HomeMy WebLinkAbout00-08785
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN
DEPOSIT BANK AND TRUST
COMPANY,
Plaintiff,
vs.
WILBUR D. BAKER
aIkIa WILBUR D. BAKER JR. and
MARGARET E. BAKER,
Defendants.
TO, DEFENDANT(,)
YOU ARE HEREBY NOTIFIED TO PLEAD TO TIlE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROMS VI F A DEFAULT JUDGMENT
I HEREBY CERTIFY TIIAT TIIE ADDRESS
OF TIlE PLAINTIFF IS,
P.O, Box 77408
Ewing, NJ 08628
AND TIlE DEFENDANT(S),
891 Ha rn Avenue
Mech ni h g
ATfO
CERTIFICATE OF LOCATION
IIIEREBY CERTIFY lHAT TIlE LOCATION OF
TIlE REAL STATE AFFECTED BY TIllS LIEN IS
891 Hawt anicsbnrg, P A 17055
CIVIL DIVISION
NO.: 00 -?7RS
TYPE OF PLEADING
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CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
Allfirst Bank f/k/a The First National Bank of
Maryland, successor by merger to Dauphin Deposit
Bank and Trust Company, Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. LD. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f!k!a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DNISION
NO.:
Plaintiff,
vs.
WILBUR D. BAKER t1IkIa WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights importarJt to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.:
Plaintiff,
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
A VISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriorrnente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier
otra reclarnacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA Y A A
LA SIGUEINTE OFICINA PARA A VERlGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: iHJ- flUs' {1;.:.e ~
Plaintiff,
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Allfirst Bank, f/k/a The First National Bank of Maryland, successor by
merger to Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin &
Connelly LLP, files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Allfrrst Bank, f/k/a The First National Bank of Maryland,
successor by merger to Dauphin Deposit Bank and Trust Company, which has a place of
business at P.O. Box 77408, Ewing, New Jersey 08628.
2. The Defendants, Wilbur D. Baker a/k/a Wilbur D. Baker Jr. and Margaret E.
Baker, are adult individuals whose last known address is 891 Hawthorn Avenue, Mechanicsburg,
Pennsylvania 17055.
3. On or about December 28, 1993, Defendants executed a Note in favor of Plaintiff
in the original principal amount of $80,000.00. A true and COITect copy of said Note is marked
Exhibit "A", attached hereto and made a part hereof.
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4. On or about December 28, 1993, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $80,000.00 on the premises hereinafter described, with said Mortgage being recorded in the
Office of the Recorder of Deeds of Cumberland County on December 29,1993, in Mortgage
Book Volume 1188, Page 917. A true and COITect copy of said Mortgage containing a description
of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part
hereof.
5. Defendants are the record and real owners of the aforesaid mortgaged premises.
6. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about August 30,2000, Defendants were mailed combined Notices of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices ofIntention to
Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act,
Act 91 of 1983 and Act 6 of 1974, 41 P.S. ~101, et seq. True and correct copies of said Notices
are marked Exhibit "C", attached hereto and made a part hereof.
8. The amount due and owing Plaintiff by Defendants is as follows:
Principal
Interest through 12/21/00
Late Charges
Other Fees
Attorney's Fees
Court, Sheriff & Title Costs
$ 55,304.56
$ 3,357.55
$ 222.36
$ 67.00
$ 800.00
$ 2.500.00
TOTAL
$ 62,251.47
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plus interest on the principal sum ($55,304.56) from December 21,2000, at the rate of$12.67
per diem, plus additional late charges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. ~ 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(s)
do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and addIess of the original creditor if
different from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $62,251.47, with interest thereon at the rate of$12.67 per diem from December 21,2000 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises
BY:
Scott A. . tt . ck, Esquire
Attorneys for Plaintiff
P A J.D. # 55650
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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ADJUSTABLE RATE NOTE
(1 Year Treasury Index-Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE
AND MY MONTHLY PAYMENT. THIS NOTE UMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
o 0 com b 0 r 28. 1 993
Pen n 5 y 1 van ; a
[Date] [City]
[Stato]
891 HAW THO R N A V E N U E . M E C H A N I C 5 B V R G . PAl 7 055
[Property Addrass ]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 8 0 . 0 0 0 . 0 0 (this amount is called
"principal"). plus interest, to the order of the Lender. The Lender is 0 A U PHI N 0 E P 0 SIT BAN K AND T R US T COM PAN Y .
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this NOle Is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate of 5. 8 7 5 0 %. The Interest rate I will pay will change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(6) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month. ,
I will make my monthly payments on the first day of each month beginning on Fob r u a r y 1. 1 9 9 4 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below
that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on
J a n u . r y 1. 2 0 0 9 , I still owe amounts under this NOle, I will pay those amounts In full on that date, which Is called
the "maturity date." '
I will make my monthly payments at P.O. Box 4 6 4 4
H A R R I S BUR G. P A 171 1 I
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be In the amount of U.S. $ 6 B 9 . 7 0
(C) Monthly Payment-Changes
Changes in my monthly p!lyment will reflect Changes in the unpaid principal of my loan and in the interest rate that I
must pay. The Note Holder will determine my new'interest rate and the changed amount of my monthly payment in
accordance with Section 4 of this NOle.
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4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may Change on the first day of J . n u a r y. 1 9 9 9 , and on that day every 12th
month thereafter. Each date on which my interest rate could change Is called a "Change Date."
(B) The Index , .,.
Beginning with the first Change Date, my Interest rate will be based on an Index. The "Index" Is the weekly average
yield on United States Treasury 8ecurities''Sdjusted to'aconstant maturity of 1 year, as made available by the Federal
Reserve Board. The most recent'lndex figure available .as of the date 45 days before each Change Date is called the
"Current Index.'
,
, or at a different place if required by the Note Holder.
. This amount may change.
MULTISTATEADJUSTABLE RATE NOTE-ARM 5-2-8In910 F.mily-FNMA/FHLMC Uniform Instrument
ISC/CNOT" /0592/3502{03-85}-L 'PAGE 1 OF 4
Form 3502 3/85
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(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and
all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered
or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibked by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Any notice that must be given to Ihe Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of tl']at different
address.
9. OBUGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of
a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made hi this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that aoy one of us may be required to pay all of the amounts owed under this Note. .
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrumenr), dated the same
date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I
make'in this Note. Thllt Security Instrument describes how and under what conditions I may be required to make
immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is
not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate
payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by
.Lender if exercise Is prohibited by federal law as of the date of this Security Instrument. Lender also shall not
'e)(ercise this option if: (a) Borrower causes to be submitted to Lender information reqUired by Lender to
evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender
reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a
breach of any covenant or.agreement in this Security instrument is acceptable to Lender. '
. To the extent permitted by applicable law, lender may'charge a reasonable fee as a condition to lender's
consent to the loan assumption. Lender may also require the transferee to sign an assumption ~reemenl that
;is acceptable to lender and that obligates the transferee to keep all the promises and agreements made In the
Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security
fnStillment unless Lender releases Borrower in writing.
MULTlSTAJE I\D.IUSTABLE RATE NOTE-ARM 5-2-8In910 Famlly-FNMA/FHLMC Uniform Instrument
ISC/CNOT"'/0592/3502(Q3.85)-L . - . , PAGE 3 OF 4
Form 3502' 3/85
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AFTER RECORDING MAIL TO:
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
P.O. Box 4644
HARRISBURG, PA 17111
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'93 DEe Z:l fW\ 8 33
LOAN NO. . 9 0 - 2 6 6 0 - 0
[Space Above This Une For Reoordlng Dalal
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on Dee em b e r Z 8, I 9 9 3 . The mortgagor is
WILBUR 0 BAKER JR and MARGARET E BAKER
("Borrower"). This Security Instrument is given to
DAUPHIN DEPOSIT BANK AND TRUST COMPANY,
which is organized and existing under the laws of Pennsylvania
and whose address is 213 Market Street, Harrisburg, Pennsylvania 17101 ("Lender").
Borrower owes Lender the principal sum of Eighty .Tho u"sand Do 11 a rs and nail 00
Dollars (U.S. $ B D , 0 0 0 . DO). This debt is evidenced by Borrower's note dated the same date as this
Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and
payable on J a n u a r y 1, ZOO 9 . This Security Instrument secures to Lender: (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
Cum b . r 1 and County, Pennsylvania:
BEING MORE FULLY OESCRIBEO ACCORDING TO LEGAL DESCRIPTION
ATTACHED HERETO AND MADE A PART HEREOF.
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891 HAWTHORN AVENUE
[Street]
1 7 0 5 5 ("Property Address");
[Zip Code] . ,.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, '. .
appurtenances, and fixtures 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 refeITed to in. this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower Is lawfully seised'bfthe 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 wm defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record. . ~
PENNSYLVANIA-SINGLE FAMrLY-FNMA/FHLMC UNIFORM INSTRUMENT ~nni 1 '1 Xx P.!r.r !) 17 FORM OM" 0 'M
1SCICMDTPAII0391/3D39rg.gol"L
which has the address of
MECHANICSBURG
[City]
Pennsylvania
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All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. 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 economically feasible and Lender's security is not lessened. If
the restoration or repair is not economically 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 30-day period wnl begin when the notice Is given.
