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Home My WebLink About00-05695 GIIIEST,lbMl:s, HERROLD LLI' ATIORNllYS!<TLAw 129EASTM!<RKIlTSTREET YOllX,PENNSYLY!<NI!<17401 l'EI.EPlIONE(717) 846-8856 " J__ ,'. ,--, _i~~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00- S1.9$ C-u;( Plaintiff vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure NOTICE 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 notice and complaint are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3116 1-800-990-9108 GRIEST, HIMES, HERROLD, LLP BY:~ ~V~ Laurence T. Himes, Jr., Esqu1re Attorney for Plaintiff Supreme Court I.D. #19239 GIUEST,lllMm,lIERRowLLP ATIOIlNEYS AT LAW 129EASTMARKETSnlElIT YORK,PENNSYLVANlAI7401 T1!u:PHONE (717) 846-8856 , 'j --- ~'" . -1~ . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. ()-(j. >SI..Jlo' &.;;,;t T' h- Plaintiff vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure COMPLAINT AND NOW, TO WIT, this IIi/-- day of ~ 2000, comes Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, and by its attorneys, Griest, Himes, Herrold, LLP, Esquires, by Laurence T. Himes, Jr., Esquire, who brings this Mortgage Foreclosure complaint against the above named Defendant, upon a cause of action whereof the following is a statement: 1. The Plaintiff, Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, is a banking corporation organized under the laws of the State Maryland, with principal offices located at 6701 Baymeadow Drive, Glen Burnie, Maryland 21060, and is herein called MORTGAGEE. 2. The Defendant, Cheri A. DiStefano, is an adult individual, 2 ~_o_ ~,_ -'->~ who lives and resides at 123 Brian Drive, Unit 123, Enola, Pennsylvania 17025, and is herein called MORTGAGOR. 3 . That at all times material to the Plaintiff's cause of action, the MORTGAGOR has been the owner(s) of a tract of land and the buildings thereon, herein called LAND, located in East pennsboro Township, Cumberland County, Pennsylvania. 4. The LAND is described as follows: ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: GRII'Sf,lIIMt,s,lIERBoLPLLP ATIORNl;VSATLAw 129EASTNlARKETSTREIlT YORX,I'ENN~VLVANlA 11401 TEui:PIlONE (717) 846-8&S6 IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded 3 GIUEST,lIIMES,HmlRoLDUl> ATIORNIlYS AT LAw 129EAs1:MAIOOITSTRI!I!T YORK,I'ENNsYLVANlAI7401 TaEPHONE(117) 846-8856 il: ,__c, . ~W'i; on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. 5 . That on or about October 25, 1994, in consideration of a loan of $66,000.00 made by the MORTGAGEE to the MORTGAGOR, the MORTGAGOR executed and delivered to the MORTGAGEE an Adjustable Rate Note secured by a Mortgage on the LAND obligating the MORTGAGOR to pay the MORTGAGEE $66,000.00 at the initial rate of 7.6250% per annum. The Mortgage is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 1239, at page 1026. Said mortgage further provides that in the event of default by the MORTGAGOR for the payment of reasonable attorneys fees together with costs of suit. The recorded Mortgage is 4 " ,-- '-, ~ -,,; incorporated herein by reference thereto. 6. The MORTGAGOR has defaulted on the Mortgage and Note by failing to make monthly payments. 7 . That the amount due on the Mortgage to the MORTGAGEE is currently as follows: Principal Balance Interest to 8/15/00 Late charges Escrow deficiency NSF charges Misc. costs 5% Attorney's Fees $62,593,15 4,356.43 126.72 744.90 45.00 290.00 1.130,00 TOTAL S71.286.20 Plaintiff also requests a per diem charge of $13.72. 8 . That the required Act 91 Notice was mailed to the Defendant on or about March 6, 2000, by certified and first class mail, a copy of which is attached hereto and marked as Exhibit "A" and incorporated herein by reference thereto. WHEREFORE, Plaintiff demands judgment in rem, for foreclosure and sale of the mortgaged premises, against the MORTGAGOR for a GRIEST,JlIMco,llERRoLDLl,P AlTOllNEYSATLAW 129EAs-rMAAKETSTREBT YORK,f'ENNSY\.VANlAI7401 TE1.i!PHONE(717) 846-8856 principal amount of $62,593.15, interest to August 15, 2000, of $4,356.43, late charges of $126.72, escrow deficiency of $744.90, 5 GIillSl',Hl!>lKS,IIEKRoUlLLP AlTORNE.YSATLAW 129EAsrMAIlXE.TS1'RI!IIT YORK,f'ENNsnvANlAI7401 TELEPHONll(717)!I46-88S6 " ,"<',-"i'-_ ;,{, -.""" NSF charges of $45.00, miscellaneous costs of $290.00, and a 5% attorney's commission of $3,130.00, for a total due of $71,286.20, together with costs of suit. In addition, the Plaintiff requests a per diem interest charge of $13,72. GRIEST, HIMES, HERROLD, LLP Laurence T. Himes, Jr., Es re Attorney for plaintiff Supreme Court I.D. #19239 6 GRIEST, HIMES, HERROLD !. , , -, "~~.., '---~"1. AUG 03-2000 12:55 G~Rn. Hr.llt/l. HllItMlJl Ud' "nollllne"TI,~"" 1~E.uT~lfrS'l"llQlT "(joI,It.PcNW~Vl."^M"I'401 'nwn~ll~ 717 846 8856 P.08/08 STATE OF Q~{\<:\':i.~~a~\.C\ COUNTY OF \):\\ i ~L'\\ ) 55: ) Before me, the subscriber, a Notarv Public, in and for said S.tate and County, personally appeared 5l\~\\ lfl('Q{Y\l&.<..Y-) .~ President of Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, who being duly sworn according to law, deposes and says that the facts contained in the foregoing complaint in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief; and that he/she understands that false statements herein made are made subject to the penalties of 18 PA. C.S. ~4904, relating to unsworn falsification to authorities. ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY BY'~~ Print me~,-,,,,,<c,, Q"o-"-<l"~"e..6ll Title:V \"-"-.Pre..<<';\~(.(\T Sworn and subscriQ~_ to before me this., ~\'f\ day of (\\1C\\~ ,2000. A \u~J\'. G. L \u o.~~ . NOTARY P~LI'C ~ My Commission Expires: Notarial Seal Sherr! A. Yeaa/B.v' Yo Notary Public Harrisburg, "Dauphin County My Commissloil ExpIres Oct. 13, 2003 Member, pennsylVania AssocisItOn of Notaries TOTAL P,08 ~ -; > .-. - b.~ cj~~ Allfirst Bank Cen"cal Loan Administration & Report. , . POBox 77404 Ewing, NJ 08628 (888)-289-4610 Ce-n \.J VV\ ... March 06, 2000 Cherie A Distefano 123 Brian Dr Enola PA 17025 Certified Mail No. Account No. 200625-2 Mortgaged Property: 123 Brian Dr Enola PA 17025 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, NO.6), 41 P.S. Section 403); OR , 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. section 1680.201c-1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. LA NOTIFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. 51 NO COMPRENnE EL CONTENlDO DE ESTA NOTIFlCACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XCI77 004 JDE Et. "A II ~"--~ ~ " , "-~ -_-.~ Page 2 Loan No. 200625-2 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "faoe-to-faoe" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR. Name of Creditor. Central Loan Administration Address. P.o. Box 77410 Ewing, NJ 08628 * Telephone Number. MR. WESSEL Contact Person: 1-800-242-7178 CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30 ) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed on the attachment.' Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your XC178 008 JOE Page 3 Loan No. 200625-2 application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of it's decision on your application. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 123 Brian Dr , Enola PA 17025 IS SERIOUSLY IN DEFAULT because, A. YOU HAVE NOT MADE are now past due: Payments of Principal Escrow Payments: Late charges: Attorney Fees/costs Other Charges: TOTAL AMOUNT PAST DUE: THE MONTHLY MORTGAGE PAYMENTS. The following amounts and Interest: 2416.39 510.35 6.07 66.00 2998.81 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: RE-INSTATE YOUR LOAN HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 009 JOE , . =~,~ - ('-. /-..,~ ~ Page 4 Loan No. 200625-2 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. OTHER CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU STILL HAVE THE RIGHT TO CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF' S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ANY COSTS CONNECTED ,WITH THE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the address set forth above. XC180 008 JDE - > , ,~ .' c- ............,. _~;- _ .,'" 4 ,'''' Page 5 Loan No. 200625-2 SFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - yOU have additional rights to help protect your interest in the property. YOU ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR fRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYM$NTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT SXIST. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR SEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY fHE CREDI'I'OR. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Angela M. Berntson Second Vice President )(C181 011 JDE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANy INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. lliilOiir"-J~ '-'-Iill:!i~lilliililllil~I'UII""""",,,,"I\'I,OlliitfuiUli!hi\jldllj;lilii!dilililbl,~~IH.