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HomeMy WebLinkAbout94-02037 r 91/- c7tl3? c.~ a:f'~ , i . ,.-..,....."" NO. Civil 19 vs. R.,tJ tJ. ~MM ef. J. ---, Court of Common Pleas Cumbo Co. I r \ I I . ~" ,,:-,,;" I___~ . - ,- -. , ... , , . r .~ J .1 . I '! ',. I (' I. I i r , . f' ,t:' 'I ~ ~ a- , -:.~ ~ <.J u~ ~ en - ~ ~ "'... ..... "'-~:.r- --1' ~ ~~:.~L::~r ~ ':- :: I~' ~~: o Cl \.ri ~ ...... . I '.oj .),1- fb -:T,f.., V> Ii: ~ oil 9 _ i ~ i ~ :z: .. ,., ~ g~li ~ ~ ~ f ujclllll w _ g ::l: :i: ~ w a: ~ ~ I ...-,' . . ... ~ ~ " \J) - ~ ., ZH THI COURT 01' CODOH lILJIAS 01' CUHBIDUdUfD C01JJl'1'Y, lIDBSYLVUZA civil Aotion - La. THB YOU BABlt , TRUST COKlIABY 1 Ho. 94 2037 civil Term 1 1 Bntered and I'iledl 1 April 21, 1994 1 1 1 Amount 1 $90,417.73 v. ROBERT W. BLVlY and KARBTA A. ILVlY, bi. .ire JUDGMENT RELEASE KNOW ALL MEN BY THESE PRESENTS, that The York Bank and Trust Company, Plaintiff in the above judgment, in consideration of One ($1.00) Dollar, hereby releases from the lien, effect and opera- tion of the above judgment: SIB BXHZBZT "A" WHICH Z8 ATTACHED H~aETO AKD ZNCORlIORATED HERIZH BY RII'ERBHCB THERBTO ZH WZTNBSS WHEREOI', the said YORK BANK AND TRUST COMPANY has caused this Indenture to be signed by its Vi~p President , attested to by it~ ~~ aAc! has caused to be affixed hereto the common and cOf'~Bt'lPt~owe~ft'~rthe said corporation this 7 day of September , 1994. & TRUST COMPANY , BY: Ronald E. Heilman, Vice President ~,""'c.m.. --- Am_nul... IJ'I ~n NUlUT 'It,n ""..""'-n.__1'401 'htM.~..". Robertson, Loan Workout vf~~ceF ,'- L._... > ;r~:.i-:~,:, ;.~:<o;>'J_}.;?l~ ;..,'.. "". . ".~.~'"," - ALL that certain tract of land situate in North Middleton Township, cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the West side of the Carlisle springs Road, which iron pin is two hundred thirteen (213) feet in a northerly direction ~rom the Northern line of the Pennsylvania Turnpike; thence North 87 degrees 25 minutes West along the Northern line of private driveway, a distance of one hundred fifty (150) feet to an iron pin along line of lands now or formerly of Carlisle Gun Club, Inc.; thence North 7 degrees 28 minutes East along same, a distance of one hundred twenty-nine and nine hundredths (129.09) feet to an iron pin at line of land now or formerly of Adams Advertising, Inc.,; thence South 79 degrees 53 minutes East along same, a distance of one hundred fifty (150) feet to an iron pin on the West side of the said carlisle Springs Road; thence by the West side of Carlisle springs Road, South 7 degrees 28 minutes West, a distance of one hundred five and forty-seven hundredths (105.47) feet to an iron pin, the place of BEGINNING. Said Carlisle Springs Road is Pennsylvania State Route 34. HAVING thereon erected a one-story building. IT BEING the same premises which Vernon C. Kruger and Ruth S. Kruger, his wife, by their deed dated the 20th day of May, 1976, and recorded in the Office of the Recorder of Deeds in and for CUmberland County, Pennsylvania, in Deed Book P-26 at page 106, granted and conveyed unto Robert W. Elvey. EXHIBIT -A- c..w.HMt.Cmu. ............... Am...., ",a.... U'lufMuUtSnn, YW..r.-"UIU '7<<11 na-..iflfJ ....U'l6 .,...-- . . ~\n1 r;":'"",,"'-""f<C, -.":if'."'...... t Writ No. 2037 Civil Term. 1994 R. Thomas Kline. Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Letter from attorney is hereto attached. Sheriff's COStSI Docketing Poundage Posting Bills Advertising Law County County Mileage Cert Mail Postpone Sale Levy Surcharge York Co. Sheriff Law Journal Patriot Poster 22.00 12.79 9.00 9.00 .50 1.00 2.80 13.28 7.00 7.00 6.00 33.84 226.10 271.00 30.93 652.24 Pd. by Atty. 9-8-94 $750.00 652.24 $ 97.76 Advance Costs Sheriff Costs Refund to Atty THIS WRIT IS RETURNED STAYED 9-8-9 Sworn nnd subscribed to before me So answer~~-<! R. The Kline, Sheriff this .\0- .f 11f"i ", L..".. , day of 1994, A.n.~.,. r:, ')jll'"{._ ,J."7i' I /Prothonotary . , by () fI I',l,:w 0 ~l' })1.v/ De ty S eriff EA '7~ ,'( oj O,/S'ljf I I,' v.u- 01) " . ., GRIEST. HIMES. GETILE, HERROLD & SWIFT A'rroRNIlYS AT LAW 129 1lAS'I' MARKI!r STRl!1!I' YORK, PBNNsYLVANIA 17401 ....URllNCB T. HlMIlS, JR. ORBOORY H. OB11l.B JOlIN C. HBRROLD SU7.ANNB H, ORlI!SJ' HARRY R. SWIPr CHRlmNA M. VIlLTRI ORBOORY I!. OB11l.B JI!PI'RIlY ^' OB11l.B DRANClI LOCATION WARRlNaroN WAYS WJlLLSVIlJJl, PA 17365 (RaPL Y TO YORK OPPlCB) RUSSIlLL P. ORlI!SJ' (1953-1919) 11!LIlPIIONB (717) 846-Al6 PAX (717) 1146-3610 PAX (717) 84J.333O September 7, 1994 Audrey Oft ice of the Sheriff CUMBERLAND COUNTY COURT HOUSE 1 Courthouse Square Carlisle, Pennsylvania 17013 IN RBa The York Bank v Robert W. Blvey an4 Kareta A. Blvey, hi. wite No. ,. 2037 civil Term Sherift'. Sale Sohe4ule4 tor '/7/'. (Sale No. .) Dear Audrey: This letter will confirm that I have authorized you to CANCBL the sale scheduled in the above referenced matter for Wednesday, September 7th, at 10:00. If there is any refund of Sheriff's costs due, please forward the same to me at your earliest convenience. If you have any questions please don't hesitate to call. Thank you for all of your cooperation and assistance in this matter. ve~. ~;-~. HIMES, JR. LTH:bls cc: John T. Robertson John W. Thompson, Jr., Esquire " 91/. ,;J037 Cdd ~ . \ .> In The Court of Common Pleas of York County, Pennsylvania YORK BANK & TRUST CO VS ROBERT W ELVEY & MARETA A ELVEY Case Number 93 NO 03283 01 Case Type Conf. of Judgement Certification of Docket Entries and Judgments I, the undersigned Prothonotary of the Court of Common Pleas of York County, Pennsylvania, do hereby certify that the following is a full, true and correct copy of the docket entries in the above captioned case. APPEARANCES D 001 ELVEY, ROBERT W 2543 PRIMROSE LN YORK PA UNREPRESENTED 17404 D 002 ELVEY, MARETA A 2543 PRIMROSE LN YORK PA UNREPRESENTED 17404 POOl YORK BANK & TRUST CO 109 W MARKET ST YORK PA HIMES. LAURENCE T JR 17401 DOCKET ENTRIES 93/11/24 COMPLAINT AND CONFESSION OF JUDGMENT ON NOTE OF MORTGAGE IN THE AMOUNT OF 590417,73 DATED AUGUST 10 1989 14.50 93/11/24 JUDGT CONFESSED PURSUANT TO WARRANT OF ATTY 0.00 93/11/24 CERTIFICATE OF RESIDENCE 0.00 93/11/24 NOTICE GIVEN RE: PA R. C. P. 236 0.00 ~ .'. . . .. DOCKET ENTRIES JUDGMENT INDEX FOR PARTY YORK BANK & TRUST CO YORK BANK & TRUST CO AGAINST PARTY ELVEY. ROBERT W ELVEY. MARETA A AMOUNT 90417.73 90417.73 PROTHY DUE: THIS RECORD: TOTAL AMT.: I2AII 93/11/24 93/11/24 5.00 10.00 39.00 ... ~ I further certify that jUdgment was entered in favor of ~~n1< ~~LU- and against 12trbu1. LA) CJ- ~ ~ t~ 011 U". _ dl.J~d,'Y (It -.:1lk1.Ltmbtl AD 19 q~ in said case in the amount of -4CJO,417. 