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 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 afterthe executIon of this Security 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 defauit 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 interes! in the Property or other material 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 residenc;:e. 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 anc;l 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 parag~ph 7 shall become additional deb! of BorrQwer secured by
thiS Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amo!Jnts 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 makiIlg the loan secured by this
Security Instrument, Borrower shall pay the premiums required"lo maintain the mortgage insurance!n effect. if, for any
reason, the mortgage insurance coverage required by. Lender laPSes or ceases to be in effect; Borrower shall pay the
premiums required to obtain coverage substantially equivalent.to the mortgage insurance previously In effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate
mortga.ge insurer approved by Lender. If substantiallyequivaient mortgage insurance coverage Is not available,
Borrower shall pay to Lender each month a sum equal.to.'one-tweiflh 'of the yeariy mortgage insurance premium being
paid by Borrower when the insurance coverage lapsed or ceased to be in effect Lender will accept, use and retain
these payments as a loss reserve in lieu of mortgage insurance; Loss reserve payments may no longer be required, at
the option of Lender, if mortgage insurance coverage'fJn the amount and for the period that Lendeaequires) provided
by an insurer approved by Lender again becomes available and is obtaIned. Borrower shall pay the premiums required
to maintain mortgage Insurance In effect, or to provide a loss f~serve;'.until the requirement for mortgage inslirance ends
in accordance with any written agreement between Borrower'and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable~ntrie~"upon and inspections of the Prop~,rty. Lender
shall give Borrower notice at the time of or prior to an inspection. specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any awa~d' or claimfil~ damages, direct or consequential.~n connection with
any condemnation or other taking of any.part of the Property,:'O/,Ytor conveyance In lieu of condemnation, are hereby
assigned and shall be paid to Lender.
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~. .'..Y.. ~J~~S!NG.',I-E'FAMILY:'FNMA/F,HLMC UNIFORMINSTRUMEN.T... b'o'od! ~8 PAGE 019
~~e~PAl/0391f3039(9-00j..L ~,-- -......--" .
FORM 3039 9/90
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18. ,,~~iir'it~~j~~ate{ If Borrower meets certain condkions, Borrower shall have the rightto have
enf cemQlllllf~~~' IH1ltHSme~t)liscontinUed at any time priorto the earlier of: (a) 5 days (or such other period
as plicable la~~ gr..~i?rement) before sale of the Property pursuant to any power of sale contained in
this . I'\StiUment; or (b entry of a judgment enforcing this Security Instrument. Those condkions 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) cures any default of any other covenants or agreements; (c) pays all expenses incurred
in enforcing this Security Instrument, including, but not Iimked to, reasonable attorneys' fees; and (d) takes such action
as lender may reasonabiy 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 acceieration under
paragraph 17.
19. Sale of Note; Change 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 changes of the Loan Servlcer unrelated to a sale afthe Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable
iaw. 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 reiease
of anI; 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.Lew. 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 nonnal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written 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 knowledge. If Borrower leams, 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 20, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicidesivolatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 20, 'Envi~onmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
.~ .'
21. Acceleration; Remedies. Lender shall give notice to' !3orrower prior to acceleration foll.owing Borrower's
breach of any covenant .or agreement in this Security Instrument (but not prior to acceleration under paragraph
17 unless applicable law provides otherwise). Lender shall notify Borrower 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 all specified may result in acceleration .of the sums secured by this Security Instrument, fo.reclosure
by judicial pfoceeding and saie of the Property. Lender shall furth~ inform Borrower o.fthe right to reinstate
after acceleration and Ihe right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. Ifthe'default is not cured as specified,'Lender at its option
may require immediate payment in full of all sums secured by this Security Instrument without further demand
and l1Iay foreclose this Security Instrument by judicial prOceeding. Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to,
atlOfney~' fees and cosls of title evidence to the extent p~mitled by applicable law. .
22.' Release. Upon payment of all sums secured by this Security Instrument, this Security Instr:ument and the
estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
~ .,~
23, Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in
procll~ings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing
for stay of execution, extension of time, exemption from attactlrnent. levy and sale. and homestead exemption.
. "',-:;or
bO-O~ 1188 P~GE 921
PENNSYLVANIA-5fNGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT
ISCjCMOTPAjj0391j:1039(9-9Q)-L PAGES OF6
t;-.....'. _ _ .
FORM 3039 9/90
""
LEGAL DESCR.IPTION, MOR.TGAGE
Dauphin
891
wilbur D. Baker, Jr. and Marqaret E. Baker to
Deposit Bank and Trust Companv. aiven December 28, 1993,
Hawthorn Avenue, Mechanicsbura Post Office, PA 17055
ALL THAT CERTAIN piece or parcel of land, situate in the
Township of Upper Allen, county of Cwnberland and state of
Pennsylvania, bounded and described as follows:
BEGINNING at a monument on the Eastern line of Emily Drive as
shown on the hereinafter mentioned Plan of Lots; thence by the
Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a point; thence by an arc or curve to the right with
radius of 40 feet, an arc distance of 54.66 feet to a point on the
Southern line of Hawthorn Avenue; thence by the Southern line of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a point; thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees 18 minutes West,
140.01 feet to a monument, at the Place of BEGINNING.
BEING Lot No'. 55 in the Plan of Lots of Center square Manor,
Extension "A", Plan No.7, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 31 at Page 36.
BEING the same premises which Geraldine L. Spangler, widow and
single woman, by Deed dated December 28, 1993, and intended to be
herewith recorded, granted and conveyed unto Wilbur D. Baker, Jr.
and Margaret E. Baker, his wife.
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LOAN NO. 9 0 - 2 6 6 0 - 0
ADJUSTABLE RATE RIDER
(1 Year Treasury Index-Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 28 t h day of 0 e com b 0 r. 1993 . and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security
Deed (the 'Security Instrument") of the same date given by the undersigned (the 'Borrower') to secure
Borrower's Adjustable Rate Note (the 'Note') to DA UP H 1 N 0 E P OS IT BANK AN 0 TR US T COM PAN Y
.
(the "Lender") of the same date and covering the property described in the Security Instrument and located
at:
891 HAWTHORN AVENUE.MECHANICSBURG.PA 17055
[Property Address] , ,
THE NOTE CONTAINS PROVISIONS AllOWING FOR CHANGES IN THE INTEREST RATE
AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE
BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYfwlENT CHANGES
The Note provides for an Initial interest rate of 5. 8 7 5 0 %. The Note provides for changes in the
interest rate and the monthly payments, as'follows: ,
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of J a n u a r y . , I 9 9 9 , and on that day every
12th month thereafter. Each date on which my interest rate could change is called a 'Change Date.'
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an index.,)'he 'Index" is the
weekly average yield 9Il United States Treasury securities adjusted to a constant maturity of 1 year, as made
available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before
each Change Date is called the "Current Index."., ,
. If the Index is no longer available. the Note Holder will choose a new index wtJ!ch is based upon
comparable Information. The Note Holder will give me notIce of this choice. ,
(C) Calculation of Changes
Before each Change Date. the Note Holder will calculate my new interest rate by adding Two and Thrae I
Quartors , percentage points ( 2. 7 5 0 0 %) to the Current Index. The Note
Holder will then round the result of this additiQ,n to the nearest one-eighth of one percentage point (0.125%).
Subject to the limits stated in Section 4(0) below, this rounded amount will be my new interest rate until the
r]e,xt Change Date.
,~,' The Note Holder will then determine the amount o(the monthly payment that would be sufficient to
repay th~ unpaid principal that I am expected to owe ahhe Change Date in full on the maturity date at my
new interest rate in substantially equal payments. The result of this calculation will be the new amount of my
monthly payment.
(D) Umits on Interest Rate Changes
The Interest rate I am required to pay at. the first ClJilnge Date will not be greater ttJan ,.7. 8 7 5 0 % or
less than 5 . 0 0 0 0 %. Thereafter, my Interest rate. will never be Increased or decreased on any single
Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the
preceding twelve months. My interest rate will never be greater than 1 1 . B 7 5 0 %, or less than
5 . 0 0 0 0 %.
MULTISTATEADJUSTABLE RATE RIDER-ARM 5-2-Sln9Ie Famlly-FNMA/FHLMC Uniform Instrument
ISC/CRIO.'//0392/3111 (03-85).L PAGE 1 OF2
Form 311 1 3/85
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August 30, 2000
Wl.lbur D Baker
891 Hawthorn Ave
Mechanicsburg PA 17055
Certified Mail No.
Account No. 0001995786
Mortgaged Property I 891 Hawthorn Ave
Mechanicsburg PA 17055
YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE.
YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME.
IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE,
YOU MUST TARE ACTION NOW BY EITHERI
./t, 1. CURING THE DEFAULT - This notice explains the nature of the default and
your rights to protect your interest in your home (See Section 403 of the
Act of January 30, 1974 (P.L.13, No.6), 41 P.S. Section 403); OR
,
"
2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR
FINANCIAL ASSISTANCE WHICH cAN SAVE YOUR HOME FROM FO.RECLOSURE AND HELP YOU
MAKlll FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program
works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23,
1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need
more information, call the Pennsylvania Housing Finance Agency at
1-800-342-2397.
.
LA NOTIFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS ArECTA SU DERECHO A
CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
AJUlIBA. PUEDES SER BLBGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLl\MAD0
"HOMEOWNERS BMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUBDE SALVAR
SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HlPOTECA.
EllBROENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COHPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983/("THE ACT"), YOU MAY BE ELIGIBLE FOR EllBROENCY
MORTGAGE ASSISTANCE Ii YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL, IF YOU HAVE A REASONA8LE PROSPECT OF RESUMING YOUR MORTGAGE
PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PBNNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT
CQN'l'AINS AN EXPLANATION OF YOUR RIGHTS.
XC177 004 NIlC
For Custom.. Service Inquiries call (888) 289-4610
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Loan No. 0001995786
..
TEMPORARY STAY OF FORECLOSURE - Under the Act, yo~ are entitled to a
tempQrar:( stay of foreclosure on your mortgage for thirty (30)dll':S from
th8 .elate of this Notice. During that time you must arrange lU\el a1:tencl a
"faoe-to-face" meeting with a representlltive of the oreelitor or with a
designated consumer credit counseling agency. The purpose of this meeting
is to attempt to work out a repayment plan or to otherwise settle your
delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.
