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HomeMy WebLinkAbout02-4025 LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: of the Estate of Jeanne German, Plaintiff : VS. : : : Vincent McCue, : Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANNIA : Civil Division No.: 96-1244 PRAECIPE FOR WRIT OF REVIVAL TO THE PROTHONOTARY OF SAID COURT: Please revive the Judgment in the above captioned matter in favor of the Plaintiff and against the Defendant, Vincent McCue at 460 St. Johns Drive, Camp Hill, Pennsylvania, 17011 for the amount of $35,000.00 plus costs of $208.78 and interest from October 1992. Thank you for your attention in this matter. Date: oC~/2-~-~- LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: of the Estate of : Jeanne Garman, : Plaintiff : : : VS. : : : Vincent McCue, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA Civil Division No.: 02-4025 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Plaintiff Vivian Brannen, Executrix of the Estate of Jeanne Garman in the above matter. Date: tephe'n J. I-~g~,, Esquire Attorney for Plaintiff SOS220D Cumberland County Pennsylvania · Docket Entries 1996 01244 03 12 96 P BRANNEN VIVIAN ETC (VS) MCCUE VINCENT Page 1 of 1 ............. FIRST ENTRY .............. SHERIFF'S FILE RETURNED FILED. Case Type: WRIT OP REVIVAL Ret Type.: Regular Litigant.: MCCUE VINCENT Address..: 460 ST JOHNS DRIVE Cty/St/Zp: CAMP HILL, PA 17011 Hnd To: BARB MCGREGOR, ADULT ROOMMATE OF VINCENT MCCUE Shf/Dpty.: PHILIP BAUGHMAN Date/Time: 03/11/1996 1350:00 Costs .... : $27.84 Pd By: ANGINO AND ROVNER 03/12/1996 .............. LAST ENTRY .............. F2=Done Fg=Add F12=Cance1 F13=Reseq F17=Top F18=Bottom vivian'Brannen, Executrix of the Estate of Jeanne Garman va. Vincent McCue 460 St. John Dr. Camp Hill PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW 02-4025 Civil TERM 19~ NO. TO Vincent McCue: WRIT OF REVIVAL You are notified that the plaintiff has commenced a proceeding revive and continue the lien of the judgment entered to NO.96-1244 Civil TERM 19 to The Plaintiff claims that the amount due and unpaid is $ 35,000.00 with interest from October, 1992 You are required within twenty (20) days after service of this Writ to file an answer or otherwise, plead to this Writ. If you fail to do so, judgment of revival will be entered. Costs $ 135.62 Pd Atty $2.00 Co. due Date August 23, 2002 CURTIS R. LONG PROTHONOTARY Seal Stephen J. Hogg, Esq. Attorney for the Plaintiff 19 S. Hanover St. Carlisle PA 17u13 (717) 245-2698 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANNEN VIVIAN ET AL VS MCCUE VINCENT HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within WRIT OF REVIVAL was served upon MCCUE VINCENT the DEFENDANT , at 1224:00 HOURS, at 460 ST JOHN DRIVE CAMP HILL, PA 17011 VINCENT MCCUE on the 10th day of September, 2002 by handing to a true and attested copy of WRIT OF REVIVAL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this j~ day of ~J~ ~-~ A.D. ~rdthonotary So Answers: R. Thomas Kline 09/11/2002 STEPHEN HOGG By: Sheriff/ SHERIFF ' S RETURN - REGULAR CASE NO: 2002-04025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRANNEN VIVIAN ET AL VS MCCUE VINCENT HAROLD WEARY , Sheriff or Deputy She Cumberland County,Pennsylvania, who being duly sworn says, the within WRIT OF REVIVAL was served MCCUE VINCENT DEFENDANT , at 1224:00 HOURS, on the 10th day o~ at 460 ST JOHN DRIVE CAMP HILL, PA 17011 ~iff of Lccording to law, upon the SePtember, 200___~2 by handing VINCENT MCCUE a true and attested copy of WRIT OF REVIVAL together with and at the same time directing His attention to the ontents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and SubScribed to before me this q~ day of  _~ ~3 A.D. ~7 ~rothonot ary / So Answers R. Thomas Kline 09/11/2002 By: 7~/z~ 1 'Depu~ Sherit-~/ LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: IN THE COURT OF COMMON PLEAS of the Estate of · CUMBERLAND COUNTY, Jeanne Garman, : PENNSYLVANNIA Plaintiff : Civil Division : vs. : No.: 02-4025 : Vincent C. McCue, : Defendant : PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Kindly enter judgment for Plaintiff and against Defendant Vincent C. McCue only, and assess damages certified to be calculable as a sum certain from the Complaint. Principal due Interest Attorney Comm. Costs $35,000.00 $22,050.00 $5,250.00 $1,758.78 Total · $64,058.78 I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statues Section 4904, relating to unsworn falsification to authorities. I verify that: Vincent C. McCue's precise last known address is 460 St. Johns Drive, Camp Hill, PA 17011. The named Defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors relief Act and is over 18 years of age. It is certified that a written notice of intention to file this Praecipe was mailed to the Defendant against whom judgment is to be entered and their attorney(s) of record, if any, afte~ the default occurred and at least 10 days prior to the date of filing of the Praecipe. Date: ~ephen J. ~g.