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Home My WebLink About00-07987 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PNC BANK, N.A., F/KlA PNC BANK KENTUCKY, INC. 539 SOUTH 4TH AVENUE LOUISVILLE, KY 40202 ,. ~.,. Plaintiff TERM NO. V-V. 7947 ~ ~.v-- v. CUMBERLAND COUNTY ROBERT F. ROTH CARYN G. ROTH 502 PAWNEE ROAD MECHANICSBURG, P A 17055 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVTOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ,,,.,- CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1''1'''' Loan #: 0000429939 ';'.. "'1 , ". ^C , . ...... 1. Plaintiff is: PNC BANK, N.A., F/K/ A PNC BANK KENTUCKY, INC. 539 SOUTH 4TH AVENUE LOUISVILLE, KY 40202 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT F. ROTH CARYN G. ROTH 502 PAWNEE ROAD MECHANICSBURG, PA 17055 .....,. who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/16/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1152, Page 726. By Assignment of Mortgage Recorded 2/23/94 the mortgage was assigned to PNC BANK KENTUCKY, INC. which Assignment is recorded in Assignment of Mortgage Book No. 466, Page 1110. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ....... 'Hil'~"r ^"',". " I"" ' 6. The foilowing amounts are due on the mortgage: Principal Balance $91,510.19 Interest 3,039.96 6/1/00 through 11/1/00 (Per Diem $19.74) Attorney's Fees 4,000.00 Cumulative Late Charges 185.96 7/16/93 to 11/ 1/00 Cost of Suit and Title Search 550.00 "''1'''' Subtotal $99,286.11 Escrow Credit 0.00 Deficit 688.67 Subtotal $ 688.67 TOTAL $99,974.78 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." .,." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $99,974.78, together with interest from 11/1/00 at the rate of$19.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. .:t-~c-j-~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff """ 1"'1 ~,< ,^ , . .. 22119 BS701-C1st September 10, 2000 Robert FRoth 502 Pawnee Drive Mechanicsburg PA 17055 RE: LOAN NUMBER: 0000429939 PROPERTY ADDRESS: 502 Pawnee Drive Mechanicsburg PA 17055 Current Servicer: PNC Mortage 539 S 4th Avenue Louisville, KY 40202 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of 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 ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. ) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT your property located --The MORTGAGE debt held by at: 502 Pawnee Drive Mechanicsburg PA 17055 the above lender on IS SERIOUSLY IN DEFAULT because: As of 09-06-00 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Payments from 07-01-00 through 09-06-00 * PAYMENT AMOUNT 1,019.62 * PAYMENTS NOW DUE 3 * LATE CHARGES 107.52 * RETURN CHECK CHARGE . 00 * OTHER FEES .00 * LESS UNAPPLIED FUNDS .00 TOTAL AMOUNT PAST DUE: 3,233.82 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,233.82, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Mortgage Corp of America, ATTN: Cash Services Dept, 75 N Fairway Drive, Vernon Hills, 1;~~1i~ ""~,, =- . " - -"~'"" ZZ119 BS703-C2nd September 10, 2000 Caryn GRoth 502 Pawnee Drive Mechanicsburg PA 17055 RE: LOAN NUMBER: 0000429939 PROPERTY ADDRESS: 502 Pawnee Drive Mechanicsburg PA 17055 Current Servicer: PNC Mortage 539 S 4th Avenue Louisville, KY 40202 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of 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 ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. ) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date) . NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 502 Pawnee Drive Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: As of 09-06-00 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Payments from 07-01-00 through 09-06-00 * PAYMENT AMOUNT 1,019.62 * PAYMENTS NOW DUE 3 * LATE CHARGES 107.52 * RETURN CHECK CHARGE .00 * OTHER FEES .00 * LESS UNAPPLIED FUNDS .00 TOTAL AMOUNT PAST DUE: 3,233.82 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,233.82, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Mortqaqe Corp of America, ATTN: Cash Services Dept, 75 N Fairway Drive, Vernon Hills, IL 60061. ~XH\B\T A -. ,-., , ", APPE~DIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!a!!e on your home is in default. and the lender intends to foreclose. Specifkinformation about the nature ofthe default is provided in the attached pues. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save vour home. This Notice explains how the pro2ram works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when vou meet with the CounseUnR A,enc:v. The name. address and phone number of Consumer Credit CounsellnR ARendes servinR vour County are listed at the end of this Notice. If you have anv Questions. vou may caD the Pennsvlvania Housin!! Finance .' ARenc:v toD free at 1-800-342-2397.lPenons.with impaired hearin~ can caD (717) 780-1869). This Notice contains important legal informatioa. If you have aay questions, representatives at tile Consumer Credit CounseUng Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar usociation may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE S~ IMPORT~CIA, PUES AFEetA SU DERECHO A CONTINUAR VIV1ENDO EN s'U C~ SI NO COMPbNDE EL CONTENIDO DEESTA NOTlFlCACION OBTENGA. UNA TRADUCCION. ~~lTAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA' HOUSING FINANCE-AGENCY) SIN CARGOS AL _~O MENClONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO. POR EL PROGItAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA. Y B~ EJ.,JGIBLE FOR FlNANQAL ASSIST~CE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 198J (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 PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHEIt ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ~~H\6\T A ""1.;\i"" , . <" . ~ ~~. ~ ~!;i. p~~ ~.;-:~ ;;."CO ~ ~.,;:: ..... ';: II ~ ~ ~ .: : : ::: ... ;. :- .... .: ':. ...... .... ... - ... ;.1 ~ -; ] -s ;.l! !. "'CI ;.- >>-:1 i:-l;;r i.l!;.B ~:;~.J ~ ~ i -~ ~ ~ . 2 ~ ~ i!: =~~.~~ <.8'i;= ~ :llj'l :;~!l~~ ~ 1: 1 i :i1'iSU: ~ JS] ... ll~ iil < l ,. ~' 1 .' ~jl' a~!Ji ::l1::'iS.' C 3!1 I . w ... ." .. w ... ..~ ~.~ 0( -=>~ t~ '; ~ ~ i:: ;<'l1- e-< ~~ :- t .= \ ~ ~ . 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'" "-z 0- >Ii ~:::. 02' ...'" ,....: .;.;::.:: ZOOJ 0: ~... zO _z << !~ 12"- ~~ ffi~ ~lC wQ j:~ . ...iffi mOQ ell"'''' g!~ .. --z - ::ns- o '" )00 ~~.., -o~ z ",,..:: o <cr!~ ~ ~~;i ~ "..,- '-' Ei;: 'I( :.r.OZ c=< > 4;.-:: i;; ",,,,,... < :=;;:....Iu.I .. ~~! c ~~ $_ wo... ::: -' ..- !-UJ=:l -< > oc::. Z !-:J.l.... -< o.