HOW 'l'OCONTACT THE CREDITOR:
Name of Creditor: Central Loan Administration
Address: P.o. Box 77410
Ewing, NJ 08628
*
TelephOl1e Number: MS. VIGORITO
Contact Person: 1-800-242-7178
CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or
with a consumer credit counseling agency identified in this notice, the
creditor may NOT take action against you for thirty (30 ) days after the
date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT
COUNSELING AGENCIES FOR THE COUN'l'Y IN WIIICH THE PROPERTY IS LOCATED ARE
SHOWN ON THE ATTACHED SHEET. It is only necessary to sohedule one face-
to-face meeting. Advise your creditor IMMEDIATELY of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the
reasons set forth in this Notice. If you have tried and are unable to
resolve this problem with the creditor, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistanoe Program Applioation with one of the designated oonsumer
credit counseling agenoies listed on the attaohment. Only consumer oredit
counseling agenoies have applications for the program and they will assist
you in submitting a complete application to the Pennsylvania Housing Finance
Agenoy. Your application MUST be filed or postmarked within thirty (30)
days of your face-to-faoe meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL 'l'O DO SO OR IF YOU
DO NOT FOLLOW THE O'l'HEll TIME PERIODS SET FORTH IN THIS LE'l"l'ER, FORECLOSURE
MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are
very limited. They will be disbursed by the Agency under the eligibility
criteria established by the Act. It is extremely important that your
XC178 008 NMC
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Loan No. 0001995786
application is accurate and complete in every respect. The pennsylvania
Housing Finance Agency has sixty (60) days to make a 'decision after it
rec.eives your application. During that time, no foreclosurl! Propeedings
will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance
Agency of it's decision on your application.
THE PIIlNNSYLVANIA HOUSING FINANCIIl AGIIlNCY IS LOCAUD AT 2101 NORTH FRONT
S'l.'RIlIE'1', POST OFFICll: BOX 8029, IlARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO.
(717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PIIlRSONS WITH IMPAIRED
'. HEARING CAN CALL (717) 780-1869.
HOW YOUR MORTGAGE IS IN DEFAULT
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on
your property located at. 891 Hawthorn Ave , Mechanicsburg PA 17055
IS SERIOUSLY IN DEFAULT because.
A. YOU HAW NOT MAllE
are now past due:
Payments of Principal
Escrow Payments:
Late charges:
Attorney Fees/Costs
other Charges:
~AL AMOUNT PAST DUE.
THE MONTHLY MORTGAGE PAYMENTS.
The following amounts
and Interest. 2965.00
111. 18
150.00
46.00
3272 .18
B. YOU HAW FAILED TO TARE THE FOLLOWING ACTION:
RE-INSTATE YOUR LOAN
HOW TO CURB THE DEFAULT- You may cure the default within THIRTY (30) DAYS of
the date of this notice BY PAYING THE ~AL AMOUNT PAST DUE to the creditor
plus any additional monthly payments and late charges which may fall due
after the d.te of this notice and the date you make your payment. Payments
must be made either by cash, cashier's check, certified check or money order
made payable and sent to:
Central Loan Administration
425 Phillips Blvd.
Ewing, NJ 08628
Attn: Cash Management Department
You can cure any other default by taking the following action within THIRTY
(30) DAYS of the date of this letter.
XC179 009 NIIC
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Loan No. 0001995786
':!:I!'YQU .DO < ~OTPURil:'l'HE DEFAULT - If you do not cure thlitd~fal,il.t.,w.l,t.hin
'.IJ);'.(.~Pli~~Ij;;o#t.~e 4.teof thiEI Notice, 'l'HE CRlIlDI'l'QRtlJ.Nli$to, .'
;~-:~1a5;~~~JJ'l'~'i'o ACCEL1!lRATE 'l'HE MO~TGAqEDEBT. .i!i.iJil'~'l).'(~b!ii1:the
',' ..ijl.' .....Q~tsl:.i!$3i~~.bal.arice of this debt wiil,beconsidered d~~~J:at:ely
i1n\i~pu l!'8ylOSlit"t.he ~hanae to pay the mortgage in ll1o'!thly i.Il!!.t:~~~ntl!. If
fu1;l'~a1'!\l8ntot;thetotal amountpill"t due is not made withill,'J!:1l~J!,91~(30)
'OAY~,., thlitcreditorall!ointendsto instruct its attorneys. to .t:,,~t a l",ws\1it
:1;of~J:"cl.o~ur. :u~1l your mortgaged property. ' , . " .
OTHER CRlIlDITOR RBMEDIES - The creditor may also sue you persollally for the
unpaid principal balance and other sums due under the mortgage. You can not
be sued personally if you have obtained a discharge in a Bankruptcy
proceeding. In that circumstance suit will be for property only.
RIGH'1' 1'0 CURE 'l'HE DEFAULT PRIOR 1'0 SHERIFF'S SALE - If you have not cured
. the default within the THIRTY (30) DAY period and foreclosure proceedings
have begun, YOU STILL HAVIl'l'HE lUGH'1' TO CURE 'l'HE DEFAULT AND PREVENT THE
SALB AT ANY TIJIEUP 1'0 ONE HOUR BEFORE 'l'HE SHERIFF'S SALK, YOU HAY DO SO
IlY PAYING THE 'rOO.'JIL AMOUN'l' PLUS ANY COSTS .CONNECTED WITH 'l'HE 'FORECLOSURE
SALlll AND ANY 0THlnl COSTS CONNEO'J.'ED WITH THE SHERIFFS SALB AND BY PERFORMING
ANY OTHlIIR REQUIREMENTS UNDO 'l'HE MORTGAGE.
EARLIEST POSSIBLB SHERIFF'S DATE -'! It is estimated that the earliest date
that 8uch a Sheriff's Sa;!.e. of the mortgaged property could be held would be
approximately NINE (9) months from the date of this Notice. A notice of the
actual date of tile. Sheriffs Sale will be sent to you before the sale. Of
coUrse, the amount n~ed to cure the default will inCrease the longer you
wait. You may find odt at any ti.me exactly what the required payment Or
action will be by contacting the creditor. If money is due, such payment
must be in cash, cashier'S check, certified check or money order made
payable to the creditor at the address set forth above.
XC180 008 lIMe
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'age 5
Loan No. 0001995786
1!I~"'Q\I.''01f S~lFF'S SALE DATE - You should realbe that aShedff'.'lIale
!;i!;!}.,..l!d.roUt:.ClWne~sbip of, the mortgaged property and you>:, t\s.:9li\;;,~9;.ciO(lupy
~fi,;>J't;i~~~.~q}1~ii~ue to live in the property after theSlie",i.~~;~~lt}a
'''J~~P:itt() I;~oveyo\lan~ your furliillhirigs and other l;Ie1ong-liil9~ c1buldbe
st'~r:!'ecl by tbe oreditol' at any time.
') '-, ;' ~ " '-; "
. ;~ll'RtGHTS_TYOU aAVE - You have additional dghts to help p~~~eot youI'
, \'ilitfilrElI~t inthEf~J1operty.
YOU ALSO HAVE TIII!l RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY PROM ANOTIll!lR LENDING INSTITUTION TO PAY OFF THIS DEBT.
* . TO SELL OR. 'l'RANSJ'Ell TIII!l PROPERTY SUBJECT TO THE MORTGAGI TO A BUYER OR
'l'RANSFBRD WHOWIU. ASSUME TIII!l MORTGAGE DEBT, PROVIDI!lJ) THAT ALL TIII!l
OUTSTANDING PAY.TS, CHARGES ANI) ATTORNEY'S FEES ANI) COSTS A!UI: PAID TO OR
AT '1'iIII SALE Am) '$AT TIll!l OTHER RBQUlREMENTS 011' TIll!l MORTGAGI A!UI: II1.TISII'IED.
CONTACT THB CREJ)ITOR TO DITlIIRMINE UNDER WHAT CIRCUMSTANCBS THIS llIGHT MIGHT
BXIST.
* TO HAVE THIS DEII'AUL,T CURED BY ANY THIRD PARTY ACTING ON YOUR URALII'.
* TO, HAVE THE MOll'lGAGB RESTORED TO TIII!l SAMJil POSITION AS III' NO DBll'AULT HAD
OCCUlUlBD, IF YOU CURE THE DBII'AULT. (HOWEVER, YOU DO NOT HAVE THIS llIGHT TO
CURE YOUR DIII'AULT MOR\!l THAN THRIIlI TIMBS IN ANY CALENDAR YEAR. I
* TO ASSBRT THB NONBXlsTENCE 011' A DBFAULT IN ANY FORECLOSURB PROCBBDING OR
ANY O'l'HBR LAWSUIT INSTI'l'tI'l'lIID UNDBR THE MORTGAGB DOCllMllN'l'S.
* TO ASSERT ANY O'l'HBR DIFBNSB YOU BBLIBVE YOU MAY HAVE TO SUCH ACTION BY
THE CREDITOR.
*TO SBBK Pli\OTI!iCTIOII UNDER THE FEDERAL IlANlUl.UP'rCY LAW.
Sincerely,
Angela M. Berntson
seCond Vice President
xc18l 011 HMC
)
THIS IS AN AT'l.'BMP'l' TO {COLLBCT A DIBT AND ANY INFORMATION OBTAINBD IN
RIlSPONSE TO THIS WILL BE USED TO FURTIII!lR THAT END.