~, Esquire LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION I verify that the statements made in the foregoing document to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: Attorney for Plaintiff ,/ LAW OFFICES OF STEPHiq. N j. ttOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: IN THE COURT OF COMMON PLEAS of the Estate of ' CUMBERLAND COUNTY, Jeanne Garman, : PENNSYLVANNIA Plaintiff : Civil Division : vs. : No.: 02-4025 : Vincent C. McCue, : Defendant : TO: Vincent C. McCue 460 St. Johns Drive Camp Hill, PA 17011 DATE: March 22, 2003 IMPORTANT NOTICF You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013// (717) 246-3166 $tepaen ARorney for P~ntiff Vivian Brannen, Executrix: IN THE COURT OF COMMON PLEAS of the Estate of : CUMBERLAND COUNTY, Jeanne Garman, ' PENNSYLVANNIA Plaintiff VS. Vincent C. McCue, Defendant · Civil Division : · No.: 02-4025 .. .. Notice: VINCENT C. MCCUE Pursuant to Pa. R.C.P. No. 236 Vincent C. McCue is hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default: Money Judgment: Amount on Award of Arbitrators: Judgment on Verdict: $35,000.00 Money Judgment Transferred From Other Jurisdiction: Other: LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL ATTORNEY STEPHEN J. HOGG AT THIS TELEPHONE NUMBER: 717-245-2698 PROTHONOTARY LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: of the Estate of Jeanne Garman, Plaintiff VS. Vincent C, McCue, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA Civil Division No.: 02-4025 NOTICE IS HEREBY GIVEN to the Defendants and those parties who hold one or more mortgages, judgments, or tax liens against the real estate which is the subject of the NOTICE OF SALE pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached NOTICE OF SALE. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of the Sheriff's Sale. /~t.e. P hen j. H~e~/Esquire At-[orney for Plaintiff Date: LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: IN THE COURT OF COMMON PLEAS of the Estate of ' CUMBERLAND COUNTY, Jeanne Garman, Plaintiff VS. Vincent C. McCue, Defendant · PENNSYLVANNIA · Civil Division : : · No.: 02-4025 : : : : .AFFIDAVIT PURSUANT TO RUI ~= 3129.1 TO THE PROTHONOTARY OF SAID COURT: Vivian Brannen, Plaintiff in the above action, through her attorney, Stephen J. Hogg, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 460 St. John Drive, Cumberland County, Camp Hill, Pennsylvania: 1. Name and address of owner[s] or reputed owner[s]: .NAME Vincent C. McCue Elizabeth A. Wian NAME Vincent C. McCue ADDRESS 460 St. John Drive Camp Hill, PA 17011 Cumberland County 36 Greenfield Drive Carlisle, PA 17013 Cumberland County Name and address of defendant[s] in the judgment: ADDRESS 460 St. John Drive Camp Hill, PA 17011 Cumberland County LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME Kim Tuschak ADDRESS 4 N. Seasons Drive Dillsburg, PA 17019 4. Name and address of last recorded holder of every Mortgage of record: NAME None ADDRESS 5. Name and address of every other person who has any record lien on the real property: NAME Cumberland County Tax Claim Bureau 2000 taxes: $ 5.15 2001 taxes: $457.64 ADDRESS 19 S. Hanover Street Ste. 102 Carlisle, PA 17013 Name and address of every other person who any has any record interest in the property and whose interest may be affected by the sale: Unknown LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property who may be affected by the sale: Unknown I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information, and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date: Stephen J, ~l(~g~, Esquire Attorney for plaintiff EXHIBIT A WITNESSETH, th~t i, ca,~ider~tio, o! Twenty-Slx Thousaad ($Z6,000.00) '... Dollnrs. in ~ ~, th~ rgv~t ~hgreo[ ~ k~b~ a~nowl~d~vd, th~ said ~rantor a do h~b~ an con,er ~ gh~ said ~,g~e s their heirs and assigns, ALL t~t certain lot of ~and situate l~ the Township of ;~den, County o~ C~ber~a~d and State of Pennsylvania, more particularly bounded and described as fol~ows, to wit: ~ING at an ~ron p~n/~e ~ntersect~on of the northern of West Circle and the western ~ne of Point ~idge D~lve, as on the here~ter mentioned Plan of ~ta; thence South e~ghty- t~ee (83) degrees ~lve (5) m~nutes West n~ong ~he northern l~ne o~ West C~rc~e one hundred ten (~]O) fee~ to a po~n~; thenc~ North twenty (20) de,roes seven (7) m~nutes West a~ong~e eastern o~ ~t No. 8, aa sho~ on the sa~d Plan, one hundred seven,y-four end ~orty-~ve hundredths (~7~.~5) feet to a stake. ~hence ~ght~-t~ee(83) degrees f~ve (5) mlnut~- ,~ ...... j_ ~- N~th~ · ~n~ o~ ~ No. ]0, as 8horn on said Plan, on8 hundrod feet to an iron pin at ~he western line of Poin~ Ridge ~ive, now ~own as St. Jo~s Drive; thence South six (6) degrees fifty-five (55) minutes East, along the western llne of P~t Ridge hundred seventy (170) feet to the place of BEGINNING. Drive one ~INO ~t No. 9 as shown on Plan of Lots, Section l,'Point · Ridge Farm, ~den Township, Cumberland County, Penhsy]~nia, said Plan being ~ecorded In the Cumberland County Hecorder~s Offlce In Plan ~ok 8, Page 2. ~VINO thereon erected ~ one story brick ranch dwelling with a'ttached ~wo car garage. ~INO the same premises whloh George DeBoard anti Ruby D. ~avd) his Wife, by their deed da~od April Iii, 1958 and recorded in the Recorder of ~eds Office in and f~r Cumberland County, Pe~eyl~nia, In ~ed ~ok ]8-J, Pago ]6~ granted and conveyed ~to the Orantora herein. T~ above described premises nrc conveyed under and. subject to.a mortgage b~ record from tho Grantors herein ~o Peoples Bond and Mortgage Co,any assigned to Mutual Lifo Insurance Company of New Yo~k which the Orantees assume and agree to pay according