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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. DO - 7l. 'iY (l,"u; L '7-~
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
TO: RAY E. NESS, JR., and
DEBRA D. NESS, Defendants:
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 complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested
by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone No: ,(717) 24~-3166
'(800) 990-9108
NOTICIA
Le han demandado a usted en la corte. si used quiere
defenderse deestas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda v la
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notificacion. Usted debe presentar una apariencia escrita 0 en
persone 0 per abogado y archivar en la corte en forma escrite sus
defensas 0 sus objeciones alas demanda en contra de su persona.
Sea avisado que si usted no se defieade, lacorte torara medicas y
puede entra una orden contra usted sin previo aviso 0 notificacion
y por cualquier queja 0 alivio que pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DO PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION
SE ENCUENTR ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone No: (717) 249-3166
(800) 990-9108
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. IJ1J - nq<( (!u;J. I~
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
COMPLAINT
1. Plaintiff, COMMUNITY BANKS, N.A., is a corporation
organized and existing under the laws of the United States of
America, with offices located in Millersburg, Dauphin County,
Pennsylvania, brings this suit to foreclose a Mortgage and Bond,
dated June 2, 1997, between RAY E. NESS, JR. and DEBRA D. NESS, his
wife, Mortgagors, and COMMUNITY BANKS, N.A., Mortgagee, which
Mortgage is recorded in Record Book 1386, Page 200, Dauphin County
Records. A copy of said Mortgage and Bond are attached hereto as
Exhibit "A".
2. The premises which is subject to said Mortgage is situate
at 913 Apple Drive, Mechanicsburg Borough, Cumberland County,
Mechanicsburg, Pennsylvania, 17055, which is more fully described
in Exhibit "B", attached hereto and made a part hereof.
3. Defendant, RAY E. NESS, JR., is an adult individual whose
last
known residence address
is
12A S.
Market
Street,
Mechanicsburg, Cumberland County, Pennsylvania, 17055, and said
Defendant remains one of the real owners of the premises set forth
in Exhibit "B", herein.
4. Defendant, DEBRA D. NESS, is an adult individual whose
last known residence address is 12A S. Market St., Mechanicsburg,
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Cumberland County, Pennsylvania, 17055, and said Defendant remains
one of the real owners of the premises set forth in Exhibit "B",
herein.
5. The said mortgage has been assigned Zero (0) times so
that ownership of said mortgage is now vested in COMMUNITY BANKS,
N.A., the Plaintiff herein.
6. plaintiff forwarded to Defendants, under date of
September 30, 1999, Notice pursuant to the provisions of Act No. 91
of 1983, the home-owners emergency assistance statute, which Notice
contained certain time limitations established by the Act. Copies
of said Notice are attached hereto, marked Exhibit "C", and made a
part hereof.
7. Defendants never applied for assistance through the
Pennsylvania Housing Finance Agency a Statement of Credit Denial,
Termination or Change.
8. The said Mortgage is in 'default due to the fact that the
Defendants did not make the instk11ment mortgage payment due on
July 6, 1999, and thereafter to date,so that the following amounts
have accrued under the terms of the said mortgage:
a. Unpaid Principal Balance
$ 92,486.85
b. Accrued Late charges . .
$ 570.74
c. Interest (196 days at $22.75/day).
$ 4,847.37
d. Escrow .
$
459.48
e. Attorney's commission of 10% as set
TOTAL DUE:
$ 9,248.70
$107,613.14
forth in Mortgage
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9. Plaintiff avers that Notices of Intention to Foreclose
Mortgage were sent to the Defendants on September 30, 1999, at the
addresses herein-above set forth, a copy of said Notice is
contained within the Act 91 Notice, see attached hereto as Exhibit
"C", which is hereby made a part hereof; but notwithstanding the
giving of said Notice, the Defendant has failed and refused to
reinstate the said Mortgage or to otherwise cure the said Mortgage
Default, hence this suit is commenced.
WHEREFORE, Plaintiff demands Judgment in favor of Plaintiff
and against the named Defendants in the amount of $107,613.14; all
interest and charges which may accrue against the named Defendants
herein under the terms of the said Mortgage after September 30,
1999, all costs of this proceeding, and for the foreclosure and
sale of the Mortgage premises as described in Exhibit "A", herein.
SHAFFER & ENGLE LAW OFFICES
DATE: /#J~~
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'?oeERT P. ZIEGLEr-' "
RECORDER OF OEEDS
CUM BERLAND COUNTY - PA
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'97 JUN .Jf PrI 2 3~
Parcel Number: 23-561-12
[Spa.. Above This Line 'For Retording Data]
MORTGAGE.
THIS MORTGAGE ("Security Instrument") is given on
Ray E. Hess, Jr. and Debra D. Ness,
JUNl!: 2, 1997
. The mortgagor is
("Borrower"). This Security Instrument is given to COMMtlllIn BANKS, N. A.
,
which is organized and eXisting under the laws of ~ UNITED S:rATES OF AMERI CA , and whose
address is 150 MARltF.r SQUARE, MILLERSBURG, PA 17061
. . ("Lender"). Borrower owes Lender the principal sum of
HInn-FIVE 'rBOUSAHD :rwo B1lHDRE:D FInY AND NO/I00
. Dollars (U.S. $ 95,250.00 ).
This ,debt is' evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides
formonthlypayments;'with the full debt, if not paid earlier, due and payable on JUNE 2, 2017 " .
This Security InstrUment secures to Le'rider: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under
paragraph 7 to 'protect the security 'of "this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey
to Lender the following described property located in Cumberland County, Pennsylvania:
~SEE A~CBED LEGAL DESCRIP:rION"
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which has the address of 913 Apple Drive, Mechanicsburg
Pennsylvania 17055 I", . [Zip Code] ("Property Address");
[Street. City].
~NSYI.VANIA.Sing\e Femilv..fNMAII'HLMC UNI
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4
.7291
DOl 937-3799
Form 3039 9/90
Amended 5/91
EXHIBIT
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. 1J....H...1 J. .l./o..,.J, YV 1.1 n au we ~ml ,'~'. ~ments nOW or herea1f.er erected, on the prL. _yo ~.nC. a,J..l easements, appurtenances,
and fooures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property:'
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record. , ,
THIS SECURITY INSTRUMENT combines uniform'covenants for national use and non,uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Leader on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly
taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold
payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood
insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to
Lender, in accordance with the provisions of paragraph 8,.in lieu of the payment of mortgage insurance premiums. These
items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real
Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U .S.c. Section 2601 et seq. ("RESP A"), unless
another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an
amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits
Lender to make such a charge. However, Lender may require Borrower to pay a one,time charge for an independent real
estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an
agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest
or earnings on the Funds. Borrower and Lender may agree in writing, however. that interest shall be paid on the Funds.
Lender shall give 10 Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds
and the purpose for which each debit tei the Funds was made. The Funds are pledged as additional security for all sums
secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such
case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in
nO more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under
paragraph 2; tbird, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrumelit, and leasehold payments or ground rents, if any. Borrower shall pay
these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time
directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the
payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith
the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent
the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain
priority over this Security Instr.u!"ent. Len~er may give Bo~rower a notice identifying the lien. Borrower shall satisfy the lien
or take one or more of the a~tioiis set fortli aboVe within 10 days of the giving of notice.
.. -6RIPAI'.4,ol.O, 201 Form 303!l, -9/90
.. ~ PA3039 {2/27/99I 'P... 2 ,,," Bood386 PAGE'
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, . 5. l~zard or l70perty Insurance. O:ower shall keep the improvements now Ii 'ng or hereafter erected on the
.- Property IDsu~e.d agaJI1St loss by fire, hazar...; mcluded within- the term 'extended coverage- and any other hazar.lJs incluiling
f1o~ds or flooding, for which Lender requires insurance. this insurance shall be maintained in the amounts ~d for the
penods that.Lender requires. The insurance. carrier providing the insurance shall be chosen by Borrower subject to Lender's
approv~l w~ch shall ~ot be unreasonably WIthheld. I~ Bo,,:ower fails to maintain coverage described above, Lender may, at
Lender s .opuon, obt~ ~overage to protect Lender's rights 10 the Property in accordance with paragraph 7.
All msur~ce poliCIes and re~e~als shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall ~ave th~ right to hold the poli~es and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts
of paid premiums and renewal oolIces. In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of
the Property damaged, if the restoration or repair is economicaIly feasible and Lender's security is not lessened. If the
restoration or repair is not economicaIly feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether 'or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sums secured by this Security Instrument, whether or not then due. The JO-day period will begin when
the notice'is given. ,
Unl~ss Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution
of this Se6mty Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year
after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or
unless extenuating circumstances exist which are beyond Borrower's, control. Borrower shall not destroy, damage or impair
the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any
forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in
forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security
interest. Borrower may cure such a, default and reinstate, as provided in paragraph 18, by causing the action or proceeding to
be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the
Property or other lDaterial impairment of the lien created by this Security Instrument or Lender's security interest. Borrower
shall also be in default if Borrower, during the loan 'application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by
the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal
residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in
writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained
in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as
a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do
and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions
may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this
paragraph 7, Lender does not have'to do so. .
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by thIS
security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment. .
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by thIS
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borr?wer shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously 10 effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage
insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to
Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when t~e
insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve m
,BooK1386rAGE 202
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available and is obt.ined.. Borrower shan pay t,':1e premiums required to maintain mortgage insurance in effect, or tei provide a
loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower
and Lender or applicable law.
9. Inspection. Lender or its ~ent may make reasooable eotries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds pf anY, award or claim for damages, direct or consequential; in connection with any
condemn,ation or other taking of any part.of the 'Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a lotal taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before Ihe taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the
Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the taking is less than the amount of the sumS
secured immediately before the taking, unless Borrower 'and Lender oth,erwise agree in writing or unless applicable law
otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are
then due.
H the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required
to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
Borrower's successors' in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or
preclude the exercise of any right or remedy.
. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and beoefit the suceessors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interesl in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay tbe
sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify,
forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent. ..
13. Loan Charges. If tbe loan secured by this Security Instrument- is subject'to a law whicb sets'maximum loan charges.
and that law is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Leoder may choose to make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower. If a refund reduces principal; the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any ootice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to Ihe Properry
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first c:lass mail
to Lender's address stated herein or any other address Lender designales by notice to Borrower. Any notice provided for in
this Security InstrUinent shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15, Governing LaW; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can
be given effect without the conflicting provision. To this eoe! the' provisions of this Security Instrument and the Note are
declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
.. -6RlPA) ,0"01.D1
.. PA3039 12/27/961
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Form 3039 9/90
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sOld pr, transfe{l'ed (or if a beneficIal mterest m Borrower lS.sold or transferred and Borrower IS not a natural persbn) witliout
Lend~r's prior written consent, I;-ende~ may, at its option; require immediate payment in full of all sums secured by this
Secunty I~strum~nt. However, thIS optIon shall not be exercised by Lender if exercise is prohibited by federal law as of the
date oC thIS Secunty Instrument.
If Lender exercises this option, Lend~rs~all ~ve Borrowe~ noti~e ?f acceleration. The notice shall provide a period of
not le~ than 30 days from the date ~e nollce IS dehvered or mailed Within which Borrower must pay all sums secured by this
SecurI~y Instru!llent. If ~orrowe: fails to pay t~ese sums prior to the expiration of this period, Leoder may invoke any
remedies permItted by this Secunty Instrument Without further notice or demand on Borrower.
18. BOlTower's Right to Reinstate. If Borrower meets certain conditions Borrower shall have the right to have
enfo~cement of this SecUf'ity Instt;lment discontinued at any time prior to the eartier of: (a) 5 days (or such other period as
apph~able law may specify for remsta!ement) before sale of the Property pursuant to any power of sale contained in this
SecurIty Instrument; or (b) entry of a Judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b ~ cur~ any default o,f ~y other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instr~menl, mcIuding, but oot limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably
require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay
the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security
Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of aceeleration under paragraph 17.
19. Sale of Note; Cbange of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the 'Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also
may be one or more chanl!es of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given wnlten notice of the change in accordance with paragraph 14 above and applicable law. The notice
will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
also contain any other information required by applicable law,
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to
normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender \Vrilten notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual kIiowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph ZO, 'Hazardous Substances' are those substances defioed as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or enviionmental protection.
NON-UNIFORM COVENANTS. BOlTower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give .notice ,to Borrower prior to ~cceleration following BOlTower's b~ch of
any covenant o~ agreement in this Security Instrument (but not prior to acceleration under paragraph 17 u~less app!u:ahle
law p~ovides otherwise). Lender shall notify BOlTOwer of, among other things: (a) the default; (b) the action reqUired to
cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreClosure by judicial proceeding and sale of the Property.