~Q ... ;lc!:l ~ ~8~ ! .;! u W.I.I .. OQ~ i . !I~~ .w ~~C:C lIE !!!Q::e~ '" "';!"'z DI w........~~ >g,; << ;!~ H~~ ~'" ~h~ ..' .' ~J:~ i3 :;< :a~ - - ...;is "'~ ~~ ::: ;.. z'" <5 ~S ...::> -'j: "':::> ~... ",- 01;; z <- ;.. ..- o~ w" ~:s \!!'" !a! ><.. wo h < ~! li<i~ wlSi5 l:!W;l ~i~ :5 '" - ~ ;; ~ >- < ::;: ::l o ,.. '" .. '" ::i ~ - ,.. 1= .. ::l '" ,., z < '" <' .~ is W ... W i: '" ~ ffioi ~ :::'" ...0 ~ oj5 l: >... tJ zw ~ <~ Q ;> r: ",'" .. ",z '" ~e ~ 12< ~ :; o > I ! ".l''th' , ~ :< < ... ... ~ ,. ,. '!' ;;: '. z ;> .. .. '" ~ :::; z ~ < " i!O iiililtl.;!it 1ali! II Ht ,: 11: I .' ;!I:I.'t~',"~ -i It. .tJ. I.ii. .': ;."v:i U'.JefJl '8!!:! '" Jl .alil ",I.',-;d ~illJ!!~ ';~~iIGl' I~ll 'iflu~ ,. Ji","~j f1lJli;1 i~i~ ~ li~; ~ffi~i! I ~jl ~ J I J! J ,h ~ 1:11- i = J . .. -I I · >;,!!t JJw1i-'.e' ~s I 'Ji "it .fl j ;lti: -I~ I~; 1 t .. 'lllll 'i~! !~lf ~!II '!f! il;tl 11.11 lIt! ~~: - I~ j1h.j ~jiji 1.I!i'i~:1 u:. fJllf. :il:!J}ji j;~~ )~!i. ~!Jtl~lf il i~"~~f ! !t .,11 U U /~ <.l!!.=e~~:t"i ...i...... 'oIJ...fj!!:u "'~~ . . ,. ~".. ~t\,\\e\1 A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P,O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS ofNortheastem P A 1631 South Atherton St, Suite 100 State College, P A 16801 (814) 238-3668 FAX (814) 238-3669 eees of Northeast em PA 201 Basin Street Williamsport, P A 17703 (570)323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Street POB 1127 Wilkes-Barre, P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite 1 Clarlcs Summit PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 4554994 HazellOwn FAX (570) 455-5631-(Call Before Faxing) (570) 8364090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 4594581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20lh Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 eees of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N.6thStreet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243-381& FAX (717)731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle SI. Gettysburg, P A 17325 (717) 334-1518 FAX 334-8326 PENNSYL VANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 '~lBITA ""C""~'_' ""''''!'~", ,_,_ c_ "- ALL thae certain piece or parceJ.. of land, situate in che Township of Hampden, County of CumberJ.and, ConmonweaJ.th of Pennsylvania more particuJ.arly bounded and' descri.'bed as follo","s to 'w:i.t: BEGINNING a t a poinc on the EasCern line of Pawnee Drive at the divi.ding l:i:oe between Lots 1 and 2 as shown on the hereinafter mentioned pl.an of Lots; thaoce along the Eastern 11ne of Pawnee Dri.ve N. 19037'30" W. a distance of 68.38 feet to a point; thence continuing along the same by a curve to the left having; 8: radius of 275.00 feet an arc discance of 55.16 feet to a point on the southern. line of a SO foot. 'w:i.de l? _ P. & L. rignt-of'-"",y; a130 being the line of l.ands of" che common open space; thence along said J.ine and the southern line of said, right-of-way N. 49040'51" E. a distance of 123.48 feeC to a po.inc at the dividing line between Lots 1 and Z; thence along the dividing line bet~een Lots 1 and 2 S. 19037'30" E. a d:Lstance of 166.81 feet co a point; chence continu:i.ng along che same S. 70"22'30" W. a d:!.seance of 110.00 feet co a po:int on the Eastern line of Pa=ee Drive, said poine bei.ng: place of BEGINNING. BEING all of !.oc 2 as shown on the final subd:!.v:!.3ion plan of Sleepy Hollow P.R.D. Phase 1, recorded in plan book 55, page 44. CONTAINING 0.3712 acres. THEREUPON erected a 2 story brick and vinyl sided dwelling known as 502 Pawnee Dr:!.ve, Mechanicsburg, PA ~7055. BEING the same premises which R S Se:l:Vice Corporat:l.on, Trustee, by deed dated November 12, 1992 and recorded December 3, 1992, :in Cumberlal'lCl Couney Recorder of needs Office in Deed Book A-36, Page 31.6, granted and conveyed unco Sealove:c Co~strucci.on Co. Inc., Grantor herein. UNDER ANn SUBJECr co the Declaration of Covenaots and Restricti.ons for Sleep,1 Hollo,"", .mich covenants and restr:iccions are dated February 16, 1990, and recorded February 21, 1.990 in the Curnberla..,d COUrlcy Recorder of Deeds Office 1n ~scellaneous Book 376, Page 567: PREMISES ON: 5Qii-AME ROAD, MECIlANICSBlJItG, PA_IlQ55 VERIFICATION TERESA SWITZER hereby states that she is SECOND VICE PRESIDENT ofPNC MORTGAGE CORP. OF AMERICA mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. tl~ DATE: ///7!oo 'TERESA R 2nd VICE PRESIDENT '>:~"'-r~~"""^ , " ~ ~ ~, n (- "'" j/rY::' i.~:., );; ,j :2: C) j,;C (- :2: -~ -<;' (:J C;J ,- ~'rf :;r:c:: c) T;::::: ".:'..1 -- ';;-;';1 (~-'(~~ \3{'-fI S;! ::0 -" C,,} :~~r. ~.'''' so t::- '-J ~ ~ j \0 '" -l:: ()1~ !'\ \ . B ~. (F- e:. d t PF: f '- ;::; ~ '" '-" "" '<:? ..... "'- '\:\ ,':'" - _.1. ,~ ,~~IIIl'~~l!!'II~""'l';'f.l~flfl!ilj'!~I.m;__ml"'l'it~lOOll~~~-~Ji!'-*'I"i'';"':'''''''1~;':'''!'~'l''I-:o~,rj~f';P'l,t>''Wi''P'11~t,1,:j'le'f!iffl'_\~"'''''''*''~i'''iH,"r,'?-'''1'>'''''''l''Gb!'l"l'-l!f1&!'~~ AFFIDA VTT OF SERVICE PLAINTIFF PNC BANK, N.A., F/K1A PNC BANK KENTUCKY, INC. CUMBERLAND COUNTY No.00-79B7 DEFENDANT(S) ROBERT F. ROTH CARYN G. ROTH Type of Action - Notice of SherifPs Sale SERVE AT 2015 HARVARD AVENUE CAMP HILL, P A 17011 Sale Date: JUNE 6, 2001 SERVED Served and made known to C? j\ 1 tJ G, (('" ~'" , Defendant, on the 10 &-l day of M ,,(tCh. ,2001. atq;'-b ,0'c1ocki!.m.,at :J-<Jf~ Ho(Zv;:;.rd- A\[~., C-o.\Mf l-MI ,Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family memher with whom Defendant(s) residers). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) residers). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: '2~ cr_" L F Description: Age~ Height~ Weight~ Race~Sex_ Other I, cl ~,(~ 1-'(" L. (9.-a. -\ '/ ~ ;fo~~etent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy oIthe Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sl~i$r:bed befor me is day of ,200J., Notary: 1, NOT SERVED f1 " On the ~_~day of ,200_, at o 'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Othet: SWOn1 to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Snite t400 Philadelphia, PA 19103 (215) 563-7000 .", I " . " ~ 'I\' ~ ~ ~~l(.,," "'~"~""' ,_ ~~!I\liL"'I)Wtlii'\'ID__JIIlI!l1!I1I!!'1W1'f:;;:~~ ,y-~~~~~li!"~;'liil-':1'J"'i',",;i>I%,'''".;f>. "*--"_c<;"''''<';P~!cV:"<'-',t'f;m1~''',''in''1.~_c-r"",,,_,,",,R:mr;1-'(8'l,'i~:c_~-:;;-.