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HomeMy WebLinkAbout99-05255 1 v It Q e .10 Q F L v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff, VS. NO.: 7? u`?aSS csf . JOHN W. ALLEMAN, a/Wa JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA, TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF PLAINTIFF: PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MOR'T'GAGE COMPANY TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR PLAINTIFF 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 500 West Jefferson Street Louisville, KY 40202 AND THE DEFENDANT IS: 60 Hickorytown Road Carlisle, PA 170013 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS M ddlesex Township (CITY, BORO, TOWNSHIP) (WARD) ATTORNEY FOR PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D.#74950 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-5197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff, NO.: VS. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA, Defendants. You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse, 4" Floor I Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff, NO.: J 9. Y.t SJ &;,i e %-", vs. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA Defendants. PNC Bank, National Association, PNC Bank, Kentucky, Inc., d/b/a PNC Mortgage Company, (hereinafter "PNC"), by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC, which has its principal place of business at 500 West Jefferson Street, Louisville, Kentucky 40202 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, John W. Alleman, a/k/a John W. Alleman, Jr. and Debra K. Shields, are individuals whose last known address is 60 Hickorytown Road, Carlisle, Pennsylvania 17013. 3. The United States of America is joined as a Defendant in accordance with the terms of 28 U.S.C. §2410 as amended November 2, 1966, P.L. 89-719. A lien was filed on August 7, 1992 in the Prothonotary's Office of Cumberland County, Pennsylvania, by the United States of America against Debra K. Shields at FTL No. 239226430, in the amount of $15,086.15. 4. On or about June 8, 1989, Defendants executed a Note in favor of First Bank and Trust Company in the original principal amount of $56,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 5. On or about June 8, 1989, as security for payment of the aforesaid Note, Defendants made, executed and delivered to First Bank and Trust Company a Mortgage in the original principal amount of $56,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 8, 1989 in Mortgage Book Volume 941 Page 904. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 6. On July 1, 1993, First Bank and Trust Company assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. A true and correct copy of said Assignment of Mortgage is marked as Exhibit "C", attached hereto and made a part hereof. 7. Defendants are the record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the March 8, 1999 payment. 9. On or about June 7, 1999, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act - Act 91 of 1983. 10. On or about June 7, 1999, Defendants were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 11. The amount due and owing Plaintiff by Defendants is as follows: Principal $41,110.90 Interest through 7/15/99 $ 1,989.19 Late Charges through 7/15/99 $ 185.40 Escrow Deficiency through 7/15/99 $ 0.00 Attorney's fees $ 800.00 Title Search, Foreclosure and Execution Costs $ 1,500.00 TOTAL $45,585.49 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $45,585.49 with interest thereon at the rate of $12.67 per diem from July 15, 1999, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN BIIRSIC, P.C. BY: Kimberly J. Hong, Esquire Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-5197 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" ,. NOTE (b 12?/y UsS-5a.gnn Nechanf caburn 1929 FOR VALUE RECEIVED, the undersigned 1'Bo,oaani promise(s) to pay FIRST SANK A MIT COMPAIW, MecMnksburg, ?aserylvonb 17035 or order, the prinelpal sum ed !5a,nn0) F1fty-s1x Thousand Dollars. with incomes on the unpaid Principal balance from the dateof this Note, until paid, at the ram of 11. 25 percent per annum. Principal and trifocal shall be Poyablt at any of Bank't branch officas.er such other place as the Note holder maydedi nae, in consecutive monthly installment, of 179 at t587.99 and on a A27,454 a9bollars fits S -_ ) , on the _ 2 l0. day of each month beginning ?'--&--- . 19 yi . Such soon' hly invallin nis shall continue until the entire indebtedness evidenced by this Nate is fully paid, except that any remaining indebtedness, if not sooner paid, shall he due and payable an 15 years from this date If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Borrower. the entire principal amount outstanding and accrued intersr thereon shall as once become due and payable at the option of the Note holder. The date specified shall not be less than Ihitty days from the dam such notice is mailed. rho Nom holder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasonable cost, and expenses of suit, including, but not limited to. reasonable attorneys feet. Bornwer shall rav to the Nme holder a late chi rgc of. S percent ofany monthly installment not received by the Note holder within 15 days after the installment is due. Borrower may prepay the principal amount outstanding in whole or in part. The Note holder may require that any partial prep.'Wca;: Iq UY,.a,1uv',";"?ue.O:?iO.Kl.ir :.';L..• ••:"I•,n•',n,s...... , ..I•1,-n.n n!+nn rr mr,•mnn1M..installments which would be applicable to principal. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments, unless the Note holder shall otherwise agree in writing. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the faint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, or to such other address as Borrower may designate by notice to the Nom holder. Any notice to the Note holder shall be given by mailing such notice by certified mail, return receipt requested, to the Note holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. The indebtedness evidenced by this Note is secured by a Mortgage, dated G $?53 r/ and reference is made to the Mongage for rights as to acceleration of the indebtc ness videnced by this Note. JOHN N. ALLEHAN 60 Hickorytown Road DEBRA K. SHIELDS -- Carlisle PA 17913 mperly A dress (Execute O"gina n yy WIp.YN.xla. I w r.uara KryMA INLMC aWwnlwww N Pry to the order of _Ahad Roccum? me foi Mimed p EwjM We MAW EXHIBIT "B" MORTGAGE THIS MORTGAGE u made tnts my or aline Ism- between the Mortgagm, inwm u At l pr, AN anA nenea At turn rte i t „p0xg gJhere, ,^14orrower"1, and the Mortgagee, THE FIRST BANK AND TRUST COMPANY, Mechanicsburg, Pennsylvania 17o56 a Corporation deposited and existing under the laws of Pennsylvania, whose address is: 11a i n a nd 4a r ke t St. P.O. Box 35n. lleehani CSbLrn PA 17055 _(herein"LcnJer"I WHEREAS, Borrower is indebted to Lender in the principal tam oft 156.000) Fifty-sjx Tho,eand Dollar, which indebtedness is evidenced by Narrower 's mile dated (herein "Note"), providing ro monthly installments of principal and mtervo. with the balance it the indebtedness, if not .inner paid. due and pavuhle of fifteen years at 11,25% annum. ..a TO SECURE In Lender (a) the repayment of the mdehtednessevldeneed by the Note. with imcresl thereon. Ihe pivmenl of al other sums. with interest thereon, advanced in accordance herewith to prnteel the security of thn Mortgage, and III: performance or the cmvenamsand agreement, of Borrower herein contained. and Ib) the repayment of any fulure std s;mca, with irtcus Ihereon. InaJc to Dorrowcr by I.ender pumua nn to parugmpIs 21 he reef ( hcrcm "Future Aitvari"i"). norrmve, dues here h! mortgage, grant and convey to lender the following described properly located in the County J Cumberland • Smtc of Perm,NNanla ALL THAT CERTAIN lot situated in rliddlesex