HomeMy WebLinkAbout03-0171IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL B~LNK, AS
TRUSTEE UNDER THE POOLING
~ND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff,
vs.
BRUCE G. TOOLE,
Defendant.
CIVIL DIVISION
NO.:
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
TO DEFENDANT:
You are hereby notified to plead
to the ENCLOSED COMPLAINT WITHIN
T~LTY (20) DA~S F~M SERVICE HEREOF
AT O~EYS FO~ PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
909 Hidden Ridge Drive
Suite 200
Irving, Texas 75038
AND THE DEFENDANT IS:
116 Fourth Avenue
New Cumberland, PA 17070
ATT~E~S FOR PL/INTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
Borouqh of New Cumberland
(CITY, BORO, TOW/qSHIP) (WARD)
A~ORNEYS FOR PLAINTIFF
FILED ON BEHALF
OF PLAINTIFF: LaSalle
96-4, SP 1
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
vs.
Plaintiff~ NO.:
BRUCE G. TOOLE,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20)
days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice
for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other
rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU SHOULD 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
TWO LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
I 800 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
LASALLE BANK, N.A., F/K/A CIVIL DIVISION
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff, NO.:
vs.
BRUCE G. TOOLE,
Defendant.
PENNSYLVANIA
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSUR,;
LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under
the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2,
by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage
Foreclosure as follows:
1. The Plaintiff is LaSalle Bank, N.A., f/k/a LaSalle National
Bank, as Trustee Under the Pooling and Servicing Agreement Dated June 1,
1999, Series 1999-2 which has its principal place of business at 909
Hidden Ridge Drive, Suite 200, Irving, Texas 75038.
2. The Defendant is Bruce G. Toole whose last known address
is 116 Fourth Avenue, New Cumberland, Pennsylvania 17070.
3. On or about February 9, 1999, Defendant executed a Note in
favor of Superior Bank, FSB in the original principal amount of
$62,500.00. A true and correct copy of said Note is marked Exhibit ~A",
attached hereto and made a part hereof.
The amount due and owing Plaintiff is as follows:
Principal $ 60,125.95
Interest to 12/18/02 $ 3,309.20
Late Charges to 12/18/02 $ 133.38
Escrow Deficiency to 12/18/02 $ 2,371.80
Corporate Advances $ 26.54
Penalty Interest $ 3,006.30
Title Search, Foreclosure
And Execution costs $ 2,500.00
Attorneys. fees ~ 800.00
TOTAL $ 72,273.17
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for
the amount due of $72,273.17 with interest thereon at the rate of $14.04
per diem from Dsceraber 18, 2002, and additional late charges, additional
reasonable and actually incurred attorneys, fees, plus costs (including
increases in escrow deficiency) and for foreclosure and sale of the
mortgaged premises.
BY:
GRENEN & BIRSIC, P.C.
Kris-tine Mi Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEI~PT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
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VERIFICATION
The undersigned, and duly authorized representative of Plaintiff, deposes and says
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities
that the facts set forth in the foregoing Complaint are true and correct to his/her information and
belief.
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00171 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LASALLE BANK N A
VS
TOOLE BRUCE G
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TOOLE BRUCE G
the
DEFENDANT , at 1704:00 HOURS, on the 15th day of Hanuary
at 116 FOURTH AVENUE
NEW CUMBERLAND, PA 17070
BRUCE TOOLE
by handing to
2003
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 11.73
Affidavit .00
Surcharge 10.00
.00
39.73
Sworn and Subscribed to before
me this ,,?,.~,,u( day of
~o~ A.D.
Prothonotary'
So Answers:
R. Thomas Kline
01/16/2003
GRENEN & BIRSIC
By: , ~A~ [~
D~uty Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
Plaintiff,
NO.: 03-171 Civil Term
VS.
BRUCE G. TOOLE,
Defendant.
I hereby certify that the
address of the Plaintiff is:
909 Hidden Ridge Drive
Suite 200
Irving, Texas 75038
the last known address
of the Defendant is:
116 Fourth Avenue
New Cumberland, PA 17070
ISSUE NUMBER:
TYPE OF PLEADING:
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
CODE -
FILED ON BEHALF OF
PLAINTIFF: LaSalle
Bank, et al.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. # 77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
GRENEN & BIRSIC, P.C.
Att~.~eys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
Plaintiff,
NO.:03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR:
Please enter a default judgment in the above-captioned case in
favor of Plaintiff and against the Defendant, Bruce G. Toole, in the
amount of $73,197.89 which is itemized as follows:
Principal
Interest to 02/18/03
Late Charges to 02/18/03
Escrow Deficiency to 02/18/03
Corporate Advances
Penalty Interest
Title Search, Foreclosure and
Execution Costs
Attorneys' fees
TOTAL
$ 60,125.95
$ 4,179.68
$ 187.62
$ 2,371.80
$ 26.54
$ 3,006.30
$ 2,500.00
$ 800.00
$ 73,197.89
with interest on the Principal sum at the rate of $14.04 per diem from
February 18, 2003 and additional late charges, plus costs (including
increases in escrow deficiency) and for foreclosure and sale of the
mortgaged premises.
