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HomeMy WebLinkAbout95-07111 \ \ , " . STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. . . : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Stratos Corporation, plaintiff In the above action, sets forth as of the date the praecipe for the writ of execution was flied, the following Information concemlng the real property located In the Borough of New Cumberland, Cumberland County, Pennsylvania, being known as 416 Fifth Street, and as more fully described In Exhibit "A" to the Praecipe for Execution, a copy of which is also attached hereto as Exhibit "A". 1. Name and address of owner(s) or reputed owner(s): Michael A. Boyer, Jr, 416 Fifth Street New Cumberland, PA 17070 2. Name and address of defendant(s) In the judgment: Michael A, Boyer, Jr, Diane Byers (Boyer) 416 Fifth Street New Cumberland, PA 17070 Attomey of record In underlying judgment: Robert L. Buzzendore, Esquire Robinson & Geraldo 4407 North Front Street Harrisburg, PA 17110 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Stratos Corporation Dale Yingst Box 7 Hlghsplre, PA 17034 (Plaintiff In the within matter.) AlIldlvll Pursuant 10 Rule 3129.1 Page 1 of2 . -~:'f""<-''I-::i''".;~i.''~:'~~'':j~:--'''''_.:-'; 4. Name and address of the last recorded holder of every mortgage of record: Equity One, Incorporated 340 East Maple Avenue, # 304 Langhome, PA 19047 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record Interest In the property and whose Interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any Interest In the property which may be affected by the sale. Diane Byers (Boyer) 416 Fifth Avenue New Cumberland, PA 17070 I verify that the statements made In this affidavit are true and correct to the best of my personal knowledge or Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. Date: 7r"~~~''''''7 9, I?~,r .f /tJ - >4 Ste en D. Tiley, Esquire Attomey for Plaintiff, 5 South Hanover Street Carlisle, PA 17013 (717) 243.5838 Supreme Court 1.0, No,: 32318 AffIdavtt PurauanllO Rul. 3'20.' Pogo2ol2 ~ 1.0 .... (:) (-- is c.; '- SQ :::)~, C):s.=:; Q - u"- -- <:f. J_;::: c.... C1-.,j ~fl '.r~ en ::~.t1 -.... u. I _J,.. - ft!U c::> iliifj r- w ~a. - u.. \' I,!. -: 1.0 :::> 0 0' u ) I ~ . .\ .J PARTIAL RETURN , Stratos Corporation vs Michael A. Boyer Jr. and Diane Byers In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 95-7111 Civil Term Steve Whisler, Deputy Sheriff, who being duly sworn according to law, says on March 27,1996 at 1,04 o'clock P.M., E.S.T., he posted the property of Michael A. Boyer Jr. and Diane Byers at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania with a copy of Real Estate Writ Notice Poster and Description according to law. Wesley Cook, Deputy Sheriff, who being duly sworn according to law says on March 5, 1996 at 12.19 o'clockP.M., E.S.T., he served true copies of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit. Michael A. Boyer Jr. by making known unto Diane Boyer Wife of Michael A. Boyer Jr. at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. Wesley Cook, Deputy Sheriff, who being duly sworn according to law, says on March 5, 1996 at 12.19 o'clock P.M., E.S.T., he served true copies of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit: Diane Byers by making known unto Diane Byers (Boyer) at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on April 4, 1996 at 1.00 o'clock P.M., E.S.T. he served true copies of Real Estate Poster in the above entitled action upon one of the within named defendants, to wit. Michael A. Boyer Jr. by making known unto Diane Boyer Wife of Michael A. Boyer at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her persoally the said true and attested copies of the same. Timothy Reitz, Deputy Sheriff who being duly sworn according to law, says on April 4. 1996 at 1.00 o'clock P.M., E.S.T., he served true copies of Real Estate Poster in the above entitled action upon one of the within named defendants, to wit: Diane Byers by making known unto Diane Byers (Boyer) at 416 Fifth Street, New Cumberland Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ. Notice Poster and Description in the following manner. The Sheriff mailed one of the within named defendants. to wit. Michael A. Boyer a notice of the pendency of the action by regular mail to his last known address at 416 Fifth Street, New Cumberland. Pennsylvania 17070. This letter was mailed under the date of April 8. 1996 and was never returned to the Sheriff's Office. R. Thomas Kline. Sheriff, who being duly sworn according to law. says he served the above Real estate Writ, Notice Poster and Description in the following manner. The Sheriff mailed one of the within named defendants, to wit. qiane Boyer a notice of the pendency of the action by regular mail to her last known address at 416 Fifth Street, New Cumberland Pennsylvania 17070. This letter was mailed under the date of April 8. 1996 and was never returned to the Sheriff's Office. ........'l"~ . .- .. -. .' 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, pennsylvania on June 5, 1996 at 10.00 o'clock A.M., E.D.S.T., and sold the same for the sum of $1.00 to Attorney Stephen Tiley for Stratos Corporation, Its successors and assigns. It being highest bid and the best price received for the same stratos CorporatioQ Its successors and assigns at P.O. Box 7, Highspire, Pa, 17034 being the buyer in this Execution paid Sheriff R. Thomas Kline, the sum of $1,018.15, it being poundage stamps etc. On June 14, 1996 we received a ltter from Attorney Stephen Tiley saying that Mr. Michael Allen 80yer Jr. has filed bankruptcy on June 7, 1996 and we were not to file a deed. Sworn and subscribed to before me t ay of @..e.(~1.LVl.1996 So answe~:'p' ',' . R. C:!f:::~~j~~:~;:'~": by () "1tta ;;U,'I/n'l- Real Estate Deputy - . STATE OF PENNSYLVANIA, COUNTY OF CUMBll,RLANn } II. Robert I' Z lelller I, ________0000_......__. _ __n_......_n... _u_. __ _______u___..nnnnnn_..__ R.cord.r of. Derd. In and for uld County Ind SIAlr do hr",hy .rrtl'y Ihal Ih. Sheri".. Deed In which _00_______..__00 ____u.~!_t;.'!~~_"__ll~!p..'~r~_t_I.'?~I.......m_.m__. ._.__.__....m...mum________nls the grantee 5th the urn. hAvlnll hem .old In .ald IIrl"lr. 0" Ih. _00.._00___..____.__..______.._________________ day of _.lvAA____._____.n_u_u__u._______.__ A.I),. III u_211.., undrr And hy virtu. of a wrlt____n_n_____ Execution 9th uu____n_nu__._.._____.Uh _ _ _h _. ___ __ _ _...Iuued IlI1lh. __n__n___n_______U__nn_________ day of _____uE~!'!_'!!!!'.)'U_h_____ A, II" .lV_'!__ --I 0111 of lh. Court 01 CornmAn PI... of cold County AS of Civil 95 __nu____________________.__. ___._ _ _ _. _ _ _ _ '_u un_____ n_ _0000___________00_.. T.rm, 19_00____ 95-7111 Strata. Corporation Nomber __________..__, allh. .ull or _ _ _ _ __ __ _u___ ___n_._________...___________u____________n___ _______________m ._mmn _" __ _ _ "lIaln'l_ tt )_c"I!!!.!'.1_ _~_!I_~~~!_ ..!r_.!I_I!~_!l_I_!!!.!'_A~.!'!.!!.n_____n is duly ",eord.d In Sherllr.llccd Rook No. ~~!____ ...__, 1'111' .~~ ?_n_____. IN TF.'.TII\IONY WHEREOF, I have ~to 10' my hAnd And IOAI of laid office this ___(.t:.___ day 01 m~-f!