Townshin, Cumberland County, Pennsvlvania, bounded and described as follows: gFr,nI:llNr, at a noint on the western dedr.:ctcd rinFs-of-eras lin^ of T-577 known as Hickorytown Road, at cornar of Lot N0.2 on the hareina.Ptcr mentioned Plan; thence by Lot No. 2 South 74 denrees 16 minutes west 219,n feet to a point on line of Lot No. 14 on said Plan; thence by Lot No, IA North 15 decrees 24 minutes West 151.52 feet to a noint on line of lands now or formerly of Ilarlin F. Sharn; tbaoGv by same Norte 74 dIc:- ; minutes East 2311,01 feet to a point on the western dedicated rtrht=of-way line of T-572; thence by same South 15 decrees 24 minutes Fast 151.52 feet to a point, the Place of Beninnino. BEING Lot No. 1 of a subdivision Plan known as Hickory Estates which plan is recorded in the office of the Recorder of Deeds in Plan Book No. 27, pace-l8. BEING part of a larger tract of land which George F. Dixon, Jr. and Lottie Ivy Oixon, his wife, by deed dated October 15, 1975, and recorded in office aforesaid in Deed Book Volume 26, Page 702, conveyed to Wilbert L. Diehl, Raymond E. Diehl and Ronald L. Simons. SUBJECT NEVERTHELESS to protective covenants, reservations and restrictions applicable to Hickory Estates as recorded in the office aforesaid in Iiisc. Record Rook No, 221 at Pane 74n, which has the address of 60 Hickorytown Road rarlielis 15steel) (City) Pennsylvania 171113 (herein-Property Address" I. (State and Zip Code) fOOE 1 HER with all the improvements now or hercaf er erected an the property, and all casements. rights. appurtenances. rents, rayahim. mineral, oil and gas rights and profits, water, water rights. and water stock, and all futures now or hereafter Attached to the property, all of which, including replacements and additions thereto, shall be deemed to he and remain A part of the property covered by this Mortgage, and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are herein referred to as the "Property". Borrower covenants that Borrower is lawfully scised of the estate hcichy cnmeyed and hm the right to mortgage, gram and convey the Property, that the Property, is unencumbered, and that the Borrower will warrant and defend generally the ode to the Property against all elaimnnd demands, subject to any deelanpons. casements or restrict ions holed in a vehedule of esceptiun. In ciscrage in any title insurance policy insuring Under 's interest in the Property. r%..,,saa. • •.... ,. ,.w, taw, ...n,,....... .. r agog 941 PAGE 004 eaI cal r Ii NIFORMI COVENANTS. Bnrruwcr and lender, covenant and agree a follow, L Pgmenl of Principal and Instant. Borrower shall promptly pay when duc the principal of a nd uuem.l on the mJchl.•Jne,s evidenced by the Nonte. prepayment and late charges a% provided in the Nom, and the principal of and interest gin any Future Advances secured by ants Mortgage 2. Funds for Tauaand Insurance. Suh)ech toupptieahte lawcar tea vnlien wawer by I ender. Romeo, hall pay to 1 ender on the day mumhly installment of principal and illogical are payable under the Nale. until the Nmr P paid in lull, a mm lltvnn "Funds") equal to one•twelflh of the yearly tuts and a%um%menls which may stun priority over this Mortgage. and ground rents on the Property, if any, plus une-twelfth of yearly premium imtallmcma Ina honied insurance, plus oracowelfth of yearly premium installments for murlgage tmurance, if orgy, all at reasonAhly ntimared initially and frouh time in time by lender nn the base of assessment% and bills and reasonable estimates thereof. The Funds shall be held to an institution the deposits of accounts of short are m%urcd or guaranteed by a Federal car Sl,tie agency Itneluding Lender if 1 trader is such an institution). Lender shall apply the 1•und, In pay said lu see, avuumtnb. nnurance premiums and ground reins Lender may nor charge far on holding and a pplpng the Funds. anal) rang said account. or verifying and compiling said araessmcnts and bills, unlnv I ender pays Hormwer mien I nn the Funds and applicable law permits I ender to make such a charge. Burrower and Lender may agree in writing at I he time ul execuunn rif this Mortgage that interest on the Fund%%hall be paid 1st Hurruwn. and unless such agreement is made ter applicable law v4uires such tmefcu w he paid, 1 cider Olill colt be required to pat Borrower any inleresl or esrningi on the Fundy I critter shall give la llo ri,,er wohuul.hargt, an annual accounting of the Fand%showing credits and del stt to the I'und%and the purpose for which each deba to she Punds was made I he Funds arc pledged as addatumal wCulol 1111 the sum. secured by 111.1 Mortgage II the amount of the Push held by l eruet.lagelhef will, the !u%ure ot,.mhh .Ii,t.iurngms of Fund, pa,.mle prior 1,. Um dole 'late, of uses. amesaloco l,, mwrance prc•mnim, art•I g tmed rc %, ,ball as,cvd the nnount ic'quircd it, pal s.ud taxes. .r,wu men),, n,unnc,• ,is n.....1 .. ,old amend Lem, a, the, I.III .L.c. .... h c,ac,. .11.'1 he ,d It nrn•w c r', "plan, nth.....nni ptly r,P:ud la Hurrnwer tar cedmd In However an in ol.1% mdalllarc cal, or 1-ands. it Ili, aiwlunt of the Fund%held S% I cnder'udl ion t•c wfhacnt to pal Li sx'•, a.,v'umenh. ntlunuice p:et:uums.mll ground re?h n, the% lathing, Ihvnix'n'ill palm I ender and an.owit ngn•sxry Ia nuke up till delwicn,1 wolol ;0,1.ty, Ira11 the date nmwe 1, m:nled by I coder Ili ILn¢isvvr loqunting payment thereof. I'. iron payment in full of al) .,n, secured by this Me prigage. I cndcr sh.df pmmpnfy refund in Horrowcr any I undv held by lender If under paragraph IN herc it the Propetl, issuid "r Um Property nutherw seacquvcd by l coder. l.cndcrslsallapplynn later than immedulely point tit the wle of the Property car n%ucgoi%omn by Lcnder. any Funds held by I cndcr at the lime of application as a credit against the sums secured by this \inrigage. •L APPlicallon of Payments. Unless applicable law provides otherwise, all Payments tccci%cd by Lcnder under the Vntrand paragraphs I and 2 hereof shall be applied by lender first to payment of amounts payable to Lender by Burrower under +.r,Loj;+ 2 het:nr •he- i l cn,P+i •n 11th ,,i. .. . Y.:. 4. ('barges; Liens. Bnrrtwcr hall pay all laic,, as%c%smenls and tither Oarges. fincv and impo%nions attributable on the Property which may astain a priortiy over this Mortgage. and leasehold payments car ground rents. if any. in the manna pI ovidcd ender paragraph 2 herenf car, If nut paid .n such manner. by Horrnxcr making pymrm, when due, direedy to the ravcc thereof, go ,... ... ?.. .. . ,.. .. payment directly. Borrower shell prampdy furnish to 1 enter receipts evidencing such payments. Borrower shall promptly di%clvrge any lien which has priority user the Mortgage, provided, that Hurrl,n shill not be required to Ai scharge any such lien so lung as Borrower shall agree in writing to the payment of the nbligatitm secured by such lien in a nu nncr accepta hie to Lender, or shall in good fadh cuniesl such lien by. ordefvnd enforcement aLsueh lien in.li gal proceedings which operate soprc%cnt the enforcement of the lien or forfeiture of the Properly car any pall thereu f. S. liaeard Insurance. Burrower shall keep the improyements now exnt mg or hueafter crccted on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other harards as Lender may require Argolis such annum and for such penndins Lender may require; provided, that I ender hill not require that Iheamounl of such emtrugc exceed that amount of emeragc required to pay the sums secured by the Minlgagt. 