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Comroe, Hing & Associates
By: David B. Comroe Identification No.:25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
215-568-0400
Attorney for Plaintiff
ContiMortgage Corporation
One ContiPark, 338 South
Warminster Road, Hatboro, PA
19040-3430,
Plaintiff
VS.
James L. McNaney,
38 Bayberry Drive,
Mechanisburg, PA 17055
and
Debra E. McNaney,
38 Bayberry Drive,
Mechanisburg, PA 17055,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Term
No.
CIVIL ACTION: FORECLOSURE
N 2_1_1_g E
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after the Complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave. Carlisle, PA
(717)249-3166
?
'tom it A !f? ?_? AND A"Y
,0= In To A g4066hI M ( TAR PROM YOU OR
Mn WIIL BE USED TO TAT WO
AMMO
A V I S O
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, 0 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 IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE"
(SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300.
Cumberland County Bar Association
2 Liberty Ave. Carlisle, PA
(717)249-3166
2 UZ 43 A P6[KM 7919 PURPM OF
'EX( 14 70 T A DMT AK) A.N-r
THiGW"TrM 06't.UIY'!?D FROM Y01-I :ik
n1*`01MB 01M RRLL BE USED TO TUAT :,.;;
I. Plaintiff is ContiMortgage Corporation, with its principal
offices at One ContiPark, 338 South Warminster Road, Hatboro, PA
19040-3430.
2. Defendants are James L. McNaney and Debra E. McNaney, with
an address as set forth above.
3. On August 5, 1998 James L. McNaney and Debra E. McNaney
executed and delivered a Mortgage upon premises hereinafter
described to NCS Mortgage Services, LLC, which mortgage was
recorded in the Department of Record at Cumberland County,
Pennsylvania in Mortgage Book 1474, at page 743 on August 11, 1998.
4. The said mortgage was assigned on November 25, 1998 to
ContiMortgage Corporation, said Assignment being recorded in
Assignment of Mortgage Book No. 959, Page 1068 on November 25,
1998.
5. The premises subject to said Mortgage are known as 38
Bayberry Drive, Mechanisburg, PA 17055 and are more particularly
described in Exhibit "A" attached hereto and incorporated herein by
reference.
6. The Defendants are James L. McNaney and Debra E. McNaney
the record and real owners of the said real estate subject to the
Mortgage.
7. The said Mortgage is in default by reason of the fact that
the monthly installments of principal and interest as due on April
10, 1999, and as due on the tenth day of each month thereafter are
still due and owing and have not been paid; and by the terms of the
said Mortgage, upon failure to make such payments when due, the
e
siM/tr((?iyyEp?? r, X.f.`:cti Y A IiT AND .VrI
!i`K,,,yY)WJ?DY'Y? \W. a??:yi'.V i?lUl?': ? ??•.
Whole of the principal balance and all interest due thereon,
together with late charges and other recoverable sums and
attorney's fee are now due and payable forthwith.
8. The monthly installment payment composed of principal and
interest due under the terms of said Mortgage and Mortgage Note for
each such month was ONE THOUSAND SIXTY NINE DOLLARS AND 05 CENTS
($1,069.05).
9. The following amounts are therefore due and owing on said
Mortgage:
(a) Principal Debt $118,940.69
(b) Late Charges at $53.45 per month
from 4/10/99 to 9/ 7/99 $ 267.25
(c) Interest from 3/10/99 through 9/
7/99 at $33.87 per diem $ 6,130.47
(d) Total Escrow Deficit to date $ 800.00
(e) Reasonable Attorney's fees as in
the above stated amount reflect third
party sale only. If the Mortgagor
reinstates the account, attorney's
fees will be reasonable based upon
work performed.
$
5,947.03
(f) Title Report $ 435.00
(g) Court Filing Charge $ 115.50
(h) Uncollected Late Charge(s) $ 25.50
(i) Escrow Credit $
TOTAL AMOUNT DUE $132,661.44
In addition, interest at the rate of $33.87 per day on the unpaid
principal balance will continue to accrue until the default is
resolved. Any payments which are allowable under the mortgage
4
document and are necessary to protect Plaintiff, relating to real
estate taxes owed or which become due on the mortgaged property
together with fire or homeowners insurance premiums necessary to
protect the Plaintiff, or any reasonable costs necessary to protect
the property from waste or vandalism shall also become due and
owing by Defendants to Plaintiff when expended by Plaintiff.
