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HomeMy WebLinkAbout02-5532FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 NATIONAL CITY MORTGAGE COMPANY 3232 NEWMARK DRIVE MIAMIBURG, OH 45342 F#-3899 V. Plaintiff TIMOTHY A. TANKERSLEY JEANINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 Defendant(s) TERM ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. O e! U C C`r a)-V7 CUMBERLAND COUNTY **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 attorney 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:99535387 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is NATIONAL CITY MORTGAGE COMPANY 3232 NEWMARK DRIVE MIAMIBURG, OH 45342 F#-3899 2. The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY A. TANKERSLEY JEANINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 6/30/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1554, Page 886. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $91,225.36 Interest 2,927.54 5/1/02 through 10/1/02 (Per Diem $19.01) Attorney's Fees 1,250.00 Cumulative Late Charges 132.68 6/30/99 to 10/1/02 Cost of Suit and Title Search 550 00 Subtotal $96,085.58 Escrow Credit 0.00 Deficit 526 42 Subtotal $ 526 42 TOTAL $96,612.50 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $96,612.50, together with interest from 10/1/02 at the rate of $19.01 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FE ERMAN PHELAN,LLP By: FRkNK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff my THAT =X%TAZN lot of ground situate in Middlesex Township, Cumberland i;ounty, Pennsylvania, bounded and described in accordance with Section E of the Plan of Lots of Jacob S. Shenk, known as Cloverleaf Acres No. 2, which Plan was recorded in the hereinafter named Recorder's Office on October 25, 1956, in Plan BOOK 8, Page 43, as follows: AEGINNTNG a: a on the northern line of 60-feet wide Fairview Street at the dividing line between Loss Nos. 7 and 8 of Section E; thence from said point at the place of Beginning along said northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes Wiest, a distance of 75 feet to a point at the dividing line between Lets Nos. 6 and 7 of Section E; thence along said dividing line between Lots Nos. 6 and 7 of Section E. North 34 degrees 45 minutes West, a distance of 140 feet to a point at corner common to Lots Nos. 6 and 7 and le and 17 of Section G; thence alon.i the dividing line between Lots Nos. 7 and 17 of Section E, north 55 degrees 15 minutes East a distance of 75 feet to a 'point thence corner along m said dividing o, line ? bean I and tween said 7 and 8 of Sectioi E Lots Nos. 7 and 8 of Section E, South 34 degrees 45 minutes East, a distance of 140 toot to a point on the northern line of 60-feet wide Fairview Street at the Place of BEGSNNTNG. TUN AZCMV described tract of land contains 75 feet in front along the northern line at 60-feet wide Fairview Street and extends narthwarcly therefrom at an even width a distance of 140 feet, and is all of Lot No. 7 of Section E as shown on said Plan of Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorder's Office in Plan Book 8, Page 7. TWO ABOVE described tract of land is conveyed under and subject to building restrictions and Covenants attached to and applicable to said Plans recorded in Plan Book 8 at page 7 and at page 43. THE ABOVE described tract of land is improved with a dwelling house wit-i a mailing address of 143-A Fairview Drive, Carlisle, Pennsylvania 17013. PEING the same promises which LYNFORD K. DONIVAN, by deed dated June 23, L987, and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Book T 32, Page 101, granted and conveyed unto DWAYNE H. EASTER and ZANA K. EASTER, his wife, Grantors herein. PREMISES BEING: 143A FAIRVIEW DRIVE. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:. I : u Oo ?? SHERIFF'S RETURN - REGULAR CASE NO: 2002-05532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS TANKERSLEY TIMOTHY A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TANKERSLEY JEANINE L AKA JEANINE L MOFFITT the DEFENDANT , at 1928:00 HOURS, on the 20th day of November , 2002 at 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 by handing to JEANINE TANKERSLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service Affidavit .00 Surcharge .00 10.00 .00 16.00 Prothonotary So Answers: Sworn and subscribed to before menn this day of /lXeu P ?a,„ A.D. R. Thomas Kline 11/21/2002 FEDERMAN & PHELAN By: I Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY MORTGAGE COMPANY VS TANKERSLEY TIMOTHY A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to lays, says, the within COMPLAINT - MORT FORE was served upon TANKERSLEY TIMOTHY A DEFENDANT at 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 by handing to TIMOTHY TANKERSLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /j, day of Ln ??c ?A I isr?? A. D. rothonotary the , at 1928:00 HOURS, on the 20th day of November , 2002 So Answers: R Thomas Kline 11/21/2002 FEDERMAN & PHELAN By: _ , Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY MORTGAGE COMPANY 3232 NEWMARK DRIVE MIAMIBURG, OH 45342 F#-3899 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT CIVIL DIVISION NO. 02-5532 Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TIMOTHY A. TANKERSLEY and JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint interest from 10/2/02 to 12/24/02 TOTAL $96,612.50 $ 1,596.84 $98,209.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. IWTrzkale?i? FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. G , DATE: ?- -U? PROPROTHY ?• - ' ? :1 ^?3 [ ..G t.,'.. • ``7 -rl ,.1 V-_ n'? t _ , _ ?+? ? i?=', . ., i_- _ _ , L ?.. ..? ` ' ?? ?? ` FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (.215) 561-7000 NATIONAL CITY MORTGAGE COMPANY Plaintiff VS. TIMOTHY A. TANKERSLEY JEANINE L. TANKERSLEY,A/K/A JEANNINE L. MOFFITT Defendant Attorney for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY NO. 02-5532 TO: JEANINE L. TANKERSLEY,A/K/A JEANNINE L. MOFFITT 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 DATE OF NOTICE: DECEMBER 11, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 frank Federman, Esquire Attorney for Plaintiff ? ?` c? ,?, ?? ,-? ? ;, `,? ?_ _ ?a <-? 4 Uj -'- _? -.. --' t-' ?? -t; -? ? .. [n "? r .:? ?? .J ? FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 NATIONAL CITY MORTGAGE COMPANY Plaintiff VS. TIMOTHY A. TANKERSLEY JEANINE L. TANKERSLEY,A/K/A JEANNINE L. MOFFITT Defendant(s) TO: TIMOTHY A. TANKERSLEY 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 DATE OF NOTICE: DECEMBER 11, 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-5532 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are?in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff A Yb P C r V v F N 1 c, 7 _ c l t 1 r ,, FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY MORTGAGE COMPANY 3232 NEWMARK DRIVE MIAMIBURG, OH 45342-F#3899 Plaintiff, V. TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5532 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIMOTHY A. TANKERSLEY is over 18 years of age and resides at, 143 A FAIRVIEW DRIVE, CARLISLE, PA 17013. (c) that defendant JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT is over 18 years of age, and resides at, 143 A FAIRVIEW DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -, c? - m? _ ? ? ::; ?J GS - {' (S`. 1, Y'!'? r47 ?_ !, ??? w 'rl ?\ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NATIONAL CITY MORTGAGE COMPANY Plaintiff, V. TIMOTHY A. TANKERSLEY No. 02-5532 JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/25/02 to 6/11/03 (per diem -$16.14) TOTAL $98,209.34 ? $ 2,727.66 and Costs $100,937.00 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. Q O Q Q Q a a a? o U zz w O F Uz E"' o 0 0 '? U U O Q, x? O ~? z F F i.r W W O w w z aw Z Q d? ?a O? E~-? d w z w ti M O Q ?S. w r? !H W U O w ? 3 ? ? G. 0 3 w O Lz1 ° ¢ n ., ? I W N1?_ b a I ? 1 al on -G DESCRIMON ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with Section E of the Plan of Lots of Jacob S. Shenk, known as Cloverleaf Acres No. 2, which Plan was recorded in the hereinafter named Recorder's Office on October 25, 1956; in Plan Book 8, Page 43, as follows: BECHNNING at a on the northern line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 7 and 8 of Section E; thence from said point at the Place of Beginning along said northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 6 and 7 of Section E; thence along said dividing line between Lots Nos. 6 and 7 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots Nos. 6 and 7 and 16 and 17 of Section E: thence along the dividing line between Lots Nos. 7 and 17 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet to a point at corner common to Lots Nos. 17 and 8 and 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the northern line of 60-feet wide Fairview Street at the place of beginning. THE ABOVE described tract of land contains 75 feet in front along the northern line of 60-feet wide Fairview Street and extends northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No. 7 of Section E as shown on said Plan of Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorder's Office in Plan Book. 