[1"""~"if."T""P~i~~rv _fl' (') 0 ,- ~ ~ -00.:' nl['i" '::'-0 Z:C , Zr~' ~3~: I.D _'"J _J~:) r:::1:J -C1 " ~o -"/'. f;}~ )>8 ~ ==; ~ U1 '1> :::0 <=> -< ''I' ~Iil ,'I:Tl AFFIDAVIT OF SERVICE PLAINTIFF PNC BANK, N.A., FIKIA PNC BANK KENTUCKY, INC. CUMBERLAND COUNTY No.00-7987 DEFENDANT(S) ROBERT F. ROTH CARYN G. ROTH Type of Action - Notice of Sheriff's Sale SERVE AT 2015 HARVARD AVENUE CAMP HILL, PA 17011 Sale Date: JUNE 6, 2001 SERVED Served and made known toRo 'p~ ~ f, {(t:, {-~ , Defendant, on the I rJ J~ , at '1:f),~ ,o'clock~.m.,at C),of ~ ;{orJ~rt.<i Ave., ) Co."", r 1/-:1/ day of ft1q.rr.c'vr ,2001. , Commonwealth of Pennsylvania, in the manner described below: >< Defendant personally served. . Adult family member with whom Defendant(s) reside(s). Relationship is \I'J,,f' e. Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. . e:a-f:~. '/ N ~ D {L." Other: Description: Age .2.i." Height fl'f Weight I :7 6- Race eN Sex L Other I, C I-OKel"c,," h, C'a<t \tf, ar~~etent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~;/ti!irJ- Sworn to and sup~qribed be1me~s../.kl:t:::day ~Ob~[)i9L~ On the _._ day of By: Moved Unknown Nota~SERVED Stacy L. Heefner, Notary Public ~hambersburg Bora, Franklin Co~mty. MVCpilJlifllsion8<oi"'" '''9 ,,~tllll1ck +.m, Defendant NOT FOUND because: Member, Pennsylvama ASSOCIatIon of Notanes No Answer Vaeant Other: Sworn to ant? subscribed before me ihis _ day of , 200 _' Notary: By: Attornev for Plaintill Frank Federman, Esquire - I.D. No. 12248 One Penn Center Snburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 "'-''''1''- .".,-~ ~ - ~.. .,.~" ~ , .< ~. . .~. . h" . .... '~ii'"'" j"'T~~" T"i"1J[ 11lflC"'T'lf"i;'TIi 0 C) C) C s: " '"Om ,,--'~, mrr~ :';'~,>I Z~.J,/ ;:::i-J c-~ zr"" c,::} (;'))> CD -:::2.. r::c.. ~_~ S~~~ ~ .~ -0 zC -10.. {,j;EJ )>0 w :C::. ;~'r~~ c: C.t :z: ,-, =< (.J1 :D 0 -< " ,~ lftr1!$!~.."L ~ _ .""'I'''.'''.''~~ ~"iI\ll ._",..~","""'1'~!'~~"~''eW'_I'''H$''~fW'!,'''PMi''f .ok,'" -,~ ^0"" '-'W"'j"'f_-8-"""--,*1'j'"i'!'~~'''1W;'2'''f~''''''')ilf'jl''I';r_~~1~''%''''H":',;W,Q<\J1;r'0fJ;IF.l'l\'ie!omlWl!llIII!!liffiiHf .~ "~r . ANGELA L. GLADFELTER, a Minor, by BETTY JEAN GLADFELTER, her Guardian, Plaintiff/ Petitioner v. PHILLIP E. PALMER, Defendant! Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 00 -7fA1 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Angela L. Gladfelter, a minor, by Betty Jean Gladfelter, her guardian, to proceed in forma pauperis. I, Melanie Walz Scaringi, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. l!!:f //l~~ 0~ /77.-1-/ Mel e Walz Scaringi I Certified Legal Intern ~ L "L RO T E. RAINS '" THOMAS M. PLACE Supervising Attorney TERl L. HENNJNG Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 , ' ANGELA L. GLADFELTER, a Minor, by BETTY JEAN GLADFELTER, her Guardian, Plaintiff! Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. PHILLIP E. PALMER, Defendant! Respondent NO. 00 - CIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my fmancial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs oflitigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Angela L. Gladfelter, Betty Jean Gladfelter Address: 80 East Main Street, Newville, Pennsylvania, 17241 Social Security No.: 196-64-2358 182-60-3041 (b) Employment If you are presently employed, state Employer: No No Address: Salary or wages per month: 0 0 Type of work: unemployed unemployed If you are presently unemployed, state Date oflast employment: 10-27-00 (1 day) 1998 Salary or wages per month: $5.75/hr 6.25!hr. Type of work: Dishwasher JFC Temp at Ross's (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: "'.~ "~--~'" '" ,,' Pension and annuities: Social security benefits: Support payments: -0- $170.00 (for Angela and Deborah) Disability payments: -0- $512.00 (for daughter Deborah) Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: (d) Other contributions to household support Name: Robert Repetti (Mother's Boyfriend) If your (wife)(husband) is employed, state Employer: TR Construction and Aqua Blue Pools Salary or wages per month: $200.00/month (contribution to household) Type of work: Subcontractor Contributions from children: Contributions from parents: Other contributions: (e) Property owned Cash: Checking account: -0- $2.00 Savings account: Certificates of deposit: Real estate (including home): Motor vehicle: Chrysler N ew Yorker Cost, Amount Owed $ Owned outright Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: $414.00 Loans: Other: ($100.00, water & sewer; $117.00, electric; $48.26, car insurance; $100.00 groceries; $32.00, telephone; $75.00, child related expenses) (g) Persons dependent upon you for support Name: Children, if any: Name: Angela Gladfelter Age: 16 Deborah Schill 11 Other persons: Name: Blake Gladfelter, 13 months Relationship: Grandson through CYS) Joshaua Palmer, 9 months Relationship: Grandson ~Tf,"" ~ <_ ^ .' ~ , - r I~ ~c -, "-, . . 4. I understand that I have a continuing obligation to inform the court of improvement in my fmancial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. '4904, relating to unsworn falsification to authorities. Date J (- 7 -DO (1/:;!E-/(AIod/ffA Petitio er f' , '. """'f~ilI ."', _ ~ 'M , " - -"..''''''''''~"'. . t, , "' ~ C") C .:?' l~:: (/) t., J:$ ~.~~ ~.: ~~, S:Cl 5~c5 <;:; :!< ~ (,c. ~ 1>; :::> "-.J "- '-', <.:J C ;,.. (5 r~ ..J -',"1 .1 I Co ;(.J] r-- ",--,fn __{X' _._:; ;-r~ t~tr;~ -];! .:IJ --c ~ ~ ,< ""'~~~~~~~-'!'i~$'~,"!~~~'.jf<'~~ii'.i "'''T,''''H-''';"'~~''-r'''h" "_'-.l"~,~_e1,,,,g~:!''Il''',''f.!~;9'i'~"~'';q<''''W''"'V!F'''''',!,\'-'''l--'l'l'''il"iI'!'f1~'~'!I! c""~'"::' ANGELA L. GLADFELTER, A MINOR BY BETTY : JEAN GLADFELTER, HER GUARDIAN PLAINTIFF V. PHILLIP E. PALMER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7897 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 17th day of November, 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on the 12th day of December ,2000, at ...J..:OO p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five Qr older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. jj? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable acconunodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~-"~- " ~- , ,- ~~_>i:!k"J""~,c:,'"1il;'i~'''''',c,f"Wa.l_d~~i,".J..i''''$<_",,iI.;iI~'';;';I~;',,"''','''')"""-""",,,,;;<:ilt'.ij;U","i'U'_jh'''';;!M~,~,,,,~~;t;j~Iii,~_~t!ri!l,jj;#~~..,lli,~~~li!<I!YIllis,,,,,,".,,,,,",,,,,,,,,.,o;,;,,","""~I""'="'~lj"'I'.;\&I!<iIOl~iJII1l -~ / f. dv1 00 Ir. d(1 -tJtJ II- J;) -Ct? <<1J;iU1HrI!! J . - ~~"~, fJ(' l,~ 22 t'n ~): I' Q '. - C' !',;c".[ ..... . ''-II'.L.J._.i: .I:",")i) ('ni II\fT$' ,...".,,~ ," V,,~U ~ I j.Ji-I'!\iClV!\/I$."