~--_----- ~)71-~;---- ---~--~~~ N01ARIAl SEAL RECOROER OF OEEOS, NCTARY PUBLIC CARLISLE, CUMBERLANO CCUNTY COURT HOUSE MY COMt.'ISSION EXPIRES JANUARY \, 1998 .0 Stratos Corporation vs Michael A. Boyer Jr. and Diane Byers In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 95-7111 Civil Term Steve Whisler, Deputy Sheriff, who being duly sworn according to law, says on March 27,1996 at 1.04 o'clock P.M., E.S.T., he posted the property of Michael A. Boyer Jr. and Diane Byers at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania with a copy of Real Estate Writ Notice Poster and Description according to law. Wesley Cook, Deputy Sheriff, who being duly sworn according to law says on March 5, 1996 at 12:19 o'clockP.M., E.S.T., he served true copies of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit. Michael A. Boyer Jr. by making known unto Diane Boyer Wife of Michael A. Boyer Jr. at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. Wesley Cook, Deputy Sheriff, who being duly sworn according to law, says on March 5, 1996 at 12:19 o'clock P.M., E.S.T., he served true copies of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants, to wit. Diane Byers by making known unto Diane Byers (Boyer) at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on April 4, 1996 at 1:00 o'clock P.M., E.S.T. he served true copies of Real Estate Poster in the above entitled action upon one of the within named defendants. to wit: Michael A. Boyer Jr. by making known unto Diane Boyer Wife of Michael A. Boyer at 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her persoally the said true and attested copies of the same. Timothy Reitz, Deputy Sheriff who being duly sworn according to law, says on April 4, 1996 at 1:00 o'clock P.M., E.S.T., he served true copies of Real Estate Poster in the above entitled action upon one of the within named defendants, to wit. Diane Byers by making known unto Diane Byers (Boyer) at 416 Fifth Street, New Cumberland Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ. Notice Poster and Description in the following manner. The Sheriff mailed one of the within named defendants, to wit. Michael A. Boyer a notice of the pendency of the action by regular mail to his last known address at 416 Fifth Street, New Cumberland, Pennsylvania 17070. This letter was mailed under the date of April B, 1996 and was never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real estate Writ, Notice Poster and Description in the following manner: The Sheriff mailed one of the within named defendants. to wit: Diane Boyer a notice of the pendency of the action by regular mail to her last known address at 416 Fifth Street, New Cumberland Pennsylvania 17070. This letter was mailed under the date of April B, 1996 and was npver returned to the Sheriff's Office. R. Thomas Kline, Sheriff. who being duly swron according to law, says that after due and legal notice had been given according to law, exposed the wtihin described premises at pUblic venue or outcry at the Court House, CarliBle, Cumberland County, Pennsylvania, on June 5, 1996 at 10.00 o'clock A.M.. E.D.S.T., and sold the same for the sum of $1.00 to Stephen Tiley Attorney for Greylag Corporation at 2100 West Harrisburg Pike, Middloton, Pa. 17057 their heirs and assigns. It being highest bid and the best price received for the same Greylag Corporation ItB successors and asaigns at 2100 West Harrisburg Pike, Middleton, PA. 17057 being tho buyer in this Execution paid Sheriff R. Thomas Kline the sum of $1,018.05 it being poundage stamps etc. Sheriff's Coss listed below. See attached distriubiton sheet for additional costs. On June 14. 1996 we received a letter from Attorney Stepehn Tiley saying that Mr Michael Allen Boyer Jr. has filed bankruptcy on June 7, 1996 and we wore not to file a deed. On October 7, 1996 0 Order was signed that the bankruptcy was dismissed for failuro to file tho required documents and otherwi'e comply with the Order of Court date June 10, 1996 The order signed by Robort J. Woodside Bankruptcy Judge. Order is hereto attached. Deed was preparod on October 14, 1996 and returned to Stratos Corporation n Pa. Corporation at P.O. Box 7, Highspire, Pa 17034. Sheriff's COStSI Docketing Poundage Posting Bills Advertising Acknowledging Doed Auctioneer Law Library County Miloage Cert Mail Postpone Sale Levy Surcharge Diat. of Proceeds 30.00 19.96 15.00 15.00 30.00 10.00 .50 1.00 19.04 3.50 15.00 6.00 25.00 190.00 Pd. by Atty. 6-5-96 Sworn and subscribed to before me 1996 So answe.!Ss;;,,/' -' ~"..., ?~ ;'";-';--., ~. ;. R. Thomas Kline, Sheriff Ihl~J"'" doy 0': (j.a.~ ....... C. 'nt,el...... ~ . Prothonota~y '/I'~' ..' #'. ..~ ". ..". . by r '.U..l..ct.,O flOO/n'L- De uty Sheriff \S-Vo'-- "IV (v l,..~u 3" ~u CIe- / ,?'o' '-' \., ,;...". .. , . STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM vs. MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Stratos Corporation, 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 propeny located in the Bo.'ough of New Cumberland, Cumberland County, Pennsylvania, being known as 416 Fifth Street, and as more fully described in Exhibit "A" to the Praecipe for Execution. a copy of which is also attached hereto as Exhibit MAn. 1. Name and address of owner(s) or reputed owner(s): Michael A. Boyer. Jr, 416 Fifth Street New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Michael A. Boyer, Jr, Diane Byers (Boyer) 416 Fifth Street New Cumberland, PA 17070 Attorney of record in underlying judgment: Robert L, Buzzendore. Esquire Robinson & Geraldo 4407 North Front Street Harrisburg. PA 1711 0 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Stratos Corporation Dale Yingst Box 7 Hlghspire, PA 17034 (Plaintiff in the within matter,) AtlidaV\1 PUflUlnllo Rute 3129.' Page I 012 4. Name and address of the last recorded holder of every mortgage of record: Equity One, Incorporated 340 East Maple Avenue, # 304 Langhome, PA 19047 5. Name and address of every other person who has any record lien on the property: None. 6, Name and address of every other person who has any record Interest In the property and whose Interest may be affected by the sale; None, 70 Name and address of every other person of whom the plaintiff has knowledge who has any Interest In the property which may be affected by the sale, Diane Byers (Boyer) 416 Fifth Avenue New Cumberland, PA 17070 I verify that the statements made In this affidavit are true and correct to the best of my personal knowledge or Information and belief, I understand that false statements herein are made subject to the psnalties of 18 Pa,C,S. ~4904 relating to unswom falsification to authorities, >4 ,..f. Ste en 0, Tiley, Esquire Attomey for Plaintiff. 5 South Hanover Street Carlisle, PA 17013 (717) 243.5838 Supreme Court 100, No.: 32318 Date: 7r"~"""''''''7?' /?PII' t. Affldl.vtl PurtUllnt 10 Rule 3129.1 Plgo 2012 va. . . : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM . , STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNT~ : PENNSYLVANIA MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2 Commonwealth of Pennsylvania: : ss, County of Cumberland Stephen D. Tiley, Attorney for Stratos Corporation. Plaintiff In the above captioned action, being duly swom, says: 1, The premises which is the subject of this action is the real estate known as 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania 17070, A complete description Is as follows: ALL THAT CERTAIN piece or parcel of land situate In the Borough of New Cumberland. Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of 5th Street which point Is 125 feet East of the Southeasterly corner of 5th Street and Geary Avenue; thence along the southerly line of 5th Street North 80 degrees 15 minutes East 25 feet to a point; thence South 9 degrees 45 minutes East 140 feet to a point on the NMherly line of Miller Avenue; thence South 80 degrees 15 minutes West 25 feet to a point; thence North 9 degrees 45 minutes West 140 feet to a point, the Place of BEGINNING, BEING premises known as 416 Fifth Street. NotICe 01 Sale of Real Eltale Undor PA n c P. 3129 '1 PIgelof3 UNDER AND SUBJECT, NEVERTHELESS, to all rights of way. easements, restrictions and/or conditions of record. BEING the same premises which Wendy L. Knight, single person, by deed dated October 3, 1995 and recorded November 3, 1995, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Book 130, Page 878, granted and conveyed to Michael A. Boyer, Jr,. married man, 2. The Improvements situate on the premises consists of a single-family residence, 3, The judgment of the Court on which this sale Is being held Is entered to 95-7111 Civil Term, 4, The name and address of the owner or reputed owner of the premises is Michael A, Boyer, Jr" whose addless is 416 Filth Street. New Cumberland, Pennsylvania 17070, who is one of the Defendants in this matlero The Defendant, Diane Byers (Boyer) whose address is also 416 Filth Avenue, New Cumberland, Pennsylvania 17070, may be an equitable owner or have an equitable Interest in the said real estate, 5, The time and place of the Sheriff's Sale is June 5, 1996 at 10:00 A. M., prevailing time, at the County Commissioner's conference room on the second floor of the new Cumberland County Courthouse, Carlisle. Pennsylvania, NOTICE OF SCHEDULE OF DISTRIBUTION 6, A Schedule of Distribution will be filed by the Sheriff on the date specified by the Sheriff not later than Thirty (30) days alter the Sheriff's Sale, and that distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. NOIIce 01 Silo 01 noal Ellale Undo, "" n c p 3129.2 Page 2013 You should take this paper to your lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal advlceo 7-t'I>,.:.,,,,,',7 ~ ,9yt' Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240.6200 ~/.':7 . -........;"'f"." p I} Step en 0, Tiley, Esquire ' Attorney for Plaintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Supreme Court 1.0, No.: 32318 Sworn to and subscribed before me this ~ day of February, 1996 ~~,.. Nota' Public ~OTARIAL W,L '3I'STA KING. ~OTARY PUBLIC C."USLE. CU\l~,R"'~O COUNTY 'A Ltl.w CCUJ.4I~~'?" .