10. Pursuant to the provisions of Act No. 6 of the
Pennsylvania General Assembly dated January 30, 1974, as amended,
a Notice of intention to Foreclose Mortgage was mailed by Certified
Mail, Return Receipt Requested to the Defendants at the aforesaid
mortgaged premises. True and correct copies of said Notices are
attached hereto and made a part hereof as Exhibit "B" and same are
incorporated by reference herein as though here fully set forth at
length.
11. Pursuant to the provisions of Act 91 of the Pennsylvania
General Assembly dated December 13, 1983, "The Emergency Mortgage
Relief Act," notices in accordance with the Homeowners' Emergency
Assistance Act of 1983 were mailed by regular 1st class mail to the
Defendants at the aforesaid mortgaged premises.
WHEREFORE, Plaintiff prays judgment against Defendants in the
sum of $132,661.44 plus interest and late charges at the contract
5
rate to date of Judgment as set forth above and coats, both of suit
and as set forth above, and for foreclosure and sale of the
mortgaged premises.
DATED: August 24, 1999 Respectfully submitted,
Comroe, Hing & sociates
By:
David Comroe
Supreme Court I.D. 25694
Attorneys for Plaintiff
6
a
,i
t,
express authorization to enter into this verification for Plaintiff,
verifiesvthe
t. foregoing Complaint in Mortgage Foreclosure and avers that the
statements of fact therein contained are made subject to the
-penalties of 16 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities, and that same are true upon the
signer's personal knowledge or information and belief.
7
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision Plan; thence along same South 89
degrees 25 minutes 42 seconds. Wftt, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 214 and 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel X/38-22-0144-164
ei
?i. O'ContilVortgage-
One r
ContiPark • 338 S. Warminster Road • Hatboro, PA 19040.3430
(888) 820.3411
Asset Management Department
June 09, 1999
JAMES L MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
RE: ContiMortgage Loan Number: 0007212822
ACT 6
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The Mortgage held by ContiMortgage (thereafter we, us or ours) IS IN
DEFAULT as a result of your failure to pay your last 2 monthly
installments. Late charges have also accrued to this date. The total
amount now required to cure this default or, in other words, get caught
up in your payments,-ag.of the date of this letter is $2,644.24.
You may cure this default within THIRTY (30) DAYS of the date of this
letter by paying to us the amount of $2,644.24 plus any additional
monthly payments and late charges which may fall due during this period.
Such payment must be made either by cashier's check, certified check
or money order, and made payable to:
CONTIMORTGAGE CORPORATION
P. 0. Box 13919
PHILADELPHIA, PA 19101
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means
that whatever is owing on the original amount borrowed will be
considered due immediately and you may lose the chance to pay off the
original mortgage in monthly installments. If full payment of the
amount of the default is not made within THIRTY (30) DAYS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your
mortgaged property. If the mortgage is foreclosed, your property
will be sold by the Sheriff to pay off the mortgage debt.
If we refer your case to our attorneys but you cure the default before
they begin legal proceedings against you, you will still have to pay
the reasonable attorney's fees actually -incurred, up to $50.00.
However, if legal proceedings are started against you, you will have
to pay the reasonable attorney's fees even if they are over $50.00.
Any attorney's fees will be added to whatever you owe us, which also
may include our reasonable fees. If you cure the default within the
thirty (30) day period, you will not be required to pay attorney's fees.
We may also sue personally for the unpaid principal balance and all
other sums due under the mortgage.
® Printed on rm)ded paper.
rim
? ContiMortgage
One ContiPark - 338 S. Warminster Road • Hatboro, PA 19040-3430
(888) 820.3411
Page Tit Management Department
ContiMortgage Loan Number 0007212822
If you have not cured the default within the thirty(30) day period and
foreclosure proceedings have begun, you still have the right to cure the
default and prevent the sale at any time up to one (1) hour before the
Sheriff's foreclosure sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as
well as the reasonable attorney's fees and costs connected with the
foreclosure sale (and perform any other requirements under the mortgage).
