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Home My WebLink About02-5857IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, W. MICHAEL WEBB and BETSY F. WEBB, Defendants. TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO., L.P.A. A~I'ORN EYS Fof~SLAIN~'~F I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: N54 W13600 Woodale Drive Menomonee Falls, WI 53051 AND THE DEFENDANT ARE: 126 East Penn Street Carlisle, PA 17013 WELTMAN, WEINBERG & REIS CO., L.P.A. I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 126 East Penn Street Carlisle, PA 17013 Bgh of Carlisle WELTMAN, WEINBERG & REIS CO., L.P.A. ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#02666273 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/iA FAIRBANK MORTGAGE CORP., Plaintiff, W. MICHAEL WEBB and BETSY F. WEBB, Defendants. NO: 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 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 fudher 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 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: D.2. V. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURF And now, comes Plaintiff, Bank One, N.A., s/i/i/t Fairbank Mortgage Corp., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is Bank One, N.A., s/i/i/t Fairbank Mortgage Corp., a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff"). 2. The Defendants are W. Michael Webb and Betsy F. Webb, adult individuals whose last known address is 126 East Penn Street, Carlisle, PA 17013. 3. On or about June 17, 1999, the Defendants executed a Note in the original principal amount of $50,400.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 17, 1999, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $50,400.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 28, 1999 in Mortgage Book Volume 1553, Page 255. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Fairbank Mortgage Corp., assigned all of its right, title and interest in and to the Mortgage to Banc One Financial Services, Inc., pursuant to an Assignment of Mortgage, which was recorded on November 24, 1999, in Mortgage Book Volume 631, Page 573. 6. Banc One Financial Services, Inc., assigned all of its right, title and interest in and to the Mortgage to Plaintiff, pursuant to an Assignment of Mortgage 7. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 8. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 9. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 10. On or about August 6, 2002, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 11b The amount due and owing Plaintiff by Defendants is as follows: Principal $ 49,709.38 Interest thru 7/30/02 $ 1,945.75 Late Charge thru 7/30/02 $ 71.94 Execution Costs thru 7/30/02 $ 0.00 Attorneys' Fees thru 7/30/02 $ 1,000.00 Other Charges $ 50.00 TOTAL $ 52,777.07 12. 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 "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $52,777.07, with interest thereon at the rate of $14.97 per diem from July 30, 2002, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHA/ I BE USED FORTHATPURPOSE. WELTMAN, WElkin. Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 O. Loan Number : 99PA324 NOTE June 17, 1999 FEd~rffcsh,-g 126 EAST PENN STREET, CARLYSLE, PA 17013 L BORROWER,S PEOMISE TO PAY In r~urn for a loan that I hay* r~c*ivext, ] promi~ to pay U.S. $ 5 0,4 0 0 . 0 0 (th~ amount ia called FAI~ MOR~AGE CORPORATION · 2. ~E~ST 6(B) of~ Note. (A) T~e and P~ce of Paymen~ 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan t barges, is finally inlerpreted so that the interesl or othex lo~ o. harge~ ¢oll~zted or to be colle, clr. d in connection with this lom~ exceed the t~rmitted limits, then: (i) any such loan charge ~,hall b~ reduced by ~ amount necessary to reduce the chars= lo the perm ed limit; and (10 any sums already collated from me which exceeded pe~nittcd limits will be refunded to mc. 'D~¢ Note Holder may choose to make this refund by reducing tl~ principal I owe under this Note or by making a direct payment to me, If a refund reduces principal, reduction will bo treated as a part a pr*payment. 6..B. ORROWER'$ 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 If I do not pay the fuI1 amoum of each monthly payment oa the date st ~s duc, I will he in default. (C) Notice of Default If I ~tm in default, thc Note Holder may send mc a written notice telliag me that if I do no~ pay the overdue amoum by a certain date, th~ Note Holder may require me to pay immediately the full amount of pdm¢ipal which has hal been paid and all marled to me. (D) No Waiver By Note Holder 7. GIVING OF NOTICES 9. WAIVERS 10. UN1FORM SECUP,.ED NOTE Transfer of the Property or a Beneficial Interest in Borrow~,r. If alt or any pa~ of cbc o~ __(Seal) __(Seal) (Seal) _(Seal) [Stgn Origimd Only! ,/.. ~lVI'ORTGAGE THIS MORTGAGE ("Securky Instnlmem") is given on June 17, 1999 W. MICHAEL WEBB BETSY F. WEBB · The mortgagor, is ("Borrower'). This Security lnstrumem is giveu to FAIRI~ANK MORTGAGE CORPORATION which is organized and existing under thc laws of CONNECTICUT , and whose address is 84 PROGRESS LANE WATERBURY, CT 06705 ("Lender"). Borrower owes Lender Ihe pritgipal sum of FIFTY THOUSAND FOUR HUNDRED AND 001100 Dollars (U.S. $50,400.00). This debt is evidenced by Borrower's note dated the same date as this Seellrtty Instrument ("Note"), which provides for monthly payments, with the full debt, if no paid earlier, due and payab e on June 22, '2014 This Security Instrument s~cures to Lender: (a) thc r~payl~ent of the debt evldeneefi by the Note, with interest, and all reuewals. See Exhibit "A" legal description Attached hereto and made a part hereof which has the address of 126 EAST PENN STREET CARLISLE Pen]]sylvania , 17013 {Z,pCodc} ("Pcopert)rAddtess-) TAX PARCEL NO. 02-21'0318-057 ALL THAT CERTAIN improved lot of land s%tuate %~ the Borough Of Carli$1e, Cumberland County, Pennsylvania, bounded and described as follows: £oragoiag is referred to in thi~ Security Instrument as the 'Property." BORB:OWER COVENANTS that Borrower ~s lawfully seised of the c,~atc hereby conveyed and has thc right to gram and convey the Property and that the Properly is unencunlbered, except for encumbrances of record. Borrower warrants and will defend generally 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal el' dm day momhly payments are due under the Note, until the Note is paid in £Ldl, a sum' CFunds") for; (a) yearly taxes and assessmcnls Property, il' any; (c) yearly hazard or properly insurance premimns; (d) ye,, ly flood insurance premiums, il' any; (e) yearly mortgage insurance premiums, if any; and (l) 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 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 lo the Funds sels a lesser amount. If so, Lender may, al any time. collect and hold Lender, if Lender is such an institution) or in auy Federal Home Loan Bm~k, Lender shall apply the Funds lo pay the Escrow Items. interesl shall be paid on Ihe Funds. Lender shofl give to Borrower, wiglotll charge, all amies accoun ng of thc Funds showing credils and debits lo the Funde and the purpose for whicl~ each debit to Ihe Funds w;,s made. The Funds are pledged as additional secur~ty for all If the Funds held by Lemler exceed the amounts permitted to he held hv app cab e law, Lender shall account to Borrower for the Upon paymenl in full of all sums secured by this Security lnstr~meul' Lender shall promptly refund (o ~orrowcr any Funds hctd by Lender. If, under paragraph 21, Lender shall acquire or sell the Properb. Lender, pr or to the acquisition or sale of the Property, shall appIy any Funds held by Lender at the lime of acquisition or sale as a credit against the sums secured by this 5ecurily Instrument. 