~l~'~f~ ~ll.~E_ ~ tggs Nolle, 01 saJo 01 Rul ElIII. Under PA. R.C.P. 3129.2 '.ge 301 3 IN THE UNITED STATES BANKRUPl'C'{ COURT FOR THE MIDDLE DISTRlm' OF PENNSYLVANIA IN REI Vs. : : : CASE NO. : : I : I I I I I I I I CHAPl'ER 13 1-96-015 -~"'~;". - 'I.LE D: tarr;abUrl. "" ;;;",~'(t 1M '- - ....tl.~M. "tl;r!-lI' ":"(~.t .n , "( '-~ ' t,."r OCT ..' '. fOG/) MICHAEL ALLAN BOYER, JR. Debtor STRATOS CORPORATION Movant MICHAEL ALLAN BOYER, JR. Debtor-Respondent 'I~A~ Pel =-- Clot!<., L'1o Domlon.pcoy Cotort . De am CHARLES J. DeHART, III, ESQUIRE Trustee-Respondent At Harrisburg, this ORDER ~ day of ()~t;jJh ~ 1996 AND NOW, upon consideration of the Motion of Stratos Corporation, there being no Answer filed thereto, and good cause being shown, it is; ORDERED that the Chapter 13 case of the Debtor, Michael Allan Boyer, Jr. be and it hereby is dismissed for failure to file the required documents and otherwise comply with the Order of Court dated June 10, 1996. By the Court: /I, l!oIMlrt I. "",,,.,rt. Robert J. Woodside Bankruptcy Judge :.<o~ (>01 PROOF OF PUBLICA TJON OF NOTICE IN CUMBERLAND LA W JOURNAL (Under Act No. 587. upproved Muy 16. 1929). P. L.1784 STATEOFPENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthnl, Esquire. Editor of the Cumberlllnd LlIw 10umlll. of the County nnd SUIte IIforesllid. being duly swom.lIccording to IlIw. deposes und slIYs thlltthe Cumberlund Lnw Joumlll. u leglll periodiclll published in the Borough of Cur lisle in the County und SUIte IIforesuid. WllS eSUlblished JlInunry 2. 1952. IInd designuted by the locul court.~ lIS the officiul legnl periodiclll for the publiclltion of IIl1legul notices. lInd hils. since JlInunry 2. 1952. been regulnrly issued weekly in the sllid County. lInd thlltthe printed notice or publiclltion lItUlched hereto is eXlIctly the slime lIS WlIS printed in the regulllr editions und issues of the sllid Cumberlnnd LlIw Joumlll on the following dllteS, viz: APRIL 12. 19.26. 1996 Affillnt further deposes thllt he is uuthorized to verify this stlltement by the Cumberlllnd Lnw Joumw. IIleglll periodiclll of genernl circulution. und thllt he is not interested in the subject mlltter of the IIforesllid notice Dr IIdvertisement. IInd thlltlllllllleglltions in the foregoing sUltements lIS to time. place nnd chllrllcter of publication lire true. Il&AL aTA1I\ IAl.& NO, II ~I}~/lr- Roger M. Morgenthul. ditDr Wrtt No, 95-7111 CIvil Stralos CorpomUon YlI, MIchael A. Boyer. Jr, and DlaneByera Ally,: Slephen D. TIley ALL ntAT CERTAIN piece or par' cel of land sUusle In lhe Borough of NewCumberland. Cumberland Coun. Iy. Pennsylvanla, more partJcularly bounded and descrtbed aa foUawa, 10 wtl: BEGINNING at a point on the BOulherly line of Slh Street whlch polntla 12S feet East of lhe Soulh. eaalerlycornerofSlh Street and Gewy Avenue: lhence along lhe BOutherly UneofSlhSlreelNorthBOdegreea IS minutes Eaat25 feel to a poInt: thenre 5oulh9degreea45mlnuleaEasl140 r~l to n point on the Northerly IInf' SWORN TO AND SUBSCRIBED before me this 26 dllyof APRIL . )996 LJ/qUJ fl'~ud Notary NOrNllll. SEAL llEAlENE II.IRHEVX.\ ......., P\liIic CIIII~, ClInCIoIIW CoInj. p~ My~E_"" . .. .0 )Of' "..' PROOF or<' PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Umler Act No. 5R7. approved May 16, 1929). P. L,I7R4 APRIL 12. 19.26. 19Y(i Jl&AI.IlITA11l IIAL& NO, S Wrll No. 95.7111 Civil Strntos CorpomUon VlI, Michael A. Boyer. Jr. and Diane Bye... Ally,: Stephen 0, TIley ALl. THAT CERTAIN piece or par' cel of land sltuale In the Borough of NewCumberland, Cumberland Coun. ty. Pennaylvanta. more parUcularly bounded and deacrlbed os foltawa. to wtt: BEGINNING al a polnl on the BOutherly line of 5th Street which polnl" 125 leel Easl of the South. ensterlycomerof5th Streeland Geary Avenue: thenee along the BOutherly Une of 5th Streel North eo deltJ'=l15 mlnulea Ensl 25 feel 100 polnl: thence South 9 degrees 45 mlnul.. Easl140 _ (eet to a polnl on th~ Northt!rI\' If",. of Miller Avenue: thence South 80 degrees 15 mlnut.. Weat 25 feel 10 a point: Ihence North 9 de~ 45 mlnut.. Weal 140 fect 10 a polnl. Ihe Place of BEGlNNINQ, BEING prem.... known no 416 I'IRh Street. UNDER AND SUBJECT, NEVER. TlIELE5S. 10 alt rights ofwny, eo... ments. rratr1cllons nOli/or condlUons of reeonl, BEING the sanle p~mtses which Wendy L. Knight, single pe"",n, by deed daled October 3, 1995 and no. conl.d N"""mber 3, 1995. In tho Of. nee of lhe Recorder or Dt't'ds In Rnd for Cumht'rland County. lJenn!tylvn- nln. In Book 130. Pil~ H7H.lVnn1("(t And (,on\-cyrd 10 Mlrhurl A. nuyer. Jr.. mnmn:ll1Ian. 55. Roger M. Morgenlhol, EsquIre, Editor of the Cumberland Luw Journal. of the County and Slllte aforesaid. being duly sworn, according III law. deposes and says that the Cumberland Law Journal. a legal periodical published in the Borough of Carlisle in the County and State aforesaid, wu.~ eSlllblished January 2. 1952. and designated by the local courts u.~ the official legal periodical forthe publication ofulllegal notices, and has, since January 2, 1952. been regularly issued weekly in the said County. and that the printed notice or publication aUached hereto is exactly the same us was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates. viz: STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : 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 mailer of the aforesaid nDticc or advertisement. and that all allegations in the foregoing sllltemen18 us to time. p)ace and churocter of publication are true, ~1~A- Roger Mo Morgenthul. ditor SWORN TO AND SUBSCRIBED before me this 26 day of APRIL . 1996 l1lqY.1cl:.2/1~~ Notary NOTARIo\L &fAL MEAlENE IlARHEVKA NeIlly PIIIIiI: CIlIW._CoInY. PI. CammlIoIon E_'" '" . . ...... Proof of Publication of Notlte In The Patriot and The Evening News and The Sunday Patriot-News Vader Act Ko, 1181, Arprond ~I., Ill. Ir.llI, Cemmtnlwealtll 01 Penn.lI/vnnia. } COlmtl/ 01 Dal/phin RR: ........,.......................I',~!t,b,~!:.J....l:l.Rf.*,9.!:-:....,..,..........,....beIng duly sworn according to law, deposea and says: Asst. Controller That he lithe ...............,............of THE PATRIOT - ~EWS CO,. a corporation organized and exlltlng under the law. of the Commonwealth of Penns)'lvsnla, with Its principal office and place of buslnels at 812 to 818 Market Street, In the City of Harrl.burg. County of Dauphin, State of Pennaylvanla. owner and publllher of THE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT. NEWS newlpapers of general circulation, printed and published at 812 to 818 Market Street. In the City, County and State aforesaid: that THE PATRIOT and THE EVENING NEWS and tha SUNDAY PATRIOT. NEWS were established March 4th, 1854. and February 16th. 1917 and September 18th, 1049. respectively. and all have been continuously published ever since; That the printed notice or publication which la securely attached hereto Is exactly as printed and publllhed In their rel'llllr Jdltltnii a\'inJiuea which appeared on the },~,~~!.....~,~o;,~,!....