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HomeMy WebLinkAbout01-1011 FX " - I, ,1,1 V, ' , BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW THOMAS J, FERRARA, AND MISTY M, FERRARA Defendants ACTION OF MORTGAGE FORECLOSURE if 0 {- J(j {/ C ~ Oct TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTmGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You ltave been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTIIOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTAPAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE,20 DIAS DESPUES DE SER SERVIDO CON EST A DEMANDA Y A VISO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SUABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CON1RA LAS QUEJAS EN ESTA DEMANDA. REC{JERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA, POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 0 <:::) C) c: -, s: ...,., we;:; p, rnr:'1 0::1 ''':1 Z:J ~- r"j en )~: C) -< ...,- r:' c~ < -~.) )>' _..~ C ~..b. ) ;;::: C',I 5> C .. --, z: ~ =<: ~~:; en -< "1,,,.1:,;. '",J.' ~j BANK.oNE, NATIONAL ASSOCIATION, TRUSTEE, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, CNIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THOMAS J, FERRARA AND MISTY M, FERRARA, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. Ifthe Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff ;~ I, ,II , " ~ -, .< ~' BANKONE, NATIONAL ASSOCIATION, TRUSTEE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs, THOMAS J. FERRARA AND MISTY M. FERRARA ACTION OF MORTGAGE FORECLOSURE "J1.",OJ - JOll CWJ. ;-~ Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, BANKONE, NATIONAL ASSOCIATION, TRUSTEE, is a Corporation, with an address of 9275 SKY PARK COURT, SUITE 300, SAN DIEGO, CALIFORNIA 92123. 2, Defendant, THOMAS J. FERRARA, is an adult individual, whose last known address is 410 CASCADE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, MISTY M. FERRARA, is an adult individual, whose last known address is 410 CASCADE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, April 24,2000 the said Defendants, executed and delivered a Mortgage Note in the sum of $88,000.00 payable to MORTGAGE LENDERS NETWORK USA, INC., which Note is attached hereto and marked Exhibit "A". 4, Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1617, Page 1031 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE and recorded in the aforesaid County in Mortgage Book 659, Page 458 on November 6, 2000. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 410 CASCADE ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. " u '" ^ "' " ",~';~ 6. The said Defendants are the real owners ofthe property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1,2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $87,956,70 Interest at $31,03 per day From 6/01100 To 03/01101 (based on contract rate of 12,700%) $8,502.22 Accumulated Late Charges $0,00 Late Charges at $95.29 Per month for 9 months $857.61 Escrow Deficit $0.00 Attorney's Fee at 5% of Principal Balance $4,397,84 $101,714.37 **Together with interest at the per diem rate noted above after March 1, 2001 and other charges and costs to date of Sheriff s Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9, Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00, 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. -' [, J . ~ l1Ibl",iJiJl!cir;~""." 1 I. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 12.700% ($31.03 per diem), together with other charges and costs including escrow advances incidental thereto to of Sheriff's Sale and for foreclosure and sale of the property within described. By: , G & HALLER Leon P. Hall , Esquire Attorney for Plaintiff I.D, # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) -''''I"~ .~ I . . " J Illill!'II!~1 ~I M'II~~'I'I' ~ II 8080005915 NOTE \, NOTE , ~pril 24, 2000 [IbIo] 410 CASCADE ROAD . Plana . Pennsylvania [State] :~ ICity) MECHANICSBUR8, PA 17055 ~Addre"J I. BORROWER'S PROMISE TOPAY In ...... CQr a 10lllllbat I hav. received. I promise ID pay U,S, $ 88,000.00 "prin<:ipal"), plus ink:leat;,lD1hConli;r oCthel.eoder, ThoLeoder is MORTBAGE LENDERS NETIORK IUSA, INC. (this amount is called . I wlllersW1d that the Lender may Il8nsfcr this Note. The Le:mder or anyone wbo rates Ibis Note by transfer and who is enti.dcd to receive payments wulerthis NDIe'iscaUed the "Note Holder." 2; INTEIII!ST Interest will be charged un unpaid principallll1ti1 the IuD amount QC principa1 has been paid. I Wm pay interest at a yearly rare of 12.7000 %. ' Tho interest _ requilod by Ibis SCdion 2,is the _I will pay boIb before sad afu:r ..y defaWt d..a.-bed in Seclion 6(B) of lbisN.... ',PAYMENTS (A) Tim. and Place or Paymeats I will pay principal aad interest by _g paymenls every munllt, 1 will makli my munlhly payments un the2Bth day Qf each ..QRIIt 1JealnnIng 011 May 28 . 2000 .1 will make II1ese payments every """,lit ""till have paid all oClb. principa1 and interest sad ..y Qlber charges d..ailled below that I may owe WIder Ibis N....My monlhly paymenls will be applied ID interest before principal, If, on April 28 .2030 .1 sDD owe amounts under Ibis Note, J will pay those amountS in fun on thai: dale, which is called the "MaIudIy Dao:. " , , 1 will make my mondlly payments at MIDDLESEX CORP. CENTER l1TN FL, 213 COURT ST., MIDDLETOWN CT 06457 or at a different place if required by the Note Holder. (8) AmOllllt oCMnoWy Payments My mootbJy _..it will be in lite amoumQfU.s. $ 4. BOlUlQWER'S RIGHT TO PREPAY I have the right to make paymeutS of priD~ atlU1Y time before they are due. -A payment of principal only is kno?m as a "prepaymenL" When 1 maJre a prepayme1lL I willldl.!be NOlO Holder in wriIinil that.! am doing .0., ' I may malo: . full prepayment or J1Utial ~ wilboat paying any prepayment _80. Tho NOlO Holder will..., all of "'y prepaymeots to nidwie 1b.lIIlI01IIIt of principal' that I owe under Ibis NOlO, If I malo: . paniaI ptepaym"'L there wmbe no changes in the due date O1':in die amount of my rfumdily payment unless lbeNotc: Holder agrees in writing 10 those changes. 