to ." the te~s and conditions of the said mort age and accomp n I , The above deso~ibed ppemi~e, a~e also ~onve~ed n~er and sub~ : '~ Ject to eaae~nts and restrictions of record, i '~'.' · Vivian Brannen, Executrix: of the Estate of Jeanne Garman, Plaintiff VS. Vincent C. McCue, Defendant IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, · PENNSYLVANNIA · Civil Division : · No.: 02-4025 .. : : : AFFIDAVIT OF MAILIN~ I, Stephen J. Hogg, Esquire, attorney for Plaintiff, do hereby verify that I have sent the attached notice and affidavit (copies of which are attached hereto), to the mortgages, judgment creditors, the defendants, terre-tenant(s), and others listed below notifying them of the Sheriff's Sale of Real Estate in the above captioned action. Said notice~_as be~n sent certified mail, return receipt requested, on /"~/~1,4K_~ j/~--'/',~ ~ to the address listed on the copy attached hereto. '~' (1) Vincent C. McCue (2) Elizabeth A. Wian (3) Klm Tuschak (4) Cumberland County Tax Claim Bureau The foregoing information is true and correct to the best of my knowledge, information, and belief, and is made subject to the s of 18 Pa.C.S. {}4904, to authorities, relating~rn falsification Date: .~/~--"/~'~' tephen J. :~g~squire Attorney fo,,V'Pla,~tiff LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: of the Estate of : Jeanne Garman, : Plaintiff · VS. · Vincent C. McCue, · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA Civil Division No.: 02-4025 on NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held in the Cumberland County Courthouse, at , 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: 460 St. John Drive Camp Hill, PA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Cumberland County Court of Common Pleas EXECUTION NUMBER: 2003- LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: of the Estate of : Jeanne Garman, · Plaintiff · VS. · Vincent C. McCue, · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA Civil Division No.: 02-4025 AFFIDAVIT OF MAILINC, I, Stephen J. Hogg, Esquire, attorney for Plaintiff, do hereby verify that I have sent the attached notice and affidavit (copies of which are attached hereto), to the mortgages, judgment creditors, the defendants, terra-tenant(s), and others listed below notifying them of the Sheriff's Sale of Real Estate in the above captioned action. Said notic/e.~.s_be..e,~Fsent certified mail, return receipt requested, on · ///'('~ /'?/~C~0 ~. to the address listed on the copy attached hereto. ' / (1) Vincent C. McCue (2) Elizabeth A. Wian (3) Klm Tuschak (4) Cumberland County Tax Claim Bureau The foregoing information is true and correct to the best of my knowledge, information, and belief, and is ma, ~e subject to the penalties of 18 Pa.C.S. {}4904, relating to,,~/ v(~,n falsification to authorities. ~ Date: ~/~'~C_~ _~//~ ' ' ~tephen J. Hoj~, ~squire Attorney for Plaintiff IN THE COURT OF COMMON PLFAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: BRANNEN VIVIAN ~ : ( ) Confessed Judgment : ( ) Other vs. MCCUE, VINCENT ~. : File No. 2002-04025 : Amount Due $35t000.00 : Interest $22,050.00 : Atty's Corem $5,250.00 : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrr~nt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as an~nded; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described p-roperTy of the defendant(s) Vincent McCue: Real Estate at 460 St. Johns Drive , Cumberland Count Cam i 11 n · 1 ' PRAECIPE FOR AT~~ EX~CUT/_ON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment aga/nst the above-nan~d _garnishee(s) for the following proper~y (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee ( s ). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real ~state-of the defendant(s) described in the attached ex~i~,~. DATE:_. ~,~/(~/0 '-~ Signature: .~~ Print Name: Stephen/~.~ogg, Esquire Address: 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 A~ ~o .rney for: Plaintiff . Telephone: (717) 245-2698 .i;ti!','.'c'.~.t, C~L:: : ID Nc~.: 36812 Notes: If real property, supply six copies of description including improvements and an - original and copy of affidavit of ownership (PaR. C.P. No- 3129). If lengthy personaltY list, supply four copies of list. To index writ, file separate praecipe with writ. Vivian Brannen, Executrix of the Estate Of Jeanne Garman VS Vincent C. McCue In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4025 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Stephen J. Hogg. Sheriff's Costs: Docketing 30.00 Poundage 13.27 Posting Bills 15.00 Advertising 15.00 Mileage 31.05 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 3.00 Law Journal 270.05 Patriot News 235.18 Share of Bills 28.90 $ 676.95 paid by attorney 9/4/03 Sworn and subscribed to before me This .lO ~ day of ~zT~ Prothonotary R. Thomas Kline, Sheriff Real Es(~qte Deputy Real Estate Sale # 33 On May 23, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 460 St. Johns Dr., Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 23, 2003 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ac~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metre editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY S A L E #33 Tern/L Russell, NO~ p · J My(~F'~June6'2O~6 I NO'I~,RY PUBLIC IV, em~r.l~A~x:iaa~OfNolat~y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 