~I>~lli'lIiMOO;oliilllilll~~lljlidlkili!!Bdi!!lI";;l;I~~[ -~ <Ii,' SHERIFF'S RETURN - REGULAR CASE NO: 2000-05695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS DISTEFANO CHERI A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DISTEFANO CHERI A the DEFENDANT , at 0017:55 HOURS, on the 21st day of August , 2000 at 123 BRIAN DRIVE ENOLA, PA 17025 by handing to JULIE DISTEFANO a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof.. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.92 .00 10.00 .00 37.92 r~~~~~/ R. Thomas Kline 08/22/2000 GRIEST, HIMES, HERROLD Sworn and Subscribed to before By: me this 7 fb day of J~~~ ~ A.D. ~(l ~.J;Uj P othonotary 0" ," ~,"'. :,'i ,':",,~":- ."_ '-"iii, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Ter.m Plaintiff vs. CHERI A. DiSTEFANO, Defendant Mo~tgage Fo~eclosure CERTIFICATE OF SERVICE AND NOW, TO WIT, this r3tL day of ~ , 2000, I, Laurence T. Himes, Jr., Esquire, a partner of the law firm of GRIEST, HIMES, HERROLD, LLP, of 129 East Market Street, York, Pennsylvania, hereby certify that I mailed a true and correct copy of the within 10-Day Notice of Default filed in the above captioned matter, by Certified Mail Return Receipt Requested and by First Class U,S. postage prepaid mail to the within Defendant, as follows: ChQri A. DiStefano 123 Brian Drive Eno1a, Pennsylvania 17025 GRIEST, HIMES, HERROLD, LLP By: Laurence T. Himes, Jr., _e Attorney for Plaintiff Supreme Court I.D. #19239 GRIEST, HIMES, HEItIlOLII LLP ATTORNEYS AT LAw 129 EAST MARKET $TREET YORK, PENNSYLVANIA 17401 TEL!:PHONE (717) 846-8856 2000. My Commtssion Expir NOTARIAL SEAL Barbara L. SuUivan, NOlaI'I Public City of York, County of York My Commission Expires June 1, 2004 " '" ,'~ ., .. 'T . GRIEST, ~IME~, HERROLD LLP G,II Attorneys At Law . LAURENCE T. HIMES. JR. JOHN C. HERROLD SUZANNE H. GRIEST 129 EAST MARKET STREET YORK. PENNSYL V ANJA 17401 BRANCH LOCATION BRIAN P. STRONG- ANDREA MARCECA. "Also Admitted to Maryhmd Bar TELEPHONE (717) 846-8856 FAX (717) 846-3610 FAX (717) 845-3330 WARRINGTON WAYS WELLSVILLE, PA 17365 fAEPL Y TO YORK OFFICE) RUSSELL F. GRIEST (1953-19791 September 13, 2000 Ms. Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 RE: Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company VB. Cheri A. DiStefano Cumberland County No. 00-5695 Civil Term Dear Ms. DiStefano: Enclosed herewith, for service upon you in accordance with Local Rules of Court, please find a 10-Day Notice of Default regarding the mortgage foreclosure action filed to the above term and number. Please guide yourself accordingly. Very truly yours, LAURENCE T. HIMES, JR. LTH:bls enclosure C__"",, ",'C-.-" ~- ~ - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff vs. CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure IMPORTANT NOTICE TO: Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 -yj.. /3, 2000 DATE OF NOTICE: September YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT 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 Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3116 1-800-990-9108 (;RJF.'''-. HIMK~. HF-RR"I.P ',L~ ATT"RNH'" LA" 1!~fO"'M,'RKHSrRI'.l-O YO~K,I'F-NNWLV"_"A 174[11 By:, GRIEST, HIMES, HERROLD, LLP C-~ ~)~ Laurence T, Himes, Jr" Esqulr~ Attorney for Plaintiff Supreme Court I.D. #19239 TELliPIIONf: 17171 ~4~.~K5" ~~ tl" ,-- ,,- ,;' ~,~ -,~ -~ ~ , -, " '~ M~_ ~~,i , ,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff vs. CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure CERTIFICATE OF SERVICE AND NOW, TO WIT, this 3[)l13ay of Nl~ r, , 2001, I, Laurence T. Himes, Jr., Esquire, a partner o~w firm of GRIEST, HIMES, HERROLD, SCHAUMANN LLP, of 129 East Market Street, York, Pennsylvania, hereby certify that I mailed a true and correct copy of the within 10-Day Notice of Default filed in the above captioned matter, by First Class U.S. postage prepaid mail to the within Defendant, as follows: Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 GRIEST, HIME~-HE ..---- , SCHAUMANN LLP By: -- Laurence T. Himes, Jr., s Attorney for Plaintiff Supreme Court I.D. #19239 GRlE'lT, HIMICS, HERROLD, SCH~UM~NN LLP A1TORNEYSATL~w 129EASTMARKlITSTRIiliT YORK,PE>lNSnvAN1AI7401 TELEPHONE(717)S46-8856 ~ l;kll~"'. Hl'll:s. HI:uul.ll. St'H~' "A_'~ I.lP "rmRsE;"'~TL"'. 1 ~9 E"<T ~t'RKET S"'EET Y".K. Pr,"~"'L"A_"A 17.\lJl T1-.U'"HONE!7171 H~~.~K5(, .... " -, ~I r!llli;j"" ;. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff vs. CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure IMPORTANT NOTICE TO: Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 DATE OF NOTICE: DQ CU. ~D , 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT 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 Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3116 1-800-990-9108 GRIEST, HIMES, HERROLD, SCHAUMANN LLP ~ '\ '\ By: Laurence T, Himes, Jr., SqUI Attorney for Plaintiff Supreme Court I.D. #19239 I _ _~ '~'_ _, ~ ~ -"'"-< GRIEST, HIMES, HERROLD, SCHAUMANNLLP ATTORNEYS AT lAW -' 4 LAURENCE T. HIMES, JA. JOHN C. HERROLD SUZANNE H. GRIEST DAVID 8. SCHAUMANN BRIAN P. STRONG. ANDREA MARCECA. MICHAEL C. ANDERSON *AlsQ Admi/ted lQ Maryland Bar 129 EAST MARKET STREET YORK, PENNSYLVANIA 17401 BRANCH LOCATION TELEPHONE (717) 846-8856 FAX (717) 846-3610 FAX (717) 845-3330 WARRINGTON WAYS WELLSV1LLE, PA 17365 (REPLY TO YORK OFFICEl RUSSELL F. GRIEST (1953-1979) March 30, 2001 Ms. Cheri A, DiStefano 123 Brian Drive Enola, Pennsylvania 17025 RE: Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company vs. Cheri A. DiStefano Cumberland County No. 00-5695 Civil Term Dear Ms. DiStefano: Enclosed herewith, for service upon you in accordance with Local Rules of Court, please find a 10-Day Notice of Default regarding the mortgage foreclosure action filed to the above term and number. Please guide yourself accordingly, Very truly yours, LAURENCE T, HIMES, JR. LTH:bls enclosure pc: Colleen Palmer (#200625-2) . ... GRIEST, HlMIlS, HmtRO~D, SCUAUMANN UP ATlORtlErS I<T LAW 129EASTMARXIITSrnEEr YORK,I'ENIISYLVANIA17401 TELl!PHONE(7I7) 846-S8S6 .- ". -" ^,' .-' i.1 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff Civil Action vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: ENTER JUDGMENT in the above case for failure to me, or enter, an answer or appearance against Cheri A. DiStefano, Defendant, and in favor of AllfIrst Bank, f/k/a Dauphin Deposit Bank and Trust Company, Plaintiff, in the sum of: Principal Balance Interest through 5/15/01 Late charges Escrow overdraft Misc. costs to date 5 % Attorney Comm. $62,593.15 8,436.12 354.14 2,676.93 1,812.91 3,130.00 TOTAL DUE Prothonotary I hereby certify that the IO-day Notice of Default was mailed to Defendant on March 30, 2001.- I: _d~~~- ~ '~~ . <n' '_n__' ___;",__ -~] . LAURENCE T. HIMES, JR. JOHN C. HERROLD SUZANNE H. GRIEST DAVID B. SCHAUMANN BRIAN P. STRONG. ANDREA MARCECA. MICHAEL C. ANDERSON *Also Admitted to Maryltllld Bar 129 EAST MARKET STREET YORK. PENNSYLVANIA 17401 BRANCH LOCATION TELEPHONE (717) 846-8856 FAX (717) 846-3610 FAX (717) 845-3330 WARRINGTON WAYS WELLSVILLE, PA 17365 (REPLY TO YORK OFFICE) RUSSELL F. GRIEST {1953-1979l March 30, 2001 Ms. Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 RE: Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company vs. Cheri A. DiStefano Cumberland County No. 00-5695 Civil Term Dear Ms. DiStefano: Enclosed herewith, for service upon you in accordance with Local Rules of Court, please find a 10-Day Notice of Default regarding the mortgage foreclosure action filed to the above term and number. please guide yourself accordingly, Very truly your~ .~ -- LAURENCE T. HIMES, JR. LTH:bls enclosure pc: Colleen Palmer (#200625-2) [R&\JA~ , , . l;RI"'T. II""", Ht,KK(lU~ St-H" ,,~S~ Ll_. ,"nnR"H<ML," l~q EAST MARKET ST1l~ET y()"~. PF"~";YI.'^."" 17-1111 TELI',PH""E 1717Ill-1h.~M56 I~ " " ,."t>, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, r ~''''''Ii1''''M No. Of_l~9lt' c' t:il;'T~rm . r;.o 'c l V<.J \it .. li~u:-;,. Plaintiff vs. CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure IMPORTANT NOTICE TO: Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 DATE OF NOTICE: ~ CU, -3v , 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT 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 Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3116 1-800-990-9108 GRIEST, HIMES, HERROLD, SCHAUMANN LLP '\ '\ By: Laurence T. Himes, Jr., SqUI Attorney for Plaintiff Supreme Court 1.0. #19239 ~~l&J:al.w-1i;('~-'W!J~~1!l~~J;;\~Hi.1i@ii~"'"~~''''"'~ ~.. ._~"""-; 1 1Iliil' -^-~-~-.~~p ~. ,~ . --^"~ o _v,. _. ___ _~ _ ~,'r ~ ~",-".~"., ' ,^,-,~ ,"^<- ,., ,.~, ,- ,', "' i l ~ ~ "{) . (') ,-.~3 & c: ~ 7 ~ -orc' r rnr'" , Z~ - "'f" r' '-') )\..J /_,~ ...... -U 9 10 {,.; l )J 6' ~ ~ " :2:;:, -..- r- 5>>~ f>;' - '...J J ~7 ..::_" ~ -" ~ -< (.0 , ,., , ~. .. -= .