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August 30, 2000
J(/lrgllrel: E Baker
891 Hawthorn Ave
H~Qh'an.tcsburg PA 17055
Mortgaged Property: 891 Hawthorn Ave
MeQhanicsburg PA 17055
certif,ieli Hail" No.
Account,No, 0001995786
'...
YOUR MORTGAGB IS I,N DEFAULT FOR THB RBA$ONS SBT FORTH IN THIS NOTICE.
YOUR LENDER MAY FORECLOSE AND YOU MAY LOSB YOuR HOllE.
II' YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE,
YOU MUST TAKE ACTION NOW BY BITHER:
1. CURING THE DBFAULT - This notice explains the nature of the default and
your rights to protect your interest in your home (See Section 403 of the
Act of January 30, 1974 (P.L.13, No.6), 41 P.S. Seotion 403)/ OR
2. APPLYING TO THB HOJIBOWNBRS BMERGBNCY MORTGAGB ASSISTANCE PROGRAM FOR
FINANCIAL ASSISTANCE .WHICH cAN SAVE YOUR HOME FROM FORECLOSURBAND HELP YOU
MAKB FU'rURB KOR'rGAGB .PAYMENTS - Read this notice to find out how the program
works. YOU MUST MEBT WITH A CONSUMER CREDIT coUNSBLING AGSNCY WITHIN 30
DAYS OF THE DA'l'B OF THIS NO'1'ICE IN ORDBR TO APPLY. See Act of Deoember 23,
1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need
more information, call the Pennsylvania Housing Finance Agency at
1-800-342-2397.
LA NO'1'IFICACION EN ADJUNTO BS DB SUIIA IMPORTANCIA, PUES AFECTA SU DBRECHO A
CON'l'INUAR VIVIBIlIlO EN SU CASA. SI NO COMPRENDB BL CONTBNIDO DB BSTA
NO'1'IFlCACION OB'l'BNGA UNA TRADUCCION INMEDITAMBN'rB LLAllANDO BSTA AGBNCIA
(PENNSYLVANIA HOUSING .FINANCBAGBNCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDBS SBR ELBGIBLB PARA UN PRESTAMO FOR BL PROGRl\MA LLAIfAIlO
"HCl.lIBOWNBRS BMBRGBNCYMOR'l'GAGB ASSISTANCE PROGRAM" BL CUAL PUEDB SALVAR
SU CASA LA PBRDIDA DEL DBRBCHO A REDIIlIR SU HIPO'l'BCA.
BMERGBNCY MORTGAGB ASSISTANCB PROGRAM
YOU MAY BE BLIGIIILB FOR FINANCIAL ASSISTANCB WHICH CAN SAVE YOUR HOME FROM
FOJUICLOSURB ANI) HELP YOU IKAKB Fll'l'URE MORTGAGB PAYIlENTS.
IF YOU COMPLY WITH THE PROVISIONS OF TllE HOJIBOWNBR' S EMERGBNCY MORTGAGB
ASSISTANCB AC'1' OF 1983, ("THE Acr"), YOU MAY BB BLIGIIILB FOR EMERGENCY
MORTGAGB ASSISTANCE II' YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BBYOND
YOUR coNTROL, IF YOU HAVE A REASONABLB PROSPECT OF RESUMING YOUR MORTGAGB
PAYIIEN'1'S AND IF YOU MEB'l' O'1'HBR' BLIGIBILITY REQUIREMENTS ESTABLISIlBD BY THE
PENNSYLVANIA HOUSING FINANCE AGBNCY. PLEASE READ ALL OF '!'HIS NO'1'ICE, 1'1'
CON'l'AINS AN EXPLAIlATION OF YOUR RIGHTS.
XC182 003 NHC
For Custom. Service Inquiries call (888) 289-4610
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Loan No. 0001995786
.,
TBMPQRARY STAY 0' FORECLOSURE - Under the Act, you are entitled to a
t8lllPOrary stay of foreclosure on your mortgage for thirty (30) days from
'bne(la'b!a of'bhis Notice. During tha'b time you llIUst arr,mge and attend a
"flllCle-to'-face" meeting with a representative of the creditor or with a
designated consumer credit counseling agency. The purpose of this meeting
is to at'bempt to work out a repayment plan or to otherwise settle your
delinquency. THIS MBIllTING MUST OCctIR WITHIN THE NEXT (30) DAYS.
MOW TO CONTAC'l' THE CREDITOR:
Name of Creditor: Central Loan Administration
Address: P.o. Box 77410
Ewing, NJ 08628
*
Telephone Number: MS.VIGORITO
Contact Person: 1-800-242-7178
CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or
with a consumer credit counseling agency identified in this notice, the
creditor may NOT take action against you for thirty (30 ) days after the
date of this meeting. THE NAHBS AND ADDRESSES OF DESIGNATED CONSWlBR CREDIT
COUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPBRTY IS LOCATED ARB
SHOWII ON THE ATTACHED SHEET. It is only necessary to schedule one face-
'bo-face meeting. Advise your creditor IMMEDIATELY of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the
reasons set forth in this Notice. If you have tried and are unable to
resolve this problem with the creditor, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner'S
Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed on the attachment. Only consumer credit
counseling agencies have applications for the program and they will assist
you in submitting a complete application to the Pennsylvania Housing Finance
Agency. Your application MUST be filed or postmarked within thirty (30)
days of your face-to-face meeting.
YOU Hl1ST FILl YOUR APPLICATION PROMPTLY. IF YOU 'AIL TO DO SO OR IF YOU
DO NO'1' FOLLOW THE OTHBR TIHI!: PERIODS SET FORTH IN THIS LI'.l"l'ER, FORBCLOSURB
,
MAY PJlOCBED AGAINST YOUR HOMl!: IMKBDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCB WILL am DENIED.
AGBNCY AC'l'ION - Available funds for emergency mortgage assistance are
very limited. They will be disbursed by the AgenCy under tne eligibility
criteria established by the Act. It is extremely important that your
XC17S 008 HMC
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Loan No. 0001995786
a~l:Lcation is accurate and complete in every respect. T~pe~lIylvania
HI;!iI,sin9 rinance ~ency has..sixty (60) days to ,make a declsl~!I"~._ ~1;
'~"'-~e~v.s yourapplicatLon. During that time, no foreclc;1$ure, p~~iie~d~l19s
wtJ;JI.~ pursued, "gainst you if you have met the tilne requirllll\8ntsset forth
above. You wl11 be notified directly by the Pennsylvania Houlling Finance
agellc~of it'S dec1s10n on your application.
, T1lE PENNSYLV~UHOUSING PINlINCE MIIlNCY ISLOCJ\TBD AT 2101 NORTH FRONT
STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVlINIA 17105. TELEPHONE NO.
(711) 780-3800 OR 1-800-342-2397 (TOLL PREE NUMBER). PIIlRSONS WITH IMPaIRED
HE~ING CAN CALL (717) 780-1869.
'.
HOW YOUR MORTGAGE IS IN DEFaULT
NaTURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on
your property located at. '891 Hawthorn Ave , Mechanicsburg pa 17055
IS SERIOUSLY IN DEFAULT because,
A. you HAVIll NOT MlU>E TIllll MONTHLY MORTGAGE PAYMENTS. The following amounts
are now past due.
Payments of Principal and Interest. 2965.00
Escrow Payments.
Late charges. 111.18
Attorney FeeS/Costs 150.00
Other Charges. 46.00
TOTaL AMOUNT PAST DUE. 3272.18
B. YOU HAVIll FAILED TO TAKE THE FOLLOWING ACTION.
RE-INSTaTE YOUR LOl\N
HOW TO CURB TUB DEFAULT- You may cure the default wlthin THIRTY (30) DAYS of
the date of th1s notlce BY PAYING 'l'HETOTaL AMOUNT PAST DUll: to the creditor
plus any addltlonal monthly payments ancl late charges which may fall due
"fter the date of this notLce and the date you make your payment. Payments
must be made either by. cash, cashier's check, certified check or money order
made payable and sent to.
Cfntral Loan Administration
(25 Phillips Slvd.
Ewing, NJ 08628
Attn. Cash Management Department
You can cUre any other default by taking the following action within THIRTY
(30) DAYS of the date of this letter.
XC179 009 NMC
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Page 4
Loan No. 0001995786
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
TIlIRTY (30) DAYS of the date of this NoUce, THE CREDITOR INTIlNDSTO
IBllClERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the
entb,'e outiltanding balance of this debt will be cOllsidereddue1mmediate1y
and you may lose the chance to pay the mortgage in monthly installments. If
full 'payment of the total amount past due is not made within THIRTY (30)
DAya, .the creditor also intends to instruct its attorneys to start: a lawsuit
to foreclosure upon your mortgaged property.
IF THE MORTGAGE IS fORECLOSED UPON - The mortgaged property will be sold by
., the Sheriff to payoff the mortgage debt. If the creditor refers your case
to its attorneys, but you cure the delinquency before the creditor begins
legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred up to $50.00. However
if legal proceedings are started against you, you will have to pey all
reasonable attorney's fees actually incurred by the creditor even if they
exceed $50.00. Any attorney's fees will be added to the amount you owe the
creditor, which may also include other reasonable costs. IF YOU CURE THE
DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY
ATTORNEY'S FUS.
OTIlER CREDITOR REMEDIES - The creditor may also sue you personally for the
unpaid principal balance and other sums due under the mortgage. You can not
be sued personally if you have obtained a discharge in a Bankruptcy
proceeding. In that circumstance suit will be for property only.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings
have begUn, YOU STILL HAVE THE RIGHT TO CURE THE DEFAULT AND PREVENT THE
SALIIl AT ANY '1'1101: UP TO ONE HOUR BEFORE THE SHERIFF'S SALE, YOU MAY 00 SO
BY PAYING THE TOTAL AMClUNT PLUS ANY COSTS CONNECTED WITH THE fORECLOSURE
SALIIl AND ANY OTIlER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERfORMING
ANY ()TIlER REQUIREMENTS UNDER THE MClRTGAGE.
