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Home My WebLink About95-05467 DIVERSIFIED CREDIT PROPERTIES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5467 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant PRABCIPB TO THE PROTHONOTARY I Enter JUdgment in the above captioned action in favor of the Plaintiff and against the Defendant for failure to answer the Complaint or otherwise plead to the same within twenty (20) days after service. Enter JUdgment for the principal sum of Eight Hundred Ninety-six Thousand Three Hundred sixtY-five and 98/100 ($896,365.98) DOllars, plus interest (as of August 11, 1995) in the amount of Forty-six Thousand Nine Hundred Fifty-three and 94/100 ($46,953.94) Dollars, plus attorneys fees in the amount of Forty-four Thousand Eight Hundred Eighteen and 30/100 ($44,818.30) Dollars, for a total sum of Nine Hundred Eighty- eight Thousand One Hundred Thirty-eight and 22/100 ($988,138.22) Dollars, plus interest from August 11, 1995, at the amount of One Hundred Ninety-six and 46/100 ($196.46) Dollars per day, and costs of this action. I hereby certify that notice required pursuant to Pa.R.C.P. No. 237.1, a copy of which is attached hereto, was mailed to the Defendant at least ten (10) days prior to the date of the filing of this Praecipe. LANDIS, BLACK & SCHORPP /.,7-@-9.s- ((" ~c1u.J<.-/ C;( ..JJL4ff' BYI_ ~<~ Edward L. Scho pp, q. Attorney for Plaintiff 36 South Hanover street Carlisle, PA 17013 (717) 243-3727 ,C- ~ {~t..( -fb-r~" , . 'I.' J/.''''II- Cj'r<-- DIVERSIFIED CREDIT PROPERTIES, INC., plaintif f IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I PENNSYLVANIA v. NO. 95-5467 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant . . . . DATE: Orweco, Inc., formerly known as Orweco Frocks, Inc. and Jack confino, president of said corporation. November 27, 1995 TOI IMPORTANT NOTICE YOU AnE IN DEFAULT BECAUSE YOU IIAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TilE COURT YOUH DEFENSES OR OBJECTIONS TO 'l'IIE CLAIMS SET FORTII AGAINS'l' YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOUT A nEARING AND YOU MAV LOSE YOUR PROPER'l'V Olt O'l'IIER IMPOR'fM'l' RIGIITS. YOu SHOULD TAKE TillS NOTICE 'l'O A LAWVER AT ONCE. IF YOU DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO on TELEplIONE THE FOLLOWING OFFICE TO FIND OUT WIIERE YOU CAN GET LEGAL IIELp I Cumberland County Court Administrator One courthouse square carlisle, pennsylvania 17013 Telephone: (717) 240-6200 B~~~~ Edward L. schorpp, sq. Attorneys for plaintiff Landis, lllack & schorpp 36 south lIanover stroet carlisle, pA 17013 (717) 243-3727 . DIVERSIFIED CREDIT PROPERTIES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5467 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant PRAZCIPZ FOR WRIT OF ZIZCUTIOH TO THE PROTHONOTARY I Issue writ of Execution in the above matter, (1) Directed to the Sheriff of cumberland county I (2) Against orweco, Inc., formerly known as Orweco Frocks, Inc., Defendantl and (3) Index this writ (a) Against orweco, Inc., formerly known as orweco I Frocks, Inc., Defendant..! ," t due I . '( ~l:' ,/ ,) r: ' .' $896,365.98 ,>".1';/~' ' , .' $ 68,171.-62 ....' (Plus interest from August 11, '1(,', \'1"'" " 1995, at the rate of $196.46 per day) Amount prlncipall Interest I Attorneys Feesl CostSI '/('J ',;1 a ~D $ 44, :LU-r-30 $ Execute on real estats as per attached description. LANDIS, BLACK & SCHORPP 1;( - ,-.,.s BYI~~-- Edward L. Schorpp, Esq. Attorney for plaintiff 36 south Hanover street Carlisle, PA 17013 (717) 243-3727 D8.CRIPTION or PRINIS8. ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Third Ward of the Borough of Mechanicsburg, Cumberland county, Commonwealth of Pennsylvania, bounded and described as follows, to witl BEGINNING at a concrete post or monument at land of the united states of America, used as a Naval Supply Depotl thence along the line of said land of the United states of America used a. a Naval supply Depot, South 17 degrees, 30 minutes East, four hundred nineteen and ten one-hundredths feet to an iron pinl thence along lands of the Jacob H. Koller Estate, South 76 degrees, 15 minutes West, five hundred thirty-four and six tenths feet to an iron pinl thence along the line of lands now or formerly of Frank Lauck, North 18 degrees West, four hundred nine and two tenths feet to an iron pinl thence along the line of land formerly of Francis A. Jacobs, now or formerly of Raymond White and wife, North 75 degrees, 30 minutes East, four hundred sixty- two feet to a postl thence along the line of the lands of Joseph B. Kramer, of which this was once a part, North 75 degrees East, .eventy-nine and six tenths feet, more or less, to a conorete post or monument at land of the United states of America, used as a Naval supply Depot, at the place of BEGINNING. Having thereon erected a one story brick and block business building. EXCEPTING that certain parcel sold to Penn Central Co., as set forth in Deed Book C-23, Page 795, consisting of 14.507 square feet, more or less. BEING Tract No. I which Orweco Frocks, Inc., now known as orweco, Inc., by its deed dated May 4, 1983, and recorded in the Office of the Recorder of Deeds in and for Cumberland county in Deed Book "E", Volume 30, Page 148, granted and conveyed unto Orweco Frocks, Inc., now known as orweco, Inc. SEIZED, TAKEN IN EXECUTION, AND TO BE SOLD AS PROPERTY OF ORWECO, INC., FORMERLY KNOWN AS ORWECO FROCKS, INC. DIVERSIFIED CREDIT PROPERTIES, INC.! Plaint ff v. I IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, I PENNSYLVANIA I I NO. 95-5467 CIVIL TERM I ACTION IN MORTGAGE FORECLOSURE I I I I ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant RETURN OW BIRVICI COMMONWEALTH OF PENNSYLVANIA ) I SS. COUNTY OF CUMBERLAND ) On this the 167J!. day of November, 1995, personally appeared before me, a notary public in and for said county and state, Edward L. Schorpp, who, after being duly sworn according to law did depose and state that service of the Complaint in the within matter was effected outside the Commonwealth pursuant to Pa.R.C.p. Nos. 404 and 405 as folloW81 A. Service was effected by Peter J. Moore, a competent adult, of Atlantio Process Serving, Inc., P.O. Box 569, New ROChelle, New York 10802, by his personally handing a true copy of said Complaint to Jack confino, the corporate president, at 815 Rushmore Avenue, Mamaronack, New York 10543, all pursuant to the Affidavit attached hereto as Exhibit "A", which Affidavit is made pursuant to Pa.R.C.P. No. 405(d). On information provided to the undersigned by the Pennsylvania Department of state, the registered office of the corporation is c/o 815 Rushmore Avenue, Hamaronack, New York 10543, and the said Jack Confino is designated in said records as the corporate Defendant's president. B. service was also effected by the undersigned upon the corporate Defendant by certified mail, restrioted delivery, pursuant to Pa.R.C.P. No. 403 and Pa.R.C.P. No. 404(2). There is attaohed hereto, and marked Exhibit "B", the return reoeipt indicating delivery of said certified mail on November 6, 1995, and bears the signature of Jack Confino, president, as set forth above. Pa.R.C.P. No. 424 permits service of original process upon a corporation by handing a copy to an executive officer of the corporation. LANDIS, BLACK' SCHORPP ~~ BYI ' Edward L. Sch rpp, q. Attorneys for the Plaintiff Attorney I.D. *17495 36 South Hanover street Carlisle, Pennsylvania 17013 (717) 243-3727 Sworn to aJd subscribed before me thif' LtYl day of ""::'I'uLlt!."..J.JVV , 1995 . C' -- i- flU ~o-.:J 1.( (\~--CLWJ Notary Publib ) \, Notarial 5Qal Susan K, Guyer, Nolary Publlo CArlislu Uom, CumbOlland County My Commlssian F.'plres Bupl. 4, 1999 11111 t'l, Cllll~)I__"'lllol ~V!"'I...110Il U lJ Jllil COURT OF COMMONS PLEAS OF PENNSYLVANIA COUNTY OF CUMBElllANO Attorney: LANDIS. BLACK & SCHDRPP, ESQS. DIVERSIFIED CREDIT PROPERTIES. tNC, Index No, 9&-&467 . again II. Plllntllt(l) AFFIDAVIT OF SERVICE OF: NOTICE AND COMPLAINT IN MORTGAGE fORECLOSURE OR~ECO. INC.. fORMERLY KNOWN ORWECO FR9&J;n~a~~~' STATE OF NEW YORK: COUNTY OF WESTCHESTER 88: PETE R J. MOO R E BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOT A PARTY TO THIS ACTION AND IS OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK, ThaI on 11/11/11 It 1111 hurl It III aulNlItIlVI., UlUOIICI, 1,1, 11111 deponent Hrved the within NO TI C E AND C OMP l. A I N TIN M OR 1 GA G E fOR E CLOSURE ORWECO. INC.. fORMERLY KNOWN ORWECO FROCKS. INC, thlrelnnlmld, lIIDlVlOUAL AD COIII'OIlATIOH I@ IUlTULI AOI PlIIIOII cO AmIlINO TO 000ll, lTC, o o IIAIUHQ UII WITH COlD o MlLlTA"Y ""VICI o UIIIH HYC CIVIL CT, o 11/06/9& on by delivering '111I' copy 01 ..eh 10 IIId Plraollllly; deponenl knew IhI PI""n.. ..Mld to be th. pellon d.lerlbld II NId PI""n IIlIrain, 0 IS) H.Id.nUlled Ihlrl hlmll~ I' .IlCh, .l( X x. JACK CONf INO . (dome'Uc) (foreign) corporlUon by dellv,rinG lherll' 'lru. copy of tlch 10 Plllollllly, dlpon.nl kn.w IIld eo'porallon 10 1I".d 10 b. Ih. eorpollllon de.erlbld In I.