; thence, along the right-of-way by a curve to the left
having a radius of 50.00, an arc length of 47.58' and a chord
bearing of S 46° 10' 3811 W a distance of 45.80' to a point;
thence, along the same by a curve to the right having a radius of
11.001, an arc length of 17.16' and a chord bearing of S 63° 36f
31" W with a chord length of 15.47' to a point; thence, along the
same by a curve to the right having a radius of 175.001, an arc
length of 54.60' and a chord bearing of N 62° 45' 42" W with a
chord length of 54.38' to a point; thence, along the same N 53°
49' 2611 W a distance of 61.41' to a point, the place of
BEGINNING.
CONTAINING 14,111 sq. ft. (0.32 acres).
BEING Lot No. 54 on the Final Subdivision Plan for Phases B and C
of the Village of Cross Creek dated 5/28/04, recorded 5/28/04 in
the Office of the Recorder of Deeds in and for Cumberland County
in Plan Book 89, Page 17.
UNDER AND SUBJECT to the Declaration for Phases IA and II of
the Village of Cross Creek dated April 25, 2001 and recorded
April 26, 2001 in the Office of the Recorder of Deeds in and for
Cumberland County in Misc. Book 673, Page 57 as extended to Phase
B & C by the Second Amendment to the Declaration of The Village
of Cross Creek dated may 25, 2004 and recorded in Misc. Book 710,
Page 421.
UNDER AND SUBJECT to the Building and Use Restrictions dated
April 25, 2001 and recorded April 26, 2001 in the Office of the
Recorder of Deeds in and for Cumberland County in Misc. Book 673,
Page 78 as extended to Phases B & C by the First Amendment to the
Building and Use Restrictions of The Village of Cross Creek by
Penta Star Investments, Inc., dated May 5, 2004 and recorded in
Misc. Book 708, Page 3261.
Storm water drainage facilities shown hereon and located outside
the public street rights-of-way shall be owned and maintained by
MI927PG3693
DEC, 6, 2006 3:33PM JOHN H, MYERS & SON N0, 0521 P. 8
rr ,
the owner of the lots on which they are located, and such
facilities shall be permanent unless a revised Storm Water
Management Vlan is approved by North Middleton Township.
Maintenancc shall include periodic mowing of vegetation and
removal of debris which restricts water flow. Should drainage
facilities be altered as provided for above, the change shall not
require the consent of other lot owners in the subdivision.
IT BEING the same premises which Penta Star Investments, Inc., a
Pennsylvania corporation, by deed dated October 19, 2005 and
about to be recorded in the Recorder's Office in and for
Cumberland County, Pennsylvania, granted and conveyed unto
Qualcraft Construction, LLC, MORTGAGOR herein.
to be
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WMIBIT "A"
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IN THE COURT% COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: NO. 06-7195 CIVIL TERM
: MORTGAGE FORECLOSURE
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF YORK
Personally appeared before me, the undersigned officer, a Notary Public in and for said County
and Commonwealth, Stanley R. Hoke, who, being duly sworn according to law, doth depose and
say that he has caused a true and correct copy of the Complaint in Mortgage Foreclosure to be served
upon Scott A. Plowman who accepted service on behalf of Qualcraft Construction LLC, by
hand delivering the same to him on the
SWORN and subscribed to
before me, this 29th day
of December , 2006.
28th /,dav of December , .2006.
Stanley
l
Notary Public
` i_dANIA
C0iJit0IU iSVrf SAL < <
Notarial Seat
ea NotaryPUW
C f1lar. 4, 2W8
'MrTyr
Member. Pennsylvania Association Of Notaries
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3N H; MYERS & SON, INC. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
QUALCRAFT CONSTRUCTION LLC NO. 06-7195 CIVIL TERM
Defendant CIVIL ACTION -LAW
IMPORTANT NOTICE
Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17019
Qualcraft Construction LLC
c/o Stephen L. Beers, Sr.
110 Community Street
Wellsville, PA 17365
DATE OF NOTICE: January 22, 2007
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 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 PAPER TO YOUR LAWYER AT .ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Libery Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
ANDREA EVELER STANLEY, ESQUIRE
'NO. 34347
ATTORNEY FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
r^ .
JOHN H. MYERS & SON, INC. IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
QUALCRAFT CONSTRUCTION LLC NO. 06-7195 CIVIL TERM
Defendant CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, Andrea Eveler Stanley, Esquire, attorney for the Plaintiff, John H. Myers & Son, Inc.,
by certify that I served a Ten Day Notice pursuant to PA R.C.P. 237.5 by first class mail,
postage prepaid, on the following:
Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17019
Qualcraft Construction LLC
c/o Stephen L. Beers, Sr.
110 Community Street
Wellsville, PA 17365
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TE: 01/22/07 BY:
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
ATTORNEY FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: NO. 06-7195 CIVIL TERM
: NOTICE OF FILING JUDGMENT
PRAECIPE FOR JUDGMENT
ENTER JUDGMENT in the above captioned case for failure to file, or enter, an Answer pursuant
to Rule PA R.C.P. 237. 1, a Notice of Intent to enter a Default Judgment was sent to Defendant,
Qualcraft Construction LLC, on January 22, 2007, by first class mail
against Qualcraft Construction LLC
in favor of John H. Myers & Son, Inc.
in the sum of $317,990.50 with interest at the legal rate
Total: $317,990.50 plus interest and costs o,.
NO. 34347
ATTORNEY FOR PLAINTIFF
EVELER & EVELER, LLC
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
2007 Judgment entered by the Prothonotary this day according to the tenor of the
above statement.
(^'PRQTff NOT lky
ANDREA EVELER STANLEY, ESQUIRE
11
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OFFICE OF THE PROTHONOTARY
OF CUMBERLAND COUNTY
CURTIS R. LONG TELEPHONE
PROTHONOTARY (717) 240.6195
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF: John H. Myers & Son, Inc.
versus
DEFENDANT: Qualcraft Construction LLC
JUDGMENT NO. 06-7195 Civil Term
CERTIFICATE OF RESIDENCE
PA R. C. P. 236
I, hereby certify that the precise residence of
Plaintiff is:
2200 Monroe Street, P. O. Box 1924, York, PA 17405
and certify that the last known address of the within
Defendants is:
c/o Scott A. Plowman, 73 Walmar Manor, Dillsburg, PA 17019
i
ANDREA EVELER STANLEY, ESQUIRE
No.34347
Attorney for Plaintiff
EVELER & EVELER, LLC
110 West Broadway
Red Lion, PA 17356
(717) 246-3022
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: NO. 06-7195 Civil Term
: NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a judgment in the Q&-ye-captioned matter has been entered
against you in the amount of $317,990.50 on 3191 -27 , 2007.
( X ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are
enclosed.
?-'A ? Y6 9 A - 0.