EARLIEST POSSIBLE SHERIFF'S DATE -.It is estimated that the earliest date
that such a Sheriff's Sale of the mortgaged property could be held would be
approximately NINE (9) months from the date of this Notice. A notice of the
actual date of the Sheriffs Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you
wait. You may find out at any time exactly what the required payment or
action will be by contacting the creditor. If money is due, such payment
must be in cash, cashier's check, certified check or money order made
payable to the creditor at the address set forth above.
XC180 008 HMC
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Loan NO. 0001995786
EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale
will end YOU1' owne1'ship of the mortgaged p1'ope1'ty'and YOU1' 1'ightto oocupy
it. If. you c,ontinue to live in the p1'op&rty afte1' the She1'iUIISllle, a
lawsuit to 1'&move you and YOU1' fU1'nishings and othe1' belongings could be
started by the o1'edito1' at any time.
OTIlER'RIGHTS THAT YOU HAVE - You have additional 1'ightll to help p1'otect YOU1'
inte1'est in the p1'operty.
.,
YOU ALSO HAVE THE RIGHT:
"
* TO SELL THE PROPERTY TO OSTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORRow MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
* TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR
TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE
OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID TO OR
AT THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
CONTACT THE CREDITOR 'l'O DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EKIST ,
* 'l'O HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR IlEHALF.
* 'l'O HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCllRRBD, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIllES IN ANY CALENDAR YEAR.)
* 'l'O ASSERT THE NONEXIS'.rENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOC1JMEN'l'S.
* TO ASSERT ANY OTHIR DEFENSE YOU BELIEVE YOU IlAY HAVE TO SUCH ACTION BY
THE CREDI'l'OR.
*'l'O SEBK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Since1'ely,
Angela M. Be1'ntson
Second Vice president
KC181 011 HMC
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THIS IS AN ATTEMPT TO (COLLECT A DEBT AND ANY INFORllATION OBTAINED IN
RESPONSE TO THIS WILL BE USED TO FURTHER THAT END.
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VERIFICATION
I, Audrey J. Rosario-Otero, authorized representative for Plaintiff, depose and say subject
to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the
facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and COITect to the
best of my information, knowledge and belief.
~!llgpJ-~
Assistant Vice President
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-08785 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK ET AL
VS
BAKER WILBUR D ET AL
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BAKER WILBUR D A/K/A WILBUR D BAKER JR 3
the
DEFENDANT
, at 0014:35 HOURS, on the 28th day of December, 2000
at 891 HAWTHORN AVE
MECHANICSBURG, PA 17055
by handing to
MARGARET BAKER (WIFE)
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
18.00
6.20
.00
10.00
.00
34.20
So Answers:
~M,"1~t:~~
R. Thomas Kline
12/29/2000
JAMES, SMITH, DURKIN & CONNELY
Sworn and Subscribed to before
By:
De#~'
me this 3~ day of
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-08785 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK ET AL
VS
BAKER WILBUR D ET AL
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BAKER MARGARET E
the
DEFENDANT
, at 0014:35 HOURS, on the 28th day of December, 2000
at 891 HAWTHORN AVE
MECHANICSBURG, PA 17055
by handing to
MARGARET BAKER
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
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6.00
.00
.00
10.00
.00
16.00
R. Thomas Kline
12/29/2000
JAMES, SMITH, DURKIN, CONNELLY
Sworn and Subscribed to before
By:
Dep~f#
me this 3~ day of
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK, f/k/a THE FIRST CIVIL DIVISION
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN No.: 00-8785 CIVIL
DEPOSIT BANK AND TRUST
COMPANY, ISSUE NUMBER:
Plaintiff, TYPE OF PLEADING:
vs.
WILBURD. BAKER
a/k/a WILBUR D. BAKER JR.
and MARGARET E. BAKER,
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
Defendants.
FILED ON BEHALF OF:
Allfirst Bank, f/k/a The First National Bank of
Maryland, successor by merger to Dauphin
Deposit Bank and Trust Company,
Plaintiff
I Hereby certify that the last known address
ofDefendant(s) is/ar~:
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. LD. #55650
Attorney for Plaintiff
JAMES, SMITH, DURKIN & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
Plaintiff,
CIVIL DIVISION
NO.: 00-8785 Civil Term
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIRlMADAM:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, Wilbur D. Baker a/k/a Wilbur D. Baker Jr. and Margaret E. Baker, in the
amount of $62,773.40 which is itemized as follows:
Principal
Interest through 01/29/01
Late Charges
Other Fees
Attorney's Fees
Court, Sheriff & Title Costs
$ 55,304.56
$ 3,851.68
$ 250.16
$ 67.00
$ 800.00
$ 2.500.00
TOTAL
$ 62,773.40
plus interest on the principal sum ($55,304.56) from January 29, 2001, at the rate of $12.67 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
By:
Scott A. ie ,
Attorney for laintiff
PA!.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
CONNELLY LLP
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AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYL VANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants are not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices ofIntent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
Sworn to and subscribed before me
thiS~Of~LL2001.
I
~{Y~;fiJuc
My Commission Expires:
Notanal Seal
Penelope J. laFoe. Notary Public
Derry Twp., Dauphin County
My Commission Expires July 26, 2004
Member, PennsylVal1laAssociationolNotartes
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f7k!a THE FIRST.
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER alk!a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
IMPORTANT NOTICE
TO: Wilbur D. Baker
alk!a Wilbur D. Baker Jr.
891 Hawthorn Avenue
Mechanicsburg, PA 17055
DATE OF NOTICE: January 18,2001
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK fi'k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
ys.
WILBUR D. BAKER aIkIa WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
A VIS 0 IMPORTANTE
A. Wilbur D. Baker aIkIa Wilbur D. Baker Jr.
FECHA DEL A VISO:
January 18,2001
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERlDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR
UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA
LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
JAMES, S .
& CONNELLY LLP
DATE:~
BY:
Scott Dletterick, Esquire
PA!.D. 55650
Attorneys for Plaintiff
P.O. Box 650
Hershey,PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRSTBANK ti'k/a THE FIRST
NATIONAl;, BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CML DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
IMPORTANT NOTICE
TO: Margaret E. Baker
891 Hawthorn Avenue
Mechanicsburg, P A 17055
DATE OF NOTICE: January 18,2001
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO 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 YOUR 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.
-.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
.
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
VS.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
A VISO IMPORTANTE
A. Margaret E. Baker
FECHA DEL A VISO:
January 18,2001
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXlMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR
UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. US TED DEBE
LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA
LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Phone (717) 249-3166
DATE:#
BY:
, DURKIN & CONNELLY LLP
;1
Sco A. letterick,
PA!.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
FIRST CLASS U.S. MAlL, POSTAGE PREPAID (717) 533-3280
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SHERIFF'S RETURN - REG~LAR
CASE'NO: -2000-08,,,5 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK ET AL
.
VS
BAKER WILBUR D ET AL
KENNETH GaSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
BAKER WILBUR D A/K/A WILBUR D BAKER JR 3
was served upon
the
DEFENDANT
, at 0014:35 HOURS, on the 28th day of December, 2000
at 891 HAWTHORN AVE
MECHANICSBURG, PA 17055
by handing to
MARGARET BAKER (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
18.00
6.20
.00
10.00
.00
34.20
So Answers:
~~~~
R. Thomas Kline
12/29/2000
JAMES, SMITH, DURKIN & CONNELY
A.D.
Sworn and Subscribed to before By:
me this
day of
Prothonotary
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SHERIFF'S RETURN - REGULAR
\,
CASE NO:'2000-08',~5 P
;.,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK ET AL
VS
BAKER WILBUR D ET AL
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BAKER MARGARET E
the
DEFENDANT
, at 0014:35 HOURS, on the 28th day of December, 2000
at 891 HAWTHORN AVE
MECHANICSBURG, PA 17055
by handing to
MARGARET BAKER
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
6.00
.00
.00
10.00
.00
16.00
So .Answ;~ '/ ~;?' !'
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R. . Thomas Kl ine
12/29/2000
JAMES, SMITH, DURKIN, CONNELLY
Sworn and Subscribed to before
By:
Dep~f#
me this
day of
A.D.
Prothonotary
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendlll1ts.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: Margaret E. Baker
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
On..J:::JD .:;>0; :200 (
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $62,773.40
plus interest on the principal sum ($55,304.56) from January 29, 2001, at the rate of$12.67 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
4zo~P/p, 7l;~~
Deputy
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK flk/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER aIkIa WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: Wilbur D. Baker aIkIa Wilbur D. Baker Jr.
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on .J~..J 2 (,) 200 I
I
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $62,773.40
plus interest on the principal sum ($55,304.56) from January 29, 2001, at the rate of $12.67 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
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Deputy
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IN 'lliE <XXJRT OF CCMDN PLEAS OF ClMlERLI\ND COONTY. PENNSYLVANIA
CIVIL DIVISION
Allfirst Bank, f/k/a The First National
Bank of Maryland, successor by merger to
Dauphin Deposit Bank and Trust Company,
Plaintiff
v.