Lender shall further inform BOlTower of the right to ~instate afte~ acceleration and the right to assert in the foreclosu';l
proceeding the non-existei1ce ora default or any other defense of.Borrower to acceleration and foreclosure. If th~ default. IS
not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by thiS Secunty
Instrument without further demand and may foreclose this Security Instrume~t by judicial pro~eedin.ll' Lender s~al! be
entitled to collect all expenses incurred in pursuing the remedies provided in thIS paragraph 21, IDcluding, but not limited
to. attorneys' fees and costs of title evidence to the extent permitted by applicable law.
22. Release. Upon payment of all. sums secured by this Security Instrume~t, this Securitr, Instr~ent ~d the estate
conveyed shall terminate and become VOId. After such occurrence, Lender shall discharge and satISfy thIS Securlly Instrument
without charge to Borrower. Borrower shall pay any recordation costs. .
23. Waivers. Borrower, to the extent permitted by applica.ble law, waives and releases any error ~r. defects 11\
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or li;tture laws proVldmg for stay
of execution, extension of time, exemption from attachment, levy and sale, and homestead exempUon. .
24. Reinstatement Period. Borrower's lime to reinstate provided in paragraph 18 shall extend to ooe hour pnor to the
commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. .
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acqUIre
title to the Property, this Security Instrument shall be a purchase money mortgage. .,
26. Interest Rate Arter Judgment. Borrower agrees that the interest .rate payable after a Judgment IS entered on the
Note or in an action of mortgage foreclosure shall be the rate payable from tune to tIme under the Note.
G .6RIPA) 194101.01
'" PA3039 12/27/'.1
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Form 3039 9/90
'''' "" BooKi3S6 PAGE 204
1.7. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall l1IIlend and
supplement the covenants and agreements of this Security Instrument as if the rider( s) were a pari of this Security
Instrument.
[Check applicablebox(es)]
o Adjustable Rate Rider
o Graduated Payment Rider ,
D Balloon'Rider
o VA Rider
o Condominium Rider
o Planned Unil Development
o Rider Rate Improvement Rider
o Other(s) [specify]
01-4 Family Rider
o Biweekly Payment Rider
o Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument
and in any rider(s) executed by BQ.rrower and recorded with it.
Witnesses:
Jr~~
Ra ,Ness J. ' .
6611 a1em Park Circle
Mechanicsburg, PA 17055
~Or1~
ra . _, es-s
6611 Salem Park Circle
Mechanicsburg, PA 17055
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Certilicate of Residence
I,
the within-named Mortgagee is
.qts:J
, do hereby certify that the correct address of
Il1Acz~1''Ca. I Vlit}L.U;e'CB{.I<<<Pt ?-G, 17~)
day of JUNc; , l~.
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IfI ' Agent of Mortgagee
~W
, Witness my hand this
<t;>/VO
. nUe of Officer
~is instrument prepared by: COMMllJrITYIlAHItS, N.A.
. -6RIPAII14'OI.OI
~ PA3039 (l!%T/OfI)
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BOOK1386 PAGE 205
Form 3039 9/90
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ALL THAT CERTAIN piece or parcel of land situate in the
Borough of Mechanicsburg, County of Cumberland and State of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as
shown on the hereinafter mentioned Plan of Lots at the dividing
line between Lots No. 11 and 12 thereon; thence by the dividing
line between Lots No. 11 and 12, North 9 degrees 50 minutes West
one hundred eighty-eight and seventy-four one-hundredths (188.74)
feet to a point; thence North 80 degrees 10 minutes East seventy-
five (75) feet to a pOint; thence South 9 degrees 50 minutes East
one hundred seventy-five and eighty-two one-hundredths (175.82)
feet to a point on the northern line of Apple Drive; thence by the
northern line of Apple Drive, South 70 degrees 24 minutes West,
seventy-six and ten one-hundredths (76.10) feet to a point, the
place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard
Crest, Sections I-A and 1-C" which Plan is of record in Plan Book
10 , Pagel, cumberla~d. County:records.
HAVING THEREON'ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING THE SAME PREMISES which Richard A. Shepps and Joan S.
Shepps, his wife, by deed dated April 20, 1981, and recorded in the
Cumberland County Recorder's Office in Deed Book "J", Volume 29,
Page 434, granted and conveyed unto John H. Klingler and Doreen M.
Klingler, his wife.
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EXHIBIT
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BOOK1386PAGE 206
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MORTGAGE BOND
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KNOW ALL MEN BY THESE PRESENTS that Ray E. Ness, Jr. and
Debra D. Ness, his wife, of 6611 Salem Park Circle,
Mechanicsburg, Pennsylvania 17055, known hereafter individually
and collectively as OBLIGORS, are held and firmly bound};1nto
COMMUNITY BANKS, N .A., a corporation duly organized, incorporated....'
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and now existing under and in accordance with the laws of the
United States of America, with its principal place of business .at
150 Market Square, Millersburg, Pennsylvania 17061, OBLIGEE, in
the sum of NINETY FIVE THOUSAND TWO HUNDRED FIFTY($95,250.00)
DOLLARSr lawful money to be paid to the said Obligee, it
successors or assigns. To which payrnentr well and truly to be
made, Obligors do bind themselvesr their heirs, executors and
administrators, and each and every of themr firmly by these~ ~
presents. ,.
Sealed with their sealsr dated the 2nd day of June, in the.
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year of our Lord, Nineteen Hundred and Ninety-Seven (1997).
THE CONDITION OF THIS OBLIGATION IS SUCH that the said
Obligors' heirsr executors or administrators shall and do well
and truly pay, or cause to be paid unto the said Obligeer its
Successors or assigns, the sum of NINETY FIVE THOUSAND TWO
HUNDRED FIFTY ($95,250.00) DOLLARS, like lawful money of the
United States of Americar payable within TWENTY (20) YEARS.
Interest will be charged on the unpaid principal balance,..until
the full amount of principal has been paid. Obligors will pay
interest at an annual rate of EIGHT AND SIXTY ONE HUNDREDTHS
(8.61%) PERCENT. The interest rate will change as described
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below in the Bond.
The interest rate required to be paid initially, or after
any change, is the rate Obligors will pay both before and after
any default described below.
Obligors will pay principal and interest by making payments
every month. Obligors will make monthly payments on the 2nd
day of each month beginning July 2, 1997. Obligors will make
these payments every month until all the principal and interest
and any other charges described below, that may be owed under
this Bond, are paid. Obligors' monthly payments will be applied
to interest before principal.
Obligors shall make monthly payments at any office of
Community Banks, N.A., or such place as the Obligee may
designate.
Each of the Obligors' monthly payments will be in the amount
of U.S. $833.24 ("initial payment"), This amount may change as
provided herein.
Changes in the monthly payments will reflect changes in the
unpaid principal balanCe of the loan and in the interest rate
that the Obligors must pay. The Obligee will determine the new
interest rate and the changed amount of the monthly payment in
accordance with the provisions set forth below.
The interest rate Obligors will pay may change in December,
1997 on the 2nd day of that month and then on that day every six
(6) months thereafter. Each date on which the interest rate
could change is called a "Change Date",
Beginning on the first Change Date, the interest rate will
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be based on an index. The "Index" is the National Average
Contract Interest Rate for Major Lenders on the Purchase of
Previously Occupied Homes as was made available by the Office of
Thrift Supervision. The most recent Index figure available as of
the Change Date is called the "Current Index". If the Index is
no longer available, the Obligee will choose a new index which is
based upon comparable information. The Obligee will give the
Obligors notice of this change.
On or before each Change Date, the Obligee will calculate
the new interest rate by adding ONE (1.00%) PERCENT to the then
Current Index. Subject to the limitations stated below, this
amount will be the new interest rate. If the amount of the
change between the new interest rate and the previous interest is
less than one-eighth of one percentage point (0.125%), the
interest rate will remain unchanged until the next Change Date.
The Obligee will then determine the number of payments that
would be sufficient to repay the unpaid principal balance, that
the Obligors owe on the Change Date, in full at the new interest
rate and at the then current payment amount. The result of this
calculation will mean that the maturity of the loan may increase
or decrease.
If an increase in the interest rate causes the maturity date
to increase to more than ten (10) years from the maturity date of
this Bond, the monthly payment will be increased to insure that
this obligation is repaid within the remaining original ~erm plus
ten (10) years.
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The interest rate the Obligors are required to pay will
never be increased or decreased on any single Change Date by more
than one percentage point (1%) from the interest rate Obligors
have been paying for the preceding six (6) months. The interest
rate will never be greater than the initial interest rate plus
four percentage points (4%) or less than the initial rate minus
four percentage points (4%).
In the event Obligors transfer title to, or enter into an
Agreement for Sale by installment payments of the mortgaged
premises, without consent of Obligee, in writing, then the
balance on this obligation shall immediately become due and
payable; Obligee reserves the right, if it consents to the
foregoing, to change the loan terms, including the interest rater
and may also charge an assumption fee.
In the event of late payments, Obligors may be assessed
charges at the rate of five (5%) percent of the monthly payment
amount stated herein after fifteen (15) days.
This obligation is prepayable in full or in part at any time
without penalty; providedr however, no partial payment will
change the amount of future monthly installments; and also
Obligors shall pay the taxes, keep the buildings upon the land
described in the Mortgage accompanying this Bond, insured for the
benefit of the Obligee, to the amount of at least NINETY FIVE
THOUSAND TWO HUNDRED FIFTY ($95,250.00) DOLLARS, and take out no
insurance on said buildings not marked for the benefit oL the
Obligee, then the above obligation to be void, or else to be and
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remain in full force and virtue. And the further condition of
this obligation is such that if at any time default shall be made
in the payment of the principal or the interest as aforesaid, for
the period thirty (30) days after any payment thereof shall fall
due, or if a breach of any other of the foregoing conditions be
made by the said Obligors, then the said principal sum shall
become due and payment of the same with interest, taxes and costs
of insurance due thereon, as aforesaid, together with an
Attorney's Commission of ten (10%) percent, but in no event less
than the sum of One Thousand ($1,000.00) Dollars, on the said
principal sum besides costs of suitr may be enforced and
recovered at once. The authority granted herein to confess
judgment shall not be exhausted by any exercise thereof, but
shall continue from time to time and at all times until payment
in full of all the amount due hereunder.
AND FURTHER, said Obligors h~reby empower any Attorney to
appear for Community Banks, N.A. and confess judgment against
Obligors in favor of the above-mentioned Obligee, its successors
or assigns, for the sum above mentioned, with costs of suit,
waiving stay of execution, inquisition and all exemption laws,
and Obligors further agree that the said real estate may be sold
upon a Fieri Facias.
Witness
Ra;t.)\~k.
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Debra D. Ness
Witness
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ALL THAT CERTAIN piece or parcel of land situate in the
Borough of Mechanicsburg, County of Cumberland and State of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as
shown on the hereinafter mentioned Plan of Lots at the dividing
line between Lots No. 11 and 12 thereon; thence by the dividing
line between Lots No. 11 and 12, North 9 degrees 50 minutes West
one hundred eighty-eight and seventy-four one-hundredths (188.74)
feet to a point; thence North 80 degrees 10 minutes East seventy-
five (75) feet to a point; thence South 9 degrees 50 minutes East
one hundred seventy-five and eighty-two one-hundredths (175.82)
feet to a point on the northern line of Apple Drive; thence by the
northern line of Apple Drive, South 70 degrees 24 minutes West,
seventy-six and ten one-hundredths (76.10) feet to a point, the
place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard
Crest, Sections I-A and 1-C" which Plan is of record in Plan Book
10 , Pagel, Cumber~a.:,:~, County .:records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING THE SAME PREMISES which Richard A. Shepps and Joan S.
Shepps, his wife, by deed dated April 20, 1981, and recorded in the
Cumberland County Recorder's Office in Deed Book "J", Volume 29,
Page 434, granted and conveyed unto John H. Klingler and Doreen M.
Klingler, his wife.
1
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ACT 91 NOTICE
Y"AvE"AC'"PI'O', i~f TO" .' S. It, 'rE-'
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YO' DR HO' ME" -FRO", M. .,
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FORECLOSURE
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September 30, 1999
TO: Ray E. Ncss Jr. and Debra D. Ncss
913 Apple Driw
M.....hllftl""burg Pa. 17055
.
'Ihis is. nAWal tInIW that the mcwtD.a~ (Jft wm ~ is in-~lt.and.the.IMwIH,~.tft,~1nM '~""
iftftVftl~ .Jv.t the tI~ oldie M~ is ftIIftUtdAd m':the ...~ MttI!I..