A notice of the date of the Sheriff's sale will be sent to you before
the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly
what the required payment will be by calling us at the following
number: 1-800-635-9698. This payment must be in cashier's check, certified
check or money order-aid made payable to us at the address.rstated above.
You should realize that Sheriff's sale will end your ownership of the
mortgaged property and your rights to remain in it. If you continue to
live in the property after the Sheriff's sale, a lawsuit could start to
evict you.
You have additional rights to help protect your interest in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF
THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION
TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE
PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL
ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS,
CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE
SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED).
CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS MIGHT EXIST.]
YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING
ON YOUR BEHALF. If you cure the default, the mortgage will be restored
as it no
in any calendar year.
Sincerely,
to cure your
Collection Department
Asset Management Division
Regular and Certified Mail
Enclosure
LWPAACT6
curred. However, you are not
more than three (3) times
® Printed an rea)rled Paper.
ram
C-
One ContiPark • 388 S. Warminster Road - Hatboro, PA 19040.3430
(888) 820.3411
Asset Management Department
June 09, 1999
JAMES L MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
Re: ContiMOrtgage Loan Number: 0007212822
Property Address 38 BAYBERRY DRIVE, MECHANICSBURG, PA 17055
ACT 91
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
The Commonwealth of Pennsylvania Emergency Mortgage Assistance Program
may be able to help you. Read the following notice to find out how the
program works. If you. need more information call the Pennsylvania
Housing Agency at 1cS M-.342-2397. .,;
La notificacion en adjunto es de suma importancia, pues afecta su derecho
a continuar viviendo en su casa. Si no comprende el contenido de esta
notificacion obtenga un traduccion immediatamente llamanda esta agencia
(Pennsylvania Housing Finance Agency) sin cargos al numero menionada
arriba.
Puedes ser elegible para un prestamo por el programa llamado. "Homeowner's
Emergency Mortgage Assistance Program": el cual puede salvar su casa de la
pardida del derecho a redimir su hipoteca.
IMPORTANT: NOTICE OF HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS
Your mortgage is in serious default because you have failed to pay
promptly, your last 2 monthly installments of principal and
interest. The total amount of the deliquency is $2,644.24.
You may be eligible to financial assistance that will prevent
foreclosure on your mortgage if you comply with the provisions of the
Homeowner's Emergency Mortgage Assistance Act of 1983 (the "ACT"). You
may be eligible for emergency temporary assistance if your default has
been caused by circumstances beyond your control, and if you meet the
eligibility requirements of the Act as determined by the Pennsylvania
Housing Finance Agency. Please read all of the Notice. It contains
an explanation of your rights.
121
® Primed on m cled paper.
ContiMortgage -
One ContiPark • 388 S. Warminster Road • Hatboro, PA 190400490
(888) 820.3411
Asset Management Department
Page Two
June 09, 1999
ContiMortgage Loan Number 0007212822
Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. During
that time you have the right to arrange a "face-to-face" meeting with a
representative of this lender, or with a designated consumer credit
counseling agency. The purpose of that meeting is to attempt to work
out a repayment plan or otherwise settle your delinquency. That meeting
must occur in the next thirty (30) days.
If you attend a. face-to-face meeting with this lender, or with a consumer
credit counseling agent identified in this Notice, no further proceedings
in mortgage foreclosure may take place for thirty (30) days after the
date of that meeting. -
The name, address and telephone number of our representative is;
ContiMortgage, COLLECTION DIVISION 3, P. 0. Box 13919 Philadelphia,
PA, 19101, 1-800-635-9698.
The name(s), and address (es) of (a) designated consumer credit counseling
agency(ies) is(are):
SEE ATTACHED LIST
It is only necessary to schedule one face-to-face meeting. You should
advise this lender immediately of your intentions. If you have tried
and are unable to resolve this problem at or after your face-to-face
meeting, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Fund. In order to do this,
you must fill out, sign and file a completed Homeowner's Emergency
Assistance Application with the Pennsylvania Housing Finance Agency.