BY:
GRENE~ & BIRSIC, P.C.
Kris~e M. ~nthou, Esquire
Attorneys for Plaintiff
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
Before me, the undersigned authority, a Notary Public in and for
said County and Commonwealth, personally appeared Kristine M. Anthou,
attorney for and authorized representative of Plaintiff who, being duly
sworn according to law, deposes and says that the Defendant is not in the
military service of the United States of America to the best of her
knowledge, information and belief and certifies that the Notice of Intent
to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1,
as evidenced by the attached copy.
Sworn to and subscribed before me
thi ~/~day 2003.
Notary Public N0tal'ialS0~
Joanne M. Wehner, Nolary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 19, 2005
Member. Pennsvtvanie Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
Plaintiff,
NO.: 03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
TO:
BRUCE G. TOOLE
116 Fourth Avenue
New Cumberland, PA 17070
DATE OF NOTICE: February 06, 2003
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNE~AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 ALAWYER 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:
CIIMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
i 800 990-9108
By:
GRENEN & BIRSIC, P.C.
ys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
FIRST CLASS MAIL, POSTAGE PREPAID
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
PENNSYLVANIA
Plaintiff,
NO.:03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
ISSUE NUMBER:
TYPE OF PLEADING:
MOTION FOR SERVICE OF
NOTICE OF SHERIFF'S
SALE PURSUANT TO
SPECIAL ORDER OF COURT
AND ORDER OF COURT
CODE -
FILED ON BEHALF
OF PLAINTIFF: LaSalle
Bank, N.A., et al.
COUNSEL (DF RECORD
FOR THIS PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West;
Pittsbur~h, PA 15222
( 412 ) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA~NIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BA/qK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff
vs.
BRUCE G. TOOLE,
Defendant.
CIVIL DIVISION
NO.: 03-171 Civil Term
MOTION FOR SERVICE OF NOTICE OF SH[ERIFF'S SALE
PURSUA/qT TO SPECIAL ORDER 05' COURT
NOW, comes the Plaintiff, LaSalle Bank, N.A., f/k/a LaSalle
AND
National Bank, as Trustee Under the Pooling and Servicing Agreement Dated
June 1, 1999, Series 1999-2, by and through its attorneys, GRENEN &
BIRSIC, P.C., and files the with 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 January 10, 2003, Plaintiff filed a Civil Action
- Complaint in Mortgage Foreclosure against the Defendant at the above -
captioned number and term.
2. On or about January 10, 2003, Plaintiff delivered to the
Sheriff of Cumberland County a true and correct copy of the Civil Action
- Complaint in Mortgage Foreclosure filed by the Plaintiff at the above -
captioned number and term along with direction cards requesting that the
Defendant, Bruce G. Toole, be served a copy of the Civil Action -
Complaint in Mortgage Foreclosure at his last known address being 116
Fourth Avenue, New Cumberland, PA 17070.
3. On or about January 20,
the Sheriff of Cumberland County.
15, 2003, the Defendant, Bruce G.
2003, Plaintiff received Notice from
Said Notice indicated that on January
Toole, was served with Complaint in
Mortgage Foreclosure at his last known address being 116 Fourth Avenue,
New Cumberland, PA 17070. A true and correct copy of the Affidavit of
Service from the Sheriff of Cumberland County is marked Exhibit
attached hereto, and made a part hereof.
4. On or about February 27, 2003, Plaintiff entered Default
Judgment against the Defendant in this action in the amount of $73,197.89
and for foreclosure and sale of the mortgaged premises.
4. On or about July 9, 2003, Plaintiff filed with the
Prothonotary a Praecipe for Writ of Execution on the judgment in this
action.
5. In accordance with Pa. Rule of Civil Procedure 3129, Plaintiff
mailed a true and correct copy of Plaintiff's Notice of Sheriff's Sale,
by certified mail, return receipt requested, restricted delivery to the
Defendant at his last known address
Cumberland, PA 17070.
6. On or about August 2, 2003,
being 116 Fourth Avenue, New
the Notice of Sheriff's Sale was
returned to Plaintiff. Said Notice indicated that the Defendant is not
known at the given address. A true and correct copy of the returned
envelope is marked Exhibit "B", attached hereto and made a part hereof.
7. On or about October 24, 2003, Plaintiff conducted a computer
search available through Lexis Legal Research to determine the
whereabouts of the Defendant, Bruce G. Toole. Said search indicated that
the Defendant resides at 364 Beverly Road, Camp Hill, PA 17011.
8. On or about October 24, 2003, Plaintiff mailed a true and
correct copy of Plaintiff's Notice of Sheriff"s Sale by certified mail,
return receipt requested, restricted delivery to the Defendant at 364
Beverly Road, Camp Hill, PA 17011.