- '-, ~, ,*--",,^, ,- - -'''~ . -,- ~ I I I 1 'b -" ! " '. ~__C"~, ,-, I:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DMSION PRAECIPE FOR WRIT OF EXECUTION ALLFIRST BANK, f/k/a DAUPIllN DEPOSIT BANK AND TRUST COMPANY : () Confessed Judgment : (x) Other Plaintiff : File No. OD- SI...CfS : Amount Due $79,003.25 : Interest 1,744.03 : Atty's Comm : Costs CHERI A. DISTEFANO, Defendant TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the. .below does not arise out of a retail installment sale, contract. or account based on a confession of judglllent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 a amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, EastPennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No.. 09-12-2992-001A; U5123-3; as more particularly described in Cumberland County Record Book 114, Page 403. PRAECrPEFOR ATTACHMENT EXECUTION Ta"PHQNE(717)846.8~56 Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above. directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). _ (indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~ ~__' , Date: Signature:~ V L,.." -",. Print Name: Laurence T. Himes, Ir., Esquire Address: 129 East Market Street York, Pennsylvania 17401 Attorney for: Plaintiff Telephone: (717) 846-8856 Supreme Court ID No.: 19236 G~lf^,T, HIMES, HE~ROLD, SCUAUMANN U,P AlTORNEYS AT LAw 129 EAsT MARKET STREET YORK,PENNSYLVANIA17401 ****IO-Day Notice was mailed to Defendants March 30, 2001 -1i1l-~~~1k~,jMif*tft!l~W _~li&.~11ti - f.-'~bl,ijjj -' ~~ . jll:~- . ,r '<' ~ ~ ~ l> ~ rr- - ...... "-> lU r .....) ~ --~~ --.,,-- ,,~. ,~ ~~ ~ & ~D ~'. ~ ..... o'.o~ ..0 J\). !'l f .~ g ~ , \ I I "- ... , , ... ... , , ".... .... :: " , - ,'~" -jjj!jjiml '...IiiliIMllI'~ "'~-~. .,,-=..',' "-~mlr {,Q. ~i1 . . ~ 8 I ~~ ~ ~ 0- C? c. :;?" -ocr1 1'1'1;-" " ;:':;y(- G;},:'--', ~t. ~~ :::j ...;. ~ (::> _.~V ." ~:"'" Ct"' ,..,,) '.. :-",) ~~-. .c" " .'- -;1 Ii Ii II i' I I " Ii . . . '~,,-,; ., DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defmed in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12"2992.001A; U5123-3 " ~ 0'- """ ~. . , DESCRIPTION Prepared by Laurence T. Himes, Jf., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defmed in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 ..~".- ~ , ~~ , , DESCRIPTION Prepared by Laurence T. Himes, Ir., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defmed in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 . ~" , "' =,' -. . ~, ", ""-' -, "-.'i~_ , . DESCRIPTION Prepared by Laurence T, Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 . , .1, . , --" - 'i~f DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P ,L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defmed in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 ~~" I, I..--.J "" m" . . DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland' County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defmed in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J, Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MOR~GAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 ~'"'~ J'1 - '" .> ~ .1. - <-"'~'" , 11' .. .' '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff Civil Action vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank, f/kla Dauphin Deposit Bank and Trust Company, 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 located at 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No. 09-12-2992-001A; U5123-3; as more particularly described in Cumberland County Record Book 114, page 403. 1. Name and address of record Owner(s): Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 2. Name and address of Defendant(s) in the judgment: Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property: GRIES!', HIMES, H~IUlOLII, SCIlAOMANN U.P ATIORNl!YS AT LAw 129 EAST MARKET STRElIT YORK,I'ENNSYLVANlAI7401 lELEPIIONE (717j 846.8856 Allfrrst Bank, f/kla Dauphin Deposit Bank and Trust Company 6701 Baymeadow Drive Glen Burnie, Maryland 21060 'I p .'" GRIEST, HIMES, HERlIOLD, SCIlAUMANN ~LP ATfORNEYSATLAW 129EAsTMA~I(ETSTREET YORK,PEr<NSYLVAN1" 17401 TELEPIIOtIE (7J7) 846.8856 / - ,- ^ '" ,- -,-- -~ '~~j _kJ'",,--- 4. The name and address of last record holder of every mortgage of record: Dauphin Deposit Bank and Trust Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 5. property : Name and address of every other person who has any record lien on this None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Hurnmelstown, Pennsylvania 17036 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein made are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. Dated: 5' /IIP/01 GRIEST, HIMES, HERROLD, SCHAUMANN LLP ~0~~ ~ Laurence T. Himes, Jf., Esquire ~ Attorney for Plaintiff Supreme Court LD. #19239 By: 2 11 DJJiIIi" :,),,_~_-, '0.",,_"1 '"?''''~''''"~~''',",~'''''',=o" ~ (;'r<'~.'- ",--- -~"'''',.:..-.~:., , ~' -",~" ~'. ~_ ,_ \-,-~_~ N_"_ __..._.,_-", ~~) iS~: t~i!--,- ~f=- :-:::-::;'0.;' ;>'C~ ..",-, (') ,; -~-----" -";_l< t",) :~ >-,) .,. ','.. ~, ;~ 'I.'" . -~-~ - - .~ _-_'____'_"r__ "_ -,,',. ","-" ~' -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff Civil Action vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE NO. 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, September 5, 2001, in the Sheriff's Office, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, at 10:00 a.m., local prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, JEast Pennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No. 09-12-2992- 001A; U5123-3; as more particularly described in Cumberland Connty Record Book 114, page 403. The JUDGMENT under or pursuant to which your property is being sold is docketed to No. 00-5695 Civil Term, in Cumberland County, Pennsylvania. GlUfSF, 1IIMEli, HERROLD, SCH~OMj\NN LLI' ATIORNEYS AT LAw J29EASTMARXETS'rREET YORK,f'ENNSYLVANlA17401 THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: TaEPHONE(717)846-8856 Cheri A. DiStefano .,. ;' ___ """I ~'~I A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by fIling exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court or' Common Pleas of Cumberland County, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013 (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may canse your property to be held to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3116 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may fIle a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. GRII!liT,lIIMEs,HEIlROLD,SCHAIIMANNLLP ATIORNHYSATLAW J29ENlTMAtu:ETSTREET YORK,PENNSVLVANIAJ740J TELEPHONE(7J7)846-8856 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule mnst be attached to the petition. If a specific return 2 ~ GIIIEST,IlIM~HDlROLfl,SCHi\UMANNLLP ATIORN:EYS AT LAw 129EASTMARIOITSTREET YORK,l'ENN5YLVANlA17401 TELEPHONE (717) 846.8856 ~. = - , '-h ,~- "-.--', -- " -'--.,-~,-- "";'0>' ~ '~1 date is desired, such date must be obtained from the Court Administrator's Office, Curnberlimd Connty Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Dated: :5 - I (0 ,2001 'I iI Laurence T. Himes, Ir., Attorney for Plaintiff Supreme Court LD. #19239 3 .~, . '. ' , ,-" '~ j6 . ' DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 - It t, -'>. iII111iC.~~iIlffi:~i;",!:!IIl-J;!i""":"",~!il""'l<1!"'tt>ii;\'[{llH~n~'" ~M , ~H'~ " _~.~, ~~'"'- ,', , ._<~ ~"!lJ!!5l;\riljj '" ~ 'tii. iMiiHliiMl!r II ~F \:'~- ~.?':- I'i'l .c- .- ,> , /~,:,. ~-r -;:: ~ '-- ~ , ~2 ~;- , ,,- .:-;, ]') ""- -~ " 11I~ : -","-,,--" ,"~- i',IC': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/kJa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff Civil Action vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure AFFIDAVIT OF SERVICE PURSUANT TO PA: R.C.P. 3129.2 '11 s..,. . AND NOW, TO WIT, thisCill- day of ~tf ,2001, I, the undersigned, Laurence T. Himes, Ir., Esquire, attorney for Plaintiff, II st ank, f/k/a Dauphin Deposit Bank and Trust Company, do hereby certify that I mailed or caused t bemailed.this date, by regular first-class postage prepaid U.S. mail, a notice of Sheriff's Sale to Creditors, (a copy of which is attached hereto as Exhibit "A"), as follows: Allfrrst Bank 6701 Baymeadow Drive Glen Burnie, Maryland 21060 Dauphin Deposit Bank and Trust Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Himunelstown, Pennsylvania 17036 I hereby certify that notice on the above creditors was mailed by United States Post Office form 3817, (Certificate of Mailing), a copy of which is attached hereto and marked as Exhibit "B". By: GRIEST, HIMES, HERROLD, SCHAUMANN LLP ~-; ;;0 """"'" T. """"" -,..- - "lWre -\:.:, Attorney for Plaintiff Supreme Court LD. #19239 GRlEST,lIIMES,lIKItRoLD, ScHAUMANN LLP ATTORNEYS AT LAW 129EASTMARKETS'TllElIT YORK,PENNSYLVANlAI1401 TELEPIIONE(1I7)S4IN!856 II GRI!'ST, HIM(S, HDtRllLD,SCHAIIMANN 1.1.1' A-rrnRNEYS~TLAW 129EASTM~RKETSTREIIT YORK.Pe<,,",YLVANI~ 17401 TllEI'HoNE(717) 846-88S6 i...~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ALLFIRST BANK, f/kJa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff Civil Action vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Cheri A. DiStefano: Allfirst Bank 6701 Baymeadow Drive Glen Burnie, Maryland 21060 Danphin Deposit Bank and Trnst Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Hurnmelstown, Pennsylvania 17036 You are hereby notified that on Wednesday, September 5,2001, at 10:00 o'clock A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, entered to No. 00-5695 Civil Term, the Sheriff of Cumberland County, Pennsylvania, will expose at Public Sale in the Sheriff's Office in the Court House, City of Carlisle, County of Cumberland, Pennsylvania, the interest in real estate of Cheri A. Distefano located at: 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvaniaj Tax Parcel No. 09-12-2992- 001Aj U5123-3; as more particularly described in Cumberland County Record Book 114, ft. ., A" (;MIEST,HIMES,HEltMOLD,ScnAlFMANNI.LI' AT!ORNEY5ATLAW 129EASTMAMKETSTllfET YORK,I'ENN5YLVANIA 174111 T'ELEPHONE (717) ll46-8856 -"""" .",,,,~ '- , - " -~ <.