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions and covenants attached to and applicable to said Plans recorded in Plan Book 8 at Page 7 and at Page 43. THE ABOVF, described tract of land is improved with a dwelling house with a mailing address of 143- A Fairview Drive, Carlisle, Pennsylvania 17103. Tax Parcel #I8-1363-022B TITLE TO SAID PREMISES IS VESTED IN Timothy A. Tankersley and Jeannine L. Moffitt, as joint tenants with right of survivorship by Deed from Dwayne H. Easter and Zana K. Easter, his wife dated 6/30/1999, recorded 7/2/1999, in Record Book 203, Page 90. Premises; 143A FAIRVIEW DRIVE, CARLISLE, PA, 17013 n c ON C (1) c ?f -7 CD ill n FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY MORTGAGE COMPANY Plaintiff, V. TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5532 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant Q Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4,,Xxi FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff c. ' rr,ill ; NATIONAL CITY MORTGAGE COMPANY Plaintiff, V. TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5532 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NATIONAL CITY MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 1 VALLEY STREET, STE. 103 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 23, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff {N DO NATIONAL CITY MORTGAGE COMPANY Plaintiff, V. TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT Defendant(s). TO: TIMOTHY A. TANKERSLEY 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 02-5532 December 23, 2002 JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY. Your house (real estate) at, 143 A FAIRVIEW DRIVE CARLISLE PA 17013, is scheduled to be sold at the Sheri fps Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,209.34 obtained by NATIONAL CITY MORTGAGE COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 nFSCRIPTION ALL THAT CERTAIN lot Of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded a n d described in accordance with Section E of t h e plan of s of Jb S. Shenk, known as Cloverleaf Acres No. 2, which Plan was recorded in the hereinaf Lot aco ter named Recorder's Office on October 25, 1956; in Plan Book 8, Page 43, as follows: BEGINNING at a on the northern line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 7 and 8 of Section E; thence from said point at the Place of Beginning along said northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 6 and 7 of Section E; thence along said dividing line between Lots Nos. 6 and 7 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots Nos. 6 and 7 and 16 and 17 of Section E: thence along the dividing line between Lots Nos. 7 and 17 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet to a point at corner common to Lots Nos. 17 and 8 and 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the northern line of 60-feet wide Fairview Street at the place of beginning. THE ABOVF, described tract of land contains 75 feet in front along the northern line of 60-feet wide Fairview Street and extends northwardly therefrom at an even width a distance of 140 feet, and is all or I of No. 7 of Section E as shown on said Plan of Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorder's Office in Plan Book 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions and covenants attached to and applicable to said Plans recorded in Plan Book 8 at Page 7 and at Page 43. THE ABOVE described tract of land is improved with a dwelling house with a mailing address of 143- A Fairview Drive, Carlisle, Pennsylvania 17103. Tax Parcel #18-1363-022B TITLE TO SAID PREMISES IS VESTED IN Timothy A. Tankersley and Jeannine L. Moffitt, as point tenants with right of survivorship by Deed from Dwayne H. Easter and Zana K. Easter, his wife dated 6/30/1999, recorded 712/1999, in Record Book 203, Page 90. Premises. 