9. On or about November 4, 2003, the No~ice of Sheriff's Sale was
returned to Plaintiff; said Notice was not deliverable to the given
address. A true and correct copy of the returned envelope is marked
Exhibit ~C", attached hereto and made a part hereof.
10. On or about October 24, 2003, Plaintiff contacted the
Cumberland County Sheriff's Office; said conversation indicated that an
attempt was made to serve the Defendant at 116 Fourth Avenue, New
Cumberland, PA 17070; however, the Defendant refused to answer the door.
Additionally, the Sheriff of Cumberland County attempted service by
mailing a true and correct copy of the Notice of Sheriff Sale to the
Defendant by certified mail, returned receipt requested at 116 Fourth
Avenue, New Cumberland, PA 17070; however, the Notice was returned as
"unclaimed". Also, an attempt was made to serve the Defendant at 364
Beverly Road, Camp Hill, PA 17011; however, the Defendant does not reside
at the given address.
11. An Affidavit of the Plaintiff stating the nature and extend
of the investigation which has been made to determine the whereabouts of
the Defendant and the reasons why service of the Notice of Sheriff's Sale
cannot be made, is marked Exhibit "D", attached hereto and made a part
hereof.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
allow the Sheriff of Cumberland County to post a copy of Hanbill on the
property at 116 Fourth Avenue, New Cumberland~ PA 17070 and permit the
Plaintiff to serve the Defendant, Bruce G. Toole, by mailing a true and
correct copy of the Notice of Sheriff's Sale by first class mail, postage
pre-paid and certified mail addressed to Bruce G. Toole at 116 Fourth
Avenue, New Cumberland, PA 17070. Service of the Notice of Sheriff's
Sale shall be deemed complete and valid upon posting by the Sheriff of
Cumberland County and mailing by the Plaintiff.
BY:
GRENEN & BIRSiC, P.C.
Ar~hou, Esquire
Attorneys for Plaintiff
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-756C,
EXHIBIT "A"
SHERIFF'S RETURN
CASE NO: 20(
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LASALLE BANK N A
VS
TOOLE BRUCE G
- REGULAR
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly Sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TOOLE BRUCE G the
DEFENDANT , at 1704:00 HOURS,
.at 116 FOURTH AVENUE
NEW CUMBERLAND, PA 17070
BRUCE TOOLE
on the 15th day of January , 2003
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 11.73
Affidavit ~00
Surcharge 10.00
.00
39.73
Sworn and Subscribed to before
me this day of
A~D.
Prothonotary
So Answers:
R. Thomas Kline
01/16/ 003
GRENEN & BIRSIC
By:
EXHIBIT
EXHIBIT "C"
EXHIBIT "D"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY,
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
PENNSYLVANIA
Plaintiff,
NO.: 03-171 Civil Term
BRUCE G. TOOLE,
Defendant.
AFFIDAVIT PURSUANT TO PA.
COUNTY OF ALLEGHENY
SS
COMMONWEALTH OF PENNSYLVANIA
R.C.P. 430
Before me, a notary public, in and for the foregoing county and
commonwealth, personally appeared Kristine M. ~lthou, Esquire, of GRENEN
& BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the
following accurately reflects efforts made to ascertain the exact
whereabouts of the Defendant, Bruce G. Toole, named in the
above-captioned matter:
On or about October 24, 2003, Plaintiff mailed to the United
States Postmaster at New Cumberland, PA 17070, a request to be
furnished with a forwarding address of the Defendant, Bruce G.
Toole. To date, said response has not been returned to
Plaintiff.
On or about October 24, 2003, Plaintiff mailed to the United
States Postmaster at Camp Hill, PA 17011, a request to be
furnished with a forwarding address of the Defendant, Bruce G.
Toole.
On or about October 31, 2003, Plaintiff received a response
from the United States Postmaster. Said response indicated
that the Defendant, Bruce G. Toole, is not known at 364
Beverly Road, Camp Hill, PA 17011. A true and correct copy
of said response is marked Attachment "A", attached hereto
and made a part hereof.
Examinations were made of the CumberS_and County Tax Assessment
Office; said examinations indicated that the Defendant's
mailing address is 116 Fourth Avenue, New Cumberland, PA
17070. A true and correct copy c~f said search is marked
Attchment ~B", attached hereto and made a part hereof.
Examinations were made of the Cumberland County Voter's
Registration Office; said examinations indicated that the
Defendant, Bruce G. Toole, resides at 116 Fourth Avenue, New
Cumberland, PA 17070.
is marked Attachment
hereof.
Examinations were made of
directory; said
Bruce G. Toole,
PA 17070.
A true and correct copy of said search
'~C", attached hereto and made a part
the Cumberland County phone
examinations indicated that the Defendant,
resides at 116 Fourth Avenue, New Cumberland,
Examinations were made on a nationwide computer search
available through Lexus Legal Research; said examinations
indicated that the Defendant, Bruce G. Toole, resides at 364
Beverly Road, Camp Hill, PA 17011. A true and correct copy of
said search is marked Attachment nD", attached hereto and made
a part hereof.