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Proth notary iv.
by:,
If you have any questions regarding this Notice, please contact the filing party:
NAME: ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
ADDRESS: 110 WEST BROADWAY
RED LION, PA 17356
TELEPHONE NO.: (717) 246-3022
Notice sent to: NAME: QUALCRAFT CONSTRUCTION LLC
ADDRESS: C/O SCOTT A. PLOWMAN
73 WALMAR MANOR
DILLSBURG, PA 17019
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: NO. 06-7195 CIVIL TERM
: CIVIL ACTION -- LAW
MORTGAGE FORECLOSRUE
AMENDED NOTICE PURSUANT TO PA. I.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 Qualcraft Constuction LLC, known as Lot No. 54, Village
of Cross Creek, North Middleton Township, Cumberland County, Pennsylvania, Parcel ID# 29-06-0021-
212.
John H. Myers & Son, Inc.
P. O. Box 1924
York, PA 17405
Atlas Dry Wall & Construction
225 First Avenue
Red Lion, PA 17356
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
40' & Walnut Streets
7th Floor
Harrisburg, PA 17128-0949
Louis Santo, Jr.
Joy M. Santo
312 Meadow Trail
Dillsburg, PA 17012
Mark Zimmerman
7779 Wertzville Road
Carlisle, PA 17013
Hempt Bros., Inc.
205 Creek Road
Camp Hill, PA 17011
Mumma's Appliances North Middleton Township Municipal Building
3 820 Trindle Road North Middleton Authority
Camp Hill, PA 17011 2051 Spring Road
Carlisle, PA 17013
You are hereby notified that on June 13, 2007 at 10:00 o'clock 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 John H. Myers & Son, Inc., No. 06-7195, the Sheriff of Cumberland County,
Pennsylvania, will expose at Public Sale in the Sheriffs Office, One Courthouse Square, Carlisle,
Pennsylvania, the real estate of Qualcraft Construction LLC, known as Lot No. 54, Village of Cross
Creek, North Middleton Township, Cumberland County, Pennsylvania, Parcel ID#29-06-0021-212. 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 on July 13, 2007, and distribution will be made in accordance with the Schedule
unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by the sale
and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale.
Date:
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
EVELER & EVELER, LLC
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
ALL that certain tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, designated as Lot No. 54 on the Final Subdivision Plan for Phase C of the Village
of Cross Creek dated 5/28/04 and recorded 5/28/04 in the Office of the Recorder of Deeds in and
for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as
follows:
BEGINNING at a point on the northern right-of-way of Stony Creek Court, said point being the
southeastern comer of Lot #55; thence, along Lot #55 N 361 10' 34" E a distance of 138.01' to a
point; thence along Lot #58 S 75° 19' 26" E a distance of 26.38' to a point; thence, along Lot #53
S 16° 33' 44" E a distance of 132.77' to a point on the northern right-of-way of Stony Creek
Court; thence, along the right-of-way by a curve to the left having a radius of 50.00', an arc
length of 47.58' and a chord bearing of S 46° 10' 38" W a distance of 45.80' to a point; thence,
along the same by a curve to the right having a radius of 11.00', an arc length of 17.16' and a
chord bearing of S 63° 36' 31" W with a chord length of 15.47' to a point; thence, along the
same by a curve to the right having a radius of 175.00', an arc length of 54.60' and a chord
bearing of N 62° 45' 42" W with a chord length of 54.38' to a point; thence, along the same N
53° 49' 26" W a distance of 61.41' to a point, the place of BEGINNING.
CONTAINING 14,111 sq. ft. (0.32 acres).
BEING Lot No. 54 on the Final Subdivision Plan for Phases B and C of the Village of Cross
Creek dated 5/28/04, recorded 5/28/04 in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 89, Page 17.
UNDER AND SUBJECT to the Declaration for Phases IA and II of the Village of Cross Creek
dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and
for Cumberland County in Misc. Book 673, Page 57 as extended to Phase B & C by the Second
Amendment to the Declaration of The Village of Cross Creek dated May 25, 2004 and recorded
in Misc. Book 710, Page 421.
UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001 and
recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in
Misc. Book 673, Page 78 as extended to Phases B & C by the First Amendment to the Building
and Use Restrictions of The Village of Cross Creek by Penta Star Investments, Inc., dated May 5,
2004 and recorded in Misc. Book 708, Page 3261.
Storm water drainage facilities shown hereon and located outside the public street rights-of-way
shall be owned and maintained by the owner of the lots on which they are located, and such
facilities shall be permanent unless a revised Storm Water Management Plan is approved by
North Middleton Township. Maintenance shall include periodic mowing of vegetation and
removal of debris which restricts water flow. Should drainage facilities be altered as provided
for above, the change shall not require the consent of other lot owners in the subdivision.
IT BEING the same premises which Penta Star Investments, Inc., a Pennsylvania corporation, by
deed dated October 19, 2005 and recorded in the Recorder's Office in and for Cumberland
County, Pennsylvania, in Book 271, Page 2688, granted and conveyed unto Qualcraft
Construction, LLC.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
: NO. 06-7195 CIVIL TERM
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: MORTGAGE FORECLOSURE
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
John H. Myers & Son, Inc., Plaintiff in the above action, sets forth as of the date of the praecipe
for the writ of execution was filed the following information concerning the ownership in real property
known as Lot No. 54, Village of Cross Creek, North Middleton Township, Cumberland County,
Pennsylvania, Parcel ID# 29-06-0021-212. (SEE ATTACHED COPY OF DESCRIPTION)
1. Name and addresses of Equitable owners or Reputed Owners:
Name Address (If Address cannot be reasonably
ascertained, please so indicate)
N/A
2. Name of legal owners:
Name
Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
3. Name and address of Defendant(s) in the Judgment
Name Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
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4. Name and last known address of every judgment creditor whose judgment is a record of the real
property to be sold:
Name Address (If address cannot be reasonably
ascertained, please so indicate)
John H. Myers & Son, Inc. P. O. Box 1924
York, PA 17405
Atlas Dry Wall & Construction 225 First Avenue
Red Lion, PA 17356
Louis Santo, Jr. 312 Meadow Trail
Joy M. Santo Dillsburg, PA 17012
Mark Zimmerman 7779 Wertzville Road
Carlisle, PA 17013
Hempt Bros., Inc. 205 Creek Road
Camp Hill, PA 17011
Mumma's Appliances 3820 Trindle Road
Camp Hill, PA 17011
5. Name and address of every other person who has any record interest in or record lien on the property
and whose interest may be affected by the sale:
Name Address (If address cannot be reasonably
ascertained, please so indicate)
North Middletown Township Municipal Building 2051 Spring Road
North Middletown Authority Carlisle, PA 17014
6. Names and address of every other person of whom the Plaintiff had knowledge who has any interest in
the property which may be affected by the sale:
Name Address (If address cannot be reasonably
ascertained please so indicate)
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
4t' & Walnut Streets
7t' Floor
Harrisburg, PA 17128-0949
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7. Name and address of the last recorded holder of every mortgage of record.
Name Address (If address cannot be reasonably
ascertained, please so indicate)
John H. Myers & Son, Inc.