143A FAIRVIEW DRIVE, CARLISLE, PA, 17013 i c r ,? i co - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5532 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY Plaintiff (s) From TIMOTHY A. TANKERSLEY and JEANNINE L. TANKERSLEY a/k/a JEANNINE L. MOFFITT, 143 A FAIRVIEW DR., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 143 A FAIRVIEW DR., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCRIPTON). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 98,209.34 L.L. $.50 Interest 12/25/02 TO 6/11/03 @ $16.14 per diem $2,727.66 Atty's Comm % Due Proth y $1.00 Atty Paid $129.45 Other Costs Plaintiff Paid Date: DECEMBER 26, 2002 CURTIS R. LONG Prothonotary (Seal) By: k A..L REQUESTING PARTY: Dep ty Name FRANK FEDERMAN ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 HILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: NATIONAL CITY MORTGAGE COMPANY CIVIL ACTION vs. TIMOTHY A. TANKERSLEY ) CIVIL DIVISION JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT ) NO. 02-5532 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for NATIONAL CITY MORTGAGE COMPANY hereby verify that on 12/26/02 & 4/22/03 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 8. 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff £oL6l WOOd1Z W021-A Q31?VIN , zooz 9Z 030 LL£oo£booo 0OZ30 VL zo a` 53""09 A1; C l z Q 1 s© )b S?d? ?1S'Od?dy 0 0 z?ao° H a v? da°?a r!?yr?' a W aa"Q ? FWMUEiM"??M x~ r, W W Q. O rA W to 4 1??1 1??1 (/] 14 Q Q E t'7 E5 v E G y y y ?`) M ?' b y«:1 zQo 0 n E z h I - h P. v ? T 8 0 a o P, H W 0-4 N 0 U u ,4 L 4, O O ?a Q' £ H ?b z; Ha v ? w oQ A v V'1 t o t- 00 p? O ... N M vi z ..1 CD 0 W F M O Q ?Wa ?w~ va za ?zW a? ii d a ? d c co eo a'? ? ?'_ - c. ?:_ , ?, `_ -s ... . -- ?Zf.'.r v _ _,.?' _ _-_ ?: --v F. _ ?'. ..,._ .--? ?l - Z-' , r- r . ?? _ !) .=- i°= ?? -.-1 ? ? fl y t- •• L'_ ?S7 FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY MORTGAGE COMPANY V. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO: 02-5532 TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT PRAECIPE TO SUBSTITUTE PARTY PLAINTIFF TO THE PROTHONOTARY: Please Substitute the Party Plaintiff in the above listed case. This Mortgage was assigned to Aurora Loan Services, Inc., said assignment was recorded on 2/27/03 in Book 694 Page 4303. Plaintiff should now be: AURORA LOAN SERVICES, INC.. F NK FEDERMAN, ESQUIRE DATE: June 18. 2003 Attorney for Plaintiff N W? c:. ri COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aurora Loan Serv hie is the grantee the same having been sold to said grantee on the I Ith day of June A.D., 2003, under and by virtue of a writ Execution issued on the 26th day of Dec, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 5532. Number 4?, at the suit of National City MtQ Co against Timothy A Tankersley & Jeannine L aka Jeannine L Moffitt is duly recorded in Sheriff's Deed Book No. 257, Page 4762. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this PAT , A.D. 2003 3 day of Recorder of Deeds Reeorder of Deeds, CumDSduM ?0"1* PA My eammieebnfixptree the Fleet ati tn" National City Mortgage Company VS Timothy A. Tankersley and Jeannine L. Tankersley a/k/a Jeannine L. Mofitt In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5532 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on February 07, 2003 at 3:45 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Timothy A. Tankersley, by making known unto Jeannine Tankersley, wife of defendant, at 143 A Fairview Dr., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on February 07, 2003 at 3:45 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeannine L. Tankersley a/k/a Jeannine L. Moffitt, by making known unto Jeannine L. Tankersley, personally, at 143 A Fairview Dr., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2003 at 6:29 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Timothy A. Tankersley and Jeannine L. Tankersley a/k/a Jeannine L. Moffitt located at 143 A Fairview Dr., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Timothy A. Tankersley, by regular mail to his last known address of 143 A Fairview Dr., Carlisle, PA 17013. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Jeannine L. Tankersley a/k/a Jeannine L. Moffitt, by regular mail to her last known address of 143 A Fairview Dr., Carlisle, PA 17013. This letter was mailed under the date of April 04, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Aurora Loan Services, Inc. It being the highest bid and best price received for the same, Aurora Loan Services, Inc. of 601 5th Ave., Scottsbluff, NE 69361, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $972.30. Sheriffs Costs Docketing $30.00 Poundage 19.06 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail Levy 15.00 Surcharge 30.00 Law Journal 409.55 Patriot News 300.55 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 972.30 Sworn and subscribed to before me This V 6? day of 2003, A.D. , ro honotary So s s: R. Thomas Kline, Shheepriff BY Jdd-q S' Real Estate eputy 3° a u Sp A, r39P.2Y NATIONAL CITY MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS TIMOTHY A. TANKERSLEY 7 DIVISION , JEANNINE L. TANKERSLEY A/K/A JEA NNINE *.? L. MOFFITT Nd?0?32 Defendant(s). ?. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) NATIONAL CITY MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,143 A FAIRVIEW DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 1 VALLEY STREET, STE.103 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest.may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 23.2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff s1 NATIONAL CITY MORTGAGE COMPANY Plaintiff, V. TIMOTHY A. TANKERSLEY JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT Defendant(s). CUMBERLAND COUNTY No. 02-5532 December 23, 2002 TO: TIMOTHY A. TANKERSLEY 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 JEANNINE L. TANKERSLEY A/K/A JEANNINE L. MOFFITT 143 A FAIRVIEW DRIVE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 143 A FAIRVIEW DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 6111/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,209.34 obtained by NATIONAL CITY MORTGAGE COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may calf: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 RFSCRIP'i'ION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with Section E of the Plan of Lots of Jacob S. Shenk, known as Cloverleaf Acres No. 2, which Plan was recorded in the hereinafter named Recorder's Office on October 25, 1956; in Plan Book 8, Page 43, as follows: BEGINNING at a on the northern line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 7 and 8 of Section E; thence from said point at the Place of Beginning along said northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of 75 feet to a point at the dividing lime between Lots Nos. 6 and 7 of Section E; thence along said dividing line between Lots Nos. 6 and 7 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots Nos. 6 and 7 and 16 and 17 of Section E: thence along the dividing line between Lots Nos. 7 and 17 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet to a point at corner common to Lots Nos. 17 and 8 and 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, South 34 degrees 45 minutes Fast, a distance of 140 feet to a point on the northern line of 60-feet wide Fairview Street at the place of beginning. THE ABOVE described tract of land contains 75 feet in front along the northern line of 60-feet wide Fairview Street and extends northwardly therefrom at an even width a distance of 140 feet, and is all of Izt No. 7 of Section E as shown on said Plan of Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorder's Office in Plan 13ook.8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions and covenants attached to and applicable to said Plans recorded in Plan Book 8 at Page 7 and at Page 43. THE ABOVE, described tract of land is improved with a dwelling house with a mailing address of 143- A Fairview Drive, Carlisle, Pennsylvania 17103. Tax Parcel #18-1363-022B TITLE TO SAID PREMISES 1 VESTED IN Timothy A. Tankersley and Jeannine L. Moffitt, as joint tenants with right of survivorship by Deed from Dwayne H. Easter and Zana K. Easter, his wife dated 6/30/1999, recorded 7/2/1999, in Record Book 203, Page 90. Premises: 143A FAIRVnW DRIVE, CARLISLE, PA, 17013 DESCRIPTION ALI. THAT CERTAIN tot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described in accordance