73 IN TESTIMONY WHEREOF. I have hereunto iI.... /I' Court. on the IS day of _ l101l1;L I set my hand and affixed the seal of the AO 19 qLf ""'i. .:.:..:::. .- ""> ..... JJ()~ ILj-b-1 / Prothonotary By ~ ~ 'iYf0f^-oeputy !;:ii:~i~l~i .~'i : L .' ." ,. " './ >'" "" " 1'.;-- .1' .-,)' ....,- i:.... .'. .' r . ~', I . ',~ ApR ZI 10 ~o AH '9&1 .. - ., ~i.,,;. -OfFICE Ofl,llle PltI)THOIl':TAIIY oJ . Olllt!lERLAHD COUHTY ' . <<~~. "" .' rEllUSYL'i,lNIA ..J. '~~7V' ,j I(/.~() r~' " -H." z.' ,sa::J "P". 4Il ,AI 1'e ~ ~ ~ 4/0l1/9f Ok ~&,~59 ec#- fa&'3 , ~.. - /( .:/,' .. :.",- ":~~';~:: . .~~'~<. ~:~,~;>, --..."- . :'~~~}i~i:'~ :,?)~1~;: :::;-:::~([i,:-! ;-,7.J:",,.:,; I .,,--1;.,,- ',7$l~::'- , ....'i#;.- .,,~, '~llj ...~.,,,,;. ':.-'C'~ ;;,.~- . '. . ,-,u. " -':.{1t~l/ .~. :1; '.~; .:~ . . ';0 ~; i 'i , \ 'f , .:i" I r i 1 I ^. .jr.1 "f :\ .:. ", .,., () L :>lfc:~'? ' ,,'>-.' ~ , \ " .'. i},..-; ~ ":n , ti" ::J -. >-. h ~ .- ':')~;:':~":""'..' ,:-'~~~:-'m.~,'r;'~:?'?:':;~r~~j~1~~~:i?~' . .:..:..~:~;.~~~--'"')~;...., :'!.~ - .....,.OJN ',,~,~'~':liiq . .::~lt;~:~::~f;'.'~ '<-\-~',~r_ - ,;' f ~ en - ,. .r.:'"" :: ';' ":, 1-. - .. :: t-, ::>e: U- r- :.. 0.J = "J - -. ':.r: i t: ~ all C -' I~~i ~Cli ~ III ~ :c ~ l1J w a: Cl f:l ~ Po , . . . ',. .' ,,", .. . IN THE COURT O~ COMHON PLBAS O~ CUHBBRLAHD COUNTY, PBHlfSYLVAHIA vs I No. 94 2037 civil Tera I I I I I Confe.sion of Judqaent TBB YORK BANK AND TRUST COMPANY ROBBRT W. ELVEY and KARETA A. ELVEY, hi. vife PROOP OP SERVICE AND NOW, TO WIT, this /tttl day of , 1994, I, the undersigned, Laurence T.~es, Jr., E u re, attorney for Plaintiff, The York Bank & Trust Company, do eby' certify that I mailed or caused to be mailed on the i~~ day of ~, 1994, by regular first-class postage prepaId u.s. ~ice of Sheriff's Sale to Creditors (a copy of which is attached hereto as Exhibit "A"), as follows: The York Bank and Trust company 107 West Market Street York, Pennsylvania 17401 In addition, I hereby certify that notice on the above creditors was mailed by United States Post Office form 3817, (Certificate of Mailing), a copy of which is attached hereto and marked as Exhibit "B". GRIEST, HIMES, GETTLE, HERROLD & SWIFT ~/~ BY- - - . Laurence T. H mes, Jr., ESq~e Attorney for Plaintiff ID #19239 Sworn and before me of MA subscribed to this ~ day I;...,.H-"";"nl, 11.._..."..., "",.""",,1... 11'J.u'.....Llrs,.n' \'..,"__11._..11." h.._......"',~..'" , 1994. No:.lr:' -::.~n! BaIbam L 51''''';,., ;-!cbty PlbIc Yo;~ \l", COUtf.y My C'.cmm;SS<cn E1;):ms Juno 1, 1996 Merrbli, Puiiii~!vani.;i~ 01 N<llarieS r"'.~..;';,"": , '. ~ . IN THE COURT OF COMKON PLBAS OF CUMBBRLAHD COUH'l'Y, PmrHSYLVAHIA vs I No. 94 2037 civil Term I I I I I Confession of Judgment THE YOU BAHlt AND TRUST COMPANY ROBERT W. ELVEY and HARETA A. ELVEY, his wife NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Robert W. Elvey and Mareta A. Elvey, his wife: York Bank , Trust company 107 West Market street, York, pennsylvania 17401 You are hereby notified that on Wednesday, september 7, 1994, 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 THE YOU BAHlt , TRUST COMPANY VS ROBERT W. ELVEY and HARETA A. ELVEY, his wife, entered to No. 94 2037 civil Term, the Sheriff of Cumberland County, Pennsylvania, will expose at Public Sale in the Commissioner's Hearing Room the Cumberland county Court House, City of Carlisle, county of cumberland, Pennsylvania, the interest in real