^ -" 'Ill "~), ~.IJI11\;rri tV- ~ /Vl~ d ~y. 71~ ~ ~ Y#~~- C'~ ffi~ 4; 4 ~~ - ~, ", '", ffi ANGELA L. GLADFELTER, a Minor, by BETTY JEAN GLADFELTER, her Guardian, c; -'V' :IN THE COURT OF COMMON PLEAS diOV 1 3 2ann \ :CUMBERLAND COUNTY, PENNSYLVANIA ~. Plaintiff/ Petitioner v. : CIVIL ACTION - LAW : IN CUSTODY PHILLIP E. PALMER Defendant! Respondent : NO.tl?-7.f9bVIL TERM ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, on the day of , the conciliator, at , 2000, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. '"~l,,_t - ANGELA L. GLADFELTER, a Minor, by BETTY JEAN GLADFELTER, her Guardian, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff! Petitioner v. : CIVIL ACTION - LAW : IN CUSTODY PHILLIP E. PALMER Defendant! Respondent : NO. CIVIL TERM ORDER OF COURT You, Phillip E. Palmer, have been sued in court to obtain custody of the child: Joshua Lloyd Palmer, born January 31, 2000. You are ordered to appear in person at .m., for: , on , at a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Date: BY THE COURT: 1. 5"i\1InlJT, ^," _ ANGELA L. GLADFELTER, a Minor, by BETTY JEAN GLADFELTER, her Guardian, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/ Petitioner v. : CIVIL ACTION - LAW : IN CUSTODY PHILLIP E. PALMER Defendant/ Respondent : NO. ov-1rr1CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Angela L. Gladfelter, a minor, by her guardian, Betty Jean Gladfelter, by their attorneys, the Family Law Clinic, set forth the following cause of action for primary physical custody of Angela Gladfelter's son, Joshaua Lloyd Palmer: 1. The plaintiff is Angela L. Gladfelter (Mother), a minor residing at 80 E. Main Street, Cumberland County, Newville, Pennsylvania 17241. 2. Betty Jean Gladfelter is Angela Gladfelter's mother, also residing at 80 E. Main Street, Cumberland County, Newville, Pennsylvania 17241. 3. The defendant is Phillip E. Palmer, residing at 26 S. High Street, Cumberland County, Newville, Pennsylvania 17241. 4. Angela Gladfelter seeks custody of the following child: Name Present Residence Date of Birth Joshaua Lloyd Palmer 80 E. Main Street Newville, PA 17241 The child was born out of wedlock. Jan. 31,2000 The child is presently in the custody of defendant, as defendant has refused to retum the child after a visit with him. Since his birth, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Angela L. Gladfelter 80 E. Main Street Newville, PA 17241 01/31/00 - Present -;!;~ ';- .- Phillip E. Palmer Betty J. Gladfelter, grandmother 01/31/00 - 10/24/00 01/31/00 - Present Robert Repetti, grandmother's boyfriend Debra Schill, aunt 01/31/00 - Present 01/31/00 - Present Blake I. Gladfelter, cousm 03/24/00 - Present Barry L. Gladfelter, uncle 10/15/00 - Present 5. The relationship of the Angela Gladfelter to the child is that of mother. She is single. She currently resides with the following persons: Joshaua Lloyd Palmer Betty J. Gladfelter Robert Repetti Debra Schill Relationship Plaintiff s son Name Plaintiffs mother, child's grandmother Plaintiffs mother's boyfriend Plaintiff s sister, child's aunt Blake I. Gladfelter Barry L. Gladfelter Plaintiffs nephew, child's cousin Plaintiffs brother, child's uncle 6. The relationship of defendant to the child is that of father. He is single. He currently resides with the following persons: Name Angie RelationshiD Girlfriend 7. Neither Angela Gladfelternor Betty Jean Gladfelter has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Neither Angela Gladfelter nor Betty Jean Gladfelter has information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. ~"''''r,... ~_, " ~ " ,~ " ~- ,J Neither Angela Gladfelter nor Betty Jean Gladfelter know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The child has lived with his mother since birth; b) Father removed the child from the status quo; c) Father has a history of abusive behavior toward Mother, in the presence of child; d) Father abuses alcohol in the presence of the child; e) Mother has been a primary caretaker of the child since his birth. f) Mother is better able to provide a home with adequate moral, emotional, and physical surroundings for the child, whose best interests would be served by an award of primary physical custody to Mother. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Angela Gladfelter, by her guardian, Betty Jean Gladfelter, requests the court to grant to her primary physical custody of Joshaua Lloyd Palmer. Date:4/~ .ft1~ Wa4~(r Melanie Walz Scaringi / L U Certified Legal Intern ~L~/ T S M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 '<cr>lf'''''11'>,. 'f ~r' 1 "" ,'-,~~ . . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: //-7-00 B~~Ldi1H/L ',- ","",,' . "',~,wf ~_, . . . VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: I \ - "1- 0 0 . I )~, ~ ~ k ~ ~ '.:; , ) ~ () c "". [Rtf! 2:':x; 6i !;: :-< -.' r-'F, ~"-"' zc> j:; () C ;c ::<. "". . . . ". C:, c:) ~'";;e r:::) "~ o -" -.~ -j ::'-:1 ,- :-.-::1 ; ~'~J "-J >:,-i,(:' _ _..'i ,~'~ '"h =< , (~ W'YJ ~'_,;:.. f0." .;J :::;, .~ ,,~ ~~f~1'!!11II~'!ffl!"4~~~-';!""';~~~~'r'!!'Ilflit'-c'n'''''-'$-i>>'''''_-''"!''~<1-'!''?Y')'''''"I'l",'ri'''",,;;r4';!t''''''l<'r,''''''Ff'''il"f''f!'<;'i''-~'~il'['\''f[~~~~"'rJj"""_^,,,_,,,,,,,,,,,~ afNf.l1C , SHERIFF'S RETURN - REGULAR . CASE NO: 2000-07987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS ROTH ROBERT F ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROTH ROBERT F the DEFENDANT , at 0013:45 HOURS, on the 29th day of November, 2000 at 2015 HARVARD AVE CAMP HILL, PA 17011 by handing to CARYN G. ROTH (WIFE) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 ~~~~~t R. Thomas Kline 11/30/2000 FEDERMAN & PHELAN Sworn and Subscribed to before me this js'.:e day of ~;lt;zri) A. D. * C, 7'h~/I,. ~ UfiZi Prothonotary By ~d'~~ puty S eriff ,-0, "^ -~ =, ~ . I~) . SHERIFF'S RETURN - REGULAR . CASE NO: 2000-07987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS ROTH ROBERT F ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROTH CARYN G the DEFENDANT , at 0013:45 HOURS, on the 29th day of November, 2000 at 2015 HARVARD AVE CAMP HILL, PA 17011 by handing to CARYN G. ROTH a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~ ~<~, f; ~ ~'- R. Thomas Kline 11/30/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~r~~ D puty S ri f me this /5''8 day of ~;2.Jmi) A.D. ~f1.~ ~ r thonotary , '-."'!if"" ~ . '" ~ " FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PNC BANK, N.A., F/KlA PNC BANK KENTUCKY,INC. 539 SOUTH 4TH AVENUE LOUISVILLE, KY 40202 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. ROBERT F. ROTH CARYN G. ROTH 2015 HARVARD AVENUE CAMP HILL, P A 17011 : NO. 00-7987-CIVIL Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against ROBERT F. ROTH and CARYN G. ROTH, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 11/1/00 TO 1/4/01 $99,974.78 $1,283.10 TOTAL $101,257.88 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~~ ?