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HomeMy WebLinkAbout03-2751PNC BANK vs. JOHN W. ALLEMAN AND DEBRA K. SHEILDS Plaintiff Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the ciaims 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 ' . .claim in the Complaint of for any other claim or reliefre,~ue~*o.~ ,...a.g~,n~s~ y. ou.~y the Court without further notice for any mon ~, Important to you. -, o.,.u ~,y me malntlrt. You may lose m ...... ' . ej ..... y ur properly or other rights 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 GET LEGAL HELP. THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN CUMBERLAND cOUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BARASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. S~ DES-EA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: PARTICIPACION. SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU o ~U~V~rLA CUm 1ODAs LAS PR" ........ E Y DECISION, ES POSSIBLE QUE uvI~IUNES DE ESTA DEMANDA. POR RAZON DE ESA 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 CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 71%249-3166 PNC BANK VS. JOHN W. ALLEMAN AND DEBRA K. SHEILDS Plaintiff De~nd~ts 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court, lfyou 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 ftling 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AV1SO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS pERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA~ DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PNC BANK, VS. JOHN W. ALLEMAN AND DEBRA K. SHEILDS, Plaintiff Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE 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. Plaintiffis 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. If the 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 Plaintiffand 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 PNC BANK, VS. JOHN W. ALLEMAN AND DEBRA K. SHEILDS, Plaintiff Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, PNC BANK, is a Corporation, acting through its servicing agent of Washington Mutual Bank, FA, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. Defendant, JOHN W. ALLEMAN, is an adult individual, whose last known address 60 HICKORYTOWN ROAD, CARLISLE, PENNSYLVANIA 17013. Defendant, DEBRA K. SHEILDS, is an adult individual, whose last known address is 60 HICKORYTOWN ROAD, CARLISLE, pENNSYLVANIA 17013. The said Defendants, executed and delivered a Mortgage Note in the sum of $56,000.00. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. 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 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PNC BANK and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 60 HICKORYTOWN ROAD, CARLISLE, PENNSYLVANIA 17013. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 08, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRiNCIPAL BALANCE $29,548.20 Interest at $9.10 per day From 12/08/2002 To 07/08/2003 ( based on contract rate of 11.250%) $1,929.50 Accumulated Late Charges $285.95 L~e Charges $29.38 From01/08/2003to07/08/2003 $235.04 Escrow Balance $3,654.36 A~omey'sFee~5% of Pfincipal Balance TOTAL $1,477.41 $37,130.46 **Together with interest at the per diem rate noted above after July 08, 2003 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 Sheriff's 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 judgment 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. 11. Plaintiffhas 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 11.250% ($9.10 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: Leon P. Halle'S, Esquire A~torney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) VERIFICATION I, the undersigned hereby verify that I am a representative of the plaintiff and I am authorized to make this Verification. I hereby verify that the facts set forth in the foregoing Complaim are tree and correct to the best of my information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to the authorities. Name: Dean LaRocha Title: Asst. Secretary Company: Washington Mutual Bank FA SHERIFF' S RETURN - REGULAR CASE NO: 2003-02751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK VS ALLEMAN JOHN W ET AL GERALD WORTHINGTON , Cumberland County,,Pennsylvania, says, the within COMPLAINT - MORT FORE