~,~!?:..,~,?,!,~.... days of April 1996. ........................................................................................................................................................................................ That neither he nor said Company Is Interested In the lubject matter of said printed notice or adver. tlslng, and that aU of the allegations of thla statement as to the time. place and character of publication are true; and That he haa ~raonal knowledge of the facta aforesaid and Is duly authorized and empowered to verify this atatement on behalf of The Patrlot.News Co. a relaid by virtue and pursuant to a resolu- tion unanimously PUled and adopted severally by the st! kders and board of directors of the said Company and lubsequently duly re.:orded In the office for th ar~ln OfGeds In and for aald Count)' of Dauphin In Mi",ollanoouI Book "MOO, Volumo II. PI.O :117. ~ '. CoPY_Of Notice or Publication ......................,.......... ... .......... .' ~'(r.u'~......~... . .............. la'A'. wa ... ~ I . : -~!So7ll1 Sworn to and subscribed re me la.. ~3, .....dayof ~ _,"'" / :,< - c:..,....., .....1:1ilY......, N" ' / " A.,7 e{' ~ . '....... A. .... ';,1IllI Dlano .,.. Tlmrl::~ ~...::; i';~~;:';::";"'''''':';'' 0( . _" ....... D, no, Hanistlurv.O.\lIlhitI 1 NotlJl"I/ Pubhll ~ ~!.CllTMI"'" ........ 01.... M mtniWQn Eapiros June 6. 199a :c=::.:: ........ 01 - CL ........4. Y com ....0....'...... ~:1-=.~~.~ Stat';;nt of Advertising Costs :, WOlNNIHO .. . ..... ... Iho -...., ...01___........125...._/ :lIOllo ..... I It _ 01 SII_1IllI ~==..'=~":.~ ;;i;i..25...Io.......,__, ~Q___,*'....Io....... fi ~ Ilno 01 Mln.. A_I - 10..... IS -. w.. .... .. a ,.,." ...... _ '.... I _ W... 1010 .... .. . ......... ' ~.. .o....eL i o. II1HO __ ~ . 41' '"'" . SALE #3 c:.umbexJ.and",Cau.n.ty,..Sh.or.i.f.f.s..,Of.fice Ca J;",l.i.I>,l,'i\.."....P.lI,., ",...l.:l,l\.l.. ~"..,.,',......,.."...,......o.. To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates. $..........?,?7.,',Q,9..., Probating same $..............,~..:,~,\l.,.. 29B.OO Total $..........,................, Publisher's Receipt for Advertising Costs THE PATRIOT-NEWS CO,. publisher of TilE PATRIOT and THE EVENING NEWS and the SUNDA Y PATRIOT-NEWS. newspapers of general circulntion. hm'eb)' acknowledlle recerpt of the aforesaid notice and publication cosls and certifies that the same have been duly paid, TilE PATRIOT-NEWS CO, Ry ........,.......................,....,...,.............,..........,...,.............. , , , ... Proof of Publication of Notlte In The Patriot and The Evening News and The Sunday Patriot-News V.d... Act Ilo. lII1, A~pro<ed )Ia, II. Ir.llI, Commll1lweallh 01 Penn,"/vnnia,} 0 COllntll 01 Dal/pllin II. ..........,..............,.....,t1,tg.bil\!;',,\,..l:l.g!.~.'?l!(..,............,......,belnlr duly sworn IU:cordlng to law, deposes and says: Asst. Controller That he Is the ...............,....,....,..of THE PATRIOT - NEWS CO,. a corporation organized and existing under the laws of the Commonwealth of Penns)'lvanla. with Its principal office and place of business at 812 to 818 Market Street, In the City of Harrl_burg. County of Dauphin. State of Pennsylvania. owner and publisher of THE PATRIOT and THE EVENING 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 1'HE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT. NEWS were established March 4th, 1864. and February 15th, 1917 and September 18th, 1049, respectively, and all have been continuously published ever since: That the printed notice or publication which Is securely attached hereto Is exactly aa printed and bl h . .Me.tro Wo,!st 16th, 23rd, and 30th pu Is ed In their regular I""..mns alla ISlues which appeared on the .........,..................,........,..................., days of April 1996. ........................................................................................................................................................................................ That neither he nor said Company Is Interested In the subject matter of said printed notice or adver. tlslng, and that aU of the allegations of this statement as to the time, place and character of publication are true: and That he haa personal knowledge of the facta aforesaid and Is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, a resaid by virtue and pursuant to a resolu. tlon unanimously passed and adopted severally by the stIi kders and board of dlrectora of the said Company and subsequently duly re.:orded In the office for th ~In OfGedS In and for said County of Dauphin In MI..,e1I.n.ou. Book "M"o Volum. II, P.~. 317, Copy of Notice or Publlcatlen ..,...........................,.. ,.. ,......... . ~UU~....,..~,.. . ....,........' 11M. .fI'''' MLI .... I , : WIll ~ "'71\1 Sworn to and subscribed re me Is ,.,.13, .....day of . -~ // :. '. - c.~..... .....1:1il.Y...... N / 'L A ~I/;O h~- . , W ,/ L~" c. :: ....... A. ..,.,. It, ... _ ..... 1\mr1::'" ...'? ,..~.. ','......,......:.." .. '. ,.,,'........ D, TIor H_'ll, D:lUllhin ~ Nota"" Public ~ AIl1llAY ClllYAlH................... M com CommiUO E.piras June 6. '99S ==..... ............... c..........04. Y _ ,,-, t\Qoil ................ ~5':='':-~.~ Statement of Advertising Costs .; _NNINO... polnt III ... -rlr ......... - _...... II 125 ........ )f)Iw- . 11_"''''_''' ~-,_.....""'~ ,.. .. ... - _ 10 ....... I' ...... _..25.............,__, ,..... 4.S _... 1010............. .... ... ~ Ilno .. Mil... A_, ~ _10 ~ 15 ml_ WtII .................,--'.... ... __ Wool 1411 '"' .. . ....... "'" ,...... -- ~: IIING _1_ bow!! . .,. PlfIll .-. UNOII AND SUOlICT. NMIIHIlISS .. ...rit.... ....,., ............ ,~Id~' ,.......-..- r' R · f Ad a · C ~~~:.t' s ecelpt or vertlslng osts ri'. ,", ... - -~ , ..._............... publisher of TilE PATRIOT and THE EVENING NEWS and the !: .:'...-: . .....c.o..,; r ,1_ "..papers of gcncral circulation. hCl'eby acknowJedge receIpt of the s "':"''":':'~'T 171,......... . costa and certifies that the same have been duly paid, -, ..,."It~_ TilE PATRIOT-NEWS CO, ...... --.-...... CUlllbexJ.and",CoWl,ty...Sh.er.i.f .fs...Of.f.i.c.e Ca J;',J..i.ll,J.,'i:~...."I?1\,.,.....J.:U!.l,J...,..,..............,..,........ To THE PATRIOT.NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates . $..........?,n,d!.9.... Probating same $..........,....!.:,~,~.... 298.nO Total $,........................,.. 8y .......................................................,............................. WAIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 95-7111 CIVIL 19_ CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND COUNTY: Stratos Corporation To satisfy the debt. Interest and costs due PLAINTIFF(S) fmm Michael A. Boyer, Jr,. and Dianc Bycrs, 416 Fifth St., New Cumberland PA 17070. DEFENDANT(S) (1) You are directed to Jevy upon the property olthe defendant(s) and to sell Real estate situate in the borough of New Cumbcrland, Cumberland Co. PA being known as 416 Fifth St., and as more fully described in Exhibit "A" attached hereto. (2) You are also directed to attach the property of the delendant(s) not Jevled upon In the possession of GARNISHEE(S) as lollows: and to notKy the garnlshee(s) that: (a) an attachment has been Issued; (b) the gamlshee(s) IS/are enjoined lrom paying any debt to or lor the account 01 the defendant(s) and Irom delivering any property 01 the defendant(s) or olherwlse disposing therool; (3) II property olthedelendant(s) notlavledupon an subject to attachment Is lound In the possession olanyoneolher than a named garnishee. you are dlractedto notny hlmlherthat he'she has bean added as agarnlshee and Is enjoined as above staled. Amount Due $2,521. 60 Interest thru 1/31/95 $14.04 Atty's Comm % Atty Paid $31.75 Plalntnf Paid Dale: February 9, 1996 L.L, Due Prolhy Other Costs $.50 $1.00 Lawrencc E. Welker Prolh ala . Civil Division . by: / REOUESTJNG PARTY: Name Stephen D. Tiley, Esq. Address: 5 S. Hanover St. Carlisle PA 17013 Attorney for: Plaint iff Telephone: (717) 2343-5838 SupremeCourtlDNo. 323t8 Deputy REAL l:S';IIOj' ~:: ~/.LE No. 'I .' , . ., '. U\" ",' . ;..1 "'. .\ 11\.': ','; . r, .-.' .,' :. ,. "-" >.. - . On..3~ /5,/1')' f. tho sheriff lev/ad upon the dafDn~c;j.. : Interost In the real proporty sltuutcd In Th..J Qu,.,4..Pll4<J) k", Gl'm""r:I!.!!'Igp d",c C~l'l~ tv I'" I.,.."..,..., ,., .... '" .,.._,j ~'" 9i','!.j::y~ ~. "~.t t.,,'~'.. ..'" 1'.~:I:~ ....~It....I. '"YI_ ,fl. ' .Il ^_J..:>. ,: .... ;. -;'::"1' ..