--I. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: I/C:/()f (J~~) j/ PRO PROT **THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ":r::~-1 , r_ 1 l 1 , I I. I , I , 1 , I"~ -.'~ , ~- ~ , ,. FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 PNC BANK, N.A., F/K/A PNC BANK KENTUCKY, INC. COURT OF COMMON PLEAS ATTORNEY FOR PLAINTIFF CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY ROBERT F. ROTH CARYN G. ROTH NO. 00-7987 CIVIL TERM Defendant(sJ TO: ROBERT F. ROTH 2015 HARVARD AVENUE CAMP HILL, PA 17011 DATE OF NOTICE: DECEMBER 20. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ~ c .~ h - FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 PNC BANK, N.A., F/K/A PNC BANK KENTUCKY, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY ROBERT F. ROTH CARYN G. ROTH NO. 00-7987 CIVIL TERM Defendant TO: CARYN G. ROTH 2015 HARVARD AVENUE CAMP HILL, PA 17011 DATE OF NOTICE: DECEMBER 20. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ,t; ~ ^ <, q. ~ "0 c,.." ' > .__" "r'_ -~, . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PNC BANK, N.A., F/KIA PNiC BANK KENTUCKY, INC. : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-7987-CIVIL ROBERT F. ROTH CARYN G. ROTH Defendaut(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant ROBERT F. ROTH is over 18 years of age and resides at 2015 HARVARD AVENUE, CAMP HILL, P A 17011. (c) that defendant CARYN G. ROTH is over 18 years of age, and resides at 2015 HARVARD AVENUE, CAMP HILL, P A 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ ~-L FRANK FEDERMAN Attorney for Plaintiff - ~"^ ,'" .... - . (Rule of Civil Procedure No. 236 - Revised) PNC BANK, N.A., F/K/A PNC BANK KENTUCKY,INC. : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-7987-CIVIL ROBERT F. ROTH CARYN G. ROTH Defendant(s) .,' Notice is given that a Judgment in the above'captioned matter has been entered against you on JANUARY ..s .204- . . . .: . J3X.~6 -.~Q~~JDEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** O''''"c "f ' ~ ~~. , " ,"',--, .- --- ~ N () ~ ("\ ...c ~ 8 . l \, n 0 () 8 c: -'I'] '" '" :2'" c__ 0- - ~ -o~"; :'-.... -l:: Sf!. ~:; " J '. .ta I ..c UiT~'~ {- . tr "'v ~.,~. ,., t, '-..J ~ ,- #~':! X ~",- ~ .', 5S~ r:-? .'/ :::' ''j -, OJ rnn '1 ~. I i'l . ~.- w~ .1, !~~~l1mIl'll!!l"f~'~~_,~~~~~llilJl"t',~!l;__-":>".""'O"-i>''''-'Ff',;;!'>""or!>'''''-~'i(','''_ijm~'!~~f.o:ti~_'r'fW'!'C'~!l!'!llfP.''Jj(IF''''',]'i'''ff",W;i'!,"",f~'Wif'lP"I(t'!~~',lH\:' .;l\"'!1" _j ~ , . . " PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 GMAC MORTGAGE CORPORATION OF PA Plaintiff, CUMBERLAND COUNTY v. No. 00-8879-CIVTL MARIBETH CHUDYK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due ~3i~;:~/ Interest from 2/5/01 - 6/6/01 $1.410.86 and Costs (per diem - $11.66) $72.317.78 TOTAL ~~m~ FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff - Note: Please attach description of property. No. l/)~If bJ, Uld-~-eS~ 'i- Or. {!,urlt fit L PA I7tJ/j , r' ,. . - ,-., ~ .", ,',,",,',"", "",~",,,,-.'"' ,~, - - ,~ "'-"~"""_<.;;,,.^..^___.,"~C; "'~-^'-'"~'~ 111111 IIi # . ...:$ ... z o~ 0 0 ~> z. ... Eo< ~ ~~ 0 ~ > ...loo ... u ~ii1..., -d ~z ~ ~ ~--- 0) Zz >< ~ ~ i:::: ><~.... ~ o~ ~ ~ = .~ ~Eo<~ 0 0 '" 1: '" ~~ ~ ~ ... 0 ~~.... 0) ~ 0<S .~ ~ ~ ~ oj u~~ .D - o~ 0 u .. ~ iO' 0 Eo< .. 0 u-< .; ~ ~~ .... ~ Eo< ~ S 0 UZ <B Eo<oo~ N ...~ ~~ .. Eo< ~iJ...l '" >> l:l 5^ 00 iJ ~ 8 ~zra Eo<U ~ ~ ~~ ii10~ ~ ~ 01:: 0 "'" E-< ~~ ~ ... 0 ~ -<...l ~ ~6 ~~u 8S 0 ~ ~ ~ ~ ... 0; u ~ '" ~~ u ~ -i:i ~ =~ -< ~ Eo<~ 0) :;] - ~ .~ z~ ~ ... ...u ''!'4I ~~, _ ,m"",,,~_~~'l<'ltf\t'l\!I>M:M""'!1!iFP"%\''''~''-''11i_~'l!I!iI!'ffli'~',,...,,,,'m''~ri1'~"'_0':ti;' "Vi}^;".<-,"'-,':n',-'_j"'Nf~;,_;,.;""--\';'-1,".'-i~'W~'P:<~H",'%'-r",!"-~""~')_'!',W_IV'""'''f;,_.",!'~I'--'I-Wi1l'f''""""",~m(~i~lifW!AA-W'i'i' J- · DESCRIPTION ALL THAT CERTAIN piece or parcel of land with improvemems thereon erected situated in the Township of Middlesex, County of Cumberland, PelUlsylvania bounded and described as follows: BEGINNING at a pin on the Southern side of North Middlesex Drive (T-499) at the dividing line between Lots Nos. 1 and 2, as shown on the hereinafter memioned Plan of Lots; thence along said dividing line between said Lots Nos. 1 and 2 South 17 degrees, West a distance of One hundred Seventy-five (175) feet to a pin at the line of lands of Ruth A. Clemson; thence along said line of lands of Ruth A, Clemson, South 82 degrees, 42 minutes, 20 seconds East a distance of One hundred (l00) feet to a pin at line of lands of Raymond Smyser; thence along said line of lands of Raymond Smyser North 17 degrees East a distance of One hundred Seventy-five (175) feet to a pin on the Southern side of North Middlesex Drive (T-499) first mentioned above; thence along said Southern side of North Middlesex Drive (T-499) North 82 degrees, 42 minutes, 20 seconds West a distance of One hundred (100) feet to a pin on the same at the dividing line between Lots Nos. I and 2 as shown on the hereinafter mentioned plan of Lots, the point and place of begilUling. BEING Lot No. 1 as shown on the subdivision plan of property for Ruth Clemson as prepared by Ernest J. Walker, Professional Engineer, on April 24, 1972 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, PelUlsylvania in Plan Book 23 page 109. BEING improved with a dwelling house known as 154 West Middlesex Drive, Carlisle, PelUlsylvania. RECORD OWl'l;'ER TITLE TO SAID PREMISES IS VESTED IN Maribeth Chudyk, single person by Deed from James F. Goodman and Barbara A. Goodman, husband and wife dated 1/31/96 recorded 2/2/96 in Deed Book 134 page 753. .>'- ., :f.;~ ,,, ~ -" i. _," , . ~~ ~- 'IV tv" ~ 0'\ ~ \",' , ~T ^^,,----,-- '" i I \,~I~ \', a. ~ ~ . ,....... " <::--. J -~ 1 ~ ~ ~ ~~~_. \') t:1 ";"- "0'- ._q. 4 ... (0) ~ ~~ -";< ,-..J ., (.~'" ,. :51 .~ ~ ~~u ;Z ~ ~ r o \- 21 r- KJ€ 0'1:- ,,,,_ , _ ,_~i~\fil~~~"F~~~!~~"f'i,j~'~r)l!lK--'-r'''''o';.T''''''i~J,''I'I!^~'"i:l!i:l}'>i'~'!"F\'ffi"'miit'li'lHm-Ff1'>t~"''I!~''''~';;~-''-'l'''-''''!1l"f.''':I'!'"Jf.''ll~~~"""l~If~W, 't GMAC MORTGAGE CORPORATION OF PA CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARTBETH CHUDYK CIVIL DIVISION Defendant(s). NO. 00-8879-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) GMAC MORTGAGE CORPORATION OF PA , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the folIowing information concerning the real property located at 154 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARIBETH CHUDYK 26 LONGSTREET DRIVE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None '~", ','j ,:,.,,-.. 