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HomeMy WebLinkAbout00-01341 I ,'\ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC" Plaintiff, NO: 2000.1341 CIVIL !Ie. vs, JOSEPH C. CARMINA TI, PRAECIPE FOR WRIT OF EXECUTION FOR MORTGAGE FORECLOSURE Defendant Filed on Behalf of: Plaintiff Counselor Record for this Party Jon A. McKechnie PA 1.0. #36268 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #01607229 ~- 1 -- " . J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee ofTHE PROVIDENT BANK, dlbla PCFS FINANCIAL SERVICES, INC., Plaintiff, NO: 2000.1341 CIVIL vs, JOSEPH C. CARMINATI, Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter 1. directed to the Sheriff of Cumberland County 2. against Defendant 3. Judgment Amount Interest atthe rate of $14.17 per diem from 4/17/00 to 9/6100 5. Late Charges thru 9/6/00 $ 54,914,64 $ 2,012.14 $ 88.72 $ 57,015,50 With continuing interest at the aforesaid .rate plus appropriate additional attorney fees and costs. Costs (to be added by Prothonotary) $ Date: fJ/qjoo ~~\'-~< Jon A, McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 "~ ~"""",,,,,,,,""'I\'I',\jW ~ (") 0 c. ~ C Q ~:"r """ t_ R ....... "'<l. -~ } 2 ~ "Urn :::; ~ .-{;q ~ ~ ..0 <N ~ n1rn ~- ~,", ;'-11 "'- Z::CJ . . . . :Z::C' :;'::-J /{:.. ~ ;--- ~ 0 d ....... 8 (/)"".::; w ~-~~h~ 0 ...... 0 -< / () 0 ~CJ 7-.1"<0 ;- '-,', (; :E;() ::J:" ;t.s -() ..... j I I I :;;:0 "!? -0 of! c Ii' ~ z ;w ?ti "J 7-- f0 =< a:> -< "' ~ ~ ~ ~ , . ~ ~ l- " ~ " " - , ~ " y " ~ ,,"~,f"'~~., ''F'"~~~Jl ~(!'~!lIJIl!Il_~ W"?"'''IW~<('''ll'\;mI~~ ~~''''''''- ~-'1 "' _41I11J!.. \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, N.A" as Trustee, assignee of THE: PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, NO: 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant ~ AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) ) SS: Bankers Trust Company of California, NA, as Trustee, assignee of The Provident Bank, d/b/a PCFS Financial Services, Inc., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Joseph C. Carminati, located at 407 North Pitt Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOSEPH C. CARMINATI OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 4TH WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 407 NORTH PITT STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 167, PAGE 892, PARCEL NO. 06-20-1798. 311, ,T ^ _ . ~ ..,., I' ~ . 1. The name and address of the owners or reputed owners: Joseph C, Carminati 1548 Spring Road Carlisle, PA 17013 2. The name and address of the Defendants in the judgment: Joseph C. Carminati 1548 Spring Road Carlisle. PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: ,j;. Bankers Trust Company of California. N.A,. as Trustee. assignee of The Provident Bank. d/b/a PCFS Financial Services. Inc. PLAINTIFF Tax Claim Bureau One Courthouse Square Carlisle. PA 17013 Homeside Lending. Inc. 702 A C Skinner Parkway Suite 200 Jacksonville, FL 32256 Chase Bank of Texas P.O, Box 12549 Fortworth, TX 76121 Chase Manhattan Mortgage Corp, 1400 East Newport Center Drive Deerfield Beach,FL 33442 Equicredit Corp. of PA 10401 Deerwood Park Blvd. Jacksonville. FL 32256 4. The name and address of the last record holder of every mortgage of record: Bankers Trust Company of California, NA, as Trustee, assignee of The Provident Bank, d/b/a PCFS Financial Services, Inc. PLAINTIFF 5, The name and address of every other person who has any record lien on the property: NONE 6. The 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. The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Pennsylvania Sales & Use Tax Claim Bureau PA Department of Revenue Office of Chief Counsel 10'h Floor, Strawberry Square Harrisburg, PA 17128.1061 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the 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.A. ~4904 relating to unsworn falsification to authorities. ~~~'t.~vl-- Jon A. McKechnie Attorneys for Plaintiff .' Notarial Seal Gina L. Duncan.Mllier, Notary Public Pittsburgh, Allegheny County My Commission Expires Aprile, 2001 Member, Pennsylvania Association of Notaries 0,. ,.,~ ~~I!lll .___~__~~".ii4ll'.__'.III'iI?~~~~ ~ "'._'", (') '0 LJ c: c:> "'f} $: , ""Om ;= 52~{; '"~- ~~: v,) ~CJ 2: <~~:-J ~..h, 5>':' .,:1 () c: :z: ,..j ~) ~> =< :J.J 0:> -< " ~!Wi",,"r'o;rn"''"~~Ill';~'~JI;_~W'!!,',"!lIl!~ll~f' ' ,~~'i'I:"-'1I~~T11!1'-''!!W''''~~~W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee ofTHE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, NO: 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Jon A. McKechnie, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 407 North Pitt Street, Carlisle, PA 17013, is Defendant, Joseph C, Carminati, who resides at 1548 Spring Road, Carlisle, PA 17013, to the best of his information, knowledge and belief. ~~~'-lJ JON A. MCKECHNIE, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434.7955 NOlarial Seal Gina L. Duncan.Mlller, Notary, Pubiic Pittsburgh, Aiiegheny County My Commission Expires ApriJS,~OOl Memh'l'. P,nnsylvanla Assooiaflon 01 Nota.ri~,s '--,*, """"* ="~~ (') 0 C) C C:J -n -;:"'" L- -~ -00:; c:: rn\l\ ;2: Z:C Z);: L) CD,". -<L kO ~ J>C z: ~~ 'P. I, =1 ~ W )> ::0 0::> -< J!l!If1 "~Jl!.. "~"...~~~ "", . ~~~, ",~l@)"I!!n",f"i8~'"""1"'''''''1''!'i'''1{l!!'~'''~'Il''ilJ__IiliWJ.jIAAJii;W/_~''''''''''''~~i!'!~~'!9!QI, " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, NO: 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974,41 P.S. 101, ET, SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Jon A. McKechnie, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about November 24, 1999, Defendant was mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983Take Action to Save Your Home From Foreclosure and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq, The foregoing statement is true and correct to the best of my knowledge, information and belief. ~ ~ ~.\c..-.J..--L < JON A. MCKECHNIE, ESQUIRE Weltman, Weinberg & Reis, Co., LPA 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434.7955 Notarial Seal Gina L. Duncan-Miller, Notary Public Pittsburgh, Allegheny County My Commission Expires April 9, 2001 jfi~mher, Pennsylvania ASSOCiation of Notaries , - -- ilJll_ \'!I~, - 0 <:::I 0 S; 0 -;"' .,.. L -Om n~1 nln't c::: :'C -.. ""' :]J Z::n -"'- 'f"- z~ --'~l:q Ci)~:: 0j -<L: :,"-'('1 ~c:; '"..rc > '?--;::; ::E:o ::;z: (:j'~~ LC;' :> -' u::> c"~rn C z: :..:J :;:-j =< ::6 OD -< _~ _w_ . j~~~~".."",~...".,..,.,,...,..,~.:,~~.. ~~!l\~!""Qj'",~"'-1l"''''''''''","I''.!!Hj''~Mj~~~~~''1'_J~~~~i~~fm\MIjI~ ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOSEPH C. CARMINATI OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 4TH WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 407 NORTH PITT ;. STREET, CARLISLE, PA 17013, DEED BOOK VOLUME 167, PAGE 892, PARCEL NO. 06-20-1798- "'" 311. CIVIL ACTION NO: 2000.1341 : ,'! . . - - ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, NO: 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant " LONG FORM DESCRIPTION ALL THAT CERTAIN house and lot or ground, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON THE WEST by North Pitt Street; on the North by Lot now or formerly of Allen Shetron; on the East by Lot now or formerly of William H, Brownawell; and on the South by land now or formerly of the Pennsylvania Railroad Company, containing Twenty five (25) feet Six (6) inches, more or less, in front on said North Pitt Street and extending at an even width One Hundred Sixty two (162) feet Four (4) inches in depth to the aforesaid Lot now or formerly of William H. Brownawell. BEING improved with a two story frame dwelling house know and numbered as 407 North Pitt Street, Carlisle, PA 17013, BEING the same premises which Gary B, Davis, by Deed dated November 6, 1997 and recorded on Nvoember 14, 1997 at Deed Book Volume 167, Page 892 and recorded in the Recorder's Office of Cumberland County, granted and conveyed to Joseph C, Carminati. WELTMAN, WEINBERG & REIS, CO., L.PA ~"^^'-~~. Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 'rt - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES. INC., Plaintiff, NO: 2000.1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JOSEPH C. CARMINATI TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania. and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the '; 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle. PA on September 6,2000. at 10:00 AM" the following described real estate. of which Joseph C. Carminati is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOSEPH C. CARMINATI OF, IN AND TO: ! ; ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 4TH WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 407 NORTH PITT STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 167. PAGE 892, PARCEL NO. 06-20-1798- 311, <1 '^" - The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY OF CALIFORNIA, N,A" as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, vs. JOSEPH C. CARMINATI, Defendant at Execution Number 2000.1341 CIVIL in the amount of $57,015.50, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution, Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly, YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. .to' Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249.3166 ,~, -. You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary, You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE, TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY, THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. tA~~~~;re Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " ~...,. -. 1-' ~-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., , Plaintiff, NO: 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant LONG FORM DESCRIPTION ALL THAT CERTAIN house and lot or ground, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON THE WEST by North Pitt Street; on the North by Lot now or formerly of Allen Shetron; on the East by Lot now or formerly of William H. Brownawell; and on the South by land now or formerly of the Pennsylvania Railroad Company, containing Twenty five (25) feet Six (6) inches, more or less, in front on said North Pitt Street and extending at an even width One Hundred Sixty two (162) feet Four (4) inches in depth to the aforesaid Lot now or formerly of William H, BrownawelL BEING improved with a two story frame dwelling house know and numbered as 407 North Pitt Street, Carlisle, PA 17013. BEING the same premises which Gary B. Davis, by Deed dated November 6, 1997 and recorded on Nvoember 14, 1997 at Deed Book Volume 167, Page 892 and recorded in the Recorder's Office of Cumberland County, granted and conveyed to Joseph C. Carminati. WELTMAN, WEINBERG & REIS, CO., LPA ~ ~<:-\l~~' Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 '" "_,", I" :' -~-I - --, , !IJ .,_,iIJIIII! _~ _"'I"'"~ __'J-_~ ~~~,ilIt_~", ~"'!'f~-~ C) co c 0 5: L. .Dtc c: rtlrr :J z::u ."z.:- ,.- &;s: -'-)fT1 G) ::'j;:':! ...,,,,-.:;::., :~1~~ ~O ;;0.- ~C) :;1: " <=0 >0 Pc Y? (5r"'1 Z 'J.> ~~ -I -< ex> -< ~~,,:j~!iR'~"If1i\!'$'_''WIl1~~_I'~~~iI!f"J!jJlJ~!IMrI'' i ' ,- , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, v. JOSEPH C. CARMINATI, Defendant TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU, WELTMAN, WEINBERG & REIS CO., L.P.A. By:~~~\l...Q~ A ORNEYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: clo Weltman, Weinberg & Reis Co., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 AND THE DEFENDANT ARE: 929 Burnthouse Road Carlisle, PA 17013 WELTMAN, WEINBERG & REIS CO., L.P.A, BY: ~~ ~ ~,-~c.l-: ATT RNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 407 North Pitt Streel Carlisle, PA 17013 4" Ward; Bgh of Carlisle WELTMAN, WEINBERG & REIS CO" L.P.A. BY;~ ~,-\,-~L\ AT RNEYS FOR PLAINTIFF " " NO. c~,/H-1J- /3'1/ ~ ISSUE NO,: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JON A. McKECHNIE, ESQUIRE Pa.I.D.#36268 WELTMAN, WEINBERG & REIS CO., L.PA Firm #339 2601 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434.7955 WWR#01607229 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, N.A" as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES. INC" Plaintiff, v. NO: JOSEPH C, CARMINATI, Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 ;~l' 1->,-- ,-1 .----1---- ~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, N.A" as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff, v. . II -"I --r k'--' NO: .2./TVV - /3'-11 ~ JOSEPH C, CARMINATI, Defendant CIVIL ACTION. COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Bankers Trust Company of California, N,A., as Trustee, assignee of The Provident Bank, d/b/a PCFS Financial Services, Inc" by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.PA, and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is Bankers Trust Cornpany of California, NA, as Trustee, assignee of The Provident Bank, d/b/a PCFS Financial Services, Inc., lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff"). 2. The Defendant is Joseph C. Carminati, an adult individual whose last known address is 929 Burnthouse Road, Carlisle, PA 17013. 3. On or about November 6, 1997, the Defendant executed a Note ("Note") in the original principal amount of $48,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4, On or about November 6, 1997, as security for payment of the aforesaid Note, the Defendant made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $48,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 14, 1997 in Mortgage Book Volume 1416, Page 414. A true and correct copy of said Mortgage containing a ,-,-~ r- -, . description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5, The Defendant is the current record and real owner of the aforesaid mortgaged premises, 6. The Defendant is in default under the terms of the aforesaid Note and Mortgage. 7. Demand for payment has been made upon the Defendant by Plaintiff, but Defendant is unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 8. On or about November 24, 1999, Defendant was mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 Take Action to Save Your Home From Foreclosure and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. A true and correct copy of said Notices is attached hereto as Exhibit "C". 9. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest thru 1/15/00 Late Charge Attorneys' Fees Other Charges $ 47,644.76 $ 3,230.76 $ 177.44 $ 800,00 $ 50.00 $ 51,902,96 TOTAL 10. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "0" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $51,902.96, with interest thereon at the rate of $14.17 per diem from January 15, 2000, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. "'-. -^-,.. '-1,-" . , THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.PA ~~~t~. Jon A. McKechnie, Esquire Attorneys for Plaintiff 2601 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434.7955 .. '-" I-~ ,~ ~, ..,','a.:.:; . ",;\ . j\ '\\) AP# CAR H I N A T J P A 5 7 J\\\{Y ~.~," 'f ~.../ LN# 3 - 1 49 - 8 8 1 NOTE November 6, 19-97 [Date] C i n c inn a t i [City] o h i 0 [State] 407 Nor t h Pit t 5 t r e e t , Car 1 i s 1 e , PAl 701 3 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 4 8 , 0 0 0 . 0 0 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender Is The Pro v ide n t Ban k, d I b I a PCFS, Inc . I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note Is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay Interest at a yearly rate of 1 0 , B 2 5 0 %. The Interest rate required by this Section 2 is the rate I will pay both before and after any default described In Section 6(8) of this Note. . 3. PAYMENTS (A) Time and Place of Payments I will pay principal and Interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on J a n u a r y 1, I 9 9 7 . I will make these payments every month until I have paid all of the principal and Interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to Interest before principal. If, on 0 e c e m b e r 1, 2 0 2 8 , I still owe amounts under this Note, I will pay those amounts In full on that date, which Is called the "maturity date." I will make my monthly payments at 1 E F 0 u r t h 5 t. C i n c j n n a t i, 0 H 4 5 2 0 2 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S, $ 4 4 3 . 5 7 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only Is known as a "prepayment" When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (i1) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. MULTISTATE FIXED RATE NOTE-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT ISCjCNOT** //0195j3200(1283).L Page 1 of 3 Form 3200 12/83 F~{~IBIT-A=_, '':j': " AP# CAR M I N A T J P A 5 7 , I 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally Interpreted so that the' Interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (I) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (II) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder'may choose to make this refund by reducing the principai I owe under this Note or by making a direct paymept to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 1 5 calendar days after the date it Is due, I will pay a late charge to the Note Holder. The amount of the Charge will be 5 . 0 0 0 0 % of my overdue payment of principal and Interest I will pay this late charge promptly but only once on each late payment The Lender may charge and collect a reasonable fee for processing dishonored payment checks, (B) Default If I do not pay the full amount of each monthly payment on the date It Is due, I will be In default (C) Notice of Default If I am In default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the Interest that I owe on that amount That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even If, at a time when I am In default, the Note Holder does not require me to pay Immediately In full as described above, the Note Holder will still have the right to do so if I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay Immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mall to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mall to the Note Holder at the address stated In Section 3(A) above or at a different address if I am given a notice of that different address. LN# 3 - I 4 9 - 8 6 1 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made In this Note, Including the promise to pay the full amount owed. Any person who Is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, Including the Obligations of a guarantor, surety or endorser of this Note, Is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor, "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" mearts the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note Is a uniform Instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make Immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: MULTISTATE FIXED RATE NOTE--Single Famlly-FNMAjFHLMC UNIFORM INSTRUMENT ISCjCNOT** j/0195j3200(1283)-L Page 2 of 3 Form 3200 12/83 :;,~_ IFII!P:I AP# CAR M I N A T J P A 5 7 LN# 3 . 1 4 9 - B 6 1 Transfer of the Properly or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest In Borrower Is sold or transferred and Borrower Is not a natural person) without Lender's prior written consent, Lender may, at Its optlon, require Imm~diate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If exercise Is prohibited by federal law as of the date of . this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. l fJ LA-- c. Carminati (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] MULTISTATE FIXED RATE NOTE-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT ISCjCNOT** j j0195j3200(1283)-L Page 3 of 3 Form 3200 12/83 , -~ , "-. ".53. C,j 31?J13 1<. . J ;;>:,.<n:..iJ:.:\ (Jf' lJt~_~)S . .,:.., 'I [) .' r'l 'I r ' - f':, ,': I' ',~:. : :', L,d '-' \) .J, . I . ) ~:' / ,,- 7, r 3,Y?/J 4 CLAss ABS'J'Tn . ' Po lV. EVERGR'F:';N"\.t1 CT HlLADELP ~~ AVENUE 215 2~2~} 19118 FAX 215 248-6233 . " .'. " :.. ':~ I i.':. ", '<.:-.:- ~-:, l :', .' '9'/ NOli l'1 PPl12 32 Parcel Number: [Space Above This Line For Recording Data] LOAN NO. 3-149-861 MORTGAGE THIS MORTGAGE ("Securily Instrument") is given on Joseph C. Carminati, A Single Individual November 6, 1997 . The mortgagor is ("Borrower"). This Security Instrument is given to The Provident Bank, d/b/a PCFS, .Inc an Ohio Banking Corporation which isorgatiized and existing under the laws of the State of Ohi 0 address is 1 E Fourth St, Cincinnati, OH 45202 , and whose Forty Eight Thousand and no/l00 ("Lender"). Borrower owes Lender the principal sum of Dollars (U.S. $48,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable On December 1, 2026 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Nole, with interest, and all renewals, extensions and modifications of the NOle; (b) lhe payment of all other sums, with interest, advanced under paragraph 7 10 protect the security of this Security Instrument; and (c) ~he performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberl and . County, Pennsylvania: SEE ATTACHED EXHIBIT "A" which has the address of 407 North Pitt Pennsylvania 17013 PENNSYLVANIA-Single Family-FNMA/FHLMC .- UNIFORM INSTRUMENT Fo,m 3039 9/90 'OMIi!: .6RIPAI1941Ol,O' Amenpr' S VMP MORTGAGE FORMS -(8001621.7291 Page 1 (If 6 MW 10/94 Initials: Street, Carlisle [Zip Code] ("Property Address"); [Street, City]. ~J{.