Finally, affiant deposes and says that after the foregoing
investigation, Plaintiff believes that the Defendant, Bruce G. Toole,
resides at 116 Fourth Avenue, New Cumberland, PA 17070.
BY:
GRENEN & BIRSIC, P.C.
Kr{~ine M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center-Nine West
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
bli~
~,,~,*:,r a Seal .
Joanne M;Wehner, Notary Public
ICty of pitts~3urg_h, Allegheny County
My Commission bxp res Ju~e 19, 2005~
ATTACHMENT ~A"
Date October 24, 2003
Postmaster
Camp Hill, PA 17011
City, State, ZIP Code
Request for Change of Address or Boxholder
Information Needed for Service of Leg&l Process
{~a~l{~9 the new address or the name and street address (if a box holder) for
Name: Bruce G. Toole
Address: 364 Beverly Road
NOTE: The name and last known address are required for change of address information.
The name, if known, and post office box address are required for box holder
information.
The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii).
There is no fee for providing boxholder information. The fee for providing change of
address information is waived in accordance with 39 CFR 265.6(d) (1) and (2) and
corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing
himself): LeGal Assistant
2. Statute or regulation that empowers me to serve process (not required when
requester is an attorney or a party acting pro se - except a corporation acting pro se
must cite
statute):
3. The names of all known parties to the litigation: LaSalle Bank, et al. vs. Too]e
4. The court in which the case has been or will be heard: ~ourt of Common Pleas of
Cumberland County
5. The docket or other identifying number if one has been issued 03-171-Civil Term
6. The capacity in which this individual is to be served (e.g., defendant or
witness): Defendant
WARRING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES
INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE
FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C
SECTION 1001).
I certify that the above information is true and that the: address information is
needed and will be used solely for service of legal process in connection with actual
or prospective litigation.
Gerald L. Potter, Jr.~
Printed Name
GRKNEN & BIRSIC, P.C.
One Gateway Center, Nine West
Pittsburgh, PA 15222
FOR POST OFFICE USE ONLY
NO change of address order on file. NEW ADDRESS or
Not known at address given. NAME and STREET ADDRESS
Moved, left no forwarding address
NO such address.
ATTACHMENT ~B"
Search-. 124 Results - 116 fourth avenue Page 1 of 2
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Records and Mortgage Records ~
Terms: 116 fourth avenue (Edit Search)
~'Select for FOCUSTM or Delivery
CUfiIBERLAND COUNTY, PA 116 FOURTH AVE, NEW CUfilBERLAND~ PA 17070
*** THIS DATA IS FOR INFORMATION PURPOSES ONLY ***
PROPERTY RECORD FOR CUMBERLAND COUNTY, PA
ESTIMATED ROLL CERTIFICATION DATE OCTOBER 1~ 2000
Owner: TOOLE, BRUCE G; Owner Occupied
Mailing Address: 1:1.6 FOURTH AVEr NEW CUMBERLAND, PA 17070
Property Address: 21.6 FOURTH AVEr NEW CUMBERLAND, PA 17070
**************************** SALES INFORMATION
Recorded Date: 04/18/1983
Sale Price: $ 28,000 (Full Amount)
Book/Page: 30D/302
************************** ASSESSMENT INFORMATION
Assessor's Parcel Number: 25-24-0813-038
Legal Description: DISTRICT: 025; CITY: NEW CUMBERLAND BOROUGH; ASSESSOR'S MAP
REFERENCE: MAP 0813
Brief Description: RESIDENTIAL WITH BUILDINGS
Land Use: RESIDENTIAL WITH BUILDINGS
Assessment Year: 2000
Assessed Land Value: $10,000
Assessed Improvement Value: $ 50,770
Total Assessed Value: $ 60,770
***************************** TAX INFORMATION
Tax Rate Code: WEST SHORE SD
************************* PROPERTY CHARACTERISTICS
httos://www.lexis.com/researclVretrieve?_m=74c5 fb78a84547a709cd497a00dddbe5 &doc... 10/24/2003
ATTACRMENT ~C"
'Search -q Result - toole bruce g Page 1 of 2
Source: public Records_ > PooDle. Business & Asset Locators > Person Locator > VQter Reaistrations > US Voter
Registrations, Combined ~
Terms: tools bruce g (_Edit Search)
TOOLE.. BRUCE G
TH'rS DATA t'S FOR TNFORHATIONAL PURPOSES ONLY
PENNSYLVANIA VOTER REGISTRAT]ONS
Name: TOOLE, BRUCE G
Address:
116 4TH AVENUE
NEW CUHBERLAND, PA 17070
County: CUMBERLAND
Date of Birth: 1/1/1951
Gender: MALE
Registration Number: A422441
Party Affiliation: NON-PART[SAN
Registration Date: 1/1/1979
Congressional District: 19
State Senate District: 33.
State House District: 088
Precinct: NEW CUMBERLAND 3.-3.