~.. fl'led \"". ~-~~ . ".. L., .....; 1\ ,. \.t.. th!s ~ril Qlli.! uy IIl1S rt-;iertinc'J Inr.,:j;::~a:('d IWf;:iil. D3tlt: ~./,!J'.'i" By:(Ll~ ~. aAvn- ~& .~ l.aF'.lt VINV,\1).SHN3d 31S'lHVO 96. J/V so i 51 OJ A.Ill...., . JiJrJO ~"'~3HS 31U ~o 3~I:UO ". I.... SALE NO. 3 $1.000.00 Advance Costs Pd. Atty. I Stephen Tiley Assessed Valuation $3,350.00 WRIT NO. 95-7111 Civil Term, 199 Stratos Corporation vs Michael A. Boyer Jr. and Diane Byers 416 Fifth Street New Cumberland, Pa. REAL DEBT INTEREST thru 1-31-95 ATTY'S COMM. WRIT COSTS, ATTY. WRIT COSTS, PLIFF ESCROW LATE CHARGES 2,521.60. 214.04. 31. 75 SHERIFF'S COSTS. DOCKETING POUNDAGE POSTING BILLS ADVERTISING ACKNOWLEDGING DEED AUCTIONEER LAW LIBRARY COUNTY MILEAGE MONEY MADE WRIT CERT MAIL POSTPONE SALE LEVY SURCHARGE Distribution of Proceeds 30.00 f~:88 15.00 30.00 10.00 .50 1.00 19.04 3.50 15.00 6.00 25.00 Leg/ll Search ADVERTISING LAW JOURNAL PATRIOT SHARE OF BILLS DEEDS 200.00 298.00 40.64 Sheriff's Deed 24.50 Federal Stamps Po. Realty Transfer Twp Realty Transfer TAXES 1996 Taxes Boro County & Lib Sewer and Trash 182.42 92.99 IN 'nlE axJRl' OF ~ PlEAS OF ClJmERLANI) CXXJHn', PiH6YLVANIA CIVIL DIVISI~ file No. 95-7111 Civil Term I lvrount Due 2.521.60 STRATOS CORPORATION, PlainUCC vs. MICHAEL A. BOYER, JR. and DIANE BYERS, Interest lAtty's Comn I Costs 14.04 /throllih 1131/961 N/A 14.25 DeCendants TO THE PROlliOOOl'ARY OF THE SAID COURTI The undersigned hereby certifies that the below does not arise out of a retail instalJmmt sale, contract, or account based on a confession of judgnent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended: and for real property pursuant to Act 6 of 1974 as amended. PlWX:lPE FOR EXEX:I11'I~ Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Real estate situate In the Borour!h,_oC New Cumberland. Cumberland County, Pennsylvania, being known as 416 Firth Street, and as more Cully described In Exhibit "A" attached hereto. PRAEX:IPE FOR ATl'JI(B1EN1' EXEx:t11'I~ Issue writ of attacment 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 six copies of the description: supply four copies of lengthy personalty list) NIA . .' 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 estate of the defendant(s) described in the attached exhibit. ~/ Signature I I"",,#h- ,,0. 7 ~I Print Name I Stephen D. Tiley DATEI February 7,1996 Address I fi Rnnth HAnnVAr Strpp.t Carlisle. P A 17013 Attorney forr PlaintlCC Telephone I (717) 243-5838 SUpreJre Court ID No. I 32318 i ... Notes I If reel property, supply aix copies of deacription including inprovements a.nd an originAl and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, aupply four copies of list. To index writ, file aeparate praecipe with writ. . , '-. . va. : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNT~ : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM STRATOS CORPORATION, Plaintiff MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants EXHIBIT "A" PRAECIPE FOR EXECUTION ALL THAT CERTAIN piece or parcel of land situate In the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEING premises known as 416 Fifth Street. BEGINNING at a point on the southerly line of 5th Street which point is 125 feet East of the Southeasterly comer of 5th Street and Geary Avenue; thence along the southerly line of 5th Street North 80 degrees 15 minutes East 25 feet to a point; thence South 9 degrees 45 minutes East 140 feet to a point on the Northerly line of Miller Avenue; thence South 80 degrees 15 minutes West 25 feet to a point; thence North 9 degrees 45 minutes West 140 feet to a point, the Place of BEGINNING, UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record, BEING the same premises which Wendy L. Knight, single person, by deed dated October 3, 1995 and recorded November 3, 1995, In the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, In Book 130, Page 878, granted and conveyed to Michael A. Boyer, Jr., married man. G) ir. lO (; ~ C wO M ,.' EE~~ ::i 0'''' a: ~2! g'. ",' i.~ (~ >'; r; ~ 0\ ,5= g~ .'..., I ''J~ li: !.J.~ c..1 fro:".:; ;;~~ u, L~)rn .,- L... !:lu.. 0 t.~ :5 en U , ... \ ~ ~ e. \,Q-:::I-~ .........- ~ e- o(, ...... j ~'v. ~ ~ cjj ~ ~ ~ STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA va. . . : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants : NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2 Commonwealth of Pennsylvania: : ss. County of Cumberland Stephen D. Tiley, Attorney for Stratos Corporation, Plaintiff In the above captioned action, being duly swam, says: 1, The premises which Is the subject of this action Is the real estate known as 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania 17070. A complete description Is as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of 5th Street which point Is 125 feet East of the Southeasterly corner of 5th Street and Geary Avenue; thence along the southerly line of 5th Street North 80 degrees 15 minutes East 25 feet to a point; thence South 9 degrees 45 minutes East 140 feet to a point on the Northerly line of Miller Avenue; thence South 80 degrees 15 mInutes West 25 feet to a point; thence North 9 degrees 45 minutes West 140 feet to a point, the Place of BEGiNNING. BEING premises known as 416 Fifth Street. NOla 01 Bale 01 Real Ellale Under PA. R.C.P. 3129.2 Plge 1 of3 , . ." . , UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. BEING the same premises which Wendy L. Knight, single person, by deed dated October 3, 1995 and recorded November 3, 1995, In the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, In Book 130, Page 878, granted and conveyed to Michael A. Boyer, Jr., married man. 2. The Improvements situate on the premises consists of a slngle.famlly residence. 3. The judgment of the Court on which this sale Is being held Is entered to 95.7111 Civil Term. 4. The name and address of the owner or reputed owner of the premises Is Michael Ao Boyer, Jr., whose address Is 416 Fifth Street, New Cumberland, Pennsylvania 17070, who Is one of the Defendants In this matter, The Defendant, Diane Byers (Boyer) whose address Is also 416 Fifth Avenue, New Cumberland, Pennsylvania 17070, may be an equitable owner or have an equitable Interest In the said real estate. 5. The time and place of the Sheriff's Sale Is June 5, 1996 at 10:00 A. M., prevailing time, at the County Commissioner's conference room on the second floor of the new Cumberland County Courthouse, Carlisle, Pennsylvania. NOTICE OF SCHEDULE OF DISTRIBUTION 6. A Schedule of Distribution will be flied by the Sheriff on the date specified by the Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made In accordance with the Schedule unless exceptions are flied thereto within ten (10) days thereafter. Notb 01 Slle of Real Ellat. Under PA. R.C.P. 31211.2 P,oe 2 013 ." . ""C'__'_'N_ ........~'--'... . "..'. . . "'\ ',' , You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal advice. 'k~-""',Y ~ '"~ Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 ~~ ,7-~ ep en D. Tiley, Esquire Attomey for Plaintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Supreme Court 1.0. No,: 32318 Swom to and subscrlbed before me this ~ day of February, 1996 ~ · )/.., Nota Public NOTARIAL $(AL KRISTA KING. NOTARY PUSLIC CARlISLE. CUIolOERLJoNO COUNTY PA MY COUUISS'Ot, (l'P.qf~ JUNE 27. 'HI .....,-........ . .....~... _ 01 Sale 01 Rill Ell.l. Uncle' "'" R,C.P. 3128,2 P.O.3013 . , .' >'<e" i;; co i:: 0 - ;=: M g~i w~ Rc' C.i: r'::J' ~t~ q~~ en :~~ ~,. I r_~ - ." c:" I L~ U>. ..... ';Ju. ;, ...... ~ lJ. I':') (~l CTl U .. STRATOS CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. (tL~e_ J 0.-11'- . . . . . . . . NO. qi)- - 1/ /I , MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants PRAECIPE FOR ENTRY OF JUDGMENT To: The Prothonotary of Cumberland county: Please enter judgment in favor of Plaintiff and against Defendants for $2,440.00, plus $81.60 District Justice costs, in the above action. for ~ tot~l of $2,521.60. , 1995 Lacy ~~. 2040 Linglestown Road, suite 106 Harrisburg, PA 17110-9483 (717) 545-3132 Attorney for Plaintiff ~ 1/ C:\WPWIN60\CLIENTS\YINGST\BOYERPRA.D11 CO~MONYVEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN 'NOTICE OF JUDGMENT/TR~NSCRIPT ! 