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HomeMy WebLinkAbout01-05360ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff v. NEWS-CHRONICLE COMPANY Defendant NOTICE CIVIL ACTION -LAW NO.O ! - 5.~6C~ L.lv ~~~~rzy~, MORTGAGE FORECLOSURE / YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Date: September 10, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEEPER, WOOD, ALLEN & RAHAL By: ~> Eu~ ne . P pinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff ALLFIRST BANK, successor to IN THE COURT OF COMMON PLEAS OF VALLEY BANK AND TRUST COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAnW C,~ v. NO. C~I--S'3(d~ ~io~~ l~ NEWS-CHRONICLE COMPANY MORTGAGE FORECLOSURE Defendant NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted nose defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Date: September 10, 2001 KEEPER, W OD, ALLEN & RAHAL By: Eu a E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff .~ ~ ; - ..::: _ -: . ...yi:. ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff v. NEWS-CHRONICLE COMPANY Defendant COMPLAINT CIVIL ACTION -LAW NO. d I -s3eati ~o~ ~ ~~-~'"-l MORTGAGE FORECLOSURE 1. Plaintiff Allfirst Bank, successor to Valley Bank and Trust Company, is a Maryland state-chartered commercial bank, with an office at 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant News-Chronicle Company is a Pennsylvania corporation, whose address is P.O. Box 100, Shippensburg, Pennsylvania 17257. 3. The Defendant is the owner of a tract(s) or parcel(s) of land with buildings and other improvements thereon located in the Township of Shippensburg, Cumberland County, Pennsylvania (the "Premises"). The Premises are more fully described hereinafter. 4. On or about February 10, 1989, the Defendant, for good and valuable consideration, executed and delivered a Mortgage Note (the "Note") to Plaintiff. 5. On or about February 10, 1989, the Defendant executed a Mortgage in favor of Plaintiff (the "Mortgage"), which Mortgage was duly recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Mortgage Book 930, page 648. A true and correct copy of the Mortgage is attached hereto, made a part hereof IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA and marked Exhibit A. 6. The failure of the Defendant, among other things, to pay when due and payable the payments underthe Note constitutes a "default" as defined underthe terms of the Mortgage. 7. The Defendant has failed and refused, among other things, to make payments due and payable under the Mortgage. 8. The terms of the Mortgage provide that upon the occurrence of a default by the Defendant, the Plaintiff may accelerate and demand immediate payment of all sums due underthe Mortgage. 9. The sum presently due and payable to Plaintiff by Defendants which is secured by the Mortgage is computed as follows: a. Unpaid Principal $ 183,935.69 b. Accrued Interest through 9/10/01 653.06 c. Attorney's Fees 27.000.00 TOTAL $ 211.588.75 10. Notice of the availability of mortgage assistance under the Homeowners Emergency Mortgage Disclosure Act of 1993 ("Act 91 ") was not required. 11. Notice of Intention to Foreclose pursuant to Section 403 of Act 6 was not required. -2- WHEREFORE, Plaintiff demandsjudgment in the sum of $211,588.75, togetherwith interest as may accrue from and after September 11, 2001, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. KEEPER, WOOD, ALLEN & RAHAL Date: September 10, 2001 By: "~'1~ V'' Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff VERIFICATION The undersigned, Kenneth L. Milliken, hereby verifies and states that: 1. He is Assistant Vice President of Allfirst Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Kenneth L. Milliken Dated: September r!3 , 2001 .._. . ,~ ~~ Form M ] Mortgage ~ , tort t.[ ~ ~ ~ +.,i ~ ', J UJ 1 f.J l I Made the . ~ O -~'" day of Fe ~ +^ u_c~.-r~ I9 8 9 Between News-Chronicle Company, a Pennsylvania corporation, having a principal office in Shippensburg, Cumberland County, Pennsylvania, ------------- ----------------------------•---------Ehereinatter, whether one or more, called "Mortgagor") And Valley Bank and Trust Company Qrereinaiter called "Mortgagee"), a Pennsylvania Corporation having its prin- cipal place of busiriess in Chambersburg, Franklin County, Pennsylvania. ~~, t` ~, . Whereas,. Mortgagor has executed and delivered to Mortgagee a Ceriam7~6aua9eri~olte (hereinafter ca]led the "Nofe'7 of even..date herewith payable to the order of Mortgagee in the principal sum of Two Hundred Fifty Thousand --------=--------------------Dollars 1~ `50000.9 lawful money of the United Slates of America, cmd has provided therein for payment of any additional moneys loaned or advanced Ihereunder by Mortgagee, together with interest thereon at the rate provided In the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions, all of which are specifically incorporated herein by reference; Now, Therefore, Mortgagor, in considerption of said debt or principal sum and as security for the payment cf the same and interest as aforesaid, together with all other sums payable hereunder or under the terms of the Note, does-grant cmd convey unto Mortgagee, its successors cmd assigns: All the following described real Shippensburg Township, Cumberland limited