1 he insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lcnder, provided, that such approval shall not be unreasonably withheld. All premiums on Insurance policies %hall he paid in the manner pna%idcd under paragraph 2 hereof or. if not paid in such mnner• by Rorrow'cr making payment, when due. directly to the insurance currier. All insurance policies and renewals thereof shill he in form acceriahlc to (coder and shill Includc a standard morigageclauw n Lysor of and in form aoacpwblc to Lender. Lender shall have the right to hoW the rydigtesand cricwals therrol, Anil Horroser shall prompsly furnish to Lender all renewal notices and all rcocipis of paid premiums. In the event of Ines. Borrower shall give prompt entice to Ibe insurance carrier and I coder Lender may make prouf of lot% if not made promptly by Borrower. Unless Lender and Borrower Ilhcr.isc agree in wooing, imurs rice proceeds shall be applied m restura Lion or repair "f the Property to magcd. pro, ided such restoration car repo:, is cc oonntic.dly fi, astble.Ind the security of Ihu finrigae a not thvrchy mp,med If such rgit"uaan or repair is caul -,,in ...n.,ally Itaable car I the ,,tarn, of this St11119a,ze,,,ull he iulpau,11 life mairwe pructol* shall he applied to the sate, secured by the Mortgage, volt 1Ic ends,. if :arty. p:od in Rnrrnver If the Property is abandoned h% Hornswer, or if Borrower Lnl% to rc%pnnd in Lender within h)dayn from the date notice is made) by Lender to Borrower that the inmrence carrier offer, to rot Ie a claun for msur.mre henetiu. Lender is auihori,ed m cull"i and apply the insurance proceeds at 1 cndcr a option either to rc,tumtiun or repair al the Priperty or in the %um%seeured by this Slottgagc. Unless I.ender and Borrower otherwise agree in writing, any such application of proceeds to principal shall nut extend arc postpone the due date of the monthly installments referred to in paragraph, I and 2 hereof of change the amount of such installments. If under paragraph IN hereof the Property o acquired by I.ender, alinght, title and interest of Barnswerinand to any insurance policies and in and to the proceeds thereof rexulling from da mage hl the Property prior to the sale car ac4timlmn shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior in such sale or acquisition. 6. Prnervallon and Mdnumanet of Property; Leaseholds, Condominiums; Planned Unit Developments. Borrower shall keep the Property in grind repair and shall not commit waste car permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a caschold. If this Mortgage is on a unit in a condom route ota planned unit development Borrower shall perform all of Borrower's obligations under the declaration car covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Mortgage. the covenants and agreements of such rider shall be incorporated inn and shall amend and supplement the covenants and agreements of this Mortgage as if the rider were a part hereof. 7.Protection oI lender's Security. If Borrower fail, to perform the coyerents and agreementscuni fined in this Mortgage.or d any action or proceeding n commenced which materially affects I ender'x ineresl in the Property, including, but not limited hs, eminent domain. insolvency, code enforcement, or arrangements or praiceedmgs involving a bankrupt or decedent. then Lender at Lrnderl option, upon suttee m Borrower. may make such Appearance. disburiesuch suins and like such acuan as is naessary to indices Lender's interest, including, but not limited to, d uhurwo cm of reawna hie annrney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a condition of maktnglhe loan ueured by 1111%Slorlgage. Burrower shall pay the premiums requucJ to maintain such Insurance to effect unlit such time as the requirement far such insurance termmares in accordance with Barer uer's and Lender's written agreement or applicable law. Borrower shall pay the Amount of all mortgage insurance premiums in the manner Provided under paragraph 2 hereof Anyantounu disbur.ed by Lender pursuant lnshis paragraph 1. .,in Inuret merenn. shall become additional indebtedness of Borrower secured by this Mo-•''ae. Unless Borrower and Lendes agree to other ' -ms of payment. ouch Antolini hhill he payable upon notice front Lend e-nwef rcyuesung payment thereof. and%hit nrcrnrfrumthedam "(disbursement al the rate payable from time 11. , •nstanding principal under the Nom',tit" , men) of interest at such rate would be contraryto Applicable law. in w+ ' c, Such amounts shall bear interest at the hill' -41epermissible Under arpbeahlet law, Nothing contained in this paro Fall Peculate lender to incur nny capensc An, Avtinn berrunder L Imparllon.Lender may rtla...msureto he made reasonable entrle,apon and sss,gweuon, of the Pear ly.ptaodcd that 1 ender shall give Burrower antics: prior loosely such Imp,•cs ram speedp erg rca,onaMV auto I hyrcbn related to Lcndcr s tnterem in -the Properly 9. f•undelnnallon. Ilse proceeds of any award ar claim for damage,. direct or cunscyuvnlr.d• to cunneawn with tin) candemnation air tither coking at the Prnperly, err pert thereof. or for convvvanoem heuul usndemnuti,.n, are herehy' a„rgoed and hill he pail tit 1 ender. In the event are total taking of the Property, the proceeds shall he applied it, the sum. ,ecurrd by that Mnrlgage, with the excess, if any, paid in Borrower. In the event ilia partial laking of Ilw Plnpens, units% Horrnwcr and 1 ender olhcr onse agree in writing. Ihcre shall be applied m thr sums secured by ibis Morlpgr such pmporuun n1 the Plao'vd, as n eVUal w that proportion which the amount strobe sumo secured by this Mnngage smrocdiately prior tit the dam of to ki ng hours loth: fair mrkel value of the Property immediately prior to the dale of taking. with the balance of the procttds ryud w Hurrowen If the Properly is abandoned by harrower, or if. alter notice by I.cndvr lot Burrower that the eomlemnurnHas it, makcun award it title u claim lair damages. Norrawcr fats to respond ti. 1 under within 311,l alter the date such notice is mailed. I ender n.othorsred m collect and Apply the pl as I ender's option. ell her la re%lor:uo,n air repao ail the Profitsy air to the coup coved h) the.'xio tguge (late,. Lcndcr and thamsver otherwise agree in wrong, any %Ocit upl .d pnwcad. to poticmA hall nut extend ar postpone the due dam of rise monthly installment, r,tested to in p.rrugr,rphs I and 2 hcretil of ch.ingc the aintiuat of such saxillmeol, III, Borrower Nut R,•lea,M. Tit o....nn II Ilse Ilaic for payment or annldwatiun oLnn,n:i:anon ..f th.•.n:^.. •<uin•.1 by Jos Mortgage germ"d by I Voider W an. svucs,al is intae,t ail Oorrawcr .h..11 nut olmm, W r:•'vap•. w an•: mantic it, 1,.. hthh of Ihewrginal llan oiw et Arid ll. o r..., er. s owccs.m. i n I oil c re, i Le ad cc. her s it ai l to,' 'n......11'. :mwnl,e Pruvcv,bnp..r gall"I rich waYes,4r or "lust, In citend time fill pay mans it slherwiw• mndif) amunuitu.n ail the sum..ec,orctl m list, V engdga he rcuwn of wt) demand made by the original Hortative and Iorrower s ,ae,'e•ssw, at interest. 11. Forbearance fly Linder Nul a 11'ah er, Any farbearance he I ender to exercising any right tit ra•mcdy he"Under. air o11"r„rw afforded h) applicable law, shall not he a vsner of or pl6ludc she uarrnc al any such right air remedy. I'he p assallentcnl of insuraneC air the Paymcnl of laic, or tither liens err charge% by Lender shall not he a wager al I ender", right In Accelerate the maturity oil the indehtedno% secured by thin Mortgage. 12. Remedies Cumulative. All remedies provided in this Mortgage are dl,tincl end cumulative Inany mhcr right or rvmedy under this Mortgage err allorded by law it ecututy. and may be escrowd auncurrenlly independently or sacees,imly'. dell hunt. acd me !,Itx oarcunae, hall Inure w..ho myccti.a .: ,oast .a : d :In: n -s. , . ecs w IF.C prox assn of paragraph 17 he real. All vascnatit%:cod agreements of Ilorn.weI ,hall he faint and or re Pal. the ca peon, and headings of the paap apps of I his Mortgage arc lair empentenae only aad arc not it, he used to mh• qT'I „rsklinr the pros isarn, hereof provided far in this Mortgage hall he g,%vn by madmg such notice by cemfied maul Addre„cd w horrtrwer at the Prat erty Address or at such oth,Y:W d"s as Borrower may de,ignate by neace to I.ender a, pro. ided herein, and f h) aay notice to Leader shall he gtycn by cerutied mail. return reeeipl recuuc.sted. to) I.endei , add res. mated herein err to noch ntber.iddre,s a, I ender may de,ignata by name m lhar.st pawded herein Am ismics,i JM loriOlh., Vongag.