ALLEMAN JOHN W DEFENDANT , at 0840:00 HOURS, at 60 HICKORYTOWN ROAD CARLISLE, PA 17013 DEBRA ALLEMAN, WIFE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 25th day of June by handing to the , 2003 - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~-- day of ,, J ~Z~5 A.D. So Answers: R. Thomas Kline 06/26/2003 PURCELL KRUG HALLER SHERIFF'S RETURN CASE NO: 2003-02751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK VS ALLEMAN JOHN W ET AL - REGULAR GERALD WORTHINGTON , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SHEILDS DEBRA K DEFENDANT , at 0840:00 HOURS, on the 25th day of June at 60 HICKORYTOWN ROAD CARLISLE, PA 17013 by handing to DEBRA SHIELDS ALLEMAiq a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 'f ~ day of ' 'Prothonotary ' So Answers: R. Thomas Kline 06/26/2003 PURCELL RUG ~LLER Deputy Sh~Ziff PNC BANK, VS. PLAINTIFF JOHN W. ALLEMAN AND DEBRA K. SHIELDS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2751 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendanus JOHN W. ALLEMAN AND DEBRA K. SHIELDS 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 $9.10 from 12/8/02 to 7/8/03) Accumulated late charges Late charges ($29.38 per month to 7/03) Escrow Deficit 5% Attorney's Commission $29,548.20 $ 1,929.50 $ 285.95 $ 235.04 $ 3,654.36 $ 1,477.41 TOTAL $37,130.46'* ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. ~-~eon P. Hailer PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 PNC BANK, VS. PLAINTIFF JOHN W. ALLENL~N AND DEBRA K. SHIELDS, ]DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 2751 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on JULY 31, 2003 I served the Ten Day Netice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, pestage prepaid, as indicated en the attached Netice. Attorney for Plaintiff Purcell, Krug & Hailer 1719 North Front St. Harrisburg, PA 17102 PNC BANK, Plaintiff VS. JOHN W. ALLEMAN AND DEBRA K. SHEILDS Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2751 CiVIL TERM CIVIL ACTION LAW 1N MORTGAGE FORECLOSURE DATE OF THIS NOTICE: July 31, 2003 TO: JOHN W. ALLEMAN 60 HICKORYTOWN RD, CARLISLE, PA 17013 DEBRA K. SHEILDS 60 HICKORYTOWN RI), CARLISLE, PA 17013 THIS 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 THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE 1N 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 PNC BANK, VS. PLAINTIFF JOHN W. ALLEMAN AND DEBRA K. SHIELDS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2751 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF ]PENNSYLVANIA 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 ~e t~is 6~ day : of NOTARIAL SEAL MARYLAND K. FERRETTI~ Notary public Lower Pax'ton Twp., Dauphin Count~ My Cornmissk)n E~tres Aug. 8, 2006 ~---L'E--ON P. HALLER, ESQUIRE IN THE COURT OF COMMON PLEAS OF CE~MBERLAND COLINTY, PENNSYLVA~qlA CIVIL DIVISION - LAW AT NO. 2003 2751 CIVIL PNC BANK, PLAINTIFF VS. JOHN W. ALLEMAN AND DEBRA K. SHIELDS, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $37,130.46 ~/ Interest at $9.10 per diem to sale date $ 1,456.00 Late charges at $29.38 per month to sale date $ 146.90 Escrow Deficit $ 2,000.00 TOTAL $40,733.36* *SALE DATE: WEDS.,DEC. 10, 2003 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: September 9, 2003 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 PA I.D. ~15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND 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 known as 60 HICKORYTOWN ROAD, CARLISLE, PENNSYLVi~NIA 17013. Date: PNOTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K MKFtDOCS/CUMBERLALALLEMAN W ALL THAT CERTAIN piece or parcel of land situate in the Township of Middlesex, Cun~berland County, Pennsylvania, bounded and described as follows: BEGINNING at a point om the western dedicated right-of-way line of T-5?Z kno~ aa Hlckorytown Head, at corner of Lot No. 2 on the hereinafter mentioned Plan; thence by Lot No. 2 South 74 degrees 36 minutes West 230.00 feet to a point on line of Lot No. l& on said Plan~ thence By Lot No. l& North 15 de§tees 2& minutes West 151.52 feet feet to a point on line of land now or formerly of Marlin E. Sharp; thence by same North 74 degrees 36 minutes East 230.00 feet to a point on the western dedicated right-of-way line of T-572; thence by same South 15 degrees 24 minutes East 151.52 feet to a point, the place of BECIh~ING. BEING Lot No. I of a Subdivision Plan kno%m as Hickory Estates which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Sook 27, Page 18. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 60 HICKORYTOWN ROAD, CARLISLE, PA 17013. ASSESSMENT #21-23-0585-033 BEING THE SAME PREMISES which Donald P. Bennett and Nacy M. Bennett (formerly Nancy M. Tate), by deed dated and recorded 6/8/89 in Deed Book Volume Z-33, Page 556 granted and conveyed unto John W. Alleman, Jr. and Debra K. Shields. TO BE SOLD AS THE PROPERTY OF JOHN W. ALLEMAN A/K/A JO~N W. ALLENLAN, JR. AND DEBRA K. SHIELDS A/K/A DEBRA K. ALLEMAN ON CUMBERLA/qD COLINTY JI/DGMENT NO. 2003 2751 CIVIL. PNC BANK, VS. PLAINTIFF JOHN W. ALLEMAiq AND DEBRA K. SHIELDS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2751 IN MORTGAGE FORECLOSURE 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 60 HICKORYTOWN ROAD, CARLISLE, PA 17013: Name and address of the Owner(s) or Reputed Owner(s): John W. Alleman a/k/a John W. Alleman, Jr. 60 Hickorytown Road Carlisle, PA 17013 Debra K. Shields a/k/a Debra K. Alleman 60 Hickorytown Road Carlisle, PA 17013 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: Greenwood Trust Company c/o Edward Stock, Esquire 1608 Walnut Street 18th Floor Philadelphia, PA 19103 Citibank (South Dakota) 3940 Olympic Boulevard Erlanger, KY 41018 NA Citibank (South Dakota) NA c/o Valerie Rosenbluth-Park, Esquire 25 E. State Street P. O. Box 1779 Doylestown, PA 18901 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): The First Bank & Trust Company PHC Financial Corp. Main & Market Streets Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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 Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (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 tg~unsworn falsification to authorities. Leon P. Haller PA I.D. ~15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 DATE: September 9, 2003 PNC BANK, PLAINTIFF VS. JOHN W. ALLEMAN AND DEBRA K. SHIELDS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2751 IN MORTGAGE FORECLOSURE 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) held: DATE: TIME: LOCATION: WEDNESDAY, DECEMBER 10, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be 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: 60 HICKORYTOWN ROAD CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $37,130.46 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2003 2751 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: JOHN W. ALLEMAN A/K/A JOHN W. ALLEMAN, JR. AND DEBRA K. SHIELDS a/k/a DEBRA K. ALLEMAN 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 MTJST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LA~D/ER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND 0UT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 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 ALL THAT CERTAIN piece or parcel of land situate in the Township of Middlesex, Cumberland County, Pennsylvania, bounded and described as follows: BEOINIilNG at a point on the western dedicated risht-of-way l~ne of T-572 known as Hlckorytown Road, at corner of Lot No. 2 on the hereinafter mentioned Plan; thence by Lot No. 2 South 7& degrees 36 minutes West 230.00 feet to a point on line of Lot No. 14 on said Plan; thence by Lot No. 14 North 15 degrees 24 minutes West 151.52 feet feet to a point on line of land now or formerly of Marlin E. Sharp; thence by same Horth 74 degrees 36 minutes East 230.00 feet to a point on the western dedicated right-of-ray line of T-$72; thence by same South 15 degrees 24 minutes East 151.52 feet to a point, the place of BEGINNING. BEING Lot ~o. I of a Subdivision Plan known as Hickory Estates which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 27, Page 18. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 60 HICKORYTOWN ROAD, CARLISLE, PA 17013. ASSESSMENT ~21-23-0585-033 BEING THE SANE PREMISES which Donald P. Bennett and Nacy M. Bennett (formerly Nancy M. Tare), by deed dated and recorded 6/8/89 in Deed Book Volume Z--33, Page 556 granted and conveyed unto John W. Alleman, Jr. and Debts K. Shields. TO BE SOLD AS THE PROPERTY OF JOHN W. ALLEMAN A/K/A JOHN W. ALLEMAN, JR. AND DEBRA K. SHIELDS A/K/A DEBRA K. ALLEMAN ON CUMBERLAND COUNTY JUDGMENT NO. 2003 2751 CIVIL. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, Plaintiff (s) From JOHN W. ALLEMAN AND DEBRA K, SHIELDS (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 thc defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: NO 03-2751 Civil CIVIL ACTION - LAW 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 garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $37,130.46 L.L, $.50 Interest AT $9.10 PER DIEM TO SALE DATE $1,456.00 Atty's Corem % Due Prothy $1.00 Atty P~d $129.45 Other Costs LATE CHARGES AT $29.38 PER MONTH TO SALE DATE $146.90 - ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: SEPTEMBER 10, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Deputy PNC Bank VS John W. Alleman and Debra K. Shields In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2751 Civil Term R. Thomas Klinc, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Poundage 13.04 Posting Handbills 15.00 Advertising l 5.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 284.00 Patriot News 225.85 Share of Bills 28.90 $ 665.19 paid by attorney 11/20/03 Sworn and subscribed to before me So Answers:. -, R. Thomas Kline, Sheriff 2003, A.D. ~_ Prothonotary Real Es~t~' Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place 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 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. ~ ~~o r~t~,,~s ~ PUBLICATION ...... My ~i~i~ Ex~r~ June 6, ~ N~ARY PUBLIC ~m~, Pen~aniaAs~n ~s My commission expires June 6, 2006 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 $ 225.85 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general .dge receipt of the aforesaid notice and publication costs and certifies that the same have By .................................................................... 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. Lisa Marie Coyne, 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 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 tree. REAL ESTATE SALE NO. 52 Writ No. 2003-2751 Civil PNC Bank V$, John W. Alleman and Debra K. Shields Atty.: Leon P. Hailer ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of Middlesex, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the westem dedicated right-of-way line of T-572 known as Hickorytown Road, at comer of Lot No. 2 on the hereinafter mentioned PLan; thence by Lot No. 2 South 74 degrees 36 minutes West 230.00 l~et to a point on line of Lot No. 14 on said Plan; thence by Lot No. 14 North 15 de grees 24 minutes West 151.52 feet feet to a point on line of Land now or formerly of Marlin E. Sharp: thence by same North 74 degrees 36 rnin utes East 230.00 feet to a point on the western dedicated right-of-way line of '['572; thence by same South 15 degrees 24 minutes East 151.52 feet to a point, the place of BEGIN- BEING Lot No. I of a Subdivi- sion Plan known as Hickory Estates which plan is recorded in the rice of the Recorder of Deeds in for Cumberland County in Plan Book 27. Page 18. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 60 H1CKORYTOWN ROAD, CARLISLE, PA 17013. ASSESSMENT #21423-0585-033. SWORN TO AND SUBSCRIBED before me this 31 dayof OCTOBER, 2003 LOIS E. SNYDER, Nota~ Public Ca~lisle Boro, c~mbe~ County My Commission E~pires Ma~ 5, 2005 BEING THE SAME PREMISES which Donald P. Bennett and Nacy M. Bennett (formerly Nancy M. Tate], by deed dated and recorded 6/8/89 in Deed Book Volume Z 33. by Lot No. 2 South 74 degr, minutes West 230.00 iket to ~ on line of Lot No. 14 on sak thence by Lot No. 14 North grees 24 minutes West 151. feet to a point on line of land formerly of Marlin E. Sharp; by same North 74 degrees 2 utes East 230.00 feet to a p the western dedicated right line of T-572: thence by sam( 15 degrees 24 mhiutes East feet to a point, the place of NING. BEING Lot No. 1 of a S sion plan know~ as Hickory which plan is recorded in t3ce of the Recorder of Dee& for Cumberland County in PI 27, Page 18. HAVING THEREON ERE DWELLING HOUSE KNOW HICKORYTOWN ROAD, Ca PA 17013. ASSESSMENT #21-23 0 BEING THE sAME PI~ which Donald P. Bermett: M. Bennett (formerly N Tate). by deed dated and 6/8/89 in Deed Book Vok Page 556 granted and cony dohrt W. Allerrm~a, dtx and Shields. TO BE SOLD AS THE P of JolTn W. Alleman, Atleman, dr. amd Debra I' a/k/a Dobra K. Allernan ol land County dudgm,ent 2751 Civil.