233.43 $ 1.75 $ 235.18 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ E~TATE 8ALE NO, 33 Writ No. 2002 4025 Civil Vlvian Brannen, Executrix of the Estate of Jeanne Garrnan VS. Vincent C. McCue Atty.: Stephen J. Hogg LEGAL DESCRIPTION ALI. that certain lot of land situ- ate in the Township of Hampden. County of Emnberland and State of Pennsylvania, more particularly bomxded and described as follows, to wit: BEGINNING at an iron pin in the intersection of the northern line of West Circle and the western line of Point Ridge Drive. as shown on the hereinafter mentioned Plan of lots; thence South eighty-three i831 grees five {51 minutes West along the northern line of West Circle one hundred ten tlr0) feet to a paint; thence North twenty 1201 degrees seven {7) minutes West along the eastern line of Lot No. 8. as shown on the said Plan, one hundred seventyffour and forty five hun- dredths (174.45) feet to a stake; thence North eighty-three (83) grees live i51 wanutes East along the southerly line of Lot No. 10, as shown on said Plan, one hundred fifty (1501 feet to an iron pin at the western line af Point Rid_ge_ Driv~ now Atty.: S~ephen ,J. ~",e~ LEGAL DESCRIPTION ALL that cei~ain lot of laxxd sltu ate in the Township of Hampden, County of Cumberland and State of Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at an iron pin in the intersection of the northern line of West Circle and the western line of Point Ridge Drive, as shown on the hereinafter mentioned pla~ of lots; thence South eighty4hree (831 de- grees five (5} minutes West along the northern line of West Circle one hundred ten (1101 feet to a point: thence North twenly (20) degrees seven (71 minutes West along the seventy four and forty-five hun- thence North eighty three {83) de- grees five {5) minutes East along the on said Plan, one hundred fifty [150) line of Point Ridge Drive, haw known six 16) degrees fifty-five [55) Ir/tn- Point Ridge Drive one hundred sev- enty [170) feet to the place of BE- Farm, Hampden Township, Cumber- land Count-/, Pennsylvania. said Plan Book 8, page 2. inched two car garage. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Br~nnen Vivian ~ McCue Vincent/ ( ) Confessed Judgment ( ) Other File No. 2002- 04025 Anount Due $35,000.00 Interest $23,800.00 Arty' s Corm $6,000.00 Costs TO THE PROTHONOTARY OF THE SAID COURT: Th~ undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgn~nt, but if it does, it is based on the appropriate orJ.ginal proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Vincent McCue: Real Estate at 460 St. Johns Drive, Cumberland County, Camp Hill, Pennsylvania PP, A~CIPE ~DR A~TA(ZP~M~%~ EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply slx copies of the description; supply four copies of lengthy person~tlty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee( s ). (Indicate) Index this writ against the garnishee(s) as a lis pendens against DATE:real estate of the defendant (s)'~//?/~ ? described inSignature the at tached ex~ t~~: ~. //Y/~/' _ Print Name: Stephen ~'. ~'{ogg, Esquire Address: 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 At tor~ey for: Plain~i_~ f Ieie~hone: 245-2698 ;/:ytc!!'-' <'~:: '~ ID NC~.: 36812 Notes: If re~l property, supply six copies of description including LmProvements and an original and copy of affidavit of ownership (PaR. C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. BETWEEN BONALD ?. (]U$CHEL and MARY E. (]USCHEL, his wife, of l~"mpdgn Township, Cumberland County, Pennsylvania, ~art!cs of the first, pert .............. VINCENT C, McCrJE and ELIZABETH A. McCUE, Ills wife, of the b~rougD of Camp ]till, Cumberlaqd County, Pennsylvania, parties of the second pq~rt SVITNE$SETH, thu~ b; ¢o.,id~rat. ion of TwenLy-S tx Thousand ($26,000,00) '- - - ............................... Dolt,Ira, ALL t~t certain lob of land situate ih the Township of I~den, bounded and described as follows, to wit: ~I~ING a~ an iron ptn/~e Intersection of the northern line on the hereinafter mentioned Plan of Lots; ~honce South eighty- three (83) de,roes five (5) minutes Wes~ along the northern llne of West Circle one hundred ten (110) fee~ ~o a point; thence North twenty (~O) degrees seven (7) minutes West along ~e eastern line of. ~t No. 8, as shown on the said Plan, one hundred seventy-four and forty-five hundredths (17~.I~5) feet to.a stake; thence North eight~-t~ee(83) degrees flys (5) minutes East alon~ the southerly line of ~t No. 10, as shown on said Plan, one hund~e,l ~own as St. Johns Drive; thence South slx (~) degrees f[f~y-five (55) minutes Esst~ ,lon~ the western line of P~t Ridge Drive one hundred seventy (170) feet to the place of BEGINNING. BEING ~t No. 9 as shown on Plan of Lots, Section l, Point ' 'Plan ~ok 8, Page 2. ~ING 6he same premises whlcb George DeBoard and Ruby ~Boa~d~ his wife, hy their deed dated April 1~, 1958 and I. ecorded In the Recorder of Deeds Office In end f~r Cumberland Coungy, Pe~syl~nia, In ~od ~ok 18-J, Page .16~ granted and conveyed ¸%. to.a mortgage b£ ~ecord from ~he Grantors herein to Poop]es Bond P.i '~'.' end Mortgage Company assigned to Mutual Life Insurance Company of ~ .. mortgage bond. Tho present balance o~ the mortgage is :[;2~,8q9.O~. "'~ Tile above"deecrihed premises are also conveyed ~er end ~ubi i ' Ject to'eaae~nts and restrtctioni of record, [ I. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4025 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VIVIAN BRENNAN, EXECUTRIX OF TE ESTATE OF JEANNE GARMAN Plaintiff (s) From VINCENT MCCUE, 460 ST. JOHNS DR,, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 460 ST. JOHNS DRIVE, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTON). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) ~fpr~perty~fthedefendant(s)n~t~eviedup~nansubjectt~attachmentisf~undinthep~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $35,000.00 Interest $23,800,00 Atty's Corem % $6,000.00 Atty Paid $945.50 Plaintiff Paid Date: FEBRUARY 19, 2004 (Seal) REQUESTING PARTY: Name STEPHEN J. HOGG, ESQ. Address: 19 S. HANOVER ST., STE. 101 CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-2698 Supreme Court ID No. 36812 Due Prothy 1.00 Other Costs CURTIS R. LONG STEPI-I~N J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VivJan Brannen, Executrix: of the Estate of : Jeanne Garman, Plaintiff VS. Vincent C. McCue, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNiA CivilDivision No.: 02-4025 AFFIDAVIT PURSUANT TO RULE 3129.1 TO THEPROTHONOTARY OFSAIDCOURT: Vivian Brannen, Plaintiff in the above action, through her attorney, Stephen J. Hogg, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 460 St. Johns Drive, Cumberland County, Camp Hill, Pennsylvania: 1. Name and address of owner[s] or reputed owner[s]: NAME ADDRESS Vincent C. McCue 460 St. Johns Drive Camp Hill, PA 17011 Cumberland County Elizabeth A. Wian 36 Greenfield Drive Carlisle, PA 17013 Cumberland County 2. Name and address of defendant[s] in the judgment: NAME ADDRESS Vincent C. McCue 460 St. Johns Drive Camp Hill, PA 17011 Cumberland County 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME Kim Tuschak ADDRESS 4 N. Seasons Drive Dillsburg, PA 17019 4. Name and address of last recorded holder of every Mortgage of record: NAME None ADDRESS 5. Name and address of every other person who has any record lien on the real property: NAME Cumberland County Tax Claim Bureau 2000 taxes: $ 5.15 2001 taxes: $457.64 ADDRESS 19 S. Hanover Street Ste. 102 Carlisle, PA 17013 6. Name and address of every other person who any has any record interest in the property and whose interest may be affected by the sale: ;TEPHEN J. ItOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Unknown Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property who may be affected by the sale: Unknown I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~tephen J. H~g, Esquire Attorney for Plaintiff 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 Supreme Court ID#: 36812 ~TEPHEN.,I. HOC~ 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 EXHIBIT A MADLY, TH~ ' ' I/ T ~ o/ Ot~r Lord OhO thos~and nin$ hnndred ~x~y ( o~ I~mpd~n To~n~hlp~ par~os ct the tirst VINCENT ~:. McCrIE and ELIZ~H A, McCUE, His wife, of the ~,rough of Ca~ N~ll, Cumberlaqd County, Ps.sylvania, par~ee of the ~econd pq'r~ .... . - WI~WIZ$$gTIL tAat in contidtratlon o[ Twent¥-51n Thousand ($26~000.00} '- - - hertb~ ~ant nn conve~ to th~ raid ~rant~ s their heirs and assigns, ALL t~t certain lot of land situate i~ the Township of County o~ C~berland and S~a~e of Pon..ylvanla, moro particularly bounded and described as follows, to ~ING a~ an ~ro. pin/~e ln~ersec~fon of the norther~ l~ne of West Circle and the western linc of Point HidEs D~tve, as ahow~x on the hereinafter mentioned Plan of Lots; thence South ~hree (83) degrees f~ve (5) minutes Wes~ a~ong the northern line of West Oircle one hundred ten (1~0) feet to a point; thence North twenty (20) de~rees seven (7) m~nu~es West along O,e eastern line o~ ~t No. 8, as shown on tho sa~d Plan, one hundred seven,y-four and fo~ty-five hundredths (17~.;~5) feet to a sta]{e; thence North eighty t~ee(83) degrees five (5) m~nutes EsS~ alon~ the southerly l~ne of ~t No. ]0, as shown on said Plan. o~e hundred f~f~y'(150] fee~ to an iron pin at ~be western l~ne of Pofnt Midge Drive, no~ ~own as St. Johns Dr~ve; thence Sou~h slx (~) de,tees fifty-five (55) m~nutos Ess~, elong the wester~ line of.P~ Ridge Drive one hundred seventy (170) fee~ to the p~ace of BEING ~t Ho. 9 as shown on P~sn of Lots, Section l,'Point · Ridge Farm, I~m~en To~{nshlp, Cumber]and County, Pen~sy]~nia. sa~d ~Boa~di his wife, by ~heir deed dated Apr~l IIi, 1958 anJ re~orded Pe~syl~nia, In ~od ~ok 18-J, Pa~e ~6~ granted and conveyed end Mortgage Company assigned to Mukua~ Life Insurances Company of .' mortgage bond. Tho present balance of tBe mortgage ls :1;20.t~9.o0. .. .' Ject ~o'ease~n~s end, res~ric~iooi of record, [ {.. · ,.. ,. Vivian Brannen, Executrix: of the Estate of Jeanne Garman, Plaintiff VS. Vincent C. McCue, Defendant INTHECOURTOFCOMMONPLEAS CUMBERLAND COUNTY, PENNSYLVANNIA CivilDivision No.: 02-4025 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on in the Cumberland County Courthouse, at , 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.) LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 THE LOCATION of your property to be sold is: 460 St. Johns Drive Camp Hill, PA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Cumberland County Court of Common Pleas EXECUTION NUMBER: 2004 ~ THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Vincent C. McCue 460 St. Johns Drive Camp Hill, PA 17011 Cumberland County and Elizabeth A. Wian 36 Greenfield Drive Carlisle, PA 17013 Cumberland County 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 hod mortgages and municipalities that are owed taxes) will be filed by the sheriff twenty (20) 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 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, 1 Courthouse Square, Carlisle, 17013, (717) 240-6100 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been 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. IF' YOU CANNOT AFFORD A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have meritorious defense against 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. 