The consumer credit counseling agency will assist you in filling out your
application. It must be postmarked within thirty (30) days of your face-
to-face meetimg. You must either mail your application to the Pennsylvania
Housing Finance Agency, or you must file it at the office of one of the
designated consumer credit counseling agencies listed. The Pennsylvania
Housing Finance Agency is located at 2101 North Front Street, P. O. Box
8029, Harrisburg, PA 17105, phone number 717-780-3800 or 800-342-2397
(toll free number).
An application for assistance may be obtained from this lender, from a
consumer credit counseling agency, or directly from the Pennsylvania
Housing Finance Agency. It is extremely important that you file your
application promptly. If you do not do so, or if you do not follow the
other time periods set forth in this letter, foreclosure may proceed
against your home immediately. Available funds for emergency mortgage
assistance are very limited. They will be distributed by the Agency under
the eligibility criteria established by the ACT.
IS Primed on rec)eled piper. 0 1 :
ContiMortgage
One ContiPark • 338 S. Warminster Road • Hatboro, PA 19040.3430
(888)820.3411
Matt Management Department
Page Three
June 09, 1999
ContiMortgage Loan Number 0007212822
It is extremely important that your application is accurate and complete
in every respect. The counseling agency will help you to fill out the
application. The Pennsylvania Housing Finance Agency has sixty (60) days
to make a decision after it receives your application. During that
additional time, no foreclosure proceedings will be pursued against you
if you have met the time requirements set forth above. You will be
notified directly by the Agency of its decision on your application.
In addition, you will receive another notice from this lender under
Act 6 of 1974. That notice is called a "Notice Of Intention To Foreclose', .
You must read both nob4ces, since both explain rights thatwyou now have
under Pennsylvania law. However, if you choose to exercise your rights
described in this notice, we cannot foreclose upon you during that time.
Also, if you receive financial assistance from Pennsylvania Housing
Finance Agency, your home cannot be foreclosed upon while you are
receiving that assistance.
Sincerely,
Collection Department
Asset Management Division
Regular and Certified Mail
Enclosure
LWPAACT91
® primed on regeled paper,
ContiMortgage -
One ContiPark • 838 S. Warminster Road • Hatboro, PA 19040.3430
(888) 820.3411
Asset Management Department
June 09, 1999
DEBRA E MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
RE: ContiMortgage Loan Number: 0007212822
ACT 6
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The Mortgage held by ContiMortea
(thereafter we, us or ours) IS IN
u
DEFAULT as a result of your failure to pay your last 2 monthly
installments. Late charges have also accrued to this date. The total
amount now required to cure this default or, in other words, get caught
up in your payments.-aa of the date of this letter is $2,644.24.
You may cure this default within THIRTY (30) DAYS of the date of this
letter by paying to us the amount of $2,644.24 plus any additional
monthly payments and late charges which may fall due during this period.
Such payment must be made either by cashier's check, certified check
or money order, and made payable to:
CONTIMORTGAGE CORPORATION
P. 0. Box 13919
PHILADELPHIA, PA 19101
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means
that whatever is owing on the original amount borrowed will be
considered due immediately and you may lose the chance to pay off the
original mortgage in monthly installments. If full payment of the
amount of the default is not made within THIRTY (30) DAYS, we also intend
to instruct our attorneys to start a lawsuit to foreclose your
mortgaged property. If the mortgage is foreclosed, your property
will be sold by the Sheriff to pay off the mortgage debt.
If we refer your case to our attorneys but you cure the default before
they begin legal proceedings against you, you will still have to pay
the reasonable attorney's fees actually -incurred, up to $50.00.
However, if legal proceedings are started against you, you will have
to pay the reasonable attorney's fees even if they are over $50.00.
Any attorney's fees will be added to whatever you owe us, which also
may include our reasonable fees. If you cure the default within the
thirty (30) day period, you will not be required to pay attorney's fees.
We may also sue personally for the unpaid principal balance and all
other sums due under the mortgage.
® Primed on repxled paper.
ContiMortgage
One ContiPark • 338 S. Warminster Road • Hatboro, PA 19040.3430
(888) 820.3411
Page TAffiht Management Department
ContiMortgage Loan Number 0007212822
If you have not cured the default within the thirty(30) day period and
foreclosure proceedings have begun, you still have the right to cure the
default and prevent the sale at any time up to one (1) hour before the
Sheriff's foreclosure sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as
well as the reasonable attorney's fees and costs connected with the
foreclosure sale (and perform any other requirements under the mortgage).