Tn Iel't if ~APCIIft 1ae1n '\lUll mnd. URRT~ A CONSlJURR l"Jl1m1TmtTNml' nn A~WI'mJN'30
nAYS OFTRR DATR OFTRIS 'Nl"lTIrR' Take this'Nnti~wifh"oaw1len yna mrft ther~lm, A~, , '.
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The MINt .ddn. md nhnrwt 111IIII_ oCtile r..IlYlllm<<.Cmdit (,,~linsr Aw.nniMl8n'insr 'mill' Conntv 11m !i.f"" lit the end
oitlna ~ If'yoa'1wve UlV ~-, ~,~~I:~P- '~ia.~".V1MROe A~.toIMR:e ..l-1OO-~b
2397.' ~ wiIh imnainod """"",, e.ilIeIII nt1l1llO.1ll69\.
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This Nolicc CCIIIIaiaa ~ IcpI hdi.....licla .IF,wUw my qaeRiour. ~.1hc; c-........ CmIit .'
C-'"'a A,pJt::y may he IbIe to IIeIp apIaiD iL Yaa may Iko_to
c:a&lIctlD IltaDey ill ~ au. the 1ac:al_lIIOCilliGa may he ule 10 lIeIp,wiiad . lawyer.
LANO'l1JlICACIONEN ADJUNTO ES DR SUMAlMPORTANaA, PUllS APBCl'A SUnllRlICHO AcONnNu.All.
VINIBNDO BN SU CASA SI NO COMPRBNDB BL CONIBNlDO DE BSTANOTlFICA<;JON OB'I1lNGAUHA;' .
TRADUCClONINMIlDlT AMIlNIll LLAMANOO BSTAA<lBNCIA(PBNN8YLV ANJA HOUSING PlNANCB
NJIlNDY) Sl CARGOS AI. NtlMl!RO MI!.NCIONADO AlllllBA; PUEDI!S S1!R 1IT.1I111R1.1l PARAtlN PRBST AMO
FOR BLPROBRAMALLAMADO "BOMBOWNBR'S 11MBRGBNCYMORTGAGB ASSlSTANCB PROGRAM" BL
CUAI.PUBDB SAI.VAR SUDASADE LABBRDlDADBL DBRBCHO AREDlMAR SUHlPOTECA.
STATIlMENTS OF POLICY
HOMllOWNBRS NAMB(S) Ray It Ness Jr.1lId Debra D. Ness
PROPERTY ADDRESS: 913 Apple Drive. MecIIouiallMq Fa. 17055
LOAN ACCTNO: 2-54017990
ORIGIANL Ll!NDP.R: ('~Bab, N.A
CllRRBNT LBNDHRISllRVlCBR: c-..-a,.JloBb, N; A .
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HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS, YOU
MA Y BE ELIGmLE.
IF YOU COMPLY WITH TJE 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 BEING ABLE TO
PA Y YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
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 "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR
WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE,
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT",
EX PLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with on of the consumer
credit counseling agency listed at the end of this notice, the lender may NOT take action against
you for thirty (30) days after the date of this meeting. The names. addressed and telephone
numbers of designated consumer credit counseling agencies for the county in which the orooerty
is located are sent forth at the end of this Notice. It is only necessary to schedule one fact-to-face
meeting. Adyise your lender immediately of you intentions.
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APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the nature
of your default.) If you have tried and are unable to resolve this problem with the lender, 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 at the end of this Notice. Only consumer credit counseling agencies
have the applications for the program and they will assist you in submitting a complete
application to 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
APPUCATlON 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 APPLICA TlON FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION -Available funds for emergency mortgage assistance are very limiled. They
will be disbursed by the Agency under the eligibility criteria established by the ACT. 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 Ihe time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF
A PETITION IN BANKRUPTCY, THE FOLLOWING PART
OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONL Y AND SHOULD NOT BE CONSIDERED AN ATTEMPT
TO COLLECT THE DEBT.
(If YOll have filed bankntptcy you can still apply for Emergency Mortgage Assistance.)
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NATURE OF THE DEFAULT. The MORTGAGE debit held bytbe above lender on your
ptope.ty located at: 913 Apple Drive, MoohaDiosburg PL 17055
CumbctimKl Couaty, Book 1386- Ps(s)200.206
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADB MON1HLYMORTOAOE PAYMENTS fOi'tho fol1owiDgmooths-wtbo .
following omn,,"'. ItllIlOW put due:
July 1999!hur Scptcmbcr 1999
INTERBST: $ 1,604.20
PRINCIPLE: $ 691.52
LATE CHARGES: S 390.98
ESCROW: $ 131.28
TOTAL AMOUNl' PAST DUE : $2,817.98
HOW TO CURE TIIR DEFAULT: You may CURl the dofsultwithin TIllRTY (30) DAYS oCtho cIate
of !he Notice. BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER;wmCH IS
S 2.817.98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllen: BECOME
DUE DURING THE THlRTY (30) DAY PERIOD. PaflDtllllllllllt be nude dthe1' by cab,
ClIlIIden cbeck or ...-y order made ,.,..bIe sad smt to:
COMMUNrrYBANKS, N.A.
P.O.BOXR
HALIFAX, PA 17032
ATIENTION: COLLECTIONS DEPARTMENT
Yau OlD CURl my other dofau1t by takiDg the following IKlticn within TIllRTY (30) DAYS of the cIate of
this letter.
IFynU DO NOT CllRE THE DEFAULT - If you do aotClURl tho dofsu1twithioTHIRTY (30)
DAYS of the cIate of this Notioo.. the lellder intends to exoerise its risJlt& to accelerate the -lPlV debt
This mCllDl that tho catire .,m.' .J:"g h.dsocc of tIUa debt will be 00lIIidcrcd dac.immc:diately 8IIIl you
may lose tho obEoe to pay tho moriglIgo iD.maJthIy ..,"meals. If 1bI1 payDIllIIts of tho total JIIIIOUIIt put
due is not made within TIllRTY (30) DAYS, tho leDder IIso iDteaIds to iIIstruot its aUorney 10 start legIl
aotion to forenlcvrr. '1p"1' your "'tw1pp-rl ~
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OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
balance and all other sums due under the mortgage.
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 anv time uo to one hour before the
Sheriff's sale. You mav do so bv paying the total amount then oast due. plus any late or other
charges then due. reasonable attornev's fees and costs connected with Ihe foreclosure sale and
anv other costs connected with the Sherifi" s Sale as s\lecified in writing by the lender and by
performing any other requirements under the mortgage.. Curing your default in the manner
set forth in this notice will restore your mortgage toe the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DA TE-- It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately
months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale. Of course, the amount needed to cure the def~ult will increase the
longer you wait. You may find out at any time exactly when the required payment or action will
be by contracting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: COMMUNITY BANKS, N. A.
Address:
150 Market Square
Millersburg, Pa. 17061
Phone Number:
717-692-4781
800-331-8362
Fax Number :
717-692-2972
Contact Person:
Jan Ayers - Collections Department
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EFFECT OF SHERIFF'S SALE - 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time. .
ASSUMPTION OF MORTGAGE- You_ ~ay or ~ may not (check one) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and
that the other requirements of the mortgage are satisfied.
YOU MAY 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 THE DEBT.
TO HAVE THIS DEBT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T . (HOWEVER, YOU
DO NOT HAVE THE RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE
TIMES IN ONE 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 THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
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u.s. POSTAL SERVICE NA nOHAL MAIL. DOE!
MAYBE USED FOR DOMESnc AND INTER
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO.
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
FLAINTIFF'S AFFIDAVIT FOR COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
BARRY DILLMAN, being duly sworn according to law, deposes and
says that 'he is a duly constituted representative for COMMUNITY
BANKS, N.A., Plaintiff, in the foregoing Complaint, that he is duly
authorized to make this affidavit, that he has personal knowledge
concerning the Mortgage Payment Account which is the subject of the
foregoing Complaint and that the facts set forth in the foregoing
Complaint are true to the best of her knowledge, information and
belief.
COMMUNITY BANKS, N.A.
BY: I
B ry
Senior
Credit
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 2~ DAY
OF OCTOBER, 2000.
, NoIariaI Seal
: Angela A. WlB8l. NoIary PulJIIc
. Millersburg 8oro, DBuphln County
My Commission Expires Apr. 14, 2003
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO.
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF PENNSYLVANIA
COUNTY OF DAUPHIN
BARRY DIL~MAN, being duly sworn according to law, deposes and
says that he is duly constituted representative for COMMUNITY
BANKS, N.A., Plaintiff in the action above captioned; that she is
duly authorized to make this affidavit, that he has personal
knowledge concerning the Mortgage Payment Account which is the
subject of the action above captioned, and that to the best of her
knowledge, information and belief, the Defendants and Real Owners
of the Real Estate described in the Complaint in the above entitled
action are not in the Military or Naval Services of the united
States or its allies or otherwise within the provisions of the
Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 1IP~ DAY
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Notarial Seal
Angela A. WI9s\, No1llry Public
Millelsburg Boro, Dauphln CountY
My CommIsSlon Expires Apr. 14, 2003
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CASE NO: 2000-07694 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMUNITY BANKS N A
VS
NESS RAY E JR ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
NESS RAY E JR
the
DEFENDANT
, at 0018 :45 HOURS, on the 14th day of November, 2000
at 12 A S MARKET ST
MECHANICSBURG, PA 17055
by handing to
DEBRA NESS
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
18.00
6.20
.00
10.00
.00
34.20
So Answers:
r~~'<=~t
R. Thomas Kline
, "D''tt.:::-
me thls ~-
day of
11/15/2000
~~ 'HMF~
By:
1,1 puty Sheriff
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Sworn and Subscribed to before
7lJH~ d2 bVi) A. D.
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Prothonotary I
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SHERIFF'S RETURN - REGULAR
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· CASE NO: 2000-07694 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMUNITY BANKS N A
VS
NESS RAY E JR ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
NESS DEBRA D
the
DEFENDANT
, at 0018:45 HOURS, on the 14th day of November, 2000
at 12 A S MARKET ST
MECHANICSBURG, PA 17055
by handing to
DEBRA NESS
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
11/15/2000
ALLAN SHAFFER
Sworn and Subscribed to before By:
me this 36 ~ day of
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Pr t onotary . =r /
Deputy Sheriff
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COMMUNITY BANKS, N.A.,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER COMPLAINT
TO THE PROTHONOTARY:
Kindly enter judgment in favor of Plaintiff and against
Defendant, RAY E. NESS, JR., and DEBRA D. NESS, for failure to
answer the Complaint wi thin 20 days after service thereon on
November 14, 2000, and assess Plaintiffs' damages as follows:
Amount due as of December 19, 2000 . $94,567.85
Interest from July 6, 1999, through
December 19, 2000 . . . . . .
11,900.24
Late Charges from July, 1999, through
December, 2000.
Escrow .
Attorney's fees as set forth in Mortgage
(10% of unpaid principal) ....
TOTAL:
1,065.08
1,115.88
9,946.88
$118,595.93
with interest thereon at the rate of 8.56% per annum, late charges
and costs of suit. I hereby certify that the Notices of Default
required by Pa. R.C.P. 237.1 was mailed to the Defendants above-
named on December 5, 2000, see Notices and Certificates of Mailings
attached hereto.
NOW, December~2000,
above-named in the sum
8.56%, late charges and
7
judgment .~, tered against the Defendants
of $118,595.93, with interest thereon at
costs of suit. ~
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Prothonotary
DATED: December 19, 2000
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT BY DEFAULT
TO: The above named RAY E. NESS, JR., Defendant;
DATED:
December
, 2000
You are hereby notified that on December , 2000, Judgment by
Default has been entered against you in the action above-captioned
in the amount of $118,595.93, for the reason that you failed to
file an Answer to the Complaint within twenty (20) days after the
said Complaint was served on you on November 14, 2000.
DATED: December;.2.A 2000 -C'~,..) 72.~
prothonotary~
I hereby certify that the name and address of the proper person to
receive this notice under Pa. R.C.P.
S. Market Street, Mechanicsburg, PA
RAY E. NESS, JR., 12A
A RAY E. NESS, JR., Defendido
For este medio se le esta notificando que el de December,
del 2000, el/la siguiente Falo ha sido enotado en cntra suya en el
caso mencionado en el epigrafe.
FECHA: December
, 2000
Protonotario
Certifico que la siguiente direccion es la del defendido segun
indicada en el certificado de residencia: RAY E. NESS, JR., 12A S.
Market Street, Mechanicsburg, PA 17055.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT BY DEFAULT
TO: The above named DEBRA D. NESS, Defendant;
DATED:
December
, 2000
You are hereby notified
Default has been entered
that on December
, 2000, Judgment by
against you in the action above-captioned
in the amount of $118,595.93, for the reason that you failed to
file an Answer to the Complaint within twenty (20) days after the
said Complaint was served on you on November 14, 2000.