5. LOAN CHARGES ' If a law. which app1U=s to this loan and wbich sets maximmn loan charges. is finally interpreted so dw the interest or other loan oI1ara" 00_ or ID 1>0 coIIecflld in coonectiOn wiIh this loan exceed !be permitted 1imiIs, then: (i) any sncb loan _ge sbaI) be reduced by !beamoont Roc:essary ID _co !be c:lun'ge 0> lite permiIald IimiI; sad (ii) ..y sums _y coIIecflld from me which exceeded permilled IlmiJswil1 be tefunded ID me, Tho Note Holder may ch.... ID make this tefund by reducing !be principa1'1 ow. lInder this Note or by making a direct paymeDt ro me. H a refund reduces principal. the reduction wiD be ueated as a Pania1 prepaym.... ' e. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge Cor Ovoid.. Paym_ If !be Note Holder has not received !be IuD amOWlt of ..y monlhly payment by lb. end QC 1 0 calendar day. afu:r !be date it is due. I wID pay a IaIe cbarge to the Note Holder. The amounl'of Ihe charge wiD be 10. DODO % of my overdue paylilent of principal arid. intereSt. I will pay Ibis IaIe charge pmmpdy but only once on eacb late paymeoL (8) Default If I do not pay the fuU amount of each monthly payment on the dale it is due. I will be in default IIULTlSTATE FIXED RATE NOTE- Single Fam", ~ FNMAlFHLMC Uniform In'lIument dft"'lIo&R 18105}.llI' forml-'lG012tU ..-. Amended 5191 VMP MORTGAGE FORMS. (3J:lJze:S.810D 'l'IJlI.4!2~'bflI1JA "" PIl8"0I2 Inhlall:~",y\F 952.81 " '... ,. E~h,k;)Jr \I A" k- '"~k ..,;,ul,~ '".~ j,^ -=- '~ - -I' . . -. 8080005918 ',. " , (C) NotkeofDelault ' :' If I am in del'auII, tlle Nolo \lollIer may semi me. _1l<lIite u:IIlo8 ma\hatil I do not pay lheovudue _ by._ -. 1I1e Nolo Holder _ require me 10 pay bnmedialeIylhc full amount ofpxincip;d wbieh has nol been paid and aD die in_lhat I owe on thatamount,11uItdate must be 81 ~ 30 days id'ter tbedate OD which die notice is delivered or niaiIed 10 me. (D) No Waiver llyN.... Holder 1 Even :if, at '8 _ when I'am in ddault. the Note Holder does not require me 10 pay immcdialely in full as descn'bed above, the Nolo Ho1deiwilIsliD,bllve du:QlhllOdo,oifl am in deIltuItatalJuertlme. ' (E) PaymODtofNole HoIder', C_ aad,lbp_ ' If 1I1e NolO HoIdtll' hasrequiled me 10 P'l' ~y in full.. dc't1ibe4 above, 111. NOIe Holder wiD have 1I1e righl 10 be paid back by me lor aD of illl eosts and, """"""'" 10 enfon:iDg 1hia NOIe 10 du: ....., Det probibiled by applicable law. TIt"", """"""'" include,for.....lde._Ie_'. fees. 7. GIVING OF NOTICES Unloss applicable law ........ . diII_,1lIIl1hod, ..y ..lice \hat ...... be giveo 10 me IIIIdos 1hia Now will be given by ddiv!'ring It or by mulling II by firat c:Iasa mail 10 me 81lhc Property Address above or 81. diII....,_ if I give 1I1e NOle Holder a notice of my different address., ' Any D_\hat ..... be given III tlle Now HoIdtll'under 111;' Nolo will be given by mailing It by firat claas mail III tlle Now Holde!' at du: ad4!ess a1llled in S,ection 3(A)@boveor81adilferenladdressillamgIVell.noliceofthatdillll<Dladdreas. 8. OBLIGA~ONSOF PERSONS tINDEll, TlDSNOTI! 11 more than one (leIllOIl algas 1hia 1'1.... each _ is fully and porSonaIIy ob1i8ale4 III keep an 01 the promises made in 1hia NOIe, including 1I1e promlae III pay the full amowlt owed Any pen.on who is a 8lI8JaD1or. '""'Y, or en_ of1hia NDIo is also obligOred 10 do 1I1eae1hiDgs. Any person whD O!ke.s over Ibese Dbligationa. inc1udinIi lito obligalinnS of a --"lor. surety or_ of diia Nolo. is also DbligatM 10 keep an of 1hc promises made in 1hia 1'1.... The Jildte HoIder may ellfon:e its righlll under 1hia Nole againSt each person indlvlduaDy or apinat all 01 us together. Thia 10.... lhat any one of us may be "",_ 10 pay aD of the amoOOIll mved under 1hia NDIe. ' :, '.WAIVERS ", I and any olher person who has oblipJions under ~ Note waive the rights of presentment and notice of diShonor. "Presen"".... ...... the tighl,lO require tile Now HoIder" _ payment of_ due. ''Nolite of dishonor" ......lhe right to require Ihe NO!e ~ to give notice to other persons ihatamounts due have nol bceD paid. 10. llNIFORMSECU1lI!D NOTE This NOlC is a uniform insImment willi limiIed variaJions in some jurisdicIions.1D addition 10 Ihe protccIions given to Ihe NolC H~ ooder 1hia N.... . Mortgage. Deed of T_ or S!tJIrity Deed (die 'Seeurlty InSllUlllellI"). da1ed 1I1e same dale .. 1hia NolO. pro~ 1hc N"", \lollIer 110m posslliIe _ wbieh might result if 1 do not toep !he promises wbieh 1 make in 1hia Now, That Security IDalrumelll _ bDW and IIIIdos what condilim1s I _ be requileillO make __ paymenl in full of all amOWlIll I owe under Ibis Note. Some of Ihose conditioDs are describ(ld as follows: TraDsrerDIlbePrnpertyor8BeoelicIalllllierestlnBorrnwer. If an or..y part of 1I1e Property or..y interest. in it,is sold or bansfemlCl (or if a beIIeficia1 interest in Borrower is sold or lnUlsfened and Bmrowcr is not a . __......) without Lender', prior _ ......~ LeDder _. at iIs nplkm. require immediaJe payment in full"" of aD sums _ by 1hia S!tJIrity IDsIrnmeDL However. 1hia nption ahaU nol beexacised by Lender if exercise is probibitlldbY_Iaw..oflhe~of1hiaSeeurltyIns\lUttleDl. '" If Lender exeR:ises'1hia option, Lender ahaU give Bmmwer notk:e of -. TIt, D_ ahaU provide a " period of DOl Jess !ban 30 days 110m the dale lhcnotice is delivered or mailed wi1hiD whieh BODOwer 10"" pay an " sums _ by 1hia S!tJIrity InSllulllellL If Bounwer faJIa In pay Ibese ..... prior 10 tile el<pirmion Df 1hia periDd, ".. 'Lender may invoke any leII1edies penniIted by Ibis Securil.y Instrument wiIbont further notice or demand on I, ~~ .. WITNllSS TIlE HAND(S) AND SEAL(S) OF TIlE 1lNDBRSIGNED. J~~ THOMAS ;)PERRARA SSN: 184-48-9&90 'I (Seal) -BClZtOWer L .~ ~ I11v , ?/ ("'.~ MISTY~ER AHA. SSN: 186-52-5740 (Seal) -Bonower (Seal) "Bonow~ (Seal) .Borrower SSN: SSN: (Sign Original Only) ~~5R(1I10$I.G2 Form 3200 12/83 P.g, 2 III 2 _L ~'" ~ ~ l. ,. <>.