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 delivered. 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 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 petition. If a specific return date is desired, that date must be obtained from the Court Administrators' Office, 1 Courthouse Square, Carlisle, before presentation of the petition to the court. S,ephe. J. Attorney for Plaintiff' 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 Supreme Court ID#: 36812 LAW OFFICES OF STEPI~E~ J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 LAW OFFICES OF STEPHEN j. HOGG 10 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: of the Estate of : Jeanne Garman, Plaintiff VS. Vincent C. McCue, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA Civil Division No.: 02-4025 AFFIDAVIT OF MAILING I, Stephen J. Hogg, Esquire, attorney for Plaintiff, do hereby verify that I have sent the attached notice and affidavit (copies of which are attached hereto), to the mortgages, judgment creditors, the defendants, terre-tenant(s), and others listed below notifying them of the Sheriff's Sale of Real Estate in the above captioned action. Said notice has been sent certified mail, return receipt requested, on ~-~E~'o.o,~u ~: ~OO~r to the address listed on the copy attached hereto. (1) Vincent C. McCue (2) Elizabeth A. Wian (3) Kim Tuschak (4) Cumberland County Tax Claim Bureau The foregoing information is true and correct to the best of my knowledge, information, and belief, and is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Stephen J~, Esquire Attorney fbr Plaintiff 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 Supreme Court ID#: 36812 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. ~ Print Clearly) I-I Agent address different from item 17 f-lyes If YES, enter delivery address below: ~,~1o [-] Registared ~;[,Return Receipt for Merchandise FI Insured Mail [] C,O.D. Restricted Delivery? (Extra Fee) 2, Article Number ¢_ransfer from service label) "T O0 ~ DqlO PS Form 3811, March 2001 Domestic Return Receipt J Postage & Fees Paid I usPs L Permit No. G-10 J · Sender: Please print your name, address, and ZIP+4 in this box · · Complete items 1, 2, and 3. Also complete item 4 ~f Restricted Delivery is desired. · r name and address on the reverse · pnnt y.ou .... return the card to you. or on the front if space permits. 1. Nticte Addressed to: (Tran~ A. Received by (p~ease print clear~v) h iD Agent :3yes ~r delive~ address below: 'D Registered Dyes 02595'01 .M-1424 Sender Please ~rint'YeUr~rame' ad~~ .- - 1 2, snd 3 Also complete · /~r on the front ff space P · Comptete items 1, 2, and 3. Also comptete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PS Fm A. Received by (Please pdnt C!eady) C. Signature r-I Agent 3Yes if YES, enter delivery address below: r-I No 3 Se~,ice Type ~ ~. Certified Mail ["[ Express Mail [ i-3 Registered ~ Return Receipt for Merchandise ~_ r"l Insured Mail [] C.O.D. __ UNITED STATES POSTAL SE~ · Sender: Please P~wni~r~e, address-; and-'ZIP¥~'lll-tf~is-box I"Jlh'JIh,,,,,ll,,th,,IJ,,,ll,,,hhll,,l,h,hl,,,ll,,i Vivian Brannen, Executrix of the Estate of Jeanne Garman VS Vincem C. McCue In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4025 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Stephen Hogg. Sheriff's Costs: Docketing 30.00 Poundage 19.68 Posting Handbills 15.00 Advertising 15.00 Law Library Prothonotary 1.00 Levy 15.00 Mileage 20.70 Postpone Sale 20.00 Surcharge 20.00 Law Journal 470.00 Patriot News 347.89 Share of Bills 29.26 $1003.53 Sworn and subscribed to before me This tq ~ day 2004, A.D.~ Prothonotary So Answers: R. Thomas Kline, Sheriff Real Esffite Deputy i~EPI-IEN J. HOGG i S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Vivian Brannen, Executrix: of the Estate of : Jeanne Garman, Plaintiff VS. Vincent C. McCue, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANNIA : Civil Division : : : No.: 024025 : : : : AFFIDAVIT PURSUANT TO RULE 3129.1 TO THE PROTHONOTARY OF SAID COURT: Vivian Brannen, Plaintiff in the above action, through her attorney, Stephen J. Hogg, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 460 St. Johns Drive, Cumberland County, Camp Hill, Pennsylvania: 1. Name and address of owner[s] or reputed owner[s]: NAME ADDRESS Vincent C. McCue 460 St. Johns Drive Camp Hill, PA 17011 Cumberland County Elizabeth A. Wian '36 Greenfield Drive Carlisle, PA 17013 Cumberland County 2. Name and address of defendant[s] in the judgment: NAME ADDRESS Vincent C. McCue 460 St. Johns Drive Camp Hill, PA 17011 Cumberland County 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME Klm Tuschak ADDRESS 