GENERAL ELECTION 2000: VOTED
GENERAL ELECTION 1998: VOTED
VOTER INFORMATION
VOTING HISTORY
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ATTACI-11~ENT ~D"
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~'Select for FOCUSTM or Delivery
TOOLE/ BRUCE G
THI'S DATA TS FOR t'NFORMATIONAL PURPOSES ONLY
PERSON LOCATOR- P-TRAK
Name: TOOLE, BRUCE G
Also Known As:
TOOLE, BRUCE
Social Security Number: 169-46-XXXX
Address:
116 4TH AVENUE
NEW CUMBERLAND, PA 17070-1958
Address Updated: 7/1/1993
Previous Addresses:
3023 HARVARD AVENUE APT. 1
CAMP HILL, PA 17011-5237
Address Updated: 7/1/1982
364 BEVERLY ROAD
CAMP HILL, PA 17011'-2838
Address Updated: 11/13/2000
Birthdate: 1/1951
Telephone: 774-2368
On File Since: 8/1/1976
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
Plaintiff,
NO.: 03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
within Motion for Service of the Notice of Sheriff's Sale Pursuant to
Special Order of Court and Order of Court was mailed to the following on
this /~th
pre-paid:
day of November, 2003, by first class, U.S. Mail, postage
Bruce G. Toole
116 Fourth Avenue
New Cumberland, PA 17070
GRENEN & BIRSIC, P.C.
~stine M/ Anthou, Esquire
Att~rr~eys for Plaintiff
One Gateway Center-Nine West
Pittsburgh, PA 15222
(412) 281-7650
NOV 1 8 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
LASALLE BANK, N.A., F/K/A CIVIL DIVISION
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff,
PENNSYLVANIA
NO.: 03-1'71 civil Term
vs.
BRUCE G. TOOLE,
Defendant.
ORDER OF COURT
AND NOW, to wit, this /9* day of /~w~ , 2003, upon
consideration of the within Motion for 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 the Defendant, Burce
G. Toole, by first class mail, postage pre-paid and certified mail at 116
Fourth Avenue, New Cumberland, PA 17070 and by posting of the Handbill
in accordance with Pa. R.C.P. 3129.2(b). Service on the Defendant shall
be deemed complete and valid upon mailing and posting in accordance with
this order. ~
SHERIFF'S SALE DATE: MARCH 03, 2004
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
Plaintiff,
PENNSYLVANIA
NO.: 03-171 Civil Term
ISSUE NUMBER:
vs.
BRUCE G. TOOLE,
Defendant.
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2(c)
AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
CODE -
FILED ON BEHALF
OF PLAINTIFF: LaSalle
Bank, et al.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff,
CIVIL DIVISION
NO.: 03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
I, Kristine M. Anthou, Esquire, Attorney for Plaintiff, LaSalle
Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and
Servicing Agreement Dated June 1, 1999, Series 1999-2, being duly sworn
according to law deposes and makes the following Affidavit regarding
service of Plaintiff's notice of the sale of real property in this matter
on February 05, 2004 as follows:
1. Bruce G. Toole is the owner of the real property and has not
entered an appearance of record.
2. On November 19, 2003, this court entered an order authorizing
Plaintiff to serve the Defendant by posting the Handbill at the property
located at 116 Fourth Avenue, New Cumberland, PA 17070 and mailing by
first class mail, postage prepaid and certified mail to the address set
forth in the Order, with service to be valid upon posting and mailing.
A true and correct copy of said Order is marked as Exhibit ~A" attached
hereto and made a part hereof.
3. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on November 24,
2003, the undersigned counsel served the Defendant, Bruce G. Toole, with
a true and correct copy of Plaintiff's notice of the sale of real
property by first class mail, postage prepaid and certified mail
addressed to Bruce G. Toole at 116 Fourth Avenue, New Cumberland, PA
17070. True and correct copies of U.S. Service Postal Form 3800 and 3817
evidencing service by first class mail, postage prepaid and certified
mail on the identified Defendant are marked Exhibit "B", attached hereto
and made a part hereof.
4. On or about November 26, 2003, the Sheriff of Cumberland
County posted the property located at 116 Fourth Avenue, New Cumberland,
PA 17070. A true and correct copy of the Affidavit of Posting from the
Sheriff of Cumberland County is marked Exhibit KC", attached hereto and
made a part hereof.
I verify that the facts contained in this Affidavit are true and
correct based upon my personal knowledge, information, and belief.
BY:
GREN~N & BIRSIC, P.C.
Krisk-i-rre M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS a-r DAY OF
Notary ~ublic '~
, 2004.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gerald L Potter, Jr., Nota~ Public
CRy Of PittSburgh, Allegheny County
My Commission Expires Dec. 10, 2007
Member. Pennsylvania Association Of Notaries
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff,
CIVIL DIVISION
NO.: 03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
consideration of the within Motion for 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 the Defendant, Burce
G. Toole, by first class mail, postage pre-paid and certified mail at 116
Fourth Avenue, New Cumberland, PA 17070 and by posting of the Handbill
in accordance with Pa. R.C.P. 3129.2(b). Service on the Defendant shall
be deemed complete and valid upon mailing and posting in accordance with
this order.