~ page 403. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of York County on October 5, 2001, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate may be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale. GRIEST, HIMES, HERROLD, SCHAUMANN LLP Date:.5 II!, /01 ,.... '-r__' ..__--.,.", By: Laurence T. Himes, Jr., Esquire Attorney for Plaintiff Supreme Court LD. 19239 2 ~ ,~ ~ ~ -- -'..............:..-. ~lllilat.j , , DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defmed in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 ~i-l~_~~I"" .....i..." _I"~ ~.., ." . , U.S.. POSTAL SERVICE CERTIFICATE OF MAILING MAY~BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: lAll9EMCE T. /.lIliES JR" ESQ. 129 East Market Street York, Pennsylvania 17401 ~ 1D(dJ U.S. POSTAL SERVI E CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl'MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received from: Lft,URENCE llllMCS JR" ES~. 129 East Market Street York, Pennsylvania 17401 ~. ~ r;. o PS Form 3817, Mar. 1989 GPO 1993 0 - 151-051 U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR-INSURANCE-POSTMASTER Received From: LAURENCE 1 HIMES JR., ESQ. 129 East Market Street nil) PS Form 3817, Mar. 1989 GPO 1993 0 - 151-051 ." Affix fee here in stamps k".-;;-~~";;' "' ,'-' ;; 'Il ":'} " ,,; t..C> , ., "~I 'I" f.' 1---, " ~::' L!) ::. [--"''''' c:_.-} C:;r :r: " r. "~~ '. ~' '/ '......,.,,~-,;.,., Affix fee here in stamps ';;-;;'I:'~v,;,,,;(~ '" ~ ,. '" ~ 1..<"".1 ["~I 'OJ " I.() t....' I [;.: '" " LU ;>; 7' ^ u,.. ,__ I.._M_ :... ...."'.....n<> ._~_~-;:;";-;W; '" " <l ,- V. C> ". Lei .. ,. l........ "., " ,,, fI- hi ,- to '>. " :': , o [x. "B" ,," 'i' ~""""'[lHn~lIl~" '" Q~'O 'l~~_,j~B-:J'.;t>A","<if'''-k:i;0"~,,C ,,"'" ~. c ~ ~,_"' "- ^"".. .-." ~I _,~c ~,,"--,<.~~ ~.,~--<. IlL~~-lI " ~<,' ,#,9" "0, (') 0 C 0 iR~ e 'T, OJ ~rJ Z'T', -, :a:: N'j'J::l ~~ I r- Of? - --, ~(j " e50 ~8 ::::1.,. ::J:: ~:d j;~ N '0 - am -, ~ 35 -<: t~ ,-",-,--- --~~" '. ....- - ,",-"".,', 'c" ':"";' . , Allfirst Bank, fi'k/a Dauphin Deposit Bank and Trust Company VS Cheri a. Distefano In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-5695 Civil Term R Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Laurence Himes. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News Auctioneer 30,00 20.00 15.00 .50 1.00 25.66 19.50 15.00 15.00 .97 20.35 20.00 470.00 375.00 10.00 $1037.98 paid by attorney Sworn and subscribed to before me This /'113:: daYO~uA} 20o:L,-A.D.Y,~ fll'h.JI("",ff Prothonotary So Answers: r~ ~""1: #-.AI R Thomas Kline, Sheriff Byqorhf J vi; J-h Real Esta e Deputy LOb e.w.. 3 .')3lYI I~ . f;l.o& .21 ~ r,RI'-l<T,H'MllS,HuROU>,SCIlAUMANNLLI' ATrolUIEYSAT V.W 129EASTMARKETSTl<EET YOllR.PENNSVLVANIAJ7401 TF.I..EPHONE(717)S46.8&56 , ~ ., ~- -- '1.lliL t(Q)f11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPffiN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff Civil Action vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosnre AFFIDAVIT PURSUANT TO RULE 3129.1 Allfrrst Bank, f/k/a Dauphin Deposit Bank and Trust Company, 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 located at 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, EastPennsboro Township, Cumberland County, Pennsylvaniaj Tax Parcel No. 09-12-2992-001Aj U5123-3j as more particularly described in Cumberland County Record Book 114, page 403. 1. Name and address of record Owner(s): Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 2. Name and address of Defendant(s) in the judgment: Cheri A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property: AlIfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company 6701 Baymeadow Drive Glen Burnie, Maryland 21060 I I I I[ ~ '> , GRlf.>T, HI~lES, BUROW, SO\A.UMANN UP ATlORNEYSnTW,W 129 E.-\sr MARKET STIlEfl YORK.I'ENNSYLVA/;IAI7401 TEl.EPHo~E(717)846-8856 ~.'~"~ '" ~ 4. The name and address of last record holder of every mortgage of record: Dauphin Deposit Bank and Trust Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 5. property : Name and address of every other person who has any record lien on this None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Hummelstown, Pennsylvania 17036 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein made are made subject to the penalties of 18 Pa, C.S. ~4904 relating to unsworn falsification to authorities. Dated: 5' /lltJ/Ol GRIEST, HIMES, HERROLD, SCHAUMANN LLP ~0 '----"~ Laurence T. Himes, Jr., Esquire E;: Attorney for Plaintiff Supreme Court LD. #19239 By: 2 I[ ;-. ~ h,J ;;Rl~-r. H'MES, HEIlIlUl,ll.,$<.1IAUMANN U.P ATIORN.ys AT LAW Il<lEAsT MARI'ET$TREET YORK.f'H;N.'VLV"NlA17401 Ta..PlION. (7J7) 846-81156 -~~_""""""..." O' '"' h' . ~~. ~~" ~- ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/kla DAUPHIN DEPOSIT BANK AND TRUST COMPANY, No. 00-5695 Civil Term Plaintiff Civil Action vs CHERI A. DiSTEFANO, Defendant Mortgage Foreclosure NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, September 5, 2001, in the . Sheriff s Office, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, at 10:00 a.m., local prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No. 09-12-2992- 001A; U5123-3; as more particularly described in Cumberland County Record Book 114, page 403. The JUDGMENT under or pursuant to which your property is being sold is docketed to No. 00-5695 Civil Term, in Cumberland County, Pennsylvania. THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: Cheri A. .DiStefano 'I~=~~ " r-' ....' C;Mn~, HIMES. HERROLD, SCH-\r)Il-\NN I-Lr ATTOll!<EY'-\TU.W 129E/lSTMUKETSTREET YO~K.I'EI<~'1>YLVANI-\ 174lJJ TWOl'HONE (717) !\46-~856 ~.. " ._~ .' , ',i_ ~ A SCHEDULE OF DISTRIBUTION, being a list of the persdns, and or governmental or corporate entities or agencies being entitled to 'receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and . municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013 (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3116 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding. paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions, The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order Or rule must be attached to the petition. If a specific return 2 r ..,' r;Il'.B'r.HIMI!'>l.HF.RIWI.D.SCIl..UMANNI.LP ATTOll~EYS"TL..w 129 EAsT MAKKET STREIIT Y(lKK.PENNSYlVANIAI?401 TELE""ON~(7171ll46-11RSn ......'-- L " .' L ~ date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Dated: :5 - l(c ,2001 I Laurence T. Himes, Jr., Esquire Attorney for Plaintiff Supreme Court LD. #19239 3 -~ ~ ~ . ,c ~"'lIl1i t " DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Bu,leson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 ---""'"" - - . .0 WRIT OF EXECUTION and/or AJTA~fiMENT - .. -., .,. ", "1 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-5695 CIVIL 190< TERM CIVIL ACTION - LAW.... TO THE SHERIFF OF Cumberland COUNTY: Allfirst Bank, f/k/a Dauphin Deposit Bank and To satisfy the debt. interest and costs due Trust Canpany PLAINTIFF(S) Cheri A. Distefano, 123 Brian Drive, Unit 123, Building 5, Westwood Village from Condaninium, Enola, PA 17025 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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: lIf1~,Jb notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 ofthe defendant(s) not levied upon an subjectto attachment is found inthe possession of anyone other thana 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 Interest Atty's Comm Atty Paid Plaintiff Paid $79,003.25 $ 1,744.03 % l.l. Due Prolhy Other Cosls $ 50 $1.00 $ 109.92 Date: May 31, 2001 Curtis R. Long Prothonotary, Civil Division ~---r" P. ryM~~t J Deputy ~: Name Address: REQUESTING PARTY: Laurence T. Himes, Jr., Esq. 129 East Market Street York, PA 17401 Attorney for: Plaintiff Telephone: 717-846-8856 Supreme Court 10 No. 19236 ;;;~"c',~,~",.i j ,''''"....~, ,'~~ .~,r .-,n, _t:L,~ '. ~~~~,,_: ":'"," ""..0'0';''--- ,""~'"',~~--,- liIiiiiid-' , REAL ESTATE SALE No. 19 . ---, , ,I i Li :i 'I !, !,i ,i t: j'! Ii Ii " " Ii I, Ii " :i " q " i'i Ii li ;I " iI !I 'I \1 I d'" ~ ~.:::wo I the sheriff levied upon the oetendarH interest in the real property ~ituated in?1......,j t~~ ~nL4ttAl;p Cumberland County. Pa" known iind numbered as: Jdlil;i- R~~J23 .....(l .s ~ and more fUlly ::1escribed on Exhibit "A" filed with e this writ and by this reference incorporated herein. ~ '''e~_5,tJ'OI ByJ!;~~- =_ S'ft't\3d ';l \ ~\ \j ~;\~: ,~! i) ,'\'." "', C' \ ,'c' , ' \\\\t \\11.'1 i. ~ \ \\). \, ,..... ,.5~t\l\~a "f,(,1 ~:' ,il ~~\~ ).1i"~,,c ~".l.' ~~\,,~n- ., ,~,*<", . h__' '. , , >," ,~" - .el' , '.....