• shall hedeCmed prba,vhven gnen Is Ilorrowvr no lender when given in the manna design cd herein. 13. I'nlfurm Mortgage; Governing Law; Seserahflity. This form of mwntgie, cnmhlne. umtiom cuscnams lair naunnal use and non-uniform covenant, with limited %arialains M jurisdiction tit con,tawc a Untfarm ucunly instrument coxering real properly. This Mortgage shall he governed by the law of Ihejurksliction to which the Properly I% Ine:aed. In theeenl that any proviwnn err clause of this M arlgagr air the Sole ennll.cl. wah apptica rile law, such v nnlliet ,ha II nits affect other phn otnn, ail this Mortgage at the Nate which can be given effect without the conflicting prnypmn. and to this end the prnspiuro nfthe Mortgage and the .Ville arc declared ti, he c,crahlc 16. Borrower's ('upy. Borrower sh- 11 he lursishad a canf armed lisp) oil the Nam Und of th,, Storigagc a1 the umc.dcseeut inn or after recordation hervuf 17. Transfer of the Property; Assumption. If all ar any part of the Property or An interest therein H sold or uanslcrred b) Borrower Without I endefs pear writers eon col, excluding (a) the ercmion at or licit tit eneunth6mee suhnnham, Ia this Marlgage, (b) the mation of a punitive money security interest for houchotJ apply nces. lc l u transfer by des era. JeKCnI or by operation of law upon Oic death of a joint tenam or (d I the grant of nny le.lichnld interest Without vears or let. nateoni. inmg an opunn to purchase, lender only. it Lender: option, declare a:l the owns .,•eAmd by this hLOlg.tgc to he unmadi.oele due and payable I.ender shall have co such opunn to accelerate if. pour to) Ihe.a:e or. Iramfer. I ends and the ptr%ilo n. wham the Prstpt,rty is m he sold or Irubferre,l reads agrcemc"t,, wntmz that the coedit of such person is sau.faets.ry tit Lender and that the mice¢H payable an the sums secured by this Sorgage shall be at ,itch tats is Lender shell rc9uca. If 1 ender has waived the Upliaa tit accelerate pros Wed in thus Paragraph C, ntid If Ilnfrsnt vt•, ..,cc%s,ir n uverc,: ha. ex..vl cJ:I , n n e n . ram tit pt i an agreement accepted m wri ltrig by Lender. I.s•nder shot It re Ica se Bor rot suer I'ro nn ail obligation. under Ihn Nis I rt ga tie and the Now If Lender exercises such option to aceelenw. Lender sha11 mail Narratives notice of aeceleraIinn in accordance wil h paragraph Ia hereof. Such notice shill prmide a period of not Ic„ than 30 drys from the Jasc the nm¢c is mailed wish" w hwh Nnrmwer ma y pay l he sit m, declared it uc If llorrawcr fa its it, pay s uch stuns p riot io the e a paatins sit such period, Lc rider rata y. wit suit l l u rt her notice or demand on Borrower, invoke any remedies permitted by paragraph IN herear. NON-IINIFORM COVENAN I'S. Borrnwer and Lender further covenant and agree us follows, IL Acceleration; Remedies. Upon Borruwer s breach of any covenant or agreement of Borrower In this Mortgage, including the envenoms to pay when due any sums secured by this Mortgage, lender prior to acceleration shall mail notkelo Borrower a. provided by applicable law specifying: (1) the breach; (y) the adfon recuulred to cure such breach; (3) a date, not lee that -so days from the date the notice Is mailed to Borrower, by which such breach mull be cured; and (J)lhal rallure m cure such breach tin or before the dale specified in the notice may result In acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and aloof the Properly. The notice shall further Inform Borrower strobe right to reimlale after acceleration and the right to am" In the foreclosure proceeding the non-exklenca of e default or any other defense or Borrower to acceleration and foreeloaurc. If the branch k not cured other before the date spselfied In thr ounce, Lender at I.ender'sctption may declare all of the sums secured by this Mortgage to be Immediately due and payable without further demand and may foreclose ibis IsIn"gage by judicial proceeding. Lender shall be entitled to collect in such proeaeding all expense, of foreclosure, including, but not limited to. reasonable attorneys lees, and cents of documentary evidence. abstracts and title reports. N. Borrowers Right to Reinstate. Notwithstanding Lenders acceleration of the sums secured by this melrlgagE. Bnrrnwer shall have the right to have any proceedings begun by Lender to enforce this Mortgage dpcanunued at an) time polar In it (cast one hour prior to the commencement of bidding at a sherin sale or other ale purvuanl to Ihis Mortgage if. sal Borrower pays lender all sums which would be then due under this Mnrlpge, the Note and notes securing Future Adl if any. had no acceleration occurred; Ili) Borrows, cures all bleaches of any other co%cnAnh or agreements of Rnrruwer contained in this Mortgage; (e) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in Ihis Mortgage and in enforcing Lender's remedies as provided in paragraph IN herself. including. but nor limited to. reasonable allorneys fees: and (dl Borrower lakes such action as tender may reasonably recuulre to Assure that the hen at this Mortgage. Lender's interest in the Properly and Borrowers obligation to pay the %am%secured by this Mortgage%hall continue unimpaired. Upon such payment and cure by Hmrower, this mortgage and the ahbgations secured stereos shall remain In lull force and effect u, of no acceleration had occurred. BOBA 9.11 PALE UQEs 10. MMlnaltal of Renu; APPolnlmenl of Rwbat lrlWrr In Pauulun. A, uddnrunal sreurisy hereunder, Nnrnlwer herehy ungn+ h+ Lender the rent. of the Prnpeny pruvWed Ihu Burnswer .both prior p+accelcnthm undo parapnph IN hereof or ahandonmenl aC the Property. have the right to eolkn and retain such rents as they become due and payable. Upon Acrthnunn under paragraph IM htrca! nr nMndnnmeAt of the Prupcrty. Lender. in pmnn. hs uyem nr by fuJklally uPPommJ rttelver. shall be entitled in enter upon. (Ake possession olund manage the Propene and h, eolhcuhe rvnb of the Property including show pass due. All rent, collected by Lender or the receiver .hall he applkd fins In payment of the ,o f the management of the Property and collection of rent,, including, but nut hooted lo, reeciser's ftts, Premiums on rettner'n MmJ+ and reasunahle allnrntY'1 fete, and then to the sums secured by I his Mortgage. Lender and the rceeiwr.hall he liabk to occounl only for those rents actually received. 21. Future Advances. 11pnn rt0uot of Borrower, Ia Ilder, m Lender's Option print hl release of thi, Mortgage, may muke future advances In Rnrrow<r. Such Future Advances, woh intere+t lhereun. Mnll be secured by t his Mortgage %hen v, ideneed h, Promissory nntn Ruing that mid notes am secured herehy. At no I,mc shall the principal amaunl afthe indebtedness secure) M this Mortgage. Atli including sums advanced in accordance herewith to pmnn the security of this Mortgage, cscced the original amount nf the Rote. 22. Release. Upon payment oral sum, e<nrcd by Ihi, Mortgage. I coder ,hall d„ch,vgc this Mortgage, wohum charge In Ilnrrower Rnrrower hall pay all eO,l, of recurdalmn. if any 2.1, Purchase Sluney Mortgage. If all ur pall or the amm aeumd h( Ihi. %11-119a81 -,I, tell, Itl Burr.. aa to n+yuuc ogle lu Ihv Property, Ins, Morlgage n hcrchy declared set he a purclc.,,c nlOney nuolg,igc I% WI CS IfSS IN fI ER I't 11'. Ilorrt'ter h,,, c secutad Ihi. tLniga"c Wt, oe,.e, ti 11 Ff. ALLEI4 .AN'1h?rr,?w.a OFRRA K. %RIFL CIS -Hnrrnwrr i II ('OSl.\t U,S\\'EAL111 UI' VLX,\5YL l'A-V1•\, __L,/toM.l/t Cuwty On th,. the n ,s J:ry ul ?,I/} II 14 °T---_ began, me. The undersigned officer. ncrsonauv appentei __. JOHPI W. rI r{ dlLd_O.E2BA?.