3. AppBeatlon of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I ami 2 4. Charges; Lie~.s. Borrower shall pay all taxes, a~s~ssmenrs, charges, fines and impositions attributable Io the Property which payment. Borrower shall promptly furnish to Lender all notices of amounts ~o be paid under this paragraph. 1{' Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts evideuchlg [lie payments. Borrower shall promptly discharge any lien whicb has priority over this Security lmtrument unless Borrower: (a) agrees in writing msumd against loss by fire. hazards included within the term *cxim~ded coverage" and any other hazards. }nch~ding floods or floodmg, rights iu the Pro.fly in accordance with paragraph 7. Unless ~nder ~d Borrower otherwise agree in writing, insurance l)r~ shall ~ appli~ to restoration or repair of the w~hin 30 days a n~ic* from ~ndet ~at thc insurance carrier has offered m settle a claim, then ~cr may collect lhe msurance Security I~lmmcnt, or ~e~ is a leg~ p~c~ding that may significantly affect ~ndcr's rishtm in the Property'(such as a preceding in secured by a lien whl~ has priority o~r ~is Security Instrument, appearing m court, paying *ea~blc attorney~' fees and ~ntering on 8. Morlgage Insurance. If ~ndet rcquimd mortgage insurance as ~t condition of making the loan secured by {his Security payments may no iot~gcr he requirecl, at the: option of Lender. ii' mortgage m~urnnce coverage (in the amounl and for the p~iod Ih~n Lender requires) provided by an insurer approved by Lender again becomes :,v~=ilable and ia obtained. Borrower aha]l pay thc prcmium~ required to maintain mortgage in.sutance in effecl, or to provide a loss reserve, until the ~'equiremcnt for mortgage insuranc~ ends ~u accordance with any written agreement between Borrower and Lender or appl~c.lbl¢ law. 9. Inspection. Lender' or its agent may make reasonable entries upon ~l inspectiona of the Property. Lender shall give Borro,.vcr notice at thc tlm= of or prior to an i=pection specifying reasonable cause for Ibc inspection. 10. (-~ol~demnaitton. Tile proceeds of any award or claim for dam,~ges, direct or consequential, in connector with any 17. Trant~fer of the Property or n Beneficial [nter~t itt Borrower, It al] or any part of thc Property or any inIerest in it is sohl or transferred (or if a beneficial interest in Borrower is sold or ransl~:rred all ~ Borrower is not a natural person) withoul Lender's prior written consent, Lender may, al ils option, require immediate payment in full of all sums secured by Ihis Security Instn.nent. However, thi~ option shall vol be exercisnd by Lender if exercise is prohibgnd by t~deral law as of the dale of Ihls Seeurny Ins[ruxtlenL If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall prowde a period of not less tha~l 30 day~ from the date the notice is delivernd or mailnd wififin wtficl~ Borrower mus~ pay all sums secured by this Securgy this Security hlslrumem discontinued at any time prior ~o the earlier of: (a) 5 days (or such other period ns applicable law may spec~ty judgmem enforcing this Security Ivattument. Those conditions are that Bono~ver: (a) pays Lender all sums which Ihen would be d.c Properly ~md Borrower's obligalion to pay the sums secured by this Securily Ins~rument shall continue unchnnged. Upon reinslalement hy Borrower, this Security Instrumem and the obligations secured hereby shall ~emain flgly effective as it' no acceleration had occurred. However. this right to reinstate shall not apply in the case of acceleration under paragrap~ 17. 19. Sale of l~ote; Change or Loan Bervicer. The No~e or a parfial in~erest in the Note (together with this Security Instrumem) the Loan Servicer unrelated to a sale of the Nole. If there i~ a change of the Loan Servicer, Borrower will be given written notice or the change in accordance with paragraph 14 above and applicabl~ law. The notice will state the name and address of the new Loan Servicer of any Environmental Law. 'fhe preceding t~vo sentences ~hall not apply to the presence, use, or s~orage on the Property of small Property. Borrower ~hall promptly give Lender written notice et' any investigation, claim, demand, lawsuit or other action by any other remndlafion of at~y H~zardou$ Substance affecting the Property is necessary, Borrower shall promptly-take all necessary remed.fl NON-UNIFORM COVENANTS. Borrower and Lender further coven~nl and agree as follows; covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable la~v provides otherwL~). The notice shall specify: (a) the deP~ult; (b) the actinn required to cure the default; (c) a date, not less than 30 days from the date the nO~ce is given to Borrower, by which the defaul! must be cured( and (d) that failure to c~*re the default the Property. The notice shall Purth~r Inform Borrower or the right to rclnstate after acceleration and the right lo bring a com't cured ~n or befor~ lbo dal~ sp~eilled in the notice, Lender at its option, may require hnmedi~te p~yment In Pull of all sums Instrument and ~hall ~urrender all notes ~videncing debt secured by this Security Inslrumem to Trustee. Trustee shall release this · · 24. Reinstatement Period. Borrower's tlm¢ io reinstate provided in paragrap~ {8 shah cxicnd to one hour prior [o thc Property, this Security instrument shah bca purchase money mortgage. 26. lnteresI Rate After Judgment. Borrower agrees that thc imercst rate payable after a judgment is cmercd an the Note or covenams and agreements of this Security Instrmn~nt as if thc rider(s) wcre a part of this Security Instrument. (Check applicable [:]Adjusiable Rale Rider E]Condominium Rider ~11-4 Family Rider [3Graduated Payment Rider [] Planned Unit Development P~dcr [] Biweekly Payment Rider F3Balloon Rider [3Rate Improvement Rider [] Second Home Rider ~3V.A. Rider ~Other(s) [specify] ~ A Abl) PP~nA~,I~ R.U~ER rider(s) executed by Borrower and recorded with n. _(Seal) .(Seal) Certificate o Resldenc On this. Ihe /,~L d,y of ':~ ]: C /Mil .before me. the undersigned officer. personal y appe red / LC,. ~.,c.l~/ ~el~ ~..,~ ~1:~. /.'~,'~') ~own to ~ (or aatisf~torily proven) lo ~ tile person ~ ~se name c [L~ subscri~d to the w' ccmed Ihe same fo:'~e pu~se$ h IN WITNESS WHE~OF, ihere~ntose ny and~dofficialsea.~ . 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 the event within a 30-day period you request in writing the name of the original creditor, it will be provided to 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 30-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. VERIFICATION 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 ~-~-.~//-// /'{-.)/////~//'~-//-/ , /~'~ YJ~/~ ----/'"/"~/',~///z~oof Bank One, N.A. plaintiff herein, that he/she is duly authorized (TITLE) 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. (-(~,~g nature) SCOTT WILLIAMS Assistant Vice President SHERIFF'S RETURN - REGULAR CASE NO: 2002-05857 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA VS WEBB W MICHAEL 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 WEBB W MICHAEL the DEFENDANT , at 1830:00 HOURS, on the 20th day of December , 2002 at 126 EAST PENN STREET CARLISLE, PA 17013 W MICHAEL WEBB by handing to 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 -~zA day of ~r~t~notary So Answers: R. Thomas Kline -~3~/-~ 12/30/2002 WELTMAN WEINBERG REIS SHERIFF'S RETURN - REGULAR CASE NO: 2002-05857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA VS WEBB W MICHAEL ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEBB BETSY F the DEFENDANT , at 1847:00 HOURS, on the 26th day of December , 2002 at 30 MILLER STREET LEMOYNE, PA 17043 by handing to BETSY F WEBB 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 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this 3.