12-2-01 PLAINTIFF: ......... ADOOE88 ISTRATOS CORPORATION ' DALE YINGST BOX 7 ~IGHSPIRE, PA 17034 VB. DEFENDANT: ......... AllOAE88 rsOYER, JR., MICHAEL, ET AL. 52 TIOGA STREET LOT 12 ~IDDLETOWN, PA 17057 Docket No.: LT-0000704-94 Date Flied: 12/07/94 I .... OOolNo, DJName-Hon. , BOB,YANICH ......., 1281 S. 28th Street Harrisburg, PA .J T_ (717) 558-1160 17111-0000 I STRATOS CORPORATION DALE YINGST BOX 7 HIGHSPIRE, PA 17034 .J THIS IS TO NOTIFY YOU THAT: Judgment: [!] Judgment was entered lor: (Name) r!l Judgment was entered against: (Name) DEFAULT JUDGMENT PLTF STRATOS CORPORATION BOYER, JR.. MICHAEL In the amount 01 $ 2.521.60 on: (Dale) 12/27 /94 o Damages will be assessed on: (Date & Time) o This case dismissed WlthDut prejudice, o Possession granted, I)[l Possession granted if money judgment Is not ~ satlslled within thlrly days. o Possession not granted, o Levy Is stayed for _ days or 0 generally stayed, o Objection to levy has been IIled and hearing will be held: I DO" r"oo' Time: Amount 01 Judgmenl Judgment Costs Interest on Judgment Attorney Fees TOTAL $2,440.00 $81.60 $.00 $.00 $2,521.60 ,/ . ..-' ( I, {..__~ ANY PARTY HAS THE RIGHT TO APPEALWlTHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOnCE OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE COU F COMMON PLEAS, CIVIL DIVISION, ~Date . District Justice I certify that this Is a true and correct copy 01 the recor ~Date My commission expires first Monday of January. 2000, r . District Justice SEAL AOPC 315-95 C~~iNYIEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN . . 11'.1 .NOTICE OF JUDGMENi!T,$NSCRIPT Mag 011I No PLAINTIFF: ...... "'" """""US rsTRATOS CORPORA~IO~ . DALE YINGST BOK 7 ~IGHSPIRE, PA 17034 VS. DEFENDANT: NAOIE "'" ACOOEOS rsOYER, JR., MICHAEL, ET AL. 52 TIOGA STREET LOT 12 ~IDDLETOWN, PA 17057 Docket No,: LT-0000704-94 Date Flied: 12/07/94 ..J OJ Name Hon 12-2-01 .... ..." ., BOB,YANICH Add,"' 1281 S. 28th Street Harrisburg, PA ..J , T...,...,., (717) 558-1160 17111-0000 ., STRATOS CORPORATION DALE YINGST BOX 7 HIGHSPIRE, PA 17034 THIS IS TO NOTIFY YOU THAT: Judgment:: " \ [!] Judgment was entered lor: (Name) [!] Judgment was entered against: (Name) DEFAULT JUDGMENT PLTF STRATOS CORPORATION BYERS, DIANE In the amount 01 $ 2.521.60 (Date) 12/27/94 on: o Damages will be assessed on: (Date & Time) o This case dismissed without prejudice, o Possession granted, 'xl Possession granted II money judgment Is not ~ satisfied within thlny days. o Possession not granted, o Levy Is stayed lor _ days or 0 generally stayed. o ObJection to levy has been lIIed and hearing will be held: r.' r- Time: Amount DI Judgment Judgment Costs Interest on Judgment Attorney Fees $2,440.00 $81.60 $.00 $.00 $2,521.60 TOTAL ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WIT THE PROTHONOTARY I CLERK OF THE COURT F Corzo PloEA, CIVILDIVISIDN. Date , District Justice SEAL I certify that this Is a true and correct copy 01 the record of the ~Date Inlng the judgment. . District Justice My commission expires IIrst Monday of January. AOPC 315.95 Ufl T OF COMMON PL [,\5 cory 7 FILING COSTS SERVICE COSTS TOTAL cr?~~T s 18.10 s s !ii.GO 0,1 NAME AND ADDRESS NAME D.7 AND AODR E5S Vl11flQ uyer. ~Sllnfl ilS llbOVLl) ~,-rl P~IO 1 I'~ TO THE DEFENDANT: THE AaOVE NAMED PLAINTIFFCSI ASKS JUDGMENT TOGETHER wn'H COSTS AGAINST YOU FOR THE POSSESSION OF REAL PROPERTY ANO FOR: o OAMAGES FOR INJURY TO THE REAL PROPERTY, TO WIT: ~ o IN THE AMOUNT DF OAMAGES FOR THE UNJUST DETENTION OF THE REAL PROPERTY IN THE AMOUNT OF RENT REMAINING DUE AND UNPAID ON FILING DATE IN THE AMOUNT OF AND AODITIONAL RENT REMAINING DUE AND UNPAID ON HEARING DATE s s 2440.00 . : 24\O.Ot) TOTAL THE PLAINTIFF FURTHER ALLEGES THAT: 1. THE l.QCl\l'lON ANDIHE ADORESS,!!, ANY1Qf THE, (1""I-.PROPERTY ISp )l 1:10&4 street. ....t t.~. lotlclu1etowll. A 17057 7. THE PLAINTIFF IS THE LANDLORD OF THAT PRDPERTY, 3. HE LEASED OR RENTED THE PROPERTY TO YDU OR TO UNOER WHOM YOU CLAIM. 4. CJ NOTICE TO REMOVE WAS GIVEN IN ACCOROANCE WITH LAW. OR ~ NO NOTICE IS REQUIRED UNDER THE TERMS OF THE LEASE. 5. 0 THE TERM FOR WHICH THE PROPERTY WAS LEASEO OR RENTEO IS FULLY ENDED. OR o A FORFEITURE HAS RESULTED ey REASON OF A BREACH OF THE CONDITIONS OF THE LEASE. TO WIT: OR, 6 RENT RESERVED AND DUE HAS, UPON OEMAND. REMAINED UNSATISFIED, 6. YOU RETAIN THE REAL PROPERTY AND REFUSE TO GIVE UP ITS POSSESSION. Dab Yiusst I, verify thlll tho lacts Mlt forth in this. complaint are true and &;orrect to Ihu beu of mv kno~ledge. In for marion end belief. Thl. II mldesubject to tho p'!!"lIlllel 01 Section 4904 01 the Crimes Code flap..C.S. 14904) felating 10 unsworn lalsification 10 authorities. " .. "- , ,/ PlainliWs Attorney !signatUre at plalnllffl Phono Addu'" IlEARING IS SCHEDULED BY THE OISTRlCT JUSTICE AS FOLLOWS: LOCe. '[IPI\! I" 7 1 Uo!:'. 28th St., llbg.. " 111 P~7-171't4 Tfdloo pl'l IF YOU HAVE A DEFENSE to this compl.lnt you may pr..nt It a. Ih, h..ring. IF YOU HAVE A CLAIM aaainst Ihe Pl.lntiff a,lsina oul 01 the occupancy of th. premiMI. which I, within Ihe Distrlcl Justice jUlisdiclion and which you intend to """I al tIll healina. YOU MUST FILE il on ,complaint form a' lhis office DEFORE THE TIME Nt fa, ,h, hellina. IF YOU 00 NOT APPEAR AT THE UEARlNG, a judgment for poun'ion and eostt, and for da'".Qft IInl! "'"I il c1aimod. mllY nevertheless b" entered agaiOl' yo"," A judgmenl'Qilinst you lor POllOS'I"" may result in your EVICTION f,om Ih. prim I.... DATE MAILED 0.1 DATE MAILED 02 [0 1] [D21 PROOF or SERVICE OF PROCESS DATE SEI1VED 0,1 DATE SElIVED 0 2 5E1WICE ATTACHED [n 1][l) 2; NO! SUW[IJ IIII\:;ON: ~ fl. lnrMAHKS AND SUMMAIlY or ,[ lMONV MAyor flfCOnU(() ON ilU:VEHS[ SIDE. Atll'C 110 I II~} .' . , E11:)III~~:;:~:.~I~,~~~~~::~RA-:--------'---'--- -=-.-.--~~~~;E~~-r~:NTIFF- S~~~~~~~- []IJU1NDANI ", PI'EAREDATltEARI"G ~ []DEFE~NT ~J~?I~J.~-,~ I ] HIPRI51"llED BY en NOTICE OF JUOGMENT ~OSSESSION ~ ".., l2 GIVE ON (OATEI ., [.J "01 HEPRISENIED ~./. AMOUNT OF JUDGMENT $9.Y-.t""w, [J .JUDGMINI ENTERED ON (DATE C I 1.1/ff COSTS $ _fl,J".,,_ [J SIAYED (DArE! TOTAL .:!,f2/...f.!!.. [J CON IINUED 10 (DAlE & TIMEI [JPLAI~;';~'~;D NOT APPEAR o DU END""I 010 NOT APPE"~ L'J DHINOANT APPEARED AT !tEARING [J H(PRESENTED BY [J NOI HEPRESENTED [J .JUDG~'ENI ENIERED ON 10AlE o STAYED iDATEI [JCONIINUED 10 (OATE & TIMEI 2 C ;:: in c n. en o JUDGMENT [_'I PIA INTlFF FOil o DEF ENOANT NOTICE OF JUOGMENT 0 POSSESSION GIVEN ON (DATE) AMOUNT OF JUDGMENT . COSTS . "~AMEf .,."....tJ TorAL . Dlltrlct Justice . THIS IS A CERTIFlED TRUE ~L CUpy OF THIS JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN NOTICE OF JUDGMENT/TR~NSCRIPT '-I-u Ottt No 12-2-01 PLAINTIFF: .....E... AOOAEBB rs,.RATOS CORPORATION DALE YINGST BOX 7 ~IGHSPIRE, PA 17034 VS. DEFENDANT: .....E... AOOAEBB liOYER, JR., MICHAEL, ET AL. 52 TIOGA STREET LOT 12 ~IDDLETOWN, PA 17057 ODcket No,: LT-0000704-94 Date Flied; 12/07/94 .., OJ..... .... BOB YANICH -- 1281 S. 28th Street Harrisburg, PA .J '_17171558-1160 17111-0000 .., ...J STRATOS CORPORATION DALE YINGST BOX 7 HIGHSPIRE, PA 17034 THIS IS TO NOTIFY YOU THAT: ~ Judgment was entered lor: (Name) STRATOS CORPORATION ~ Judgment was entered against: (Name) BOYER, JR., MICHAEL In the amount 01 $ 2,521.60 on: (Date) 12/27/94 o Damages will be assessed on: (Date & Time) o This case dismissed without preJudice, o Possession granted, fX1 Possession granted ~ money judgment Is not ~ satlslled within thirty days, o Possession not granted. o Levy Is stayed lor _ days or 0 generally stayed, o Objection to levy has been lIIed and hcarlng will be held: - .. Date: Place: Amount 01 Judgment Judgment Costs Interest on Judgment Al10mey Fees $2,440.00 $81. 60 $.00 $.00 TOTAL $2,521.60 Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE C T OF OMMON PLEAS. CIVIL DIVISION, ~ate '. DlstriClJustlce I certify that this Is a true and correct copy 01 the record 01 the oceedlngs containing the judgment. Date . District Justice My commission expires Ilrst Monday of January. 2000, SEAL AOPC 315-94 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN . ': .. NOTICE OF JUDGMENT./TFJANSCRIPT ~ , PLAINTIFF: ..NE "'" AOOllEBB . ,; f5TRATOS CORPORAT:{ON , . , DALE YINGST BOX 7 l!lIGHSPIRE, PA "".g OIM No .., .... 