P. O. Box 1924
York, PA 17405
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. Sec. 4904 relating to unworn falsification to authorities.
Date: 31a
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
ATTORNEY FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
ALL that certain tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, designated as Lot No. 54 on the Final Subdivision Plan for Phase C of the Village
of Cross Creek dated 5/28/04 and recorded 5/28/04 in the Office of the Recorder of Deeds in and
for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as
follows:
BEGINNING at a point on the northern right-of-way of Stony Creek Court, said point being the
southeastern corner of Lot #55; thence, along Lot #55 N 36° 10' 34" E a distance of 138.01' to a
point; thence along Lot #58 S 75° 19' 26" E a distance of 26.38' to a point; thence, along Lot #53
S 16° 33' 44" E a distance of 132.77' to a point on the northern right-of-way of Stony Creek
Court; thence, along the right-of-way by a curve to the left having a radius of 50.00', an arc
length of 47.58' and a chord bearing of S 46° 10' 38" W a distance of 45.80' to a point; thence,
along the same by a curve to the right having a radius of 11.00', an arc length of 17.16' and a
chord bearing of S 63° 36' 31" W with a chord length of 15.47' to a point; thence, along the
same by a curve to the right having a radius of 175.00', an arc length of 54.60' and a chord
bearing of N 62° 45' 42" W with a chord length of 54.38' to a point; thence, along the same N
53° 49' 26" W a distance of 61.41' to a point, the place of BEGINNING.
CONTAINING 14,111 sq. ft. (0.32 acres).
BEING Lot No. 54 on the Final Subdivision Plan for Phases B and C of the Village of Cross
Creek dated 5/28/04, recorded 5/28/04 in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 89, Page 17.
UNDER AND SUBJECT to the Declaration for Phases IA and H of the Village of Cross Creek
dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and
for Cumberland County in Misc. Book 673, Page 57 as extended to Phase B & C by the Second
Amendment to the Declaration of The Village of Cross Creek dated May 25, 2004 and recorded
in Misc. Book 710, Page 421.
UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001 and
recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in
Misc. Book 673, Page 78 as extended to Phases B & C by the First Amendment to the Building
and Use Restrictions of The Village of Cross Creek by Penta Star Investments, Inc., dated May 5,
2004 and recorded in Misc. Book 708, Page 3261.
Storm water drainage facilities shown hereon and located outside the public street rights-of-way
shall be owned and maintained by the owner of the lots on which they are located, and such
facilities shall be permanent unless a revised Storm Water Management Plan is approved by
North Middleton Township. Maintenance shall include periodic mowing of vegetation and
removal of debris which restricts water flow. Should drainage facilities be altered as provided
for above, the change shall not require the consent of other lot owners in the subdivision.
IT BEING the same premises which Penta Star Investments, Inc., a Pennsylvania corporation, by
deed dated October 19, 2005 and recorded in the Recorder's Office in and for Cumberland
County, Pennsylvania, in Book 271, Page 2688, granted and conveyed unto Qualcraft
Construction, LLC.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: NO. 06-7195 CIVIL TERM
CIVIL ACTION -LAW
AMENDED CERTIFICATE OF SERVICE
AND NOW, this Y day of .J 2007, I, Andrea Eveler Stanley,
Esquire, do hereby certify that I caused to be delivered by first class mail, postage prepaid, a copy of the
within Plaintiffs Notice to Lien Holders upon the following:
John H. Myers & Son, Inc.
P. O. Box 1924
York, PA 17405
Atlas Dry Wall & Construction
225 First Avenue
Red Lion, PA 17356
Mumma's Appliances
3820 Trindle Road
Camp Hill, PA 17011
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
4t' & Walnut Streets
7t` Floor
Harrisburg, PA 17128-0949
Mark Zimmerman
7779 Wertzville Road
Carlisle, PA 17013
Louis Santo, Jr. Hempt Bros., Inc.
Joy M. Santo 205 Creek Road
312 Meadow Trail Camp Hill, PA 17011
Dillsburg, PA 17012
North Middleton Township Municipal Building
North Middleton Authority
2051 Spring Road
Carlisle, PA 17013
/ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
EVELER & EVELER, LLC
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
U.S. POSTAL SERVICE CERTIFICATE Or MArLrrnv
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
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110 West Broadway g
Red Lion, PA 17356
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One piece of ordinary mail addressed to:
North Middleton Township
Carlisle PA 17013
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
John H. Myers & Son, Inc. File No. 06-7195 Civil Term
Plaintiff To be completed by Attorney)
Principal
Attorneys fee
vs. Interest from 07/01/06 to 11/30/06
Interest from 12/01/06 to 06/18/07
Miscellaneous costs
Qualcraft Construction LLC Satisfaction fee
Defendant Total
(To be complted by Proth/Clerk)
Pltf. Paid
$275,120.00
15,138.00
11,934.00
15,668.00
100.00
30.50
$317,990.50
: Deft. Paid
: Due Prothy.
: Other Costs
PRAECIPE FOR WRIT OF EXECUTION-MORTGAGE FORECLOSURE
TO THE PROTHONOTARY OF SAID COURT:
Issue writ of execution in the above capt' case.
DATE: 3/7/07
/ANDREA EVELER STANLEY, ESQUIRE
EVELER & EVELER, LLC
ATTORNEYS FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
WRIT OF EXECUTION-MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above captioned case, you are directed
to levy upon and sell the property described in the attached description.
DATE:
otary
by:
Deputy
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-7195 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JOHN H. MYERS & SON, INC., Plaintiff (s)
From QUALCRAFT CONSTRUCTION LLC
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(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 $317.990.50
Interest
L.L. $.50
Atty's Comm %
Atty Paid $82.00
Plaintiff Paid
Date: MARCH 9, 2007
(Seal)
Due Prothy $1.00
Other Costs
Curti R. Long, Prot ary
By:
Deputy
REQUESTING PARTY:
Name ANDREA EVELER STANLEY, ESQUIRE
Address: EVELER & EVELER, LLC.
110 WEST BROADWAY
RED LION, PA 17356
Attorney for: PLAINTIFF
Telephone: 717-246-3022
Supreme Court ID No. 34347
TRW COWY FROM RE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC. NO. 06-7195 CIVIL TERM
PLAINTIFF
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
AND NOW, this 7th day of March , 2007, I, Andrea Eveler Stanley,
Esquire, do hereby certify that I caused to be delivered by first class mail, postage prepaid, a copy of the
within Plaintiffs Notice to Lien Holders upon the following:
John H. Myers & Son, Inc.
P. O. Box 1924
York, PA 17405
Atlas Dry Wall & Construction
2590 Cranbrook Drive
York, PA 17402
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
4th & Walnut Streets
7th Floor
Harrisburg, PA 17128-0949
Louis Santo, Jr.