-i '"lck ~I', ;1 ,1'",0 "' (j"""~ """(L::: . . -' SCHEDULE 'A' LEGAL DESCRIPTION All that certain piece or parcel ofland, situate in the Township of Upper Allen, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D,P. Raffensperger, Reg. Surv" dated 0612211965, as follows: Beginning at a point on the westerly line of Cascade Road, said point being located at a dislanceof 426.81 feet measured in a northerly direction from the westerly line of Cascade Road from the intersection of the northern line of Kim Acres Drive and the western line of Cascade Road, as shown on the hereinafter mentioned plan of lots; thence along the northern line ofLolNo. 17 on said plan south 82 deg, 37 min, west ]32 feel to a point; thence along other lands now or fonnerly of Lavan H. Miller, north 7 deg, 23 min, west 80 feet to a point; thence along the southern line of Lot No. 19 on said plan north 82 deg. 37 min, east 132 feet'to Cascade Road; thence along the westerly line of Cascade Road south 7 deg. 23 min. west 80 feet to the place of beginning, Being Lot No. 18 on Plan of Section B, Mt. Allen Heights, said plan being recorded in Plan Book 10, page 57, Cumberland County Records, Being the same premises which Harry P. Poneiger and Theora I. Potteiger, by their deed dated 06/2911965 and recorded in the Recorder of Deeds Office of Cumberland County on 07/03/1965, granted and conveyed unto Joseph Ferrara and Grace C, Ferrara, Tax ID #: 42-28-2421-251 nl~ 'T J(l Mvl1F r 1{\t1!bi\ " ()" " . --.,1 I, I"J ~L" VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure a.re true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 15, 2001 ~- Leon P. Haller, Esquire ,~ , I I J ~I~", f" .} CASE NO: 2001-01011 P SHERIFF'S RETURN - REGULAR . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CTJ1'.1BERLAND BANKONE NATIONAL ASSOCIATION VS FERRARA THOMAS J ET AL DAVID MCIHNNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERRERA THOMAS J the DEFENDANT , at 0018:50 HOURS, on the 21st day of February, 2001 at 410 CASCADE ROAD MECHANICSBURG, PA 17055 by handing to THOMAS FERRERA a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: r~~"'<~~t R. Thomas Kline 02/22/2001 PURCELL, KRUG & HALLER Sworn and Subscribed to before me this J. ~ I:::- day of 1:7;:; ~L A.D. "--<-- (2 ~~. , . lb..,;' rothonotary ,-1'1 By: d9~ 7/lj~ ' Deputy sneriff~ ,~ " I J ~~ ~ ~~>.h x iIl'~I;j., .k SHERIFF'S RETURN - REGULAR CASE NO: 2001-01011 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS FERRARA THOMAS J ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERRERA MISTY M the DEFENDANT , at 0018:50 HOURS, on the 21st day of February, 2001 at 410 CASCADE ROAD MECHANICSBURG, PA 17055 by handing to MISTY FERRERA a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to, the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~.Jrt?-t:~' R. Thomas Kline 02/22/2001 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: f}g~ @~ Deputy Sheriff - me this "a - day of }'-J,Vq .;w" I A.D. .~ Q Ihdt7;, , (~"'i Prothonotary I " .. ~" JJ ""1'-- . . I BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants Thomas J. Ferrara and Misty M. Ferrara for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $31.03 from 6/1/00 to 3/1/01) Accumulated late charges and Late charges ($95.29 per month to 3/01) 5% Attorney's Commission $87,956.70 $ 8,502.22 $ 857.61 TOTAL $ 4,397.84 $81,324.61** ** Together with additional interest at the per diem rate indicated above from March 1, 2001, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALLER By Leon PaPA I #15700 lJ North Front Street Harrisburg, PA 17102 (717) 234-4178 - n ~l ' c_ " , "'''"",,, ~/'''''""'j;~< BANKONE, NATIONAL ASSOCIATION TRUSTEE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE I hereby certify that on June 18, 2003 I served the Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. PURCELL, KRUG & HALLER Leon P. A.D. Attorney for P aintiff 1719 North Front Street Harrisburg, PA 17102 By ~~~- , 1,1 L, J.uL~ BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 20001-01011 THOMAS J, FERRARA AND MISTY M, FERRARA Defendant CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: June 18, 2003 TO: THOMAS J. FERRARA 410 CASCADE ROAD MECHANICSBURG, PA 17055 MISTY M. FERRARA 410 CASCADE ROAD MECHANICSBURG, P A 17055 TIDS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT 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 A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 By L !.D. # 15700 1719 N. Front St, Harrisburg, PA 17102 (717) 234-4178 CC: Michael S. Travis, Esq. Suite 209, 4076 Market Street Camp Hill, PA 17011 . . . -" , ,,'" Mlii!.lt1-i . BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according -to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : before me this ~ day : of ~ 209:S : V~ ~~J , N~; P b ic I, \"J NOiARIAL SEAL MARYLAND K. FERREm, Notary Public Lower Paxton Twp.. Dauphin County My Commission El!P1res Aug, e, 2008 , ~~~~~&-,-"':1i&lH~<!i!illtMImi$:Ui'!\l#ikU<'1il;;i;,!,"''!tt'''ic~~"'''''';''':lii!1f....'d".;*1~Mliilidl!)aD~~ ...w '''~''''~'~ ~ ~ ~ I;I;j I :ilit"-'. - . r t ~ { '1q. ~ . 8 0 C.' r ~ c C~-; ~~~ ~ ~ ;::.- ~f) q]i'~-~ ~'\j ~ a ,) "'-!;:.:=' ...,-.-. " ".",', ~ ~~:J:'~ ~ J ~< "".~ (.:::; -) .--, ~.--~: ' t ~--" , ... "" If: ~:F'~ ~.-~ ~~: (") Pc N '-:'lrn r--. -, ~~ ..,;'.- :j ~ ::;! :D (:.) -< ^" ~ ~ F '~ Z\lJf ""'~ - ~",,-- " ",--, -~'" -",~-,,"',"'^- ,>"'~-',","-"',,"~-~ ,",''''._~' ,,,~T ,> "'~- ~, n . '" 1..1_' ','.';';"- ',..:. ,;, """ ~'--';;~ v' , J~ ,. BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 1833 Ritner Highway, Shippensburg, PA 17257 as follows: Amount due pursuant to Judgment Interest (Per diem of $31.03 from 3/1/01 to 12/10/03) $1;/,'3~:t,;1o- / $ 31,464.42 Late Charges at $95.29 (3/01 to 12/03) $ 3,144.57 $ 825.00 Escrow deficit TOTAL WRIT OIJ'7,118.J6~* III., "'T s "'..0 .j.. charges and costs to the ** Together with any additional interest, date of Sheriff's Sale." ER I . D. # ATTORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 By Dated: September 9, 2003 Attached is a description of the real estate. ~1a~~,..