with Section E of the Plan of Lots of Jacob S. Shenk, known as Cloverleaf Acres No. 2, which Plan was recorded in the hereinafter named Recorder's Office on October 25, 1956; in Plan Book 8, Page 43, as follows: BEGINNINGS at a on the northern line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 7 and 8 of Section E; thence from said point at the Place of Beginning along said northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos, 6 and 7 of Section E; thence along said dividing line between Lots Nos. 6 and 7 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at corner common to Lots Nos. 6 and 7 and 16 and 17 of Section E: thence along the dividing line between Lots Nos. 7 and 17 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet to a point at corner common to Lots Nos. 17 and 8 and 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a paint ou the northern line of 60-feet wide Fairview Street at the place of beginning. THE ABOVE, described tract of land contains 75 feet in front along the northern line of 60-feet wide Fairview Street and extends northwardly therefrom at an even width a distance of 140 feet, and is all of I.ot No. 7 of Section E as shown on said Plan of Cloverleaf Acres No. 2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorder's Office in Plan Book. 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions and covenants attached to and applicable to said Plans recorded in Plan Book 8 at Page 7 and at Page 43. THE ABOVE, described tract of land is improved with a dwelling house with a mailing address of 143- A Fairview Drive, Carlisle, Pennsylvania 17103. Tax Parcel #18-1363-022B TITLE TO SAID j'REMISES IS VESTED ZN. Timothy A. Tankersley and Jeannine L. Moffitt, as joint tenants with right of survivorship by Deed from Dwayne H. Easter and Zana K. Easter, his wife dated 6/3011999, recorded 7!211999,, in Record Book 203, Page 90. 17013 Premises: 143A FAIRVXZW DRIVE, CARLISLE, PA, 4 t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5532 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY MORTGAGE COMPANY Plaintiff (s) From TIMOTHY A. TANKERSLEY and JEANNINE L. TANKERSLEY a/k/a JEANNINE L. MOFFITT, 143 A FAIRVIEW DR., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 143 A FAIRVIEW DR., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCRIPTON). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 98,209.34 L.L. $.50 Interest 12125/02 TO 6/11/03 @ $16.14 per diem $2,727.66 Atty's Comm % Due Prothy $1.00 Atty Paid $129.45 Other Costs Plaintiff Paid Date: DECEMBER 26, 2002 CURTIS R. LONG Protho tary (Seal) By:_. De uty REQUESTING PARTY: Name FRANK FEDERMAN ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 HILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale # 25 On February 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA known and numbered as 143 A Fairview Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2003 ByJ Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .............................. ....1D. , .?.. COPY Sworn to and subscr' ed efore me is 14th day of 200 S A L E #25 Notarial S Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 6, 2006 NOT RY PUBLIC Member, Pennsylvania Association 0f Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 298.80 ' Probating same Notary Fee(s) $ 1.75 Total $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... e REAL ESTATE SALE No. 25 Writ No. 2002-5532 Civil Term National City Mortgage Company vs Timothy A. Tankersley and Jeannine L. Tankersley A/k/a Jeannine L. Moffitt .Atty: Frank Federman DESCRIPTION ALI. THAT CERTAIN lot of ground situate in Middlesex --wnship, Cumberland County. Pennsylvania, bounded and described in accordance with Section E of the Plan of Lots of Jacob S. Shenk, known as Cloverleaf Acres No. 2, which Plan was recorded in the hereinafter named Recorder's OF,, on October 25, 1956. in Plan Book 8, Page 43, as follows: BEGINNING at a ??? on the northern line of 60-feet wide Fairvie,! Street at the dividing line between Lots Nos. 7 and 8 of Section E; thence from said point at the Place of Beginning along said northem line of 60-feet wide Fairview Street. South 55 degrees 15 minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 6 and 7 of section E: thence along said dividing line between Lots