~I P'PlII Ind knew .11d lndMdualtobe MANAGING AGENl IIlareol by delivering IIlIrlll. true copy ollleh 10 I ptllOn ...uItIbIa'III Ind dilellllon, S.idpllmlll.l. r""pi.nl'. (.et",1 plica 01 bUlln...) (dwelling l>ouII) (u.ualpllot "'bode) wlItIln 1IlIIlall, 0 IS) H.ldanlnild (hlf) him..~ II 01 raclpilnt by allIlIlng llrue copy OINch 10 thl door ""id prlllli..., which II r"'/pllnr. (.et",1 pile. 01 bu.IIlIHlldwelllng 1>0_) IUlUIl p\ICI oIlbod1) within thllI.,.. Deponenl 101" ulllbl., 101"" du. dlliglnca 10 find rac/pl.nt Dr lpe""n ".ultlbll'III InddllClltlon, thlfIIl, having Clllld thlrl on tha dalll below: D.pon.nl 11.0 .nelolld . copy 01 11m. In . pOllp.id 1..I.d wr.pp.r prop.rly .ddr....d 10 the IboVI ,.elpl.nl .1 and dapotltld Hid wrlPPlr In I. poll ollie" olllel.1 d,polllory undlf .lelullv. Clrl Ind eU'lody of tha Unllld SII'.. Pollal '.,,1eI within New Yorll S"II, Dtponanl funhlr .1I'.llhll hi d.lerlbe. Ih. Plraon .etu,"y 1I".d ..10110101. WIlght Sa. Skin Color Hllr Color Ag. (Appro..) H.lght (Appro.), ~I MALE WHITE GREY 60 6'8 IBI Abo.. pellon ha. '"kld, whllhlf th.,.eipl.nl (I) WlllwIf.) In IhI millllry ""ic. 01 th. Sill. 01 N.w Yorll or 1111 Unltld SII'" Ind r",.lvld. nelllllv. r.ply. Upun Inlontlllion.nd bell.' b...d upon the con..lllllon.nd OOIl".llon I' "Ollllld deponenll..II thaI th. raclplanl (.) I. (If.) nol In IhI mlllllry .."Ic. ollila 5111. 01 N.w Yorll or IhI Unltld Sill.... thll '.nn I. dellned In tha .lIlulI. 01 thl 5111. .. N.w Vork Dr Ih. F.d.,.1 Soldie" .nd S.llor. CiVil R.liel Aet. ThlI.lth.lime ol.uch .."Ic. d.pon.nl kn.w Ih. p...on (IIID ..".d.. .'or.llld 10 be Ihlllme pe"on ('1 menllonld.nd deleribed ..thI d,'.nd.nll"ln Ihl. .elion, l:~~1~r N"J . CI lent F I Ie "21l'lfi EXlIlllt'I' ^ " 1091B6 ... , , .. r Diversified Credit Properties inc vs Orweco Inc formerly known as Orweco Frocks Inc. Writ No. 95-5467 Civil Term Jacob Baker, Deputy Sheriff who being duly sworn according to law says on January 4, 1996 at 10106 o'clock A.M., E.D.S., he posted the property of Orweco Inc. formerly known as Orweco Frocks Inc. at 300 North Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania with a copy of Real Estate Writ, Notice Poster and Description according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served Real Estate Writ, Notice Poster and Description in the following mannerl The Sheriff mailed the within named defendant, to witl Orweco Inc formerly known as Orweco Frocks Inc. formerly known as Orweco Frocks Inc.% Jack Con fino a notice of the pendency of the action by certified mail marked DELIVERY ONLY TO ADDRESS, to his last known address at 815 Rushmore Avenue, Mamaronack New York 10543. This letter was mailed under the date of January 3, 1996 and was received on February 1, 1996 with return receipt card signed by Jack Confino. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he serve Real Estate Writ, Notice Poster and Description in the following mannerl The Sheriff mailed the within named defendant, to witl Orweco Inc formerly known as Orweco Frocks Inc formerly known as Orweco Frocks Inc. % Jack Confino a notice of the pendency of the action by regular mail to his last known address at 815 rushmore Avenue, Mamaronack New York, 10543. This letter was mailed under the date of January 30, 1996 and was never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House. Carlisle, Cumberland county, Pennsylvnaia on March 6. 1996 at 10100 o'clock A.M., E.S.T., and sold the same for the sum of $401,966.58 to Attorney Richard Stewart for Mechanicsburg Storage & Transfer Its successors and assigns at 308 Cheryl Avenue, Mecbanicsburg, Pennsylvania 17055. It being highest bid and the best price received for the same Mechanicsburg Storage & Transfer Its successors and assigns being the buyer in this Execution paid Sheriff R. Thomas Kline, the sum of $416,046.74 it being bid price poundage stamps etc. Sheriff's Costs listed below. See attached distribution sheet for additional costs. Sheriff's COStSI Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Cert Mail Levy Surcharge Distribution of 30.00 5,700.00 15.00 15.00 30.00 10.00 .50 1. 00 6.16 8.B7 1 !,.OO 6.00 procuods I!i. no -~---_.~ !J r UfJ2. !J] ,1\..1 3" ~'\) I. (.11..., J l,\'L 1?.....rJj.o .~ .. Sworn and subscribed to beforc mc this 1996 So answcrs I _" __ ." .J. " ....,'.,. ~.....'r -" */ ..i'-' "1,{0 t...., 7. ,.. ....;; .... '.". .0.. R. Thomas Klinc, Sheriff day of Prothonotary by {{II te~ Q,V" hV Dep ty . SCHEDULE OF DISTRIBUTION Real Estate Sale No. 8 Date Filed. April 4, 1996 Writ No. 95-5467 Civil Term Sale Datel March 6, 1996 Amount of aid $401,966.58 Buyer. Mechanicsburg storage & Transfer, its successors and assigns Attorney for Buyer. Richard Stewart Attorney. Edward Schorpp for Plaintiff Diversified Credit Properties vs Orweco Inc. formerly known as Orweco Frocks 300 N. Chestnut Street Mechanicsburg, Pa. Real Debt Interest Atty. Comm. Writ Costs $896.365.98 46.953.94 44.818.30 72.00 $988.210.22 $416,046.74 6,632.41 5,982.79 5,982.79 104,300.67 13,203.05 1.516.07 $278.428.96 $278,428.96 Total Collected Sheriff's Costs Pa. Transfer Tax Local Transfer Tax 1990-95 Tax Claim 1995 School Water & Sewer Distribution 1. Paid to Comm. of Pa. Corpora tion Tax (Per agreement see attached Letter) 2. Paid to Atty Schorpp for Diversified Credit Properties Writ No. 95-5467 civil 1,500.00 $276.928.96 262.998.80 13,930.16 3. Refund to Atty Stewart for overpayment on transfer tax as assement was lowered due to fire. See attached letter) 13,930.16 00,000.00 $1,000.00 Refund to Atty Schorpp Advance Costs So answers I~, /..~r r~~""'~'. ,:;: ",':::..:._c' R. Thoma~ Kline, SherIff by () "~ O~A~ Rea Estate Deputy WRIT OF EXECUTION Ind/or AnACHMENT COMMONWEALTH OF PENNSVL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUllberland To sallsly Ihe debt, Interest and costs due NO, 95-5,/67 CIVIL" TER-l CIVIL ACTION. LAW COUNTY: Dlversificrl CrccUl properties, Inc. PLAINTIFF(S) lrom 0""'''0. Inc. fOrnErly knC1.\'n BB Qrweco Froclul~ Inc. c/o ,Jack Confino 815 Rushnore Avenue, MlInaronack, New York, .10543 DEFENDANT(S) (1) You are directed to levy upon the property 01 the delendant(s) and to sell Real Estate per attached description (2) You are also directed to a"ach the property 01 the defendant(s) not levied upon In the possession 01 GARNISHEE(S) as lollows: and 10 notHy the garnlshee(s) Ihal: (a) an a"achment has been Issued; (b) Ihe garnlshee(s) ISlare enjoined Irom paying any debllo or lor the account 01 the delendant(s) and Irom delivering any property 01 Ihe delendant(s) or otherwise disposing lhereol; (3) II property ollhedelendanl(s) nollevledupon an subject 10 a"achment Is lound In the possession 01 anyone other Ihan a named garnishee, you are directed to notify hlmtherlhat he/she has been added as a garnlshea and Is enjoined as above Ilated. Amount Due SB9e, . 365 . 98 PMlIreWt. fron4~~~I, 1995 A"Y'I Comm A"y Paid Plalnt"I Paid S 0.50 % L.L. Rate $196.46 per dBY th uue pro y other Costs 44,818.30 A ttomey I B Fees 1.00 72.00 Date: DecBllber 8, 1995 Lawrence E. Welker Prothonotary, Civil Olvlslon by: ~"I'_~) Jit,d,. I ' Oeputy REaUESTI~~1"ill^CK 6. flO1ORPP Name Edward I.. Rchorpp, Esq. Address: 1(. Hn"thJJanmtet:..1i~r""I' ('"rlIRl", Pa. 17013 A"orney tor: 1>1,,1"11 ff Telephone: _L1l.2.L2.4J::J727__ Supreme Court ID No. ____ _________ being sold is do~keted tOI No. !l5-5467 CIVIL 'j'lmM In Cumborland county, PA 'l'IIE NAME(S) OF 'l'IIE Ol'/NER(S) OR REPU'l'ED OWNER(S) OF TillS PROPERTY IS (ARE) I orweco, Inc., formerly known as Orweoo Frocks, Inc., c/o Jack confJno 015 Rushmore Avenue Mamaronack, New York 10543 A SCIlEDULE 01' DIS'I'RIIlU'I'ION, being a 1 ist of tho porsons and/or governmental or corporate ontitioo or agoncies 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 tho salo, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objocts by filing oxcoptions 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, Cumborland county courthouse, Ono Courthouse square, Carlisle, Pennsylvania 17013, (717) 24 0-63!10. Additional Notice to Owner (Defendant) THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has beon issued because there is a JUdgment against 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEgn1__nP'VIC~~ Cumberland county Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 Tolophone: (717) 240-6200 -2- THB LBOAL RI~HTS YOU KAY HAVB ARBI 1. You may file a potition with tho Court of Common Pleas of Cumberland County to open the JUdgment if you have a meritorious defense against the person or company that has entered Judgment against you. You may also filo a petition with the same Court if you are aware of a legal defoct in the obligation or the procedure used against you. 2. After the Sheriff's Salo, you may filo 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 delivered. 