as ~o11aWS.: estate lying and being situate in County, Pennsylvania, bounded and BEGINNING at an iron pin at the edge of the concrete on the north side of the Governor Ritner Highway; thence by lands now or formerly of Irvin Smith, North 46 degrees 10 minutes West 180 feet to an iron pin at lands now or formerly of Frank E. Hollar, Jr., and wife; thence by the same, North 43 degrees 50 minutes East 400. feet to an iron pin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 degrees 10 minutes East 180 feet to an iron pin at the edge of the concrete of the aforesaid highway; thence by the same, South 43 degrees 50 minutes West 400 feet tq an iron pin, the place of beginning. THE above-described real estate is the same which Warren W. Carson and Mary A. Carson, his wife, by deed dated June 20, 1960, recorded in Cumberland County, Pa., Deed Book W, Vol. 19, Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corporation, the Mortgagor herein. LESS, HOWEVER, a small tract of real estate conveyed by the Mortgagor .herein to Baker and Russell, Inc., a Pennsylvania corporation, by deed dated September 25, 1972, recorded in Cumberland County, Pa., Deed Book Z, Vol. 26, Page 512. BOOK J3O PAGE 698 .~ '•~ Together w;;h the buildings and i:nprovemants erects;] thereon, 11ie appurlenancas thereunto bci ;ngin-} and tt:e r~vocions, remainders, rents, issues and profits thereof. To Have And To Hold the same unto Mortgagee, its sucwssars and assigns, forever. Provided, $owever, That if Mortgagor shall pay to Mori3:agee .he aforesaid debt or principal sum, iuchrdiny additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder and under the terns ct the Note, toyelher with interest thereon, and shall keep and perform each of the other covenants, condi- tions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and wnveyed shall become void. This Morigfrge is executed and delivered subject lc the following covenants, conditions and agreements: (t) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any Eutwe ba ins or :xivanres that may be made by Martgagee to Mortgagor at any lime of times hereafter and intended by M~_;rlgag ,r and M;;rtriagez to be so evidenced and secured, and such loans and advances shall be added to the principal debt. (2) From Time !o time until said debt rn~d interest are fully paid, Mortgagor shall: (a) pay and discharge, when and as the same shall be due and payable al] taxes, assessments, sewer and water rents, and all other charges, and claims assessed or levied from time to time by any lawful authority upon any part of the mortgaged premises and which shall or might have priority En lien or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay mtd discharge all mechanics' liens which may be filed against said promises and which shall or might have priority in lien or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, including interest and penalties thereon, if any, now or hereafter becoming payable on fhe Note evidencing the debf secured hereby, (d) provide, renew and keep alive by paying the Necessary premiums and charges thereon such policies of hazard and liability insurance as Mort- payee may front time to lime require upon the buildings and improvements now or hereafter erected upon the mort- yaged prcamises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appe..r, and (e) promptly submit to Mortgagee evidence of the due and punctual payment if all the foregoing charges; provided, however, Ihat Martgagee may at its option require that sums sufficient to discharge the tore- goiny ch:uges be paid in installments to Mortgagee. (3) Mcrb3a.~cr shall maintain all buildings and improvements subiect la this Mortgage in gxd and subslan- ;ial repair, as de,ermined by Martgagee. Mortgagea shall have the right to enter upon the mortgaged premises of any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings and improve- ments erected thereon. pi) Iu tlr~ event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain .he kuil_iings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the principal debt securd hereby, and collect the same as apart of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged poarnises, any debt, lien or charge which would be prier la, or on a parity with, the lien of this Mortgage. (6) In case default be made for the space o[ thirty (30) days in the payment of any installment of principal or interest pursuant to the leans o[ the Note, or in the performance by Mortgagor of any of the ocher obligations of [he Note or this Mortgage, the entire unpaid balance of said principal sum, additional loans or ad-:ar.ces and all other sums paid by Mortgagee pursuant fo the terms of the Note or this Mortgage, together with unpaid interest therec%, shall at the option of Mortgagee and without notice become immediately due and payable, and fore- closure proceedings may be brought forthwith on this Mortgage and prosecuted to iudgment, execution and, sale for the collection of the same, together with costs of suit and an attorney's commission for colleclior_ o, five per cent (5'/0) of the total; indebtedness. Mortgagor hereby forever waives and releases all errors in said proceed- ings, waives stay of execution, the right of inquisition and extension of time of payment, agrees h condemnation cf any properly levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any properly lFrat now fs or hereafter may be exempted by law. . The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits thereof shall inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and assigns, and if this Mortgage is executed by more than one person, the undertakings and liability of each shall be ioint and several. Witness the due execution hereof the day and' year first above written. i~t~~~Xk Attest: .. __L0'enln li.fl NEWS-CHRONICLE COp11~';oIA • ~ ^„ r ~Q ! x .c BY f ~:r~,t~U(-_~ ~y~ r n~--vim c v Preside ~. .,r 9 W ~. V tt}r ~ ~ r; ..... ~~Y" l..