~ day of ~{-~ '7 ._'3 ~ ,5 A.D. ' 16rStFl~n0tary ~ ~ / So Answers: 12/30/2002 WELT~ WEINBERG REIS Deputy S~riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE,N.A., sli/i/t FAIRBANK MORTGAGE CORP., Plaintiff No. 02-5857 VS, W. MICHAEL WEBB and BETSY F. WEBB, Defendants PRAEClPE FOR DEFAULT JUDGMENT (IN REM) I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: N54 W13600 Woodale Drive Menomonee Falls, WI 53051 Kimberly J. Hong, Esquire PA I.D. NO. 74950 AND THE DEFENDANT IS: 126 East Penn Street Carlisle, PA 17013 (W, Michael) 30 Miller Street Lemoyne, PA 17043 (Betsy) WELTMAN, WEINBERG.~~ BY: ~ ~//// ATTORNEYS FOR PLAINTIFF Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7® Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 02666273 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE,N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff No. 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants PRAECIPE FOR DEFAULT JUDGMENT (IN REM) TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, W. Michael Webb and Betsy F. Webb, above named, in the default of an Answer, in the amount of $55,973.52 computed as follows: Principal Interest thru 2/4/03 at the legal interest rate of $14.97 per diem Late Charges thru 2/4/03 Corp. Advance thru 2/4/03 Execution Costs thru 2/4/03 Attorneys fees thru 2/4/03 Title Search $ 49,709.38 $ 4,774.56 $ 191.84 $ 247.74 $ o.oo $ 1,000.00 $ 5o.oo TOTAL $ 55,973.52 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, W I By: CO., L.P.A. Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICF 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.P.A. By: / Kimberly J. H~)ng Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff VS. W. MICHAEL WEBB and BETSY F. WEBB, Civil Action No. 02-5857 Defendants. TO: Betsy F. Webb 30 Miller Street Lemoyne, PA 17043 Date of Notice: //~, ~/~ ~ IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE 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 County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Kimberly J. H~ng Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff VS, W. MICHAEL WEBB and BETSY F. WEBB, Civil Action No. 02-5857 Defendants. IMPORTANT NOTICE TO: W. Michael Webb 126 East Penn Street Carlisle, PA 17013 Date of Notice: I I~ [6 ~ YOU ARE IN DEFAULT BECAUSE 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 County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTMAN,By: W~/~,--~L'P'A''~ Kimberly J/,Clon g Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/iA FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. TYPE OF PLEADING: PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimbefly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR # 02666273 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County against Defendants, W. Michael Webb and Betsy F. Webb for the amount of: 1. Judgment Amount Interest at the rate of $14.97 per diem from 2/4/02 to 6/11/03 2. Late Charges thru 6/11/03 $ 55,973.52 $ 1,901.19 $ 119.90 TOTAL $ 57,994.61 With continuing interest at the aforesaid rate plus appropriate additional attomey fees and costs. Date: Costs (to be added by Prothonotary) ~mberly J. Hong Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pe~sylvania 15219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5857 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A., S/I/UT FAIRANK MORTGAGE CORP., Plaintiff (s) From W. MICHAEL WEBB AND BETSY F. WEBB (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 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 $55,973.52 L.L. $.50 Interest AT THE RATE OF $14.97 PER DIEM FROM 2/4/02 TO 6/11/03 Atty's Comm % Atty Paid $139.80 Plaintiff Paid Date: MARCH 6, 2003 (Seal) REQUESTING PARTY: Name KIMBERLY J. HONG Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 74950 Due Prothy $1.00 Other Costs LATE CHARGES THRU 6/11/03 - $119.90 CURTIS R. LONG Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff, who being duly swom according to law deposes and says that the owners of the property located at 126 East Penn Street, Carlisle, PA 17013 are Defendants, W. Michael Webb and Betsy F. Webb, who reside at 126 East Penn Street, Carlisle, PA 17013 (W. Michael) and 30 Miller Street, Lemoyne, PA 17043 (Betsy), to the best of her information, knowledge and belief. Sworn to and subscribed before me this ~2~__~_~daY o~ ~ 2003 KIMBERLY~J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S. 101, ET. SEO, 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 Kimberly J. Hong, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about August 6, 2002, Defendants were 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 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, info ,m~. ation and belief. KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Bank One, N.A., 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 W. Michael Webb and Betsy F. Webb, located at 126 East Penn Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF W. MICHAEL WEBB AND BETSY F. WEBB OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 126 EAST PENN STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 202, PAGE 537, PARCEL NUMBER 02-21-0318-057 The name and address of the owners or reputed owners: W. Michael Webb Betsy F. Webb The name and address of the Defendants in the judgment: W. Michael Webb Betsy F. Webb the real property to be sold: 126 East Penn Street Carlisle, PA 17013 30 Miller Street Lemoyne, PA 17043 o 126 East Penn Street Carlisle, PA 17013 30 Miller Street Lemoyne, PA 17043 The name and last known address of every judgment creditor whose judgment is a record lien on Bank One, N.A., et.al. (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Bank One, N.A., et.al. (Plaintiff) American General Finance 6 South Hanover Street Carlisle, PA 17013 The name and address of every other person who has any record lien on the property: NONE 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 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 One Courthouse Square Carlisle, PA 17013 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. ! 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.