YRU£' COFY FROM RECORD
i'n Testimony whereof, I here unto set my ,hbntJ
~n~fl~' ~ ~ said COurt at Carlisle, Pa..
EXHIBIT "B"
~' '-'~' MAILING I Affix fN here in stamps
U.S. POSTAL SERVICE CERTIFICAT=: ~,~r ~ ~ me,et postage a~
PS FO~ 3817, Janua~ 2~1 * ' ~ ' * * ' * * ' ' ' *
OFFICIAL U E
EXHIBIT "C"
LaSalle Bank, N.A. f/k/a LaSalle National
Bank, as Trustee under the pooling and
Servicing agreement dated June 1, 1999
Series 1999-2
VS
Bruce G. Toole
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-171 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the wittfin named defendant to wit: Bruce G.
Toole, 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, Bruce
G. Toole. Defendant will not answer door to accept service.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on
October 14, 2003 at 4:30 o'clock PM he served the within Real Estate Writ, Notice of
Sale and Description upon the defendant, Bruce G. Toole, in the following manner: The
Sheriff mailed a notice of the action by certified mail, return reeeipt~ restricted delivery,
deliver to addressee only, to the last known address of Bruce G. Toole, 116 Fourth Ave.,
New Cumberland, PA 17070. The unopened letter was returned to the Cumberland
County Sheriffs Office on November 10, 2003 marked "unclaimed."
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
states that on November 26, 2003 at 4:45 o'clock PM, he served the within Real Estate
Writ, Notice of Sale and Description upon the within named defendant to wit: Bruce G.
Toole, by posting the premises located at 116 Fourth Ave., New Cumberland, PA
pursuant to order of court, according to law.
Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states
that on October 10, 2003 at 10:59 o'clock AM, he posted a true copy of the within Real
Estate Writ, Notice of Sale, Poster and Description upon the premises of Bruce G. Toole
located at 116 Fourth Ave., New Cumberland, PA 17070 according to law.
Sworn and'subscribed to before me
This day of
2003, A.D.
Prothonotary
R. Thomas Kline, Sheriff
Real EstatdJDeputy
SHERIFF'S SALE DATE: MARCH 03, 2004
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff,
VS.
BRUCE G. TOOLE,
Defendant.
CIVIL DIVISION
N0.:03-171 Civil Term
ISSUE NUMBER:
TYPE OF PLEADING:
Pa. R.C.P. RULE 3129.2(c) (
LIENHOLDER AFFIDAVIT OF
SERVICE
CODE -
FILED ON BEHALF
OF PLAINTIFF: LaSalle
Bank, et al.
COUNSEL OF RECORD
FOR THIS PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. # 77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK, N.A., F/K/A CIVIL DIVISION
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
Plaintiff,
NO.: 03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
Pa. R.C.P. RULE 3129.2(c) (2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, Kristine M. Anthou, Attorney for Plaintiff, LaSalle Bank, N.A.,
f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing
Agreement Dated June 1, 1999, Series 1999-2, being duly sworn according
to law, deposes and makes the following Affidavit regarding service of
the notice of the sale of real property on all persons named in
Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1
as follows:
1. By letters dated July 15, 2003, undersigned counsel served all
persons (other than the Plaintiff) named in Paragraphs 3 through 7 of
Plaintiff,s Affidavit Pursuant to Rule 3129.1 with a notice of the sale
of real property by ordinary mail at the respective address set forth in
the Affidavit Pursuant to Rule 3129.1. True and correct copies of said
Affidavit Pursuant to Rule 3129.1, Certificates of Mailing, and any
letters, if returned as of this date, are marked Exhibit "A", attached
hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and
correct based upon my personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
BY:
Kri~rlne M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this ~)~7~ day
Q_~ Notary Publ'ic
2004.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gerald L. Potter, Jr,, Notary Pubiic
City Of Pittsbu~h, Allegheny County
My Commission Expires Dec. 10, 2007
Member, Pennsylvania Associa~on Of Notarial
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
LASALLE BANK, N.A., F/K/A
LASALLE NATIONAL BANK, AS
TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT
DATED JUNE 1, 1999,
SERIES 1999-2,
CIVIL DIVISION
PENNSYLVANIA
Plaintiff,
NO.: 03-171 Civil Term
vs.
BRUCE G. TOOLE,
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under
the Pooling and Servicing Agreement Dated June 1, 1999, Series 1999-2,
Plaintiff in the above action, sets forth as of the date the Praecipe
for the Writ of Execution was filed the following information
concerning the real property of Bruce G. Toole located at 116 Fourth'
Avenue, New Cumberland, Pennsylvania 17070, and is more fully
described as follows:
ALL THE RIGHT, TITLE INTEREST ARD CLAIM OF BRUCE G. TOOLE, OF, IN
AND TO THE FOLLOWING DESCRIBED PROPERTY~
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH
OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED
THEREON A DWELLING KNOWN AS 116 FOURTH AVEhu~, NEW CUMBERLAND,
PENNSYLVANIA 17070. DEED BOOK VOLUME D30, PAGE 302. TAX HAP NUMBER
25-24-0813. PARCEL NUMBER 038.