~...:I REAL ES'l1Aft:8ALE NO. 19 Writ No. 2000,5695 ClvtI AlIfrrst Bank. f/k/a Dauphin Deposit Bank and Trust Company vs. Cheri A DiStefano Atty: Laurence T. Himes. Jr. DESCRIPTION ALL THAT CERTAiN tract of par- cel of land and premises, situate, i lying and being in the Township of East Pennsboro. in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly de- scribed as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condo- minium located in East Pennsboro Township, Cumberland County, Pennsylvania. which has heretofore been submitted to the- provision of the Unit Property Act of Pennsylva, nla. Act of July 3. 1963. P.L. 196. by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Con, dOmlnlum dated January 29. 1975, and recorded January 29. 1975. in Misc. Book 213, Page 283. and amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Village Con- dOminium dated May 28. 1976 and recorded on June 22, 1976, in Misc. Book 222. Page 729. and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condomlnlum dated July 21. 1976. and recorded on July 26. 1976. in Misc. Book 223, Page 343. and a Code of Regulations of West- wood Village Condominium dated January 29. 1975. and recorded on January 27. 1975. in-Misc. ,Book 213, Page 328. and amended by a certain First Amendment to Code of Regulations of Westwood Village Condomlnlum dated May 28. 1976. and recorded on June 22. 1976. in Misc. Book 222, Page 737. and Dec- laration Plan of Westwood Village Con- dOmlnlum dated January 29. 1975. and recorded on January 29, 1975 in Plan &ok 26, 1976;Fage 15, and :..w;;; , ~ ;,,-;,-,,"'- " , amenl1led I>ya 001'!;Ikl FiAot Ameml. ment to DeC!lara1!lliln Plan of Wlost- . wood Village Condominium dated July 21. 1976. and recorded July 26. 1976 in Plan Book 28. Page 72, and being designated on said Dec- laration Plan of Westwood Village Condominium as Unit No. 123. L3 TB in Block #3, Building #5, known as 123 Brian Drive. EnoIa. as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Con- dominium. as the same appears of record as set forth above. including any amendm,ents thereto. TO- GETHER \Vith .a proportionate un- divided interest in the Common El- ement (as defuied in such Declara- tion) of One __and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman. Single Person. and Robert Burleson and Betty J. Burleson. Husband and Wife. (for- merly known as Betty J. Crady). by deed dated the 18th day of Octo- ber. 1994. and recorded in the Of- fice of the Recorder of Deeds in and for Daufuln County, Pennsylvanla. in Record Book li4, Page 403. grant- ed and conveyed WIto Cherie A Di- Stefano. MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3. " '" 'M.-, . "....... ^~ ' _.&;ioO, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Joumal, ofthe County and State aforesaid, being duly sworn, ac?ording to la'Y, 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 \lotices, 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: JULY 20, 27, AUGUST 3,2001 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. ~~ -- Roger . Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ,; NOI'ARIAL' LOIS E. SNYDER.::JPubIIc CaItiIlil8olO, CUll COIIlIY My eu...tlillll,n ExpINI M81d'150 2005 REAL ESTATE SALE No, 19 Writ No. 2000-5695 CivilTerm , . A1lfiffit Bank, IMa 'Oa'uphin ' Deposit Bank and Trust Company v. Cheri A. DiStefano Atty: Lau",p,q;t t Himes, Jr. DEs'f'RIPTlDN ALL THAT CERTAIN tract 'or parcel at" land and premisc::;;:-situace. lying and being in the T()wn~nip , , ofEa~1 Penn~boro, in the C,ounty of Cumberland, and Commonwe.alth of, Penn,>) 1\'311ia, m9TC pariictiliir1)' described a~ folIO\~_~: IDENTlFlED in tht; . Declaration. Plan of W'~twood Villa!!e Condominium located In East Pcnnsboro TOWn~hip, Cumberland CounlY, p~'nns~l\ariia. . wilicll has heretofore been -6ubmitte9, tiJ. the pro\i~ion of the Unit Propeny Act 'of P:cnn~ylvania. Act of July 3, 1963. P.L 1%, by the recording in t~e Office of the R<<:order of Deeds of Cmnberland County of a Declaration Creating and Establishing Weslwood Village Condominium dal.:-d Jaimary' 49, 1975, and recorded January 29, 1975, in Misc. Book 213, r:tge 283, and am{,'t1dL-d by a Cl.'TTain First Amendment " to D~dar.llion Creating. and E~t<lbJishing West1,'JOod Vi1lag~ Condominium da,led May 28, 1976,.llnd recorded on June ~1" r97~^ in Misc. Book 222, Pa!:!c 729, and a Ct,:rtain S\.'con'd Amendment to Declaration Creating and Es.tablbhing WL>;,IWQI'Xl Villag,'" Condominium Oaleo July 21, 1976, :n1d, n.'"Cardcd Oil July 26, !<')76, in Mi~c. Book 223, Page 34\ and a C:tJde of . R-e,g.ublions of Wc:J"wnod Village Cqndominwnt ~ dilled Jimuarv 2Q, 1975, and recorded on Januar\' 17. 1975. in Misc. Book 213, Pagl.: 32g, anJ , 'affieTIl.kd, bv OJ.' certain Fin.1 Amendment to Code of R;.:t!.ularions of Wc~t\l,'otld Village Condominium dated Mav:!K 1976, and record~d (Ill June 22, 1976, in Mi~c. B<J9k 221, Page,?37, una Declaration Plan of Wc:.twood, Vlllagc COiidominium dated January 19, 1975,' and fLi:oroed on Jan!!a!'v 29, 1975 in Plan Book 26, Pilgi: 15, and amended - by a cenain First Amendment to Declam.tion Plan of West- \\'Ood \fi1lagc Condominium llated July:21, 1976; and r~CO'rdcd July 26, 1976 ill Plan Book 28, Page 7:2 rand beiug designated on sai.d Dccbration Plan of WestwOI}d VilIage Condominium as Unit No, T23, L3 TB in Block #3. Building #5, known as 1~1 Brinll Drive, Enola, ,L~ roO1\': fullv dc.~rihed in ~t1ch DcClal'lltion Plan an<1 Dcdnration Creating :.Iod ESlabli:ihing Westwood Vi1!;\gl' COOl.klmlniullI. ih the '>aOle appears of , rt"i:o'rd a~ Sl.'t forth' ab{)\o'~,. 11ll.'luding any 'amci1dmcnts theretO, TOGE:.THER wid1 a pcmkm:tt'-'., UTIlji~hj.;d. interest in the CQn\nH)n ',.-:P ~r~~j~~~d~~ One <lnJ Thrc~ Vi'a~~~iF? r Thousandth Pero.:nt (\ .3+1'(: 1::':" ::: :':,>: ',' ,., : ':. '~~'~;~~~tmW::~,~''1~~~~~i~~i,:'::.. ::~:~~frl~~~'~~:;~U~;:~t'!y~:~~~~y~~~y::::~~~KJ Jaloo tne' 'H~th day ot Ochlber," l,ql)4.: anu . r~ordcd in the mIke' of the. Rc~order of Deed~ in and fOT Dauphin County, Pcnns)'lvama, in . Record Book [14, ?agt 403, grant..:d and conveyed unlO C'h..:rie A. DiStefano. MORTGAGOR HEREIK TAX PARCELW.)!-2992- (JOIN, U5123-3. - # 'lfii' \ ~"" - - ~ ~ -'~~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of I.h.a Patriot-News and The Sundav 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 wtlich is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 24th and 31 st day(s) of July and the 7th day(s) of August 2001. 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 ::',::;,~:"~ m '"~ " ," fu":c~'.mD="".~"t'~~~.'mm COpy Sworn to and is 21st ayof st 2001 A.D. S ALE #19 _rial sea' Teny L. Russell, Notal'/ Hanlsbulll. Dauphin Cou MyCOfllIIIiSSIanE""ru 6. T RY PUBLIC Memt>er, pennsylvania AssOCiation 01 NtI'fllrcommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUR1HOUSE 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 $ 373.50 1.50 375.00 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-N~'(VJ,>and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have. been duly paid. By.................................................................... GRIEST,HIMES,HERROLD,SCIIAlIMANNlLP ATfORNEYS AT LAW 129 EAST MARKET STIlIiliT YORK, PENNSY~VANIA 17401 'fELEPfloNE(717)S46.8856 - - ;. ','~ 1" ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff v. CHERIE A. DiSTEFANO, Defendant ""-.'" ." ",',,'-i,;:^_,"";" "A-,~,:'"~\~;'!,:i,:;81j~j"'i;'_'''~;;i:~ ' '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5695 Civil Term Civil Action Mortgage Foreclosure AFFIDAVIT OF SERVICE PURSUANT TO PA. R.C.P. 3129.2 AND NOW, TO WIT, this 27 aiy of () I I r. I / AT, 2002, I, the undersigned, Laurence T. Himes, Ir., Esquire, attorney for P~nk, f/k1a Dauphin Deposit Bank and Trust Company, do hereby certify that I mailed or caused to bemailed.this date, by regular fIrst-class postage prepaid u.s. mail, a notice of Sheriff's Sale to Creditors, (a copy of which is attached hereto as Exhibit "A"), as follows: AlIfirst Bank 6701 Baymeadow Drive Glen Bumie, Maryland 21060 Dauphin Deposit Bank and Trust Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 East Pennsboro Township Room 103 98 South Enola Drive Enola, Pennsylvania 17025-2796 Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Hurnmelstown, Pennsylvania 17036 1.1 II ~~ GIllEST,HIMES,BERRoLIl, ScUAUMANN LLP AnORNEYS AT LAw 129 EAST MAIlKET STIlEET YORK, PENNSYLVANIA 17401 TELEPHONE(717)S46.8856 , c",_",,,",, ." ~,~, - " ,0 '-<( nod"'_;:"'__; ',',r"i,"";:"',,,:',~.~,'; _ ;>,,~, I hereby certify that notice on the above creditors was mailed by United States Post Office form 3817, (Certificate of Mailing), a copy of which is attached hereto and marked as Exhibit "B". GRIEST, HIMES, HERROLP, SCHAUMANN LLP C--~~-'-~, Laurence T. Himes, Jr., Esquire Attorney for Plaintiff Supreme Court I.D. #19239 By: 2 II il ~ -- ~~ .,--< ALLFlRST BANK, f/kJa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff v. CHERIE A. DiSTEFANO, Defendant " ,', -....;;.,~.