~ ~,~' Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this~day of~003- ~ c p. ~'~ .'R,,.,~-0 ' .... ,., , r0 'l.',Tx( ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN improved lot of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by East Penn Street, on the East by lot now or formerly of Bertha Walker; on the South by an alley and on the West by lot now or formerly of Mary Leffier; containing 20 feet in front on said East Penn Street and Extending back the same width 118 feet, more or less, to said alley; and being improved with a two and one-half story dwelling house, numbered 126 East Penn Street. BEING the same premises which William M. Hench and Patricia J. Hench, his wife, by Deed dated 5/17/1993 and recorded in Cumberland County on June 28, 1999 at Deed Book Volume 202, Page 537, granted and conveyed to W. Michael Webb and Betsy F. Webb, his wife. TAX PARCEL: 02-21-0318-057 L.p.A. WELTMAN, WEINBERG & REIS, C/O:;' Kimberly J. Hon~,~~/~ Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 T¥' pE q$¥LV CIVIL DIVISION TIlE coURT OF COMMON pLEAS OF C~EKLA~rD BANK oNE, N.A., s/i/i/t F AIKB ANK MORTGAGE COP, P- plaintiff, KO: 02-5557 VS. W. MICHAEL wEBB and BETSY F. WEBB, DefendantS'~ Betsy F. Webb TO: W. Michael Webb 30 Miller Street 126 East Penn Street Lemoyne, PA 1'7043 Carlisle, PA 17013 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 June 11, 2003, at 10:00 A.M., the following described real estate, of which W. Michael Webb and Betsy F. Webb are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF W. MICHAEL WEBB AND BETSY WEBB OF, IN AND TO: SITUATED IN THE BOROUGH coMMONWEALTH OF pENNSYLVANIA' HAVI ALL THE FOLLOWING DESCRIBED REAL ESTATE cARLISLE, couNTY OF cuMBERLAND, NUMBERED AS 126 EAST PENN STKE ERECTED THEREON A DWELLING KNOWN AND 18- cARLISLE, PA 17013. DEED BoOK VOLuME 202, PAGE 537, pARCEL NUMBER 02-21-03 The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, VS. W. MICHAEL WEBB and BETSY F. WEBB, at Execution Number 02-5857 in the amount of $57,994.61, 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. Cumberland County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 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 Sheriff's 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 Sheriff's 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 Sheriff's 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, WEIN[ E'~G & Ry/IS, CO., L.P.A. Kimberly .~.Hong, E~t ,uire Attorneys foi: Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Bank One, N.A., s/i/i/t Fairbank Mortgage Corp. VS W. Michael Webb and Betsy F. Webb In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5857 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Kimberly Hong. Sheriff's Costs: Docketing 30.00 Poundage 5.26 Posting Handbills 15.00 Advertising 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 14.49 Certified Mail Levy Cumberland Law Journal Patriot News Share of Bills 15.00 62.35 54.66 25.24 $ 268.50 paid by attorney 5/14/03 Sworn and subscribed to before me This -/7 ~ day of. ~ 2003, A.D. Q~/t_~ ! Prothonotary So Answers: R. Thomas Kline, Sheriff Real E~date Deputy 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 CSnnberland 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, 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 25 day of APRIL, 2003 ~ F~TAT~ SAI,~ NO. 35 Writ No. 2002-5857 Civil Bank One, N.A~, s/i/i/t Fairbank Mortgage Corp. vs. W. Michael Webb and Betsy F. Webb Atty.: KXmberly Hong LONG FORM DESCRIPTION ALL THAT CERTAIN improved lot of land situate in the Borough of Carlisle, Cumberland County. Perm- sylvania, bounded and described as follows: On the North by East Penn Street, on the East by lot now or formerly of Bertha Walker; on the South by an alley and on the West by lot now or formerly of Mary Leffier: contain- lng 20 feet in front on said East Penn Street and Ex-tending back the same width 118 feet, more or less, to said alley: and being improved with a two and one-half story dwelling house, numbered 126 East Perm Street. BEING the same premises which William M. Hench and Patricia J. Hench, his wife, by Deed dated 5/ 17/1993 and recorded in Cumber- land County on June 28, 1999 at Deed Book Volume 202, Page 537, granted and conveyed to W. Michael Webb and Betsy F. Webb, his wife. TAX PARCEL: 02-21-0318-057, REAL ES~kTE SALE No. Writ No. 2002-5857 Civil Term Bank One, N.A., s/I/I/t Falrbank Mortgage Corp. w. Mich,: Webb ,_nd Betsy F · ~NI~IN improved lot of situate in the B,'roa ~ ?o..unty, Penn , ~: 3. of C~rlisle !and fOllow, s) ,Ja t;oun ed ~.'~; ?umberland s. , d .....uesc~bed as ON T~ No~ b~ by lot now or ~o~ rt~~ Pe~n S~eet on ~e , .ut~er; o~ fO~erly of ~ Le~ the West by lot now or ~ey. ~d ~ 118 F~t, namg back ' mg imp~ ~o~ or less, to said ~ ~t~t.dwelling hbu~ With a two ~d One. ~G ~e same Pmmiso~ num~md 126 East ~h ~d Pa~i~ ~ ,, ~ which Win; Trust comP~' chambersD VS Harry and ~rick THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 P tri t-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 ali 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 day(s) of April 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ~"' .... "' COPY Sworn to and sub Notarial Se~~/ S A L E #35 Terry L. Russell, Uotan/Public City Of Harrisburg, Dauphin County My Commission Expires June 6, 2006 I NOTARY PUBLIC Member, Pennsylvania Assodafion Of Notades 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 Probating same Notary Fee(s) Total $ 52.91 $ 1.75 $ 54.66 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. TYPE OF PLEADING: PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimbefly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR # 02666273 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA[ CIVIL DWISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County aga'mst Defendants, W. Michael Webb and Betsy F. Webb for the amount of: 1. Judgment Amount Interest at the rate of $14.97 per diem from 2/4/02 to 3/03/04 2. Late Charges thru 3/03/04 TOTAL $ 55,973.52 $ 5,883.21 $ 335.72 $ 62,192.45 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. Costs (to be 'added by Prothonotary) Date: Kimberly J. Hong Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DiVISION BANK ONE, N.A., s/i/i/t FA1RBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB anti BETSY F. WEBB, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONYV'EALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Bank One, N.A., 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 W. Michael Webb and Betsy F. Webb, located at 126 East Penn Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF W. MICHAEL WEBB AND BETSY F. WEBB OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 126 EAST PENN ST~REET, CARLISLE, PA 17013. DEED BOOK VOLUME 202, PAGE 537, PARCEL NUMBER 02-21-0318-057 The name and address of the owners or reputed owners: W. Michael Webb Betsy F. Webb The name and address of the Defendants in the judgment: W. Michael Webb Betsy F. Webb the real property to be sold: 126 East Penn Street Carlisle, PA 17013 30 Miller Street Lemoyne, PA 17043 126 East Penn Street Carlisle, PA 17013 30 Miller Street Lemoyne, PA 17043 The name and last known address of every judgment creditor whose judgment is a record lien on Bank One, N.A., et.al. (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Bank One, N.A., et.al. (Plaintiff) American General Finance 6 South Hanover Street Carlisle, PA 17013 The name and address of every other person who has any record lien on the property: NONE 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 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 One Courthouse Square Carlisle, PA 17013 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 unswom falsification to authorities. Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this' ./ dayof ANGELA M. SCHOFIELO, NOTARY PUBLIC ClI~ OF PITTSBURGH, ALLEGHENY COUNTY MY COMMISSION EXPIRES MARCH 8, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CWIL DWISION BANK ONE, N.A., s/i/i/t FA1RBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: W. Michael Webb 126 East Penn Street Carlisle, PA 17013 Betsy F. Webb 30 Miller Street Lemoyne, PA 17043 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 Heating Room Carlisle, PA on March 3, 2004, at 10:00 A.M., the following described real estate, of which W. Michael Webb and Betsy F. Webb are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF W. MICHAEL WEBB AND BETSY F. WEBB OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 126 EAST PENN STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 202, PAGE 537, PARCEL NUMBER 02-21-0318-057 The said Writ of Execution has been issued on a judgrnent in the mortgage foreclosure action of BANK ONE, N.A., s/i/Ut FAIRBANK MORTGAGE CORP., Plaintiff, VS. W. MICHAEL WEBB and BETSY F. WEBB, at Execution Number 02-5857 in the amount of $62,192.45, with appropriate continuing interest, attorneys fees, m~d 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 Sheriffbefore 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 fi.om 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. Cumberland County Bar Association 2 LibenyAve Carlisle, PA 17013 800-990-9108 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 Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgmeut 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 fight 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 Sherifl~s 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 fight 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 fight 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 Sheriff's 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. Kimberly J. Hong, Esqu~ire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND/kNY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN improved lot of land situate in the Borough of Carlisle, Cumberland County, Permsylvmfia, bounded and described as follows: On the North by East Penn Street, on the East by lot now or formerly of Bertha Walker; ,on the South by an alley and on the West by lot now or formerly of Mary Leffier; containing 20 feet in front on said East Penn Street and Extending back the same width 118 feet, more or less, to said alley; and being improved with a two and one-half story dwelling house, numbered 126 East Penn Street. BEING the same premises wlfich William M. Hench and Patricia J. Hench, his wife, by Deed dated 5/17/1993 and recorded in Cnn~berland County on June 28, 1999 at Deed Book Volume 202, Page 537, granted and conveyed to W. Michael Webb and Betsy F. Webb, his wife. TAX PARCEL: 02-21-0318-057 WELTMAN, WEINBERG & REIS, CO., Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FA1RBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. 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 Kimberly J. Hong, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 126 East Penn Street, Carlisle, PA 17013 are Defendants, W. Michael Webb and Betsy F. Webb, who reside at 126 East'Perm Street, Carlisle, PA 17013 (W. Michael) and 30 Miller Street, Lemoyne, PA 17043 (Betsy), to the best of her information, knowledge and belief. Sworn to and subscribed before me this ~p'/~ ~ NOTARIAL SEAL ANGELA M. SCHOFIELD, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY MY COMMISSION EXPIRES MARCH 8, 2006 KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. ' 27 l 8 Koppers Building 436 7m Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/fit FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S. 101, ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigoed authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about Augt~st 6, 2002, Defendants were.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 pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et. seq. The foregoing statement is tree and correct to the best of my knowledge, information and belief. Sworn to and subscribed before me, NOTARIAL SEAL ANGELA M. SCHOFIELD, NOTARY PUBLIC ~ CF[Y OF PITTSBURGH, ALLEGHENY COUNTYI MY COMMISSION EXPtRES MARCH 8, 2006 KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-5857 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A., S/I/I/T FAIR.BANK MORTGAGE CORP., Plaintiff (s) From W. MICHAEL WEBB AND BETSY F. WEBB (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y~u are a~s~ directed to attach the pr~perty ~f the defendant(s) n~t ~evied up~n in the p~ssessi~n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gantishee(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 $55,973.52 L.L, Interest AT TIlE RATE OF $14.97 PER DIEM FROM 2/4/02 TO 3/3/04 - $5,883.21 Atty's Coalm % Arty Paid $420.80 $335.72 Plaintiff Paid Date: NOVEMBER 13, 2003 (Sea¢ REQUESTING PARTY: Name KIMBERLY J. }lONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURG}I, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 74950 Due Prothy $1.00 Other CostsLATE C}lARGES THRU 3/3/04 - CURTIS R. LONG Prothonot~ Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP. Plaintiff, V. W. MICHAEL WEBBand BETSY F. WEBB Defendants. NO. 02-5857 ISSUE NO.: CODE: TYPE OF PLEADING: MOTION FOR SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO SPECIALORDER OF COURT AND ORDER OF COURT FILLED ON BEHALF OF: PLAINTIFF COUNSEL. OF RECORD FOR THIS PARTY: KimberlyJ. Hong, Esqui~ Pa.I.D.#74950 WELTMAN, WEINBERG & REIS CO., LP.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 VVVVR#02666273 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/iA FAIRBANK MORTGAGE CORP., Plaintiff, NO. 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. MOTION FOR SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO SPECIAL ORDER OF COURT And now, comes, Bank One, N.A., et. al., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Motion for Service of Notice of Sheriff's Sale Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about December 9, 2002, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants, at the above-captioned number and term. 2. On or about December 9, 2002, the Plaintiff delivered to the Sheriff of Cumberland County a copy of the Civil Action-Complaint in Mortgage Foreclosure filed by Plaintiff at the above-captioned number and term along with directions requesting that Defendants be served a copy of the Complaint in Mortgage Foreclosure at their last known of 126 East Penn Street, Carlisle, PA 17013. 3. On or about January 6, 2003, Plaintiff received a return of service from the Cumberland County Sheriff's Office indicating that the Defenda~ts were served with the Complaint in Mortgage Foreclosure on December 20, 2002 at the address given. 4. On or about February 13, 2003, Plaintiff entered judgment against Defendants. 5. On or about November 13, 2003, Plaintiff filed a Writ of Execution in Mortgage Foreclosure against Defendants at the above-captioned number and term. 6. On or about November 13, 2003, the Plaintiff delivered to the Sheriff of Cumberland County a copy of the Notice of Sheriff's Sale in Mortgage Foreclosure filed by Plaintiff at the above-captioned number and term along with directio~qs requesting that Defendants be served a copy of the Notice of Sheriff's Sale in Mortgage Foreclosure at their last known address being 126 East Penn Street, Carlisle, PA 17013. 7. On or about January 6, 2003, Plaintiff received a telephone call from the Sheriff of Cumberland County indicating that they served Betsy F. Webb at the address given. However, they were unable to serve the Defendant, W. Michael Webb with a copy of the Notice of Sheriff's Sale in Mortgage Foreclosure. 8. On or about November 13, 2003, Plaintiff mailed Defendant, W. Michael Webb copies of the Notice of Sheriff's Sale at his last known add~'ess being 126 East Penn Street, Carlisle, PA 17013. 9. On or about December 4, 2003, Plaintiff received the envelope for the Defendant, W. Michael Webb, marked "unclaimed" indicating that he was not served with the Notice of Sale. 10. On or about December 15, 2003, Plaintiff mailed Defendant, W. Michael Webb a copy of the Notice of Sheriff's Sale at 139 N. 23rd Street, Camp Hill, PA 17011. On or about January 9, 2003, Plaintiff received the envelope for the Defendant marked "unclaimed" indicating that he was not served with the Notice of Sale. 11. The Sheriff of Cumberland County posted the property at 126 East Penn Street, Carlisle, PA 17013 with the Notice of Sale and the Sheriff's Hatndbill of Sale. 12. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, W. Michael Webb and the reasons why service of the Notice of Sheriff's Sale cannot be made, is marked Exhibit "A", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff to serve Defendant, W. Michael Webb, with the Notice of Sheriff's Sale, by mailing the notice by first class mail, certificate of mailing, to 126 East Penn Street, Carlisle, PA 17013 and 139 N. 23rd Street, Camp Hill, PA 17011, with service to be complete ~nd valid upon mailing. WELTMAN, WEINBERG &.~EIS CO., L.P.A. Kimberly J. Hong~ Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO. 02-5857 V. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. PA. R.C.P. RULE 403 (a) AFFIDAVIT Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, W. Michael Webb, named in the above-captioned matter. 1. On or about December 5, 2003, Plaintiff sent a Postal Verification to the Postmaster for Carlisle, PA 17013. 2. On December 9, 2003, Plaintiff received a response from the Postmaster indicating that Defendant, W. Michael Webb, was 'not known at address given'. A true and correct copy of the Postal Verification is marked as Exhibit "1", attached hereto and made a part hereof. 3. On or about January 22, 2003, Plaintiff sent a Postal Verification to the Postmaster for Camp Hill, PA 17011. 4. On January 30, 2003, Plaintiff received a response from the Postmaster indicating that address of 139 N. 23rd Street, Camp Hill, PA 17011 was, 'good as addressed'. A true and correct copy of the Postal Verification is marked as Exhibit "2", attached hereto and made a part hereof. 5. Plaintiff conducted a search with the Cumberland County directory assistance; EXHIBIT said search failed to yield any information for Defendant, W. Michael Webb. 4. Plaintiff conducted a search in the Voters Registration Office of Cumberland County; said search provided the address of 126 East Penn Street, Carlisle, PA 17013. 5. Plaintiff conducted a search with the tax assessors office; said search provided the address of 126 East Penn Street, Carlisle, PA 17013. 6. Plaintiff conducted a search with Trans Union Credit Report, said search provided the current address of 139 N. 234 Street, Camp Hill, PA 17011. Finally, affiant deposes and says that after the foregoing investigation, the exact whereabouts of Defendant, W. Michael Webb, remain unknown to the Plaintiff. WELTMAN, WEINBER~., L.P.A. Kimbedy J. Hong, Esquire' Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15;219 (412) 434-7955 Sworn to and subscribed before me this / ~'lday of ~~ ~/[.-, 2004. NOTARIAL SEAL ANGELA M SCHOFiELD, N~Tc~R¥ PL C TY OF P~TTSBURGH, ALLEGH,~N ~' COiJ? T' , MY COMMISSION EXPIRES MAR~;H 8 POC5 Request for Change of Address or'Box~older In[0rmation Needed for Service o[ Legal Process Please furnish the new aQ~ress or the nam~ and street address 0f a boxhoid.e~} for the following: ~ame:" · '_ ~. Address: . , . . ' ' NOTE: ~e'name and last ~o~n ad'tess are mqulred ~or ~ange'of addr~s Info~s~on..~e name, if post o~ box ~ddress am req~red for bo~older ~e foiling lnform~tion Is pro~ded In ac~rdance ~ S9 CF~ 265.6(d)[6)(ii)~ ~ere Is no fee for bo~older Info~a~on. ~e fee for pro~dlng ~ange of addr~s Info~aQon Is walved In a~aff~ ~ 39 CFR - 265.6[d)[1) and (2~ and ~E~ponding Admi~Is~a~v~ ~qP~d M~u~ 3~$.~a?n~? .., _ .. . , '. ' ,,- , ~ ~ ,~ =---~re A~ornevfofPlainfiff. -- ' .... 1. ~apacl~ of requester: ~u~ ~ .~-,~"~-" ' . ' ' 4. ~e Coud jm~ch ~e ~se has been or will be beam: pou~ o~ ~ommon Fleas 5. The docket or o~er Iden~ing ndmber if one has been issued: ~ ~ ¢ ~ ~.~ 6. ~he ~padty in wNch ~s individual is to be se~ed: Defendant . -. .:<':r.'l ' ·- =,,o., · F',l 'l'~a II ~ / % (' {/}{ M.--- 4as Sevenm Avenue L..~ ,~'/t ~_/t_~.~ x ~ -- Pittsburgh, ~,n,,~ture' ,. \ · , . FOR POST OFIFCE USE ONLY " · ' ~ ' WARNING .... ' ~ . - ~ ' .. ""' L~ ..... ;.~.~:,-OOBTiANANDUSECHANGE6FADDRES$1NFOR .MATIONOR THE S~3BMISSION OF.FALSE I.NFO.~...r..~. t..~,u,~%~o~ OTHERTHAN THE SERVICE OF LEGAL PROCESS IN ' · BOXHOLO~R INFOMRATION FOR _AN__Y_~_u,~ ~TIC~ATION.COULD RESULT IN CRIMINAL PENALTIES . CONNECTION WITH ACT. UAL OR INCLUDING A FINE OF UP TO $10,900 OR IMPRISONMENT OF (2)TO AVOID PAYMEN/OF THE FEE FOR CHANGE OF ADDRESS iNFORMATION OF NOT MD.RE THAN 5 YEARS,.OR BO~H ~ITLE 1S U.S.C. SECTION t031). I'certi~j that the above in[ormetion is true and that the address In[ormation is needed end ~ll be us6d solely for sew~ce o! legal process in connection with actual or prospectiv, e litigation. BOXHOLDER'8 p 08T,I,/,ARK .~NMot know at address given. Dyed, leR'no forward address.. No such address. ' No change of address on t~le. XXX PLEASE INDICATE pHysicAl- ADDRESS. EXHIBI') NEW ADDRESS or NAME and STREET ADDRESS Requ~t for Change of A6dr~s or~oxbo~der In[o~mation Needed for SaUce of Leaal P~ocess · Pleas-e furnish the new ad;tess or the nam'6 a~d streetaddress (if a b°×h°Id'er') f°r the f°11°wing: · Address: . ~ · NOTE: 'l'he'name and last kno~,n ad(Jress are required ~or change of addre.'ss information...'~he name, if known; e.nd post office box address are required for boxholder informatio.n. The foltov~ng information is provided tn accordance v/~th 89 CF~ 265.6(id){.6)(ii); There Is no fee for providing · 285.6[d)[1) and {.2) and corr. espondmg Adml.nlstrat~., tip?. ' ....... '., .... ... -.. · · ' ' - · - , ,~- =~-,uireAttorne. yfofPla~ntiff .- ' " 6, C~apa¢~ty of requester, V.~n~0~ o .~c~;,~--~,~ , ,.,,,~ . · ~ 2, Statute6rregulationthatemp°wers,rn,e..,t°.s.a~.ep'~?~''s:~'~[''J~' ' '~-\[%~'h}~19)3 5. 'rhedoc'et. or. otheriflenti~in..g.ndm.b, er'f°nehasb.een~;es:~fla;tl~ 02:'"~7~? · '' 6. "fke capacity m which th~s mdmdua!,s to be sewed. P f · ~ ' WARNING q'HE S[JSMI~SiON OF.'t~ALS'E I~0kMATI~JN %00BTIAN AND USE CHANGE 6F ADDRk~'S i[~FORMATION OR y PURPOSE OTHER 'FrlAN THE SERVICE OF LEGAL PROCESS IN BOXHOLDi.~R INFOMRATION t~OR_A~_._~ .... T~t~= I ITl ATION,COULD RESULT IN CRIMINAL PENALTIES CONNECTION WITH ACt.UAL OR pF, u~t"-~, ........ G . ' INCLUDING A FINE OF UP TO $10,.000 OR IMPRISONMENT OF (2) TO AVOID pAYMENT OF THE FEE FOR CHANGE OF ADDRESS iNFORMATION OF NOT MO.RE THAN 5'YEAP,.S,.OR BOTH ?ITLE. 18 U.S.O. SECTION 1031). I'certi~j that the above information is true and that the address information is needed and w~ll be used solely for ..... r.' '""'~'-'~ ....... ,;"' ' ..... '" ./% .... '" ' WELTMAN,.WEIN,.,BERG & R~IS. COr~ L.P.A ..... . ...... ·: ;... ~.-..~, ..{' ' l[ r~'{~/? ' " 2601 Koppers Building ' - '. ' ' . ~ ~[!~, 436 Seventh Ay.enue · ;,., · . -, ,~: · . _ · Not know a.t address glven. ' . , ..Moved, taft no forward addres,s.. ~ No such address. ~No change o! address on t~ie. Y, XX PLEASE INDICATE pHYSICAL ADDRESS E HIBI'I' NEW ADDRESS or NAME and sTREET ADDRESS CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Motion for Service of Notice of Sheriff's Sale Pursuant to Special Order of Court and Order of Court were mailed to the following on this ~ day of 1 , 200 , by first class, U.S. Mail, postage pre-paid: W. Michael Webb 139 N. 23rd Street Camp Hill, PA 17011 W. Michael Webb 126 East Penn Street Carlisle, PA 17013 Respectfully Submitted: WELTMAN, WEINBERG & REIS..¢~., L.P.A. Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN~YLVANIA C~V~L D~VISION BANK ONE, N.A., s/i/iA FAIRBANK MORTGAGE CORP., Plaintiff, V. W. MICHAEL WEBB and BETSY F. WEBB, NO. 02-5857 Defendants. ORDER OF COURT AND NOW, to wit, this ~ day of ~'¢.,.