~IBIT. ~ . ~---.......,"'" 8ood4i6PAGE. 414 11111111111111.111'1111111111 1111 1111 CC"-.". ATTACHED TO AND FORMING A PART OF TITLE INSURANCE COMMITMENT ================================ 3-I~q- ~[Pl Order No.: D159-834PA , . SCHEDULE C DESCRIPTION and RECITAL ALL THAT CERTAIN house and lot of ground, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsyivania, bounded and described as follows: ON THE WEST by North Pitt Street; on thel')lorth by Lot now or formerly of Allen Shetron; on the East by Lot now or formerly of William H. Brownawell; and on the South by land now or formerly of the Pennsylvania Railroad Company, containing Twenty five (25) feet Six (6) inches, more or less, in front on said North Pitt Street and extending at an even width One Hundred Sixty two (162) feet Four (4) inches in depth to the aforesaid Lot now or formerly of William H. Brownawell. BEING improved with a two story frame dwelling house known and numbered as 407 North Pitt Street, Carlisle, Pennsylvania, 17013. BEING THE SAME PREMISES, which David C. Lebo by deed dated 1/-b-'f7 and recorded in Cumberland County, in Deed Book page conveyed unto Gary B. Davis, in fee. Bood 415 PAGt .420 -' -, TOGETHER WITH all the improv~ments now or hereafter erected on the property, and all easemenls, appurtenances, and fixtures n~w or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note, 2. Fnnds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yeariy hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items. " Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq, ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimale the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually an'alyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounling of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency, Borrower shall make up the deficiency in no more than twelve monthly payments, al Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides olherwise, all paymenls received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second'; to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all nOlices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments, Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good failh the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject 10 a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. BooKi416 PAGE. 415 ~orm 3039 !J490 ,.hl."F G -6RIPA} 194101.01 ., Page 2 of 6 -.-"~ -~ "" - 5~' Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Pr/lperty insured against loss by fire, hazards included wilhin the leno "extended coverage" and any other hazards, including floods'or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods lhat Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights ,in the Property in accordance with paragraph 7. All insurance policies' and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoralion or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due, The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borr/lwer's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition, 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's conlroL Borrower . shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security inlerest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infonoation or statements to Lender (or failed to provide Lender with any material infonoation) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 7. Protection of Lender's Rights in the Property. If Borrower fails to perfono the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so, Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other tenos of payment, these amounls shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment, , 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance, Loss reserve FPrm37 9190 .Inltialf' ( .. .6R{PA) 194101.01 '" Page 3 0'6 aood41SPAGE .416 ~~ . paymenis may no longer be required, althe oplion of Lender, if mortgage insurance coverage (in lhe amount and for the period thin U;nd~r requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay lhe premiums required to maintain mortgage insurance in effect, or 10 provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, wilh any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking, Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to lhe sums secured by this Security Instrument, whelher or not then due. . Unless Lender and Borrower otherwise agree in writing, any applicalion of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release lhe liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co.signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument bul does not execute the NOle: (a) is co-signing tbis Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Cbarges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted 50 that the interest or other loan charges collected or to be collected in connection with tbe loan exceed tbe permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduclion will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by nolice 10 Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is localed. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, To this end the provisions of this Security Instrument and the NOle are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. Form 3039 ~o "";';"~ ~ .6RIPA1194101,Ol ~ Page4016 BooKi416 PAGE. 417 ,~ ~ "'f'--r - ~ 17. Transfer of the Property or aBeneficial Interest in Borrower. If all or any part of the Property or any interest in it iqold or tcansferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its oplion, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Inslrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the, date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those condition.s are that Borrower: (a) pays Lender all sums which then would be due under this Security Inslrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to. assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred: However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower, A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other infonnation required by applicable law. 20. Hazardons Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else .to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances thaI are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual. knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (bnt not prior to acceleration nnder paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the defanlt; (b) the action required to cure the deCault; (c) when the deCault must be cured; and (d) that Cailure. to cure the deCault as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inCorm Borrower of the right to reinstate after acceleration and the right to assert in the Coreclosure proceeding the non-existence of a default or any other deCense of Borrower to acceleration and Coreclosure. If the deCault is not cured as specified, Lender, atits option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' Cees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall tel111inale and become void, After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower, Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent pennitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Inslrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Rntld Ai ~ p^~r Ai j;l F,Orm3f CO Initials: . .6R(PAI (94101.01 \!) Page 5 of6 l'~ 27. Riders to tbis Security Instrument. If one or more riders are execuled by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if tbe rider(s) were a part of this Security Instrument. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o Balloon Rider o VA Rider o Condominium Rider o Planned Unit Development Rider o Rate Improvement Rider o Other(s) [specify] rn 1-4 Family Rider o Biweekly Payment Rider o Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the te7d covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. / 2A Witnesses: ~ , ~ ./7 ~' ;z {--,- C-= (Seal) L- / -7 /Josep'h C. Carm'nati . -Borrower t7~ (Seal) -Borrower (Seal) -Borrower (Seal) ~Borrower Certificate of Residence I, the within-named Mortgagee is 1 , do hereby certify that the correct address of E Fourth St, Cincinnati, OH 45202 Witness my hand this 5th day of November /---. r.1::. j' Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, F/\ I ',~ cf (' Ja J'lt" , On this, the (; ;j;) day of tV Que..... { G1 personally appeared Joseph C. Carmi nat i County ss: , !? f 7 ,before me, the undersigned officer, known to me (or satisfactorily proven) to be the person. whose name is subscribed to the within instrument and acknowledged thaI he! she executed the same for the purposes herein contained. MY.!:'.:'.::" ,:OOF, ,....."'.. my.... "" 'mo..""", L 7/11/"<' ROBERT :~~~~WE~ary Public' , ",:~,;.rif!i:::;>">. M~~o~~~:~~e~:~~;~hJ~~.~~~~~s ~.;;;~':: :.:: t:!'.~:J ;'..d:~I[":':~':<'~~~.:~'.>'. } Title of Officer Ii:/:' ,~, ~ \' '':: i::;1:~b,'1' :.i: .;', , Pagu6of6 F:f"'~: ~..: ,.::., : F~rn'l"3039" 9/90 ~ , ."I~~.' ~>:;.::.; ::i; . ''-'t,'' 4.'-,' "" _,6RIPA1194101,Ol MOK141GpAGE.419 . . , , WELTMAN, WEINBERG & REIS Cu.,LP.A. ATIORNEYS AT LAW 2601 Koppers Building 436 Seventh Ayenne Pittsbnrgh, PA 15219 (412) 434.7955 CLEVELAND . COLUMBUS. CINCINNATI. PITTSBURGH November 24, 1999 VIA U.S. CERTIFIED MAIU RETURN RECEIPT REQUESTED AND U.S. FIRST CLASS MAIL a..::;,>. Joseph C. Carminati P.O. Box 1006 Carlisle, PA 17013 Re: Notice of Intention to Foreclose Mortgage The Provident Bank d/b/a PCFS, Inc., an OhiD Banking Corp. ACCDuntNo.3149861 Note dated November 6, 1997 Mortgagor: Joseph C. Carminati Dear Mr. Carminati: The Mortgage held by The Provident Bank, d/b/a PCFS, Inc., an Ohio Banking Corp. (hereinafter "the Lender") on your property located at 407 North Pitt Street. Carlisle. PA 17013 IS IN SERIOUS DEFAULT because vou have not made the monthlv payments of $443.57 each for the months of June, 1999 thru November. 1999. Late charges have accrued in the amount of $133,08. The total amount required to cure this default as ofthe date of this letter is $2,794.50. You mav cure this default within THIRTY (30) DAYS of the date of this letter. by Davina to the Lender the above amount of $2,794.50. plus anv additional amounts which mav fall due during this Deriod. Such payment must be made either by cash, cashier's check, certified check or money order, and made at The Provident Bank, One East Fourth Street, Cincinnati, OH 45202. If full payment of the amount in default is not made within THIRTY (30) DAYS, then, subject, to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program, the Lender mav instruct its attorneys to start a lawsuit to foreclose vour mortgaged property. If the mortaaae is foreclosed. your mortaaaed DroDertv will be sold by the Sheriff to Day off the mortaaae debt. If the Lender refers your case to its attorneys, but you cure the default before they begin legal proceedings. you will still have to pay the reasonable attorney's fees, actually incurred, up to $50,00, in order to cure the default. However, if legal proceedings are started, in order to cure the default you will have to pay the reasonable attorney's fees, actually incurred, even if they are over $50.00, and you may also be required to pay the Lender's lumlBl'f ~ '...:.- ---'"-"" -"e"I_._ I " I reasDnable costs, If you cure the default within the thirty.day period. YOU will nDt be reauired to pay attorney's fees. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriff's foreclosure sale, You may do so bv oayin9 the total amount then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately 'September, 1999. A notice of the date of the Sheriff's sale will be sent to you before the sale, Of course, the amount needed to cure the default may increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the Lender at the following number: 800-451-1093. This payment must be in cash, cashier's check, certified check or money order and be made payable to the Lender at the Lender's address stated above, You should reaiize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION, TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM, IF A SEPARATE NOTICE ABOUT THAT PROGRAM IS ENCLOSED WITH THIS NOTICE. Very truly yours, WELTMAN, WEINBERG & REIS, CO., L.P.A By:~~t\(~. Jon A Mckechnie Attorneys for Plaintiff cc: Ann Marie Babb ~",- .. - - -'-1-- -'_~ "," . . -'I -0 ."" C Z 2[]2 539 946 '" ~ ~". " . ~-< ~ I' 0 . ~'O 3 ". ",'"0 . .t '" ~ ~",-1 '" ~ co m" 0 <;>r :-' ~ 2:'T1cn ~o m ~~ ;: :;00 :S ~ "00 "'" m ~ t:; Om '" r~ CO en '00 '" O. 0 P. g' a ~~ m <"CijPj3 (1)"'0 --I $ :::I CD ~,~ _ Postage g. c:n m!! >.~O CertifiecfFee ~ ~ '"'0)> ::J ~- "0-1 I c: ;.- ~:z; m Special Delivery Fee CD ~ t~~. 0 ;~"" Restricted Delivery Fee ~s: "' .- )> en Return Receipt Showing to rtt- en ~ Whom & Date Delivered =-iC '5.. Retum Receipt Showing 10 Whom, ;.e2 _ . G) <( Dale, & Addressee's Address 0 $ o tOtAL Postage & Fees ClO ,. ('I) Postmark or Date ."- E ... 0 ... u. " (J) D. i SENDER: I also wish to receive the _ . Complete Items 1 andlor 2 for additional serVIces. following services (for an . . Complete Items 3, 48, and 4b. I ! .~r:r:ur~ and address on the reverse of thls forrn so lhat we can rebJm this extra fee): I I . Attach ~ form to the front of the mallpJece, or on the back If space does not . 1. 0 Addressee's Address . e3~It;R6tum Recefpt Requestecr on the manplece below the erUcle number. 2. 0 Restricted Delivery t! . The Return Receipt will show to whom the article was delivered and the date Co II stmaste 10 f = delivered. nsu po r r ee. & 3. Article Addressed to: 40. Article Number I L. h () !lfI,/) - ri--L.' Z ' 6' a. ~S(() t. UA",VYlIY]u 1/ 4b.ServiceType ~D h 6 I 0 ' D Registered r'V' UX Oi.{7 D ExpressMan (l . il)Ll /. 2 D Return Receipt for Merchandise l {((!toUr t'r' f)DI.:) 7. Date of Dellve = "0,,'. '. -I' " -1 ~ l u. c ~ i It { ~ f 1- Certllled II; D Insured ~ DCOD ! ! f ... , , ~ .. lD2505-9O-S-<l22 Domestic Return Receipt , II , WELTMAN, WEINBERG & RBIS Ca.,L\'.A. ATfORi'<EYS AT LAW 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CLEVELAND . COLUMBUS. CINCINNATI. PITfSBURGH November 24, 1999 VIA U.S. CERTIFIED MAIU RETURN RECEIPT REQUESTED AND U.S. FIRST CLASS MAIL Joseph C. Carminati 407 North Pitt Street Carlisle, PA 17013 Re: Notice of Intention to Foreclose Mortgage The Provident Bank d/b/a PCFS, Inc., an Ohio Banking Corp. Account No. 3149861 Note dated November 6,1997 Mortgagor: Joseph C. Carminati Dear Mr. Carminati: The Mortgage held by The Provident Bank, d/b/a PCFS, Inc., an Ohio Banking Corp. (hereinafter "the Lender") on your property located at 407 North Pitt Street. Carlisle. PA 17013 [S IN SERIOUS DEFAULT because you have not made the monthly payments of $443.57 each for the months of June, 1999 thru November. 