~ "' j ~:>..._.iAWti"j'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA No. 00-5695 Civil Term Civil Action Mortgage Foreclosure NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Cherie A. DiStefano: AIIfirst Bank 6701 Baymeadow Drive Glen Burnie, Maryland 21060 Dauphin Deposit Bank and Trust Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 East Pennsboro Township Room 103 98 South Enola Drive Enola, Pennsylvania 17025-2796 Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Hummelstown, Pennsylvania 17036 You are hereby notified that on Wednesday, Decmber 4, 2002, at 10:00 o'clock A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of AllfIrst Bank, f/k/a Dauphin Deposit Bank and Trust Company, entered to No. 00-5695 Civil Term, the Sheriff of Cumberland County, Pennsylvania, will expose at Public Sale in the Sheriff's Office in the Court House, City of Carlisle, County of Cumberland, Pennsylvania, the interest in real estate of Cherie A. Distefano located at: (;RI.Sl. HIMES, HEIUIOUl,SCH~Ulll~N~ U.P ATIORNEYSAlL,,'" 129 EAs-r MARKET SlREET YORK.l1;NNSY~V"NlA 174l1l TEl.EPHC].~EI7t7) &46-8856 - ~\ ( ,-I I "A BIT ;>'.. "-"'r""'" _.J II ''''''-;';, . .,~ ..: .=..u~~, 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland Connty, Pennsylvania; Tax Parcel No. 09-12-2992- 001Aj U5123-3; as more particularly described in Cumberland County Record Book 114, page 403. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate may be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale, By: ~' HERROLD, SCHAUMANN LLP ". '~ j-----, c=/ !:L-~ Laurence T. Himes, Jr., Esquire ~ Attorney for Plaintiff Supreme Court J.D. 19239 ';~lr^'T. H'MES. HERROLD, SClI~U~IM"N I.Lp ATTORNF.YSATL",,. 129E.tsTMARITT5Tllo~7 YORK. PE:'I"'VLVANlA 17~1l1 TEU;PHO"'" Ol7l ll46-8856 2 , ;, -- C- ~ _ ',- , "'" ~ "', DESCRIPTION Prepared by Laurence T. Himes, JI., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Permsboro, in the County of Cumberland, and Commonwealth of Permsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Permsboro Township, Cumberland County, Permsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Permsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc, Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc, Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No, 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Permsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09.12-2992-001A; U5123-3 "",,--...J.;, ~' ioi~Ii",,j,~'_~b__ . , .""~"';'~o .....L~.k' c. " U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY ESE USED FOR DOMESTIC AND INTERNATIONAL MAll. DOES NOT PROVIDE ~OR INSI,JRANCE POSTMASTER Received From: " ! 1>4 J7u31o PS Form 3817, Mar. 1989 U.S. pOSTAL SERVICE CERTIFICATE OF AILING MAY BE USED ,FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIPE FOR INSURANCE POSTMASTER Recelved,From: LAURENCE 129 East Market Slr~et , ennsy vania 17401 L PS Form 3817, Mar. 1989 U.S. pOSTAL SERV CE CERTIFICATE OF AILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT PROVIPE FOR INSURANCE POSTMASTER ReceIved From: LAURENCE T. HIMES JR., ~SQ, YOlk, Pennsylvania 17401 Ill( PS Faron 3817, Mar. 1989 "I \ ;'. . ;\., ~: "I " 'I (' ) !., ! c' :, .) .~J u :' (';") I". I:) F , II " " , I , I , ' "'.'~~~ ~"'>, " I i' , II! r , \ , , " . II::' ";' , :; . --.9 0- ~ Clo ZZ r-- -[fi N J :0 " <e I :i:=' ) 'i u..~ \t1 II O~ N '" !I Z 0 1-0 <~ l- ii V> Q; II !:! ~ffi LU - ;;;: ~ ii 'i !:!: ~1- ro rI I- z., ::x: :l;' i a: o~ ...., .~ WZo- UJ '" Ii (J "'., '" '-' UJ UO :z OJ ,I 1=" UJ 0> lX) [fiJ. 0: N OJ 'I lIJ:!~ ::> ..... - <( uO", -' ~ ~ :> ~~ ::;: ffilt~ e r-: ., - ~e", e - ",We .. lX) ti~u.. ~ '" o WW E D.II1Q 3 (; .,.> ~<e(o . u. '" ::> :!:f (/) 0. ,,,;",'-.0,,,",'01..,",,",,,,;,;1 _"'0, u_, t~JKUHm'le_~~lilffijljHff!liiiMlIDflII&t~I8..ruFll't,."~~,J(_&'.'ltl'fM'i@ru~li , ~ ~ -"'. ,~I~",~~~~<i.il _~L - ..~~ (') <=> 0 C N -n <' J> vt.;:; ..... n1!-1:; c:: -', Z:i:J G') t"-(1:D " :ZC rv ;3e3 (rJ,:t:: <;0 ~L 9<.j r--" ~'--' " ........'",j PC' :x r):TI :z! ::,- C""' 5>0 ':t .,;;;..,." c u ~ -_of <~ ;::) ?O ~ N -< ;~ .- ,j,'o 'j' ""-",,,,;,\ ... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION PRAECIPE FOR WRIT OF EXECUTION ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY : () Confessed Jndgment : (x) Other Plaintiff : File No. 00-5695 Civil Term Defendant : Amount Due $ 79,003,25 , : (Def. J. filed 5/31/01) : Additional interest : through 12/4/02 5,440.63 : Additional late : charges 226.62 : Additional escrow : overdraft 1,497.91 : Additional misc. costs 1,615.82 CHERIE A. DiSTEFANO, TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding fIled pursuant to Act 7 of 1966 a amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No. 09-12-2992-001A; U5123-3; as more particularly described in Cumberland County Record Book 114, Page 403. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant( s) in the possession, custody or control of the said garnishee( s). (indicate) Index this writ against the garnishe(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. --- "h. Date:J -/ Y-P). Signatufe: Print Name: Laurence T. Himes,' Address: 129 East Market Street York, Pennsylvania 17401 Attorney for: Plaintiff Telephone: (717) 846-8856 Supreme Court ID No.: 19236 ****10-Day Notice was mailed to Defendant March 30, 2001 GItJEST, HIMES, HERIlOUl, Sc"~UM~NN UP ATIORNIlYSATLAW J29EAsTMAHKETSTHEEf YORK,PENNSYLVANlAI7401 TELEPIIONEfJ17) 846-8856 "'bt<L... - , ^~-~ -~ . . DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises; situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Co=onwea1th of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc, Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Co=on Element (as defined in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN, TAX PARCEL 09-12-2992-001A; U5123-3 " ~ ---"~.~i,': -'" it,,"'"I- ~jlliiiIJtj'lItiui' "<'-~ ~- "~. -- -..,"-> "~., > ~ ~r;W1__lrl~"","iifu;?~~~ "', - <~< .,Jtiit ~"'~'~'~I:;.Il!ilIti" ~ ~ Jl - " '- '" :--. <:::> "- " ~ c.... "" '-i:: "" "" , , 4:. ~ :o'l :--l V\ f <::> ~ a 'd ~~2 \ , \ :'~ ~ r:, ffi'- '- '" .., L'\ <.\ ~ 1-0 .- ..0 .I:. (' .. ll!tIi ...,__'n """""'~ (') c: ? t:JI~ a"IN';; ~f~~{ (/),... ~(?::- l~~ ~r -<: . a "" .:oa c:::: ~..., (J) o '11 ':~;l} "j,'-r -/{? -~:!~ .'::::~!Iq ~f 55 -< .'"~~ .-.", '- " :", "" '~ ... :i I I , , . ~ GRI!Fl',HIMfS,llEIlROLP,SCIlAUMANNLLP ATIORNEYS AT LAW 129 EAST MAR!<lIT STREET YORK,PENNSYLVANlA17401 TElEPHOIlE(117) 846.8856 , , L '"'-'lIf" .-' ~~ ~", ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 00-5695 Civil Term Civil Action v. CHERIE A. DiSTEFANO, Defendant Mortgage Foreclosure NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, December 4,2002, in the Sheriff's Office, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, at 10:00 a.m., local prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No. 09-12-2992- 001A; U5123-3; as more particularly described in Cumberland County Record Book 114, page 403. The JUDGMENT nnder or pursuant to which your property is being sold is docketed to No. 00-5695 Civil Term, in Cumberland County, Pennsylvania. THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: Cherie A. DiStefano , , -""--'---."0"- ',: c~ - '"" , A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by fIling exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013 (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3116 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. GRlEST, HIMES, HEilROLlI, SCHAUMANN ~LP ATTOl<NEYSATLAW 129EASTM.lIlorrS1JlEET YORK,PeNNSYLVANIAI1401 TaEPHONE (717) 846.S856 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return 2 - GRI"-'IT,lIIMEs,llERROu>.SCIlAUM~NNLLr ATTORNBYS AT LAW 129EIlSTMARXETS1REIIT YORK,PENNSYLV,\NlA17401 TaIWHONE(717)846-8856 ". . - ~, .,,',,0 ',:i~~: date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. By: GRIEST, HIMES, HERROLD, SCHAUMANN LLP ~'~~~-)-D\~ L T H. J E' ~ aurence . nnes, r., squIre Attorney for Plaintiff Supreme Court I.D. #19239 - 3 I uu I = ~. '.~ ~~''''.<" DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of WestWood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Element (as defmed in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 -',-~- .....'..i.....'n' . ""'1lftirm ilimit~ ~,~ '-""lSl~~~-"-~;'J<%""~'A:mi~~m!.%l ~-,~ ~~i_ k' ~~lfoIi!ll'"- <<.... () c: 5f!!~ <>f':': v5~p, F-s: ;:~ ._r ...."''- _.c .0 5f(~? c. ;2 -j ""' flf ':...> f;O c::, f'-.,::. ).:':1. .- 2;':'5 () "0'1 I "':::;,:-n ~~?8 ~~-:ig \~).:G >() biT: ""' 55 -< 0''', ".'" - - . ''dUIlI"" ".~, ~ ,. ~, WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOOO-5695 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due ALLFIRST BANK fJk/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff (s) From CHERIE A. DiSTEFANO 123 BRIAN DRIVE, ENOLA PENNA 17025 (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 property of the defendant(s) uot 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 garoishee(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) lfproperty 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 bim/her that he/she has been added as a garnishee and is enjoined as. above stated. L.L. Amount Due $79,003.25 Interest THROUGH 12/4/02 $5,440.63 Ally's Comm % Due Prothy $1.00 Ally Paid $1,160.40 Other CostsADDlTIONAL LATE CHARGES $$226.62 ADDITIONAL ESCROW OVERDRAFT $1,497.91, ADDITIONAL MISC COSTS $1,615.82 Plaintiff Paid Date: AUGUST 16, 2002 CURTIS R. LONG (Seal) Prothonotary By: ()~ a J't1Ll1.V-' Deputy REQUESTING PARTY: Name LAURENCE T HIMES JR ESQUIRE Address: 129 EAST MARKET STREET, YORK, P A 17401 Attorney for: PLAINTIFF Telephone: (717) 846-8856 Supreme Court ill No. 19236 \,'~ 1..9l~< '."" o "'~ ". , ','''' , ", ~.,' " 'i -~'" . , . ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 00-5695 Civil Term Civil Action v. CHERIE A. DiSTEFANO, Defendant Mortgage Foreclosnre AFFIDAVIT PURSUANT TO RULE 3129.1 Allfrrst Bank, flk/a Dauphin Deposit Bank and Trust Company, 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 located at 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland Connty, Pennsylvania; Tax Parcel No. 09-12-2992-001Aj U5123-3; as more particularly described in Cnmberland County Record Book 114, page 403. 1. Name and address of record Owner(s): Cherie A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 2. Name and address of Defendant(s) in the judgment: Cherie A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property: GRIFS\", HIMES, H~RIKlI.D, SCHAUM"NN LLI' ATf<lRNEYS AT LAw 129 EMrr MARKET STREllT YORK,PENNSYLVANIAI7401 TELEPHONE(7I7j846-8856 Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company 6701 Baymeadow Drive Glen Burnie, Maryland 21060 . . 4. The name and address of last record holder of every mortgage of record: Dauphin Deposit Bank and Trust Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 5. property : Name and address of every other person who has any record lien on this East Pennsboro Township Room 103 98 South Enola Drive Enola, Pennsylvania 17025-2796 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Hummelstown, Pennsylvania 17036 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein made are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. GRIEST, HIMES, HEJUIOLD, SCHAUMANN LLP ATIORNEYS AT LAw J29E,\STMAnKlITSTIlEIT YORK,I'ENNSYLVANlA17401 TELEPHONE (711) 846-8856 By: ~~A~A~NLLP Laurence T. Himes, Jr., Esquire ~ Attorney for Plaintiff Supreme Court LD. #19239 2 lLl- ',-L,,".-- -" -";'i,$",'-,_~,,,,,, ';'I"""_''''_''''~'''"'''~'^_C " 'lilllJ.._-ilIi''''''-''_ ^,,--' '^'I ~B.j}Wf;t~~~i<iI ,-'.~",' "-^-"~,,,, ",-~" ",- ....1 '':~';';';; '-;"" "-_......~ ~, -~ allfu, n c: .~ lJ&: f11!",'-; 2'. 2i:':':.' 0"))> .;::;:' . :..--c.. ....: ~~3 ~ ...:,:. ---' -< :.') (;0 - .,".., . . a ('0 ,bo ,.- G'-) o "1'1 :':',:':' -1'1 "'r -<~:::'il .: ''- :-:.:;(~) .,.!- -" ,~"~ ""!-, 2~~5' ~~ ;~_-I 55 -<: (h I< ., -~,- ~ " - ..&- ~"';"- . COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Allfirst Bank is the grantee the same having been sold to said grantee on the 4th day of Dee A.D., 2002, under and by virtue of a writ Execution issued on the 16th day of August, A.D., 2002. out of the Court of Common Pleas of said County as of Civil Term, 2000 Number 5695, at the suit of Allfirst Bank fica Dauphin Den Bk & Tr Co against Cherie A Distefano is duly recorded in Sheriffs Deed Book No. 255, Page 1678. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this (4-- day of C)Ovrv,,? ' A.D. 2003 ~Y Recorder of Deeds .~". ~ "," v "r flfH Allfirst Bank fi'kla Dauphin Deposit Bank and Trust Company VS Cherie A. DiStefano In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-5695 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 05, 2002 at I :45 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cherie A. DiStefano, by making known unto Nelson Burgos, adult in charge of defendant's residence, at 123 Brian Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2002 at 1:30 o'clock P.M., he posted a true copyofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cherie A. DiStefano located at 123 Brian Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Cherie A. DiStefano, by regular mail to her last known address of 123 Brian Drive, Enola, PA 17025. This letter was mailed under the date of October 1, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Laurence Himes for Allfirst Bank, a Maryland State-Chartered Commercial Bank. It being the highest bid and best price received for the same, Allfirst Bank, a Maryland State-Chartered Commercial Bank of 6701 Baymeadow Drive, Glen Burnie, MD, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $1087.14, it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $ 30.00 21.32 15.00 15.00 30.00 10.00 1.00 20.70 2.07 niOrl.L = . Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed _. j< 4'0"- 15.00 20.00 470.00 347.35 25.20 25.00 39.50 $ 1087.14 paid by attorney 01/08/03 Sworn and subscribed to before me ~#~ This IS ~ day of Q ~ R. Thomas Kline, Sheriff 2003, A.D. Qtl(~ [) "J-u.,'P<v' , ~B~<T~Jmtth P 0 onotary Rea Estat eputy ~ :30- u0 ~ J.lJO Uz.. 3'j 39'0 ~. /;5.7(, t.3 l;R]"-'<T.HIMEli.HERRl]LD.,SCHAL')oU..~SLLP ATIOIlNEYSATLAW 129EAsTMARKETSTltEET YORK.l'EN~snVANlA 17401 TELEPHo.'. I7I7l 846-88S6 "Ii'-~ "'""'" --" ~-"" (C(Q)if5J)f ALLFIRST BANK, f/k1a DAUPHIN DEPOSIT BANK AND ,TRUST COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 00-5695 Civil Term Civil Action v. CHERIE A. DiSTEFANO, Defendant Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, 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 located at 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No. 09-12-2992-001A; U5123-3; as more particularly described in Cumberland County Record Book 114, page 403. 1. Name and address of record Owner(s): Cherie A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 2. Name and address of Defendant(s) in the judgment: Cherie A. DiStefano 123 Brian Drive Enola, Pennsylvania 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property: AllfIrst Bank, f/k/a Dauphin Deposit Bank and Trust Company 6701 Baymeadow Drive Glen Burnie, Maryland 21060 , I, 'I -~~ (;RJf_''T.HI''IE!;.H~RROLl).ScIlAl.fMANNLLP ,-\TTORN~YSAr LAW 129 EAsr MMlKETSTIlElIT YORK.I'EJ<NSYLVANlAI74fil TELEPHON~(7t71 &4b-B856 ~ Il~;- ~ - - ._, 4. The name and address of last record holder of every mortgage of record: Dauphin Deposit Bank and Trust Company P.O. Box 4644 Harrisburg, Pennsylvania 17111 5. property : Name and address of every other person who has any record lien on this East Pennsboro Township Room 103 98 South Enola Drive Enola, Pennsylvania 17025-2796 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Westwood Village Condominium Property Owners Association c/o Rhoads Property Management Co. P.O. Box 233 Hummelstown, Pennsylvania 17036 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein made are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. By: ?~~~AU~ANNLLP Laurence T. Himes, Jr., Esquire ~ Attorney for Plaintiff Supreme Court I.D. #19239 2 ,[ I ., " '\ {;NU~''T,HIMES.lb;lUIflLD.SCHAUMA.~S U-I' ATTOilNEYSAT L\w 129 EMIT MANKETSTREET YORI'.I'ENNSYLVANIA 17~OI TELEPHONEI717) ll-lb-3~56 '~-"i I ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND . TRUST COMPANY, : ml~COMMON PLEAS : F COUNTY, : ~A Plaintiff No. 00-5695 Civil Term Civil Action v. CHERIE A. DiSTEFANO, Defendant Mortgage Foreclosure NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held on Wednesday, December 4,2002, in the Sheriff's Office, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, at 10:00 a.m., local prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 123 Brian Drive, Unit 123, Building 5, Westwood Village Condominium, Enola, East Pennsboro Township, Cumberland County, Pennsylvania; Tax Parcel No. 09-12-2992- 001A; U5123-3; as more particularly described in Cumberland County Record Book 114, page 403. The JUDGMENT under or pursuant to which your property is being sold is docketed to No. 00-5695 Civil Term, in Cumberland County, Pennsylvania. THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: Cherie A. DiStefano ':' ill!! , ';Nlf.'" Hl~lES. HERROI.ll, SC"AUMM'" UP ATIDiU'iEVSAT uW 1~9E.\5TMAIlKETSl1!a, YORl(.I'E.'1NSYLVANIAI7401 TELE.PHO"lE (717l 846-M856 1Il~' ~ -'--~ ._ c'''. "~''';,' A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale ,received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by fIling exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013 (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held to be sold 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3116 or (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return I I I 'I II Ii 2 ""~~ , . ';MIF_~"'.HIM....HIRROtD,S<:HAUMANNU.l' ATIOlL~EYS AT LAw 129 E-".,. MARKET S11lEET YORK.f>E.'~SYLVAJ<I^ 174m Tl;LEffiO~E'717) !l46-~856 ,,--;> date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. By: GRIEST, HIMES, HERROLD, SCHAUMANN LLP ~---",:r~-~ 0 l,-~ Laurence T. Himes, Jr., Esquire Attorney for Plaintiff Supreme Court I.D. #19239 3 ;;- - "-~ c DESCRIPTION Prepared by Laurence T. Himes, Jr., Esquire ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of PennSylvania, more particularly described as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provision of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 27, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan Book 28, Page 72 and being desiguated on said Declaration Plan of Westwood Village Condominium as Unit No. 123, L3 TB in Block #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportiouate undivided interest in the Common Element (as defined in such Declaration) of One and Three Hundred Forty-four Thousandth Percent (1.344%). BEING the same premises which Mark W. Heckman, Single Person, and Robert Burleson and Betty J. Burleson, Husband and Wife, (formerly known as Betty J. Crady), by deed dated the 18th day of October, 1994, and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 114, Page 403, granted and conveyed unto Cherie A. DiStefano, MORTGAGOR HEREIN. TAX PARCEL 09-12-2992-001A; U5123-3 'liiJ - ,-~ _.