0,1 ~ . 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Alliance Funding Co., A Division of Superior Bank FSB 135 Chestnut Ridge Road., Montvale, NJ 07645 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 154 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. February 21. 2001 DATE /};(~ ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . <""t -'T " ^_>r--=r 'V'" ,..",.," " ~-", ~->"". - -" ~"~ ~. ""'". "~"'." -j! , '" C) c: ;-::.: -r.,- r{lt' ' ~::!- (!J?~ ~l= "'~;: c:: ~:::C,: ..)-' ~~; :CJ -~ C'i -''I':l :;-; "-" ~: --' l~'J)I;\'W;,'-"',>r~'MC'L"~~,_.~~.~~M!"m!f!~~l"Iil'li"'''f''\''''f'!l~<\IJ~1'lm!f.{!I~l"~!~~~"l!'~_1"'~.i!M]hli:'!ff;jiriP,",c;;"'-"'1'-''''?<!~'~f'''''''''ji;J-~'l"_'!"i""ln0'1-'r;;""~"-"; ,- ,"-",F{)F"'''pl,''-';r''-~;'-",--,,,, ",;",,;,-'~~"&~'llm"R"l~_'ffl1'P.~~m,t: FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF GMAC MORTGAGE CORPORATION OF PA Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DTVISION MARIBETH CHUDYK NO. 00-8879-CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ ' . """ " . . '-~^' .. -~ "'~'" ~ ~. ." ..,-~ -:1;' .. !""iil"" ~-. -~-- " ;~~:-. (-' .' ~" C) c-=-, ->~ -" IIUJJIL '., "n C' "C' :_.n ...J 000 ""~~ -,>;-.";~"_~."""",,,.."=,- ,~~""<:ll!~!kW~I<:\(ffi'ffl!;l;?'!I<~mI_"~"~'l';'l<)~E;l'''''-''I}illl'''''.!<W'''>J:'WI''''''l~_'''!f''Iii!!i'Wl'~..-="""_,~.,,,'C "-"'~'f',;':sm'T"'~';~'"'-':;f'\"'''''~''~~'''M0--f:''' 'S'___,""~"",~-;:I",,,,"w_,T,;e"'''''ff "_C'!'m1;c"'et"fif1$'~i'J.j''''"rn~ GMAC MORTGAGE CORPORATTON OF PA Plaintiff, CUMBERLAND COUNTY v. No. 00-8879-CIVIL MARIBETH CHUDYK Defendant(s). February 21,2001 TO: MARIBETH CHUDYK 26 LONGSTREET DRIVE CARLISLE,PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 154 WEST MIDDLESEX DRIVE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 6. 2001 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by GMAC MORTGAGE CORPORATION OF PA (the rnortgagee) against you, If the Sheriffs sale is postponed, the property will be relisted for the September 5. 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You rnay 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. :"'''''~"''''~~r v You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 I 5) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate cornpared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriff the full arnount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You rnay also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL TH.\ T CERTAIN piece or parcel of land with improvements thereon erected situated in the Township of Middlesex, County of Cumberland, Pennsylvania bounded and described as follows: BEGINNING at a pin on the Southern side of North Middlesex Drive (T -499) at the dividing line between Lots Nos. 1 and 2, as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between said Lots Nos. 1 and 2 South 17 del!rees, West a dist:lnce of One hundred - - Seventy-five (I75) feet to a pin at the line of lands of Ruth A. Clemson; thence along said line of lands of Ruth A, Clemson, South 82 degrees, 42 minutes, 20 seconds East a distance of One hundred (100) feet to a pin at line of lands of Raymond Smyser; thence along said line of lands of Raymond Smyser North 17 degrees East a distance of One hundred Seventy-five (175) feet to a pin on the Southern side of North Middlesex Drive (T-499) first mentioned above; thence along said Southern side of North Middlesex Drive (T-499) North 82 degrees, 42 minutes, 20 seconds West a distance of One hundred (100) feet to a pin on the same at the dividing line between Lots Nos. 1 and 2 as shown on the hereinafter mentioned plan of Lots, the poim and place of beginning. BEING Lot No.1 as shown on the subdivision plan of property for Ruth Clemson as prepared by Ernest J. Walker, Professional Engineer, on April 24, 1972 and recorded in the Otfice of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 23 page 109. BEING improved with a dwelling house known as 154 West Middlesex Drive, Carlisle, Pennsylvania. RECORD O~"ER TITLE TO SAID PREMISES IS VESTED IN Maribeth Chudyk, single person by Deed from James F. Goodman and Barbara A. Goodman, husband and wife dated 1/31/96 recorded 2/2/96 in Deed Book 134 page 753. -\\, w - ~.~~ ~~~>" ~.=","~~~l"!iI~_'Wl\"~'~~""~~<Jlr~,.~"""rJf""1r_''%'!>'I,:,''_C''''''''''~"-'i"l!1!",-","",>";,-"'-'''''''''~~''''-"r'v_''_:')<_''''''t,.,.,-,,,,,,~"1''W,)'1"'-1"~0'''IlH''''-,!lf-''!~-'"!~~~ , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PNC BANK, N.A., FIK/A PNC BANK KENTUCKY, INC. Plaintiff, CUMBERLAND COUNTY v. No. 00-7987 ROBERT F. ROTH CARYN G. ROTH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $101.257,88 / Interest from 1/4/01 - 6/6/01 $2.547.45 and Costs (per diem - $16.65) $103.805.33 TOTAL /Y~~~ FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. 50 L -Paw/t CL K()~ 1Vt-e~t-s~ (1q l7u6T ;1f;;""'''T~ ~ 0 .. ._~ . -" -, _,_ ,~. "__C;' -' .,-, ~ ~="'.-- -~ ~ ~.- ~ , ~ ~ ~ z.... ~~ =-<.... Eo<~-< o ~ c::: ...s d~g ~=~ ...;$ z ~:!l~ o~ 0 u~u m> ~ ... ~~ Eo< E:J ~ ~ ..;;!m U z.... -d ~z Q:I ~~ ~.... Q) U 0 C Zz == it:: =>1-- o~ z' ~ = -<.... Q) Q ~U Eo< Eo< '" '-@ <Il ::g~ -<~ ~~ ... 0 Eo<~-< Q) < ::g ~ 0"" 'OJ o ~ .D o~ ~ . Q,l p:; c::: . . ~ 0 ~~ ..: . Eo< .. . >..;;! 0 .; ii!~ .... ... ...;;! s 0 uz ~ <8 N ...~ ~U ;- ~~ ~~ ~~51 ~ ~ .~ >> 00 a U ~Eo< ~c::: c:::~ ~=~ g. ~Q Zz ~-< ot: 0 Q:l1Fl Po f-< ~~ 0 ~ 0.... c:::U ... 0 ~ o~ ~6 c:::~u Usa -< ~ ~ Q:I ... U <Il ~~ <Il U ~ .;,; ~ ~ =Q:I Z Eo<::g Q) ~ - z~ ~ ii: ~ "'u .. ~" ~''''__ 1lII.llfII!_~~!!F"lI~lI'~_j_""l"I'lIIlnf;r:;!,\~ 1'l'3_ _ "l'l/i~~~III~t"<'~~~~~T~"'"N,}M"'W,''"T,,,,,,":,'''Y~'','l'''fF''_''''f''F;-''W;Ntcr"'~""-t1"~'"'i!'f;;'F?"I,"",,",!i'''''''''\!