-:l1LELQi__. known to me Im sao,laaun b pn,cetl In he the per.un _lq_ show name ,u h,cn hcd In the ail h111 m,II u menl and ackom%lodged Iha -11 -'?- eecnoed the rime for the purpo,es herem contamcd. I\' WI I\1:SS WHI'RI:(II. I hl,e it, I" mY Band and nihc,,l `t O }r r•'•.F OE Mary P WAae, Pc IF VEll "Y •.we v' ' M.N. ,bal '..;ta Oaro, gu mae'aneerunrr Mrcrna,l a, r p ?L10 1-- • . ... w M M P .. . : rA r. rnnspwnk 4ereckdrn of Nalwkt I hereto c rti jib: l" he paa,c Ic.ulcnce of Ihr aidtin \Inngagce I, _ gQp;?yi?_ Agar ly h c ?ti •• s v,, as , I I/\ ( y I Signatures - •-- ISPace fill", Ihi, 1 Ole R.,ened For Lender and Hcaurfell -_ m n =r so r _, ri ..r L1 i', p. Y :to to ' %.nLl fCf ??'r •. el,l ? YNN BOOK J?1S PACE N a: m EXHIBIT "C" PENNSYLVANIA COUNTY Cumberland LOAN NO. 11-001950-5 ASSIGNMENT OF MORTGAGE KNOW ALL PERSONS BY THESE PRESENTS, that THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA, located at Main and Market Streets, Mechanicsburg, PA 17006 hereinafter referred to as Assignor, for and In consideration of the sum of ONE DOLLAR (1)1.00) lowhd money of the United Stales of America, together with other good and valuable consideration, to it In the hand paid by PNC BANK KENTUCKY, INC. dnge PNC MORTGAGE COMPANY located at 539 South 41h Avenue, Louisville, KY 40202 hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which Is hereby acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest In and to that certain Mortgage dated the Arh day of tune 1994nade and executed by Mortgagor, to THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA, Mortgagi premises situated In the County of Cumber' car d_ , Commonwealth of Pennsylvania, more described therein and commonly known as. SeW Mortgage was duly recorded on the Ark day of June , 19_$9, In the office of the Register, Clark of Recorder of feeds of CueberI-A County, In Book 941 at page _qfm or Document No. of the Official Records of SSW Register, Clark of Recorder of Deeds; together with that certain Note of ever. data and secured themb7 in the prirclpal amount of Ftfcv-a lx chnMiad- (s SA,nnn nn ) made and executed oy mortgagor and psyablo to the order at the aforemantionod Mcrtgagee. f0 HAVE AMU 1`0 I TOLD ih! S:.,o: unto said Assignee, its successors and assigns to its and their proper use and benefit forever. IN WITNESS WHEREOF. the sa'd THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG. PA has caused these present to be duly executed by proper officer this tat day of July, 1ii93. BY ?.tIA. ISM BY R. Alan Patton, Assistant Secretary Robert C. Bricker. Executive Vice President STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On July 1, 1993, before me, Maragarel S. Stewart, personalty appeared Robert C Bricker and R. Alan Patton, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who execute the within instrument a Execulive Vice President and Assistant Secretary on behalf of THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA, and acknowledged to me that the Corporation executed It. _ "Owrl5=m Marg ret . Stews Commission expires 0828/95) "? 1Notary P bite W+r The assignee hereby certifles: PNC BANK, KENTUCKY, INC. ringer PNC MORTGAGE COMPANY ASSIGNMENT OF MORTGAGE BETWEEN: Precise residence Is: 539 Sowh 4th Avenue AND Louisville, KY 40202 FlUdert C. Bricker, Ezacu9ve Vkro President THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA PNC BANK, KENTUCKY, INC. dilate PNC MORTGAGE COMPANY MAIL TO: PNC MORTGAGE COMPANY ATTN: ACQUISITION DEPT. 539 South Fourth Avenue Louisville, KY 40202.2531 MM,r.. The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. ti TERESA SWITZER 2nd VICE PRESIDENT F V r',.. rte. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05255 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS. ALLEMAN JOHN W ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: UNITED STATES OF AMERICA THE but was unable to locate _ Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania. to serve the within COMPLAINT - MORT FORE On October 12th, 1999 , this office was in receipt of the attached return from PHILADELPHIA County, Pennsylvania. Sheriff's Costs: So 2/M Docketing 6. 00 Out of County 9.00 Surcharge 6.00 omas i e, er? Dep. Phila Co 116.00 $x39=0 GR$NEI & BIRSIC 10/12/1999 Sworn and subscribed to before me this 1.2 C?7 day of Oe.&L. 19q7 A.D. cl"s? /? rFQi. V I -Fro ono r SHERIFF'S RETURN - REGULAR CASE NO: 1999-05255 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS. ALLEMAN JOHN W ET AL HAROLD WEARY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALLEMAN JOHN W A/K/A JOHN W ALLEMAN JR the defendant, at 20:25 HOURS, on the 2nd day of September 1999 at 60 HICKORYTOWNN ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DEBRA K. SHIELDS a true and attested copy of the COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit 18.00 30 .0 So answers: ? Surcharge 8.00 - omas ine, eri $79iO-GR$NEq & BIRSIC 10M /1999 by ? Pu Sworn and subscribed to before me this .IV& day of 19 q A.D. < ? 0'. rocnono-terry SHERIFF'S RETURN - REGULAR CASE NO: 1999-05255 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS. ALLEMAN JOHN W ET AL HAROLD WEARY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHIELDS DEBRA K the defendant, at 20:25 HOURS, on the 2nd day of September 1999 at 60 HICKORYTOWN ROAD CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to DEBRA K. SHIELDS a true and attested copy of the COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service 6.00 So answer Affidavit .00 00 Surcharge . 8.00 omas ine, -e i $T4-.IIII- GR$NEN & BIRSIC 10/12/1999 by !?u epu y Sher111 Sworn and subscribed to before me this Jo'K' day of 19 99 A.D./ ?_ls l?0_. Pl, IQaL rocnonotary In The Court of Common Pleas of Cumberland County, Pennsylvania PNC Bank, N.A. et al VS. The United States of America No. 99-5255 Civil Term Now, _ Aug. ao , 1944, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this _ day of , 19_ 19 , at o'clock M. served the copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA S SHERIFFS RETURN - SUMMONS/COMPLAINT V VERSUS L' ,S//;? NO. J C TERM, 19?? ? Defendant SERVED AND MADE KNOWN TO Defendant Company by handing a true and attested copy of the within Summons/Complaint, issued in the above captioned matter on 'ZT 19 at 3C?o'clock, M.,£.S. .S.T. at ll / ???? * S in the County of Philadelphia, State of Pennsylvania, to ? (1) the aforesaid defendant, personally; ? (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of ? (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re- quest, to give his/her name and relationship to said defendant; ? (4) the manager/clerk of the place of lodging in which said defendant resides; 9(5) agent or person for the time being in charge of defendant's office or usual place of business. ? (6) the and officer of said defendant Company; So Answers, JOHN O. GREEN, Sheriff COMMON PLEAS NO. COUNTY COURT 1 By: Deputy Sherill 12.78 (Rw. 17487) w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL CIVIL DIVISION ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC NO.: 99-5255 P MORTGAGE COMPANY Plaintiff, Vs. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS,and THE UNITED STATES OF AMERICA, TYPE OF PLEADING Defendant. PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Against John W. Alleman, a/k/a John W. Alleman, Jr., and Debra K. Shields (ONLY) FILED ON BEHALF OF PLAINTIFF: PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly]. Hong, Esquire Pa. I.D. # 74950 Kristine M. Faust, Esquire Pa I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, PNC BANK, CIVIL DIVISION KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY Plaintiff, NO.: 99-5255 P vs. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA, Defendants, PRAECIPE FOR DEFAULT IUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, John W. Alleman, a/k/a John W. Alleman, Jr., and Debra K. Shields, in the amount of $46,957.63, which is itemized as follows: Principal $41,110.90 Interest to 10/18/99 $ 3,209.99 Late Charges to 10/18/99 $ 273.54 Escrow Deficiency $ 63.20 Attorneys' fees $ 800.00 Title Search, Foreclosure & Execution Costs $ 1.500.00 TOTAL $46,957.63 with interest on the Principal sum at the rate of $11.25 per diem and interest to 10/18/99 and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: 7ZL ly J. Hong, Esquire Kristine M. Faust, Esquire Attorneys for Plaintiff GREN N & BIRSIC P.C. Kim r AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT IUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Faust, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. SWORN TO AND SUBSCRIBED BEFORE ME THIS A-' DAY OF P2'4g?SQn -) , 1999 NOTARY PUBLIC Notarial Seal Patricia A. Townsend, Notary Public Pittsburgh, Allegheny County My Commission Expires Juno 2, 2003 Member, P?r^s .... ...., ' *!on ,' nl9:enes IN THE COURT OF CvMMON PLEAS OF CUMBERLAND COIF -4TY, PENNSYLVANIA PNC BAwK, `;ATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY. Plaintiff, Vs. JOHN W. ALLEMAN, a/Wa JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA, Defendants. CIVIL DIVISION ) NO.: 99-5255 P TO: John W. Alleman a/k/a John W. Alleman, Jr. 60 Hickorytown Road Carlisle, PA 17013 DATE OF NOTICE: October 7, 1999 IMPORTANT ?iOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT Y0121?. DEc"GaS OR OBJECT'OiNS TO THE CLAIMS SET FORTH AGAii\='i YOU. UNLESS YOU ,-\CT ?.'ITH .` TEN 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: LAWYER REFERRAL SERVICE Cumberland County Courthouse, 4'^ Floor 1 Courthouse Square Carlisle, PA 1 701 3-33 8 7 (717) 240-6200 GRENEN & BIRSIC, P.C. By: +t.orneys for Plaintiff _,.ie Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS N1AIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) PNC BANK, KENTUCKY, INC., ) d/b 4 PNC',IORTGAGE COMPANY, ) Plaintiff, ) NO.: 99-5255 P Vs. ) JOHN W. ALLEMAN, a/k/a ) JOHN W. ALLEMAN, JR., and ) DEBRA K. SHIELDS, and ) THE UNITED STATES OF AMERICA, ) Defendants. ) TO: Debra K. Shields 60 Hickorytown Road Carlisle, PA 17013 DATE OF NOTICE: October 7, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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: LAWYER REFERRAL SERVICE Cumberland County Courthouse, 4°i Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 GRENEN & BIRSIC, P.C. By: Attorneys for Plaintiff One Gateway Center, Nine Wesl Pittsburgh, PA I '_22 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ?? m U r 7 ? a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff, NO. 99-5255-P Vs. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA, Defendants. TYPE OF PLEADING: Stipulation FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa I.D. 474950 Grenen & Birsic, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-5197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff, NO. 99-5255-P VS. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA, Defendants. S T I P U L A T I O N It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States America, as follows: 1. That the premises referred to in Exhibit "B" of the Complaint are owned by the Defendants. 2. That the Federal tax lien referred to in Paragraph Three (3) of the Plaintiff's Complaint is junior in time to the Plaintiff's Mortgage set forth in Paragraph Five (5) of said Complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 5. That the aforesaid premises shall be sold at a judicial ? . I sale, notice of which shall be served on Defendant, United States of America. 6. That the judicial sale of said property shall discharge the Federal Lien referred to in Paragraph Three (3) of said Complaint. 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled. 8. That Defendant, United States of America, preserves its right of redemption as provided in Title 28 of the United States Code, Section 2410(c). 9. The parties to this Stipulation shall bear their own respective costs in this proceeding. Respectfully submitted, MICHAEL R. STILES United States Attorney By: JOW K. GARNER Assistant United States Attorney Deputy Chief, Civil Division Attorneys for Defendant, United States of America GRENEN & BIRSIC, P.C. By: u1._ Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-5197 ? a ?, ? ? ?4 ? ?? _ _ ? z ? ? $ ? ,? ? `1?i .. ,. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION CIVIL DIVISION PNC BANK, KENTUCKY, INC. d/b/a PNC MORTGAGE COMPANY Plaintiff, NO.: 99-5255-P Vs. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, AND THE UNITED STATES OF AMERICA Defendant. ISSUE NO.: TYPE OF PLEADING Praecipe for Writ of Execution (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire PA I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-5197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC. d/b/a PNC MORTGAGE COMPANY Plaintiff, NO.: 99-5255-P Vs. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA Defendants. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR/MADAM: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendant, John W. Alleman a/k/a John W. Alleman, Jr. and Debra K. Shields, (ONLY), as follows: Principal Interest to 3/1/00 Escrow Advance Late Charges to 3/1/00 Attorneys' fees Title Search, Foreclosure and Execution Costs Costs (to be added) TOTAL $ 41,110.90 S 4,905.09 $ 63.20 S 176.28 $ 800.00 S 1,500.00 $ 48,555.47 GRENEN & BIRS C, P.C. By: Kristine M. Faust, Esquire Pa. I.D. #77991 Attorneys for Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff, vs. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA Defendants. NO.: 99-5525-P LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Middlesex in the County of Cumberland and commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western 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 feet to a point on line of Lot No. 14 on said Plan; thence by Lot No. 14 North 15 degrees 24 degrees 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 ofT-572; thence by same South 15 degrees 24 minutes East 151.52feet to a point, the place of BEGINNING. BEING Lot No. 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. BEING the same premises which Donald P. Bennett and Nancy M. Bennett f/k/a Nancy M. Tate, His Wife, by deed dated June 8, 1989 and recorded on June 8, 1989 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume 33Z, Page 556, granted and conveyed unto John W. Alleman, Jr., and Debra K. Shields. DBV 33Z Page 556 Parcel No. 21-23-0585-033 GRENEN & BIRS P.C. gy\ ? ?_ tLOC Lc-?i ? u?i K Stine M. Faust, E lire Pa. I.D. #77991 Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 DEFENDANTS John W. Alleman a/k/a John W. Alleman, Jr. and Debra K. Shields ************ WRIT NO. 99-5255-P DEBT $ 48,555.47 ******* **** NAME OF ATTORNEY(S): GRENEN & BIRSIC, P.C. SHORT DESCRIPTION: ***************** ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN. JR., and DEBRA K. SHIELDS OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALLTHEFOLLOWING DESCRIBED REAL ESTATE SITUATED INTHETOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 60 HICKORYTOWN RD., CARLISLE, PA 17013. DEED BOOK VOLUME 33Z, PAGE 556, AND PARCEL NUMBER 21-23-0585-033. Execution No. 99-5255-P ATTENTION NEWSPAPERS: DO NOT PRINT ANYTHING APPEARING BELOW DOUBLE LINE OR UNDERSCORED WITH ASTERISKS (*****). THIS COMPLETED FORM MUST BE FILED IN TRIPLICATE ALONG WITH ONE COPY OF LONG DESCRIPTION AND WRIT. LONG DESCRIPTION MUST BE SIGNED AND CONTAIN LOT AND BLOCK DESIGNATION WHERE APPLICABLE. (Use additional sheets for short description whenever necessary) ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN JR. and DEBRA K. SHIELDS OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 60 HICKORYTOWN RD., CARLISLE, PA 17013. DEED BOOK VOLUME 33Z, PAGE 556, AND PARCEL NUMBER 21-23-0585-033. Execution No. 99-5255-P o C%j a sji? O" [r]te \./1 1 ?\ ? ??