3. A potition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland county at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two (2) business days before presentation to the court, and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland county Courthouse, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. YOU KAY STILL BB ABLB TO SAVE YOUR PROPBRTY AND YOU HAVE OTHBR RIOHTS EVBN IP THE SHERIPP'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717) 243-3727. 2. You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 243-3727. 4. If the amount due from the Buyer is not paid to tho Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have full amount due is doed to the buyer. tho right to romain in the property until paid to the Sheriff and the Sheriff gives At that time, the Buyer may bring legal -3- the a DESCRIPTION OF PREKISES ALL 'l'IIA'l' CER'rAIN tract of land, together with the improvements thereon erected, situate in tho Third Ward of the Dorough of Mechanicsburg, Cumberland county, commonwealth of Pennaylvnnia, bounded and describod ao follows, to Witl BEGINNING at a concrete post or monument at land of the united states of America, used as a Naval supply Depot; thence along the line of said land of the United states of America used as a Naval supply Depot, South 17 degrees, 30 minutea East, four hundred nineteen and ten one-hundredths feet to an iron pin; thence along lands of the Jacob II. Koller Estate, South 76 degrues, 15 minutes West, five hundred thirty-four and six tenths feet to an iron pin; thence along the line of lands now or formerly of I'rank Lauck, North 18 degroeG l~eGt, four hundred nine and two tenths feet to an iron pin; thence along the line of land formerly of Francis A. JacobS, now or formerly of Raymond White and wife, North 75 degrees, 30 minutes Eaot, four hundred sixty- two feet to a postl thence along the line of the lands of Joseph D. Kramer, of which this was once a part, North 75 degrees East, seventy-nine and six tenths feet, more or less, to a concrete post or monument at land of the United states of America, used as a Naval supply Depot, at the place of BEGINNING. lIaving thereon erected a one stery brick and block busineos building. EXCEPTING that cel'tain parcel sold to Penn central Co., as set forth in Deed Book C-23, Page 795, conoisting of 14.507 square feet, more or less. BEING Tract No. I which Orweco Frocko, Inc., now known as orweco, Inc., by its deed dated May 4, 1983, and recorded in the Office of the Recorder of Deeds in and for Cumberland county in Deed Book "E", Volume 30, Page 148, granted and conveyed unto Orweco Frocks, Inc., now known as Orweco, Inc. SEIZED, TAKEN IN EXECUTION, AND TO DE SOLD AS PROPERTY OF ORWECO, INC., FORMERLY KNOWN AS ORWECO FROCKS, INC. .,1 DIVERSIFIED CREDIT PROPERTIES, INC., Plaintiff IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNDYLVANIA v. NO. 95-5467 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant A~~IDAVIT PURSUANT TO RULI 312'.1 Edward L. Schorpp, Esquire, attorney for 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 300 North Chestnut Street, Mechanicsburg, Cumberland County, Pennsylvania, as more particularly described according to Exhibit "A" attached hereto and incorpor~ted herein. 1. Name and address of owner(s) or reputed owner(s)I orweco, Inc., formerly known as Orweco Frocks, Inc., 0/0 Jack Confino, 815 Rushmore Avenue, Mamaronack, New York 10543. 2. Name and address of Defendant(s) in the JUdgmentl Orweco, Inc., formerly known as Orweco Frocks, Inc., c/o Jack Confino, 815 Rushmore Avenue, Mamaronack, New York 10543. 3. Name and address of every Judgment creditor whose JUdgment is a record lien on the real property to be soldl Internal Revenue Service, Philadelphia, Pennsylvania. 4. Name and Address of the last recorded holder of every mortgage of record I Diversified Credit Properties, Inc., (execution creditor) by assignment of mortgage executed in favor of the First Women's Bank, 315 West court, Dyersburg, Tennessee 38025, 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau, One courthouse PRom' 01<' I'UIII.ICA'J'ION 011 NOTICI~ IN CUMIIERLANI) LA W JOlIRNAL (Under Act Nil, ~K7.lIppl'llvcd MIlY IC!. 11)21)), p, L,I7K4 STATEOFPENNSYLVANIA : COUNTY OF CUMIIERI,AND : 5S. Roaer M. Morllenthol, Esquire. Editllr Ill' the Cumberlund Luw Jllul'l1ul. Ill' the Cllunty und Stute uforesuld. being duly SWllnl. IIccnrdlng llllllw.depllses IInd suys lhutthe Cumberlund Luw Joul'l1ul. u legul perilldicul published In the Borllugh Ill' Curllslc In the Cllunty und Stute uforesuld. wu.~ estubllshed Junuury 2. 11)~2. und deslgnuled by the Illcul CIlUrts us the Ilmelul legal perhxllcul for the publlcutllln Ill' ulllegul notices, und hus. since Junullry 2. 1952. been regulurly Issued weekly In the slIld Cllunty. IIndthutlhe printed nil lice \11' publlcution uuuched hereto Is exuctly the sume us wus plinted in the rcgulur editlllns und issues Ill' the suid Cumberland Luw Journullln the follllwlng dutes, vb.: JANUARY 26,1995. FEBRUARY 2.9. 191)h MOunt further depllses thut he Is lIuthllli1ed tll verify this stlltement by the Cumberland Luw Journal. a legul petindlcalllf generul clrculutlnn. undthut he is nllt interested In the subject matter of the uforesall! notice III' advertisement. undthut ull ullegutinns In the fnregolng stutemenllllllto time. place uml charucter of public uti on ure true, 72))) l--- Rllger M, Mllrgenlhul. Editor II&AL IITAR IAl& 110, . Writ No. 05.5467 Civil OI''''l'Ilnrd Credlll'rop<'rllnlllc. YO, Orwrro hll'.. forlllrrly known 8S Orwrco Frocka IIIC, ^Ily" Edwurd L, 5<hol1'l' IlESCIUIYJ10N Of I'ltEMISE:! ~l. TII^T CEflTloIN tmct ollulld, tOKelhrr with Ihr- Improvtmrnts Ihrrron rrrrtnl. 8ltuute In the TIltrd Want of lhr UorouAh of Mrrhnnh'8' hurg. Cmnhrrlnncl Cuunty. Cuml11un- ""'(11111 ofl'tl1l1sY!\'A11In, bUlltult'(lnud d('fi{'r11Jt'd a8 fulluw8, lu wit: UEOINNINU at n ('UI1l'ft"te post or mOIHIIIlI'nl al tnlld uf Ihe llnllt'tt !-itnlrs of Anu'rtrn. 1I1jt'11 n~ " Nil\'ul SUl1ply Ilt'pot; lItNIt'l' IIlnrl" tilt' lillI' uf lliIhl law I ur lilt' 111111l"ll Htatt'K or Amrrh'lI ",wd n~ II Nll\'nl SlIlJply Ill" INII, SWlth 17 elt'An','", ao I1lIlIUh's ~:II~t. luur 11lI1II1n'" IIl!Wlrl'l1ltlUltt'l1 SWORN TO AND SUBSCRIIlED before me this (II) dllY Ill' FEBRUARY .1996 l_ / ' \ ~d NOtAllio\LSfAl. I){ il i ~jF UARH[VKA, Notary NIle t;,,".IJ,Curnbtr\lIJtCOurlt PIl ..~NIOIlE..'.'..e hf of Publication of Notk.ln Th. Patriot and Th. Ev.nlnl N.ws an~.d!h~.. ~~n~,~rrp!'~~I~~!:'~~~s Commnnwtolt/t of Ptnn'/lh'nnla, } CO""'I/ of nOIl/lltln ..: ..,........,..................~"",b,I\t,JJ..,1:lR,r.h.f!,I:i............,............belnll duly ftworn accordlni to law. deposes and eays: Asst. Controller That he Is the ................,........,..of TilE PATRIOT -I'mws CO,. a corporation organized and eJllltlni und.r the law. of the Commonwealth of Pennft)'lvanla. wllh Itftprlnclpal office and place of bUlln'll It 812 to 818 Market Street. In the City of lIarrl.burll. Couutr, of Dauphin, Stat. of Pennsylvania, owner and publllher of THE PATRIOT and THE EVI-:NING Nt.\\'S and the SUNDAY PATRIOT - NEWS nl"'lpapere of ieneral circulation, printed and II\Ibll8hed at 812 to 818 Market Street, In the City, Count, and S..te aforelald: lhat TilE PATH OT aud THE EVENING NEWS and the SUNDAY PATRIOT. NEWS ",.re establl8hed March 4th. 1854. and February 15th, 1917 and September 18th, 1049L..re.pectlv.ly, and all have been continuously published ever since: l'nat the printed notice or publication which II securely at"ched hereto Is exactly as printed and Metro ~Il!st 23rd and 30th days publllhed In their rellller ,1OOlonl ana ISlues which appeared on the ........,..........,....,................................, of January and the 6th day of February 19~6. ........................................................................................................................................................................................ That n.lther h. nor laid Company II Interested In the subject matter of aald prlnt.d notice or adver- tl.I"" and that all of the alleiatlonl of this statement as to the time, pl.ce and character of publication .... tru'l and That h. hal perlOnal knowled,e of the facti aforessld and Is duly authorized and empowered to v.rlfy thl. ...t.m.nt on behalf 0 Th. Patriot-News Co, aforeftald by virtue and pureuant to a resolu- tion unanlmoully pa.1ed and adopted aeverally by the stockho de a and ~rd of directors of the said Compan, and ,ubeequ.ntly duly re.:orded In the office for the R or I1);Of i I In and for eald Count)' of Dauphin In MI....II.".ou.llnok "M", Volumrll,I'... ~17, -, . __....... In I I . """,__ . ../t~ r =' ~::. ........