~f.{, i. ~.' , d '•, , Ia ~ .~ f8f.) ~4}~. l~i . ;c';-b BooK ~,~3~V var.„_ a;:~y Pr ,:v :~5: c , I _ __ r 'n :his, :l:a ~V ~ day of ~.1K~.ur.uM~ tre undersigned officer, F~-sEYer`VC.L+~ mad , echC 3Ct~2:Cl:_-I edged himself to be~President of News-Chronicle Company; Inc., a PA ~~ti a~i~t~i~a`ssid~'h°~ttt~`igne3 the sago. to ~~e~ ~Xts~sox~~erlf[~~acR~X~~eAffidt7kn4~s~~fac~Gltm[~m~~9C therein contained. Tn Witrress Whereof, I hereunto set my hand and official seal. • 3 n _ .. n .-. My commission expires: N07;'.;;IgL cEf,L ------ DDROTIIY R. RICE, Notary Puhlic Shippensburg Dnro, Franklin Co., Pa. My Commission Expires tan. 7, 1991 Commonwealth of Pennsylvania ss: County of Cn this, the day of the undersi 3ned officer, personally appeared ~J 1d k+l 0 satisfactorily proven :o me to be the person whose name subscribed to the within Mortgage, and acknawledged that he executed the same for the ptuposes therein contained. In Winresa Whereof, I hereunto set my hand and official seal. My commission expires: U C. H ~7 ~'~ d cG W C. P+ O U N rl U .rt U 1=. 0 U N 3 N 19 ~"`~ Ltif:se me, 19 ,before me, ~ ~ ww,, W p V ~~j M ss®~ V .~ ,4. ~dU ~, ~` 4 :W ° u ,, `~ ,1/ At1v4, T c w e U w a a x u T d Certificate of Residence of Mortgagee Valley Bank and Trust Company, Mortgagee within named, hereby certifies that its principal place of busine~s,_is„ at Chambersburg, Pennsylvania. ~ ~ " ~ f ^*,, Valley Bank and Trust Company y ~~ Y~ Commonwealth '~ ~PBPF ~ v~-,~ f,a ~f ~r County of f,~~. ~r .~. ,,.;` . _, .: ss: ,... d R U, v 0 a //~~ Recorded in the Office o[ the Re~cord~e~r of Deeds inpa~nd for said Counly on the ~~ day of ~J . , 19 O ~ , in Mortgage Book Volume --- ,page Witness my hand and th said office the and~y~ai~a~oresaid. \v\ ~,~, ~ BOOK J3O PAGE 6~U na`oraer. t~ 9.~ -~ N ~ '^ 'CJ is ," t / ~~t i,~i- /f~- C O ~ /~ ~ GJ~ ' C ,~. C ". ~` >t_ ~ ~~, t^1 ^ ^ y )"'~ 1U' -. _~ _~ C~ ..J ~,~ n~ C s <_J -; ; t ~__~; '~ ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff(s) vs. NEWS-CHRONICLE COMPANY Writ No. 01-5360 CIV (TO BE COMPLETED BY ATTORNEY) Amount $185,442.35 Interest Costs Defendant(s) (TO BE COMPLETED BY PROTHONOTARY) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURRE - P.R.C.P. 31803183 TO THE PROTHONOTARY OF THE SAID COURT: Issue writ of execution in the above captioned case. DATE: September 6, 2002 Signature: _ ~- Print Name: Euge E. in ky, Jr., Esquire Address: 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17101 Attorney for: Plaintiff Telephone: (717) 255-8051 Supreme Court ID No.: 23702 WRIT OF EXECUTION -MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss: TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary By: Deputy r-- ~~,' ~ ~~ ~ ~ N ~ ~1 6' ~' , b` ~ ~- /~, rl %~ -~ -psi 0o c ~~ ~ ~ ~ 'li,~~ `~o~ ~`cc~a ! t t ;~ ~ ; " ~ ~_ ~ . ;n =, ~~ ~ ~' ~ •I n U _ a~ ~; u J/ , ~~- ~ ~ r -i, 7 ~ -i '" aJ -~ f_"i -< a All the following described real Shippensburg Township, Cumberland limited as follows.: estate lying and being situate in County, Pennsylvania, bounded and BEGINNING at an iron pin at the edge of the concrete on the north side of the Governor Ritner Highway; thence by lands now or formerly of Irvin Smith, North 46 degrees 10 minutes West_180 feet to an iron pin at lands now or formerly of Frank E. FIollar, Jr. , and wife; thence by the same, North 43 degrees 50 minutes East 400 feet to an iron pin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 degrees 10 minutes East 180 feet to an iron pin at the edge of the concrete of the aforesaid highway; thence by the same, South 93 degrees 50 minutes West 400 feet to an iron pin, the place of beginning. THE above-described real estate is the same which Warren W. Carson and Mary A. Carson, his wife, by deed dated June 20, 1960, recorded in Cumberland County, Pa., Deed Book W, Vol. 19, Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corporation, LES5, HOWEVER, a small tract of real estate conveyed by the Mortgagor herein to Daker and Russell, Inc., a Pennsylvania corporation, by deed dated September 25, 1972, recorded in Cumberland County, Pa., Deed Book Z, Vol. 26, Page 512. c> .~, c, G. r.; -„ -~ u ~ m ,"'~ art -a 1'r; ~ ~' r -~ n ~;:;-, - ~~ r . - = ' 5:. c ` :. ~ '. i -` _r v.