`„ ` 1.1 CL 0 C:D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff, NO.: 99-5255-P VS. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly swom according to law deposes and says that the owner of the property located at 60 Hickorytown Rd., Carlisle, PA 17013 are, Defendants, John W. Alleman a/k/a John W. Alleman, Jr., Debra K. Shields, who resides at 60 Hickortown Rd., Carlisle, PA 17013, to the best of her information, knowledge and belief. ,IZ2- `1Le1LL?tCS ?Cd? Kristine M.. Faust, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS le- DAY OF ?]rY„w ?Y?n l 1999. N 1 S? cv) r: y r LL ` O V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC., d/b/a NO.: 99-5255-P PNC MORTGAGE COMPANY, Plaintiff, Vs. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, and THE UNITED STATES OF AMERICA Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P.S.101. ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on June 7, 1999, Defendants were mailed a Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 and Act 6 Notices of Intention to Foreclose by certified mail, return receipt requested, and first class U.S. Mail. ? 64Z L Girl`/ ? Krisnn'ee M. Faust, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS IttDAY OF Ur-,1999. C?t&kc--? (:"--A Ar),rl Notary Public Patric! A. 1 :: ??, i ri. nz.. a> u r?? ry n o 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff NO.: 99-5255-P Vs. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: DEBRA K. SHIELDS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE SECOND FLOOR COMMISSIONER'S HEARING ROOM ONE COURTHOUSE SQUARE CARLISLE. PA 17013 on June 7. 2000, at 1100 A.M., the following described real estate, of which John W. Alleman a/k/a John W. Alleman, Jr., and Debra K. Shields are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN JR. and DEBRA K. SHIELDS OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALLTHE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 60 HICKORYTOWN RD., CARLISLE, PA 17013. DEED BOOK VOLUME 33Z, PAGE 556, AND PARCEL NUMBER 21-23-0585-033. Execution No. 99-5255-P of The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC. d/b/ad PNC MORTGAGE COMPANY, Plaintiff, NO.: 99-5255-P VS. JOHN. W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA, Defendants. at Execution Number 99-5255-P in the amount of S 48.555.47. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is ajudgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 4"' FLOOR ICOURTHOUSESQUARE CARLISLE. PA 17013-3387 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike thejudgmenl or a petition to stay the execution. Ifthejudgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Dcfend, you may have the right to have thcjudgntcnt opened ifyou promptly file apetition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage orjudgment. You may also have the right to have the judgment stricken ifthe Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike llte judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale ifyou can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: ? C.Gcx c2.c< ?Uc7c Kristi t -M. Faust, Esquire Attorney for Plaintiff ?. ?? ti4 ? sa Vic, c> > u?< ???? F!. z R 4! t j O O U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff NO.: 99-5255-P vs. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN JR. TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE SECOND FLOOR COMMISSIONER'S HEARING ROOM ONE COURTHOUSE SQUARE CARLISLE. PA 17013 on June 7.2000, at 11:00 A.M., the following described real estate, ofwhich John W. Alleman a/k/a John W. Alleman, Jr., and Debra K. Shields are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN W. ALLEMAN a/Wa JOHN W. ALLEMAN JR. and DEBRA K. SHIELDS OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 60 HICKORYTOWN RD., CARLISLE, PA 17013. DEED BOOK VOLUME 33Z, PAGE 556, AND PARCEL NUMBER 21-23-0585-033. Execution No. 99-5255-P of The said Writ of Execution has been issued on ajudgmcnt in the mortgage foreclosure action PNC BANK, NA rIONAL ASSOCIATION PNC BANK, KENTUCKY, INC. d/b/a/ PNC MORTGAGE COMPANY, Plaintiff, NO.: 99-5255-P vs. JOHN. W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA, Defendants. at Execution Number 99-5255-P in the amount of $ 48.555.47. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Ofl.ce of the Sheriff. This paper is a notice of the date and time 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 or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE. 4"' FLOOR I COURTHOUSE SQUARE CARLISLE. PA 17013-3387 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheri ffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If thejudgment was entered because you did not file with the Court any defense orobjection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have thejudgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have thejudgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. u?2? u0/ By: Kristin . Faust, Esquire Attorney for Plaintiff La V C Cl PNC Bank National Association PNC Bank, Kentucky, Inc. d/b/a PNC Mortgage Company -vs- John W. Alleman, aWa John W. Alleman, Jr And Debra K. Shields and The United States Of America In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-5255 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Law Library County Levy Postpone Sale Surcharge Sworn and subscribed to before me 30.00 183.76 .50 1.00 15.00 20.00 30.00 $ 280.26 Pd By Atty 01/26/00 This j?4 day of L 1..,..-e •; 1999, A.D.a r honotary ' R. Thomas Kline, Sheriff BY Real Estate Deputy N c4,r-.27a]ry /1'. 9o s ye IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC. d/b/a PNC MORTGAGE COMPANY, Plaintiff, NO.: 99-5255-P VS. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) PNC Bank. National Association. PNC Bank. Kentucky Inc d/b/a PNC Mortgage Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of John W. Alleman a/k/a John W. Alleman and Debra K. Shields located at 60 Hickorvtown Rd.. Carlisle. PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN. JR., and DEBRA K. SHIELDS OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALLTHE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 60 HICKORYTOWN RD., CARLISLE, PA 17013. DEED BOOK VOLUME 33Z, PAGE 556, AND PARCEL NUMBER 21-23-0585-033. Execution No. 99-5255-P I . The names and addresses of the owners or reputed owners: John W. Alleman a/k/a John W. Alleman, Jr. 60 Hickorytown Rd. Carlisle, PA 17013 Debra K. Shields 60 Hickorytown Rd. Carlisle, PA 17013 2. The names and addresses of the defendants in thejudgment: John W. Alleman a/k/a John W. Alleman, Jr. 60 Hickorytown Rd. Carlisle, PA 17013 Debra K. Shields 60 Hickorytown Rd. Carlisle, PA 17013 3. The name and last known address of evcryjudgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, National Association PNC Bank, Kentucky, Inc., d/b/a PNC Mortgage Company [Plaintiff] Sears Roebuck Co. Citibank (S. Dakota) N.A. Greenwood Trust Co. 96 S. George St. York, PA 17401 3940 Olympic Blvd. Erlanger, KY 41018 Address to be supplemented 4. The name and address of the last record holder of every mortgage of record: PNC Bank, National Association PNC Bank, Kentucky, Inc, d/b/a PNC Mortgage Company [Plaintiff] The I" Bank & Trust Co. Main & Market Sts. Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: PA Dept. of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 Domestic Relations P.O. Box 320 Carlisle, PA 17013 1 6. The 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. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants 60 Hickorytown Rd. Carlisle, PA 17013 I verify that the statements made in the 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.A. §4904 relating to unsworn falsification to authorities. /.? / /e/-l9 SWORN to and subscribed before me this - day of Sc Q ,fie i 999. GRENEN & BIRSIC, P.C. By C.yuc i,? Kristin : Faust, Esquire Attorney for Plaintiff (2&-'1 c; n Ai d Notary Public ra ? i P Inc ? A Tc ? id t .; it Pt it III , i/C ?._ fvlV?i rc n r ti ?? - i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff NO.: 99-5255-P Vs. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JOHN W. ALLEMAN wWa JOHN W. ALLEMAN JR TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE SECOND FLOOR. COMMISSIONER'S HEARING ROOM ONE COURTHOUSE SQUARE CARLISLE. PA 17013 on June 7.2000, at 1100 A.M., the following described real estate, of which John W. Alleman a/k/a John W. Alleman, Jr., and Debra K. Shields are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN. JR., and DEBRA K. SHIELDS OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALLTHE FOLLOWING DESCRIBED REAL ESTATESITUATED INTHETOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 60 HICKORYTOWN RD., CARLISLE, PA 17013. DEED BOOK VOLUME 33Z, PAGE 556, AND PARCEL NUMBER 21-23-0585-033. Execution No. 99-5255-P of The said Writ ofExecution has been issued on ajudgment in the mortgage foreclosure action PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC. d/b/a/ PNC MORTGAGE COMPANY, Plaintiff, NO.: 99-5255-P VS. JOHN. W. ALLEMAN, a/Wa JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA, Defendants. at Execution Number 99-5255-P in the amount of S 48.555.47. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is ajudgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE. 4T" FLOOR ICOURTHOUSESOUARE CARLISLE. PA 17013-3387 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If thejudgment was entered because you did not file with the Court any defense orobjection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened i fyou promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If thejudgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage orjudgment. You may also have the right to have thejudgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale ifyou can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: GuQ/ Kristin . Faust, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC., d/b/a PNC MORTGAGE COMPANY, Plaintiff NO.: 99-5255-P VS. JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: DEBRA K. SHIELDS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE SECOND FLOOR COMMISSIONER'S HEARING ROOM ONE COURTHOUSE SQUARE CARLISLE. PA 17013 on June 7.2000, at 11:00 A.M., the following described real estate, of which John W. Alleman WWa John W. Alleman, Jr., and Debra K. Shields are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JOHN W. ALLEMAN a/k/a JOHN W. ALLEMAN. JR., and DEBRA K. SHIELDS OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 60 HICKORYTOWN RD., CARLISLE, PA 17013. DEED BOOK VOLUME 33Z, PAGE 556, AND PARCEL NUMBER 21-23-0585-033. Execution No. 99-5255-P of The said Writ of Execution has been issued on ajudgment in the mortgage foreclosure action PNC BANK, NATIONAL ASSOCIATION PNC BANK, KENTUCKY, INC. d/b/a/ PNC MORTGAGE COMPANY, Plaintiff, NO.: 99-5255-P VS. JOHN. W. ALLEMAN, aWa JOHN W. ALLEMAN, JR. and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA, Defendants. at Execution Number 99-5255-P in the amount of $ 48.555.47. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time 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 or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 4n' FLOOR I COURTHOUSE SQUARE CARLISLE. PA 17013-3387 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. Ifthe judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened ifyou promptly file a petition with the Courtalleging a valid defense and a reasonable excuse for failing to file the defense on time. If thejudgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the j udgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By. Kristi . Faust, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PI-E:\S OF CU,vMERLAND COUN°fY PENNSI'LV:\NL,% CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY. INC., d. h it PNCNIORTGAGE COMPANY, Plaintiff, NO.: 99-5535-P vs. JOHN W. ALLENIAN a'Ida JOHN W. ALLEMAN. JR. and DEBRA K. SHIELDS and THE UNITED STATES OF AMERICA Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Tov.nship of ?Jid !!_sce in the County of Cumberland and commotmealth of pennsvl aria, more particularly described as follows: BEGINNING at a point on the western dedicated right-of wav line of T-572 known as Hickorytown Road, at corner of Lot No. 2 oil the hereinafter mentioned Pl:m: thence by Lot No. 3 South 74 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 degrees minutes West 151.52 feet feet to a point on line of land now or formerly ofMarlin E. Sharp; thence by same North thence by same S 74 degrees 36 minutes East feet to a point on the wester dedicated right-of-way line of T-572 South l5 degree s 24 minutes East 151.52feet to a point, the place of BEGINNING. BEING Lot No. 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 IS. BEING the sane premises which Donald P. Bennett and Nancy M. Bennett f,'k'a Nancy M. Tate, His Wife, by deed dated June 3, 1959 and recorded on June 3, 1939 is the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume 33Z, Page 556, granted and conveyed unto John W. Alleman, Jr., and Debra K. Shields. DBV 33Z Page 556 Parcel No. 21-23-05S5-033 GRENEN & BIRSIC' P.C. By:, Kristine II. Faust, Es lire Pct. I.D. ;:77991 Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15332 (412)28 1-7650 ;: , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-5255 _ CIVIL Wx COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due PNC Bank Na ' onal Association PNC Bank Kentucky, Inc d/b/a PNC Mortgage Company PLAINTIFF(S) from John W. Alleman, a/k/a John W. Alleman Jr and Debra K Shields DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyof the clefenclant(s) not levied uponan subject to attachment is found in the possession of anyoneother 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 $41,110.90 $.50 Interest to 311/00 54.905.09 Arty's t3mm Fees 5800.OC Atty Paid $263.10 Plaintiff Paid Due Prothy. $1.00 Other Costs Escrow Advance $63.20 Late Charges to 3/1/00 $176.28 Title Search, Foreclosure id Wgtion Costs Date: January 11, 2000 REQUESTING PARTY: Grenen & Edrsic,atP.C. Name Kriefi na M_ Fan, Fc Address: One Gateway Center, Nine West Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: CCU) 281-5197 Supreme Court ID No. 77991 Curtis R. Long Prothonotary, Civil Division by: QOM?.,?? 'e 64 Deputy REAL t,`*f,1` E .Sj!'*,i_.L No.).' #jn/b,u,,,,,,,. iy a a+ the sheriff levied upon the defendant:, Interest in the real property situated in _44' 1. y !/- Cumberland County, Pa., known and numbered as:Awe _ and more fully described on Exhibit "A" filed with z: N this writ and by this reference incorporated herein. he v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, PNC BANK, KENTUCKY, INC. d/b/a PNC MORTGAGE COMPANY, Plaintiff, Vs. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, AND THE UNITED STATES OF AMERICA, Defendants. NO.: 99-5255-P ISSUE NO.: TYPE OF PLEADING: Praecipe to Satisfy Judgment FILED ON BEHALF OF PLAINTIFF: PNC Bank, National Association, PNC Bank, Kentucky, Inc. d/ba PNC Mortgage Company COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. No.: 77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, NO.: 99-5255-P PNC BANK, KENTUCKY, INC. d/b/a PNC MORTGAGE COMPANY, Plaintiff, VS. JOHN W. ALLEMAN, a/k/a JOHN W. ALLEMAN, JR., and DEBRA K. SHIELDS, AND THE UNITED STATES OF AMERICA, Defendants. PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY SIR: Kindly mark the judgment satisfied in the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Kristine M. Faust, Es ire Attorney for Plaintiff Sworn to and subscribed before me thisday ofc-? 2000. ?0 t r ,cam ?` ? c?n1s- ? Notary Public Notarial sent F!'atricia A. Tosnscid, Notary Public Htsburgh, Allaghmry County MM,""n C'p"a June 2, 2003 Mamblx Penn;yr:anla ASsociawn of Notano5 L:_