estate of Robert W. Elvey and Mareta A. E1vey, his wife, situate at 1548 Carlisle springs Road, North Middleton Township, Cumberland county, pennsylvania, (Tax Map Reference: 29-181369-005), as more particularly described in Cumberland county Deed Book P-26 at page 005. A description of said real estate is hereto attaqhed. You are further notified that a Schedule of Proposed Dis- tribution will be filed by the Sheriff of Cumberland County on September 28, 1994, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. 1......11_...1.."1'. III......'..., "..........1... . ~'I ,.. "..... "...' \... 1'-........., ,'~,. 1."........'1.......... E'/. t-! I B / r I~ ,I :1.\ ,;_...I.........m.. II............., ,........ ..I.. I~.I..' 'I..... '<.... \......_.........1'... II.'_....'I'...."V -_.~_.--.--- You are further notified that the lien you hold against said real estate may be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale. ~~--.Jl)_ Laurence T. Himes, Jr.,~quire Attorney for plaintiff, THE YORK BANK & TRUST COMPANY Dated: S{Z(qtj. ,.....,.,-""';.-"-'" :'-.~,^,,''''''''''''' <i-':'~l, YORK BANK V ROBERT W. ELVEY and MARETA A. ELVEY, his wife CUMBERLAND COUNTY CONFESSION OF JUDGMENT WRIT OF EXECUTION PREMISES: 1548 Carlisle springs Road, North Middleton Township, cumberland County, pennsylvania; Deed Book P-2S, Page 106 TAX MAP REFERENCE: 29-1813369-005 NO. 94 2037 civil Term ALL that certain tract of land situate in North Middleton Township, Cumberland County, pennsyl vania, more particularly bounded and described as follows: U_.tt-.r'..-m,. "-- ..... ""..,.".,1..... .:'t:.o""UUf~,.tft y,...r.-n"'....l'... "--_m".....'" BEGINNING at an iron pin on the West side of the Carlisle Springs Road, which iron pin is two hundred thirteen (213) feet in a northerly direction from the Northern line of the Pennsylvania Turnpike; thence North 87 degrees 25 minutes West along the Northern line of private driveway, a distance of one hundred fifty (150) feet to an iron pin along line of lands now or formerly of Carlisle Gun Club, Inc.; thence North 7 degrees 28 minutes East along same, a distance of one hundred twenty-nine and nine hundredths (129.09) feet to an iron pin at line of land now or formerly of Adams Advertising, Inc.,; thence South 79 degrees 53 minutes East along same, a distance of one hundred fifty (150) feet to an iron pin on the West side of the said Carlisle Springs Road; thence by the West side of Carlisle Springs Road, South 7 degrees 28 minutes West, a distance of one hundred five and forty-seven hundredths (105.47) feet to an iron pin, the place of BEGINNING. Said Carlisle Springs Road is Pennsylvania State Route 34. HAVING thereon erected a one-story building. IT BEING the same premises which Vernon C. Kruger and Ruth S. Kruger, his wife, by their deed dated the 20th day of May, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P-26 at page 106, granted and conveyed unto Robert W. El vey , of the MORTGAGORS HEREIN. .__.._4_...... ___ R.c.I....d F,om: MAY IE UIED FOR DOMElnc AND INIlRNATIONAl MAil. Oon NOT PROVIDE 'OR INSURANCE-POSTMA8T1R .,. lAURENCE T, HIMES JR,. ESQ. 129 East Marllet Street Yor~. Pennsvlvaniu 7 One pleC' Df D'dlnl'y m.ll .ddllu.d 10: YORK BANK & TRUST a::MPANY 107 West Market street York. Pennsylvania 17401 John T. Robertson PS Fo.m 3817. Mlr, 1999 'U.S.O.P.O.: Itn.mlnlm7 r ,~ C.XH/13 Ii "{3 II r--'-- ":2'" en - .:& .c ~Q Q ~~"~ , - .. ~-<. '5; 9, ~~ i, ~ ,. .