~' '~ c7. -: 1 ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff v. NEWS-CHRONICLE COMPANY Defendant IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5360 CIVIL MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1011 Ritner Highway, Route 11 North, Shippensburg, Cumberland County, Pehnsylvania. Name and address of the Owner(s) or Reputed Owner(s): News-Chronicle Company P.O. Box 100 Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: News-Chronicle Company P.O. Box 100 Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. A. PLAINTIFF HEREIN 4. Name and address of last recorded holder of every mortgage of record: A. PLAINTIFF HEREIN 1 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None 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. KEEPER WOOD ALLEN & RAHAL, LLP Date: September 6, 2002 By:~i~~ Eugene E. Pepinsky, Jr. Attorney I.D. #23702 2101Nalnut Street P.O. Box 11963 Harrisburg, PA 17108-19fi3 (717) 255-8051 4 ®. ~" `9 ~ , ' ~ ~ ~ UtX; ~S "gyp _ ^~~ -ri , ~__.. ~'[' 7 -. G~~ " i~ ~ fr C- _, f3 ,~ ~___. IA ^ ~` ` A „ ,` -y1 ~f~ LY "~ t71 ~ ~ ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 01-5360 CIVIL NEWS-CHRONICLE COMPANY MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real esta#e) will be held: DATE: December 4, 2002 TIME: 10:00 a.m. LOCATION: Commissioner's Hearing Room Cumberland County Courthouse High and Hanover Streets Carlisle, PA 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: 1011 Ritner Highway, Route 11 North, Shippensburg, PA The JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 01-5360 CIVIL The NAME(S) OF THE OWNER(S) OR REPUTED OW NER(S) of this property is (are): NEWS-CHRONICLE COMPANY 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 we 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. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. 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: 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 de#ense 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 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. KEEPER WOOD ALLEN & RAHAL, LLP Dated: September 6, 2002 By: _ Euge . Pepinsky, Jr. Attorney LD. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Writ No. 01-5360 CIV (TO BE COMPLETED BY ATTORNEY) Amount $185,442.35 Plaintiff(s) vs. Interest Costs NEVUS-CHRONICLE COMPANY Defendant(s) (TO BE COMPLETED BY PROTHONOTARY) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY OF THE SAID COURT: Issue writ of execution in the above captioned case. DATE: September 6, 2002 Attorney for: Plaintiff Telephone: (717) 255-8051 Supreme Court ID No.: 23702 Signature: Print Name: Eu-~E. in ky, Jr., Esquire Address: 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17101 WRIT OF EXECUTION -MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary By: Deputy All the following described real Shippensburg Township, Cumberland limited as follows: estate lying and being situate in County, Pennsylvania, bounded and BEGINNING at an iron pin at the edge of the concrete an the north side of the Governor Ritner Highway; thence by lands now or formerly of Irvin Smith, North 46 degrees 10_minutes West. 180 £eet to an iron pin at lands now or formerly of Frank E. Fiollar, Jr., and wife; thence by the same, North 43 degrees 50 minutes East 400 feet to an iron pin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 degrees 10 minutes East 180 feet to an iron pin at the edge of the concrete of the aforesaid highway; thence by the same, South 43 degrees 50 minutes West 400 feet to an iron pin, the place of beginning. THE above-described real estate is the same which Warren w. Carson and Mary A. Carson, his wife, by deed dated June 20, 19b0, recorded in Cumberland County, Pa., Deed Book W, Vol. 19, Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corporation, LESS, HOWEVER, a small tract of real estate conveyed by the Mortgagor herein to Baker and Russell, Inc., a Pennsylvania corporation, by deed .dated September 25, 1972, recorded in Cumberland County, Pa., Deed Book Z, Vol. 26, Page 512. ~'} r_.3 ~..~ ~ .l] ~a U: rq ~? ~__ fir- ~ cnr -<:_ , ; ~'fi :;Y ""' ` :- .~ - --i . ~ ?~7 . mratantramai_ CASE NO: 2001-05360 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS NEWS-CHRONICLE COMPANY 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 NEWS-CHRONICLE DEFENDANT the at 1440:00 HOURS, on the 24th day of September, 2001 at 1011 RITNER HWY SHIPPENSBURG, PA 17257 by handing to DOROTHY SEIBERT OFFICE MANAGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.0 0 13.00 ~~~4 ~ .00 77 10.00 R. Thomas Kline .00 41.00 09/25/2001 KEEFER WOOD ALLEN & RAHAL Sworn and Subscribed to before By: me this ap a. day of ," ~i . 712c~Q.~-~ Prothonotary ' ALLFIRST BANK Plaintiff v. NEWS-CHRONICLE COMPANY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-5360 CIVIL CIVIL ACTION -LAW STIPULATION AND CONSENT TO ENTRY OF JUDGMENT The undersigned hereby stipulate and consent to the Entry of Judgment in favor of Plaintiff and against Defendant for the sum of $185,472.35, representing $172,793.86 principal, $1,178.49 interest and $11,500 attorneys' fees, together with interest as may hereafter accrue and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Mortgaged Premises situate in Shippensburg Township, Cumberland County, Pennsylvania, subject to the following terms and conditions: 1. Plaintiff will not issue execution on this Judgment until after July 1, 2002, provided that Defendant makes monthly principal and interest payments timely. 2. Defendant will furnish to Plaintiff all required financial statements and information by June 7, 2002. 