~'Wf~'I'Ij'IF.I,r;i''\'\'"'''''''''1H'1'1'I''''' _ ",_ _~i '~ DESCRIPTION ALL THAT CERTAIN piece or parcel of land, Situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Pawnee Drive at the dividing line between Lots 1 and 2 as shown on the hereinafter mentioned plan of Lots; thence along the Eastern line of Pawnee Drive N. 19037' 30" W a distance of 68.38 feet to a point; thence continuing along the same by a curve to the left having a radius of 275.00 feet an arc distance of 55.16 feet to a point on the Southern line of a 50 foot wide P.P. & L. right-of-way; also being the line of lands of the common open space; thence along said line and the Southern line of said right-of-way N. 49040' 51" E, a distance of 123.48 feet to a point at the dividing line between Lots 1 and 2; thence along the dividing line between Lots 1 and 2 S. 19037' 30" E. a distance of 166.81 feet to a point; thence continuing along the same S. 70022' 30" W. a distance of 110.00 feet to a point on the Eastern line of Pawnee Drive, said point being place of beginning. BEING all of Lot 2 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase I, as recorded in Plan Book 55, page 44. CONTAINING 0.3712 acres. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions for Sleepy Hollow, which covenants and restrictions are dated February 16, 1990, and recorded February 21, 1990 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 376, page 567. ('. Tax Parcel # 10-18-1316-100 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert F. Roth and Caryn G. Roth, his wife by Deed from Sealover Construction Co. Inc. dated 7/16/93, recorded 7/26/93, in Deed Book K-36, Page 798. '.,':- -, ~ , ""-..- .~ -, ,,- . V!\)~ /c::, - ~ ~ Aq ~ Ll" -+:-- ~ C> ~","" '"= -~" p'" . ~ ., (") ~ - p c::: \'- ;?'" r- ~ ;;q~~ (J.., /:::) c--., r;:> '-,- . \0-> elf -< 0 ~ - G.., ~Gc,., ...... ~ €' , ~ ~ --.t ~. ,- e.,.. u, ta ~ c:s; C> . <'" , ..,>,._-~.- "<" .~~-,' , 0.r?~~ \\...-.. \ - "--.....-' c ,--) ""C' J"',,) .-i-; en _~~,~ ""~'IW''''"''_~_"_''~'''''''___~~l!lif!f!l'~!'t]lJffl'l!!rr~~;',%l':1!'';W'"",~-,'l' ~"""" M'""""- 1,,-"'- ,Rh' mi'W""'-~~"-'Iwr;l~<1i!ii"""..-J!!I:'" H\!"'~'n ~,_....4~~ , ~, ~ I PNC BANK, N.A., FIK/A PNC BANK KENTUCKY, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS ROBERT F. ROTH CARYN G. ROTH CIVIL DIVISION NO. 00-7987 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PNC BANK. N.A" F/KI A PNC BANK KENTUCKY, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 502 PAWNEE ROAD, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT F. ROTH 2015 HARVARD AVENUE CAMP HILL, P A 17011 CARYN G. ROTH 2015 HARVARD AVENUE CAMP HILL, P A 17011 2, Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None <~~1"'l - ~ , ~ . 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 502 PAWNEE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements rnade in this affidavit are true and correct to the best of rny personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 26, 2001 DATE /1;(a.--^..~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~,1v'_~,! "_ , - , ~ 1_ ~ . ". - , -<~~ ~ ~, ~~= << '. 0 c:r r- ,-- ;~? l'} U:i f:'- - :J (I) c'-- .\:, - '-:-" r- [",J , , 2--= ::J ---1 -<. (~ .' .~~~_~"'~ $tl<<i""",",!'j"""'''''_'1''!'~~'I'~~~~mm'J@Ji~~'fffi!ly"'',~(qli~:>l';,_'',~,'J;,,",,~"""'IJ(j!q"_,",Wif",~~~';j\~~W~~1l!Wla1.!~f~,r ~ _~ 'f1 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC BANK, N.A., F/KJA PNC BANK KENTUCKY, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT F. ROTH CARYN G. ROTH NO. 00-7987 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities. ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - :'-"~-"7l ~- . ~ - , - lW . -" """"'"~ "~'" C) r:;:::. {'"'" ~ d~ -~~'-- 2>, L: -. ::-1--". t,: ~:::;" c:: ..::~:' -"7 )--.. , .. ::J ,~ 'oj' "' "'fl?"l'W~~~U'Wllb'~~~.f!~~~l!'l~;el'f;:;j:'''';.1'1f"'' ""';'!f"'C~l'"'c"':-':,o'!",_rC~""""Wii"l\:"lI"'-P""'-"'""""f"'~~",~"WI~F"_':;;1~"\""",,'''f'-''f'i1~'lif.F~~ PNC BANK, N.A., F/KJA PNC BANK KENTUCKY, INC. Plaintiff, CUMBERLAND COUNTY v. No. 00-7987 ROBERT F. ROTH CARYN G. ROTH Defendant(s). February 26,2001 TO: ROBERT F. ROTH CARYN G. ROTH 2015 HARVARD AVENUE CAMPHILL,PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 502 PAWNEE ROAD. MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 6.2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by PNC BANK. N.A.. F/K/A PNC BANK KENTUCKY, INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the September 5. 2001 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how rnuch you must pay, you rnay call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. H~~-'r ." ~, . ~" r- - You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land, Situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Pawnee Drive at the dividing line between Lots 1 and 2 as shown on the hereinafter mentioned plan of Lots; thence along the Eastern line of Pawnee Drive N. 19037' 30" W a distance of 68.38 feet to a point; thence continuing along the same by a curve to the left having a radius of 275.00 feet an arc distance of 55.16 feet to a point on the Southern line of a 50 foot wide P.P. & L. right-of-way; also being the line of lands of the common open space; thence along said line and the Southern line of said right-of-way N. 49040' 51" E. a distance of 123.48 feet to a point at the dividing line between Lots 1 and 2; thence along the dividing line between Lots 1 and 2 S. 190 37' 30" E. a distance of 166.81 feet to a point; thence continuing along the same S. 70022' 30" W. a distance of 110.00 feet to a point on the Eastern line of Pawnee Drive, said point being place of beginning. BEING all of Lot 2 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase I, as recorded in Plan Book 55, page 44. CONTAINING 0.3712 acres. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions for Sleepy Hollow, which covenants and restrictions are dated February 16, 1990, and recorded February 21, 1990 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 376, page 567. Tax Parcel # 10-18-1316-100 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert F. Roth and Caryn G. Roth, his wife by Deed from Sealover Construction Co. Inc. dated 7/16/93, recorded 7/26/93, in Deed Book K-36, Page 198. '",:. ',' -,~ . .." , . L ".. ~, .' , -," ~,- . . .~,. o ~; '-'I~ ~~:' L,'. -;;'!' i-i,' L .-.:: r:.: ( . 0<, '" .'... =.') ,- ," ,_....I~~~~;C"i"~i!f/!'!~Mli~1r'iF~~~~WIW','W~';._"., "il"'''--',-,,"~,.'-'-' r"f+"-"',"c''''''I;n'F<+'''''J!'f''""~1J",jh~';''Wd'!',,'!fiif_''!'~~'if,,,"';l!-~1WWJ~' , ~."l'!'1 I ,. "...., f PNC Bank, N.A., F/K/A PNC Bank Kentucky, Inc. -vs- Robert F.Roth and Caryn G. Roth In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-7987Civil R. Thomas Kline, Sheriff, who being du1y sworn according to law says this writ, is returned Stayed. Sheriffs Costs: Docketing Poundage Law Library County Levy Surcharge Postpone Sale Share of Bills Swoin and Subscribed To Before Me This ~(.~ Dayof~ 'ZOOlA.D, Q~' Q.