~~~~~'~'~'~'~~'~~~~~r;~~.........:;e' ..~' ;-..2J.7.:th.:,:',~:;.:; ! ...........t............ F:~,gI......, " '/ /; .( r2~ Lw..~='" r.'~LMm~1 '.. ~....., ;;;iCi~(.,1.(.;..;,:..:'l:,..m......' : .. _. ... ........... ...... t10,,,.b"'Q, D.' ~1~Il'.flutlI'c, NollI", PI/bile '~~......_... ":(; u....nCOUnly I ~~;J...~~;: s~ii~.iiri...l'" ..................,........ i ..~~.III,~..r ~~. .... ,. rnb 1 d'" .. ,," '''f. n"'" : ellMl;;o;........::....... ..,U ,'.'11:, ~n ..,h,(lUnhY-..,Il...t:.t......, ,~..,I<......,...s;,t:.. , ~I~'t~ lr:;.~ car.,H~,~:-;:ii':'~ATRi,~:~3EwB..CO::..D;':....,.. : E5"""::.::''::='' -:: I For publlshlni the notice or publication attached h.reto on the : II ~........... 378 00 , ........ II......,MI above stated dat.a . ...................,:........ ; -.......... _.""""'" 1 00 II......... _ ............. .... Probatlni aame ...................,:........ ........ .0.;-;;:, ._ ....... "'~.. ._ ,,,_ _,_, 379 . 00 Sa 10 No. 8 Total ............................. Publlsh.r's Rec.lpt for Adv.rtlslnl CO.II TIfE PATRIOT.NEWR co,. "ubllaher or TilE PATIlIOT end TilE EVENING N~:WS and the SUNDAY I'ATHIOT-NEWS, new~pllper8 of Ileueral c1rcullltlon. herehy acknlJwledllO receIpt of the aroresald notice and publlcntlon coata and certlftes thot the 8amo have been dul)' paid, TilE PATIlIOT.NEWS CO, Ill' .",..,.. ,....'..,........,...,.'.....,'.......,...,'........,..,........,..,......, " TAX PRACHL NOI 18-2201119-1'1.1 TITLE REPORT . Commonwealth Land Title Insurance Company , 1510 Walnut Sllttl No, Sh,r1ff Bale No.' Phlladtlphla,Ptnnlylvanlal9102 Dole March 7, Held March 8 1888 THE'PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICl! WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED, TAXES ~rodutr rnclptl rur.U ,un fur Iht \'flU T.... I.r II.. cu",,,1 'fir, 1998. 1993 10 1995 Inclulln, WATER RENT SEWER RENT POlllble i1ddlUunlll Plnamelll. (or tun fur III"" ,'lIlUlrut:llun tU fur ,") IIIllJur IIl1lHUU'l1\l'lIh IIUf.U.1l1 III prnvlllon. or Act' 01 A",mbly rel,lI"1lhmlo, comp.n~ ..Ium.. no Iiabllil)' for prln.t ,upplr or Wltln Uf "Wit R,..lpl,lo b. prud""d If ,cr.ltt. mll.nlbl., MECHANICS' AND MUNICIPAL CLAIMS ~o..lbl. unfiled Mrch,,,IO" U.n. ,nd Monl,ir.1 CI.lnll MORTGAGES Listed under other Exceptions below. JUDGMENTS Listed under Other Exceptions below. ~,,~:~~ TO Deed from Cumberland County Sheriff to dated , 1998, and recorded In Cumberland County Deed Book , Page . ,1888, RECITAL Being Tract No. 1 which Orweco Frocks, Inc., now known as Orweco, Inc., by Its deed dated May 4, 1983, and recorded In the oCClce of the Recorder of Deed. In and for Cumberland County at Carlisle, Pennsylvania, In Deed Book "E", Volume 30, Page 148, granted and conveyed to Orweco Frocks,lnc., now known as Orweco, Inc. 8. Th. IdenUly .nd 1..01 .ompol.ncr 01 porU.. .1 Ih. dOlln. 01 Ihl,IIU. ohould be ..t.blioh.d I. Ih. ..lIo1..lIon 01 Ih. dOll.. .1I0m.y ..II.. for Ihla Company, Rlahll or d.lm. of p"U..ln p....lIl.n,1I .ny, olher th.n Ih.oWlltr, Unr..ord.d ....m.nU, dlICrtponel.. or ,0nRi," In bound.ry lin.., ,hurta.. In m. .nd ,"er.oehm.nl' whl,h on ."urol. .nd ,om pie', ,u,,,y would dl't1..., formlnl of Slote .nd local Rul E,t.11 Tro..l.. T.....II required, Satisfactory evidence to be produced that proper notice was given to the holders of aU liens and encumbrances Intended to be divested by subject Sherltt Sale. Mortgage given by Orweco, Inc. (formerly known as Orweco Frocks, Inc., a successor to Q D Realty by merger)' to The First Women Bank,lIll!ast 58th Street, New York, New York, and recorded November 17,1988, In Mortgsge Book 923, Page 196, In the amount or $1,300,000.00. This mortgage assigned to Lime Pyramid, Inc., by Instrument recorded March II, 1992,In Misc. Record Book 413, Page 766. This mortgage again assigned to Diversified Credit Properties, Inc., by Instrument (Continued on the reverse hereof) ~::NA::R~ nobort M. Frey IV I NIOle TIm Tille R.porl sh.1I nol b. valid lOt binding unlll counlwlgn.d by an aUlhorlzed slgnalory OTHER EXCEPTIONS 1. 2. 3. 4. 6. Company willlllue III currelll A,LTA, Policy ..I Till. Insura"ce Willi respect 10 the premhes endorsed hereon, upon IClllernCnllJllhc II.rll' aCllon, lecordallon of the Instrumenu Ind compliance wllh ali ..I Ih, requlremenlllll fouh herein, In conformity wllh this Title R.purt. h2 tM'" 2IUIR" 1,761 Sheriff Bal8' No.8 Held March 8, 18118 Other Exceptions (Cont'd) recorded In Misc. Record 1I00k 603, I'age 1058. Complaint In Mortgage Foreclosure rued October 12, 1995, to No. 1995-06487 pursuant to whloh a Writ of Execution was IlI!lued and subject Sheriff Sale held, by Diversified Credit Properties, Inc., against Orweco, Inc. Default Judgment wss entered December 8, 1995, In the amount of $896,365.98, and Writ of Ilxecutlon rued on December 8, 1995. Notice of sale of real estate was rued December 8, 1996, and return of service rued January 9, 1998. It should be noted that there Is II question as to the correct address of subject premises. Some documents give the address as 300 North Chestnut Street while the assessment records give the address as Cheryl Avenue. 7. Federal Tax Lien rued to No. 6355 FDL 1992 In the amount of $13,950.00 by Internal Revenue Service against Orweco, Inc., rued on April 16, 1992. 8. Notice of proposed Order pertaining to Chapter 7 Bankruptcy WIIS rued on Mar,9h II, 1992,In Misc. Record Book 413, Page 741. 9. Order amending Order authorizing Trustees to abandon real property was rued on March II, 1992 In Misc. Record Book 413, Page 747. 10. Real estate taxes returned delinquent to the Cumberland County Tax Claim Burenu. II. Real estste taxes accruing on and after January I, 1996. W JOURNAL CUMBERLAND IIUL IftAft ULI; NO, a erft'trd a Olle Itory bt1clc and blocll bUlln_ hulldUlil. EXCf.M1NO thaI crrwn I IOld 10 ''''un C"lIlral Co.. .1 ~ In DffiI.1<>ok C.2:! ........ 0 I 1111lnI 01.. 1107 ,...e, ..5, COil' Ie.., '1CI118ft leet, nnn or BEINO Tract No, . whlch Cltwrro "rocka, Ine" IIOW MOWII alOrwl'('O Ine" by Ita derd cIalrd tolay. 1083' &lid ",",",ed In the 00.... 01 ihe IV: corder oIlltedlln and lor Cwnbrr. '"lld COWlty In DffiIIIook 'E' Vol urn. 30. ..... '48,l/I1UIttd &Ill con' vcyrd Wlto Otwfto F'rocb.Inc . 1ut0Wll U Otwfto, Ine, " now SEIZED, TAkEN IN EXECl1I10N ANI) 1U BE IIOID AS I'ROI'KM1Y 0;- ~WECO. INC.. FORMERLV OWNASORWEcofROCK8.INC, Will No, 05.1\467 CIVlI Otvrnllltd CrrdtlProllrru.. IlIe, VI, Orwco Ine.. lormerly knOWll n. 0nrIea; I"rocka Ine, Ally,l Edward.. I/chlllpp DIlICRIP/1OH or I'IIEMJSES ALL 11fAT CERTAIN tract oIland telher Wllh Ih. lmprov.menl~ ~ trtCltd. .lIuatt In th. ThIrd ..u oIth.1Iarouch 01 MtchanIca. ~..CUmbrrlaIIlI County, Common. UI oIl\mllYlvanla, boundtd8lld I8Cl1btd .. rou-. to WlI: IIEOINN/NQ .1 . ooncret. ....1 or 10numtlll .1 '&IId 01 thl Untied "Ita 01 Amtnaa. uled .. . Naval ~ o.,.otllhen.. ...... th. IIn. , I8ld land oIth. Unlttd lllal.. 01 men.. Uled .. . Naval SUpply De, DI, IIouth 17 d'llft., 30 mlnUI ..., /our hundred ntntt_ &lid 11: ~f.hundredlhl leet 10 Miron pin' IfnOf alOllll1and1 oIth. Jacob H' olltr !alat., South 78 d..,.. IIi IInUI.. Wrll, nv. hWldnd thirty. IIU' and IIll I.nllll lrello Mlrou pin' Ie".... alOI1ll the Iln. 01 landl IIOW 0; "mtrly or ..rank :'-uck, NOl1h 18 flIr,," Wtal, rour hund,,'d 11111. alld wo t"llhl fttl 10 oulron flLlIl Ihrllce 1011' lh. UIIO or I....d 'ormerly or renctl A. Jlcoba, now or rorllll'rty 01 aYIIlond While and WIre, Nnl1h 711 flrtc"lI. 30 mlnulrI t:all. f01l1 hun. rrd IIIIY'lwo rftllo a ....1; Ihfllre 10llR U.. IIl1e nl U.. land. or J_l'h l. Ilramer, 01 which WI _ 011... . Alt. Nonh 711 d.... EuI. _Iy. In. and IIIlf11th...... more or I... I . concrrte ..... or monUlIl8nl .i lnd III the Unlltd lllal" 01 Amenrl -.I ... Naval SUpply no.... . .ceolDEO'.....N _,_I, .'11,. um. 0, .laVlllll U,eo "" .) . . . , SALE NO. 8 11.000..00 Advance Coata Pd. Atty.. Edward L. Schorpp A.....ed Valuation 94,510.00 WRIT NO. 95-5467 CivilTerm, 199 Diversified Credit properties Inc. REAL DEBT INTEREST ATTY'S COMM. WRIT COSTS, ATTY. WRIT COSTS, PLIFF ESCROW LATE CHARGES va Orweco Inc. formerly known as Orweco Frocks Inc. 300 North Chestnut st. Mechanicaburg, Pa. 17055 896,365.98 46,953.94 44,818.30 72 .00 SHBRIFF'S COSTS. DOCKETING POUNDAGE POSTING BILLS ADVERTISING ACKNOWLEDGING DEED AUCTIONEER LAW LIBRARY COUNTY MILEAGE MONEY MADE WRIT CERT MAIL POSTPONE SALE LEVY SURCHARGE Diatributionnof ,roceeds 30.00 5,700.00 15.00 15.00 30.00 10.00 .50 1.00 6.16 8.87 15.00 6.00 25.00 Legll1 Search 150.00 ADVBRTISING LAW JOURNAL PATRIOT SIlARE OF BILLS DEEDS 196.25 379.00 30.63 Sheriff'a Peed 14.00 "aderal RtnmpB Pe. Realty TranBfer TWp Realty Trnnafer 5,982.79 5,982.79 TAXES 1995 School Water and Sewer 1990-1995 Tax Tax Claim commonwealth of pennsylvania $~8,704.00 13,203.05 1 . 