12-2-01 OJ Name Hun . , .. . BOB YANICH """,... 1281 S. 28th Street Harrisburg, PA 17034 VS, DEFENDANT: ....E .... ADOOEBB raOYER, JR., MICHAEL, ET 52 TIOGA STREET LOT 12 ~IDDLETOWN, PA 17057 Docket No.: LT-0000704-94 Date Flied: 12/07/94 .J .J ToIo_, (717) 558-1160 17111-0000 AL. .., STRATOS CORPORATION DALE YINGST BOX 7 HIGHSPIRE, PA 17034 THIS IS TO NOTIFY YOU THAT: [!J Judgment was entered lor: (Name) STRATOS CORPORATION [!J Judgment was entered against: (Name) BYERS, DIANE In the amount 01 $ 2.521.60 (Date) 12/27/94 on: D Damages will be assessed on: (Date & Time) D This case dismissed withoul prejudice. D PDssesslon granted, r;[1 Possession granted II money judgment Is not ~ satlslled within thirty days, D Possession not granted, D Levy Is stayed lor _ days or D generally stayed, .. D . Objection to levy has been filed and hearing will be held: I~. r~ Time: Amount 01 Judgment Judgmenl Costs Interest on Judgment Attorney Fees $2,440.00 $81.60 $.00 $.00 $2,521.60 TOTAL l ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOTICE OF TPjL lH THE PROTHONOTARY I CLERK OF THE CO OF CO~M PLEAS, CIVIL DIVISION, /2.. 21 q Date . Dlstrlc1 Jusllce I certify that this is a true and correct copy of the record Date . Dlstrlc1 Jusllce My commission expires lirst Monday 01 January, 2000. SEAL AOPC 315.94 '. ~ S~RATOS CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants . . NO. TO: Michael A. Boyer, Jr. and Diane Byers, Defendants You are hereby notified that on .A.( r. /3 , 1995 the following Judgment has been entered ag~nst you Tn the above- captioned case: Judgment in favor of Plaintiff and against Defendants for $2,440.00, plus $81.60 District Justice costs. /)-J3'~n . - '. S ~thonotary "u CERTIFICATION OF ADDRESS OF DEFENDANTS I hereby certify that the name and address of the proper person(s) to receive this notice is (are): Michael Boyer & Diane Byers (Boyer) 416 Fifth street New Cumberland, PA 17070 Robert L. Buzzendore, Esquire Robinson & Geraldo 4407 North Front street Harrisburg, PA 17110 ~ l( , 1995 Lacy Hayes,. e 2040 Linglestown Roa , suite 106 Harrisburg, PA 17110-9483 (717) 545-3132 Attorney for Plaintiff C:\WPWIN60\CLIENTS\YINGST\BOYERNOT.D11 \-. ~ . ~- \ ' ~ ~ ~ ~ '" o(j --...... ~9- N S~ ~ ~~ j ff ~ (')::-- ~ . .;..1 c: M -"'tn '::-. E~" t.., ff( ~ ~ Lt.1 ~j~ II. l.:J 0 In ~ en . (,J . L 'r ~ \ .A ..... .~ -.I .,) i ~ ,~~ .., ~ f'l) ~ "'} - ~~.~~ f-cj~~~ ....;'.i;fl,...;:-c,.." ... '-;-""'':'',(-/1' . . STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA va. . . : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM MICHAEL A. BOYER, JR. and DIANE BYERS, Defendante AFFIDAVIT OF SERVICE AND NOW, this 16th day of February, 1996, I, Stephen D. Tiley, allorney for Stratos Corporalion, Plaintiff in the above caplioned maller, hereby swear and affirm that I have served a true copy of the Affidavit Pursuant to Rule 3129.1 executed by me as allorney for the Plaintiff on February 9, 1996, as well as a true copy of the proposed Notice of Sheriff's Sale of Real Property (pursuant to Rule Pa R,C.P. 3129,2) which I have submilled to the Cumberland County Sheriff's Office pursuant to said Rule, by depositing the same in the United States Mall, postage prepaid, certified mall, return receipt requested. upon the following Individuals and firms at the following addresses: Equity One Incorporated 340 East Maple Avenue, It 304 Langhorne, PA 19047 Mr. Michael A. Boyer, Jr. 416 Fifth Street New Cumberland, PA 17070 Ms, Diane Byers (Boyer) 416 Fifth Street New Cumberland, PA 17070 Robert L. Buzzendore, Esquire Robinson & Geraldo 4407 North Front Street Harrisburg, PA 1711 0 Affidavit 01 SeMee Paoe 1 01 2 .rt....""_.ci,."'''..i''...:'''t:".., ___',~:'C'._'. _.c--,-_l'-_,., Stratos Corporation Mr. Dale Yingst Box 7 Highsplre, PA 17034 The retum receipt cards Indicating that service was made are attached hereto and marked Exhibit "A", and are made a part hereof. Copies of the said Affidavit and Notice are attached hereto as Exhibits "B" and "C", respectively, and are made a part hereof. Date: 01//116 S ' phen D. Tiley, Esquire Attomey for Plaintiff, 5 South Hanover Street Carlisle, PA 17013 (717) 243-5838 Supreme Court I.D. No,: 32318 Swom to and subscribed before me this I'~ day of February, 1996 NOTARIAL SEAL KRISTA KING. NOTARY PUBLIC CARUSLE. CUMBERLAND COUNTY PA MY COMMISSION EXPIRES JUNE 27,1998 Affldavll 01 SeMcI Peg. 2012 ~. . i.~-- . ;:_;,~.'" .- COmIlII" ~~ 1 I/ItdIoI'J for 1dcIdoMI...... F/I~..-, c:om,en. h1m13. end 41 . b. ::1:1"':""" your nIfM Iftd........ on the rev.... at 1Nt form.. ChIt.. "" I' _,tNo _ to you. ,;' ':,.oA_tNo.....to .....'011..........-...011.... bock 1'",- r~ '...not: ptnn/t.' -. t '.., _._IIocoIpt_ltod"OIIIho..-_.................. 1 ' 'II .' - TN Return ftKeIpt w111how to whom the"'" w.. dIhered end eM dItI '8,-' t 3. Alllell Add....ed 10: , Equity One, Incorporated . ,,340 Bast Maple Avenue,'f 30~ , Langhome, PA 19047 , I olIO wl.h '0 rocolVl tho 'ollowlng ..rvlel. 1I0r In lXII' 'n" 1. 0 Add....n', Add..1I f 2. 0 ROlrlcted DIU.lry I:,; ConlUlI lnIII'or 'or 'n, 4., Anlel. Numblr Z 069 874 437 ,I ',' 4b, S.rvlco Typo .I P )l1lI1.tlred 0 In.ured ./2k:lnlfled 0 CDD ! o Exp"" Mill 0 R.turn RlCOlp' 'Dr 1 7. lla 'D.llv. !' , ;2 Z I 8. Add........ Add ... IOnIy If ..quo'ed 'I .nd ,.. ,. p.ld) ~ ' , llIcImblr"" ......110O:1_... DOMESTIC RETURN RECEIPT . too t' . _ CompIete~.... 1 endlor 2 'Of IddItIoMI ..... I':' Compltl.ltemt 3. end .. · b. . . PrIne your namellnd Iddtft. on the rewr.. of thl. form IG thai WI un : mum lNt ~ to you. . ," AnKh this form to &he from 01 the 1NMpIec1. Of on the bKk It spec, > Clot. not permit. .a '.-- Wrftl'....tumRecMptRtqunI~. on thllrMllplteebttctw thll(Udlnumbel . - _. The Return RtceIpt wII ahow to whom Iht anlcll .11 dtllvefed end the dlt. S-. ' I' '3, Alllell Add..lled '0: ii' ' Mr. Michael A. Boyer, Jr. B :::wPg:~:~~:;dr PA 17070 I olIO wllh 10 r_IVI 'M 'ollowlng ..rvlel' 1I0r In 'IX'" ,.." " 0 Add........ Add..1I l 2, 0 RII'rleled D,IIV1ry I ConlUk lunet.er for tH. 4., Anlel. Numblr Z069874438 J' 4b, S.rvle. Typo o 1lI11111ed 0 In.ured .nlfled 0 CDD !, o Exp.... M.II 0 R.lum Rocllpl lor 1 7, DII. 0' D.II ! I 8, Add.... . :&odd.... 10nly I' rlqu..led t .nd ,.. p.ld) ~ ' 8, Slgn.lu.. 1A..nll . i : 1 ps' Form . Doc.mblr 1881 ,.I .u.a. GPO: ,.......,.". DOMESTIC RETURN RECEIPT EXIIIBlT itA It PAGEIOF3 ,,.. i ,t . C.........~.... 1 _ 2 to< _ _. I 1110 willi to IICllvl thl ~ "I". 4:empIote - 3. ..., .. · ~. 'ollowlng HrVIcII lIor In I.trl i.:,. I'.. Print YOUf' NIhI'nclldch,. on thl revert. aft... form-to the. WI can 'HI: . rtcum th6I CIId to you. . I.. ,__..... ,_.. ....'.....1.... -.e. or on.... _11_. I. 0 Add...IH'1 Add..n 1 ,_110'_,' 1 :I"."WotIa.'RoIumft_ft_.......m__tho__, 2, 0 RI."lctld DIII."y ,.,': I _1.d.::.c.~fIIec*ptwllahowtowhomthlIrtideWndehefedtndlhedltt lult I.m..ter for 'ft. _ ~. Artlcll Addr...1d to: 4., A I. Numbor , Z 069 674 439 J: , . . Ms. D. lane Byers ( Boyer) 4b, S.rvlce Typo ';. 416 Fifth Street '.9)IogIII.rod 0 In.urld f .;. New Cumberland, PA 17070 ~.rtlllld 0 COD o Exp._ Mill 0 R,'um Receipt IOf 7, Dill 01 Dill ~ ~ I 8, Add...III. dd..., (Only II .oquo"ld t Ind 'II I. plldl F. . " ;; y.. k r e. SIgRllu.. IAg.nll t'c.: PS Fonn . Docombe. 1881 .~.'4L eu.l. GPO: ........"4 DOMESTIC RETURN RECEIPT ,.. t -. CompIet, ~1fftI 1 and/or 2 'Of lddi1ione1 ..mc... 1.'~h....3,...,...~. I . '1'Mt yout nIIN Ind IIddtn, on IhI ".,.,.. of thiI form 10 VIII "'. can mum thIt eltd to you. . A_ tNo ,_ to .hI "... ."hI m"_, or .. tho .... II ..... . -...-. ' 'I,. -I ,. - Write ','Rnum RKtlpt R.....It4'. on 1M rnIiIpIecI below thII aruc.. numbe, 2. D Re.trfct.d Delivery . The RttumRecelpt d thow to whom 1M IftidI WI' ~ and thI dttt S _ed. . Consul: .tml"" ,.. ,", I. .3, Artlcl. Addrlllld to: 41, Artlcll Number Z 069 8 J " Ii Robert L. Buzzendore, Esquire 4b. S".lce Typo II Robinson ole Geraldo 0 Roglllorld 0 In.urld 4407 North Front Street litJ:,rtlllld 0 COD I: Harrisburg, PA 17110 0 Exp..., Mill Rllurn Recllpt I.. ! 7, DI,..I D. J!' It- t 0, Add........ Add.... ( nIV.~" od~', Ind ,..,. p.ldl ~"f. ','.., .'