~jtl\i!fii;N~~'~OIJia!blil!1~mii.lfu("drOll\'t"'~,";"",a'~*;<!.lJ~j",,~"."~;,;w"",,iilcltii'!lilfhl!li\~jii~~U'-~". ~;IIlU~ iCJ ~ r- ~, ~ ~ ~ k) ..0 ~ ~ ~ C) :j..: ~ ~ "'" = ~ " . "C ~__ , ^ ';,,~,J,..,_JumgIllbtlJ -~<......",~ ~ !" () 0- ~, C w '.~"" 8 :?"" -q vl.:ri :::/) fT1 r:'~; '"'' ,,,.: zj "0 -~ zr" U))--, (:=J ;:S ~=-' !.--;'" ~~~', -ft )."'c "" ~ Z :=) '-.~1 -<: ,." :0 -< -- ~ -II n [I " , - ,~-- '':'1" I d~',;i": - , 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 in accordance with a survey and plan thereof made by D.P, Raffensperger, Reg. Surv., dated 6/22/1965, as follows: Beginning a.t a poin~ on the 'Westerly line of Cascade Road. said point being located at a distanceof 426.81 feet measured in a northerly direction from the westerly line of Cascade Road from the intersection oCthe northem.linc of Kim Acres Drive and the ~-"western line o.fCascade Road.. as shown on the hereinafter mentioned ,plan of lots; thence along the northern line orLot No. 17 on said plan south 82 deg. 37 min. west 132 feel to a point; thence along other lands now or formerly of Lavan H. Miller, north 7 deg. 23 min. west 80 feet'to a point; thence. along the southem line of Lot No. 19 on said plan north 82 deg. 37 min. easl 132 reet to Cascade Road; thence along the westerly line of Cascade Road south 7 deg. 23 min. west 80 reet to the place of be ginning. Being Lot No. 18 on Plan of Section B, Mt. Allen Heights, said, plan being recorded in Plan Book 10, page 57, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechanicsburg, pennsylvania BEING THE SAME PREMISES which Thomas J. Ferrara as survivor of Grace C. Ferrara and Thomas J. Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NO. 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-251 , i>i~~t~~iUU~1\I;;id!,i:;d-"'41;o)\'''1!,gM,l!>\:J!OO-laStlttill!A''t;;~Mi''';%,;{';:<UU'C.,-,,";1W':;~""'M>!M".',,",";I;{;',~l!I:;_r'!'1!(lti~.~-'~"~-- ~ ,.J_I ",~.."""'lilltiia.11~fMiN'lrr r ~.. .........'''~ _1<&.',;, ~ c-~ --- 0 >u FD \'. 0--l =~ cJ - --- <...)-J ~ ~~ ~ ~ ~ ~ U\ U\ ~- v--. t . ~ c: t ~r {-o igf t~ ~ U f .J jl:. "',~ '- ..'~~ t Jil~<I\'-~ .... ~ II ~~y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOOI-I0ll Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE NATIONAL ASSOCIATION TRUSTEE Plaintiff (s) From THOMAS J FERRARA AND MISTY M FERRARA (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accoWlt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is fOWld in the possession of anyone other than a named garnishee, you are directed to notify birnlher that he/she has been added as a garnishee and is enjoined as above stated. AmoWlt Due$ 81,324.61 L.L.$ 0.50 Interest (pER DIEM OF $31.03 FROM 3/1/01 TO 12/10/03) $31,464.42 Arty's Comm % Due Prothy $1.00 Arty Paid $ 116.90 Plaintiff Paid Date: SEPTEMBER 10, 2003 Other CostsLATE CHARGES AT $95.29 (3//01 TO 12/03) $3,144.57 ESROW DEFICIT $ 825.00 CURTIS R. LONG (Seal) Prothonotary By: ~ - Q.~ Deputy REQUESTING PARTY: Name LEON P HALLER ESQillRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 , "' IU" '" --> , r.' ~-':~ '. .. BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 410 Cascade Road, Mechanicsburg, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appearS of record on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN I' I - , _ - "''-".' - '-~<, , ~ 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 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: TENANTS IF ANY... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) 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. Section 4904 relating to unsworn falsification to authorities. L 0 aller urcell, Krug & Halle 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: september 9, 2003 ~~-lfllillWlp[,j""~~J&j!i!!"~illi:/)fjoili;4~'4liiV_~''''''-'S__,,,,;(,,~'''>.<'''''_:''''''-_!'''''-c;\Ei!;;':fJ.lt'\Ii~.lil'-'"~ ~ , ~ , ,I . ~'illW'IIiill.il<l! .....l_~~w " . 0 0 0 C (e') T' ?;: U) '1:.1 D'-; :71 rn [', ",1 Z -C) , , ...::' ~,- iTI en CJ C) ? r () ~-- .. )";: ::J -n ~: ,. C) );.:-~ '. f'o-,) ;-,"l (=: .) ::c;! :;! ;::; :.0 .~ .< -",Ij., .:: .. 'It -" ,IJ" ',L,__' ,e "- '- -~; .' " BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 10, 2003 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 410 CASCADE ROAD, MECBANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001-01011-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: THOMAS J. 'FERRARA AND MISTY M. FERRARA ~~ ""kl ,'i. 'i;,j"'u.-.;-"i .. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County 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 the within County at the Courthouse address specified herein. 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 away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 ~. "-100 '-" -~"-"-'=-'-"" , 0 ~~ ' ,~ i , THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within 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 - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 "'" , , , -,., 1.-1 ,~-, ,---", ,~"" <I "u ,:,-~ ,j 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 in accordance with a survey and plan thereof made by D.P. Raffensperger, Reg. Surv., dated 6/22/1965, as follows: Beginning at a point on the westerly line of Cascade Road. said point being located at a distanceof 426.81 feet measured in a northerly direction from the westerly line of Cascade Roa,d from the intersection of the northern line of Kim Acres Drive and the "4westem.line of Cascade Road,. as shown on tbe hereinafter mentioned plan of lots; thence along the northern line of Lot No. 17 on said plan south 82 deg. 37 min. west 132 feel to a point; thence along other lands now or formerly of Lavan H. Miller. north 7 deg. 23 min. west 80 feet'to a point; thenc~ along the southern line of Lot No. 19 on said plan north 82 deg. 37 min. east 132 feet to Cascade Road; thence along the westerly line or Cascade Road south 7 deg. 23 min. west 80 feet to the place of beginning. Being Lot No. 18 on Plan of Section B, Mt. Allen Heights, said plan being recorded in Plan Book 10. page 57. Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechanicsburg, Pennsylvania BEING THE SAME PREMISES which Thomas J. Ferrara as survivor of Grace C. Ferrara and Thomas J. Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NO. 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-251 ~~~-j~fuj"liirl;$.~fu..-ill"'lM-j,",0!,,";<~~,,,,,,~,l'ffi;~illJ:;;&,;;,,:.b"'f""".&:i1""""";"!1rjj,',",1Wl11'li;\l~~!liili!liliiiMiti"~""'" '~~iW!fr!~1iiIlil'''ii~ . '1IIl ,,' l' ..~ ~, ~ ~ ,,',," '-.' " ,','"',~ -.,," --i_II .-- 0 0 ;-! c: .....=-. 2" ':/') ~, F~ , ...--1 v ;"'1 [Ii 0 "Ii~.. :z '" t,! ,"-, (;" '" Cl -< S-? ~:: '" ~ -" u'~,;: , --".. c ~" C. ;:'" l'-rl )-; C.- i".,) ~ Z ::::> -:: J-- ::C: --< t~ ,"">,',, '\ "'~"'--. , , ~ ," 1.<1 , .,,, ,"'~ ''"'''''''''0" ",.;;, - , . , BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M; FERRARA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants RETURN OF SERVICE I hereby certify that I havl deposited in the U.S. Mails at Harrisburg, Pennsylvania on 0 --(~t:J-S , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,~"", .'- .,'" ,.""t; JOHN W, PURCELL HOWARD B, KRUG LEON p, HALLER JOHN W, PURCELL JR, BRIAN J, TYLER JILL M, WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEFT, FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717)533-3836 NOTICE TO: Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold real estate will be divested by the sale and that opportunity to protect your interest, if any, b said Sheriff's Sale. By: against the said you have an , g notified of Attorney for Plaintiff '" - 1- :,1,'1'.,.... " '1.,,; -" ] - " "L'!~; BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 10, 2003 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 410 CASCADE ROAD, MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001-01011-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: THOMAS J.' FERRARA AND MISTY M. FERRARA " ' ',,"' , '~--- " ".., , , i<!L .ilillit.!ir; 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 of this County 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 the within County at the Courthouse address specified herein. 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 away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMI?TLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEI?HONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 ~, _, M ~__' ,'J. ~, <,' d c "''''~ ~I ',1- ',cL' ',C ," "," . - "'12', THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within 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 - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 " ,-'" 1..,.,1, " -'" ~ ~ " , ,/,~ 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 in accordance with a survey and plan thereof made by D.P. Raffensperger, Reg. Surv., dated 6/22/1965, as follows: Beginning at a point on the westerly line of Cascade Road, said point being located at a distanceof 426.81 feet measured in a northerly direction from the westerly line of Cascade Road from the intersection of tile northern line of Kim Acres Drive and the ....western line or Cascade Road. as shown on the hereinafter mentioned plan of lots; thence. along the northern line of Lot No. 17 on said plan south 82 deg. 37 min. west 132 feet to a point; ,thence along other lands no'W' or formerly of Lavan H. Miller. north 7 deg. 23 min. west 80 feet 'to a point; thence. along the southern line of Lot No. 19 on said plan north 82 deg. 37 min. east 132 feet to Cascade Road; thence along the westerly tine of Cascade Road south 7 deg. 23 min. west 80 reet to the place of beginning. Being Lot No. 18 on Plan orSection B. Mt. Allen Heights, said plan being recorded in Plan Book 10, page 57, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechanicsburg, Pennsylvania BEING THE SAME PREMISES which Thomas J. Ferrara as survivor of Grace C. Ferrara and Thomas J. Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NO. 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-251 '" - "I" I ' ',~, p '~_ '~->"''%. , . Homecomings v. Ferrara Cumberland County sale 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 71 02 Postage: One piece of ordinary mail addressed to: Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PAl 7055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Misty M. Ferrara 4 10 Cascade Road Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 /_~/r:;-A--'~ Postmark: t;F:;/--<'<(~\ fU)( ,,_ ): \o:~-- / j \()..- ",', , ,>:;")1 \ t- r'~i'~1 ~~~$ POsJ:._ ,!/ \ \ S / 4" ~(c. .....--.._ .-:.-./~ .' f (el~ ~....or ./ : ~ "k:v ~ PUNt'/' B0W€500 . - . 02 11< $ 00.9 0004309714 CCT 01 2003 '. MAILED FROM ZIP CODE 17102 .;, '. "~- l " . "'::;"'i .,0 ' I, I,~ "d- " &: . Homecomings v. Ferrara Cumberland County sale 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an comuliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Michael S, Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 Postmark: ~A ~,5? '? o ~'\ /' Q) ",;"J\ ..>\ CI) ".,.'1c 01 ~POs!, ii" 6J ^'''' '~Q '> '" Q _ iL- II '" . i l4.P;- ~~~T;iVBO'4%S ~ 0~<? ? ~ $ 01.800 --' 02 1A ," eel 01 2003 . 000430971M. ZIP CODE 17102 MA-\\.ED FRO ~;.." '~."';;;""~~~:fiJfiii!"-'ll~i!lIlt~Wit'I'l>M4i,>,;:;",'~'j!~Nrt):IW?i:,"~ill<'''W'' ~_",^"~,,:_".".'-iC""m .i<. =',,- ,',-~" '"~- ,"" ~_e,"""'''.' '"' _,M. , _ ~, , ~", .. ~-' ,- ,--~, ,~ c ~ JiW"'iIM' " I .......J~.i ~..."""'" .. "'~ ,~ , . , '. ' '~,"...,;~_&i1t!_.M - llilIiI1iiii>::c. t , '~ 0 !t (.~;,- , ~ :~c I -Ut::l ..,., ~rn 'cJ i dr 1 -';"'1 _~~rn zr' !li,-;;~}9 I ~)7 N ~;':{':>." .. ".", :?'