'i I (,.07 104.300.67 (Corporation Tax) , . DIVERSIFIED CREDIT PROPERTIES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- CIVIL TERM ACTION IN MORTGAGE FORECLOSURE v ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant COMPLAINT IN MORTOlO. rORBCLOBUR. AND, NOW COMES the Plaintiff, Diversified Credit Properties, Ino., by and through its attorneys, Landis, Black' Schorpp, and sets forth its complaint based upon the followingl 1. Plaintiff is Diversified Credit Properties, Inc., a corporation organized and existing under the laws of the State of Tennessee, with prinoipal offices at 315 West Court Dyersburg, Tennessee 38025. 2. The Defendant is Orweco, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with former offices at 300 North Chestnut Street, Mechaniosburg, Pennsylvania 17055, and which now has a registered office c/o of Jaok confino, 815 Rushmore Avenue, Mamaronack, New York 10543. 3. The Defendant was formerly known as Orweco Frocks, Ino. WhiCh, by Artioles of Amendment duly filed in the Department of State of the Commonwealth of Pennsylvania on December 16, 1986, changed its name to orweco, Inc. 4. The president of the corporate Defendant is Jack Confino, an adult individual who resides at 815 Rushmore Avenue, Mamaronack, New York 10543. 5. On November 16, 1988, Defendant orweco, Inc., formerly known as Orweco Frocks, Ino., executed a mortgage to the First Women's Bank in a principal amount of $1,300,000.00, which mortgage was duly recorded on November 17, 1988, in the Office of the Recorder of Deeds in and for Cumberland county in Mortgage Book 923, Page 195. 6. The mortgage above described was subsequently assigned by Firat New York Bank for Business, formerly known as The First Womens Bank, to Lime Pyramid, Inc. by assignment recorded March 11, 1992, in Cumberland County Miscellaneous Book 413, Page 755/ thereafter, Lime Pyramid, Ino. assigned said mortgage to Diversified credit Properties, Inc., Plaintiff herein, by aa.ignment recorded September 12, 1995, in cumberland county Miscellaneous Book 503, Page 1058. 7. The land subject to the mortgage which is the subject of this aotion is desoribed as Parcel I. of Schedule A of said mortgage, and is more particularly described pursuant to Exhibit "A" ftttached hereto, and incorporated herein by reference. 8. Defendant is the present real owner of the property by virtue of a stipUlation and order regarding abandonment of property as more particularly desoribed in said stipulation, a true copy of which is attached hereto as Exhibit liB" and incorporated herein by reference. 9. Defendant has defaulted in the payment of principal and interest due under said mortgage, and has been in default for ! . VERIFICATION I verify that the answers and statements contained herein are true and correot. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 14904, relating to unsworn falsification to authorities. Dated: ~ a:JoI-- /f/q ( bL /J,,,- . Dennis ~slinl President Diversified Credit Properties, Inc. , . ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Third Ward of the Borough of Mechanicsburg, Cumberland County, commonwealth of Pennsylvania, bounded and described as follows, to witl BEGINNING at a concrete post or monument at land of the united Stat~s of America, used as a Naval Supply Depot, thence along the line of said land of the United states of America used as a Naval supply Depot, South 17 degrees, 30 minutes East, four hundred nineteen and ten one-hundredths feet to an iron pin, thence along lands of the Jacob H. Koller Estate, South 76 degrees, 15 minutes West, five hundred thirty-four and six tenths feet to an iron pin, thence along the line of lands now or formerly of Frank Lauck, North 18 degrees West, four hundred nine and two tenths feet to an iron pinl thence along the line of land formerly of Francis A. JacobS, now or formerly of Raymond White and wife, North 75 degrees, 30 minutes East, four hundred sixty- two feet to a postl thence along the line of the lands of Joseph B. Kramer, of which this was once a part, North 75 degrees East, seventy-nine and six tenths feet, more or less, to a concrete post or monument at land of the United states of America, used as a Naval supply Depot, at the place of BEGINNING. Having thereon erected a one story brick and block business building. EXCEPTING that certain parcel sold to Penn Central Co., as set forth in Deed Book C-23, Page 795, consisting of 14.507 square feet, more or less. BEING Tract No. I which orweco Frocks, Inc., now known as orweco, Inc., by its deed dated May 4, 1983, and recorded in the Office of the Recorder of Deeds in and for Cumberland county in Deed Book "E", Volume 30, Page 148, granted and conveyed unto Orweoo Frocks, Inc., now known as orweco, Inc. IXKIIIT A ,,,II, OI.....r., ScblulDlII Sllv.raIl1 A Hc.lflIIlI )00 OarcI.a CUy PlIU, Suit. 516 OItd.a City, N.w York Ilno (5'6) 7~.1OOO I:'M.... p, SlIml1llD, I!Iq, (1('5'2126) SalnlDrelllMoalc., Eaq, (5LnI41) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRJCT OF NEW YORK AT BOWLING GREEN ...................................................x In re: Chapter 7 Case No, 9OB.10723 (TLB) ORWECO, INC. Deblor, ...................__..............................x STIPULATION AND ORalER B\ AND BETWEEN TIlE TRUSTEE AND DIVERSIFIED CREDIT PROPERTIES INC. REGARDING ABANDONMENT OF PROPERTY IN MECIIANICSBURG, PENNSYLVANIA AND ~ONSENTING TO REt-IEF FROM THE AUTOMATIC STAY WlIEREAS, on March 8, 1990 (the "Filing Date"), the Deblor flied . volunrary petition ror reorlanlutloll pursuant to Chapter II or Tittle II or Ihe United Srates Code (the "BankJUptcy Code") with the United Stales Bankruptcy Court ror the Southern Dlstricl or t-lew York at Bowling Green (the "( 'cn") "nd WHEREAS. the Debtor remained in possession or its property and manalemenl or Its .ffairsln accordance with 11107 and 1108 or the Bankruplcy Code until September 4, 1990; and WHEREAS, on September 4, 1990, this Court entered an Order convertlnl this case to . proceedlnl under Chapter 7 or the Bankruptcy Code; and IIHIBIT B WHEREAS, by norlce of appoinlment dated September 6, 1990, J04' K. nottesman, Esq. (.Goltesman.) was appointed Interim Chapter 7 Trustee; and WHEREAS, lhereafler, GO\lesma,: resigned her position as Truslee, effecUve as of December 31, 1991: r.nd WlIERF.AS, by notice of appolnlment daled February 13, 1992, Kenneth P. Silverman, Esq, was appointed as !he succe~sor Trustee, pursuant to 11 V.S.C. '703(b), and II now !he permanent Chapter 7 Trustee of the Debtor's estate (the .Trustee.); and WHEREAS, by Order of the Court dated November S, 1992, Jaspan, Ginsberl, Schlealnaer, Silverman & Hoffman were retained as a\lomeys to the Trustee, effecUve as of February 13, 1992: and WIIEREAS, on the Filing Date, !he Debtor was the fee owner of several parcell of real property (!he .Propertles.), including thai certain property located in Mechanlcsburl, Pennlylvania (!he .Mechanlcsburl Property.); and WHEREAS, on May 6, 1991, Gottesman, on behalf of the estate, flied with !hll Court a notice of Intention 10 abandon certain real property belonllng to !he Debtor's estate, Includlnl!he Properties: and WHEREAS, pursuant to !he notice of abandonment, all of !he rcmainlnl Properties of the eatate were to be abandoned to the Flrsl New York Bank for Business (.FNYBB.) as monaaaee; and WHEREAS, FNYBB held a properly perfected fiul mortlaae lien alalnsl all of Ihe Propertlea, Includln.!he Mechanlcsburg Property: and 2 WlIEREAS, Dlvl'Ulfied Credit Prcpertles, Inc" ("Diversified.), as ~ucceSSlJI In interest \0 Ihe Federal Deposillnsurance Corp, (.FDIC.), the receiver of FNYBB, Is currently Ihe holder of Ihe mortgage agl!:~'t the Mechanlcsburg Property (the .Mortgage.): and WlI EREAS , notwilhstanding the lerms of the notice of abandonmenl, by application dared May 29, 1991, Gol~man, atlhe request of FNYBB, soughlthe entry for an order lulhorizln.lhe abandon men I of the Properties to FNYBD and further providing Ihat Gottesman, as TruslCe, to provide FNYDB a deed in lieu of foreclosl1re with respeclto the Debtor's Properties Including, the Mechanicsburg Propertv: qnd WlIEREAS, as a result thereof, this Court entered an order (the "June 20th Order"), I copy of which