< ~ - :-:",: =:-~ I.;. "'I ..~ , r.' o :;:'-_,,......:.. ~\.& ,. ";'1"',:'. .~ ~! -- 'i \ ' ;.-{ ~-.J ~ -....9 ~~ o r- f'-"""' (T") -:r - , ". 'to.. . ". - ~ 'U \. . -.. ~ ~ " C~~ '- its ~H ~I i~ '" Ii: ~ all ,..,. ....: 9 ~ I/) li! t;ivo ,..:. ffi ~ ~ :: , \ :.: ~ i....9 ~ g co ~ >.= \~nn ~~ -~r :l: ~ w a:: Cl - - ....... . ;; . . '. .. J". -:0 r"~'" L..___,~..~_,;." ~........ - IS TBB COURT O~ COMMON PLBA8 O~ CUMBBRLUD COUH'l'Y, PBHH8YLVANIA No. '4 2037 Civil Tera TBB YORK BAHlt MID TRU8T COMPANY . . vs . . ROBUT w. BLVBY and . KARBTA A. BLVBY, his vife . Confes.ion ot Judqaent PRABCIPB POR WRIT OP BXBCUTION (Monev JudCJlllent) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I88UB WRIT O~ BXBCUTION IN TBB ABOVB HATTBR. (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: Robert W. Blvey, Defendant, and against Mareta A. Blvey, Defendant (3) and against N/A, Garnishee; (4) and index this writ against: Robert W. Blvey, Defendant and against Mareta A. Blvey, Defendant and index this writ against: N/A, Garnishee. as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows: Execute and levy on real estate situate at 1548 Carlisle 8prings Road, North Middleton TOVDShip, cumberland county, Pennsylvania, as more particularly described in cumberland County Deed Book P-26 at page 106, (Tax Map Reterence. U-18136'-005) . 1;".1.1tR&ol,1O'"11. IlI_........, ...n...."..... 1:'1'...'4...."..11. ,..,..._"1......1'... ru'_....,"',........\o. ..~- , ~ _ounts duel principal Balance Interest to 4/12/94 10% Attorney's Fees TOTAL DUB $79,898.67 I 4,699.80 7.990.00 '92,588.47, plus costs Dated: 5/z/Qt{ ~ ---:- ) Laurence T. Himes, Jr., Attorney for Plaintiff ,) '-' '-' Esquire Execution against the above referenced real estate may proceed without following the procedure required by section 407 of "Act lI" (41 1'S 407, et. seq.), as said real estate is not considered to be "residential real propllrty", as defined in said Act and, as a result of the fact that the amounts owed are in excess of $50,000.00. In addition, as a result of the fact that the premises are not owner occupied there is no requirement to comply with the procedures required by "Act 91". As a result of the foregoing execution may proceed based on the confessed judgment issued in this matter. 1~.H-.U.m.. H....... II..... "'",w..".II... ,,,,..,,..,.u,,,..., "......_n.."'."..\I hll_"'IJlJI""'''~ ~ ""- 'i' rv .~.~ 0) - " >.. ~~ ~. ., ~ ... ~ . " . , "~.:",1'./ ....... ,,) ;:J<'" ~~ ~ ~;~ i In~! (:)~~ ~ ~~~ ~ ~ill u (:) Ii: ~ ill Q .J ~ Iii i ffi ~ ~ i ;~~~ ~ z i z CJ~~~ ui<lIlli ~ -~ :r ~ w a: CJ ~ .' . .' ..~. .;/ '. .." '. .; <- . , 'If . , .. l......".....tilnu. Ih...~.....t "'''.''1'~11... l,Ntu'lo4..ul'n," ".1..._.........1...'. '111_..../11,......"... .. ,.,,,,..,.,_,,,-,.,--'-,'i'- [;:,,:';;:;:,~~:..;=:: -. . - . IM THB COURT OF COKMOM PLBAS OF CUHBOLAND COUNTY, PBlOISYLVUIA THB YOU BAJOt JUfJ) TRUST COMPANY I No. 94 2037 Civil Tera I I I I I CODfe..ioD of JudgaeDt vs ROBOT .. BLVBY aDd HARBTA A. BLVBY, his vif. NOTICB 01' SHOII'I"S SALB 011' REAL PROPOTY PURSUANT TO PENNSYLvANIA RULB 01' CIVIL PROCBDURB NO. 3129 TAKE NOTICE: That the Sheriff's Sale of Real property (real estate) will be held on ..dD.sday, sept.mber 7, 1994, iD the commissiODer's H.ariDg