A notice of the date of the Sheriff's sale will be sent to you before
the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly
what the required payment will be by calling us at the following
number: 1-800-635-9698. This payment must be in cashier's check, certified
check or money or-der-&Ad made payable to us at the address..,stated above.
You should realize that Sheriff's sale will end your ownership of the
mortgaged property and your rights to remain in it. If you continue to
live in the property after the Sheriff's sale, a lawsuit could start to
evict you.
You have additional rights to help protect your interest in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF
THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION
TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE
PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL
ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS,
CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE
SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED).
CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS MIGHT EXIST.]
YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING
ON YOUR BEHALF. If you cure the default, the mortgage will be restored
to the same position as if no default had occurred. However, you are not
entitled to this right to cure your
in any calendar year.
Sincerely,
Collection Department
Asset Management Division
Regular and Certified Mail
Enclosure
LWPAACT6
more than three (3) times
Primed an ren<led Paper. 0
ContiMortgage -
One ContiPark • 338 S. Warminster Road • Hatboro, PA 19040-3430
(888) 820.8411
Asset Management Department
June 09, 1999
DEBRA E MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
Re: ContiMortgage Loan Number: 0007212822
Property Address 38 BAYBERRY DRIVE, MECHANICSBURG, PA 17055
ACT 91
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
The Commonwealth of Pennsylvania Emergency Mortgage Assistance Program
may be able to help you. Read the following notice to find out how the
program works. If you need more information call the Pennsylvania
Housing Agency ati 1-8(18-342-2397.
La notificacion en adjunto es de suma importancia, pues afecta su derecho
a continuar viviendo en su casa. Si no comprende el contenido de esta
notificacion obtenga un traduccion immediatamente llamanda esta agencia
(Pennsylvania Housing Finance Agency) sin cargos al numero menionada
arriba.
Puedes ser elegible para un prestamo por el programa llamado. "Homeowner's
Emergency Mortgage Assistance Program": el cual puede salvar su casa de la
pardida del derecho a redimir su hipoteca.
IMPORTANT: NOTICE OF HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS
Your mortgage is in serious default because you have failed to pay
promptly, your last 2 monthly installments of principal and
interest. The total amount of the deliquency is $2,644.24.
You may be eligible to financial assistance that will prevent
foreclosure on your mortgage if you comply with the provisions of the
Homeowner's Emergency Mortgage Assistance Act of 1983 (the "ACT"). You
may be eligible for emergency temporary assistance if your default has
been caused by circumstances beyond your control, and if you meet the
eligibility requirements of the Act as determined by the Pennsylvania
Housing Finance Agency. Please read all of the Notice. It contains
an explanation of your rights.
® Primed on recycled piper.
ILI
ContiMortgage -
One ContiPark • 338 S. Warminster Road • Hatboro, PA 19040.3430
(888) 820.3411
Asset Management Department
Page Two
Jerre 09, 1999
ContiMortgage Loan Number 0007212822
Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. During
that time you have the right to arrange a "face-to-face" meeting with a
representative of this lender, or with a designated consumer credit
counseling agency. The purpose of that meeting•is to attempt to work
out a repayment plan or otherwise settle your delinquency. That meeting
must occur in the next thirty (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agent identified in this Notice, no further proceedings
in mortgage foreclosure may take place for thirty (30) days after the
date of that meetiing.:Qy
The name, address and telephone number of our representative is;
ContiMortgage, COLLECTION DIVISION 3, P. O. Box 13919 Philadelphia,
PA, 19101, 1-800-635-9698.
The name(s), and address(es) of (a) designated consumer credit counseling
agency(ies) is(are):
SEE ATTACHED LIST
It is only necessary to schedule one face-to-face meeting. You should
advise this lender immediately of your intentions. If you have tried
and are unable to resolve this problem at or after your face-to-face
meeting, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Fund. In order to do this,
you must fill out, sign and file a completed Homeowner's Emergency
Assistance Application with the Pennsylvania Housing Finance Agency.