Is annexed as ElIhlbit . A", where, In pertinent part, this Court directed the TruslCe (Gollesman) to abandon the Properties to FNYBB and give FNYBB a deed In lieu of foreclosurej and WHEREAS, all of Ihe Real Properties, other than Ihe Mechanicsburg Property, have previously been disposed of by GOllesman; and WlIEREAS. by Motion oated In: . -y 27, 1992 (the "FNYBB Motion"). at a point during the proceeding wherein Uollesman had already resigned but prior to the appointment of I successor tnIslCe, FNYBB sought and obtained the entry of an order amending the June 20th order and aulhorizingthe Trustee or any successor Trustee to: (I) abando~. Ihe propertlcs; and (II) upon Ihe request of FNYBB, provide FNYBB or Irs nominee, a deed In lieu of foreclosure wllh respecl to the Property, Including the Mechanlcsburg Property: and 3 WH~RE'\S, It the time of FNYBD Motion, the Trustee had nol )":1 been Ipp.inted u SUCUISO~ Trustee and therefore had nol been served with a copy of the FNYBB Molion; and WlIEREAS, by Order daled February 10, 1992 (the "February 10th Order"), I COP)' of which Is annexed as Exhibit "B", this Court granled Ihe relief requesled in the FNYBB Motion, which provided, among other things, that Goltesman, or the successor Truslee, was directed, upon request by FNYBB, to give FNYBB, or Its nominee, I deed In lieu of foreclosure In I'Cspcctto any or all of the Properties, Including the Mechanlcsburg Property; IIlld WHEREAS, the oUlstandlng amounts due and owing Diversified, pursuanlto Ihe Mortlaae, far exceed the current fair market value of the Mechanic~burg Property; and WlIEREAS, Diversified has requested the Trustee 10 exeeute a Trustee's deed conveyln, title to the Property to Diversified, and/or to execute I deed In \leu of foreclosure; and WHER~AS, notwithstanding the February 10th Order, Ihe Trustee has raised certain concerrr regarding thr (1e\l~~ry of such. I ~d to nlversified ","I~" Issupf Include l:i~ poleIItial of environmental or tax liabUlty to the Trustee, and estate, as I resull of such I transferj and WHEREAS, the Trustee and Diversified, In order to avoid th~ unn~~ss"-y expense, delay, \ltilltlon and cost, allendant thereto, have agreed to resolve all outstandlnB issues and expedite Ihe resolution of this mailer upon the followinB terms and conditions; and, 4 NOW, TIIEREFORE, upon the terms and conditions sel forth hrl~w, H is hereby Stipulated and Aareed to by the parties as follows: \. The Trustee hereby .lbandor' all righI, tllle and interest in and to the Mechanlcsbura Property, 2. Diversified is hereby granted relief trom the al.lomatic sUlY 10 pursue any and all remedlel, pursuant to the Mortgage, Including, but nOllimlted 10, conducting a toreclosure sale of the Property. :t The parties hereto consent to the entry of th;s Stipulation as an Order In this proceedlnJ. 4. The terms of the !'tlpulatlon are subject to the approval of the Bankruplcy Court. In the event the Banknlptcy Court does not approve the Stipulation In Itl entirety, nothlna contained herein shall be deemed an admlssicn or waiver of rights by any part)' and the Stipulation shall be deemed null and void and of no further force and effect, 5. The Bankruptcy Court shall retaln exclusive jurisdiction over the terml and condltlonl of thll Stipulation. 6. No further notice (,r rdcr 0" the .:, ," l~ ,p,uired I" implpment th", Cc.._,'lL.:: contained herein, s ~ . . " I I. '\.,..1.. :;' ~ , ...... '\ ""'/~' ~'1 .J. 'I .J. ~,.. f"i,"-O: "'I....,"ft', " !, ..~~, C'~ , 'iiilrJii'i'td~~',-:',' _.~~!'~ .., ......... ;iO.... t ,-~ ( . .. . .. .. , . . :0. ... . I I " "~j, t 'Q;:'.:,,\~ . .':' . ,liE:. ",t.~. '.; 11 .~;..... . . t' 1:.!'." ", '-~/\ ~. ..' ;..; ~-" .~. ;.: ,-,. . '.\' New.York~ New,Vprk June 'lA, . 1991 . ~." : ,~,'" . ", .' , ... . " . " " , _,t: ;:! ~'i. I ": , .. , ,I , , " l t, , , , . ,." ; , " ...... . , '" '_:r" Ii!, ",'., ,'. ., ... '.' " . . . ,', " -2- " , I ,,' . I'~.i , \~ --- UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK Lf.1 _ _ _ _ _ _ _ _ _ _ _ _ _ - - - X In re ORWECO, INc., Debtor. - - - - - - _ _ _ _ _ _ _ - - - x f~~ \ e\~~ ./,. C'CtOU1\ 5 Ilh\ltS~'~l~ ,~.'" \l~ti\l\S' ORDER AKENDIHG ORDER AUTBORIIIMG TRUSTEE TO ABANDON REAL PROPERTY Upon the motion of First New York Bank for Business ("FNYBB"), the secured creditor of the above-captioned debtor, dated January 27, 1992, for an ~rder amendin; this court's order dated June 20, 1991, authorizing the Trustee to abandon certain real property of the Debtor located in Hechanicsburg, pennsylvania, Shippensburq, pennsylvania and Harrisburg, pennsylvania and more particularly described in Exhibit "1" attached hereto (collectivelY, the "properties"); and no objections to the relief requested in the motion having been 1 iled or received, and no aC:vA: e interest havin; beell represented; and after due deliberation and sufficient cause appearing therefor, it 1. ORDERED, that this court'. order dated June 20, 19_1, authorizinq the Trustee to abandon certain raal property of the debtor, be, and the sa.e hereby is, reaffirmed and ratified, a. amended hereby; ftnd it i. further ORDERED, that the Truetee jr the euccessOr Trustee ointed or elected herein i. hereby authorized to abandon, c; , ant to section 554 of tha Bankruptcy code, each of the , .' de.cribed In EKhiblt "1" anneKed heretol and It I. ORDERED, that the Trustee or the successor Trustee appointed or elected herein is nareby authorized and directed, upon request by FNYBB, to 9ive f/lYBB or ita nominee a deed in lieu of foreclolure In re.pect of any or all of th~ Propertle.. " Datedl New Vorl:, He\,' York February 10, 111112 J1. - I h"I~' ,Uttt ,n" r,'tif. oft th,llnIIOlI~'l .;.,:,- ,/': ClIp! oflhlt' ,': ' r 1t"I M'O/V, elm "I louth"" tlk'/llICllIll~IO Ii "0'/ -2- CaM No, 901.1012) (TLB) 'Ia /WI Year 1995 ORWECO, INC" Debtor, - STIPULATION AND ORDER BY AND BETWEEN TilE TRUSTEE AND DIVERSIf1ED CREDIT PROPERTIES. INC. REGARDING ABANDONMENT OF PROPERTY IN MECIIANICSDURG. PENNSYLVANIA AND CONSENTING TO RELIEF FROM TilE AtrrOMATIC STAV JASPAN, GINSBERG. SCHLESINGER. SILVEltMAN & HOFFMAN AI/orMYI/or 300 aarden City Piau aarden City, New York 11530.3324 (516) 746.8000 71,: AlIOrM)'(I) lor s.rvIl'f of G ropy o/Ih, Wllhlll " h,r,by tJdmll/td, DGIItl: .................................................................................. A/loml')'(l) for PLEASE TAKE NOTICE Nolice or Entry Ihat Ih, 10'1,11I1111 a (rr"f/I,d) ,/'u, ropy of" ,",,,td IlIlh, offlrr o/,h, rlrrk of,h, ...1,',111 ,lntl/"I Cvurl VII 19_ Nollce or Selllement Ihat all Ordrr 0/ which ,h, lI'i,hlll II a Iru, ropy 1\'11/ b, prfwlltd fvr sr/ll,,,,,m 10 ,h, 1I0l/ombl, . 0'1' of ,h, juds" o/Ih, wi,hlll 1I0m,d CVU". at on 19_,01 m, Dattd: JASPAN. GINSBERG, SCIILESINGER. SILVERMAN & HOFFMAN A/lOIIII')'I/vr 300 aarden Cily Piau aarde? Cily, New York 11S10.3324 ,," ,:~ ~"J ~,:; (516) 746.8000 To: r . , , 0'; ,~ , I A/loml')'(I) /vr ; , " . ,I.. ,l;'~'"'' I "JIll." ," DIVERSIFIED CREDIT PROPERTIES, INC.! Plaintiff IN THE COURT OF coMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. I I I I I I I I I I NO. 95-5467 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCRS, INC., Defendant ..TU" or ...VIC. PUR8UAMT TO Pa. ..C.P. 3111.. "TH UD 110., this ;;;9V'day of January, 1996, I, Edward L. Sohorpp, Esquire, attorney for Diversified credit Properties, Ino., hereby declare and state that I have mailed notioe of Sheriff's sale of real property in captioned matter, a oopy of which is attached hereto as Exhibit "A", to the following in the manner indicated I By certified mail, return reoeipt requested, a oopy of whioh is attached hereto as Exhibit "B" as follows I orweoo, Inc. c/o Jack confino 815 Rushmore Avenue Mamaronack, NY 10543 By regular mail as evidenced by Forms 3817 attaohed hereto as Exhibit "C" as follows I Internal Revenue service P.O. Box 12051 ATTNI Chief, speoial Procedures Seotion Philadelphia, PA 19105 Cumberland County Tax Claim Bureau One Courthouse square carlisle, PA 17013 DIVERSIFIED CREDIT PROPERTIES, INC., Plaintiff IN TilE COURT OF COMMON PLEAS CUMUERLlIND COUNTY, PENNSYLVANIA v. NO. 95-5467 CIVIL TERM AC'l'ION IN MOR'faME FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO ~NSYLVANIA RULE OF CIVIL PROCEDURE 3129 TOl Orweco, Inc. formerly known as, Orweco Frocks, Inc. cia Jack Confino 815 Rushmore Avenue Hamaronllck, New York 10543 All other Lienholders and parties of interest TAKE NOTICE I That the Sheriff's Sale of Real property (Real Estate) will be held on March 6, 1996, in the commissioner'S lIearing Room, 2nd Floor, Cumberland county Courthouse, One Courthouse square, Carlisle, Pennsylvania, at 10100 A.M., prevailing local time. TilE PROPERTY TO DE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a garment factory building and any other major improvements erectod on the land. (SEE DESCRIP'l'ION A'l'TACIIED). TIlE LOCA'I'ION of the property to be sold is I JOO North Chestnut Gtreet Mechanicsburg, cumberland county Pennsylvania 17055 TilE JUDGMEN'l' under or pursuant to which the property is IXHIBIT A being Bold is ~ocketod tOI No. 95-5467 CIVIL T~~M In Cumberland County, Ph TilE NI\ME(S) 01' TilE OWNER(S) OR mWU'l'ED OWNElt(S) 01' 'rillS PROPER'''' IS (I\~E) 1 Orwoco, Inc., formorly known 00 orwoco Frocks, Inc., c/o Jack confino 315 Rushmore I\vonUo Mamaronack, Now York 10543 1\ SClllmUI.