DATED: December
, 2000
Prothonotary
I hereby certify that the name and address of the proper person to
receive this notice under Pa. R.C.P. #236 is: DEBRA D. NESS, 12A S
Market Street, Mechanicsburg, PA 17055.
A DEBRA D. NESS, Defendido
For este medio se Ie esta notificando que el de December,
del 2000, el/la siguiente Falo ha sido enotado en cntra suya en el
caso mencionado en el epigrafe.
FECHA: December
, 2000
protonotario
Certifico que la siguiente direccion es la del defendido segun
indicada en el certificado de residencia: DEBRA D. NESS, 12A S.
Market Street, Mechanicsburg, PA 17055.
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",S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND .I~!ERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER-
Received From:
~HAFFRR " F.l\Ir.T.R LlWl OFFICES
129 MARKET STREET
MILLEf'\3DURG, rill. 17061
f""--'~ne -pece of ordinary mail addressed to:
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MR. RAY E. NESS, JR.
12A S. MARKET STREET
!!BC[1"d'IICCl3URC, PA 17Q55
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PS Form 3817. Mar. 1989
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MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PRO~.I})E FOR INSURANCE-POSTMASTER
Reeeived From:
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SHAFFER & ENGLE rAW OFFICES
129 MARKET STREET
HITT=~IlJWG, Ph 17Q61
to.
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MS T1RRRII T1 NR;;;;
12A S. MARKET STREET
MECUANIC3BURG,' FA 170C;C;
PS Form 3817, Mar. 1989
Affix fl'!e.bera in !ltamD!l
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
V8.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
TO:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
DATED:
December 5, 2000
IMPORTANT NOTICE
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 JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT
A HEARING AND YOU MAY LOOSE 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, PA 17013
Telephone No: (717) 249-3166
(800) 990-9108
re
ICES
17061
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF 'COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
TO:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
DATED:
December 5, 2000
IMPORTANT NOTICE
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 JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT
A HEARING AND YOU MAY LOOSE 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, PA 17013
Telephone No: (717) 249-3166
(800) 990-9108
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COMMUNITY BANKS, N. A. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
: NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Defendants
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and
correct copy of the foregoing Praecipe for Judgment for Failure to
Answer Complaint and Notice of Entry by Default Judgment was sent
on December 29, 2000, to the following by the manner indicated
below:
U.S. MAIL
POSTAGE PREPAID
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
DATE:
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IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, PENNSYVANIA
CIVIL DIVISION
Writ No. 00-7694
COMMUNITY BANKS, N.A.,
Plaintiff
Judgment Amount: $118,595.93
Interest from 12/20/00 through
3/7/01: $1,702.12
Late Charges from December, 2000,
through March, 2001: $179.76
Costs: $1,124.76+
Escrow: $1,115.88
Attorney's Fees: $9,946.88
vs.
RAY E. NESS, JR. and
DEBRA D. NESS,
Defendants
Plaintiff
Attorney
Sheriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY OF SAID COURT:
of
DATE:
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-
captioned case, you are directed to levy upon and sell the
property described in the attached description.
DATE:
Prothonotary
By:
Deputy
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO ACT NO. 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is the Attorney for the Plaintiff in the
above action; that he is duly authorized to make this affidavit on
behalf of the Plaintiff; that this action is no longer subject to
the provisions of Act No. 91 of 1983 because the premises here in
issue are not occupied by the Defendants-Mortgagors as their
principal residence; and, further your d onent sait~ot.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS IIIJ./. DAY
OF JANUARY, 2001.
Notarial Seal
Angela A. ~ Public
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMUNITY BANKS, N.A., 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 913 Apple Drive, Mechanicsburg Borough, Cumberland
County, Mechanicsburg, Pennsylvania, 17055:
1. Name and address of Owners or Reputed Owners:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
2. Name and address of Defendants in the Judgment:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a recorded lien on the real property to be sold:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
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AND
Jeffrey M. Mottern
28 E. Main Street
Hummelstown, PA 17036
4. Name and address of the last recorded holder of every
Mortgage of record:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
5 .
recorded
interest
Name and address of every other person who has any
interest in or recorded lien on the property and whose
may be affected by the sale:
Cumberland County Tax
1 Courthouse Square
Carlisle, PA 17013
Claim Bureau
6. Name and address of
Plaintiff has knowledge who has
may be affected by the sale:
every other person of whom the
any interest in the property which
Mechanicsburg Borough Tax Collector
605 Somerset Drive
Mechanicsburg, PA 17055
The addresses listed above are the last reasonable
ascertainable addresses after a reasonable search conducted by the
Plaintiff.
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. 1 understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsificatio 'to uthorities. ,/
DATED:
N.A.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr. ,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
".
.
4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attacl1ed to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: Tl1e Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right - of -way over the
northern or rear portion of said lot as set forth in prior deed,
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
vs.
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not ~topped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your l1ouse. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. you may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTEO BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717)
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
county, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"An, attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one l1undred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of App~e Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right - of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to' all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE MAILED
TO LIEN CREDITORS OF SHERIFF'S SALE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is attorney for plaintiff in the action
above-captioned and that he did mail a letter notifying all Lien
Creditors of the Real Owners of the premises that a Sheriff's Sale
is being held for said premises. Said letters were sent first class
mail, postage prepaid, evidenced by a Certificate of Mailing. See
copies of letters and Certificates of Mailing hereto attached.
SWORN TO AND SU~~CRIBED
BEFORE ME THIS 11' DAY
OF JANUARY, 2 01.
No\8Ii8I. ='Y pUbliC
Angela A. WleSl.[)eIIlll'lO
MillersbUlll aoroeicPlres APr~
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R&E N G L E
LAW OFFICES
January 11, 2001
ATTN: Jill Benner
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Lienholder:
Please be advised th.at this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and that
said Sheriff's Sale may divest YOUr lien against the said property.
If you have any questions, please contact me.
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V,S, POSTAL SERV'CE CERTIFICATE OF MAILING
MAY BE USED FOR DQMEsrrlC AND INTERNATIONAL MAll, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From;
ATTN: JILL BENNER
COMMUNITY BANKS, N.A.
1 50 1l1'.RKET CQU1\RE
MILLERSBURG, PA 19061
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LE. ESQ!JIRE
DAD. LEGAL ASSISTANT
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PS Form 3817, Mar, 1989
EET SUITE 112 HARRISBURG. PA 17110
92 . FAX 717.692.3554
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E R &E N G L E
LAW OFFICES
SHAFF
January 11,2001
Mr. Jeffrey M. Mottern
28 E. Main Street
Hummelstown, PA 17036
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Lienholder:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and that
said Sheriff's Sale may divest your lien against the said property.
If you have any questions, please contact me.
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U,S, POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
SHAFFER & ENGLE LAW
129 MARKET STREET
\
28 E. MAIN STREET
IlUHMEL3:L'OIIH, rA 170JC"
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RN
PS Form 3817, Mar, 1989
.EET SUITE 112 HARRISBURG. PA 17110
92 II FAX 717.692.3554
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S H A F F E 'R &. E N G L E
LAW OFFICES
January 11, 2001
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
9~3 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Lienholder:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and that
said Sheriff's Sale may divest your lien against the said property.
If you have any questions, please contact me.
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U,S, POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE POSTMASTER
CTJMRF.Tn,AND COUNTY TAX
1 COURTHOUSE SQUARE
CARLIJLE, rA 17013
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Received From:
SHAFFER & ENGLE LAW
129 MARKET STREET
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One piece of ordinary mail addressed to:
PS Form 3817, Mar, 1989
EET SUITE 112 HARRISBURG, PA 17110
92 . FAX 717,692.3554
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S H A F
F E
R&E N G L E
LAW OFFICES
January 11, 2001
Mechanicsburg Borough Tax Collector
605 Somerset Drive
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Lienholder:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and that
said Sheriff's Sale may divest your lien against the said property.
If you have any questions, please contact me.
~F:C.HANH~SBlJRG BOROUGH TAX
COLLECTOR
GO:; 8Ot<l:ER8E1' DRIVE
MECHANICSBURG, PA 17055
. B.
U,S, POSTAL SERV'CE CERTIFICATE F MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
PROVID~ FOR INSURANCE-POSTMASTER
Received From:
SHAFFER & ENGLE LAW
129 MARKET STREET
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E. ESQ!)IRE
lAD. LEGAL ASSISTANT
One 'l:iece of ordinary mail addressed to:
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PS Form 3817, Mar. 1989
ET SUITE 112 HARRISBURG. PA 17110
2 . FAX 717,692.3554
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IN THE COURT OF PLEAS OF CUMBERLAND COUNTY. PENNSYVANIA
CIVIL DIVISION
Writ No. 00-7694
COMMUNITY BANKS, N.A.,
Plaintiff
Judgment Amount: $118,595.93
Interest from 12/20/00 through
3/7/01: $1,702.12
Late Charges from December, 2000,
through March, 2001: $179.76
Costs: $1,124.76+
Escrow: $1,115.88
Attorney's Fees: $9,946.88
vs.
RAY E. NESS, JR. and
DEBRA D. NESS,
Defendants
Plaintiff
Attorney
Sheriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY OF SAID COURT:
of
DATE:
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-
captioned case, you are directed to levy upon and sell the
property described in the attached description.
DATE:
Prothonotary
By:
Deputy
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO ACT NO. 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is the Attorney for the Plaintiff in tl1e
,
above action; that he is duly authorized to make this affidavit on
behalf of the Plaintiff; that thi~ action is no longer subject to
the provisions of Act No. 91 of 1983 because the premises here in
issue are not occupied by the tJefendants-Mortgagors as their
principal residence; and, further Iyour d onent saith ot.
(
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 11'1/. DAY
OF JANUARY, 2001.
Notarial Seal
Angela A. ~PublIc
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COMMUNITY BANKS, N. A. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMUNITY BANKS, N.A., 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 913 Apple Drive, Mechanicsburg Borough, Cumberland
County, Mechanicsburg, Pennsylvania, 17055:
1. Name and address of Owners or Reputed Owners:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
2. Name and address of Defendants in the Judgment:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a recorded lien on the real property to be sold:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
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AND
Jeffrey M. Mottern
28 E. Main Street
Hummelstown, PA 17036
4. Name and address of the last recorded holder of every
Mortgage of record:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
5.
recorded
interest
Name and address of every other person who has any
interest in or recorded lien on the property and whose
may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
6. 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:
Mechanicsburg Borough Tax Collector
605 Somerset Drive
Mechanicsburg, PA 17055
The addresses listed above are the last reasonable
ascertainable addresses after a reasonable search conducted by the
Plaintiff.
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsificatio to uthorities.
DATED:
N.A.
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3 . You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amoUnt due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty"eight and seventy-four ,hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East,seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
1 ine of Apple Drive, South seventy degrees twenty- four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections i-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not ~topped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
s. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Ca~lisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"AU, attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance witl1 the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to' all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE MAILED
TO DEFENDANTS OF SHERIFF'S SALE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is attorney for Plaintiff in the action
above-captioned and that he did mail a notice notifying the
Defendants that a Sheriff's Sale is being held for said premises.
Said letters were sent first class mail, postage prepaid, evidenced
by a Certificate of Mailing. See copies of letters and Certificates
of Mailing hereto attached.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS II%. DAY
OF ANUARY, 200l.
\'lOlBIl8l SeIII
Angela A. WIeSt, No\8fY PublIc
Mlllersburg 80m, Dauphin ~
My co':"..mISSIO~.'=."!'~~~':2~~~~
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S H A F
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R&E N G L E
LAW OFFICES
January 11, 2001
Mr. Ray E. Ness, Jr.
12A S, Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Debtor:
please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
u.s, POSTAL SERV'CE CERTIFICATE OF MAILING
MAY BE USED FOR DOMES,-IC AND INTERNATIONAL MAIL, DOES NOT
PROVIOE fOR INSURANCE~POSTMASTER
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ENGLE LAW
129 MARKET STREET
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)AD. LEGAL ASSISTANT
Received from:
, One piece of ordinary mail addressed to:
.
MR. RAY E NESS. JR.