File No. 00-8785 CIVIL
Amount Due $62,773.40
from 1/29/01 to
Interest nAtp of sale
Atty's Corrrn
Costs
$2,305.94
Wilbur D. Baker a/k/a Wilbur D. Baker Jr.
and Margaret E. Baker,
Defendants
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of jUdgrrent, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ of execution in the above 11li9.tter to the Sheriff of CUMBERLAND
County, for debt, interest and costs upon the following described property of the
defendant(s) see attached Exhibit "A"
PRAECIPE FOR ATTACI-fiI1ENT EX:EOJTION
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant ( s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as
real estate of the defendant(s) described in the attached exhi .
z(TI.f 0 I
Signature:
DATE:
Print Name:
Scott A. Dietterick, Esquire
Address:
P.O. Box 650
Hershey, PA 17033
Attorney for: Plaintiff
(717) 533-3280
Telephone:
Supreme Court ID No.:
55650
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LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land,
Township of Upper Allen, County of Cumberland
Pennsylvania, bounded and described as follows:
BEGINNING at a monument on the Eastern line of Emily Drive as
shown on the hereinafter mentioned Plan of Lots; thence by the
Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a point; thence by an arc or curve to the right with
radius of 40 feet, an arc distance of 54.66 feet to a point on the
Southern line of Hawthorn Avenue; thence by the Southern line of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a point; thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees 18 minutes West,
140.01 feet to a monument, at the Place of BEGINNING.
situate in the
and State of
BEING Lot No. 55 in the Plan of Lots of Center Square Manor,
Extension "A", Plan No.7, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 31 at Page 36.
BEING the same premises which Geraldine 1. Spangler, Widow and Sing.le
Woman b Deed dated December 28,1993 and recorded on December 29,1993 III and
for C~b:rland County, in Deed Book Volume S36.' Pa~e 607, granted and conveyed
unto WilburD. Baker, Jr. and Margaret E. Baker, HIS WIfe.
Parcel No.: 42-30-2108-299
Exhibit "A"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ALLFlRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
Allfirst Bank f/k/a The First National Bank of Maryland, successor by merger to
Dauphin Deposit Bank and Trust Company, Plaintiff in the above action, sets forth as of
the date the Praecipe for Writ of Execution was filed the following information
concerning the real property located at 891 Hawthorn Avenue, Mechanicsburg,
Cumberland County, Pennsylvania 17055:
1. Name and Address of Owner(s) or Reputed Owner(s):
WILBUR D. BAKER JR.
891 Hawthorn Avenue
Mechanicsburg, PA 17055
MARGARET E. BAKER
891 Hawthorn Avenue
Mechanicsburg, P A 17055
2. Name and Address ofDefendant(s) in the Judgment:
WILBUR D. BAKER JR.
891 Hawthorn Avenue
Mechanicsburg, PA 17055
MARGARET E. BAKER
891 Hawthorn Avenue
Mechanicsburg, P A 17055
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3. Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
.ALLFIRST BANK, f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
Successor by merger to DAUPHIN
DEPOSIT BANK AND TRUST COMPANY
Plaintiff
4. Name and Address ofthe last record holder of every mortgage of record:
ALLFIRST BANK, f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
Successor by merger to DAUPHIN
DEPOSIT BANK AND TRUST COMPANY
Plaintiff
5.
property:
Name and Address of every other person who has any record lien on the
CUMBERLAND COUNTY TAX
CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
6. Name and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
NONE
7. Name and Address of every other person of whom the Plaintiff has
knowledge who has any interest in the property which may be affected by the sale:
CUMBERLAND COUNTY DOMESTIC
RELATIONS OFFICE
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
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I verify that the statements made in this Affidavit are true and COITect to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
2 -z1 (11
CONNELLY LLP
DATED:
BY:
Sco . ietterick,Esqurre
Pa. 1. . #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Wilbur D. Baker
a/k/a Wilbur D. Baker Jr.
891 Hawthorn Avenue
Mechanicsburg, PA 17055
TAKE NOTICE:
That the Sheriff's Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pelffisylvania 17013 on
Wednesday, June 6, 2001, at 10:00 a.m. prevailing local time.
I
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting ofa statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LO"CATlON of your property to be sold is:
891 Hawthorn Avenue
Mechanicsburg, PA 17055
Cumberland County
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The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-8785 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Wilbur D. Baker a/k/a Wilbur D. Baker Jr. and Margaret E. Baker
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed.' Infomation about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you JImst act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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THE LEGAL RIGHTS YOU MA Y HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED:Z( 2:(1 0)
Scott'A. ie erick, Esquire
Pa. l.D. 55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
BY:
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
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LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land,
Township of Upper Allen, County of Cumberland
Pennsylvania, bounded and described as follows:
situate in
and state
the
of
BEGINNING at a monument on the Eastern line of Emily Drive as
shown on the hereinafter mentioned Plan of Lots; thence by the
Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a point; then<;=e by an arc or curve .to the right with
radius of 40 feet, an arc d~stance of 54.66 feet to a point on the
Southern line of Hawthorn Avenue; thence by the Southern line of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a point; thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees 18 minutes West,
140.01 feet to a monument, at the Place of BEGINNING.
BEING Lot NO. 55 in the Plan of Lots of Center Square Manor,
Extension "A", Plan No.7, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 31 at Page 36.
BEING the same premises which Geraldine 1. ftpangler, Widow and Si~g.le
b Deed dated December 28,1993 and recorded on December 29, 199.:> III and
Woman'b Yl d C unty in Deed Book Volume S36, Page 607, granted and conveyed
for Cum eran 0 , . .
unto WilburD: Baker, Jr. and Margaret E. Baker, His WIfe.
P 1 N . 42-30-2108-299
arce 0..
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Exhibit "A"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER aIkIa WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Margaret E. Baker
891 Hawthorn Avenue
Mechanicsburg, P A 17055
TAKE NOTICE:
That the Sheriff's Sale of Real Property (Real Estate) will be held at the
Cumberland COlffity Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, Jlffie 6, 2001, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured bOlffidaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LO_CATION of your property to be sold is:
891 Hawthorn A venue
Mechanicsburg, P A 17055
Cumberland COlffity
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The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-8785 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Wilbur D. Baker alk!a Wilbur D. Baker Jr. and Margaret E. Baker
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) ,days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you Jllust act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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THE LEGAL RIGHTS YOU MA Y HAVE ARE:
I. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific retum
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED: Zfz.v.f 01
BY:
Scott A. i tterick, Esquire
Pa. l.D. 55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
_ AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
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LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land,
Township of Upper Allen, County of Cumberland
Pennsylvania, bounded and described as follows:
situate in
and state
the
of
BEGINNING at a monument on the Eastern line of Emily Drive as
shown on the hereinafter mentioned P Ian of Lots; thence by the
Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a point; thence by an arc or curVe to the right with
radius of 40 feet, an arc distance of 54.66 feet to a point on the
Southern line of Hawthorn Avenue; thence by the Southern line of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a point; thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees 18 minutes West,
140.01 feet to a monument, at the Place of BEGINNING.
BEING Lot No. 55 in the.Plan of ~ots of Center Square Manor,
Extension "A", Plan No.7, wh~ch Plan ~s recorded in the Cumberland
County Recorder's Office in Plan Book 31 at Page 36.
BEING the same premises which Geraldine L. fipangler, Widow and Sing.Ie
Woman by Deed dated December 28, 1993 and recorded on December 29, 1993 III and
C. 'b I d County in Deed Book Volume S36, Page 607, granted and conveyed
for urn er an, . .
unto Wilbur D. Baker, Jr. and Margaret E. Baker, His Wife.
Parcel No.: 42-30-2108-299
- -
Exhibit "A"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK, flk/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT :
BANK AND TRUST COMPANY,
Plaintiff,
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
CIVIL DIVISION
NO.: 00-8785 Civil Term
ISSUE NO.:
TYPE OF PLEADING:
Pa.R.c.P. RULE 3129.2(C)
AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND
OTHER PARTIES OF INTEREST
CODE:
FILED ON BEHALF OF:
Allfirst Bank, flk/a The First National Bank of
Maryland, successor by merger to Dauphin
Deposit Bank and Trust Company, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. J.D. #55650
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFlRST BANK f/k!a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CNIL DNISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF
DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST
I, Scott A. Dietterick, Esquire, attorney for Allfirst Bank, f/k!a The First National Bank of
Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff, being
duly sworn according to law depose and make the following Affidavit regarding service of
Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendants/Owners and
Other Parties of Interest as follows:
1. Defendants, Wilbur D. Baker a/k/a Wilbur D. Baker Jr. and Margaret E. Baker are
the record owners of the real property.
2. On or about April Hi, 2001, Defendants, Wilbur D. Baker a/k/a Wilbur D. Baker
Jr. and Margaret E. Baker were served with Plaintiffs Notice of Sheriffs Sale of Real Property
Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of
the mortgaged premises, being 891 Hawthorn Avenue, Mechanicsburg, Pennsylvania 17055.
True and correct copies of said Notices and Returns of Service are marked Exhibit n An, attached
hereto and made a part hereof.
p.i:
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3. On or about March 15, 2001, Plaintiffs counsel served all other parties in interest
with Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to Rule
3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and
cOITect copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached
hereto and made a part hereof.
Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties
of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance
with Pa. R.C.P. 3129.2.
Dated:
4 Z501
& CONNELLY LLP
BY:
Scott i ten ,
Pa. J.D. #55 50
Attorneys for Plaintiff
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
Sworn to and subscribed before me this
8fl40frt}n! ~
Qf/nJij rYQ-
Notary Public -
MY COMMISSION EXPIRES:
Notarial Seal
Penelope J. lafoe, Notary Public
Derry Twp., Dauphin County
My Commission Expires July 26, 2004
Member, Pennsy;vaniaAsscclationofNolaries
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Allfirst Bank, flk! a The First
National Bank ofMD, successor
By merger to Dauphin Deposit Bank
& Trust Company
VS
Wilbur D. Baker a/k/a Wilbur D. Baker, Jr.