~ 01' l>IfJ'I'~IIlU'I'ION, boinCJ 0 liut oC tho poroons and/or cjoVornlllontol or corporato ontitiotl OL' aCJenciou being entitled to recoivo part of tho procoodo oC tho oalo rocoived and to bo dioburuod by tho ShoriCC (for exomplo, to bonko thot hold mortfJofjOU IIml lIIunlclpalltlou thot ,\L"U owml tnxon) will wo filod by tho ShoriCf within thirty (30) dayo aCtor tho oalo, and distribution oC tho procoeds oC slllo in occordanco with this scho~ulo will, in fnct, bo mado unlooo uOllleono ohjocto by filing oxcoptiono to it within ton (10) dayo of tho date it io Cl1e~. Information about tho schodule of Diotribution moy be obtained from tho ShorifC oC tho court of common Ploon oC cumborland county, CUlllborlan~ County courthouso, Ono courthouoo SquaL'o, Car11010, Ponnoylvania 17013, (717) 240-6390, Additional Notice to Owner IDefendant) ~'IllJ!J.l'1l'jJ-R_l!Ll\-HOTICE OF TilE TIME l\ND ~MILQLTJIE Dl\LE OF YOUR PROPERTY. 1 t hao boon iuouod hocauoo thore io 0 ,Judgmont against you. It moy cauoo your proporty to bo hold, to be Gold or taken to poy tho Judgmont. You may havo leCJnl r iCjhto to prevent your property Cram boing tokon. 1\ lawyor con advioo you moro spocificollY of theGe ricjhts. If you Willh to oxorciso your righto, you nmot oct promptly. YOU llJloULD Tl\KE TIIIIl Pl\PEIt TO YQ.1!lLMH.X.!tll l\T ONCE. GO TO OR TELEPIIONE TilE OFFICE BET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET FI\IlFJJ,llmHdll1U9-tll cumberland county court I\dllliniutrator one courthouso squaro carliolo, ponnoylvnnio 17013 'l'olophonol (717) 240-6200 -2- THE LEO~L RIGIITS YOU Kl\Y H~VE AREI 1. You may C l10 a potition with tho Court of Common 1>loas of cumberland county to opon tho JUdgmont if you havo a meritorious dofonoo against tho porson or company that has ontorod Ju~gmont agoinot you. You moy 0100 Cilo a potition with the same Court if you aro awaro of a lcgal dofect in tho obligation or thc procedurc used against you. 2. I\ftor tho SheriCf's SolO, you may filo 0 pctition with the court of Common PIcas of Cumbcrland county to sot asidc tho salc for a grossly inadequato price or for othor proper cause. This petition must bo filed before the Sheriff's Deed is delivered. J. A potition or potitions raising the logal issues or rights mentiono~ in the precoding paragraphs must bo prosented to the Court of Common Pleas of Cumborland County at one of the court's regularly scheduled Dusiness Court soosions. Tho petition must be served on the attorney Cor tho creditor or on the creditor at least two (2) business days boforo prosontation to the court, llnd a propoood ardor or rulo must bo attached to the potition. If a spocific roturn ~oto is dosirod, ouch dato must bo obtained from the court Administrator's orrico, Cumberland county courthouoo, carlislo, Pennsylvania 1701J, be foro prooontation of tho potltion to tho court. YOU ~Y BTILL BE ABLE TO 8~VE YOUR PROPERTY ~ND YOU H~VB OTHBR RIGHTS EVEN IF THE SHERIFF'S B~LB DOES T~KE PL~CB. 1. If tho Shoriff's Salo is not stoppod, your property will be sold to the highost biddor. You may find out the prico bid by calling (717) 24J-J727. 2. You may be able to petition the Court to sot aside the sale if the bid pricc was grossly inadequate compared to the value of your property. J. The sole will go through only if the buyer pays the Sheriff tho full amount duo in the solo. To find out if this has happened, you may call (717) 24J-J727. 4. If the amount dUe from the nuyor is not paid to tho SherifC, you will remain the ownor oC tho property ao iC tho sale nevor hllppono~. full deed 5. You hnvo amount due io to tho buyer. the right to romain in tho property until paid to tho Sheriff and tho Shoriff givos At that timo, tho Duyer may bring logal -J- tho a procoedings to ovict you. 6. You may bo entitled to a sharo of tho monoy which was paid for tho proporty. A schedulo ot distribution of tho monoy bid for tho property will bo filed by the Shoriff within thirty (JO) days of tho sale dato. This schodulo will stato who will be receiving that money. Tho money will bo paid out in accordance with this schedule unless exceptions (roasons why the proposod distribution is wrong) are filod with the Shoriff within ten (10) days aftor the filing of the schedulo. 7. getting sale. YoU may also have othor rights and dofenses, or ways of your property back, if you act immediatoly after the n. TIIOMAB KLINE, SIIERIFF -4- " DESCRIPTION OF PREHIBE6 ALL 'rllA'l' CERTI\IN tract of land, togothor with tho improvomonts thoroon orectod, situato in tho Third Word of tho norough oC Mochonicllburg, cumborlnnd county, commonwoalth oC Pennsylvania, bounded and doncribod as follows, to wit: nEGINNING at a concreto poot or monumont at lan~ of tho Unitod states of Amorica, use~ as a Nnval DUpply Depot; thonce along tho lino of said land of tho Unito~ Gtatos oC I\merica usod as a Naval supplY Dopot, South 17 dogroeo, JO minutes East, four hundrod ninetoon and ten ono-hundredtho foot to an iron pin; thence along lands of tho Jacob II. Kollor Eotate, Gouth 76 dogroos, 15 minutos Woot, f ivo hundred thlL"ty-four and six tonths Coot to on iron pin; thonco along tho I lno of lllndn now or formerly of l'rank l,ouck, North 10 dogroon \~oDt, Cour hundrod nino and two tonths foot to an iron pin; thenco along the lino of land formorly of Francis 1\. Jacobs, now or formorly of Raymond White and wifo, North 75 dogrees, 30 minutes Eliot, Cour hundred sixty- two foot to 0 pont; thenco along tho lino of tho lon~s of Josoph D. Kramor, of which this was onco a part, North 75 dogroos East, sevonty-nine on~ six tenths foet, moro or loon, to a concroto post or monument at land of tho Unitod statos of I\morica, used as a Naval supply Dopot, at the placo of DEGINNING. Having thoreon erectod a one story brick and block business buildinCj. EXCEPTING that certain parcel sold to Penn contral Co., as sot forth in Deod Dook C-2J, PaCje 795, connioting of 14.507 squaro feot, moro or loso. DEING "ract No. I wh ich Orweco Frocks, Inc., now known as Orwoco, Inc., by ito doo~ dntod MllY 4, 1911J, and J"econled in tho Offico oC the Rocor~er of Doodo in ami fOL" cumborlon~ county in Deed nook "E", Volumo JO, rage 140, granted and convoyo~ unto Orwoco Frocks, Inc., now known os Orwoco, Inc. SEIZED, TAKEN IN EXECUTION, AND TO DE SOLD AS PROPERTY OF ORWECO, INC., FORMERLY KNOWN AS ORWECO FROCKS, INC. DIVERSIFIED CREDIT PROPERTIEB, INC., Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5467 CIVIL TERM ACTION IN MORTGAGE FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant NOTICB OF SHBRIFF'8 S~LB OF RE~L PROPBRTY PURSU~NT TO PBNNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TOI Orweco, Inc. formerly known as, Orweco Frocks, Inc. cia Jack confino 815 Rushmore Avenue Kamaronack, New York 1054J All other Lienholders and parties of interest TAKE NOTICEI That the Sheriff's Bale of Real Property (Real Estate) will be held on March 6, 1996, in the commissioner's Hearing Room, 2nd Floor, cumberland county courthouse, One Courthouse Square, Carlisle, Pennsylvania, at 10100 A.M., prevailing local time. TilE 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 garment factory building and any other major improvements orectod on the land. (SEE DESCRIPTION ATTACHED). TilE LOCATION of the property to be sold is: JOO North Chestnut street Mechanicsburg, cumberland county pennsylvania 17055 TilE JUDGMENT under or pursuant to which the property is being sold is docketed tOI No. 95-5467 CIVIL TERM In Cumberland county, PA THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TillS PROPERTY IS (ARE): Orweco, Inc., formerly known as Orweco Frocks, Inc., clo Jack Confino 815 Rushmore Avenue Mamaronack, New York 1054J A SCHEDULE OF DISTRIBUTION, being a list of the persons andlor governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale ruceived and to be disbursed by the Shoriff (for examplo, to banks that hold mortgages and municipalitios that are owed taxes) will be filed by the Sheriff within thirty (JO) days after the sale, and distribution of the proceods of sale in accordance with this schedule will, in fact, be made unless someono objects by filing 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 Courthouso, One courthouse square, carlisle, Pennsylvania 1701J, (717) 240-6J90. Additional Notice to owner IDefendantl THIS P~PER IS A NOTICE OF THE TIME ~ND PL~CE OF THE SALE or YOUR PROPERTY. It has boen issued because there is a Judgment against you. It may cause your property to be hOld, to be sold or taken to pay the Judgmont. You may have legal rights to prevent your proporty from being takon. 