1. The name and address of the owner or reputed owner:
Bruce G. Toole 116 Fourth Avenue
New Cumberland, PA 17070
2. The name and address of the defendant in the judgment:
Bruce G. Toole 116 Fourth Avenue
New Cumberland, PA 17070
3. The name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold:
LaSalle Bank, et al. Plaintiff
Commonwealth of PA
Department of Welfare
P. O. Box 2675
Harrisburg, PA 17105
4. The name and address of the last record holder of every mortgage
of record:
LaSalle Bank, et al.
First Union National Bank
Plaintiff
One Meridian Boulevard
Wyomissing, PA 19610
5. The name and address of every other person who has any record lien
on the property:
PA Department of Revenue
Domestic Relations
Office
Tax Assessment Office
Bureau of Individual Taxes
Inheritance Tax Division
Department 280601
Harrisburg, PA 17128-0601
P. O. Box 320
Carlisle, PA 17013
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
None
7. The name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be affected
by the sale:
Tenant (s) or
Current Occupant (s)
116 Fourth Avenue
New Cumberland, PA 17070
I verify that the statements made in the Affidavit are true and
correct to the best of my personal knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
Dated: ///Jr BY:
Kristine M. Anthou, Esquire
Attorney for Plaintiff
SWOP~N to and subscribed before
me this~'/F-~day of ~ ,2003.
~/~otary Public
Nota.~al Seal
Joanne M. Wehner, Notary Public
City of Pittsburgh Allegheny ~ounty
My Commission Expires June , 9, 2005~
Member, Pennsyivenia Association of Notaries
U.S. POSTAL SERVrCE CEdi [ II-ICATE OF MAILING [ Affix fee here in stamps
One G~eway ce~er
ps Form 38~ ?, Oanu*ry 200~ ~ ~
............. MAILING I Affix fee here in stamps
~OV,DE Fo.,.su.*.c~-"o~'m~" I I~'~ ~ '~ ~1' ~
U.S. POSTAL SERVICE CERTIFICATE O [ o~ ~ ~nd
PS Fora 3817, Janua~ 2~1
U.S. POSTAL SERVICE CERTIFICATE OF MAILING ] affix f~. here in s~amps
MAY BE USED FOR DOMESTIC AND INTERNAT [ or meter [x~tage and
ONAL MAIL, DOES NOT post mark. nquh'e of
Greta. & mr,~c ~c ' ~
' 0~.:---~----- ' ' ~ "~
' PS Form 3817. January 2001 ~ I
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 LaSalle Bank N A, Tr is the grantee the same having been sold to said
grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 9th
day of July, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003
Number 171, at the suit of LaSalle Bk, N A f/k/a LaSalle Natl Bk Tr against Bruce G Toole is duly
recorded in Sheriff's Deed Book No. 262, Page 862.
1N TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~ 3'''7-~ day of
~ , A.D2004
~~d~ ~e~ecorder of Deeds
AMENDED RETURN
LaSalle Bank, N.A. f/k/a LaSalle National
Bank, as Trustee under the pooling and
Servicing agreement dated Jtme 1, 1999
Series 1999-2
VS
Bruce G. Toole
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-171 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: Bruce G.
Toole, 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, Bruce
G. Toole. Defendant will not answer door to accept service.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on
October 14, 2003 at 4:30 o'clock PM he served the within Real Estate Writ, Notice of
Sale and Description upon the defendant, Bruce G. Toole, in the following manner: The
Sheriff mailed a notice of the action by certified mail, return receipt, restricted delivery,
deliver to addressee only, to the last known address of Bruce G. Toole, 116 Fourth Ave.,
New Cumberland, PA 17070. The unopened letter was returned to the Cumberland
County Sheriffs Office on November 10, 2003 marked "unclaimed."
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
states that on November 26, 2003 at 4:45 o'clock PM, he served the within Real Estate
Writ, Notice of Sale and Description upon the within named defendant to wit: Bruce G.
Toole, by posting the premises located at 116 Fourth Ave., New Cumberland, PA
pursuant to order of court, according to law.
Shannon Shertzer, Deputy Sheriff; who being duly sworn according to law, states
that on October 10, 2003 at 10:59 o'clock AM, he posted a true copy of the within Real
Estate Writ, Notice of Sale, Poster and Description upon the premises of Bruce G. Toole
located at 116 Fourth Ave., New Cumberland, PA 17070 according to law.
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 March 3, 2004 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Kristine Anthou for LaSalle Bank, N.A., f/k/a LaSalle National
Bank, as Trustee under the Pooling and Servicing Agreement Dated June 1, 1999, Series
1999-2. It being the highest bid and best price received for the same, LaSalle Bank,
N.A., f/k/a LaSalle National Bank, as Trustee under the Pooling and Servicing
Agreement Dated June 1, 1999, Series 1999-2 of 909 Hidden Ridge Drive, Suite 200,
Irving, TX 75038, being the buyer in this execution, paid to SheriffR. Thomas Kline the
sum of $757.15, it being costs.