12A S. MARKET STREET
llECIIAWECCBURC, I'A 17055
PS Fo,m 3817, Mar. 1989
EET SUITE 112 HARRISBlJRG. PA 17110
12 . FAX 717,692.3554
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E R&.. ENGLE
LAW OFFICES
SHAFF
January 11, 2001
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be a.dvised that this office represents the first
mortgagee in an a.ction of Mortgage Foreclosure against the above
premises. Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
~~
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u.s, POSTAL SERVICE CERTIFICATE F MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE POSTMASTER
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Received From:
E LAW
129 MARKET STREET
--1'
OFFICE
CC
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MH. fJEBRA D. NESS
12A S. MARKET STREET
~IEClIANICGDURG, Pl\ 17()..55
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E. ESO.!)IR.E
)AD. LEGAL ASSISTANT
Onc\piece of ordinary mail addressed to:
PS Form 3817, Mar. 1989
~ET SUITE 112 HARRISI3UR.G. l'A 17110
12 . FAX 717,692.3554
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IN THE COURT OF PLEAS OF CUMBERLAND COUNTY. PENNSYVANIA
CIVIL DIVISION
Writ No. 00-7694
COMMUNITY BANKS, N.A.,
Plaintiff
Judgment Amount: $118,595.93
Interest from 12/20/00 through
3/7/01: $1,702.12
Late Charges from December, 2000,
through March, 2001: $179.76
Costs: $1,124.76+
Escrow: $1,115.88
Attorney's Fees: $9,946.88
vs.
RAY E. NESS, JR. and
DEBRA D. NESS,
Defendants
Plaintiff
Attorney
Sheriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY OF SAID COURT:
execution in
DATE:
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-
captioned case, you are directed to levy upon and sell the
property described in the attached description.
DATE:
Prothonotary
By:
Deputy
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COMMUNITY BANKS, N. A. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO ACT NO. 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is the Attorney for the Plaintiff in the
above action; that he is duly authorized to make this affidavit on
behalf of the Plaintiff; that this action is no longer subject to
the provisions of Act No. 91 of 1983 because the premises here in
issue are not occupied by the Defendants-Mortgagors as their
principal residence; and, further your d onent saith ot.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ,I'IJ. DAY
OF JANUARY, 2001.
Notar\aI Seal
Angela A. WlaSI, NolaIy Public
MKIelsbufg Boro. 0aupllIII eountY I.
My Comn\ISSIon ExpIras fJ(Jr. -14, 2.OIl3
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COMMUNITY BANKS, N. A. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMUNITY BANKS, N.A., 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 913 Apple Drive, Mechanicsburg Borough, Cumberland
County, Mechanicsburg, Pennsylvania, 17055:
1. Name and address of Owners or Reputed Owners:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
2. Name and address of Defendants in the Judgment:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a recorded lien on the real property to be sold:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
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AND
Jeffrey M. Mottern
28 E. Main Street
Hummelstown, PA 17036
4. Name and address of the last recorded holder of every
Mortgage of record:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
'.
5.
recorded
interest
Name and address of every other person who has any
interest in or recorded lien on the property and whose
may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
6. 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:
Mechanicsburg Borough Tax Collector
6as Somerset Drive
Mechanicsburg, PA 17055
The addresses listed above are the last reasonable
ascertainable addresses after a reasonable search conducted by the
Plaintiff.
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsificatio to uthorities.
DATED:
N.A.
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale..
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE.SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go tl1rough only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
l1appened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; s9.id premises will offered by the
Sheriff for sale according to the information forth in this notice.
Tl1e Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' Eo, 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (So 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of .Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said scl1edule unless exceptions are filed
thereto within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courtl1ouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable atto~ney's fees due;
To find out how much you must pay, you may call Jeffrey B. Engle;
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
4. If the Sheriff's Sale is not ~topped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in tl1e sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717)
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3~29.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
. between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (s. 700 24' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to' all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE MAILED
TO DEFENDANTS OF SHERIFF'S SALE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is attorney for Plaintiff in the action
above-captioned and that he did mail a Notice notifying the
Defendants that a Sheriff's Sale is being held for said premises.
Said Notice was forwarded by first class mail, postage prepaid,
evidenced by Certified Mail, Return Receipt Requested. See copy of
Notice and Certified Mail Return Receipts attached.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS tl~ DAY
OF JANUARY, 20 1.
NoIarlaI Sell!
"' Angela A. Wiest, Nolarv Public
I MU'ersburg Boro, Dauphfn County
L MY Commission Expires Apr, 14, 2003
SHAFFER
ENGLE
LAW OFFICES
January 11, 2001
SENT VIA CERTIFIED MAIL
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10: 00 A'.M.
IN RE:
OWNER:
,PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our suit has procoeeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
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OFFICES
January 11, 2001
SENT VIA CERTIFIED MAIL
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
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2941 NORTH FRONT STREET SUITE 112 HARRISBURG. PA 17110
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IN THE COURT OF PLEAS OF CUMBERLAND COUNTy, PENNSYVANIA
CIVIL DIVISION
Writ No. 00-7694
COMMUNITY BANKS, N.A.,
plaintiff
Judgment Amount: $118,595.93
Interest from 12/20/00 through
3/7/01: $1,702.12
Late Charges from December, 2000,
through March, 2001: $179.76
Costs: $1,124.76+
Escrow: $1,115.88
Attorney's Fees: $9,946.88
vs.
RAY E. NESS, JR. and
DEBRA D. NESS,
Defendants
Plaintiff
,
Attorney
S!].eriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY OF SAID COURT:
of execution in
DATE:
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
,~,
ss:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-
captioned case, you are directed to levy upon and sell the
property described in the attached description.
DATE:
prothonotary
By:
Deputy
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COMMUNITY BANKS, N. A. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO ACT NO. 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is the Attorney for the Plaintiff in the
,
above action; that he is duly authorized to make this affidavit on
behalf of the Plaintiff; that this action is no longer subject to
the provisions of Act No. 91 of 1983 because the premises here in
issue are not occupied by the Defendants-Mortgagors as their
principal residence; and, further your d anent saith ot.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 11'ji; DAY
JiA-~
tary P lic
Notarial Seal
Angela A. WIest. NoIIIIY. .. Publ~1c .
MlUeisbUlg8olO, DaupI1I/I
. My CammIslIIOn ExplJ9S ApT. 14.
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COMMUNITY BANKS, N. A. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
VS.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMUNITY BANKS, N.A., 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 913 Apple Drive, Mechanicsburg Borough, Cumberland
County, Mechanicsburg, Pennsylvania, 17055:
1. Name and address of Owners or Reputed Owners:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
2. Name and address of Defendants in the Judgment:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a recorded lien on the real property to be sold:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
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AND
Jeffrey M. Mottern
28 E. Main Street
Hummelstown, PA 17036
4. Name and address of the last recorded holder of every
Mortgage of record:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
5 .
recorded
interest
Name and address of every other person who has any
interest in or recorded lien on the property and whose
may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
6. 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:
Mechanicsburg Borough Tax Collector
605 Somerset Drive
Mechanicsburg, PA 17055
The addresses listed above are the last reasonable
ascertainable addresses after a reasonable search conducted by the
Plaintiff.
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsificatio to uthorities.
DATED:
N.A.
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through otl1er legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courtl1ouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
~ "
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JEFFREY B...ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 700 24' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-2.3-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not ~topped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
S. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717)
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eigl1t and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein,
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to' all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E, Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
Ii;"ti~~~
,
~ .
, '1.1 ,~
, 1:...........1'
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",
"~
..'
.
.
.
4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E, NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
SO' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
BAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sa.le will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717)
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten d s from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
county.
NOTICE is further given to all parties in interest and claimants.
schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE MAILED
TO DEFENDANTS OF SHERIFF'S SALE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is attorney for Plaintiff in the action
above-captioned and that he did mail a Notice notifying the
Defendants that a Sheriff's Sale is being held for said premises.
Said Notice was forwarded by first class mail, postage prepaid,
evidenced by Certified Mail, Return Receipt Requested. See copy of
Notice and Certified Mail Return Receipts attached.
SWORN TO AND SUBSCRIBED
BEFORE ME THISt~ DAY
OF CH, 200
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No\BrilII Seal
~ A. Wleel, NolBrY Public
Ml\lliiSbUlll Boro. Dauphln County
My Commlssio~ Expire".,Aof 14, 2?~
SHAFFER",>"E NGLE
, " LAW OFFICES
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March 15, 2001
SENT VIA CERTIFIED MAIL
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanic sburg , pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, June 6, 2001,
at 10:00 A.M.*
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
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OFFICES
March 15, 2001
SENT VIA CERTIFIED MAIL
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE k~D TIME: Wednesday, June 6, 2001,
at 10:00 A.M.*
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
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Total Postage & Fees
$3.20
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[Tl .MR...._~-RA..Y_M_E~e.__.NES.S..,.---.JR.__m...~_---.~---..._-~..__.....--....1i lllJIRE . JEFfREY I\. t;N(]LL ESOJ"JIRI:
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$ $7.15
,viously scheduled for March 7, 2001.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3 . You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILT, BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
"
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~
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff, gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
~- ~
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iiklliL:
JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3 . You may also be able to stop the sale throllgh other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
I ,
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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" 0.1 0_" .;,~
4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The
Sheriff's Phone number is: (717) 240-63~
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten~s from
the date of filing. ~
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 700 24' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right - of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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COMMUNITY B KS, N.A.,
Plaintiff
vs.
RAY E. NESS, JR., and
DEBRA D. ESS,
Mortgagors and Real Owners,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE MAILED
TO DEFENDANTS OF SHERIFF'S SALE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DA
JEFFREY . ENGLE, Esquire, being duly sworn according to law,
deposes and ays that he is attorney for Plaintiff in the action
above-captio and that he did mail a notice notifying the
Defendants t a Sheriff's Sale is being held for said premises.
Said letters ere sent first class mail, postage prepaid, evidenced
by a Certific te of Mailing. See copies of letters and Certificates
of Mailing hereto attached.
SWORN TO AND
BEFORE ME TH
o MARCH, 20
SU:Ei$.CRIBED
S Ib'l-i. DAY
1.
Nol!\ll8I Seal
A. Wlest. Notary Public
MIUei8burg Boro, Dauphfn County
My CommisSion E~pires Apr, 14, 2003 '
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( . LAW OFFICES
March 15, 2001
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, June 6, 2001
at 10:00 A.M.*
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
L SERVICE CERTIFICATE OF MAILING
~A; :~~~D FOR DOMESTIC AND lNTERNATlONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE POSTMASTER
Affix fee her~_!n stamps__
"
SHAFFER & ENGLE
LAW OFACES
129 MARKET STREET
Mil I I'RllRI1Rl1. PA 1
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Received From:
One piece of ordinary mail addressed to:
MR. RAY E. NESS, JR.
12A S MAKRET STREET
jVlFCBANICSBIIFG, PA 17065
lIed for March 7, 2001.
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.E. ESOlJlRE
)AD. IH_lA!' ASSISTANT
PS Form 3817, Mar. 1989
'FT SIJlTE 111 IIMU'l..ISlHJRC, PA 17110
r-)2 . b\X 717.692.3554
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LAW OFFICES
SHAFF
March 15, 2001
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL, #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, June 6, 2001,
at 10:00 A.M.*
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
S~
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AffixJee_bere in gtamm:
U,S, POSTAL SERV'CE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
PROV1DI: FOR INSURANCE-POSTMASTER
Received From:
SHAFFER & ENGLE
L^'A' OFRCES
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129 MARKET S11lEET
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One pIece of ordinary mail addressed to:
MS. DEBRA D. NESS
12A S. MARKET STREET
:led for March 7, 2001.
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g 'AD. LEC!\L ,\),\ISTANT
PS Forry, 3817, Mar. 1989
rT SIJ!Tf 112 !-iAIUUSI>,\iIUJ, !'A 17110
2 . FAX 717,692.3554
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, cumberland County, Mechanic~burg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6,2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1-: '
" i
:"-
4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder . You may find out the price bid by
calling the Sheriff at the County Courthouse.
S. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8 . You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
VS.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
:-,
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point qn the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
You~ tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
, ~
-0-.10:.
- ~~ -,-r..':i
"
4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that t'ime, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717)
240-63.~
,--
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I.
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten~s from
the date of filing. ~
..........JJj~w...tl"i"'"""'l.io;,;,~~~jitJ.".'.i;'~ I t
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JEFFREY B. ENGLE, ESQUIRE
ALL T8AT CERTAIN piece or parcel of land situate in the Borough of
Mechallicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, s~venty-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE MAILED
TO LIEN CREDITORS OF SHERIFF'S SALE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is attorney for Plaintiff in the action
above-captioned and that he did mail a letter notifying all Lien
Creditors of the Real Owners of the premises that a Sheriff's Sale
is being held for said premises. Said letters were sent first class
mail, postage prepaid, evidenced by a Certificate of Mailing. See
copies of letters and Certificates of Mailing hereto attach
SWORN TO AND SUBSCRIBED
BEFORE ME THIS I~ DAY
OF MARCH, 2001.
i
NoIarial Seal
~.==POOIc
My CommIssion ExpIres Apr,~
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,LAW OFFICES
March 15, 2001
ATTN: Jill Benner
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, June 6, 2001,
at 10:00 A.M.*
IN RE:
OWNER:
PREMISES:
Dear Lienholder:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and that
said Sheriff's Sale may divest your lien against the said property.
If you have any questions, please contact me.