Joy M. Santo
312 Meadow Trail
Dillsburg, PA 17012
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
EVELER & EVELER, LLC
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: O
c p q
Andrea Eveler Stanley, Esquire
110 West Broadway
Red Lion, PA 17356 o
One piece of ordinary mail addressed to:
PA Department of Revenue w
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B17rpAi7 of Compliance
Lien Section, Dept. #280948
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7th Floor ''!^
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PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
?e
Received From:
Andrea Eveler Stanley, Esquire
110 West B
Red Lion, PA 17356
One piece of ordinary mail addressed to:
John H. Myers & Son, Inc-, 3 ?
to OOJtn_
P. O. Box 1924 j. J
CD?
York. PA 17405 D
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Andrea Eveler Stanley, Esq
110 West Broadway
Red Lion, PA 17356
Y
One piece of ordinary mail addressed to:
Atlas Dry Wall & Construction
2590 Cranbrook Drive
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York, PA 17402 D
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
C3 p?
Received From: °
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Andrea Eveler Stanley, Esquire
110 West Broadway
Red Lion, PA 17356 Go
One piece of ordinary mail addressed to:
LOUIS SANTO JR. C3
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JOY M. SANTO
312 MEADOW TRAIL
DILLSBURG PA 17012 a r
PS Form 3817, January 2001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
NO. 06-7195 CIVIL TERM
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
John H. Myers & Son, Inc., Plaintiff in the above action, sets forth as of the date of the praecipe
for the writ of execution was filed the following information concerning the ownership in real property
known as Lot No. 54, Village of Cross Creek, North Middleton Township, Cumberland County,
Pennsylvania, Parcel ID# 29-06-0021-212. (SEE ATTACHED COPY OF DESCRIPTION)
1. Name and addresses of Equitable owners or Reputed Owners:
Name Address (If Address cannot be reasonably
ascertained, please so indicate)
N/A
2. Name of legal owners:
Name
Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
3. Name and address of Defendant(s) in the Judgment
Name Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
4. Name and last known address of every judgment creditor whose judgment is a record of the real
property to be sold:
Name Address (If address cannot be reasonably
ascertained, please so indicate)
John H. Myers & Son, Inc.
Atlas Dry Wall & Construction
Louis Santo, Jr.
Joy M. Santo
P. O. Box 1924
York, PA 17405
2590 Cranbrook Drive
York, PA 17402
312 Meadow Trail
Dillsburg, PA 17012
5. Name and address of every other person who has any record interest in or record lien on the property
and whose interest may be affected by the sale: Address (If address cannot be reasonably
Name ascertained, please so indicate)
N/A
6. Names and address of every other person of whom the Plaintiff had knowledge who has any interest in
the property which may be affected by the sale:
Name Address (If address cannot be reasonably
ascertained please so indicate)
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
4t` & Walnut Streets
7th Floor
Harrisburg, PA 17128-0949
7. Name and address of the last recorded holder of every
dress (If mortgage of record.
rrd. be reasonably
Name ascertained, please so indicate)
John H. Myers & Son, Inc.
P. O. Box 1924
York, PA 17405
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. Sec. 4904 relating to unsworn falsification to authorities.
Date: 3/7/07
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
ATTORNEY FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
ALL that certain tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, designated as Lot No. 54 on the Final Subdivision
C of the Reco der of Deeds inaand
of Cross Creek dated 5/28/04 and recorded 5/28/04 in the
for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as
follows:
BEGINNING at a point on the northern right-of-way of Stony Creek Court, said point being the
southeastern corner of Lot #55; thence, along Lot #55 N 36° 10' 34" E a distance of 138.01' to a
t a point; thence, of-wa of Stony along Lot #53
point; thence along Lot #58 S 75° 19' 26" E a distance of 26.38' to
S 16° 33' 44" E a distance of 132.77 to a point on the northern Creek
Court; thence, along the right-of-way by a curve to the left having a radius of 50.00', an arc
length of 47.58' and a chord bearing of S 46° 10' 38" W a distance of 45.80' to a point; thence,
along the same by a curve to the right having a radius of 11.00', an arc length of 17.16' and a
chord bearing of S 63° 36' 31" W with a chord length of 115.47' to a point; thence, achorde
same by a curve to the right having a radius of 175.00', length an arc bearing of N 62° 45' 42" W with a chord length of 8' to a point; . thence, along the same N
53° 49' 26" W a distance of 61.41' to a point, the place of BEGINNING.
CONTAINING 14,111 sq. ft. (0.32 acres).
BEING Lot No. 54 on the Final Subdivision Plan for Phases B Rand C of the ecorder of Deeds inaand for Cross
Creek dated 5/28/04, recorded 5/28/04 in t1 Office of the
Cumberland County in Plan Book 89, Page f Cross
reek UNDER AND SUBJECT to the Declaration for Phases IA and
of the enrage of Deeds Cn and
dated April 25, 2001 and recorded April 26, 2001 in the O
for Cumberland County in Misc. Book 673, Page 57 as extended Phase B 25& 04 and recorded
Amendment to the Declaration of The Village of Cross Creek dated May
in Misc. Book 710, Page 421. and UNDER AND SUBJECT to the Building and Use Rest D? Deeds dmteand d fApril 25, or Cumbeland County in
recorded April 26, 2001 in the Office of the Recorder
Misc. Book 673, Page 78 as extended to Phases B & C be the Firs InAm admen Inc. e B d ldin 5,
and Use Restrictions of The Village of Cross Creek by P
2004 and recorded in Misc. Book 708, Page 3261.
and suchway
Storm water drainage facilities shown hereon and located outside ?? h hey are/ locatedstreet
shall be owned and maintained by the owner of the lots
facilities shall be permanent unless a revised Storm Water Management Plan is approved by
on and
North Middleton Township. Maintenance shall include periodic mowing vegetation
ded
removal of debris which restricts water flow. sent o Should otdrainage her lot owner in the subdivis on.
for above, the change shall not require the
IT BEING the same premises which Penta Star Investments, Inc., a Pennsylvania corporation, by
deed dated October 19, 2005 and recorded in the Recorder's and conveyed Office
unto for Cumberland Qu County, Pennsylvania, in Book 271, Page 2688, granted an
Construction, LLC.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
VS.
: NO. 06-7195 CIVIL TERM
CIVIL ACTION -LAW
QUALCRAFT CONSTRUCTION LC
DEFENDANT
MORTGAGE FORECLOSRUE
NOTICE PURSUANT TO PA. R.C.P. 3129
parties who hold one or more mortgage,
NOTICE IS HEREBY GIVEN to the following No. 54, Village the real estate of Qualcraft Constuction LLClown as parcel Lot ID# No. 29-06-0021-
judgment judgment or tax hens ag Cumberland County, Pennsylvania,
of Cross Creek, North Middleton Township,
212.
John H. Myers & Son, Inc.
p. O. Box 1924
York, PA 17405
Atlas Dry Wall & Construction
2590 Cranbrook Drive
York, PA 17402
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
4th & Walnut Streets
7th Floor
14arrisburg, PA 17128-0949
Louis Santo, Jr.