- _.L~ ~ . ."~, ' ,& \iIi'" - ~':' , , WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOOO-5695 Civil CNIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK flkla DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff (s) From CHEIDE A. DiSTEFANO 123 BRIAN DRIVE, ENOLA PENNA 17025 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCIDPTION. (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) Ifproperty 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 bim/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $79,003.25 Interest THROUGH 12/4/02 $5,440.63 Ally's Comm % Due Prothy $1.00 Ally Paid $1,160.40 Other CostsADDITIONAL LATE CHARGES $$226.62 ADDITIONAL ESCROW OVERDRAFT $1,497.91, ADDITIONAL MISC COSTS $1,615.82 Plaintiff Paid L.L. Date: AUGUST 16, 2002 CURTIS R. LONG (Seal) Prothonotary By: q.~ a.YLd1..l>-/ Deputy REQUESTING PARTY: Name LAURENCE T HIMES JR ESQUIRE Address: 129 EAST MARKET STREET, YORK, P A 17401 Attorney for: PLAINTIFF Telephone: (717) 846-8856 Supreme Court ill No. 19236 ~8il~~~o'W~r&'!Jl*~~1ffi1i@0l~'~~lli':.~I:'il.",-.jJ!i)i~~;h*'''!ti~W1il~..R~i1;'il0~~~~~-U,ilHtll._;llt:iii:tJ' "lll.lU _m'.i-~'~-"!;I!l!~'. u, i;.~ >- ~;i~ Real Estate Sale # 12 On August 29,2002 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A lmown and numbered as 123 Brian Drive, Enola more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 29,2002 By0cciy~ Real Estate Deputy C2'.;i ~";':;; .~ ,_. c" , ' . .~ .~ C::::::i G?> Iiiiil . ~- . -~ ~,~ " , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe 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 25, NOVEMBER I, 8, 20Q2 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. SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER. 2002 NOTARIAL SEA!.. LOIS E. SNYDER, Nolaly Public Canis!!) Ecro, C"mllOOll11l1 County . My Coimllillwll Ell,i}!fSlI MaIch 5. 2005 ~~ J"."'",: - - i, ,'-", ~.'~:t.."'-U \,.:U: ~ ,':-.' '~U li'.fJ ,; J 1--" -Y~ ,~, REAL ESTATE SALE NO. 12 Writ No. 2000-5695 Civil Allfrrst Bank. Uk/ a Dauphin Deposit Bank and Trust Company vs. Cherie A. DiStefano Atty.: Laurence T. Himes DESCRIPTION ALL THAT CERTAIN tract of par- cel of land and premises. situate. lying and being in the Township of East Pennsboro. in the County of Cumberland, and Conunonwealth of Pennsylvania. more particularly de- scribed as follows: IDENTIFIED in the Declaration Plan of Westwood Village Condo- minium located in East Pennsboro Township, Cumberland County. Pennsylvania. which has heretofore been submitted to the provision of the Unit Property Act of Pennsylva- nia. Act of July 3. 1963. P.L. 196. by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration Creating and Establishing Westwood Village Con- dominium dated January 29. 1975. and recorded January 29. 1975. in Misc. Book 213, Page 283. and amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Village Con- dominium dated May 28. 1976. and recorded on June 22, 1976, in Misc. Book 222. Page 729. and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21. 1976, and recorded on July 26. 1976. In Misc. Book 223. Page 343. and a Code of Regulations of West- wood VUlage Condominium dated JanuaJy 29. 1975. and recorded on January 27. 1975. in Misc. Book 213. Page 328. and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28. 1976. and recorded on June 22, 1976, in Mtsc. Book 222. Page 737. and Dec- laration Plan of Westwood Village Con- dominium dated January 29. 1975. and recorded on January 29, 1975 in Plan Book 26. Page 15. and amended by a certain First Amend- ment to Declaration Plan of West- wood Village Condominium dated July 21. 1976. and recorded July 26. 1976 in Plan Book 28. Page 72 and being designated on said Dec- laration Plan of Westwood Village Condominium as Unit No. 123. L3 TB In Block #3. BuUding #5. Imown as 123 Brian Drive, Enala. as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Con- e dominium, as the same appearsj_of , rth above. Inclullllng record "" set ,0 . . TO. GE'TH- --1-.-....t8 thereto. any aroenuu~"""~. divided ER with a proportionat~~ent (as interest in the C~ationl of One defined in such ede;'orty_fourThou- and Three Hundr 0 sandth Percent 11.344i-b). hlch th e premises w BEING e sam Single Person. Mark W. Hec~~n and Betty J. and Robert Bur d W"e (for- H shand an ll' . "Burleson. U Betty J Crady). by 1 Imown as . b mer Y 18th day of Octo er. deed dated the d d in the Office of 1994, and recorf ~eeds in and for the Recorder 0 Pennsylvania. in Dauphin County. 403 grant- Record Book 114d p~~o Cherie A. ed and conveye AGOR HEREiN. DIStefano. MORL'lU09_12_2992-00 lA; TAX PARCE U5123-3. .~EJ\CESrATE S"ALCNo;'T2. Writ No. 2/100..5695 Civil Term Allllrst Bank IlkIa p~~,phln Deposit Bank ,and Tr:ust Company .. ,V.l';. ... "'-Cherle A. DIStefano , Atty: lau,rence T. Himes DESCRlPTION ',:'AtL.:THAT CERTAIN tract of land and premises, ,situate, lying and,bcing"in the Township of Ea~t ,_ :',?:ennsboro,,in the County of Cumberland, and . ::::<;,o)iiiuonwealtb of Pennsylvania, more :"parucularly described as follows: ::'IDEI\llFlED : in the Declaration Plan of "Wesiwood Village Condominium located in East ,penrn;boto Township, Cumberland County, Pciiri'SylvaiJia, which has heretofo1e been I' submitted_to the provision of the Unit Property Act of Pennsylvania, Act of July 3, [963, P.L. "196, by the recording in the Oft1ce of the Recorder' of Deeds of Cumberland County of a : Dedaration Creating and Establishing We,twood "Vil1age CondominillID dated January 29, 1915, and reco.rded January 29" 1975, in Misc, Book 213, Page. 283, anG amended by a certain First_ Amendment to, Declaration Creating and ;'~,1ZsJ.abJishJns "WeMW(X1d" -'y~lag~ " C;::ondorninil.1m- , ,. fjated May ,~,:,..f.~.7.6,; )~~. iicQid~4 on June 22, 'I'~16,jn Mise: Book,:?22, ,~ze729, and a certain :' ::S,~~diril Amendment 'to P\=I;J,a.tiltibh ,C~liqg'and '~blishing:, .weitWdb~, Village "Qindom.inium i :':d.ated JUlY 21, 1976, and recorded on July :26. 197n. in Misc. Book 223, Page 343, and a Code of . 1 Regulation} of WestwoQd Village Condonp.n.ium dated Jmuary 29, 1975, and recorded on Janu1lry 27. 1975, in MlSC. Book 213. Page 32B, and amended by' a ce'rtain FlIStAri1endment to Code of Regulations of Westwood Village Condominium dated May 28, [976, and , recorded on June 22, 1976, in Misc, Blpk 222, Page 737, and Declaration 'Plan, of Westwood Vlllage <:O'l1dominium dated January 29, 1975, and recorded on Janu~{~ 29, 1975 in Plan B_ook 26, nlgc 15, and ari:ended oy a .xrta1n rU'St Amendment to Declaration Plan of West. wO\ld Village Condominium dated July 21, 1976, and recorded July 26, 1976 in Plan_ Book 28, Page 72 and being de;ignated on said Declaration Plan of, Westwood Village Condominium as Unit No. 123, L3 TB in Bk1Dk #3, Building #5, known as 123 Brian Drive, Enola, as more fully described in such Declaration Plan and Declaration Creating aIld Establishing Westwood Vm,age Cundominiurn, as tbe same appears of record as set forth above, induding any amendments thereto, TOGETHER with a' proportionate" lmdivided intere5t in the Common Element (a~ defined'in such D;claratlon) of One aud Three HUndred Porty;~our, Thousandth Percent (1.344%). :... . . BEING the sam,," p~ises which Mark W, Heckman, Single ~%qOn, and Robert Burleson :and Betty J. BUrl'~OD, Husband and Wife. (ronnedy known a~ Betty J. Crady), by deed dated the [8th day of October, 1994, and recoroed in the Office of the R~rder of Deeds in and for Dauphin County, Pennsylvania, in Record Book t i4, Pag~ 403, granted and conveyed tWo Cherie , A. DiStefano, MORTGAGOR HERE:IN. '_5&UbRCEL99_~IJ:222.2~~;U51~3.3._ ~. - "~'L,~ '"~- =-- &l!ll~',J;t;"}, . .~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler 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~ Sundav 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 andlor Sundayl Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. 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. PUBLICATtON COPY S ALE #12 Notarial Seal Teny L. Russell, Notary Public City Of Hanisburg, DaUphin County My Commission Expires June 6, 2006 Member. Pennsylvania AssocIatiOn OfNolanes Y 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 $ 345.60 1.75 347.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the atoresaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... H[lJllf., ~!ffi~!8r~_l~_ilJ~kiU*lfill~~~~^ __~ ,~,,",. ._"~.";,~,, _".R <'" ~~ ,',' ",:1,-, ""^. w.~ ~" -~~ .,",,~ ~,~~ ~"" . ~'.~"~ LS -fM-- -~' . ., .