~l~ Pro otary 1~, ' 30.00 2055.69 .50 1.00 15.00 30.00 20.00 22..Q2 $2177.28 paid by attorney So Answers: R. Thomas Kline, Sheriff By}2t-; h~ JL:tt-. Real Estate Deputy " ~'\) J. C./e.... 3;J09 K' . /2...-.. lID "'lId' PNC BANK, N.A., FIKlA I'NC BANK KENTUCKY, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS ROBERT F. ROTH CARYN G. ROTH CIVIL DIVISION NO. 00-7987 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PNC BANK, N.A., F/K/A PNC BANK KENTUCKY. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 502 PAWNEE ROAD. MECHANICS BURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBER.T F. ROTH 2015 HARVARD AVENUE CAMP HILL, PA 17011 CARYN G. ROTH 2015 HARVARD AVENUE CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None :'.,=, - -."'!""" . d' ~1l.""llliilf'~(-";i<J~"-,J!!"'_"'J""""''''~''_"1.~''''\~,",2i,,ili!'.*r"''''';0i.'''j"),\;!,~-,:o.~"'",",""l;;;b"~.~-"t.,r.M",~'~#;-~'~~olilI~~~li&4~~,'~:i ~ "'(!j]L"If"'liIlIiaI_1d. OFFICE 0F THE SflEillFf CU};WfT~j,f!O (;,:lUNTY MAR 1 4 02 FM '0 I C;'\0;~Y;LE PENNSYLVAHIA - - ,~-~~~- ~,,~,~~ ~~.~ . 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Tenant/Occupant 502 PAWNEE ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements rnade 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 rnade subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 26.2001 DATE ~~4-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 'Y". ...~' >'~',"~I~"i,ll~._I!"'!,"lM'H'.>Jjlj;)iiH*-i"i!f<O!Ib\;\IU,;"".w.i':J'''"''O"'-'''':], ,. .",':;L,;'h:-"':"~o~t'e,.;~<,,,,~.,-iJ~:1if,,,-~_Il#:I~,,-._OW!l~l'~ "--; -~"i>l~l5W!Ii1!!!ilml'ltll!llll!Eoli~ OFflGE or TilE SHERiFF CUt,~i>-~~:tJ>lt) CJUHTY, HfiR 7 PEN ~ " 4 0;:: '''I ~ i J I' v '1LISL;: ~ S Y LV /\ N I j~ Iid!lilIllil!!ll . . PNC BANK, N.A., FIKlA PNC BANK KENTUCKY, INC. Plaintiff, CUMBERLAND COUNTY v. No. 00-7987 ROBERT F. ROTH CARYN G. ROTH Defendant(s). February 26,2001 TO: ROBERT F. ROTH CARYN G, ROTH 2015 HARVARD AVENUE CAMP HILL, P A 17011 '-THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TiTA T PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.'- Your house (real estate) at 502 PAWNEE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 6. 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by PNC BANK, N.A., F/K/A PNC BANK KENTUCKY. INC. (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the September 5, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 1',,_- 'r:-'- ,., . >" You may n~ed an attorney to assert your rights, The sooner you contact one, the rnore chance . you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 -" .-- .--.- '-_.- ,___~_~-_________c,"",,_'.___"_ __'''~ ~-"._~_................__"~__'"~.,"~_" .__,.__"~"_ ~.___. ~,,_____,_ ,~_ _._~~._>. ",.._."._,..,_ ".'n____ ',_ _~ .___ _, ,___,",__.. _.."~_.,,._..".~_,__ ,_, ...__ .~,~___,____~_ ,. i".." '" ___~__.,,", ~ _,,_~, " __ _, n,_ r .. . , . . .' DESCRIPTION ALL THAT CERTAIN piece or parcel of land, Situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern line of Pawnee Drive at the dividing line between Lots 1 and 2 as shown on the hereinafter mentioned plan of Lots; thence along the Eastern line of Pawnee Drive N. 19037' 30" W a distance of 68.38 feet to a point; thence continuing along the same by a curve to the left having a radius of 275.00 feet an arc distance of 55.16 feet to a point on the Southern line of a 50 foot wide P.P. & 1. right-of-way; also being the line of lands of the common open space; thence along said line and the Southern line of said right-of-way N, 490 40' 51" E. a distance of 123.48 feet to a point at the dividing line between Lots 1 and 2; thence along the dividing line between Lots 1 and 2 S. 19037' 30" E. a distance of 166.81 feet to a point; thence continuing along the same S. 700 22' 30" W. a distance of 110.00 feet to a point on the Eastern line of Pawnee Drive, said point being place of beginning. BEING all of Lot 2 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase I, as recorded in Plan Book 55, page 44. CONTAINING 0.3712 acres. UNDER AND SUBJECT to the Declaration of Covenants and Restrictions for Sleepy Hollow, which covenants and restrictions are dated February 16, 1990, and recorded February 21, 1990 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 376, page 567. Tax Parcel # 10-18-1316-100 RECORD .OWNER TITLE TO SAID PREMISES IS VESTED IN Robert F. Roth and Caryn G. Roth, his wife by Deed from Sealover ConstrUction Co. Inc. dated 7/16/93, recorded 7/26/93, in Deed Book K-36, Page 798. i1.Nr~ "~ ~ ~ ," ~" " ,W' ~, ,~ . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALliHiOF PENNSYLVANiA) , d"" COUNTY OF CUMBERLAND) NO. 00-7987 CIVIL 1)jX TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due PNC Bank, N.A.. F/K/A PNC Bank Kentucky, Inc. PLAINTIFF(S) Robert F. Roth and Caryn G. Roth, 502 Pawnee Road, Mechanicsburg, PA 17055 from ",.,-1" r, '", 'ei'" DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description . ,,'-"'---" ..,"" .,.".-- ~- " .71'['::_ '- ~.:'1~,~ ' .,.r,', ,. . (2) You are also direct~\t atfl.ch \lIIId~Sr6perty of the defendant(s) not leviedllpon in the possession of '~~;',,> ,; !: GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) notlevied upon an subject to attachment is found inthe pol;session of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,257.88 from 1/4/01 - 6/6/01 - $2,547.45 and Interest Costs (~r iJiOOl - $16 65) Arty's Comm % L.L. Due Prothy Other Costs $.50 $1. 00 Arty Paid Plaintiff Paid $125.30 Date: March 6, 2001 Curtis R. Long Prothonotary, Civil Division ~bv: .-d(l'7''' P ~/J/'Vr REQUESTING PARTY: Deputy Name 'J:i1r.::lnlr 1=i'erlt::>11Tl;:m. "Rq.'I Address: nno. Pt:>nn (''::''nt-t:lor .::It- -~l1hl1rh;=m ~t-r1t-i on Suite 1400 I'hiladelphia, rA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 f:;',~ ~'1 ",l;I:.T ,_ ,'"ou .:'-'!. ~ ., ~- ~.". - ~., ~ "-~ .., ~ . . ~ ~- ..~,-,,""-,-,~,," . REAL ESTATE SALE No. ICo iJn 1Vl (lJ~~ k '3 ) ~oo I the sheriff levied upon the defendants interest in the real property situated In 11-<1 m p cttYI. . T uJ fL Cumberland County, Pa., known and number8das:50'L. . PQUJil~ ~. 1>>1" C1{lMt~<; b()~\and more fully described on exhibit "A" ftled with this writ and by this reference incorporated herein. rJate:1Yl4 h ({fA 5<, d,()f)1 By: Cfrl t 5f11U'tl ~ tv J~uj6 C). ~ -. () III VIHVA1,l.S,NH3d :]'-1 {, i ~ \,/ -j ~-i 10. III EO r L HUH ,UNite :'.', :.::,lr1flO HIH3HS :J!'j K 3n:':!30 I I I ___~~~~"Il _ ~~~_~"ll't~'lfi~~~~"'''r~'''''*'*!~'i'I!i'!:''r"c,,~,,",1.:!'''''''!''!:',><m1f.''-'~lil''J!''1r'ffl'~I!iWl:<~~ill!!!!iWII'~i~M11I"'~;_~'T:"r]1 ~J _u~",;- ,'-