Joy M. Santo
312 Meadow Trail
Dillsburg, PA 17012
Prevailing time, by virtue of
you are hereby notified that on June 13, 2007 at 10:00 o'clock A.M., P Pennsylvania, on P of Cumberland County' a Writ of Execution issued out of the Court of Comm 1951the Sheriff of Cumberland County,
the judgment of John H. Myers & Son, Inc., No. 06-7195, tee, Carlisle,
will expose at Public Sale in the Sheriff s Office, we as Lo No 54 Village of Cross
Pennsylvania, ,
Pennsylvania, the real estate of Qualcraft Construction Cumberland County, Pennsylvania, parcel ID#29-06-0021-212. A
Creek, North Middleton Township,
description of said real estate is hereto attached. the Sheriff of
You are further notified that a Schedule of Proposed bDeismade ? ? oll?fil ?? the Schedule
Cumberland County on July 13, 2007, and distribution
s thereafter.
unless exceptions are filed thereto within ten (10) y
ALL that certain tract of land situate in North Middleton Township,
ubdivi ,S on Plan or Phase C of e Village
Pennsylvania, designated as Lot No. 54 on the Final
Subdivision corder dated 5/28/04 and recorded 5/28/04 in the office of bo eded and described, as
of Cross Creek
in Plan Book 89, Page 17, more particularly
for Cumberland County d
follows:
of Stony Creek Court, said point being the
BEGINNING at a point on the northern right-of-way Lot #55 N 36° 10' 34" E a distance of 138.01' to a
southeastern corner of Lot #55; thence, along
e along Lot #58 S 75° 19' 26" E a distance of 26.38' ito a point; thence, along g of-wa of Stony Creekt #5
point; thence
S 16° 33' 44" E a distance of 132.77' to a point on the northern right-of-way
a radius of 50.00', an arc
right-of-way by a curve to the left having thence,
Court; thence, along the of S 46° 10' 38" W a distance of 45.80' to a point;
length of 47.58 and a chord bearing
the same by a curve to the right having a radius of 11.00', an arc length of 17.16' and
along int; hord bearing of S 63° 36' 31" W with a chord length of 1 ? 71en a Pof 54.60n and a cong horde
c t having a radius of 175.00', an same by a curve to the right to a point; bearing of N 62° 45' 42" W with a chord length of 54.38'f BEGINNING ce, along the same
53° 49' 26" W a distance of 61.41 to a point, the place
CONTAINING 14,111 sq. ft. (0.32 acres).
and for Cross
of Deeds Village
BEING Lot No. 54 on the Final Subdivision Plan for Phases B ro and
Recorder
Creek dated 5/28/04, recorded?k8894Page ;Office of the
Cumberland County in Plan B Village
f Cross
reek UNDER AND SUBJECT to the Declaration for Phases IA and 11 of t Recorder of Deeds in and the Office of
dated April 25, 2001 and recorded April 26, 2001 in the O 57 as extended to phase B & C by the Second
for Cumberland County in Misc. Book 673, Page
t to the Declaration of The Village of Cross Creek dated May 25, 2004 and recorded
Amendment
in Misc. Book 710, Page 421.
UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001 and rland
County recorded April 26 2001 in the Office of the Recorder of Deeds in anAmendment?to the Buildings
Misc. Book 673, Page 78 as extended to Phases B & C by the First
and Use Restrictions of The Village of Cross Creek by Penta Star Investments, Inc., dated May 5,
2004 and recorded in Misc. Book 708, Page 3261.
water drainage facilities shown hereon and located outside which he Puubazl located, ightsuchwaY
Storm
shall be owned and maintained by the owner of the lots on Management Plan's approved by
facilities shall be permanent unless a revised Storm Water of vegetation and
Maintenance shall include periodic mowing ran ded ilities
North Middleton Township.
altered removal of debris which restricts water flow. Should of drainage other
lot owners in the subdivision.
for above, the change shall not require the consent o
Inc., a Pennsylvania corporation, by
IT BEING the same premises which Penta Star Investments,
deed dated October 19, 2005 and recorded in the Recorder's office in anunto for Q Cumberland
County, Pennsylvania, in Book 271, Page 2688, granted and conveyed aleraft
Construction, LLC.
-ri
c.? -C
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.
1114IL65--
Date: 3/7/07
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
EVELER & EVELER, LLC
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
C Ve-C4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which John H Myers & Son Inc is the grantee the same having been sold to said
grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 9th
day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006
Number 7195, at the suit of John H Myers & Son Inc against Qualcraft Construction LLC is duly
recorded in Deed Book No. 281, Page 223.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this I.O
gLAL A.D. )-0 0
day of
a o«?. Recorder of Deeds
twr c?r? ?» ?» ? ?a.??or?.?o
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which John H Myers & Son Inc is the grantee the same having been sold to said
grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 9th
day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006
Number 7195, at the suit of John H Myers & Son Inc against (Qualcraft Construction LLC is duly
recorded in Deed Book No. 280, Page 3360.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 02 9 day of
Jdhe , A.D.?"
Recorder of Deeds
firooid?rdDaWkC,wawiarw Caft- WW PA
John H. Myers & Son, Inc. In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
Qualcraft Construction LLC Writ No. 2006-7195 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant, to wit: Qualcraft Construction LLC, but
was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County,
Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law.
York County Return: And now, April 9, 2007 at 7:11 PM served the within Real Estate
Writ, Notice and Description upon Qualcraft Construction LLC by personally handing to Scott
Plowman, adult in charge for Qualcraft Construction LLC, a true attested copy of the original Real
Estate Writ, Notice and Description and making known to him the contents thereof at 73 Walmar
Manor, Dillsburg, PA 17109. So answers: William Hose, Sheriff of York County, PA.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
April 17, 2007 at 1545 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Qualcraft Construction LLC
located at Lot No. 54, Village of Cross Creek, Parcel ID #29-06-0021-212, North Middleton
Township, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Qualcraft
Construction LLC, by regular mail to their last known address of 73 Walmar Manor, Dillsburg, PA
17109. This letter was mailed under the date of April 18, 2007 and never returned to the Sheriffs
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at
10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Andrea Eveler Stanley, on
behalf of John H. Myers & Son, Inc. It being the highest bid and best price received for the same,
John H. Myers & Son, Inc., of P. O. Box 1924, York, PA 17405, being the buyer in this execution,
paid to Sheriff R. Thomas Kline the sum of $1587.47.