. " ,.1-....:.C;- ;p."'; : otl.LQPO:'......,.71' DOMESTIC R~URN RE~~';;;.I' .1 i . &, Slgnllu.. IAdd......1 EXIIIBlT "A" PAGE 2 OF 3 r~~:!0~~1iNr~~n:~~j~,,:i'^:,. ~. '"_,_,, _ _' ..', - .' - . ,-^'; <-:::>;';<J:;:._;';'".'i:q f~J!,~~ComllIoIO~i...u.2-";.;"~" " '11IIl;;\YI"'I~'i~"~l:0'J '1"'1 ,.{~ItoIllo"""'" -"" '" ,. " ." , ,oItow,..,..'.' JoG"',, "(VI,. c...',..",.",il.,~,.,.;.,';',.~,..,'.".~,'..'...,.,..lI1t"".,,'.'.",.""',.'.,'1'.1 .:~j'i~j~:,'",._~ riimt ....,~ ~ thereytq, QttNt 'lJM!1O ~tw._cIn '"1:::." ;-;'. ,: '.:-)-,' ;,","i;':',':';"'} ;j Pi' ;~=::'':''~ih.t.....ttho.................tho~ifo~' "t,OAdd.......~~crdrii.,' 1 r;:i;donnot~.i<'.".-.. ',_,' _ :>"',' :' , " '",..,...',.'..,'",W......, '..,'~,~- .~._-~...".~_................~_--~ I jtl.i.n!:'~_:ii;:;;.;rw~;.;';;;;;;;;;;-~ ond';;:;;;; '2, O,R"triC\OdD~II~IIV.",:I,::, "fIF-,"'''' ..',. . . " .. .' ,. ConlUlt .unul" 'or f.., i"I;:;i.!..~~.:;.~...~,~..:, ;::t1on ~i~1~T~4~ ' l,' i c.' Box ,7 '. 0 RIIlI,.,.red 0 lnou,ed _ , :i.}!I~gtisplre. PA 17034 0 ~:::M'II g ~:m Rocelpl lot'l- 70 D.,.., D.IIv.ry ". . J! ' " ZJ- ~ "l: , . 1 B., :::',':.-r:~~1d"" {Only II requllllIdJ' ,... ATnf'MRDALE YINGST II,.. SlgnllUt., (Add,,,"., :', II, Sign I ,',,, :111:.s1; l~;"~.>"~':/- ,". O\I.LlIO'O: '_n. " DOMESTIC RETURI'1, EXHIBIT "A" PAGE 3 OF 3 , STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. . . : CIVIL ACTION . LAW : NO. 95.7111 CIVIL TERM MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Stratos Corporation, plaintiff In the above action, sets forth as of the date the praecipe for the writ of execution was filed, the following Infonnatlon concerning the real property located in the Borough of New Cumberland, Cumberland County, Pennsylvania, being known as 416 Fifth Street, and as more fully described In Exhibit "A" to the Praecipe for Execution, a copy of which Is also attached hereto as Exhibit "A", 1. Name and address of owner(s) or reputed owner(s): Michael A. Boyer, Jr. 416 Fifth Street New Cumberland, PA 17070 q ~-,; "- .C;"'''I 1,';__: :- ~ i .' ~. -.., ~I'. ,.::.... ~;C". ....~ r.) :':...L-. .,. t., -. -< ~'::> 9- c' .. ~ ~;n \ .;;)a ..... ""JIQ :.~ '.l :3 d~ -- Ztn (..) C5 .- :::! ~ ~ 2, Name and address of defendant(s) in the judgment: Michael A. Boyer, Jr. Diane Byers (Boyer) 416 Fifth Street New Cumberland, PA 17070 Attomey of record in underlying judgment: Robert L, Buzzendore, Esquire Robinson & Geraldo 4407 North Front Street Harrisburg, PA 1711 0 3. Name and address of every judgment creditor whose judgment Is a record lien on the real property to be sold: Stratos Corporation Dale Yingst Box 7 Hlghsplre, PA 17034 (Plaintiff in the within matter,) AHldlVtt PUlluanl to Rul. 3128,1 paoe.0I2 EX III BIT "B" 4. Name and address of the last recorded holder of every mortgage of record: Equity One, Incorporated 340 East Maple Avenue, # 304 Langhome, PA 19047 5, Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record Interest In the property and whose Interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any Interest In the property which may be affected by the sale. Diane Byers (Boyer) 416 Fifth Avenue New Cumberland, PA 17070 I verify that the statements made In this affidavit are true and correct to the best of my personal knowledge or Information and bellefo I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. Date: 7r"~;(!41"'".7?' IPP~ A .L.. ...{) - 7 >1'; sre;"'n D. Tiley, Esquire Attomey for Plaintiff, 5 South Hanover Street Carlisle, PA 17013 (717) 243.5838 Supreme Court I,D. No.: 32318 Allidavll PUflUlnl10 Rule 3129.1 Paoe 2 01 2 EXHIBIT "B" STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNT~ : PENNSYLVANIA vs. MICHAEL A. BOYER, JR. and DIANE BYERS, : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM Defendants EXHIBIT "A" PRAECIPE FOR EXECUTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of 5th Street which point Is 125 feet East of the Southeasterly comer of 5th Street and Geary Avenue; thence along the southerly line of 5th Street North 80 degrees 15 minutes East 25 feet to a point; thence South 9 degrees 45 minutes East 140 feet to a point on the Northerly line of Miller Avenue; thence South 80 degrees 15 minutes West 25 feet to a point; thence North 9 degrees 45 minutes West 140 feet to a point, the Place of BEGINNING, BEING premises known as 416 Fifth Street. UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. BEING the same premises which Wendy L. Knight, single person, by deed dated October 3, 1995 and recorded November 3, 1995, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 130, Page 878, granted and conveyed to Michael A. Boyer, Jr" married man, EXHIBIT "B" . . . STRATOS CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VB. . . : CIVIL ACTION - LAW : NO. 95-7111 CIVIL TERM MICHAEL A. BOYER, JR. and DIANE BYERS, Defendants NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2 Commonwealth of Pennsylvania: o r- ::-;t lJi"~i f:~s; ;:::.-> :"" '- ....-.. , . ~';~:..' : ss. County of Cumberland ~j Stephen D. Tiley, Attorney for Stratos Corporation, Plaintiff In the 1.0 () en -II -" ''7' :::J ;:::, ;~IFI I ..,~rn ~ .:'9 :.30 -n --I. _ t~:.ij .. ::<~ ~ ~ o ~ a<<j5'ove-; captioned action, being duly swom, says: 1. The premises which Is the subject of this action Is the real estate known as 416 Fifth Street, New Cumberland, Cumberland County, Pennsylvania 17070. A complete description Is as follows: ALL THAT CERTAIN piece or parcel of land situate In the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of 5th Street which point Is 125 feet East of the Southeasterly corner of 5th Street and Geary Avenue; thence along the southerly line of 5th Street North 80 degrees 15 minutes East 25 feet to a point; thence South 9 degrees 45 minutes East 140 feet to a point on the Northerly line of Miller Avenue; thence South 80 degrees 15 minutes West 25 feet to a point; thence North 9 degrees 45 minutes West 140 feet to a point, the Place of BEGINNING. BEING premises known as 416 Fifth Street. NotICe of Sill 01 Re.l Elllfll Under PA. R,C.P' 3128.2 Plge , 01 3 EXHIBIT "C" . UNDER AN D SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions and/or conditions of record. BEING the same premlsos which Wendy L. Knight, single person, by deed dated October 3, 1995 and recorded November 3, 1995, In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Book 130, Page 878, granted and conveyed to Michael A. Boyer, Jr., married man, 2. The Improvements situate on the premises consists of a single.famlly residence. 3. The judgment of the Court on which this sale is being held is entered to 95-7111 Civil Term, 4. The name and address of the owner or reputed owner of the premises is Michael A, Boyer, Jr., whose address Is 416 Fifth Street, New Cumberland, Pennsylvania 17070, who is one of the Defendants in this mattero The Defendant, Diane Byers (Boyer) whose address Is also 416 Fifth Avenue, New Cumberland, Pennsylvania 17070, may be an equitable owner or have an equitable Interest in the said real estate, 5. The time and place of the Sheriff's Sale is June 5, 1996 at 10:00 A. M., prevailing time, at the County Commissioner's conference room on the second floor of the new Cumberland County Courthouse, Carlisle, Pennsylvania. NOTICE OF SCHEDULE OF DISTRIBUTION 6. A Schedule of Distribution will be flied by the Sheriff on the date specified by the Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made In accordance with the Schedule unless exceptions are flied thereto within ten (10) days thereafter, NoUce 01 Slle 01 Ae" Ellal. Under M. R.C.P. 3128.2 P10e 2 01 3 EXIIIBIT "G" ,-" . . . . You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal advice, ~t'~__)' ~ ,"" Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 ~:A ,7 - '<'7 Sfep en D. Tiley, Esquire Attomey for Plaintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243.5838 Supreme Court 1.0. No.: 32318 Swom to and subscribed before me this ~ day of February, 1996 !fr J?' NotaO Public r NOTARIAL SEAL KllISTA KING. NOTARY l'UBLIC CAlIUSLE. CUIlIICRLANO COUNTY 'A .., COUUISS'O,. ('r"~f:, JllNE 21. 19M .........~...... . . ".., Nollce olSaIo 01 RHI Ea"'to Undo, PA. R.CP. 31202 Pao03013 EXIIIBIT "c"