The consumer credit counseling agency will assist you in filling out your
application. It must be postmarked within thirty (30) days of your face-
to-face meetimg. You must either mail your application to the Pennsylvania
Housing Finance Agency, or you must file it at the office of one of the
designated consumer credit counseling agencies listed. The Pennsylvania
Housing Finance Agency is located at 2101 North Front Street, P. O. Box
8029, Harrisburg, PA 17105, phone number 717-780-3800 or 800-342-2397
(toll free number).
An application for assistance may be obtained from this lender, from a
consumer credit counseling agency, or directly from the Pennsylvania
Housing Finance Agency. It is extremely important that you file your
application promptly. If you do not do so, or if you do not follow the
other time periods set forth in this letter, foreclosure may proceed
against your home immediately. Available funds for emergency mortgage
assistance are very limited. They will be distributed by the Agency under
the eligibility criteria established by the ACT.
® Printed on reeiated paper. 0
ContiMortgage -
One ContiPark • 338 S. Warminster Road • Hatboro, PA 19040.3430
(888)820.3411
Asset Management Department
Page Three
June 09, 1999
ContiMortgage Loan Number 0007212822
It is extremely important that your application is accurate and complete
in every respect. The counseling agency will help you to fill out the
application. The Pennsylvania Housing Finance Agency has sixty (60) days
to make a decision after it receives your application. During that
additional time, no foreclosure proceedings will be pursued against you
if you have met the time requirements set forth above. You will be
notified directly by the Agency of its decision on your application.
In addition, you will receive another notice from this lender under
Act 6 of 1974. That notice is called a "Notice Of Intention. To Foreclose"
You must read both not+rices, since both explain rights that..you now have
under Pennsylvania law. However, if you choose to exercise your rights
described in this notice, we cannot foreclose upon you during that time.
Also, if you receive financial assistance from Pennsylvania Housing
Finance Agency, your home cannot be foreclosed upon while you are
receiving that assistance.
Sincerely,
Collection Department
Asset Management Division
Regular and Certified Mail
Enclosure
LWPAACT91
. ® Primed on regded paper
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05715 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONTIMORTGAGE CORPORATION
VS.
MCNANEY JAMES L
ROBERT FINK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon MCNANEY JAMES L the
defendant, at 15:40 HOURS, on the 27th day of September
1999 at 38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to DEBRA E. MCNANNEY
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing x 18.00.?id??3? 2
Affidavit 6.00
Surcharge 8.00 MM $ R? 2iblSiaw rumen 2. 2 )09/29 RING, & ASSOCIATES ^-/ 1999
by
WePULY 1
olItUILL
Sworn and subscribed to before me
this day of,
19 94• A.D.
s SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05715 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONTIMORTGAGE CORPORATION
VS.
MCNANEY JAMES L
ROBERT FINK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon MCNANEY DEBRA E _ the
defendant, at 15:40 HOURS, on the 27th day of September
1999 at 38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to DEBRA E. MCNANNEY
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Affidavit .00w?i-2 .00 IlluaEl Mine, Surcharge 8.00 hhJJ $$ m y5
-CO RO/ HING & ASSOCIATES
09 1999 'VC .
by
epu Sheriff
Sworn and subscribed to before me
this . IA4- day of
19J_ A. D.
' 1 ?'roTnonor-a +
Comroe, Hing & Associates
By: David B. Comroe
Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
VS.
James L. McNaney, 38 Bayberry
Drive, Mechanicsburg, PA 17055:
and Debra E. McNaney, 38
Bayberry Drive, Mechanicsburg,:
PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-5715 Civil
PRAECIPE FOR ENTRY OF JUDGMENT
AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Enter Judgment in the amount of $136,991.98 in favor of the
Plaintiff and against the Defendant for failure to file an
Answer in the above action within twenty (20) days from the
date of service of the Complaint and assess Plaintiff's damages
as follows:
(a) Principal Debt
(b) Late Charges at $53.45 per month
from 04/10/99 to 01/10/2000
(c) Interest from 03/10/99 through
01/10/2000 at $33.87 per diem
(d) Total Escrow Deficit to date
(e) Reasonable Attorney's fees as
in the above state amount reflect
third party sale only. If the
mortgagor reinstates the account,
attorney's fees will be reasonable
based upon work performed.