Room, 2Dd I'loor, cumberlaDd COUDty Court HOus., 1 Courthouse square, carlisle, peDDsylvaDia 17013, at 10100 a.m., local prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1548 Carlisle spriDgs Road, North Middleton Township, cumberlaDd county, pennsylvania, (TaX Map Referencel 29-181369-005), as more particularly described in CumberlaDd county Deed Book P-26 at page 106. The JUDGMENT under or pursuant to which your property is being sold is docketed to No. 94 2037 civil Term in Cumberland county, pennsylvania. THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: Robert W. Blvey and Mareta A. Blvey, his vife A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this . ... " schedule will, in fact, be made unless someone objects by filinq exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland county, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013 (717) 240-6100. THI8 lIAlID IS A NOTICB OJ' THB 'lID lUID PLACB OJ' THB 8AL. OJ' YOUR lIROPDTY. It has been issued because there is a judgment aqainst you. It may cause your property to be held to be sold 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 TAKB THIS lIAPER '1'0 YOUR LAWYER AT ONCB. GO '1'0 OR TELBPHONE THE OJ'J'ICE SET PORTH BBLOW '1'0 PIND OUT WHERB YOU CAN GBT J'RBB LEGAL ADVICEI Court Administrator of Cumberland County Fourth Floor Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 THB LBGAL RIGHTS YOU KAY HAVB UBI 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritori- ous defense against the person or company that has entered jUdgment aqainst you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland county to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is deliv- ered. 3. A petition or petitions raising the legal issues or riqhts mentioned in the preceding paraqraphs must be presented to the Court of Common Pleas of Cumberland county at one of the Court's reqularly scheduled Business Court sessions. The peti- tion must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the peti- tion. If a specific return date is desired, such date must be I;"~l.fl-"'I..m.. fl'............ ".......'_11.. 1:..."......,1....11 .,..-.............."... '''._...,111.......... ........._...,'>.,...,..,. ..'~. ;,......, ""t"''''~'''''': __'_''*''''''''''~,~,,,,,,,,,,,,,,-,,,__,,,,,,,,,,,,,,,,,,__'''''''~_'''T'-''~'''~"'''~ .""' .'..-..""'......~~ ,- . . . . ... obtained from the Court Administrator's Office, CUmberland County Court House, Fourth Floor, 1 Courthouse square, carlisle, Pennsylvania 17013, before presentation of the petition to the Court. ~ :>~ rence T. Himes, Jr., ~ire Attorney for plaintiff Dated: 5/2-/14 "......H-.C..m.. H...".. .... A'_"".'U. Il'lt:u''4uUI~nll' Y,...,,_II.....I'.... 1111_....,.,1""'.."" - I., ,,~ ,.." ., '";"I..,,,~,. . YORK BANK V ROBERT W. ELVEY and HARETA A. ELVEY, hi. vit. COHBERLAND COUNTY CONFESSION OF JUDGMENT WRIT OF BXBCUTION PRBHISBS: 1548 Carlisle springs Road, North Middleton TOVDSbip, Cumberland county, Pennsylvania; D.ed Book P-2&, Page 10& TAX HAP REFERENCE: 29-1813369-005 NO. 94 2037 civil Term ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ,.......11_....1111.. II..............., ''''.__''''''6 I~'I ... '14..." ".... ....."........'