!:?, t;;;:c , -u ': ;_, 4\ I ~o :r: "'Z'O I 'C< :.J om I ~c ._ ..;...J;_ ~ ?i -c..:> ~, c,J ~ s ~I ILL , ~< i'""liOrwilU:, '. COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Central Penn Propertv Serv Inc is the grantee the same having been sold to said grantee on the 10th day ofDec A.D., 2003, under and by virtue ofa writ Execution issued on the 10th day of.s.w, A.D., 2003, out of the Court of Corum on Pleas of said County as of Civil Term, 2001 Number 1011, at the suit of Bankone NatI Assoc Tr against Thomas J Ferrara & Misty M is duly recorded in Sheriffs Deed Book No. 261, Page 1813. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,.) d ~ day of , A.D2004 Recorder of Deeds """""... --- ;; Bankone National Association Trustee VS Thomas J, Ferrara and Misty M. Ferrara In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2001-1011 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 25,2003 at 10:43 o'clock AM, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Thomas 1. Ferrara and Misty M. Ferrara, by making known unto Thomas Ferrara, personally and husband of Misty M. Ferrara, at 1507 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10,2003 at 2:50 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Thomas J. Ferrara and Misty M. Ferrara located at 410 Cascade Road, Mechanicsburg, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Thomas J. Ferrara and Misty M. Ferrara, by regular mail to their last known addIess of 1507 English Drive, Mechanicsburg, PAl 7055. This letter was mailed under the date'ofOctober 9, 2003 and never returned to the Sheriff's Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due andlegal notice had been given according to law, he exposed the wi1:l).in described prernises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of$80,75LOO to Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc, of 100 South 7th Street, Akron, PA 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$84,6I3,94, Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy $30.00 1,615,02 15.00 15,00 30.00 10.00 .50 LOO 15.18 15.00 I I,' . -=.~" ~~ I J > " . ~, . Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 325.85 281.89 28.90 25.00 39.50 $ 2,477.84 Sworn and subscribed to before me So Answers: - ~~ , .u '- ""t: ~~ ThiS~daYOfQA"''''} -r'K ,- ~ R. Thomas Kline, Sheriff 2004, A.D. ., . () lh.tPa,_), # J ~SwUih ro onotary BY {J Real Esta Deputy ~~ 3D, ()D II y1J (.it- '131,.1{ I f1.,. Jf./l. '1'13 -" "~ ~ . """ ~ -, " _I,j , .L~- lilWlitiii-i SCHEDULE OF DISTRIBUTION SALE NO. 70 Date Filed: January 9, 2004 Writ No. 2001-101 I Civil Term Bankone, National Association, Trustee VS Thomas J. Ferrara and Misty M. Ferrara Sale Date: Buyer: Bid Price: December 10, 2003 Central Penn Property Services, Inc. $80,751.00 Real Debt: Interest: Attorney Costs: Late Charges Escrow Deficit $81,324.61 31,464.42 116.90 3,144.57 825.00 Total: $116,875.50 DISTRIBUTION: Receipts: Cash on account (0911 1103): Cash on account (l211 0/03): Cash on account (12/26/03): $ 1,500.00 10,000.00 74,613.94 Total Receipts: $86,113.94 '-'-" -~ Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland County Tax Claim Bureau Attorney Leon P. Haller Upper Allen Township Bankone, National Association Total Disblllrsements: Balance for distribution: So Answers: r~r.~~~ R. Thomas Kline Sheriff II lli\Yj_''''''''''''.' $2,477.84 200.00 1,023.96 1,023.96 4,579.62 1,500.00 1,531.93 73,776.63 ($86,113.94) 0.00 , .- -III TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 70 Held Wednesday, December 10, 2003 Date: December 10, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated " and recorded , in Cumberland County Deed Book , Page RECITAL: Being the same premises which Thomas J. Ferrara by deed dated April 24, 2000 and recorded June 12, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 223 Page 199 granted and conveyed to Thomas J. Ferrara and Misty M. Ferrara, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Cascade Road and Kim Acres Drive. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Section "B" of Mt. Allen Heights recorded in Plan Book 10 page 57. 7. Building and use restrictions for Mt. Allen Heights recorded in Miscellaneous Record Book 155, Page 766, and Miscellaneous Record Book 165, Page 205. 8. Mortgage in the amount of $75,000.00 given by Joseph Ferrara and Grace C. Ferrara, to '-, ~ j, 1,.-1 - , .~ , - -1" ,,- First American Funding, Inc., dated June 29, 1999 and recorded December 9, 1999 in Mortgage Book 1586, Page 597. 9. Mortgage in the amount of $88,000.00 given by Thomas 1. Ferrara and Misty M. Ferrara to Mortgage Lender's Network USA, Inc., dated April 24, 2000 and recorded June 12,2000 in Mortgage Book 1617 Page 1031. Said mortgage was assigned to Bank, One, N.A. by instrument recorded November 6, 2000 in Miscellaneous Record Book 659, Page 458. Complaint in mortgage foreclosure filed by Bank One, N .A., as Plaintiff against Thomas A. Ferrara and Misty M. Ferrara, as Defendants in the Office of the Prothonotary of Cumberland County on February 20, 2001 to File No. 2001-1011. Judgment in the amount of $81,324.61 entered September 10,2003. 10. Delinquent real estate taxes turned over to Cumberland County Tax Claim Bureau in the amount of $3,005.97 at the time of Sheriff Sale. 11. Municipal lien filed by Upper Allen Township as Plaintiff against Joseph Ferrara and Grace Ferrara as Defendants on May 3, 2001 to File No. 2001-2658 in the amount of $554.22. 12. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 157, Page 98. 13. Rights granted tQ Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 163, Page 34. 14. Rights granted to Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 164, Page 392. 15. Rights granted to Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 164, Page 396. 16. Inheritance taxes due the ConnnonweaIth of Pennsylvania, Department of Revenue for the one-half interest owned in the subject premises by Grace C. Ferrara, deceased. 