1999. Late charges have accrued in the amount of $133,08. The total amount required to cure this default as of the date of this letter is $2.794.50. You mav cure this default within THIRTY (30) DAYS of the date of this letter. bv pavina to the Lender the above amount of $2,794.50. plus any additional amounts which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at The Provident Bank, One East Fourth Street, Cincinnati, OH 45202, [ffull payment of the amount in default is not made within THIRTY (30) DAYS, then, subject, to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program, the Lender mav instruct its attorneys to start a lawsuit to foreclose vour mortaaged property, [f the mortgaae is foreclosed. your mortga~ed proDertv will be sold by the Sheriff to pay off the mortaage debt. If the Lender refers your case to its attorneys, but you cure the default before they begin legal proceedings, you will still have to pay the reasonable attomey's fees, actually incurred, up to $50,00, in order to cure the default. However, if legal proceedings are started, in order to cure the default you will have to pay the reasonable attorney's fees, actually incurred, even if they are over $50,00, and you may also be required to pay the Lender's .-[l , j, ., ~ reasonable costs. If vou cure the default within the thirtv-dav period, vou will not be reauired to pay attornev's fees, If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You mav do so bv paving the total arnount then due. as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estirnated that the earliest date that such a Sheriff's sale could be held would be approxhilately September, 1999. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default rnay increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the Lender at the following number: 800-451.1093. This payrnent must be in cash, cashier's check, certified check or money order and be made payable to the Lender at the Lender's address stated above. You should realize that a Sheriffs sale will end your ownership of the rnortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could,be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION, TO PAY OFF THIS DEBT, YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM, IF A SEPARATE NOTICE ABOUT THAT PROGRAM IS ENCLOSED WITH THIS NOTICE. Very truly yours, WELTMAN, WEINBERG & REIS, CO., L.P.A By: ~~~~ Jon A. Mckechnie Attorneys for Plaintiff cc: Ann Marie Babb "0', ,'_ _ "I'~ ..~_ _ _ ,~" . ., 41 Receive r PS Form 3817. Mar. 1989 Z 202 5i9 947 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee '" ~ Return Receipt Showing to :: Whom & Date Delivered "i:i Return Receipt Showing to 'Miom, <( Oale,&Addressee'sAddress o ~ TOTAL Postage & Fees $ ('l) Postmark or Date E If en n 4 j' . FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTicE By law, this law, firm is required to advise you that unless within. 30 days . . :. . . after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt In th~, . event within a 30-day period you request in writing the name of the original creditor, it will. be provided t? you if. different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 3D-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. !';m'B'T--P__ i\ ., '" . '''~'' -,.. 1- ';T_ - -, " . I" VERIFICAI1QN The undersigned does hereby verify subject to the penalties of 18 PA.C,S. ~ 4904 relating to unsworn falsifications to authorities, that he/she is ,4N1U rf1fV'v.L f6ablo . Trn..e cl D'i{UA..e. ~ u ~r:. of (TITLE) PM-tn~ <-f6O/lJc (COMPANY) _, plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ~ 1s1'gnature) 01607229 -., G 'd 810~'oN n ~dIO:1 0002 'tG'uer " ' -'- " ~ ~ ~ -J ..j - . ',,~ l, ~R ~ f' lli -".....,..,.....~~. ~ -- 0<0 -..J \)., t -S:\ " '1 11\~~ o c [F~~ ~:~"i" ,/"r-' c(J> r~ ~i~' '~~J -<" " ~. I .. a a o .'n ~ ~"~f-"~ _ ~ ,'~~"';>;"';$''ffll~ ~~~ ~~J'!iIlIil r.. ~~ ~, ~ ~. .:';;.(-!O ::-0 I 'D :.:-J '_:'.\:-:: j"T1 Q (~ '~") ~B -,:0 C)rn ',",l ---r) .' N :::> co :u -< SHERIFF'S RETURN - REGULAR CASE NO: 2000-01341 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TR CO OF CALIFORNIA VS CARMINATI JOSEPH C CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARMINATI JOSEPH C the DEFENDANT , at 0010:30 HOURS, on the 13th day of March 2000 at 1548 SPRING ROAD CARLISLE, PA 17013 by handing to JOSEPH C. CARMINATI a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~~~ ~",.. "",-""" ~ r.~ 1. itt:~ ~f R, Thomas Kline 1~ day of 03/15/2000 WELTMAN, WEINBERG & REIS BY'~C~ Sworn and Subscribed to before me this ~ .;l.ennJ A.D. ~ (2 "lYuN1~ # P othonotary , I , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC. Plaintiff No, 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, PRAECIPE FOR DEFAULT JUDGMENT Defendant I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: c/o Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 JON A. McKECHNIE PA I.D. NO. 36268 Weltman, Weinberg & Reis Co" LPA 2718 Koppers Building 436 7'" Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01607229 AND THE DEFENDANT IS: 1548 Spring Road Carlisle, PA 17013 WELTMAN, WEINBERG & REI~ CO., LP.A. BY: ~ "N\.. t..'C.. '-l J....-' ATTORNEYS FOR PLAINTIFF THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,-" ~.~"" ~I '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC. Plaintiff No, 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Joseph C. Carminati, above named, in the default of an Answer, in the amount of $54,914.64 computed as follows: Principal Interest thru 4/17/00 at the legal interest rate of $14,17 per diem Fees Funds owed by Borrower Funds owed to Borrower Attorneys fees Title Search TOTAL $47,644,76 $ 4,865.31 $ 1,079.05 $ 497.70 ($ 22.18) $ 800.00 $ 50,00 $54,914.64 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA RC.P, 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.PA BY:~ ~t..'t-.r>.cl-, JON . McKECHNIE Weltman, Weinberg & Reis Co" L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 ."'. , , . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.PA BY:~ ~t.\(~~, JON A. McKECHNIE Weltman, Weinberg & Reis Co" L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 'I,' . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., Plaintiff vs. Civil Action No. 2000-1341 CIVIL JOSEPH C, CARMINATI Defendant IMPORTANT NOTICE TO: Joseph C. Carminati 1548 Spring Road Carlisle, PA 17013 Date of Notice: April 4, 2000 YOU ARE IN DEFAULT BECAWSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 LEGAL HELP: CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 & REIS CO., LPA ~ By: LORI A. GIBS PA 1.0.#68013 Weltman, Weinberg & Reis Co., LPA 2718 Koppers Building 436 7'h Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #01607229 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .,- - , ., t 7-:J n "'l. ...0 C) C) ft:. ft c: {', 0 ~:~" }'..:a '-' ~ " ~ C) rY1r-., " -~ r ....0 ;:~ -..,-- ,..... :% ,,, ..c:- ~ CG {,.p" V -- ~ F c:~ -- j 1;; ~ _-:.~ -'-' ,~-, -"-''--' 'U' ~-t i:2~~ "::~i r- ~ ,. K ~:J -< \0 -< !. i.; I';, ri ~--""'. __<,.~~,__ _~ Jj, l~'l"'_~~'~~~""",,~il~~'l!lm'tl'f~~!~~!~~, _~ ~1I!l~~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler . I, ____________________________________________"________.________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sherifrs Deed in which ______________n . Bankers Trust Ci fa CA NA TR . ___________________________,_____.__________________________________________________ ~ the grantee the same having been sold to said grantee on the __________.6ih-'________________________n_____ day of __.__~_~?_~:~~_e.:__________________n__ A. D., r O~_n_, under and by virtue of a wriL____________ Execution . 