U,S, POSTAL SERViCE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
A.='_....__ ..__~ ;~ ~.~_~~
Received From:
,
SHAFFER & ENGLE
LAW OFFlCFS
129 MARKETSTREET
MILLERSBURG, PA
17061
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are foreclosing on the
One p7ece of ordinary mail addressed to:
ATTN: JILL BENNER
COMMUNITY BANKS, N.A.
~ed for March 7, 2001.
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E. ESl1.!)IRE
)^D. LEGAL ASSISTANT
PS Form 3817, Mar. 1989
Tr SUITE 111 HARR)SI'>\JIH.J. l'A 17110
>2 . I-AX 717~692.355-1-
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S H A F
R&ENGLE
LAW OFFICES
F
E
March 15, 2001
Mr. Jeffrey M. Mottern
28 E. Main Street
Hummelstown, PA 17036
IN RE:
OWNER:
PREMISES:
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, June 6, 2001,
at 10:00 A.M.*
Dear Lienholder:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and that
said Sheriff's Sale may divest your lien against the said property.
If you l1ave any questions, please contact me.
C RTIFICATE OF MAILING
u.s. POSTAL SERVICE "10 INTERNATIONAL MAIL, DOES NOT
MAY aE USED FOR DOMESTIC AI"
PROVIDE FOR INSURANCE PoSfMASlER
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SHAffER & ENGLE
LAW UH1\itli
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MI\.1.ERSBURG, PA 17061
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One pie'"Ce ot ordinary mail addressed to:
MR. JEFFREY M. MOTTERN
E. MAIN TREET
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PS Form 3817, Mar. 1989
Tr \lJJTI' 112 11/\IUU\I',lJRG. 1':\ 17110
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SHAFFER
ENGLE
LAW OFFICES
March 15, 2001
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, June 6, 2001,
at 10:00 A.M.*
IN RE:
OWNER:
PREMISES:
Dear Lienholder:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premlses, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and tl1at
said Sheriff's Sale may divest your lien against the said property.
If you have any questions, please contact me.
, _.-"._---"-,,,,'",,-,
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SHAFFER & ENGLE
129 MARKET STREET
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U,S, PDSrAL SERV'CE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER '
Received From:
One piect! of ordinary mail addressed to:
1 COURTHOUSE
CARU5L~, P.^.
~ed for March 7, 2001.
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. F/\X 717.D92.3554
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SHAFFER
ENGLE
LAW OFFICES
March 15, 2001
Mechanicsburg Borough Tax Collector
605 Somerset Drive
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, June 6, 2001,
at 10:00 A.M.*
IN RE:
OWNER:
PREMISES:
Dear Lienholder:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, which premises are now vested in the above owner. Our
suit has proceeded to execution and the said property will be sold
by the Sheriff of Cumberland County, Pennsylvania at the above date
and time at the Cumberland County Courthouse.
Our research indicates that you are a lien creditor and that
said Sheriff's Sale may divest your lien against the said property.
If you have any questions, please contact me.
Received From:
-~-"--=-~-
US POSTAL SERVICE CERTIFICATE
MAY BE USED FOR DOMESTIC AND INTERNATIONAL'
PROVIDE FOR INSURANCE POSTMASTER
MAILING
IL, DOES NOT
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MECHANICSBURG BOROUGH TAX
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MF.r.HANH~SR1TlH::, FA 170SS
COLL.
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uled for March 7, 2001.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If tl1e Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You l1ave a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be l1eld on:
Wednesday, June 6, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
Ji
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No, 11 and 12 thereon; thence by the dividing line
between Lots No, 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188,74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N, 800 10' E" 75') to a point;
thence south nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S, 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S, 700 24' W., 76,10')
to a point, the place of BEGINNING,
BEING Lot No, 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records,
HAVING THEREON ERECTED a dwelling house known as No, 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed,
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein,
BEING Designated as Tax Parcel #17-23-0561-012,
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D, Ness, under Judgment No, 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants,
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
-
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COMMUN!TY BANKS, N.A"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs,
NO, 00-7694
RAY E. NESS, JR" and
DEBRA ]), NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M" in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you,
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1, The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B, Engle,
Esquire at (717) 692-2345,
2, You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered, You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
~I_L ,_ L ~!
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5, You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property,
6, The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale, To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8, You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. 'At that time, the buyer may bring legal proceedings to
evict you,
9, You may be entitled to a share of the money which was paid for
your house, A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001, This schedule
will state who will be receiving that money, The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date,
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
yOU SHOULD TAKE THIS PAPER TO yOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's phone number is: (717)
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,
COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO, 00-7694
RAY E, NESS, JR" and
DEBRA D, NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms, Debra D, Ness
12A S, Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, pennsylvania, by Community Banks, N.A" Plaintiff, relative
to the following Judgment and execution No. 00-7694,
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice,
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M,
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten d3ys from
the date of filing. ///'
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JEFFREY B, ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No, 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W, I 188,74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E" 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S, 09050' E" 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive,
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E,
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} 55.
Robert P Ziegler
I, ______________________________________________________________________________Ilecorderol
Deeds in and for said County and State do 'hereby certily that the Sheriff's Deed in which ________________
______.9~':~:'~_~~L.!l_':~~~_!!. _~___________________ ____________________________________ is the grantee
the same having been sold to said grantee on the ________________!1!:p___________n_n____________ day of
_________-!~!.'~_________n________________ A. D., ;2001__n_, under and by virlue of a wriL____n_______
Execution .
________________ ____________________ _____n n_ __ISSued on the ________11..t.h___ ____ ______ n n____ ___
January 2001 . .
day of __________________________ A. D., n___' out of the Court of Cornman Pleas of saId County as of
Civil . 2000
-_____________________________..._________________ _________________________________ Term, . ______
Number ____~~2:>______, at the suit of __n________C_~~~.::~:~_!l_~~~~__~_~_____________m_____n__n__
_____________________ ____...__ ___ __ __ against___ ~_~_ _J.t_~_Jl~9.IA_:Q _.ReJ!.~____ ____ __ ____ __ __ __ _ is
duly recorded in Sherifrs Deed Book No. __2A.L_____, Page __2_IiU__n__.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal 01 said office this ____2,_~___ day
of __m___~------------ A. D., "'-1?_2J
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Recorder-:;JD;.;d. 0
ReconIeJ 01 Deeda. CumberlIlnd l:eun\J tlllisIe. M
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Community Banks N.A.
-vs-
Ray E. Ness, Jr. and Debra D, Ness
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-7694 Civil
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law says on April 16,
2001 at 5:00o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and
Description in the above entitled action upon one of the within named defendants to wit: Ray E. Ness Jr
by making known unto Ray E. Ness Jr. at 12 A South Market Street, Mechanicsburg, Cumberland
County, Pennsylvania, its contents and at the same time handing to him personally the said true and
attested copies of the same.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law says on April16,
2001 at 6:000'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and
Description in the above entitled action upon one ofthe within named defendants to wit: Debra D. Ness
by making known unto Debra D. Ness at 638 Cumberland Point Circle, Mechanicsburg, Cumberland
County, Pennsylvania, its contents and at the same time handing to him personally the said true and
attested copies of the same.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law says on April 16,
2001 at 6:26 o'clock P.M. EDST, he posted copy of Real Estate Writ Notice Poster and Description on
the property of Ray E. Ness Jr. and Debra D. Ness located at 913 Apple Drive Mechanicsburg,
Cumberland County, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above
Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency
of the action to one ofthe within named defendants to wit: Ray E. Ness Jr. by regular mail to his last
known address, 12A South Market Street Mechanicsburg, P A. This letter was mailed under the date of
April 17 , 200 I and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above
Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency
of the action to one of the within named defendants to wit: DebraD. Ness by regular mail to her last
known address, 638 Cumberland Point Circle Mechanicsburg, P A. This letter was mailed under the
date of April 17 , 200 I and never returned to the Sheriff s Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal
notice had been given according to law, exposed the within described premises at public venue or outcry
at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00 o'clock A.M.,
EDST. He sold the same for the sum of $72,000.00 to Attorney Jeffrey Engle for Community Banks,
N.A., it being the highest bid and the best price received for the same. Community Bank, N.A. of 150
Market Square, Millersburg, P A 17061, being the buyer in this execution, paid Sheriff R. Thomas Kline
the sum of $256231, it being sheriffs costs.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
30.00
1440.00
15.00
15.00
30.00
10.00
.50
County
Mileage
Certified Mail
Levy
Surcharge
Legal Search
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
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1.00
20.46
1.46
15.00
30.00
200.00
377.00
300.30
25.09
25.00
26.50
$2562.31 paid by Attorney Jeffrey Engle
Sworn and subscribed to before me
so..an~~r~ ~
r~~J r. "'e: r ...,6rt -4'
R. Thomas Kline, Sheriff
This 3j..J- day of~
2001,A.D.~Q ~,~
P ot onotary
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SCHEDULE OF DISTRIBUTION
SALE NO.3
Writ No. 2000-7694 Civil
Community Banks, NA
VS
Ray E. Ness, Jr. and
Debra D. Ness
913 Apple Drive
Mechanicsburg, P A 17055
Date Filed - July 6, 2001
Sale Date - June 6, 2001
Buyer - Community Bank, N.A.
Bid Price - $72,000.00
Real Debt
Interest from 12/20/00 - 317101
Writ Costs
Late Charges 12/00 - 3/01
Costs
Escrow
Attorney's Fees
$118,595.93
1,702.12
122.20
179.76
1,124.76
1,115.88
9.946.88
$132,787.53
DISTRIBUTION
Amount Collected
Sheriff's Costs
Legal Search
$ 2,562.31
2,362.31
200.00
$ 0.00
$ 1,000.00
Total
Refund of Advance Payment
~ers:
/'~ :7.-1. .,,;-< #~
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R. Thomas Kline, Sheriff
ByC}{) dl~ -Svric-th
Real state Deputy
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TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO.3
Held Wednesday, June 6, 2001
Date: June 6, 2001
TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive, Taxes for the current year
2001.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below,
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2001, and recorded
,2001, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which John H. Klingler and Doreen M. Klingler, his wife,
by Deed dated June 2, 1997 recorded June 4, 1997 in the Office of the Recorder of Deeds in and
for Cumberland County in Carlisle, Pennsylvania in Deed Book 158, Page 1101 granted and
conveyed to Ray E. Neff, Jr. and Debra D. Neff, his wife,
OTHER EXCEPTIONS:
I, The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company,
2. Rights or claims of parties in possession, if any, other than the owner.
3, Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose,
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of Apple Drive,
6. Conditions, easements and restrictions shown on or set forth on the revised Plan of
Lots of Orchard Crest, sections I-A and I-C recorded in Plan Book 10, Page 1.
7. Building and use conditions and restrictions as set recorded in Miscellaneous
Record Book 155, Page 103, Miscellaneous Record Book 162, Page 1047 and Miscellaneous
Record Book 166, Page 207,
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8. Mortgage in the amount of $95,250,00 given by Ray E. Neff, k and Debra D, Neff
to Community Banks, NA dated June 2, 1997 recorded June 4, 1997 in Mortgage Book 1386,
Page 200,
Complaint in Mortgage Foreclosure filed by Community Banks, NA as Plaintiff
against Ray E. Neff, k and Debra D. Neff as Defendants in the Office of t\le Prothonotary of
Cumberland County to file no, 2000-7694. Judgment entered October 30, 2000 in the amount of
$118,595.93.
9. Mortgage in the amount of $19,000.00 given by Ray E. Neff, k and Debra D.
Neff, his wife, to Jeffrey M. Mottern dated June 2, ,1997 recorded June 4, 1997 in Mortgage Book
1386, Page 207.
10. Judgment in the amount of $222.50 entered by I}ette Rubin Weinberger, ASCQ. As
Plaintiff against Debra D. Neff Defendant in the Office of the Prothonotary of Cumberland County
on August 4, 1999 to file no, 99-4701. I
11. Judgment in the amount of $8,059.75 entered by Kim E. (Dudley) Neff as Plaintiff
against Debbie Neff and Ray E. Neff as Defendants in the Office of the Prothonotary of
Cumberland County on August 9,1999 to file no. 99-4771.
12. Judgment in the amount of $3,423.20 entered by Concord Financial Services, Inc,
as Plaintiff against Ray Neff, Debra Seifert, and Debra Neff as Defendants in the Office of the
Prothonotary of Cumberland County on November 8, 1999 to file no. 99-6758.
13. Rights granted to the Bell Telephone Company of Pennsylvania by instrument
recorded in Miscellaneous Record Book 159, Page 592.
14, Rights granted to Pennsylvania Power & Light Company by instrument recorded in
Miscellaneous Record Book 156, Page 1.