~. , 2004, upon consideration of the within Motion for Special Service of Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve Defendant, W. Michael Webb, with the Notice of Sheriff's Sale, by mailing the notice by first class mail, certificate of mailing, to 126 East Penn Street, Carlisle, PA 17013 and 139 N. 23® Street, Camp Hill, PA 17011, with service to be complete and valid upon mailing. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. TYPE OF PLEADING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7~ Avenue Pittsburgh, PA 15219 WWR #02666273 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on the Defendants. 1. On or about February 20, 2004, Plaintiff received a signed Order of Court, permitting Plaintiff to serve Defendant, W. Michael Webb, with the Notice of Sheriff's Sale. Service will be complete an valid upon first class, certificate of mailing to addresses set forth in the Order. A true m~d correct copy of the Order for Service is marked Exhibit 'A', attached hereto and made a part hereof. 2. On or about February 27, 2004, Plaintiff mailed Defendant a copy of the Notice of Sheriff's Sale, by first class mail to 126 East Penn Street, Carlisle, PA 17013 and 139 N. 23rd Street, Camp Hill, PA 17011. True and correct copies of the certificates of mailing are marked Exhibit 'B', attached hereto and made a part hereof. 3. On or about December 9, 2003, the SherifFs Office personally served Betsy F. Webb. i verify that these statements made are true and correct to the bes.t.o',f my knowledge and belie£ Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Sworn to and subscribed before me This-L~Iday of :l&/[[/) ,2004. N ~'~'ary I~ic ' ' '1 NOTARIAL SEA!- GIT',' O: PITTSBURGH ALI 2GhE!i't F',iL,~, i MY COMMISS O~ EXPIRES MARCH 8.2DOff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO. 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. ORDER OF COURT AND NOW, to wit, this ~..~.t~ day of FI~ , 2004, upon consideration of the within Motion for Special Service of Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve Defendant, W. Michael Webb, with the Notice of Sheriff's Sale, by mailing the notice by first class mail, certificate of mailing, to 126 East Penn Street, Carlisle, PA 17013 and 139 N. 23r~ Street, Camp Hill, PA 17011, with service to be complete and valid upon mailing. BY THE COURT: EX - BIT PS Form 3817, Mar. 1989 -- u.s. POSTAL SERVICE CERTIFICATE OF MAILIN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES .PROVIDE FOR INSURANCE--POSTMASTER Pittstm;gh, PA 15219 )$ PS Form 3817, Mar. 1989 EX;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. TYPE OF PLEADiNG: SUPPLEMENTAL AFFIDAVIT Filed on Behalf off Plaintiff Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02666273 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. SUPPLEMENTAL AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Kimberty J. Hong, Esquire, who according to law deposes and states that a copy of the Notice of Lienholders and Other Parties of Interest Pursuant to PaR. C.P. 3129.2(c) has been served on the following additional lienholders or other parties of interest, that were not included in the original 3129.1 Affidavit: Aziz Majid, DMD 3540 N. Progress Avenue, #4 Harrisburg, PA 17110 WELTMAN, WEINBERG & REIS, CO., L.P.A. Swom to and subscribed before me This j~day of ~ot~ry m~ic " ' / " NOTARIAL SEAl_ 1ANGE:_A' M SCHOFIEED, NOTARYPI.g; CITY 0,: P',TTSEU~:GH, ALLEG!; ?'/ fy ~C,v[ ,,oSu,iFXPRE$ ViPRCH3 Kimbefly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Permsylvani a 15219 ,2004. ~.S. pOSTAL SERVICE CERTIFICATE OF MAiLiNG : ~,~,,,~,,~ 7 ~ ~ ~ ~-- . v ,.~ ,~.~/ EXHIBIT iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. TYPE OF PLF;ADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02666273 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, Defendants. LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of the following Lienholders by Certificate of Mail on December 2, 2003. True and correct copies of said certificates of mail are attached hereto as Exhibit "A". Sworn to and subscribed before me This [5 Notar~ lS~lic ' - NOT~,RiAL A ~ANGE- ~ t ' ~ ~u/,~n~igg~ON ~p~RES ,2004. WELTMAN, WE1NBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pe~msylvania 15219 U.S. POSTAL SERVICE CERTIFICATE OF MAILING U.S, POSTAL SERVICE CERTIFICATE OF MAIUNG MAY BE USED FOR DOMESTIC AND INTERHATIONAI. M~IL, DOES NOT PROVIDE FOR INSURANCE~OSTMA~TER Received From: EXHIBIT POSTAL SERVICE CERTIFICATE OF MAILING Ps Form 3817, January 2o01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ 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 Bank One NA is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue ora writ Execution issued on the 13th day of November, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5857, at the suit of Bank One N A against W Michael Webb & Betsy F is duly recorded in SherifFs Deed Book No. 263, Page 3698 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this~70~7~'day off~, A.D. 200~. ~ecorder of Deeds Bank One, N.A., s/i/i/t Fairbank Mortgage Corp. VS W. Michael Webb and Betsy F. Webb In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5857 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: W. Michael Webb, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, W. Michael Webb. Numerous attempts at service were made, but we were unable to make contact with anyone. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 09, 2003 at 5:41 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Betsy F. Webb, by making known unto Betsy F. Webb, personally, at 139 North 23rd Street, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 8:25 o'clock A.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 W. Michael Web and Betsy F. Webb located at 126 E. Penn Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly swom 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 the within named defendant, to wit: Betsy F. Webb, by regular mail to her last known address of 139 N. 23rd Street, Camp Hill, PA 17011. This letter was mailed under the date of January 13, 2004 and was returned to the Sheriffs Office on January 16, 2004 as '"INSUFFICIENT ADDRESS." 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 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kimberly Hong for Bank One, NA. It being the highest bid and best price received for the same, Bank One NA of 111 East Wisconsin Ave., Milwaukee, WI 53202, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $650.30. Sheriffs Costs: Docketing $30.00 Poundage 12.75 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 16.56 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 186.35 Patriot News 174.82 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 650.30 Sworn and subscribed to before me This 3o~ dayof~ 2004, A.D. Q~qo-./~. )~¢,.J]-~ '~' 'Prothonotary ' -- R. Thomas Kline, Sheriff Real Es IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintiff, NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONVqEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Bank One, N.A., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following infomaation conceming the real property of W. Michael Webb and Betsy F. Webb, located at 126 East Penn Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF W. MICHAEL WEBB AND BETSY F. WEBB OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 126 EAST PENN ST~EET, CARLISLE, PA 17013. DEED BOOK VOLUME 202, PAGE 537, PARCEL NUMBER 02-21-0318-057 The name and address of the owners or reputed owners: W. Michael Webb Betsy F. Webb The name and address of the Defendants in the judgment: W. Michael Webb Betsy F. Webb the real property to be sold: 126 East Penn Street Carlisle, PA 17013 30 Miller Street Lemoyne, PA 17043 126 East Penn Street Carlisle, PA 17013 30 Miller Street Lemoyne, PA 17043 The name m~d last known address of every judgment creditor whose judgment is a record lien on Bank One, N.A., et.al. (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Bank One, N.A., et.al. (Plaintiff) American General Finance 6 South Hanover Street Carlisle, PA 17013 The nmue and address of every other person who has any record lien on the property: NONE 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 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 Kelations One Courthouse Square Carlisle, PA 17013 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 statc~rnents 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 subjec[ to the penalties of 18 Pa. C.S.A. §4904 relating to nnsworn falsification to authorities. Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this 5P'~l dayof ANGELA g. SCHOFIELD, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY MY O0MMISSION EXPIRES MARCH 8, 20(B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t FAIRBANK MORTGAGE CORP., Plaintift; NO: 02-5857 VS. W. MICHAEL WEBB and BETSY F. WEBB, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: W. Michael Webb 126 East Penn Street Carlisle, PA 17013 Betsy F. Webb 30 Miller Street Lemoyne, PA 17043 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, them will be exposed to Public Sale in the 2no Floor Cumberland County Courthouse Corrm~/ssioners Hearing Room Carlisle, PA on March 3, 2004, at 10:00 A.M., the following described real estate, of which W. Michael Webb and Betsy F. Webb are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF W. MICHAEL WEBB AND BETSY F. WEBB OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 126 EAST PENN STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 202, PAGE 537, PARCEL NUMBER 02-21-0318-057 The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANK ONE, N.A., s/i/Ut FAIRBANK MORTGAGE CORP., Pla'mtiff, VS. W. MICHAEL WEBB and BETSY F. WEBB, at Execution Number 02-5857 in the amount of $62,192.45, 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 Sheriffbefore 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 th'trty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno 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 exemlse, 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 Ave Carlisle, PA 17013 800-990-9108 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those fights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's 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 thai 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 fight to petition the Court to stay or delay the execution and the Sheriff's 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.~. Kimberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION BANK ONE, N.A., s/i/fit FAIRBANK MORTGAGE CORP., VS. Plaintiff, NO: 02-5857 W. MICHAEL WEBB and BETSY F. WEBB, De~ndants. LONG FORM DESCRIPTION ' ALL THAT CERTAIN improved lot of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania~ bounded and described as follows: On the North by East Penn Street, on the East by lot now or formerly of Bertha Walker;,on the South by an alley and on the West by lot now or formerly of Mary Leffier; containing 20 feet in fi'ont on said East Penn Street and Extending back the same width 118 feet, more or less, to said alley; and being improved with a two and one-half story dwelling house, numbered 126 East Penn Street. BEING the san~e prenfises which William M. Hench and Patricia J. Hench, his wife, by Deed dated 5'/17/1993 and recorded in Cumberland County on June 28, 1999 at Deed Book Volume 202, Page 537, granted and conveyed to W. Michael Webb and Betsy F. Webb, his wife. TAX PARCEL: 02-21-0318-057 WELTMAN, WEINBERG & REIS, CO., L,P.A. Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH (')F PENNSYLVANIA) NO02-5857 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A., S/I/UT FAIRBANK MORTGAGE CORP., Plaintiff (s) From W. MICHAEL WEBB AND BETSY F. WEBB (I) 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 proper~ of the defendant(s) nnt 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 $55,973.52 L.L. Interest AT THE RATE OF $14.97 PER DIEM FROM 2/4/02 TO 3/3/04 - $5,883.21 Atty's Comm % Atty Paid $420.80 $335.72 Plaintiff Paid Date: NOVEMBER 13, 2003 (Seal) REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 74950 Due Prothy $1.00 Other CostsLATE CHARGES THRU 3/3/04 - CURTIS R. LONG Prothonot/~y Deputy Real Estate Sale # 40 On November 25, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 126 East Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 25, 2003 By:..frdJ&j.~t~ Real Esta(e Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general 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 Mamh 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on 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 jn Miscellaneous Book "M", Volume 14, Page317. ~ ~ PUBLICATION ......................................... COPY ;~;~ ;~ ~'~; ~'~,' ~ y~:~br 2004 A.D. ~ ~A~ ~ No. ~ Te~ L. Rural. N~ P W~, ~ ~ ~ ~msburg, Dau~n ~ NO~RY PUBLIC Att,y: Klml~'ly Hong DI~I~IPTION My Commission Expires June 6, 2006 Member. Penns,~vat~Ofno~arles My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 174.82 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general l~m' ~lmm~-~wtla=M. ge receipt of the aforesaid notice and publication costs and ce~ifies that the same have ~ ~!7/1~3 '~ ~ m ~m~ ~ ~ ~7 ~ ~ ~' By .................................................................... ~l~b ~ E,~ ~S wife. 'v T~ P~C~ NOt ~-21~18~57, 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 Joumal, 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: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL F~TATE SALE Writ No. 2002-5857 Civil Bank One. N.A., s/i/i/t Falrbank Mortgage Corp. W. Michael Webb and Betsy F. Webb Atty.: Kimberly Hong LONG FORM DESCRIPTION ALL THAT CERTAIN improved lot of land situate itl the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described as follows: On the North by East Perm Street, on the East by lot now or formerly of Bertha Walker; on the South hy an alley and on tile West by lot now or formerly of Mary Lefl~er; contain- lng 20 feet in front on said East Penn Street and Extending hack the same width 118 feet, more or less, to said alley; and being improved with a two and one-half story dwelling house, .%_ SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER, Nota~ Oaflisl~ Bom, Cumberland County Betsy F. Webb Atty.: Kimberly Hong LONG FORM DESCRIPTION ALL THAT CERTAIN improved lot of land situate in the Borough of Carlisle. Cumberland County, Penn- sylvania, bounded and described as follows: On the North by East Perm Street, on the East by lot now or formerly of Bertha Walker; on the South by an alley and on the West by lot now or formerly of Mary Leffier; contain- lng 20 feet in front on said East Penn Street and Extending back the same width 118 feet, more or less, to said alley; and being improved with a two and one-half story dwelling house, numbered 126 East Penn Street. BEING the same premises which William M. Hench and Patricia J. Hench. his wife, by Deed dated 5/ 17/1993 and recorded in Cumber land County on June 28, 1999 at Deed Book Volume 202. Page 537. granted and conveyed to W. Michael Webb and Betsy I~ Webb, his wife. TAX PARCEL: 02 21 0318 057. 30 day of_ LOIS E. SNYDi Cafliste Bom, C~ My Commission E