1\ lawyor can advise you more specificallY of thooe rights. If you wish to exercise your rights, you must act promptly. YOU BHOULD TAKE TIIIB PAPER TO YOUR LAWYER ~T ONCE. GO TO OR TELEPHONE THE OFFICE BET FORTH BELOW TO FIND OUT WHERE YOU C~N GET FREE LEGAL ADVICE I cumborland County Court I\dministrator One Courthouse square carlisle, Pennsylvania 1701J Telephono: (717) 240-6200 -2- THE LEG~L RIGHTS YOU ~Y H~VE ~REI 1. You may file a petition with the Court of Common Pleas of Cumberland county to open the Judgment if you have a meritorious defense against the person or company that has entered Judgment against you. You may also filo a petition with the same Court if you are aware of a legal defoct in the obligation or tho procedure used against you. 2. After the sheriff's Sale, you may file a potition 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 delivered. J. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland county at one of the court's regularly scheduled Business Court sessions. The petition must be served on the attorney for tho creditor or on the creditor at least two (2) business days before presentation to the court/ and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland county Courthouse, carlisle, Pennsylvania 1701J, before presentation of the petition to tho Court. YOU MAY STILL BE ~BLEl TO S~VEl YOUR PROPIRTY ~ND YOU H~VIl OTHIR RIGHTS IVEN IF THE SHIRIFF'S S~LE DOES T~XEl PL~CI. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717) 24J-3727. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your proporty. J. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 24J-J727. 4. If the amount due from tho Buyor is not paid to the Sheriff, you will remain tho ownor of tho proporty as if tho sale never happenod. 5. You have full amount due is deod to the buyor. the right to remain in the proporty until the paid to the shorifC and tho Sheriff gives a I\t that timo, tho Buyer may bring legal -J- DESCRIPTION OF PREMISES ALL 'l'\lAT CER'l'AIN tract oC land, togothor with tho improvomonts thoroon orocted, situato in tho 1'hird Ward of tho Dorough oC Mochnnicsburg, cumborland county, commonwoalth of ponnoylvania, bounded and doocribod as Collowo, to wit: BEGINNING at a concroto poot or monumont at land of tho Unitod Statos of I\merica, used as a Navnl supply Depot; thonco along tho lino of said land of tho united statos of Amorica used as a Naval supply Dopot, South 17 degroos, JO minuteo Eaot, four hundred nineteon and ton one-hundrodths foet to an iron pin; thenco along lands of tho Jncob II. Koller Estate, South 76 degrees, 15 minutes Wost, five hundred thirty-four and six tenths foot to an iron pin; thenco along tho lino of lands now or formorly of Frank I.auck, North 10 dogroeo Wont, [our hundre~ nino and two tenths foot to an iron pin; thonco along the line of land formorly oC Francis A. Jacobs, now or formerly of Raymond Whito and wifo, North 75 dogreoo, JO minutes East, four hundred sixty- two feot to a post; thence along tho lino of tho lands of Joseph B. Kramer, of which this was once a part, North 75 degroes East, sevonty-nine and six tonths Ceet, more or loos, to a concroto post or monumont at land of tho Unitod states of America, used as a Naval Supply Depot, at the place of BEGINNING. \laving thereon erected a ono story brick and block businoss building. EXCEPTING that cortain parcel nold to Ponn Central Co., as set forth in Deod Book C-2J, Page 795, conoisting of 14.507 square feet, more or 10so. BEING Tract No. I which Orweco Frocks, Inc., now known as Orwoco, Inc., by its deod dated May 4, 190J, and recorded in tho Offico of the Rocorder of Deodo in and for Cumberland County in Deed Book "E", Volumo JO, Page 148, granted and conveyed unto Orweco Frocks, Inc., now known as Orweco, Inc. SEIZED, TAKEN IN EXECUTION, AND TO DE SOLD AS PROPERTY OF ORWECO, INC., FORMERLY KNOWN AS ORWECO FROCKS, INC. ~ ~ (: t~ c.. ,<' 'J./f") a. "~'.~ f1?f.! ~ ',,,' ~.. t..",.., 'jl . "c ,....:::: s- 1;' -;... ~f:: O::l : t,) , i.:~J ~.: a.lt' c" I : t~J (:.: I.. ,..... f.:J ...L!" II. In d 0 u\ DESCRIPTION OF PREHIBES ALL THAT CERTI\IN tract of land, together with tho improvements thereon erected, situate in the Third Ward of the Borough of Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania, bounded and describod as follows, to Witl BEGINNING at a concrete post or monument at land of the United states of America, used as a Naval Supply Depot; thence along the line of said land of the United States of America used as a Naval supply Depot, South 17 degrees, JO minutes East, four hundred nineteen and ten one-hundredths feet to an iron pin; thence along lands of the Jacob H. Koller Estate, South 76 degrees, 15 minutes West, five hundred thirty-four and six tenths feet to an iron pin; thence along the line of lands now or formerly of Frank Lauck, North 18 dogrees I~est, four hundred nine and two tenths feet to an iron pin; thence along the line of land formerly of Francis A. Jacobs, now or formerly of Raymond White and wife, North 75 degrees, JO minutes East, four hundred sixty- two feet to a post; thence along the line of the lands of Joseph B. Kramer, of which this was once a part, North 75 degrees East, seventy-nine and six tenths feet, more or less, to a concrete post or monument at land of the United states of America, used as a Naval SUPPlY Depot, at the place of BEGINNING. Having thereon erected a one story brick and block business building. EXCEPTING that certain parcel sold to Penn Central Co., as set forth in Deed Book C-2J, Page 795, consisting of 14.507 square feet, more or less. BEING Tract No. I which Orweco Frocks, Inc., now known as orweco, Inc., by its deed dated May 4, 198J, and recorded in the Office of the Recordor of Deeds in and f.or cumberland County in Deed Book "E", Volume JO, Page 148, granted and conveyed unto Orweco Frocks, Inc., now known as orweco, Inc. SEIZED, TAKEN IN EXECUTION, AND TO BE SOLD AS PROPERTY OF ORWECO, INC., FORMERLY KNOWN AS ORWECO FROCKS, INC. ~ c ~ .. ~~ en o-J-rf' ,~ 8"': 5 .., .'0 ....~ ,:-1;:'1 ~l (0 ~.; ~:; n.: I ) , h !!.J III U Illt:!l ~ IJJ 111.1.. c..J ;i~ ~ In _l C' U , . DIVERSIFIED CREDIT PROPERTIES, INC., Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVI\NII\ v. NO. 95-5467 CIVIL TERM I\CTION IN MORTGI\GE FORECLOSURE ORWECO, INC., formerly known as ORWECO FROCKS, INC., Defendant ~FFID~VIT PURSU~NT TO RULE 3129.1 Edward L. Schorpp, Esquire, attorney for 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 JOO North Chestnut street, Hechanicsburg, Cumberland County, Pennsylvania, as more particularly described according to Exhibit "A" attached hereto and incorporated herein. 1. Name and address of owner(s) or reputed owner(s): orweco, Inc., formerly known as Orweco Frocks, Inc., cia Jack Confino, 815 Rushmore Avenue, Mamaronack, New York 1054J. 2. Name and address of Defendant(s) in tho JUdgmentl orweco, Inc., formerly known as Orweco Frocks, Inc., clo Jack Confino, 815 Rushmore Avenue, Mamaronack, New York 1054J. J. Name and address of every Judgment creditor whose Judgment is a record lien on the real property to be sold: Internal Revenue Service, Philadelphia, Pennsylvania. 4. Name and Address of tho last recorded holder of every mortgage of record: Diversified credit properties, Inc., (execution creditor) by assignment of mortgage executed in favor of the First Women's Bank, J15 West Court, Dyersburg, Tennessee J8025. 5. Namo and addross of every other pe~son who has any record lien on tho property: Cumberland county Tax Claim Buroau, One Courthouse Square, carlisle, ponnsylvania 1701J. 6. Name and address of every other person who has any record interest in the property and whose interest may be affeoted by the salel None. Name and address of every other person of whom the has knowledge who has any interest in the property be affected by the Galel Barry Heckard, 605 Somerset Drive, Hechanicsburg, Pennsylvania 17055 (current real estate taxes). Hechanicsburg Borough Tax Colleotor. 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 subjeot to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. 7. Plaintiff which may / -:?-J;:..9.r Date ~~-~". ~IFY~ Plaint f