Sheriffs Costs:
Docketing $30.00
Poundage 31.13
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 4.80
Levy 15.00
Surcharge 20.00
Out of County 9.00
York County 110.30
Law Journal 647.00
Patriot News 550.07
Share of Bills 16.17
Distribution of Proceeds 25.00
Sheriff s Deed 39.50
$ 1587.47 ? S/0 4107 ?+
So s rs:
R. Thomas Kline, Sheriff
k&L
ado-
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It Ck 59/qY 50
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
NO. 06-7195 CIVIL TERM
"Ty FORECLOSU`
ro
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Z? c7
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VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
w
rv
John H. Myers & Son, Inc., Plaintiff in the above action, sets forth as of the date of the praecipe
for the writ of execution was filed the following information concerning the ownership in real property
known as Lot No. 54, Village of Cross Creek, North Middleton Township, Cumberland County,
Pennsylvania, Parcel ID# 29-06-0021-212. (SEE ATTACHED COPY OF DESCRIPTION)
1. Name and addresses of Equitable owners or Reputed Owners:
Name Address (If Address cannot be reasonably
ascertained, please so indicate)
N/A
2. Name of legal owners:
Name
Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
3. Name and address of Defendant(s) in the Judgment
Name Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
4. Name and last known address of every judgment creditor whose judgment is a record of the real
property to be sold:
Name Address (If address cannot be reasonably
ascertained, please so indicate)
John H. Myers & Son, Inc. P. O. Box 1924
York, PA 17405
Atlas Dry Wall & Construction 225 First Avenue
Red Lion, PA 17356
Louis Santo, Jr. 312 Meadow Trail
Joy M. Santo Dillsburg, PA 17012
Mark Zimmerman 7779 Wertzville Road
Carlisle, PA 17013
Hempt Bros., Inc. 205 Creek Road
Camp Hill, PA 17011
Mumma's Appliances 3 820 Trindle Road
Camp Hill, PA 17011
5. Name and address of every other person who has any record interest in or record lien on the property
and whose interest may be affected by the sale:
Name Address (If address cannot be reasonably
ascertained, please so indicate)
North Middletown Township Municipal Building 2051 Spring Road
North Middletown Authority Carlisle, PA 17014
6. Names and address of every other person of whom the Plaintiff had knowledge who has any interest in
the property which may be affected by the sale:
Name Address (If address cannot be reasonably
ascertained please so indicate)
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
4t' & Walnut Streets
7th Floor
Harrisburg, PA 17128-0949
7. Name and address of the last recorded holder of every mortgage of record.
Name Address (If address cannot be reasonably
ascertained, please so indicate)
John H. Myers & Son, Inc.
P. O. Box 1924
York, PA 17405
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. Sec. 4904 relating to unworn falsification to authorities.
Date:
NO. 34347
/ ANDREA EVELER STANLEY, ESQUIRE
ATTORNEY FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
ALL that certain tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, designated as Lot No. 54 on the Final Subdivision Plan for Phase C of the Village
of Cross Creek dated 5/28/04 and recorded 5/28/04 in the Office of the Recorder of Deeds in and
for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as
follows:
BEGINNING at a point on the northern right-of-way of Stony Creek Court, said point being the
southeastern corner of Lot #55; thence, along Lot #55 N 36° 10' 34" E a distance of 138.01' to a
point; thence along Lot #58 S 75° 19' 26" E a distance of 26.38' to a point; thence, along Lot #53
S 16° 33' 44" E a distance of 132.77' to a point on the northern right-of-way of Stony Creek
Court; thence, along the right-of-way by a curve to the left having a radius of 50.00', an arc
length of 47.58' and a chord bearing of S 46° 10' 38" W a distance of 45.80' to a point; thence,
along the same by a curve to the right having a radius of 11.00', an arc length of 17.16' and a
chord bearing of S 63° 36' 31" W with a chord length of 15.47' to a point; thence, along the
same by a curve to the right having a radius of 175.00', an arc length of 54.60' and a chord
bearing of N 62° 45' 42" W with a chord length of 54.38' to a point; thence, along the same N
53° 49' 26" W a distance of 61.41' to a point, the place of BEGINNING.
CONTAINING 14,111 sq. ft. (0.32 acres).
BEING Lot No. 54 on the Final Subdivision Plan for Phases B and C of the Village of Cross
Creek dated 5/28/04, recorded 5/28/04 in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 89, Page 17.
UNDER AND SUBJECT to the Declaration for Phases IA and H of the Village of Cross Creek
dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and
for Cumberland County in Misc. Book 673, Page 57 as extended to Phase B & C by the Second
Amendment to the Declaration of The Village of Cross Creek dated May 25, 2004 and recorded
in Misc. Book 710, Page 421.
UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001 and
recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in
Misc. Book 673, Page 78 as extended to Phases B & C by the First Amendment to the Building
and Use Restrictions of The Village of Cross Creek by Penta Star Investments, Inc., dated May 5,
2004 and recorded in Misc. Book 708, Page 3261.
Storm water drainage facilities shown hereon and located outside the public street rights-of-way
shall be owned and maintained by the owner of the lots on which they are located, and such
facilities shall be permanent unless a revised Storm Water Management Plan is approved by
North Middleton Township. Maintenance shall include periodic mowing of vegetation and
removal of debris which restricts water flow. Should drainage facilities be altered as provided
for above, the change shall not require the consent of other lot owners in the subdivision.
IT BEING the same premises which Penta Star Investments, Inc., a Pennsylvania corporation, by
deed dated October 19, 2005 and recorded in the Recorder's Office in and for Cumberland
County, Pennsylvania, in Book 271, Page 2688, granted and conveyed unto Qualcraft
Construction, LLC.
r
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC.
PLAINTIFF
: NO. 06-7195 CIVIL TERM
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT
: MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
John H. Myers & Son, Inc., Plaintiff in the above action, sets forth as of the date of the praecipe
for the writ of execution was filed the following information concerning the ownership in real property
known as Lot No. 54, Village of Cross Creek, North Middleton Township, Cumberland County,
Pennsylvania, Parcel ID# 29-06-0021-212. (SEE ATTACHED COPY OF DESCRIPTION)
1. Name and addresses of Equitable owners or Reputed Owners:
Name Address (If Address cannot be reasonably
ascertained, please so indicate)
N/A
2. Name of legal owners:
Name
Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
3. Name and address of Defendant(s) in the Judgment
Name Address (If address cannot be reasonably
ascertained, please so indicate)
Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
01
4. Name and last known address of every judgment creditor whose judgment is a record of the real
property to be sold:
Name Address (If address cannot be reasonably
ascertained, please so indicate)
John H. Myers & Son, Inc.
Atlas Dry Wall & Construction
Louis Santo, Jr.
Joy M. Santo
P. O. Box 1924
York, PA 17405
2590 Cranbrook Drive
York, PA 17402
312 Meadow Trail
Dillsburg, PA 17012
5. Name and address of every other person who has any record interest in or record lien on the property
and whose interest may be affected by the sale:
Name Address (If address cannot be reasonably
ascertained, please so indicate)
N/A
6. Names and address of every other person of whom the Plaintiff had knowledge who has any interest in
the property which may be affected by the sale:
Name Address (If address cannot be reasonably
ascertained please so indicate)
PA Department of Revenue
Bureau of Compliance
Lien Section, Dept. #280948
4th & Walnut Streets
7th Floor
Harrisburg, PA 17128-0949
7. Name and address of the last recorded holder of every mortgage of record.
Name Address (If address cannot be reasonably
ascertained, please so indicate)
John H. Myers & Son, Inc.
P. O. Box 1924
York, PA 17405
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. Sec. 4904 relating to unworn falsification to authorities.