13th _ _______________ __ ________ __ ___n___ __ h____ __ __ISSued on the ________ ___ _____ ______ __________ __ ___ June 00 day of ______________h_n_h____ A. D., n___' out of the Court of Cornman Pleas of said County as of Civil 00 --____________________________.'._________________ _________________________________ Term, . ______ 1341 BANKERS Trsut Co of CA N A Tr Number __h__________, at the suit of n___h_h___h__n_______________n___________n______________ ___________________________________ag~t_________~~9_~~~~__~_~~~~!:~~_~___________________ 5 238 . 313 duly recorded in Sheriff's Deed Book No. ___n___nn' Page nn________. IN TESTIMONY WHEIlEOF, I have hereunto set my haud and seal of said office this _~_~_~ day of ____~----n--- A. D., Hb~_~.':' a-~~tt~o;~ l!econler 01 Deeds. CumlJer1end Counly. CI~IsIe. PA M, Commission EIlpires the Filii Monda, of Jan. 200t ~- Bankers Trust Company of California N.A as Trustee assignee of the Providence Bank, d/b/a PCFS Financial Services, Inc, In the Court of Common Pleas of Cwnberland County, Pennsylvania No. 2000-1341 Civil Richard E. Smith Deputy Sheirff, who being duly sworn according to law, says on July 25, 2000 at 5:45 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendant to wit: Joseph C. Canninati, by making known unto Joseph.Carminati at 1548 Spring Road, Carlisle, Cwnberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith Deputy Sheirff, who being duly sworn according to law, says on July 11,2000 at 2:08 o'clock P.M.EDST, he posted a copy of Real estate Writ Notice Poster and Description on the property of Joseph Carminati located at 407 North Pitt Street, Carlisle Cwnberland County, Pennsylvania according to law. 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 a notice of the pendency ofthe action to the defendant to wit: Joseph Carminati by regular mail to 1548 Spring Road, Carlisle, Pennsylvania. This letter was mailed under the date of July 26, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cwnberland County, Pennsylvania on September 6, 2000 at 10:00 o'clock AM. and sold the same for the swn of$ 1.00 to Bankers Trust Company of CA, as Trustee. It being the highest bid and best price quoted for the same Bankers Trust Company of CA, NA as Trustee of 309 Vine Street, Cincinnati OB being the buyer in this execution paid to R. Thomas Kline Sheriff the swn of $718.23 it being costs. Sheriffs Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 14.08 15.00 15,00 30.00 10.00 .50 1.00 6.20 .74 15.00 20.00 251.45 234.53 23.53 25.00 26.50 I ~~, l' --"~~.~- Sworn and Subscribed To Before Me This "'JMtDay 004,,, ." 2001, A.D. Qt' ,0. ~ ,~ Pr notary - .~, ,,_ _"'~ l~~ I ' ~,-- $ 718.53 pd by atty 01118/01 so~~ R Thomas Kline, Sheriff BY~- Jt$ Real Estate Deputy ~ .,v~ 1jb . sO l' CIu ~ JI/75 fo1W( .t.~. \\ - " -~~=>~,~.... ~ ~, .~~- . . , )' -'<. ',,-<' -,,~ '. :~'..' ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK. d/b/a PCFS FINANCIAL SERVICES, INC., . Plaintiff, NO: 2000-1341 CIVIL vs. JOSEPH C, CARMINATI, Defendant : 9 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) ) SS: Bankers Trust Company of California, NA, as Trustee, assignee of The Provident Bank, d/b/a PCFS Financial Services, Inc., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Joseph C. Carminati, located at 407 North Pitt Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOSEPH C. CARMINATI OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 4TH WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 407 NORTH PITT STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 167, PAGE 892, PARCEL NO. 06-20-1798- 311. 'e,_ '__'."_ . ~- - , . , 1. The name and address of the owners or reputed owners: Joseph C. Carminati 1548 Spring Road Carlisle, PA 17013 2. The name and address of the Defendants in the judgment: Joseph C. Carminati 1548 Spring Road Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bankers Trust Company of California, NA, as Trustee, assignee of The Provident Bank, d/b/a PCFS Financial Services, Inc. PLAINTIFF Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Homeside Lending, Inc. 702 A C Skinner Parkway Suite 200 Jacksonville, FL 32256 Chase Bank of Texas P.O. Box 12549 Fortworth, TX 76121 Chase Manhattan Mortgage Corp. 1400 East Newport Center Drive Deerfield Beach, FL 33442 Equicredit Corp. of PA 10401 Deerwood Park Blvd. Jacksonville, FL 32256 4. The name and address of the last record holder of every mortgage of record: Bankers Trust Company of California, NA, as Trustee, assignee of The Provident Bank, d/b/a PCFS Financial Services, Inc. PLAINTIFF 5. The name and address of every other person who has any record lien on the property: NONE 6. The 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 c__'I_ ,. I 7. The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations . 13 North Hanover Street Carlisle, PA 17013 Pennsylvania Sales & Use Tax Claim Bureau PA Department of Revenue Office of Chief Counsel 10'h Floor, Strawberry Square Harrisburg, PA 17128-1061 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the 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.SA ~4904 relating to unsworn falsification to authorities. ~ \sv\.. t.'L ~vl- - Jon A. McKechnie Attomeys for Plaintiff Notarial S.aI Gina L. Duncan-Miller_ Notary Public PIIIsburgh, Allegh&n'f Ccunty My Commission Expires Aprii 9, 2001 Member. Pennsyivania Asy.c;ation of Notaries " ~I -". ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, N,A., as Trustee, assignee ofTHE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., , Plaintiff, NO: 2000-1341 CIVIL vs, JOSEPH C. CARM1NATI, Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JOSEPH C, CARMJNA TI TAKE. NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2"d Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on September 6, 2000, at 10:00 A.M., the following described real estate, of which Joseph C. Carminati is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOSEPH C. CARMINATI OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 4TH WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 407 NORTH PITT STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 167, PAGE 892, PARCEL NO. 06-20-1798- 311. l' ~~ ... The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY OF CALIFORNIA, NA, as Trustee, assignee of THE PROVIDENT BANK, dibla PCFS FINANCIAL SERVICES, INC., Plaintiff,' vs. JOSEPH C. CARMINATI, Defendant at Execution Number 2000-1341 CIVIL in the amount of $57,015.50, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution, Claims against the property must be filed with the Sheriff before the above sale date, Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically Df these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 l You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary, You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgmerrt was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse. for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show' a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTEOR THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION' TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO" L.PA ~ \N\.'--\l~L. on A. McKechnie, EsqUire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. <.