17. Satisfaotory evidence to be produced that proper notice was given to the holders of ail liens and encumbrances intended to be divested by subject Sheriff's sale. 18. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to' be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~. Robert G. Frey, Agent Note: This Title Report shall not be va d r binding until countersigned by an authorized signatory, ;; - ~, ., REAL- ESTATE SALE NO. 70 Writ No. 2001.1011 eMI Banlt One, National Association Trustee "5. Thomas J. Ferrara and MiSty M. Ferrara Atty.: Leon P. Haller LECAL DESCRIPTION ALL that certain piece or parcel of land. situate In the Township of Up~ per Allen. County of Cumberland. and Stat~ of Pennsylvania, bounded and descrlbed in accordance With a survey and plan thereof made by D.P. Raffensperger, Reg. Surv.. dated 6/22/1965, as follows: Beginning at a point on the west- erly ll.ne of Cascade Road, said point beIng located ala distance of 426.81 feet measured In a northerly dlrec. tion from the westerly line of Cas- cade Road from the intersection of the northem Une of Rim Acres Drtve and the western line of Cascade Road, as shown on the hereinafter mentioned plan oCtots: thence along the northern line of LQt No. 17 on said plan south 82 deg. 37 rntn. west 132 feet to a pmnt; thence along other lands now or fonnerly of Lavan H. Miller. north 7 deg. 23 min. west 80 feet to a point; thence along the southern lIne of Lot No. 19 on said plan north 82 deg. 37 min. east] 32 feet to Cascade Road: thence along the westerly line of Cascade Road south 7 deg. 23 min. west 80 feet to the place of beginning. Being Lot No. 18 on Plan of Sec- Uon 8. Mt Allen Heights. said plan. being recorded in Plan Book 10. page 57, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cas~ cade Road, Mechanicsburg, Penn~ sylvania. BEING THE SAME PREMISES which Thomas J. Ferrara as survi- vor of Grace C. Ferrara and Thom- as J. Ferrara. mollier and son with right of survivorship. by Deed dated 4/24/00 and recorded 6/1.2/00 In Cumberland County Deed Book 223. Page 199. granted and con- veyed unto Thomas J, Ferrara and MiSty M. Ferrara. TO BE SOLD AS THE PROP- ERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NO. 2001-01011 CML TERM. PARCEL NO. 42~28-2421.251, II'~ --~ -",.,- , :Ii !~~~ .~~ , , . I III ~ " J BANKONE, NATIONAL ASSOCIATION TRUSTEE plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 410 Cascade Road, Mechanicsburg, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN , 1,,1 '.'. ~- ~ # 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: UNKNOWN 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: TENANTS IF ANY... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) 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. Section 4904 relating to unsworn falsification to authorities. L 0 aller urcell, Krug & Halle 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 "~" ....... I~,I -""irl.~;"-," BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff .IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-01011 THOMAS J. FERRARA AND MISTY M. FERRARA CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSU~T TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 10, 2003 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. _ (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 410 CASCADE ROAD, MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001-01011-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: THOMAS J.FERRARA AND MISTY M. FERRARA .~" ~-~ IJ ',"i1""",,~. A SCHEDULE OF DISTRIBU~ION, 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 of this County 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 the within County at the Courthouse address specified herein. 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 away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 -- ,"", ....... ~ " ,. I j ,~,~",: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. ,After the Sheriff's Sale you may file a petition with'the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within 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 - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 , .'~ ~......... 1;1 ~."""~ ."-,-, 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 in accordance with a survey and plan thereof made by D.P. Raffensperger, Reg. Surv., dated 6/22/1965, as follows: Beginning at a point on the westerly line of Cascade Ro~ said point being located at a distanceof' 426.81 feet measured in a northerly direction from the westerly line of Cascade Road from the intersection of the 1).orthern line of'Kim Acres Drive and the ~""western line of Cascade Road, as sho'Wl1 on the hereinafter mentioned plan of lots; thence along the northern line of'Lot No. 17 on said plan south 82 deg. 37m;;'. west 132 feet to a point; thence along other lands now or furmerly of Lavan H. Miller. north 7 deg. 23 min~ west 80 feet "to' a point; thence~ along the south.ern line of Lot No. 19 on said plan north 82 deg. 37 min. east 132 feet to Cascade Road; thence along the westerly line of Cascade Road south 7 deg. 23 min. west 80 feet to the place of beginning. Being Lot No. 18 on Plan of Section B. Mt. Allen Heights, said'plan being recorded in Plan Book 10. page 57. Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechanicsburg, P~nnsylvania BEING THE SAME PREMISES which Thomas J. Ferrara as survivor of GraceC. Ferrara and Thomas J. Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NO. 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-251 ~ ~'~ "~. ,~ ".....-1IiiiIiIIIwlIII j .~ 1,1 """"'" - ~c~'=h WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N001-10ll Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE NATIONAL ASSOCIATION TRUSTEE Plaintiff (s) From THOMAS J FERRARA AND MISTY M FERRARA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enj oined as above stated. Amount Due$ 81,324.61 L.L.