Date: 3/7/07
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
ATTORNEY FOR PLAINTIFF
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
ALL that certain tract of land situate in North Middleton Township, Cumberland County,
Pennsylvania, designated as Lot No. 54 on the Final Subdivision Plan for Phase C of the Village
of Cross Creek dated 5/28/04 and recorded 5/28/04 in the Office of the Recorder of Deeds in and
for Cumberland County in Plan Book 89, Page 17, more particularly bounded and described, as
follows:
BEGINNING at a point on the northern right-of-way of Stony Creek Court, said point being the
southeastern corner of Lot #55; thence, along Lot #55 N 36° 10' 34" E a distance of 138.01' to a
point; thence along Lot #58 S 75° 19' 26" E a distance of 26.38' to a point; thence, along Lot #53
S 16° 33' 44" E a distance of 132.77' to a point on the northern right-of-way of Stony Creek
Court; thence, along the right-of-way by a curve to the left having a radius of 50.00', an are
length of 47.58' and a chord bearing of S 46° 10' 38" W a distance of 45.80' to a point; thence,
along the same by a curve to the right having a radius of 11.00', an arc length of 17.16' and a
chord bearing of S 63° 36' 31" W with a chord length of 15.47' to a point; thence, along the
same by a curve to the right having a radius of 175.00', an arc length of 54.60' and a chord
bearing of N 62° 45' 42" W with a chord length of 54.38' to a point; thence, along the same N
53° 49' 26" W a distance of 61.41' to a point, the place of BEGINNING.
CONTAINING 14,111 sq. ft. (0.32 acres).
BEING Lot No. 54 on the Final Subdivision Plan for Phases B and C of the Village of Cross
Creek dated 5/28/04, recorded 5/28/04 in the Office of the Recorder of Deeds in and for
Cumberland County in Plan Book 89, Page 17.
UNDER AND SUBJECT to the Declaration for Phases IA and II of the Village of Cross Creek
dated April 25, 2001 and recorded April 26, 2001 in the Office of the Recorder of Deeds in and
for Cumberland County in Misc. Book 673, Page 57 as extended to Phase B & C by the Second
Amendment to the Declaration of The Village of Cross Creek dated May 25, 2004 and recorded
in Misc. Book 710, Page 421.
UNDER AND SUBJECT to the Building and Use Restrictions dated April 25, 2001 and
recorded April 26, 2001 in the Office of the Recorder of Deeds in and for Cumberland County in
Misc. Book 673, Page 78 as extended to Phases B & C by the First Amendment to the Building
and Use Restrictions of The Village of Cross Creek by Penta Star Investments, Inc., dated May 5,
2004 and recorded in Misc. Book 708, Page 3261.
Storm water drainage facilities shown hereon and located outside the public street rights-of-way
shall be owned and maintained by the owner of the lots on which they are located, and such
facilities shall be permanent unless a revised Storm Water Management Plan is approved by
North Middleton Township. Maintenance shall include periodic mowing of vegetation and
removal of debris which restricts water flow. Should drainage facilities be altered as provided
for above, the change shall not require the consent of other lot owners in the subdivision.
IT BEING the same premises which Penta Star Investments, Inc., a Pennsylvania corporation, by
deed dated October 19, 2005 and recorded in the Recorder's Office in and for Cumberland
County, Pennsylvania, in Book 271, Page 2688, granted and conveyed unto Qualcraft
Construction, LLC.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHN H. MYERS & SON, INC. NO. 06-7195 CIVIL TERM
PLAINTIFF
VS.
QUALCRAFT CONSTRUCTION LLC
DEFENDANT CIVIL ACTION -LAW
NOTICE OF SHERIFF'S SALE OF
INTEREST IN REAL ESTATE
TO: Qualcraft Construction LLC
c/o Scott A. Plowman
73 Walmar Manor
Dillsburg, PA 17109
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the Sheriffs Office, One Courthouse
Square, Carlisle, Pennsylvania, 17013, on June 13, 2007 at 10:00 o'clock A.M., the following described
real estate of Qualcraft Construction LLC, known as Lot No. 54, Village of Cross Creek, North
Middleton Township, Cumberland County, Pennsylvania, Parcel ID# 29-06-0021-212. (SEE
ATTACHED DESCRIPTION)
The said Writ of Execution was issued on a judgment of John H. Myers & Son, Inc. vs. Qualcraft
Construction LLC, at No. 06-7195 in the amount of $317,990.50 which includes interest, late charges
and an attorney's commission of $15,138.00 thereon, plus costs.
Claims against property must be filed at the office of the Sheriff before above sale date.
Claims to proceeds must be made with the office of the Sheriff before distribution.
Schedule of Distribution will be filed with the office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the office of
the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is a
judgment against you. It may cause your property to be held or taken to pay the judgment. You may
have legal rights to prevent your property from being taken. A lawyer can advise you more specifically
of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE. THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL ADVICE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
137 EAST MARKET STREET
TELEPHONE NO. (717) 249-3166
You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you.
You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objections
you might have within twenty (20) days after service of the complaint in Civil Action - Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly
file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the
defense on time. If the judgment is opened, the Sheriffs Sale would originally be delayed pending a trial
of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty
(20) days after service or in certain other events. To exercise this right, you would have to file a petition
to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs
Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal
or equitable right.
You may also have the right to have the Sheriffs Sale set aside if the property is sold for a
grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should
file a petition with the Court after the sale and before the Sheriff has delivered his deed to the property.
The Sheriff will deliver the deed if no petition to set aside the sale is filed within ten (10) days from the
date when the Schedule of Distribution is filed in the office of the Sheriff.
Date: 3/7/07
4-
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
EVELER & EVELER, LLC
110 WEST BROADWAY
RED LION, PA 17356
(717) 246-3022
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-7195 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JOHN H. MYERS & SON, INC., Plaintiff (s)
From QUALCRAFT CONSTRUCTION LLC
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $317.990.50
L.L. $.50
Interest
Atty's Comm %
Atty Paid $82.00
Plaintiff Paid
Date: MARCH 9, 2007
(Seal)
Due Prothy $1.00
Other Costs
4P-
Curti/K. Long, Pro otar
By:
Deputy
REQUESTING PARTY:
Name ANDREA EVELER STANLEY, ESQUIRE
Address: EVELER & EVELER, LLC.
110 WEST BROADWAY
RED LION, PA 17356
Attorney for: PLAINTIFF
Telephone: 717-246-3022
Supreme Court ID No. 34347
Real Estate Sale # 88
On March 15, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
North Middleton Township, Cumberland County, PA
Known and numbered as Lot No. 54, Village of Cross Creek,
Parcel ID#29-06-0021-212, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: March 15, 2007 By:
Real Est Sergeant
0 1 C 1i `11 0 111
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, 27, May 4, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that 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 Cl- racter of publication are true.