And Margaret E. Baker
In the Court of Common Pleas
of Cumberland County, Pennsylvania
No.2000-8785 Civil
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
says on April 16, 2001 at 7:40 o'clock P.M. EDST, he posted a copy of Real Estate Writ
Notice Poster and Description on the property of Wilbur D. Baker and Margaret E. Baker
located at 891 Hawthorn Ave. Mechanicsburg, Cumberland COlmty, Pennsylvania,
according to law.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
says on April 16, 2001 at 7:40 o'clock PM 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: Wilbur D. Baker, by making known unto Margaret Baker,
wife, at 891 Hawthorn Ave., Mechanicsburg, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said true and attested copies
of the same.
Genlld Worthington, Deputy Sheriff, who being duly sworn according to law,
says on April 16, 2001 at 7:40 o'clock PM 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: Margaret Baker, by making known unto Margaret Baker at 891
Hawthorn Ave, Mechanicsburg, Cumberland County, Pennsylvania, its conte)lts and at
the same time handing to her personally the said true and attested copies of the same.
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: Wilbur D. Baker by regular mail to his last known address, 891
Hawthorn Ave. Mechanicsburg, P A. This letter was mailed under the date of April 1 7,
2001 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: Margaret E. Baker by regular mail to her last known address, 891
Hawthorn Ave Mechanicsburg, P A. This letter was mailed under the date of April 17 ,
2001 and never returned to the Sheriffs Office.
S~&
1:..-#4 lr~~?~
itTIbmas Kline, Sheriff
By ~~S~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a/k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PEfiNSYL VANIA RULE OF CIVIL PROCEDURE 3129
Margaret E. Baker
891 Hawthorn Avenue
Mechanicsburg, P A 17055
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, June 6, 2001, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LOCATION of your property to be sold is:
891 Hawthorn Avenue
Mechanicsburg, P A 17055
Cumberland County
'~;
The JUDGMENT under or pursuant to which your property is being sold is
docketed to;
No. 00-8785 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Wilbur D. Baker alk!a Wilbur D. Baker Jr. and Margaret E. Baker
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days ~fthe date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, PeffilSylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you plUst act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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THE LEGAL RIGHTS YOU MAY HA VB ARE:
I. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
) Office, C\iniberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
JAMES, SMITHt\DURKIN & CONNELLY LLP
DATED: 2/'0"101
BY:
Scott A. i tterick, Esquire
Pa. J.D. 55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a/kIa WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PE~NSYL VANIA RULE OF CIVIL PROCEDURE 3129
Wilbur D. Baker
aIkIa Wilbur D. Baker Jr.
891 Hawthorn Avenue
Mechanicsburg, P A 17055
TAKE NOTICE:
That the Sheriff's Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, June 6, 2001, at 10:00 a.m. prevailing local time.
J
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting ofa statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXIDBIT "A").
The LOL:ATION of your property to be sold is:
891 Hawthorn Avenue
Mechanicsburg, P A 17055
Cumberland County
..-,'-1" ~
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The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-8785 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Wilbur D. Baker a!k/a Wilbur D. Baker Jr. and Margaret E. Baker
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (l0) days of the date it is filed. . Information about the Schedule of Distribution may'
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you plust act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
..,....,..~,~~
~'~~~
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;,,'
.. ~~.
'" ~""- . . " - Y,-
.
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
) Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED: Z( 2'(1 0)
Scott 'A. ie erick, Esquire
Pa. J.D. 55650
Attorneys for Plaintiff
P.O. Box 650
Hershey,PA 17033
(717) 533-3280
BY:
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
_ AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK fi'k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
}
TO: Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on Wednesday, June 6, 2001 at 10:00 a.m., the following described real estate which Wilbur D.
Baker a/k/a Wilbur D. Baker Jr. and Margaret E. Baker are the owners or reputed owners and on
which you may hold a lien or have an interest which could be affected by the sale of:
891 Hawthorn Avenue
Mechanicsburg, Pennsylvania 17055
Cumberland County
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn).
The said Writ of Execution has been issued on ajudgment in the action of
ALLFIRST BANK flk/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
Plaintiff,
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
at EX. NO. 00-8785 Civil Term in the amount of $62,773.40, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you
should contact your attomey as soon as possible.
JAMES, SMITH, DURKIN &
CONNEL LLP
Dated:#
By:
Scott A. ett ick, Esquire
PA ill #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land,
Township of Upper Allen, County of Cumberland
Pennsylvania, bounded and described as follows:
situate in
and state
the
of
BEGINNING at a monument, on the Eastern line of Emily Drive as
shown on the hereinafter mentioned Plan of Lots j thence by the
Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a pointj thence by an arc or curve to the right with
radius of 40 feet, an arc distance of 54.66 feet to a point on the
Southern l:i;ne of Hawthorn Avenuej thence bv the Southern line 'of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a pointj thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees .18 minutes West,
140.01 feet to a monument, at the Place of BEGINNING.
BEING Lot No. 55 in the Plan of Lots of Center square Manor,
Extension "A", Plan No.7, which Plan is recorded in the cumberland
County Recorder's Office in Plan Book 31 at Page 36.
BEING the same premises which Geraldine 1. Spangler, Widow and Single
Woman, by Deed dated December 28, 1993 and recorded on December 29, 1993 m and
:D Cumberland County, in Deed Book Volume 836, Page 607, granted and conveyed
;to Wilbur D. Baker, Jr. and Margaret E. Baker, His Wife.
Parcel No.: 42~30-2108-279
Exhibit" A"
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U.S. POSTAL SERVICE CERTIFICATE OF MAILlN(
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LAW OFFICE
JAMES, SMITH, DURKIN &
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P.O. BOX 650
HERS Y. PA 17033
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ALLFIRST BANK fik/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff;
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST
PURSUANT TO Pa.R.C.P. 3129(b)
)
TO: Cumberland County Domestic Relations Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
South Hanover Street
Carlisle, Pennsylvania 17013
on Wednesday, June 6, 2001 at 10:00 a.m., the following described real estate which Wilbur D.
Baker a/k1a Wilbur D. Baker Jr. and Margaret E. Baker are the owners or reputed owners and on
which you may hold a lien or have an interest which could be affected by the sale of:
891 HawtbomAvenue
Mechanicsburg, Pennsylvania 17055
Cumberland County
....
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
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The said Writ of Execution has been issued on a judgment in the action of
ALLFIRST BANK f/kIa THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHl1::l' DEPOSIT
BANK AND TRUST COMPANY,
Plaintiff,
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
at EX. NO. 00-8785 Civil Term in the amount of $62,773.40, plus interest and costs.
Claims against property must be filed at the Office of the Sheriff before above sale date.
) ,
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from the sale date.
Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office
of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the
Office of the Sheriff.
If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you
should contact your attomey as soon as possible.
Dated: '))) 4) a I
JAMES, SMITH, DURKIN &
CONNEL~jY LLP
\
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By:
Scott A. Dlett rick, Esquire
PA ID #55650
Attorney for Plaintiff
P.O. Box 650
Hershey,PA 17033
(717) 533-3280
-
LEGAL DESCRIPTION
.ALL TR.".T CERTAIN piece or parcel of land, situate in the
Township of Upper Allen, County of Cumberland and State of
Pennsylvania, bounded and described as follows:
BEGINNING at a monument, on the Eastern line of Emily Drive as
shown on the hereinafter mentioned Plan of Lots; thence by the
Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a point; thence by an arc or curve to the right with
radius of 40 feet, an arc distance of 54.66 feet to a point on the
Southern lipe of Hawthorn Avenue; thence by the southern line of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a point; thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees ,18 minutes West,
140.01 feet to a monument, at the Place of BEGINNING.
BEING Lot No. 55 in the Plan of Lots of Center Square Manor,
Extension "A", Plan No.7, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 31 at Page 36.
BEING the same premises which Geraldine 1. Spangler, Widow and Sing!e
Woman, by Deed dated December 28,1993 and recorded on December 29, 1993 III and
for Cumberland County, in Deed Book Volume S36: Pa~e 607, granted and conveyed
unto Wilbur D. Baker, Jr. and Margaret E. Baker, Hls WIfe.
Parcel No.: 42-30-2108-279
Exhibit "A"
.
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U.S, POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO
PROVIDE FOR INSURANCE~POSTMASTER
ReceivE
SIiDI
<'.l'"l
LAW OFFICE
JAMES, SMITH, DURKIN &
CONNELLY LLP
P.O. BOX 650
PA 17011
One piece of ordinary mail addressed to:
QurnWo..n.d Q". \):;yyw:li.~ Wciliow:J $~~
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Allfirst Bank, f/k/a The First National Bank
OfMD, Successor by merger to Dauphin
Deposit Bank and Trust Company
VS
Wilbur D. Baker a/k/a Wilbur D. Baker, Jr.
Margaret E. Baker
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In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-8785 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriff s Costs:
Docketing
Poundage
Posting Bills
Advertising
Law Library
County
Levy
Postpone Sale
Surcharge
Certified mail
Mileage
Law Journal
Patriot News
Share of Bills
30.00
13.37
15.00
15.00
.50
1.00
15.00
30.00
2.38
6.20
302.60
225.60
25.09
$ 681.74
Swom and subscribed to before me
This 3/4A- day of ~
2001, A.D. ~ {2 ~;MjPJ
P 0 onotary
paid by attorney
07-05-01
~~
R. Thomas Kline, Sheriff
Byqo~ Sm:d-h
Real E ate Deputy
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK flk/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER alk/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
Allfirst Bank flk./a The First National Bank of Maryland, successor by merger to.