3. Defendant will provide Plaintiff access to the Mortgaged Premises on or after July 1, 2002, at all reasonable times, to perform environmental audits, appraisals and other inspections. 4. Defendant will not oppose or otherwise hinder Plaintiff's efforts to execute on this Judgment and proceed to a Sheriffs Sale, provided that Plaintiff will not file execution papers more than fourteen (14) Business Days prior to the Sheriffs cut-off date. KEE~~yE',R'~,W~ OCOD ALLEIN & RAHAL, LLP Date: May 3, 2002 By: """1`~ ~i'" Eugene p sky, Jr. Attorneys for Plaintiff HANFT & KNIGHT, P.C. Date: May 3, 2002 By: Michael J. Hanft, B quire Attorneys for Defendant Approved by the Court this 3'~ day of May, 2002. BY THE COURT ~- Kevin .Hess, J. ~~ ~~di ALLFIRST BANK, successor to : IN THE COURT OF COMMON PLEAS OF VALLEY BANK AND TRUST COMPANY: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. NO. 01-5360 CIVIL TERM NEWS-CHRONICLE COMPANY, Defendant :MORTGAGE FORECLOSURE NOTICE TO PLEAD TO: ALLFIRST BANK, Plaintiff c/o Eugene E. Pepinsky, Jr., Esquire, its attorney You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. LAW OFFICE OF MICHAEL J. HANFT ~U ~~~~ Richard L. Webber, Jr., Esquire C, Attorney I.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 Attorney for Defendant ALLFIRST BANK, successor to IN THE COURT OF COMMON PLEAS OF VALLEY BANK AND TRUST COMPANY: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION -LAW NO. 01-5360 CIVIL TERM NEWS-CHRONICLE COMPANY, Defendant :MORTGAGE FORECLOSURE ANSWER AND NEW MATTER AND NOW comes the Defendant, New-Chronicle Company, by and through its attorney, Richard L. Webber, Jr., and the Law Office of Michael J. Hanft, and responds to Plaintiff s Complaint as follows: Admitted. 2. Admitted. ANSWER It is admitted that Defendant owns a tract of land with improvements thereon situate in Shippensburg Township, Cumberland County, Pennsylvania. It is denied that Plaintiff s Complaint more fully describes the Premises. 4. Admitted. 5. Admitted. 6. It is admitted that the Note states as such. Any implication that there has been a "default" is denied. 7. Denied. Defendant has made all payments due and payable under the Mortgage; furthermore, Defendant is current with its obligations to Plaintiff. 8. It is admitted that the tenns of the Mortgage aze as stated. Any implication that Plaintiff is entitled to accelerate the principal balance of the Mortgage and demand immediate payment of all sums due under the Mortgage is denied, for reasons stated in Paragraph 7 above and in New Matter below. 9. Denied. Plaintiff is not entitled to accelerate the remaining principal balance of the Mortgage, for reasons stated in Paragraphs 7 and 8 above and in New Matter below. Defendant denies that there is any accrued interest due through September 10, 2001, as the same has been paid by Defendant. Defendant denies that Plaintiff is entitled to the recovery of any attorney fees and further avers that the amount claimed by Plaintiff is excessive, unreasonable, and inconsistent with the terms of the Mortgage. 10. Admitted. I1. Admitted. WHEREFORE, Defendant respectfully requests that Plaintiff s Complaintbe dismissed and that judgment be entered in its favor. NEW MATTER 12. Defendant has made all scheduled payments under the terms of the Mortgage. 13. Defendant is current with respect to all obligations owing to Plaintiff. 14. Defendant has completely performed its obligations to date under the Mortgage and/or Note. 15. Plaintiff has not incurred any monetary losses on the Mortgage and/or Note. 16. Plaintiff has, upon request of Defendant, permitted a number of payments to be made by Defendant subsequent to the date that said payments were due. 17. In early 2000, Plaintiff and Defendant agreed to a schedule of repayment with respect to certain payments that were past due. 1 S. Defendant fully complied with the schedule of repayment. 19. Plaintiff has waived any purported right that it may have with respect to declaring a default. 20. The Mortgage and Note constitute preprinted forms that were provided by Plaintiff on the date of execution of these documents.. 21. The Mortgage and Note were prepazed by Plaintiff. 22. The terms of the Mortgage and Note were not subject to negotiation between the parties prior to execution. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed and that judgment be entered in its favor. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT ~ `L ~/ Richazd L. Webber, Jr., Esquire Attorney I.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 Attorney for Defendant F \Dxr Folder\Firm Docs\Cxndocs2001\1929-3Anawer.wpd VERIFICATION I, Clayton L. Johnston, Chief of Operations of the News-Chronicle, hereby verify that the statements set forth in the attached Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subj ect to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: f d ®~ ~/ CERTIFICATE OF SERVICE AND NO W, this 15th day of October, 2001, I, Richard L. Webber, Jr., Esquire, hereby certify that I have this day served the following person with a copy of the foregoing ANSWER WITH NEW MATTER by depositing same in the United States First Class Mail, Postage Prepaid, addressed as follows: Eugene E. Pepinsky, Jr., Esquire KEEFER, WOOD, ALLEN & RAHAL 210 Walnut Street P.O. Box 11963 Hamsburg, PA 17108-1963 Richard L. Webber, Jr. ALLFIRST BANK, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O1-5360 CIVIL CIVIL ACTION -LAW NEWS-CHRONICLE COMPANY, Defendant IN RE: NONNRY TRIAL ORDER AND NOW, this ~ r day of February, 2002, a pretrial conference in the above captioned matter is set for Monday, March 18, 2002, at 9:00 a.m. in the Chambers of the undersigned. Eugene E. Pepinsky, Esquire For the Plaintiff Richard Webber, Esquire For the Defendant Ce,+a„~ d Court Administrator a-`-o~ ~' :rlm BY THE COURT, ~I~L`+i°,1fS ~ ' FS pry ~ _.