? 4? 6? ?"- ,
i Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
4 _day of Ma, 2007
NOTA:p'AL ;SEAL
LUS E. NYDER, Notary Public
Car4i slo Gorc, Cumberland County
„'v ar, :ice ,.ron == ^ires !March 5, 2099
id,
REAL ESTATE SALE NO. 88
Writ No. 2006-7195 Civil
John H. Myers & Son, Inc.
vs.
Qualcraft Construction LLC
Atty.: Andrea Stanley
ALL that certain tract of land situ-
ate in North Middleton Township,
Cumberland County, Pennsylvania,
designated as Lot No. 54 on the Fi-
nal Subdivision Plan for Phase C of
the Village of Cross Creek dated 5/
28/04 and recorded 5/28/04 in the
Office of the Recorder of Deeds in
and for Cumberland County in Plan
Book 89, Page 17, more particularly
bounded and described, as follows:
BEGINNING at a point on the
northern right-of-way of Stony Creek
Court, said point being the south-
eastern comer of Lot #55; thence,
along Lot #55 N 36° 10' 34" E a
distance of 138.01' to a point;
thence along Lot #58 S 75° 19' 26"
E a distance of 26.38' to a point;
thence, along Lot #53 S 16° 33' 44"
E a distance of 132.77' to a point
on the northern right-of-way of
Stony Creek Court: thence, along
the right-of-way by a curve to the
left having a radius of 50.00', an
arc length of 47.58' and a chord
bearing of S 46° 10' 38" W a dis-
tance of 45.80' to a point: thence,
along the same by a curve to the
right having a radius of 11.00% an
arc length of 17.16' and a chord
bearing of S 63° 36' 31" W with a
chord length of 15.47' to a point:
thence, along the same by a curve
to the right having a radius of
175.00', an arc length of 54.60' and
a chord bearing of N 62° 45' 42" W
with a chord length of 54.38' to a
point; thence, along the same N 53°
49' 26" W a distance of 61.41' to a
point, the place of BEGINNING.
CONTAINING 14,111 sq. ft.
(0.32 acres).
BEING Lot No. 54 on the Final
Subdivision Plan for Phases B and
C of the Village of Cross Creek dated
5/28/04, recorded 5/28/04 in the
Office of the Recorder of Deeds in
and for Cumberland County in Plan
Book 89, Page 17.
UNDER AND SUBJECT to the
Declaration for Phases IA and H of
the Village of Cross Creek dated
April 25, 2001 and recorded April
26, 2001 in the Office of the Re-
corder of Deeds in and for Cumber-
land County in Misc. Book 673, Page
57 as extended to Phase B & C by
the Second Amendment to the Dec-
laration of The Village of Cross Creek
dated May 25, 2004 and recorded
in Misc. Book 710, Page 421.
UNDER AND SUBJECT to the
Building and Use Restrictions dated
April 25, 2001 and recorded April
26, 2001 in the Office of the Re-
corder of Deeds in and for Cumber-
land County in Misc. Book 673, Page
78 as extended to Phases B & C by
the First Amendment to the Build-
ing and Use Restrictions of The Vil-
lage of Cross Creek by Penta Star
Investments, Inc., dated May 5,
2004 and recorded in Misc. Book
708, Page 3261.
Storm water drainage facilities
shown hereon and located outside
the public street rights-of-way shall
be owned and maintained by the
owner of the lots on which they are
located, and such facilities shall be
permanent unless a revised Storm
Water Management Plan is approved
by North Middleton Township. Main-
tenance shall include periodic mow-
ing of vegetation and removal of
debris which restricts water flow.
Should drainage facilities be altered
as provided for above, the change
shall not require the consent of
other lot owners in the subdivision.
IT BEING the same premises
which Penta Star Investments, Inc.,
a Pennsylvania corporation, by deed
dated October 19, 2005 and re-
corded in the Recorder's Office in
and for Cumberland County, Penn-
sylvania, in Book 271, Page 2688,
granted and conveyed unto
Qualcraft. Construction, LLC.
' r.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#88
Sworn to and subscribed before me this 18th day of May 2007 A.D.
COMMONWEALTH OF PENN;
Notarial Seal_
i eny L. Russell, Notary Public
City Of Harrisburg, Dauphin Courtly
My Co"' sion Expires June 6, 2010
em e nsylvania °:ssociation of Notaries
N ARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
PAW Emma 811010 *116 a
L
VS
Cluelcrak Con Uon LLC
Atty. Andrea SbrNsy
ALL that certam`ttact of land simak in North
Wild[" Township, Cumberland County,
pmnsfivaaaa, iltrdghhated as Lot No. 54 on the
Final Subdi0ision"Plan. for Phase C of the
Village of Coss Creek dated 500 and
recorded 5/28N in the Office of the Reconlea
of Deals in and for Cumbalmd County n:Plan
Book 89, Page 17, mom paatiwl>oiy bounded
and described, as follows:
BEGM04 Gatepoistoods 1 vot4
way of Slow CMeit Coro, void PWII baliMg the
sothlteaw censer of Lit M, [true, dove
Lot 1155 N 36 W 3d E a dMwo of l-" #J'
to a point; ftooo laaytodS S 75 If" 7dt E
a dWtwm of 2Wba piI; aaa, *q Lot
433 3 16 33' 441E a tl mwe of i32.77'to a
point on the noalm 'vow-way of Stony
Creek Cow thence, a lothatfab*k-of-wayby a
curve to the left be* a nAws of 5W, an arc
kno of 4758' and a Chord bearing of S 46
10' 381W a distance of 45.8(1' to a point; thence,
along the same Py a curve to the right having a
radius of 11..00', an arc length of 17.16' and a
chord beating of S 63 36'311W with a chord
length of 15.47' to a point; thence, along the
same by a eurveno the right having a radius of
175.00', an arc leagllt of 54.60' and a chord
bearing of N 62 45' 424 W will[ a chord length
of 54,38'n a pow thence, along the am N
53 49' 261 W a distance of 61.41' to a point,
*o pitx of BEfa0040•
("l'1pyTi1lMM 14til1 q I On acwt
BWG Lot No. 54 on the )read. s birieee
tow $oft 400" swill tie
t of 6t MioRa t of i in tad boa
WO R AND SUBJWT to the ?t
plaaelt IA and Il of the Village of Cross
d o$ April 25, 2001 and =Wed
AN in the Office of the Recorder of Doty[ k ,
and for Comibetlsid County in Misc. Book 673,
Page 57 as exkadai to Phut B & C by the
Second Amendment to the Declatapon of The
Village of Crosa"Crt& dated May 25, 2W4 and
recorded; i$ Wk. Book 71A PW 421.
UNDER AND SUBAU make BWAng and !
Use Restrictions dated /April 25, 2001 and
recorded Aid 26, -2001 in the (ffle,of the
Recorder of Deeds in W for Cumberland
County in ,Kw. Boot 673, Pogo 78 as Wooded
to Phases B & C by t#e First AeamdmW to the
Build and Usadlidlictoas OfIlle M&P of
Coosa cook by rwo 9w iathavraar- hr.,
daUla aly S, wool, ..Mall Mrc. hlidilr
701,ltf?3ih61. _