15. Rights granted to Pennsylvania Power & Light Company by instrument recorded in
Miscellaneous Record Book 147, Page 196.
16. Subject to right -of-way over the northern orrear portion of the premises as set forth
in Deed Book 158, Page 1101 and prior deeds of record.
16. Satisfactory evidence to be produced that proper notice was given to the holders of
all liens and encumbrances intended to be divested ~y subject Sheriff Sale.
17. Real estate taxes accruing on and after July 1, 2001 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House, Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
~,
Robert G. Frey, Agent
Note: This Title Report shall not be valid indin
until countersigned by an authorized signatory.
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REAL ESTATE SALE NO. 3
., Wrtt No. 2000-7694 Civil
Community Banks, N.A.
vs.
Ray E. Ness, Jr. and
Debra D. Ness
Atty.: Jeffrey B. Engle
ALL THAT CERTAIN piece or par-
cel of land situate In the Borough of
Mechanlcsburg, County of Cumber-
land and State of Pennsylvania, .
bounded and described as follows.
to Wit:
BEGINNING at a point on the
northe~ line of Apple Drive as
shown on the hereinafter-mentioned
Plan of Lots at the dividing line be-
tween Lots No, 11 and 12 thereon;
thence by the dividing line between
Lots No. 11 and 12, North nine de-
grees fifty minutes West. one hun-
dred eighty-eight and seventy-four
hundredths feet (N. 09' 50' W.. 188-
.74') to a point; thence North eighty
degrees ten minutes East, seventy-
five feet(N. 80' 10' E., 75') to a POint;
thence South nine degrees fifty min-
utes East, one hundred seventy-five
and elghty-two hundredths feet (So
09' 50' E., 175.82') to a point on
the northern line of Apple Drive;
thence by the northern line of Apple
Drive. South seventy degrees
twenty-four minutes West. seventy~
slx and ten hundredths feet (So 7fY'
24,' W" 76.10') to a pont, the place
of BEGINNING. '
BEING Lot No. 11 In the Revised
Plan of Lots of 'Orchard Crest, Sec-
tions I-A and I-C' wWcb Plan Is of
record In Plan Book 10. Page 1,
Cumberland County Records.
HAVING 1HEREON ERECTED a
dwelling house known as No, 913
Apple Drtve.
SUBJECT, NEVER1HELESS. to
an easement or right-ot-way over
the northern or rear portion of said
lot as set forth In prtor deed,
BEING the same premises wWch
John H. Klingler and Doreen M.
Klingler, his wife, by deed dated
June 2, 1997, and recorded In the
Recorder of Deeds Office of CUm-
berland County. In Record Book 158,
Page 1101. granted and conveyed
unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Par-
cel #17-23-0561-012.
SEIZED. taken In execution and
to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness. un-
der Judgment No. 00-7694, Cum-
berland County.
NOTICE Is further given to all
parties In interest and claimants.
Schedule of proposed dlstrtbutlons
Will be med by the Sheriff of Cum-
berland County on Aprtl 6, 200 I,
and distribution will be made in ac-
cordance with said schedule unless
exceptions are filed thereto within
ten (l 0) days thereafter.
,
COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E, NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF SERVICE OF NOTICE MAILED
TO DEFENDANTS OF SHERIFF'S SALE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is attorney for Plaintiff in the action
above-captioned and that he did mail a notice notifying the
Defendants that a Sheriff's Sale is being held for said premises.
Said letters were sent first class mail, postage prepaid, evidenced
by a Certificate of Mailing. See copies of letters and Certificates
of Mailing hereto attached.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 1\% DAY
OF ANUARY, 200:):. .
NoIIlIlaI Seal
Angela A. WIe8l. NoIBry PublIc
M"\elsbufg BolO. Oau\lhl" CountY
~. My Commi~i?.':'. ExpIres A::r.:2.~003
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R'&E N G L E
LAW OFFICES
January 11, 2001
Mr. Ray E, Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises, Our suit has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
U.S. POSTAL SERVICE CERTifiCATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT a c: ~
PROVIDE FOR INSURANCE-POSTMASTER Q ~! I
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Received From: ~O ~~
t:"-: '\ 31"0 oc:!!l
NGLE LAWOFFICES~ ;9& -~
129 MARKET STREET ~ ~
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:.ngle
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E. ESQ!}IRE
)AD, LEGAL ASSISTANT
ne piece of ordinary mail addressed to:
MR. RAY E. NESS. JR.
12A S. MARKET STREET
11ECIIl\UICODURG, rl\ 1'7055
,...
PS Form 3817, Mar. 1989,
:ET SUITE 112 HARRISBURG. PA 17]10
)2 . FAX 717.692.3554
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R&E N G L E
'. LAW OFFICES
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January 11, 2001
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
SHERIFF'S SALE AGAINST REAL ESTATE
Ray E. Ness, Jr. and Debra D. Ness
913 Apple Drive, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, Pennsylvania
17055
TAX PARCEL: #17-23-0561-012
SHERIFF'S SALE DATE AND TIME: Wednesday, March 7, 2001
at 10:00 A.M.
IN RE:
OWNER:
PREMISES:
Dear Debtor:
Please be advised that this office represents the first
mortgagee in an action of Mortgage Foreclosure against the above
premises. Our sui t has proceeded to execution and the said
property will be sold by the Sheriff of Cumberland County,
Pennsylvania at the above date and time at the Cumberland County
Courthouse.
If you have any questions, please contact me.
Received From:
~HAPPF.R & ENGLE LAW OFFICES/'
129 MARKET STREET (~
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDe FOR INSURANCE-POSTMASTER
\;r;
\'-: \
E. ESQ!jIRE
JAD. LEGAL ASSISTANT
One lece of ordinary mail addressed to:
MS. ORBRA D. NESS
12A S. MARKET STREET
MECIIAtlICCDURG, rl\ 170.5"
-
PS Form 3817, Mar. 1989
:ET SUITE 112 HARRISBUR.G, PA 17110
)2 . FAX 717.692.3554
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IN THE COURT OF PLEA~ OF CUMBERLAND COUNTY. PENNSYVANIA
CIVIL DIVISION
Writ No. 00-7694
COMMUNITY BANKS, N.A.,
Plaintiff
Judgment Amount: $118,595,93
Interest from 12/20/00 through
3/7/01: $1,702.12
Late Charges from December, 2000,
through March, 2001: $179.76
Costs: $1,124.76+
Escrow: $1,115,88
Attorney's Fees: $9,946.88
vs.
RAY E. NESS, JR. and
DEBRA D, NESS,
Defendants
Plaintiff
Attorney
Sheriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY OF SAID COURT:
of execution in
DATE:
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-
captioned case, you are directed to levy upon and sell the
property described in the attached description.
DATE:
Prothonotary
By:
Deputy
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO ACT NO. 91 OF 1983
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
JEFFREY B. ENGLE, Esquire, being duly sworn according to law,
deposes and says that he is the Attorney for the plaintiff in the
above action; that he is duly authorized to make this affidavit on
behalf of the Plaintiff; that this action is no longer subject to
the provisions of Act No. 91 of 1983 because the premises here in
issue are not occupied by the Defendants-Mortgagors as their
principal residence; and, further your d onent saith at.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ,I-U; DAY
OF JANUARY, 2001.
Notarial Seal
Angela A. W1eat. No1I\IY 'ci:1c
Mi\laisbulg~r 14~
My Commlsilon ...,,"v_ ",... ,
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRAD. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMUNITY BANKS, N.A., 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 913 Apple Drive, Mechanicsburg Borough, Cumberland
County, Mechanicsburg, Pennsylvania, 17055:
1. Name and address of Owners or Reputed Owners:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
2. Name and address of Defendants in the Judgment:
Mr, Ray E, Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
AND
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a recorded lien on the real property to be sold:
Community Banks, N.A.
150 Market Square
Millersburg, PA 17061
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AND
Jeffrey M. Mottern
28 E. Main Street
Hummelstown, PA 17036
4. Name and address of the last recorded holder of every
Mortgage of record:
Community Banks, N.A.
150 Market. Square
Millersburg, PA 17061
5.
recorded
interest
Name and address of every other person who has any
interest in or recorded lien on the property and whose
may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
6. 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:
Mechanicsburg Borough Tax Collector
605 Somerset Drive
Mechanicsburg, PA 17055
The addresses listed
ascertainable addresses after
Plaintiff.
above are the last reasonable
a reasonable search conducted by the
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsificatio to uthorities,
DATED:
N.A.
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COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Ray E. Ness, Jr"
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00 A.M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3 . You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder, You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8, You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
~ithin ten (10) days after the sale date.
10, You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar .Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, pA 17013
The Sheriff's Phone number is: (717) 240-6390
"
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COMMUNITY BANKS, N .A. ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR" and
DEBRA D, NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr, Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumb.erland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A.M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
.
JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No, 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188,74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 090 50' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 700 24' W., 76,10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTBELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter,
COMMUNITY BANKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra D. Ness
Defendant,
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055 is scheduled to be sold at Sheriff's Sale on
Wednesday, March 7, 2001, at 10:00A,M., in the Cumberland County
Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment
of $118,595.93, obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B, Engle,
Esquire at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause.
3 . You may also be able to stop the sale through other legal
proceedings,
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE. TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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.
4. If the Sheriff's Sale is not ~topped, your property will be
sold to the highest bidder. You may find out the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on April 6, 2001, This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717)
.'
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMB~RLAND COUNTY, PENNA
NO, 00-7694
RAY E, NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Ms. Debra D. Ness
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of Cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, March 7, 2001
at: 10:00 A,M.
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
April 6, 2001, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
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JEFFREY B. ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one hundred eighty-eight and seventy-four hundredths feet (N. 090
50' W., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 700 24' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive,
SUBJECT, NEVERTHELESS, to an easement or right -of -way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H. Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E.
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to' all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on April 6, 2001, and distribution will be made
in accordance with said schedule unless exceptions are filed
thereto within ten (10) days thereafter.
.-
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.
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COMMUNITY BANKS, N,A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO, 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE
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AMENDED NOTICE OF SHERIFF'S SALE OF REAL
TO: Ray E. Ness, Jr.,
Defendant
Your tract of land (real estate) at 913 Apple Drive,
Mechanicsburg Borough, Cumberland County, Mechanicsburg,
Pennsylvania, 17055, is scheduled to be sold at Sheriff's Sale on
Wednesday, June 6, 2001, at 10:00 A.M" in the Cumberland County
Courthouse in Carlisle, 'Pennsylvania, to enforce the Court Judgment
of $118,595.93,obtained by the above-named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to the above-named
Plaintiff the amount of the judgment plus costs or the back
payments, late charges, costs and reasonable attorney's fees due.
To find out how much you must pay, you may call Jeffrey B. Engle,
Esquire, at (717) 692-2345.
2. You may be able to stop the sale by filing a petition asking
the Court to. strike or open the judgment, if the judgment was
improperly entered. You may also ask the Court to postpone the sale
for good cause. .
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney) .
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
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4. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find ~.()ut the price bid by
calling the Sheriff at the County Courthouse.
5. You may be able to petition the Court to set aside the sale if
the bid price was grossly inadequate compared to the value of your
property.
6. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff at the County Courthouse (number listed
below) .
7. If the amount due from the buyer is not paid to the Sheriff
you will remain the owner of the property as if the sale never
happened.
8. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
9. You may be entitled to a share of the money which was paid for
your house. A schedule of distribution of the money bid for your
house will be filed by the Sheriff on July 6, 2001. This schedule
will state who will be receiving that money. The money will be paid
out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the sale date.
10. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
The Sheriff's Phone number is: (717) 240-6390
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COMMUNITY BANKS, N.A.,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
NO. 00-7694
RAY E. NESS, JR., and
DEBRA D. NESS,
Mortgagors and Real Owners,
Defendants
IN MORTGAGE FORECLOSURE
AMENDED NOTICE PURSUANT TO R.C.P. 3129.1 OF
THE SUPREME COURT OF PENNSYLVANIA
TO THE FOLLOWING DEFENDANT AND OWNER:
Mr. Ray E. Ness, Jr.
12A S. Market Street
Mechanicsburg, PA 17055
This Notice is given to you as owner and defendant in an
execution proceeding brought before the Sheriff of cumberland
County, Pennsylvania, by Community Banks, N.A., Plaintiff, relative
to the following Judgment and execution No. 00-7694.
The property together with its location is described Exhibit
"A", attached to this Notice; said premises will offered by the
Sheriff for sale according to the information forth in this notice.
The Sheriff's sale of the property will be held on:
Wednesday, June 6, 2001
at: 10:00 A.M,
in: The Cumberland County Courthouse, located in Carlisle,
Pennsylvania.
A schedule of distribution will be filed by the Sheriff on
July 6, 200~, and distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten days from
the date of filing.