~.-, ,.. ..,..~..,. ,.,.r~-~ ALLFIRST BANK, Plaintiff vs. NEWS-CHRONICLE COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5360 CIVIL CIVIL ACTION -LAW 1N RE: PRETRIAL CONFERENCE Present at a pretrial conference held this date were Eugene E. Pepinsky, Esquire, attorney for the plaintiff, and Michael J. Hanft, Esquire, attorney for the defendant. This is a mortgage foreclosure action, the question being whether or not the defendant is in default. Mr. Hang will be taking over representation of the defendant from Richard Webber, Esquire. Mr. Pepinsky indicated that another attorney from his firm may try the case. This uncomplicated nonjury trial has been set for Friday, May 3, 2002, at 2:00 p.m. March 18, 2002 FzCgene E. Pepinsky, Esquire ./'For the Plaintiff ~ichael J. Hang, Esquire 7 /For the Defendant Court Administrator C ~ ~~s v3,is-a2 r :rhn _ _ __ ,_~,. _ I _ '(j4~iani ` i i i :~~4 ~.._ ". _.~ ...-~. .. _. i ._I .. - eu. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. (X ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ALLFIRST BANK, Successor to Valley Bank and Trust Company {Plaintiff) vs. NEWS-CHRO[sICLE CC^1PANY (check one) ( ) Assumpsit ( ) Trespass ( ) Trespass (Motor vehicle) (X) Mortgage foreclosure (other) The trial list will be called on and (Defendant) vs. Trials commence on Pretrials will be held on __ (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No 5360 _ Civil - Indicate the attorney who will try case for the party who files this praecipe: Eugene E. Pepinsky, Esquire 2001 Indicate trial counsel for other parties if known: Richard L. Webber, Jr. , Esquire This case is ready for trial. Signed: _ _____ _ Print Name: __ gene E. Pepinsky January 28, 2002 Plaintiff Date: --_-_--- Attorney for:..-----__-_-_ ....---..---.. C ~ ~ -~ _ ni n ~- z ~, Z r` N +" ~~ ; Y.YCJ ~ ~ ~ D tD ~ GS ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-5360 CIVIL TERM NEWS-CHRONICLE COMPANY MORTGAGE FORECLOSURE Defendant REPLY TO NEW MATTER 12. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 13. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiffs demand has not been satisfied by its receipt of past due installment payments from Defendant. 14. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 15. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 16. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiffs demand has not been satisfied by its receipt of past due installment payments from Defendant. s i 17. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 18. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiffs demand has not been satisfied by its receipt of past due installment payments from Defendant. 19. Denied. By virtue of continuing defaults and delinquencies, Plaintiff accelerated Defendant's loan obligations. Plaintiff's demand has not been satisfied by its receipt of past due installment payments from Defendant. 20. Denied. The agreed upon business terms were inserted. 21. Admitted. 22. Denied. Defendant chose not to negotiate terms because the documents expressed the parties' mutuaE understandings and agreement. W I•IEREFORE, Plaintiff demands judgment in the sum of $211,588.75, togetherwith interest as may accrue from and after September 11, 2001, and costs of suit, and for foreclosure of the Mortgage and judicial sale of the Premises. Date: October~~ 2001 KEEPER, WOOD, ALLEN & RAHAL By. ~' ~` E gen E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff i i .~ VERIFICATION The undersigned, Kenneth L. Milliken, hereby verifies and states that: 1. He is Assistant Vice President of Allfirst Bank, Plaintiff herein; 2. He is authorized to make this Verification on its behalf; 3. The facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. /~~'~ C rF~ G~~! f ` Kenneth L. Milliken Dated: October /~, , 2001 C7 C.,T """ 'i7 ' ~ TJ CL lili'i-; L 7 -~~'7 -~.:, ,,,~ __ !'}~' -- -r'l ~~ D~ T -~; e;~wda..r .axacwre.. ... ..__. _....... .... I. 1 ' - -• _ 4sddxvEimaed.- ej{ y Allfirst Bank, successor to Valley Bank hi The Court of Common Pleas of And Trust Company Cumberland County, Pennsylvania VS Writ No. 200185360 Civil Term News-Chronicle Company R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Eugene Pepinsky. Sheriff s Costs: Docketing 30.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 27.60 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 3748.79 Law Journal 270.05 Patriot News 251.35 Certified Mail 5.09 $4424.58 Sworn and subscribed to before me paid by attorney 12/11/02 This ~7'= day of ~J 2002, A.D. ~? yh.,,eEw, Prothonotary So Answers: R. Thomas Kline, Sheriff BY Real Est to Deputy +I~p ~ 39j44 f \ t ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff v. NEWS-CHRONICLE COMPANY Defendant .