- 'I '1-'- ., , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA. NA, as Trustee, assignee of THE PROVIDENT BANK, d/b/a PCFS FINANCIAL SERVICES, INC., , Plaintiff, NO: 2000-1341 CIVIL vs. JOSEPH C. CARMINATI, Defendant LONG FORM DESCRIPTION ALL THAT CERTAIN house and lot or ground, situate in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON THE WEST by North Pitt Street; on the North by Lot now or formerly of Allen Shetron; on the East by Lot now or formerly of William H. Brownawell; and on the South by land now or formerly of the Pennsylvania Railroad Company, containing Twenty five (25) feet Six (6) inches, more or less, in front on said North Pitt Street and extending at an even width One Hundred Sixty two (162) feet Four (4) inches in depth to the aforesaid Lot now or formerly of William H. Brownawell. BEING improved with a two story frame dwelling house know and numbered as 407 North Pitt Street, Carlisle. PA 17013, BEING the same premises which Gary B. Davis, by Deed dated November 6,1997 and recorded on Nvoember 14, 1997 at Deed Book Volume 167, Page 892 and recorded in the Recorder's Office of Cumberland County, granted and conveyed to Joseph C. Carminati. WELTMAN, WEINBERG & REIS. CO., L.PA . ~ ~'-\t~vL, . Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 .!I, ".' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland NO. 00-1341 CIVILlII Term CIVil ACTION -LAW COUNTY: To satisfy the debt, interest and costs due Rolnkpr", 'I'rn",t r.on:p;'lny of Ca 1 i fornia. N .A.. as Trustee a",,,,ignf'e of the Provident Bank. d/b/a PCFS Financial Services. Inc. PLAINTIFF(S) from Joseph C. CarminatL 1548 Sprinq. Road. Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt loor for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found inthe possessionof anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $'i4,91t.64 at the rate of 14.17 per diem from Interest 4/17/00 to 9/6/00 $2. nl? 14 Atty's Comm % L.L. $.50 Due Prothy $1 nn OtherCosts '",te Charges thru 9/6/00 - $88.72 Atty Paid .. Plaintnf Paid $103.10 Date: June 13. 2000 b)L: Curtis R. Long Prothonotary, Civil Division kAo~ [}. 7J;O)fiA'~~r Deputy REQUESTING PARTY: Name Jon A. McKechnie, Esq. Address: 2718 Koppers Building 436 Seventh Avenue rittBbu~h, rA 15219 Attorney for: Plaintiff Telephone: 412-434-7955 Supreme Court ID No. 36268 . r - . r' - "~~- ~ . REAL ESTATE SALE Na./P Gn ~ I 'I ~ the sheriff levied upon the defendants interest In the real property situated in (l~ A LA 1!,. il...n. -./ cumberland County, Pa., known and numbered as:~o? N t,ff,j/w/ (;lIuJl,,,,,fl. and more full' :iescrihed on Exhibit "A" filed with this writ and by this reference incorporated herein. !Jate: :t' -, /1- ?nti By:.d-t:-- - )4fl ~" ~C-?tz[414 :' ''''I, ~ ~, ~ - 1'" .,..,.,__'1._~. ~jm.~~l.~ . ".'''' o.igt c;;;J ~ (fi) M " <---'-.'. -'., ." ~ <:.~~- :;'~ ~ ,> c-"" .' ,-,J <~ -, :~~ ~,:;-"; ::;::.; ... ~.-~,,~ " REAl. ESTATE SALE NO, 43 Wrtt No. 2000-1341 Civil Bankers Trust Company of Cal1fornia. N.A. as Trustee. assignee of111e PrOVident Bank. d/b/a PCFS Financial Services, Inc. vs. Joseph C. Canninali Ally.: Jon A. McKechn1e WNG FORM DESCRiPTION ALL THATCERTAlN house and lot or ground, situate in the Fourth Ward of the Borough of Carlisle, Cumber- land County, Pennsylvania. bounded and deScribed as follows: ONTIiE WESTby North Pitt Street; on the North by Lot now or formerly of AlIen Shelron: on the East by Lot now or formerly of William H. Brown- awell; and on the South by land now or fannely of the PennSYlvania Rati- road Company, containing Twenty five (25) feet Six (6) inches, more or less. in front on said North Pitt Street and extending at an even Width One Hundred Sixty two (162) feet Four (4) inches in depth to the aforesaid Lot now orfonnerly ofW1ll1am H. Brown- awell. BEING improved With a two story fnune dwelling house known and num- bered as 407 North Pitt Street. Car- lisle, PA 17013. BElJVG the same Premises which Gary l'l. DaVls, by Deed dated Novem- ber 6, 1997 and recorded on NOVember 14, 1997 at Deed Book Volume 167, Page 892 and recorded in the Record- er's Office of Cumberland County, granted and conveyed to Joseph C. Canntnali. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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 regnlarly 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, VlZ: JULY 28, AUGUST 4, 11,2000 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, RO~ SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 NOTARIAL SEAL L0f6 E. SNYDER. Notary PublIc Carfiol. 10.0. Cumberland County. 'A My Commiuion bpi.... Mcm:h S. 2001 . l~ REAL ES1cA'l'C SALl!: NC!, 43 \\!rit No, :JOOO- J;.:i41 CJv!.1 Ban[..J>l'~ Tmst Company of Cnlll'f..I!TIL:], N."tl" a~ Tru;stec" assj~JH'e ofTll(~ p((\\-.d,"ltt B:ink. cl/?,/a. fieFS f',n,:UJClaJ St~n,'i('('"~" fnc, V~. ,Jol~epfl C. C~lnlljll.:-HI AtlY'.: ,Jot! (\, Md(cclHdc L('JNG FOHM DE:S(:R!!"rn()N ALL nlA.TCEH.'fAIN Jlot,'~"""'~lt\fj 1M orgrou.nd, .sHuall:' in U)~, ftouri,j/ \Va.nl of th~',' [l(ll'mt~h (Jf (:.,:..r(lh[c, r~wtlber~ laJ]d cn~,lllt.y: F'enns.)'l','clni,?;, bounded alld d{'~'>lTlt1('d as fnHows: ONTHF: \\:.F:Sfb..,. NrXI_h (-1tt St.n.'d.: on Hlt~ Non!; Iv.:' 1-.01. .nOI.\" or ['.xfIlr.:dy of AlkH Sh,~.{n;:\1; on Lh,~ E;cA. b:/ (..lll HOW or [un:\1<:'rt....ClnV[l~lam H. Brov/lJ- a\,,'clJ~ and ()It Htt" South tN k.J.nc1 nUl\' O[ i(wwp!v of till: Pnws\,'[\;anj;l Hi':;'ll- road ('0ll:JP.-111Y, (,()JJt~li,ill1I,g T\h:nty riVe 12!)J red SLI; (6) indle:o-:, rnOlT' 01' leg::;., in liTilH (.Ill ~,~tki Norl il Pilt, S!.:"\~,f.'1 ;'md extendtng aJ ~U1 ('I,-'en wldU.I One Hundl't~r3 SU,Jy j\,I;U (lG'2:} fet'l Fuu!' t"H ineltes Jrj df:'P{]1. 1:0 Hw .cl.t(H1~S,lLli Lm now nl" liJrHltr~y of\Vmj~lJH] i. bro\\')j .Otwell, EiE:1NG ~mpn:J":"d lNiLh ~\ ttvn ,;I.U!V h.,JnK' chvdlJ:n,r.; ttou~;J:' tWO\-VH Hnd w,u:ri. h.:,:({.,J as -wi Notil~ ['iii ::;,tCrp{'t, (:;,11.... hslc. P/~ 1701::t I:::EIi\((; the ::.<.Hn(~ p.tCllli."l!S \~'lltt::jJ G,1I'Y is. n,-l.yt~~, bv Dee..lI::taied Nr..v~m' lfl"-i'i:;. 1 :107 and ;r~c()rdl:d on N'(}ve1l11y.~r }.4, J.~:;~~7 ,-It Delt(\ Doo.k ".i()lur:w H:l'i', Page 882 ~-Lnd n:con.kd in lhe f,z(,L:Clrd~ er's Off~c(~ (,.1' Cumoerla.nd ('ow1tV, g:r;,wk.d and cc~n'.'{'YNt to </'Jscp!( ;::, CnrlVHU1U. . .. ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderHct llio.587. Hooroued Mau 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} 55 James L. Clark being duly sworn according to law, deposes and says: That he is the Accounts Receivables Manager 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 and Metro editions/issues which appeared on the 1 st, 8th and 15th day(s) of August 2000. 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 severaliy by the stockholders and board of directors of the said c~any and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in ~ scellaneous Book "M", vo::: ~~'::~I:~ ________________~------------------------------ COpy Sworn to and subscribed before his 30th dall Aug 000 A.D. S ALE #43 Notarial Seal Terry L. Russell. Notary Pu . Harrisburg, Dauphin County My Commission Expires June 6 TARY PUBLIC ission expires June 6, 2002 Member, Pennsytvania Association ot . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURiHOUSE 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 $ 233.03 1.50 234.53 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 duiy paid. THE PATRIOT-NEWS CO. By.....................................................,.............. I !:- . .