,
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JEFFREY B, ENGLE, ESQUIRE
ALL THAT CERTAIN piece or parcel of land situate in the Borough of
Mechanicsburg, County of Cumberland and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Apple Drive as shown
on the hereinafter-mentioned Plan of Lots at the dividing line
between Lots No. 11 and 12 thereon; thence by the dividing line
between Lots No. 11 and 12, North nine degrees fifty minutes West,
one bundred eighty-eight and seventy-four hundredths feet (N. 090
50' N., 188.74') to a point; thence North eighty degrees ten
minutes East, seventy-five feet (N. 800 10' E., 75') to a point;
thence South nine degrees fifty minutes East, one hundred seventy-
five and eighty-two hundredths feet (S. 09050' E., 175.82') to a
point on the northern line of Apple Drive; thence by the northern
line of Apple Drive, South seventy degrees twenty-four minutes
West, seventy-six and ten hundredths feet (S. 70024' W., 76.10')
to a point, the place of BEGINNING.
BEING Lot No. 11 in the Revised Plan of Lots of "Orchard Crest,
Sections 1-A and 1-C" which Plan is of record in Plan Book 10, Page
1, Cumberland County Records.
HAVING THEREON ERECTED a dwelling house known as No. 913 Apple
Drive.
SUBJECT, NEVERTHELESS, to an easement or right-of-way over the
northern or rear portion of said lot as set forth in prior deed.
BEING the same premises which John H, Klingler and Doreen M.
Klingler, his wife, by deed dated June 2, 1997, and recorded in the
Recorder of Deeds Office of Cumberland County, in Record Book 158,
Page 1101, granted and conveyed unto Ray E. Ness, Jr. and Debra D.
Ness, Defendants herein.
BEING Designated as Tax Parcel #17-23-0561-012.
SEIZED, taken in execution and to be sold as the property of Ray E,
Ness, Jr. and Debra D. Ness, under Judgment No. 00-7694, Cumberland
County.
NOTICE is further given to all parties in interest and claimants.
Schedule of proposed distributions will be filed by the Sheriff of
Cumberland County on July 6, 2001, and distribution will be made in
accordance with said schedule unless exceptions are filed thereto
within ten (10) days thereafter.
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WRIT OF EXECUTION and/or A IT ACHMENT
COMMONWEM-TH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. nn-7fiq4 CIVIL TeI:iIL
CIVIL ACTION - LAW
TO THE SHERIFF OF
Cl1mh"r1Bnd
COUNTY:
To satisfy the debt, interest and costs due Communitv Banks , N .A.
PLAINTIFF(S)
from Rav E. Ness. Jr. and Debra D. Ness. l2A S. Market Street, Mechanicsburq. PA 17055
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell S'ile T ~'Ja] ncC:r'r; pH nn
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
:::,.y
'''-'I,
GARNISI-iEl;(S) as follows:
and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined'iiom paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subjeclto attachment is found in the possession of anyone other
than a named garnishee. you are directed to notify him/herthat he/she has been added as a garnishee and is enioined as above
stated.
Amount Due $118,595.93
Interest from 12/20/00 - 3/7/01:
$1,702.12
L.L.
Due Prothy
Other Costs
$.50
$1.00
Atty's Comm
Atty Paid
Plainmt Paid
%
T-"t" ('''''1"'<)'''' 1?/nn -
,/nl. $179.76
S1.115.88
$1?? ?n
Cnc:tc:: S] .124.76+ F.c:crow:
Attornev's Fees: S9.946.88
Date:
.TBr:IllBry 17. 2001
Curtis R. Long
Prothonotary, Civil Division
~(/P_7pWA~~
REQUESTING PARTY:
Name Jeffrey B. Engle, Esq.
Address: 129 Market Street
Millersburq, PA 17061
Attorney for: Plaintiff
Telephone: 717-692-2345
Supreme Court ID No. 76644
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Intarest in the realiJmpI'l11.! ;;ittJ(~ted ir1/,f1ifl/-I1 ...._Ad'tr ,a~
Cumberland COIJt1IV,';llll numbered as: 9/3
C)1lhtAO,~tL:f .,.... un E)(hib~t "A" Wed wil;.
this writ aM r,y ml~i . Dorat6d herein.
"'ate: ~CJ(/
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Writ No. 199Jl.2492
Civil Term
Mellon Bank, N.A.
. "
Toby L Coy and
Angel? M. Coy
Atty: Karl Ledebobm
OESCllIPTION
All, "nlAt (ERT ..\,[N tr<lct of lands situa!f' in
ShippMSbu.tg Towrit:~!ip, Cumb,t:rland County,
Pt:,t'ln~\'I\'a(tlJ,.mordulJy bound~d ilnd dl.'_scribt.>d^
<l."-,roJlowi>;>' .
BEGl1\'NlNG at "n iroll p)o Oil ,lint? 9f IJod no\\-'
. 'Qr"iormeily of ~ldet t: \-'\\mgerd ilnd liflL> of
{mmer PennsyiV<1Rta Railroad right of way, now
'. 'or formerlv l,mo of Elder t. \,1,iellgerd: thenc~ hi'
.land (If sJ.iQ Hdl.!-r F, \Ven,;crd, N"mth 60 1/2
" 'd('grt'6 East,.18J fcd to a post ilnd cOTner.of land
M.", Qr formed\' of le>l:~r O. Bu(Ul.Otd~r d al,
lhence bv ~id/Bufkhold/.'r land, !\onh 60: 1/2
, ':degre.e.... &'st 23~~ tect to an iron pin; th{!nc~ l-o/
tnt:SJIl1f.', South 33 degrecs32 minutes E.1st, 1('/3
, .- fuet \.a an iron pin: th~c~ by the &aml:!, South 39
dt'grces 58 minutes E.lst,25,lA feel to ,10 fmn pin
and thl' rlgl1t of \Wv of tllt' Rl)adiTl~ R"il1oad~
thence by the said R~ading Railroad_ nght of WilY
in a liouthelly iliTl'diun il0 ft:'f:'t to a Reading
railroad_ iron pin; thell.;: ~ by S,lml', in a Southedv
direction 200 ft'ct,. morC' or les5, to a railroad iron
pin,: ttlenc€_ by 1,'Ild of the PCllnsylvarna__ RJitroJa.
-'-.I\'&th15'dcgr~t?5 West" 398.:rfeCf to an iron pin;
thence, by the same in 3 Southwesterlv dire<tion
120 feet,. more or less, trtan iion'pin; thence by a
blow arc in a Northeasterlv {fir~,ctfon
, . .apJ!roxima!(>Jyl90ieet to an iron pm the pbcc of
BEGJX~~NG. .,
, LESS J small tract & umd cq'rl\'eyed by L\l
. 'Shindkdeckt'r, et al. to Bl'i.\y Lynch by Deed.
_dated the 28th dilv of Iune, 1m and recorded in
the Office of tfli,'"Recorder of Deed;; iri and fOT
Cumberland County. PenrlsyJvania, in Deed Book
"'V", \blnme 2..\.:ai P,)ge 713, ~id tract 'bounded
ilnd descnol'd .is follows;:
BEGU\NJ~G a1 a roinl on linl.' of land of Granll'e
~~ein; thello..! North fiQ 'Il2d.zgre:e~,East..2"! (et!t6 ,
inchl.'$, to comer of a retilining ll'alt thencE' in a
Southwardlv direction 16 (eet to a post; thence: in
f! \\'estwJrd~' direction 32 led') mcht's alon.g a
-rail t.,moo to ,an (ran pin atUne of 1md no.... or
formerly m the .Grantee herein; thence
Northwdrdlv 21" d'!gree:. 10 minutes 29 'il..\oonds bv
'.:In .arc with a radius of 7$9.02 f~e! a chora
dist.>ncc of 1(1 feet 6 in-;:he5 to the placl! of
BEG1!\lNING. \._
,UEING the same pl'e~s whkh Pilbv A. Co'r~
\\idol\~ by deed daleti; SeplemDl'1' 13, 1995, which
Deed is re-carded in lh'e QUke !Ii th(,l-, Rcoorder of
. lJet':ds in and fqi' Cumberland COlli'll}' ill Deed
. ,Book U8, P,lgl: 630, granted and' ~cn\,,!sed to Toby
'_l~Cov Jna Angela, 1f.J2.01~~~~J.!l;!~~~~~'i~,-_ _,,~
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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
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with Its principal office and place 01 business at 812 to 818 Market Street, in
the City of Harrisburg, County 01 Dauphin, State 01 Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers 01 general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aloresaid; 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 pubiication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 30th day(s) of January and the 6th and
13th day(s) 01 February 2001. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all 01 the allegations 01 this statement as to the time, place and character 01
publication are true; and
That he has personal knowledge 01 the facts aloresaid and is duly authorized and empowered to verify this
statement on behall 01 The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board 01 directon 01 the said Company and subsequently duly recorded in
the ollice for the Recording 01 Deeds in and lor said Cou t 01 D in in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S ALE #16
Notarial S I
Teny L. Russell, No ry ub'
HarriSburg. Dauphin unty ,
My Commission Expires June 6, 2002 N TARY PUBLIC
Member, Pennsylvania Association 01 NotarilllY commission expires June 6, 2002
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 pubiication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
298.80
1.50
300.30
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circwlation, hereby acknowledge receipt 01 the aloresaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
REAL ESTA'l'E SALE NO, 16
Writ No. 1998-2492 Civil
Mellon Bank, N.A.
vs.
Toby L. Coy and Angela M. Coy
Atty.: Karl Ledebohm
EXHIBIT "A"
ALL THAT CERTAIN tract of lands
situate In Shippensburg Township,
CumbetlaRc;l CO\ll1ty, PennsylVania,
m@:re fully bounded and deSCr1bed
as follows:
BEGINNING at an iron pin on
line of land now or formerly of El-
der E. Wengerd and line of former
Pennsylvania RaJlroad rigbt of way,
now or formerly land of Elder E.
Wengerd; thence by land of said
Elder E. Wengerd, North 60 1/2
degrees East, 184 feet to a post and
comer of land now or formerly of
Lester D. Burkholder et a1; thence
by sald Burkholder land, North 60
1/2 degrees East, 23.5 feet to an
iron pin; thence by the same, South
33 degrees 32 minutes East, 103
feet to an iron pin; thence by the
same, Slmth 39 c;logrees 58 mlp.utes
Elast, 2~.1.4 feet t<l an toea pm l!nl!l
the ri/ilht otway of the Nea<llng NaJl-
.
..~
,,,~~k ,,"--
road; thence by the ,said Reading
Ra1lroad tight of way in a southerly
direction 110 feet to a Reading Rail-
road iron pin: thence by same 1n a
Southerly direction 200 feet, more
or less, to a railroad iron pin; thence
by land of the Pennsylvania Rail-
road, North 25 degrees West. 398.3
feet to an iron pin; thence by the
same in a Southwesterly direction
120 feet. more or less. to an iron
pin; thence by a slow arc in a North-
easterly direction approx1mately 190
feet to an Iron pin the place of BE-
GINNING.
LESS a small tract of land con-
veyed by L.M. Shindledecker. et al
to Betty Lynch by Deed dated the
28th day of June, 1971 and re-
corded in the Office of the 'Recorder
of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book
"D", Volume 24 at Page 713, sald
tract bounded and descrtbed as fol-
lows:
BEGINNING at a point on line of
land of Grante~ herein; thence North
60 1/2 degreesEasl:, 24 feet 6 inches,
to comer of a reta.in:ing-wall; thence
in a Southwardly direction 16 feet
to a po_st; thence in a Westwardly
direction 32 feet 9 inches along a
rail fence to an iron pin at line of
land now or formerly of the Grantee
herein; thence Northwardly 21 de-
grees 10 minutes 29 seconds by an
arc with a radius of 789.02 feet a
chord distance of 10 feet 6 inches
to the place of BEGINNING.
BEING the same premises which
Patsy A. Coy, widow, by deed dated
September 13, 1995, which Deed
is recorded in the Office of the Re-
corder of Deeds in and for
Cumberland County in Deed Book
128, Page 630, granted and con-
veyed to Toby L. Coy and Angela M.
Coy, husband and wife.
/, -
",., ,c_,.
-,.
~ ~~ -
'" ~_'il.iiII['-=~'-1 ~.~
"'-
'~
. ,.. ..
.. -. '" f'
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
S5.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been 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 ofthe said Cumberland Law
Journal on the following dates,
VIZ:
JANUARY 19,26, FEBRUARY 2,2001
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.
R~tor ~
SWORN TO AND SUBSCRIBED before me this
2 day of FEBRUARY. 2001
NO Al
lOts E. SNYOE,R,Notory Publie-.
Carlioleloro, C...b"""j1d.equnty, PA
My Commission Ex""..~rch ~, .200t <,