~ .. _ "s!"S"`~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA OIVIL ACTION -LAW NO. 01-5360 CIVIL MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Keefer Wood Allen & Rahal, LLP sets forth as of the date the praecipe for the writ of execu#ion was filed, the following information concerning the real property located at 1011 Ritner Highway, Route 11 North, Shippensburg, Cumberland Oounty, Perinsylvania. 1. Name and address of the Owner(s) or Reputed Owner(s): News-Chronicle Company P.O. Box 100 Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: News-Chronicle Company P.O. Box 100 Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold. A. PLAINTIFF HEREIN 4. Name and address of last recorded holder of every mortgage of record: A. PLAINTIFF HEREIN ., 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: None 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 thaffalse statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unswam falsification to authorities. KEEPER WOOD ALLEN & RAHAL, LLP Date: September 6, 2002 By: Eugen . Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Y f A a_ -.k; t 65: A y„ - _ ~ ' .~-` ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff v. CIVIL ACTION -LAW NO. 01-5360 CIVIL NEWS-CHRONICLE COMPANY MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the SherifFs Sale of Real Property (real estate) will be held: DATE: December 4, 2002 TIME: 10:00 a.m. LOCATION: Commissioner's Hearing Room Cumberland County Courthouse High and Hanover Streets Carlisle, PA 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: 1011 Ritner Highway, Route 11 North, Shippensburg, PA The JUDGMENT under or pursuant #o which your property is being sold is docketed in the within Commonwealth and County to: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5360 CIVIL ..~.~ .,_._. ,.. e, .ice- : ,. ', _i__ s~ , a . The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is (are): NEWS-CHRONICLE COMPANY 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 we 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 maybe obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specked 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: 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 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 the within County to set aside the sale for a grossly inadequate price or for s=..=~,.tr ;.:....;.a......... .. _.. _... .,...-w...n..._...~......_..,z.~.~....~ ~.. :._W. ~.wuin.... w......w..m:..vod,.w..sv..m 1 ~ ;_ . I: ... . < 1 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. KEEPER WOOD ALLEN & RAHAL, LLF Dated: September 6, 2002 By: Eugene E. Pe insky, Jr. Attorney LD. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 - ~.;, _ ,~, ~ +\ ALLFIRST BANK, successor to VALLEY BANK AND TRUST COMPANY Plaintiff(s) vs. NEWS-CHRONICLE COMPANY Writ No. 01-5360 CIV (TO 8E COMPLETED BY ATTORNEY) Amount $185,442.35 Interest Costs Defendant(s) (TO BE COMPLETED BY PROTHONOTARY) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY OF THE SAID COURT: Issue writ of execution in the above captioned case. DATE: September 6, 2002 Signature: ~ ~• Print Name: Euge E. in ky, Jr., Esquire Address: 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17101 Attorney for: Plaintiff Telephone: (717) 255-8051 Supreme Court ID No.: 23702 WRIT OF EXECUTION -MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss: TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described in the attached description. DATE: Prothonotary By: Deputy _, . ~: •L Alt the following described real Shippensburg Township, Cumberland limited as follows.: estate lying and being situate in County, Pennsylvania, bounded and BEGINNING at an iron pin at the edge of the concrete on the north side of the Governor Ritner Highway; thence by lands now or formerly of Irvin Smith, North 46 degrees 10 minutes West 180 feet to an iron pin at lands now or formerly of Frank E. Hollar, Jr., and wife; thence by the same, North 43 degrees 50 minutes East 400 feet to an iron pin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 degrees 10 minutes East I80 feet to an iron pin at the edge of the concrete of the aforesaid highway; thence by the same, South 43 degrees 50 minu*_es West 400 feet to an iron pin, the place of beginning. THE above-described real estate is the same which Warren W. Carson and Mary A. Carson, his wife, by deed dated June 20, 1960, recorded in Cumberland County, Pa., Deed Book W, VoI. 19, Fage 558, conveyed to the News-Chronicle Company, a Pe:nsylvania corporation, LESS, HOWEVER, a small tract of real estate conveyed by the Mortgagor herein to Baker and Russell, Inc., a Pennsylvania corporation, by deed dated September 25, 1472, recorded in Cumberland County, Pa „ Deed Book Z, Vol. 26, Page 512. __ _ _ "-- a~ _ ~., , ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5360 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO TILE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIILST BANK, SUCCESSOR TO VALLEY BANK AND TRUST COMPANY, Plaintiff (s) From NEWS-CHRONICLE COMPANY, P.O.BOX 100, SHIPPENSBURG, PA 17257 (1) You aze duected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also duected 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named ganushee, you are duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $185,442.35 L.L. $.50 Interest Atty's Comm % Due Prothy $1.00 Atty Paid $113.00 Other Costs Plaintiff Paid Date: SEPTEMBER 9, 2002 CURTIS R. LONG Prothonot (Seal) By: Deputy REQUESTING PARTY: Name EUGENE E. PEPINSKY, JR., ESQUIRE Address: 210 WALNUT STREET P O BOX 11963 HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-255-8051 Supreme Court ID No. 23702 £'~Fi~'tIR~¢'5'n~k`~ n .i:wY4e'~-.l ,i .. .c .