Dauphin Deposit Bank and Trust Company, Plaintiff in the above action, sets forth as of
the date the Praecipe for Writ of Execution was filed the following information
concerning the real property located at 891 Hawthorn Avenue, Mechanicsburg,
Cumberland County, Pennsylvania 17055:
1. Name and Address ofOwner(s) or Reputed Owner(s):
WILBUR D. BAKER JR.
891 Hawthorn Avenue
Mechanicsburg, P A 17055
MARGARET E. BAKER
891 Hawthom Avenue
Mechanicsburg, PA 17055
II
2. Name and Address ofDefendant(s) in the Judgment:
WILBUR D.BAKER JR.
891 HawthomAvenue
Mechanicsburg, P A 17055
MARGARET E. BAKER
891 Hawthorn Avenue
Mechanicsburg, PA 17055
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3. .Name and Address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
ALLFIRST BANK, f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
Successor by merger to DAUPHIN
DEPOSIT BANK AND TRUST COMPANY
Plaintiff
4. Name and Address of the last record holder of every mortgage of record:
ALLFIRST BANK, f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
Successor by merger to DAUPHIN
DEPOSIT BANK AND TRUST COMPANY
Plaintiff
5.
property :
Name and Address of every other person who has any record lien on the
CUMBERLAND COUNTY TAX
CLAIM BUREAU
Cumberland County Courthouse
One Courthouse Square
Carlisle,PA 17013
6. Name and Address of every other person who has any record interest in
the property and whose interest may be affected by the sale:
NONE
CUMBERLAND COUNTY DOMESTIC
RELATIONS OFFICE
7, Name and Address of every other person of whom the Plaintiff has
knowledge who has any interest in the property which may be affected by the sale:
J
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
,
l- ,
I verify that the statements made in this Affidavit are true and correct to the best
of my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. &4904 relating to unsworn
falsification to authorities.
JAMES, SMIT
CONNELLY LLP
DATED:
2 (z1faJ
BY:
Scott " ietterick, Esquire
Pa. LD. #55650
Attorneys for Plaintiff
PD. Box 650
Hershey, PA 17033
(717) 533-3280
JJ
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Margaret E. Baker
891 HawthomAvenue
Mechanicsburg, PA 17055
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cunlberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, June 6, 2001, at 10:00 a.m. prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting of a statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn).
The LOCATION of your property to be sold is:
891 Hawthorn Avenue
Mechanicsburg, P A 17055
Cumberland County
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The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-8785 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Wilbur D. Baker a!k/a Wilbur D. Baker Jr. and Margaret E. Baker
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you must act promptly.
J
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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THE LEGAL RIGHTS YOU MA YHA VE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against YOUo
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cunlberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED: 2fZ'I./01
BY:
Scott A. i tterick, Esquire
Pa. LD. 55650
Attorne~s for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
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LEGAL DESCRIPTION
ALL 1'HAT CERTAIN piece or parcel of land, situate in the
Township of Upper Allen, County of Cumberland and State of
PennsYlvania, bounded and described as follows:
BEGINNING at a monument. on the Eastern line of Emily Drive as
shown on the hereinafter mentioned Plan of Lots; thence by the
Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a point; thence by an arc or curve to the right with
radius of 40 feet, an arc distance of 54.66 feet to a point on the
Southern line of Hawthorn Avenue; thence by the Southern line of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a point; thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees ,18 minutes West,
140.01 feet to a monument, at the Place of BEGINNING.
BEING Lot No. 55 in the Plan of Lots of Center Square Manor,
Extension "A" I Plan No.7, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 31 at Page 36.
BEING the same premises which Geraldine 1. Spangler, Widow and Sing.le
Woman by Deed dated December 28, 1993 and recorded on December 29,1993 In and
for Ctm;berland County, in Deed Book Volume S36.' Pa~e 607, granted and conveyed
unto Wilbur D, Baker, Jr. and Margaret E. Baker, HJS Wlfe.
Parcel No.: 42-30-2108-279
Exhibit" A"
MAR 12 2001 10:58
717 533 3280
PAGE. 02
Ik"""'".... ~~.' "'
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK flkla THE FIRST
NATIONAL BANK OF MARYLAND,
successor by merger to DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
NO.: 00-8785 Civil Term
Plaintiff,
vs.
WILBUR D. BAKER a!k/a WILBUR D.
BAKER JR. and MARGARET E. BAKER,
Defendants.
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129
Wilbur D. Baker
a!k/a Wilbur D. Baker Jr.
891 Hawthorn Avenue
Mechanicsburg, P A 17055
TAKE NOTICE:
That the Sheriffs Sale of Real Property (Real Estate) will be held at the
Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on
Wednesday, June 6, 2001, at 10:00 a.m. prevailing local time.
J
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
consisting ofa statement of the measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A").
The LO€ATION of your property to be sold is:
891 Hawthorn Avenue
Mechanicsburg, P A 17055
Cumberland County
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The JUDGMENT under or pursuant to which your property is being sold is
docketed to:
No. 00-8785 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Wilbur D. Baker a!k/a Wilbur D. Baker Jr. and Margaret E. Baker
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that
hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty
(30) days after the sale, and distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing exceptions to it, within
ten (10) days of the date it is filed. Information about the Schedule of Distribution may
be obtained from the Sheriff of the Court of Common Pleas of Cumberland County,
South Hanover Street, Carlisle, Pennsylvania 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or taken to pay the Judgment. You may have legal rights
to prevent your property from being taken. A lawyer can advise you more specifically of
these rights. If you wish to exercise your rights, you 91ust act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET FREE LEGAL ADVICE.
Cumberland. County Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
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THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the Judgment if you have a meritorious
defense against the person or company that has entered judgment against
you. You may also file a petition with the same Court if you are aware of
a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale, you may file a petition with the Court of
Common Pleas of Curnberland County to set aside the sale for a grossly
inadequate price or for other proper cause. This petition must be filed
before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned
in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attomey
for the creditor or on the creditor before presentation to the Court and a
proposed order or rule must be attached to the petition. If a specific return
date is desired, such date must be obtained from the Court Administrator's
Office, Cumberland County Courthouse, One Courthouse Square, 4th
Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
DATED:2{ t{/ OJ
BY:
Scott'A.
Pa. LD. 55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED
AND
VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF
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LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, situate in the
Township of Upper Allen, County of Cumberland and state of
Pennsylvania, bounded and described as follows:
BEGINNING at a monument. on the Eastern line of Emily Drive as
shown on the hereinafter mentioned Plan of Lots i thence by the
> Eastern line of Emily Drive, North 18 degrees 42 minutes East,
67.44 feet to a point; thence by an arc or curve to the right with
radius of 40 feet, an arc distance of 54.66 feet to a point on the
Southern line of Hawthorn Avenue; thence by the Southern line of
Hawthorn Avenue, South 83 degrees 00 minutes 30 seconds East,
110.42 feet to a point; thence South 18 degrees 42 minutes West,
129.02 feet to a monument; thence North 71 degrees ,18 minutes West,
140,01 feet to a monument, at the place of BEGINNING.
BEING Lot No. 55 in the Plan of Lots of center Square Manor,
Extension "A" ,Plan No.7, which Plan is recorded in the Cumberland
County Recorder's Office in plan Book 31 at Page 36.
" BEING the same premises which Geraldine 1. Spangler, Widow and Sing!e
Woman, by Deed dated December 28, 1993 and recorded on December 29, 1993 III and
for Cumberland County, in Deed Book Volume 836: Pa~e 607, granted and conveyed
unto Wilbur D, Baker, Jr. and Margaret E. Baker, HiS Wlfe.
Parcel No.: 42-30-2108.279
Exhibit "A"
MAR 12 2001 10:58
717 533 3280
PAGE. 02
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO.OO-8785 CIVIL 19
CIVIL ACJION - LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY:
To satisfy the debt, interest and costs due Allfirst Bank. f/k/a The First National Bank of MD.
successor by merger to' 'Dauphin"Depos,it .Bank and Trust Canpany PLAINTIFF(S)
from Wilbur D, Baker a/k/a Wilbur D. Baker. Jr. and Margaret E. Baker. 891 Hawthorn Ave..
Mechanicsburg PA l7(l'55";--''''--'._''''''",,,,~,,,,,,,,,
'''_.___ ..~;/ ;\ '", DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real es tate located
at 891 Hawthor.r;~mrl{i~': ~[jti~n'icsbl1rg PA 1705.5 (See attached legal
description. )
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(2) You are also directed to attach the propl;ll'ty of the defendant(s) not levied upon in the possession of
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GARNISHEE(S) as follows:
and to not"y the garnishee(s) that: (a) an allachment 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 of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated,
$2.305.94
Due Prothy
Other Costs
$.50
$1.00
Amount Due
Interest from
$62..773.40
1/29/01 to Sale
L.L.
Atty'S Comm %
Atty Paid ~$122. 20
Plaintiff Paid
Date: March 1. 2001
Deputy
by:
Name
REQUESTING PARTY:
Scott A. Dietterick. Esq.
Address:
POBox 650
Attorney for:
Telephone: ( 717 )
Supreme Court ID No.
Hershey PA 17331
Plaintiff
533-3280
55650
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REAL ESTATE SALE No~ 1 '
;,. 1Y1a/l..ftt1 '~J J (J(J I the sneritf levied uponthe d8t8nQali,~
interest in the real property situated in 1~1 01.lfi1 J~tJJ ~
Cumberland County, Pa., known and numb8r8das~1 H1J.J1h1rf({ ~.
(#ff'iA(iVIICtlb()~nd more fully described on exhibit "A" filed with
this wrtt and by this n~ference incorporated herein.
Date: 7lJ 11Af!h ~ ))()D ( By: 9~ ;"f(yfLth
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