4 N. Seasons Drive Dillsburg, PA 17019 4. Name and address of last recorded holder of every Mortgage of record: NAME None ADDRESS 5. Name and address of every other person who has any record lien on the real property: NAME Cumberland County Tax Claim Bureau 2000taxes: $ 5.15 2001 taxes: $457.64 ADDRESS 19 S. Hanover Street Ste. 102 Carlisle, PA 17013 6. Name and address of every other person who any has any record interest in the property and whose interest may be affected by the sale: LAW OFFICES OF _'EPHEN J. HOGG ~ S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Unknown Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property who may be affected by the sale: Unknown I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information, and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Stephen J. H~,g, Esquire Attorney for Plaintiff 19 S. Hanover Street, Ste. 101 Carlisle, PA 17013 (717) 245-2698 Supreme Court ID#: 36812 LAW OFFICES OF STEPI-~N J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 MADE THE ' ' I! I' t, dali o! ~.9~ o[ OItr Lord one ghoutand nin~ hundred sixty (1960) BETWEEN RONALD P. GUSCHEL and MARY E. GUSG11EL, bis wife, of llampd~n Township, Cumberland County, PennaylvaGla, part,es cf the £~rat. part and VINCENT C. McCIJE and ELIZ^BETN A. McCUE, His wife, of the ~,rough of Cam~ ]Jill, Cumberlsqd County, Pennsylvania, par~ies of the second p~rt ....... WITNESSETH, tha~ in conaidtratlon o/ Twenty-Six Thousand ($26,000.00) '- - - - _ . ............._ ....... ALL t~ certain lot of land situate ~ the Township of I~den, County of C~berland and S~ate of Ponnaylvania~ mmm particularly bounded and described as follo~s, ~o ~: ~I~ING a~ an iron pin/[He intersection of the northern line of West Circle and the western line of Point H[dge DriVe, as shoun three (83) degrees five (5) m~nutes Wes~ along the northem~ line of West Circle one hundred ten (lie) fee~ to a point; thence North . twenty (20) degrees seven (7) minutes Wes~ along ~e eastern 1~ne and forty-five hundredths (17~.~15) feet to a stake; ~hencc North elghty-t~ee(83) degrees f~ve (5) minutes East along t~e southerly line of ~t No. 10, as shown on said Plan, o~e hundred ~own as St. Jo~s Drive; thence South six (~) degrees f~fty-five (55) minutos Ess~, elong the western line of 'P~ Ridge Dr~ve one '. hundred seventy (170) feet to ~he place of BEGINNING. BEING ~t No. 9 as shown on P]en of Lots, Section 1, Point · Plan ~ok 8, Page 2. ~ING tho same promises which George DoBoard and Ruby O. ~Board} his wtro, hy their deed dated April ]Il, 1958 anJ recorded Pe~syl~nia, In ~od ~ok 18-J, Page .16~[ granted and conveyed mortgage bond. Tho present balance of the mortgag,~ la :];20,~tU9.O~. " The above"descrthed premises are a~so conveyed ~er and sub~ Ject to~ease~nts end. restrlct~o~ of record ( Vivian Brannen, Executrix: of the Estate of : Jeanne German, : Plaintiff : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANNIA Civil Division vs. : No.: 02-4025 : : Vincent C. McCue, : Defendant : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: .That the S;,heriff's Sale of Real Property (real estate) will be held on ~'./C~/~ .~L in the Cumberland County Courthouse, at /Z)~ (")(_.) ~ , 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.) LAWo . ~ANO SUiT ~RLISLE ~'EPI'-I~N J. HOGG ~ S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 THE LOCATION of your property to be sold is: 460 St. Johns Drive Camp Hill, PA 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Cumberland County Court of Common Pleas EXECUTION NUMBER: 2004- o/Onr Lo~d one tAmtsa~d ninm hundred · lx ty (I9~0) BET;VEiN o£ thmpdqn ?ownehip~ Oumberland County, Ponneylva~t~.a, .~arb~os o£ bbs £Xreb pert .............. VINCENT (?. llcO~lE and ELIZABETN A. McCUE, ills wife, of the I~rou~h of Carap Nill, CumberlaQd County, Fera~sylvania, parb.~.os o£ the ascend p~'rt I~ITNE$$ETH, that in ~onaidtration o! Twenty-Six Thousand ($26,000.00) '- - - an convey to l~e said orantss 8 bhe1~ he,ps and ALL ~ oer~aln lo~ of land s~ua~o ~h ~hs Township of Ooun~ of O~bepla~d and S~a~a o~ Ponnsylvsn/a, mope pav~ula~]y ' bounded and desup~bed as follows~ ~o ~I~INO ab an iron pin/{~e lnbepamo~lon o~ the no~theen line of West O~cle and bbs western line o~ Point )lldge Drive, a~ shown on the hereinafter mentioned Plan of ~ba; thence 8oubh e~&hby- three (83) de&room ~lve (5) m~nutes West a~ong the northern line of West O~rcle one hundred ben (~20) feet bo a pein:; thence North twenty {20) degrees seven (7) minutes West along ~e eastern o~ ~t ~o. 8, as s))o~ on the sa~ P~an, one hundred seventy-four and forty-five hundredths {17~.~5) feet bo a sbalce, thence North eI&hby-b~ee(83) de&re~a five {5) mtnubes East a2on~ the southerly l~ne of ~t No. 10, as shown on said Plan, one hundred ftfby'(150) feet to an ~ron p~n ab the ~asbern line oK Point ~ldgo D).[vo, now ~own as St. Jo~a Drive; thence 8ot~bR six (6~) de~reee f~fby-f~ve (55) m~nubes East, R~on8 the western linc of P~b Ridge Drive one hundred seventy ~170) feet to [he p~ace of gEING ~b No. 9 aa aho~n cn ~lan of F~oba, Secbton l.'Point Ridge ~arm, I~m)~)en Town~h~p~ Cumberland Counby, Pen~sy]~nta, Pla~ bain& ~ecorded in the Cumberland ~ounby )(ecorderma Office Plan ~ok 8, ~ago 2. ~ING ~he same prem[se~ ~hlch Oeorge DeBoard and ~)by D. ~Boa~d~ his wife, by bhelr deed de,ed Apr[2 ~1, 2958 an~ re~orded PermaTl~n~a, in ~od ~ok ~8-J, Page 16)~ granted and conveyed New ~o~k which tBe Orantees assume and a&ree bo pay eccord~n~ ~o morb&a&e bond. The present balance of the mo~ga~ :s $20,8UQ,Oq. '. . ject bo eese~ta end, resbr~ct~o~ of record. / '!.