$ 0.50 Interest (PER DIEM OF $31.03 FROM 3/1/01 TO 12/10/03) $31,464.42 Atty's Comm % Due Prothy $1.00 Atty Paid $ 116.90 Plaintiff Paid Date: SEPTEMBER 10, 2003 Other CostsLATE CHARGES AT $95.29 (3//01 TO 12/03) $3,144.57 ESROW DEFICIT $ 825.00 CURTIS R. LONG (Seal) Prothono~ By: (~~ a. ~P€'AJ Deputy " REQUESTING PARTY: Name LEON P HALLER ESQillRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No, 15700 ~lJij;iYftj"t""';\j'''=O:~''L,>:n''-''-''!,h,:;-';'"'I;r,1",'{'GtU)~'o"";.:",)",~ '"..,j,; """""""$'~1",,;,g~~iliii~\1~II~;~..~1iiI'W>ffl'~ikliili;tt-'~~~M%lil!!r.iltilfill''''''~.~ - "'""'~.~.." 1j"~. -w.'i ~ ' : " Real Estate Sale # 70 On September 15,2003 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 410 Cascade Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15,2003 By: Jtd..u 21\:' J.! Real i~t~4'D;~ I --- ~ 9f\} -~ ",1 = ';7) u1fU YIHV^li.C;t'H[ld :f~! c- 1-; iii-if] "-,' " EOI UJ It E II d3S ,uNI10J ~iH'i"Ja,;no ""11l311S 3;;1 JO 3~J:lJO -" , ~--. ,~ "-- , ","~,~, r FlElIl: ESTATESALENo~ 70 . Writ No. 2001-1011 Civil Term Bank One National . Association Trustee .........."....,..,,/V8 Thomas J. Fprrara and . Misty 1.1, Ferrara Allv.. : Leon p. .Haller OE$Cl'IIPTION ALL.J1IAT CERTAIN P.JccC or' parcel of land, situate in t1Je3~n~hlp ot Upper Allen! County of Cumb~r1and" ,and. S,~\e 6LPeol!Sylvania. bounded . and dc,scrlliif:Jh .a,*ot~W1ce :with a survev and I plan ~(;i:j:ii!-d~' by' D,P. J4ffensperger,~ Reg. SWY., c..11'oo.6142lI.9Q5,.(jji foUam: . '.~J~NNtNG,.at ~rin~.(\U'~ wesi'?tly tine of cascaae Rood, ':, sat pam~ bemg located at a ms\ance 01'41"6,81 feet rr;ea~red in a nm1herly dlrcclion from ,the w~Sl.eil)i llIlt' of Cascade Road : from lhe.-lntersection of the northern line of Kim Ac-tes drive and the we$tem tine ofCascarl~ Road, as shown 011 the hereinafter mentioned plan of iots; !.hence a!.(Ing the nmmern iine <lfLot No, 17 on said plan sou(b 82deg.37inin,West 132 feet to a poInt; thence along otber lands now or formerly of Lavan.If. MUJcr, llorth 7 dtg. 23 min. West 80 feel to a point; Ihencc along the southem fine of Lot No. 19 on said plan North 82 deg. 37 min. East 132,feetLo,cascade Road; thence along the. Westerly Hne of Cao;cade Road SQuth 7 deg. .2} mil!_ We.~t so feet to the place of BEGlNmNG. .. . BEiNG. LofnO:. ,1.8..o!,! Plan of Section B, Mt A.1len ~eigbtS,:..~liid pmn bei11g',recordcd in Plan Book 10, page 51, C1i!'nberI;md County Reeotd~. HAVING ~EON.:,erccJ:oo a dwe)ling known 'as 4[0 ..Oisi:1:ide,. Noird, Mechanicsburg, Pell~s):'hani1t., ' BEING =SAME PREMrSES whkh Tho_ I. Ferrara <Iii survivor of Grace C, Ferrara and ": ':Th9.mas J. Ferrara;, ~et ;mrl ~on, -mID right of f::' :,sur\livorShip';'b,fpeed, cl<!:te4~1;24/00 and recorded :' . :6112100 in t.~~4~ r;Qu~ty Deed Bonk 223, . :Pa~e 199, gran~ and !:dn\~M unto Thomas J. :'F:erroraalld"Mi~ty ri,f F.ercita " ... ::" ~fJ ,BE. SOLl) at; l11e. umpetty of 'Thomas J. ',: :~ ~~.ft:~.M. Ferrara.,p~derjt!d~ent No. :,:,:200l:{)Wl1Cl:o.:ilTerm. . lJ;\!l~Q.,42.~"24:!1.25L__.__~. ,.,,~ _.~".... I,j I. 0_ 'j, ~ , ~ "~ t . ~ ~" THE PA 'fRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No" 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co", a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s} of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #70 Notarial Seal Teny L. Russell, No\aly Public City 01 Harrisburg, Dauphin County My Commission Expires June 6. 2006 Member, Pennsylvania Association Of Notaries ~~ .............. ............. ..................................... My commission expires June 6, 2006 , I CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 \ , Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 281 "89 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid" By...m.......m................................................"m ~ "- - .' = ...:1 -~-, ''''~I '"' - -, REAL ESTATE SALE NO. 70 Writ No. 2001-1011 Civil Bank: One, National Association Trustee vs. Thomas J. Ferrara and I\1isty M. Ferrara Atty.: Leon P. Haller LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Township of Up- per Allen, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger. Reg. Surv;, dated 6/22/1965. as follow", Beginning at a point on the west- erly line of Cascade Road. said point being located at a q.istance of 426.81 feet measured in a northerly direc- tion from the westerly line of Cas- cade Road from the intersection of the northern line of Kim Acres Drive and the western line of Cascade Road, as shown on the hereinafter mentioned plan of lots; thence along the northern line 'Of Lot No. 17 on said plan south 82 deg. 37 min.-west 132 feet to a point; thence along other lands now or formerly of Lavan H. .Miller. north 7 deg. 23 min. west 80 feet to a point: thence along the southern line of Lot No. 19 on said plan north 82 deg. 37 min. eas,! 132 feet to Cascade Rood; thence along the westerly line of Cascade Road south 7 deg. 23 min. west 80 feet to the place of beginning. Being Lot No. 18 on Plan of Sec- tion B. Mt. Allen Heights. said plan being recorded in Plan Book 10. page 57, Cumberland Qounty Records. HAVING TIJEREON ERECTED A DWELLING KNOWN AS 410 Cas- cade Road, Mechanicsburg, Penn- sylvania. BEING THE SAME PREMISES which Thomas J. Ferrara as survi- vor of Grace C. Ferrara and Thom- as J. Ferrara, mother and son with right of survivorship. by Deed 'dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and con- veyed unto Thomas J. Ferrara and Misty M. Ferrara. I TO BE SOLD AS THE PROP- ERTY OF THOMAS J. FERRARA AND MlS1Y M. FERRARA UNDER JUDGMENT NO. 2001-01011 ClVlL TERM. PARCEL NO. 42-28-2421-251. ,j ~I..J . "",, '- y,..),~- '. " : ., . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being du1y sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 '.,' Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - , Editor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER. 2003 SEAL LOIS E. SNYDER, Notary Public Carlisle BolO, Cumberland County My Commission Expires Maroll5, 2005 . -