Sheriffs Costs:
Docketing $30.00
Poundage 14.85
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 23.46
Levy l 5.00
Surcharge 20.00
Postpone Sale 20.00
Law Journal 260.75
Patriot News 207.19
Share of Bills 28.90
Distribution of Proceeds 25,00
Sheriffs Deed 40.50
$ 757.15
Sworn and subscribed to before me So Answers:
This ~'o ~ day of '~t4.o...~
* othonot ryBY _
Real Estate~Deputy
Real Estate Sale # 16
On August 7, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA
known and numbered as 116 Fourth Ave.,
New Cumberland, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: August 7, 2003
Real Estate Deputy
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 Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th
day(s) of November 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.
COPY' Sworn to(aJ~subs~ribed before_r~'~s 19th day of [~vem~;)e~003 A.D.
S A L E #16 NctadaISeal
~__~~~ My commission expires June 6, 2006
~. pems~ ~
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
~Fr~ Statement of Advertising Costs
~tu~ ia ~ l}~:o,~h 0f.N,w c~,~.lm~, To THE PATRIOT-NEWS CO., Dr.
a~b~mJ Ca~j, i~ylv~, ~ and .....
~ ~ ~ ~ a s~ ~ ~ For pubhsh~ng the nobce or publication attached
~f ~ ~ ~ L w~ ~. ~., hereto on the above stated dates
~ 17,1~,~ ~ ~ t
~G ~a ~ ~ ~ ~ To al $ 207.1 9
~t of ~ ~y ~ ~
~;~s~~ Publisher's Receipt for Advertising Cost
114~ Mley:~ ~g ~ ~ ~
ofa~S~l~, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
~a~n~ ~ 5~39~51 ~ ~ . . .
( m a ~i~; ~N~ ~1 ~,Wmt~- receipt of the aforesaid not~ce and publication costs and ce~ifies that the same have
~ ~d; ~ ~ ~ ~ N~ 39
a~O ~ ~:num~ ~ I16'~~ 8y ....................................................................
B~G ~ ~e ~ w~ W~n L
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
OCTOBER 17, 24, 31, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 16
Writ No. 2003 171 Civil
LaSalle B~mk. N,A., 17k/a LaSalle
National Bank, as Trustee under
the Pooling and Servicing
Agreement dated June I. 1999,
Series 1999 2
Bruce G. Toole
Atty.: Kristine Anthou
LONG FORM DESCR1FI'ION
ALL THaT CERTAIN lot or piece
of land situate in the Borough of New
Cumberland, Cumberland County,
Pennsylvania, bounded and de
scribed in accordance ~vith a sur-
vey and plan thereof made by Ernest
J. Walker, Pro[. Eng.. dated August
17, 1966. as lbllows, to wit:
BEGINNING at a point on the
Southeasterly side of Fourth Alley,
said point being 23 l~et Southwest
of the Southeasterly side of Walrmt
Alley; thence extending along prem
tor
SWORN TO AND SUBSCRIBED before me this
31 day of OCTOBER, 2003_
LOIS fi. SNYDER, Notary Public
Carlisle Boro, Cumberland C~n~
~ ~m~i~ ~ Ma~ 5, 2~5
LONG FORM DESCRIFqlON
ALL THAT CERTAIN lot or piece
of Imtd situate in the Borough of New
Cumberland, Cumberland Cotlnty,
Pennsylvania, bounded and
scribed in accordance witb a sur
vey and plazx thereof made by Ernest
J. Walker. Prof. Eng., dated August
17. 1966. as Ibllows. to wit:
BEGINNING at a point on the
Southeasterly side of Fourth Alley.
said point being 23 feet Southwest
of the Southeasterly side of Walnut
Alley; thence ex'lending along prem-
ises knowxl as i 14 Fourth Alley arid
passing through the center of a par
tition wall South 51 degrees East
50 feet to a point: thence South 39
degrees West 51 feet to a point;
thence North 51 degrees. West
feet to a point on the Southeasterly
side of Fourth Alley aforesaid:
thence along the same North 39
degrees East 51 feet id the point
and place of BEGINNING.
BEING known and numbered as
i16 Fourth Avenue. New Cumber-
land, Pennsylvania.
BEING the same premises which
Warren L. Weaver and Karlene A.
Weaver, his wife, by deed dated
April 15, 1983 and recorded on April
18, 1983 in the Office of the Re-
corder of Deeds for Cumberland
County in Deed Book Volume
Page 302. granted and conveyed
unto Bruce G. Toole, single n~.
DBV D30.
Page 302.
Tax Map No. 25-24 0813
Parcel No. 038
LOIS E. SNYDER, Notary Public
Culisle Boro, Cumberland County
My Commissio~ E~oires March 5, 2005