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4025 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VIVIAN BRENNAN, EXECUTRIX OF TE ESTATE OF JEANNE GARMAN Plaintiff (s) From VINCENT MCCU-E, 460 ST. JOHNS DR., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 460 ST. JOHNS DRIVE, CAMP HILL PA 17011 (SEE LEGAL DESCR/PTON). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) ~f pr~perty ~f the defendant(s) n~t ~evied upun an subject t~ attachment is f~tmd in the p~ssessinn of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $35,000.00 Interest $23,800.00 Atty's Cotton % $6,000.00 At~y Paid $945.50 Plaintiff Paid Date: FEBRUARY 19, 2004 (Seal) REQUEST/NG PARTY: Name STEPHEN J. HOGG, ESQ. Address: 19 S. HANOVER ST., STE. 101 CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-2698 Supreme Court ID No. 36812 Due Prothy 1.00 Other Costs CURTIS R. LONG Proth~tary Deputy Real Estate Sale//17 On February 27, 2004 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 460 St. Johns Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Real Estath Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this statement on behaJf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION ....................................................... COPY Sworn to and subscribed befor ~ 28th day o~Vlay/~4 A.D. My commission Expires June 6, 2000 NOTARY PUBLIC Member, Penn~),lvanlaA~loel&tl~nefNet~riet My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 347.89 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN/CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, v/z: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE SALE NO. 17 Writ NO. 2002-4025 Civil Vivian Brannen, ExecutrLx of the Estate of Jeanne Gan-nan VS. Vincent McCue Atty.: Stephen Hogg This Deed, MADE THE 11th day of May in the year of our Lord one thousand nine hundred sixty {1960) BETWEEN RONALD P. GUSCHEL and MARY E. GU$CHEL, his wife. of Hampden Tova~hip, Cumberland County, Pennsylvania, parties of the first par~, Grantors, and VINCENT C. McCUE and ELIZABETH A~ Mc- CUE, His w/fa, of the Borough of Camp Hill, Cumberland County, Pennsylvania, parties of the second part, Grantees: WITNESSEWH, that in consider- ation of Twenty-Six Thousand {$26,000,00) Dollars, in hand paid, the receipt whereof is hereby ac- ' SWOP, Jq TO AND SUBSCRIBED before me this 30 day of APRIL 2004 N~.~L SEAL ~' LOIS E. SNYDER, Notary Publio Carlisle Boro, Curcberland County My Comrcissio~ Expires March 5, 2005 of Hampden Township, Cumberland County. pennsylvania, par~es of the firs% par[, Grantors, and VINCENT C. McCUE and ELIZABETH A. Mc- CUE, His wife, of the Borough of Camp Hill. Cumberland County. PermsylvanJa, parties of the second part, Grantees: WITNESSETH, thai in consider- ation of Twenty-Six Thousand {$26.000.00) Dollars, in hand paid, the receipt whereof is hereby ac- knowledged, the said grantors do hereby grant an convey to the said grantees their heirs and assigns, ALL that cer[a/n lo% of land situ- ate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin in the intersection of the northern line of West Circle and the western line of Point Ridge Drive, as shown on the hereinafter mentJoned Plan of Lot~; thence South eighty~three (83) de- grees five (5) minutes West along the northern line of West Circle one hundred ten (110) feet to a point; thence North twenty (20) degrees seven (?) minutes West along the eastern line of Lot No. 8, as shown on the said Plan. one hundred sew enty-four and forty-five hundredths [174~45) feet to a stake; thence North eighty-three (83) degrees five (5) minutes East /dong the southerly line of Lot No. 10. as shown on said Plan, one hundred fifty [150) feet to an iron pin at the western line of Point Ridge Drive, now known as St, Johns Drive; thence South six (6) degrees fifty-five (55) minutes East, along the western line of Point PJdgs Drive one hundred seventy (170) feet to the place of BEGIN- NING. BEING Lot No. 9 as shown on Plan of Lots, Section 1, Point Ridge Farrn, Hampden Township, Cumber- land County, pennsylvania, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 8. Page 2. HAVING thereon erected a one story brick ranch d~elhng with at- tached two car garage. BEING the same premises which George DeBoard and Ruby D. De- Board, his wife, by their deed dated April 14, 1958 and recorded in [he Recorder of Deeds Office In and for Cumberland County, pennsylvania, In Deed Book 18-J, Page 164 grant- ed and conveyed unto the Grantors herein. The above described premises are conveyed under and subject to a mortgage of record from the Grant- ors herein to Peoples Bond and Mortgage Company assigned to Mutual Life Insurance Company of New York whlch the Grantees as- sume and agree to pay according to the terms and conditions of the said mortgage and accompanythg mort- gage bond. The present balance of the mortgage is $20,899.00, set 5/ 3/78. The above described premises are also conveyed under and sub- ject to easements and restrictions of record. LOIS E, SNYDER Carlisle Bom, Cum My Commission E;~'pi