+v.~_-.f.s.J c.vn.x wiv '~4 i ll=.Li-B:sie:4~.. NVJ~.m'~ ~'v.~ ~p' w ' f ti Real Estate Sale # 36 On September 16, 2002 the sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA known and numbered as 1011 Ritner Highway, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 16, 2002 By:.J ~ ~~1 Real Estate Deputy ~0 ~~ :~ j ~ d~S Aa.fa>'. AO J.~i;9~I' ~ ~~;J~C~ .~iuz __ _ _ __ ~ _ __ __ , ~ .. > ~mmu ~_ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says; That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday 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 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recortling of Deeds in and for said County of Dauphin in Miscellaneous Beok "M", Volume 14, Page 317. PUBLICATION % ~ ............. .. .~;; ~....... ...........................y............... COPY Sworn to and subscribed before m 14th da No er 2002 A.D. SALE #36 Notarial Seal Terty L Russell, Notary Public ': City OfHanisburg,DaupMnCounly NO ARY PUBLIC nr ' , U My Commission Expires June 6, 2006 8ns[1n ~. r.. Member, PennsylvaniaAssociaGOnOfNdarfes My commission expires June 6, 2006 6nst~ ~ s>Fr as 6s ~ i Aive~ify,9N'~4,{irvr CUMBERLAND COUNTY SHERIFFS OFFICE yRw~oi. fl.,. , s ~ Oy,~, CUMBERLAND COUNTY COURTHOUSE ^ ~ ~ `` CARLISLE, PA. 17013 ~1u n"3rL ,. , e.~ xn;:,~ ' "` Statement of Advertising Costs ;.. , To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 249.60 Probating same Notary Fee(s) $ 1.75 Total $ 251.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby ackhowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... REAL ESTATE SALE No. 36 Writ NO.20013360 Civil Term , Allflrst Bank, successor , _ 4o Valley Bank antl - - - Trust Company ' .- - ,: a News-Chronicle Comparry _ _ ~'. -~Aity: Eugene Pepinsky, Jr. ~DE3CRIPTION '~ t to foI1Q_wmg~eaciilied-r`eal estate lying w~s~t]p, CumbeClartd Coun[y, ennsylyenla, bounded and limited as follows; ~ ' BEGINNING at an iron pin a[ the edge oC e6ie: conerete -on the. north side of tfie ~~r Rimer Highway; thence by lands o = ar fo"rmeriy of Lvin' Smith, North Q6. e es Iq mmutes West, I80 feet to an iron c m-a lands now or formerly-of Frank E. 'dollar, 3'c, and wife; thence by the same, 1Sorlh 43 degrees 50 minutes Fast 400 feef~ -to_an iron pin at lands now or formerly df 'George Baker and-AllariEussell; thence bX .die saine,~Sdgth 46 degrees 10 minutes Fast ~Qf~'era to an iron 'pin'at~ihe edge'of the" ,sorTCmte oC t7ie`aloresaid Idghway; thence =Gy die-same, South 43 degrees 50 minutes '-'-~.est~OQ'Ieei q ah iron pin, the place of . tore-described real estate is the samb Warren W. Carson and Mary A. his ryife,~byLLdeed~dated Tune 20,~ ego[deiLin_Cum'oerfand County, Pa., logk W, VoL19, Page 553, conveyed ~. News~Chronicle .Company, - a tract of real got herein to ara o'-'~li n, by deed dated September 25, recorded in-Cumberland Counry, Pa., _ ~~Bo~o c~Z, Yo1. T6, Page 512. ~~ :r..rsw... ._.i,..., ~....... __._.. _ _...__.. _ _ >. fit'. k,~. , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 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 :jnd character of publication are true. ~--- Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 LOTS E. R, Plot~y P~Iic v ~ Ext March 5~ REAL ESTATE SALE NO. 36 Writ No. 2001-5360 Civil Allfirst Bank, successor to Valley Bank and Trust Company vs. News-Chronicle Company Atty.: Eugene Pepinsky, Jr. All the following described real estate lying and being situate in Shippensburg Township, Cumber- land County, Pennaylvania, bound- ed aril limited as follows: BEGINNING at an imn pin at the edge of the concrete on the north side of the Governor Ritner High- way: thence by lands now or for- merly of Irvin Smith, North 46 de- grees 10 minutes West 180 feet to an iron pin at lands now or formerly of Frank E. Hollar, Jr., and cvlfe: thence by the same, North 43 de- grees 50 minutes East 400 feet to an 'von nin at lands now or formerly of George Baker and Allan Russell; thence by the same, South 46 de- grees 10 minutes East 180 feet to an Iron pin at the edge of the con- crete of the aforesaid highway; thence by the same, South 43 de- grees 50 minutes West 400 feet to an iron pin, the place of beginning. THE above-described real estate is the same which Warren W Caz- son and Mary A. Carson, his wife, by deed dated June 20, 1960, re- corded in Cumberland County. Pa., Deed Book W, Vol. 19. Page 558, conveyed to the News-Chronicle Company, a Pennsylvania corpora- tion. LESS, HOWEVER, a small tract of real estate conrveyed by the Mort- gagor herein to Baker and Russell, Inc., a Pennsylvania corporation, by deed dated September 25, 1972, recorded in Cumberland County. Pa., Deed Book Z, Vol. 26, Page 512.