Nos. 6 and 7 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at corner common to Lots Nos. 6 and 7 and 16 and I? o1' Section E; thence along the dividing line between Lots Nos. 7 and 17 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet to a point at comer common to Lots Nos. 17 and 8 and 7 and 8 of Section E. thence along said dividing line between said Lots Nos. 7 and 8 of Section L', South 34 degrees 45 minutes East. a distance of 140 feet to a point on the northern line of 60-feet wide Fairview Street at the place of BEGINNING THE ABOVE described tract of land contains 75 feet in front along the northern line of 60-feet wide Fairview Street and extends northwardh therefrom at an even width a distance of 140 feet. and is all of Lot No.7 of Section E as shown on said Plar of Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named R corder's Of ice in Plan Book 8. Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions and covenants attached to and applicable to said Plan? recorded in Plan Book 8 at Page 7 and at Page 43. THE ABOVE described tract of land is. improved wi'h a dwelling house with a mailing address of 143-A Fairview Drive, Carlisle. Pennsylvania 17103. 'Fax Parcel #18.1363-022B. TITLE TO SAID premises is vested in Timothy A. Tankersley and Jeannine L. Moffitt, as joint tenants with right of survivorship by deed from Dwayne H. Easter and Zana K. Easter, his wile. dated 6/30/1999, recorded 7/2/1999, in Record Book 203. Page 90. PREMISES: 143A Fairview Drive. Carlisle. 1 17013. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. /1-isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 LOBS E. cow a., E i Maw 5, FAUL. OW" 30. !i 8 Of 400 E: t acec siosrg said writ No. 2002-5532 Civil dMdMg Ifte behreen sedd Lots Nos. National City Mortgage Company 7 and 8 of Section E. South 34 de- ws. grees 45 minutes East, a distance Timothy A. Tankersley and of 140 feet to a point on the north- Jeannine L. Tankersley, a/k/a ern line of 60-feet wide Fairview Jeannine L. Moffitt Street at the place of beginning. Atty.: Frank Federman THE ABOVE described tract of land contains 75 feet in front along DESCRIPTION the northern line of 60-feet wide ALL THAT CERTAIN lot of ground Fairview Street and extends north- situate in Middlesex Township, wardly therefrom at an even width Cumberland County, Pennsylvania, a distance of 140 feet, and is all of bounded and described in accor- Lot No. 7 of Section E as shown on dance with Section E of the Plan of said Plan of Cloverleaf Acres No. 2 Lots of Jacob S. Shenk, known as recorded as aforesaid. See also Plan Cloverleaf Acres No. 2, which Plan of Cloverleaf Acres recorded Octo- was recorded in the hereinafter ber 2, 1956, in the hereinafter named named Recorder's Office on Octo- Recorder's Office in Plan Book 8, ber 25, 1956, in Plan Book 8, Page Page 7. 43, as follows: THE ABOVE described tract of BEGINNING at a on the northern land is conveyed under and subject line of 60-feet wide Fairview Street to building restrictions and covenants at the dividing line between Lots attached to and applicable to said Nos. 7 and 8 of Section E; thence Plans recorded in Plan Book 8 at from said point at the Place of Be- Page 7 and at Page 43. ginning along said northern line of THE ABOVE described tract of 60-feet wide Fairview Street, South land is improved with a dwelling 55 degrees 15 minutes West, a dis- house with a mailing address of 143- tance of 75 feet to a point at the A Fairview Drive. Carlisle, Pennsyl- dividing line between Lots Nos. 6 vania 17103. and 7 of Section E; thence along Tax Parcel #18-1363-022B. said dividing line between Lots Nos. TITLE TO SAID PREMISES IS 6 and 7 of Section E. North 34 de- VESTED IN Timothy A. Tankersley grees 45 minutes West, a distance and Jeannine L. Moffitt, as joint ten- of 140 feet to a point at corner com- ants with right of survivorship by mon to Lots Nos. 6 and 7 and 16 Deed from Dwayne H. Easter and and 17 of Section E; thence along Zana K. Easter, his wife dated 61 the dividing line between Lots Nos. 30/1999, recorded 7/2/1999, in 7 and 17 of Section E, North 55 Record Book 203. Page 90. degrees 15 minutes East, a distance Premises: 143A FAIRVIEW of 75 feet to a point at corner am- DRIVE, CARLISLE, PA 17013. man to Lots Nos. 17 and 8 a W 7 and U?