...1 BEGINNING at an iron pin on the West side of the Carlisle Springs Road, which iron pin is two hundred thirteen (213) feet in a northerly direction from the Northern line of the Pennsylvania Turnpike; thence North 87 degrees 25 minutes West along the Northern line of private driveway, a distance of one hundred fifty (150) feet to an iron pin along line of lands now or formerly of carlisle Gun Club, Inc.; thence North 7 degrees 28 minutes East along same, a distance of one hundred twenty-nine and nine hundredths (129.09) feet to an iron pin at line of land now or formerly of Adams Advertising, Inc.,; thence South 79 degrees 53 minutes East along same, a distance of one hundred fifty (150) feet to an iron pin on the West side of the said Carlisle Springs Road; thence by the West side of Carlisle Springs Road, South 7 degrees 28 minutes West, a distance of one hundred five and forty-seven hundredths (105.47) feet to an iron pin, the place of BEGINNING. Said Carlisle Springs Road is Pennsylvania State Route 34. HAVING thereon erected a one-story building. IT BEING the same premises which Vernon C. Kruger and Ruth S. Kruger, his wife, by their deed dated the 20th day of May, 1976, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P-26 at page 106, granted and conveyed unto Robert W. Elvey, of the MORTGAGORS HEREIN. ,..........,., ...,..... t1~1'~;fr;:':' a--; ~ ~ .... N en -=r ~ = .-~ "".... ~~ !.,I ~ ~.~ ~:I :--~ ':.:~ :i\ ~~ ~.~: .1."" : ..~ ~ i;j:~ .~ ~.J . -.,.- ;..;.;, .....(.... ,~ h ~M U t: ~ all 9 o ..- a: ...S ffi~~~ :J:.. :i ~iii CI~Io~ uic:li~ w IPl ::E ~ :r Ii w a: CI 4 , . . .. . ~ IN TUB COURT or COHNON ~LElS or CUJlBBRLAIID cotnrry, ~BHHSYLVJUfIA No. '4 2037 Civil Tera TBI YOU Bunt UJ) TRUST COH~JUfY I I V8 I I ROBBR'r .. BLVIY all4 I IlUnA A. BLVBY, hia vUe I Confession of Judqmellt AFrIDAVI~ PURSUANT ~O ROLl 312',1 The York Bank and Trust Company, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of Execution was filed the following information concerning the real property located at 1548 Carliale sprillgs Road,. North Middletoll TOVII.hip, cumberlalld county, pellnsylvallia, aa more partioularly de.oribed ill cumberlaD4 county Deed Book ~-26 at paqe 101, (Map Referenoe 2'-18136'-005) 1. Name and address of record owner(s): Robert .. Rlvey 2543 Primrose Lane York, Pennsylvania 17404 Mareta A. Rlvey 2543 Primrose Lane York, Pennsylvania 17404 2. Name and address of Defendant(s) in the judgment: Robert .. Rlvey 2543 Primrose Lane York, Pennsylvania 17404 Mareta A. Rlvey 2543 Primrose Lane York, Pennsylvania 17404 1...",..--,1;1"11. 111_..""..1 ~t".""OlI.. 1:-11...,~,"..t'..OI. \,.."'...u."....IUlI h........tFl"......V. Name and address of every judgment creditor whose judgment is a record lien on the real property: ~he York Balik and Trust company 107 West Market street York, pennsylvania 17401 3. ., " ... 4. The name and address of last record holder of every mortgage of record: York Bank &n4 Truat company 107 West Market street York, Pennsylvania 17401. 5. Name and address of every other person who has any record lien on this property: None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None 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 made are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Dated: S}l/qLj .....-c- ~ ..) V r-:l Laurence T. Himes, Jr., Esqufre Attorney for Plaintiff .:-..........""'. ..._..ahln ",..-.."...... 11',tu''''UI,!i''"1 t'.I.~....nl',""IJ""'1 nt.......ut,_.II\f,