$118,940.69
$ 481.05
$ 10,362.71
$ 800.00
$ 5,947.03
(f) Title Report $
(g) Court Filing Charges $
(h) Uncollected Late Charge(s) $
(i) Escrow Credit
TOTAL AMOUNT DUE
DATED: January 10, 2000
Damages assessed as above
this day of
435.00
25.50
00.00
$136,991.98
Respectfully submitted,
Comroe, Hing & Associates
David B. Comroe
Attorneys for Plaintiff
Pro Prothonotary
;?'- Comroe, Hing & Associates
By: David B. Comroe
Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
ContiMortgage Corporation IN THE COURT OF COMMON PLEAS
One ContiPark
338 South Warminster Road OF CUMBERLAND COUNTY
Hatboro, PA 19040-3430
CIVIL ACTION - LAW
Plaintiff
VS. ACTION OF MORTGAGE FORECLOSURE
James L. McNaney, 38 Bayberry ° Term
Drive, Mechanicsburg, PA 17055. No. 99-5715 Civil
and Debra E. McNaney, 38 ,
Bayberry Drive, Mechanicsburg,:
PA 17055
Defendant
Certification of Service
David B. Comroe, Esq., being duly sworn according to law
certifies that Notices of Intention to Take Judgment, as set
forth in PA R.C.P., 237.1, were mailed to Defendant(s) on
October 28, 1999. Attached hereto and made part hereof as
Exhibit "A" is a true and correct copy of said Notice.
David B. Comroe
Attorney for Plaintiff
Sworn to and subscribed before
me th/]'/$ 10th day of January, 2000.
^Av J
Notary Public
NOTARIAL SEAL
SUE FRUIT, Notary Public
Clry of PhilatlelpMa, PMIa. County
LM Comaisson Ex ues Jul 20, 2002
Comroe, Hing & Associates
By: David B. Comroe Identification No.:25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
215-568-0400
Attorneys for Plaintiff
ContiMortgage Corporation
Plaintiff
VS.
James L. McNaney and Debra E
McNaney
Defendants
TO:
James L. McNaney and Debra E.
McNaney
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
:ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-5715 CIVIL
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 Bar Association
2 Liberty Ave., Carlisle, PA
(717) 249-3166
AVISO I14PORTANTE
LISTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCON EXIGIDA
DE SU PARTE EN ESTE CASO. A MENDS DE QUE USTED ACTUE DENTRO DE
DIEZ DIAS DE LA PECHA DE ESTE AVISO. SE PUEDE REGISTRAR UNA SEN-
TENCIA CONTRA USTED. SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE
PERDER SU PROPIEQAD O OSTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO. DEBE
COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
OBTENER AYUDA LEGAL:
Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA
(717) 249-3166
DATE OF NOTICE/SERVICE: BY: a 'a on • e
October 28, 1999 Davy. B. Comroe
TIRS IS A FROCESS'PHE PURL'OSE OF
WHICH IS TO COLLECT A DEBT AND ANY
NMRMA77ON OBTARM FROM YOU OR
ANYONE 0AE WILL BE USED TO THAT END.
Comroe, Hing & Associates
By: David B. Comroe Identification No.:25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
215-568-0400
Attorneys for Plaintiff
ContiMortgage Corporation
Plaintiff
VS.
James L. McNaney and Debra E.
McNaney
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION
:ACTION OF MORTGAGE
- LAW
FORECLOSURE
TO: Term :
No. 99-5715 CIVIL
James L. McNaney and Debra E.
McNaney
IMPORTANT NOTICE
YOU ARE IN--DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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 Bar Association
2 Liberty Ave., Carlisle, PA
(717) 249-3166
AVISO IMPORTANTE
USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA
DE SU PARTE EN ESTE CASO. A MENOS DE QUE LISTED ACTUE DENTRO DE
DIE2 DIAS DE LA PECHA DE ESTE AVISO. SE PUEDE REGISTRAR UNA SEN-
TENCIA CONTRA USTED. SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE
PERDER SU PROPIEQAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO. DEBE
COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE
OBTENER AYUDA LEGAL:
Cumberland County Bar Association
2 Liberty Ave., Carlisle, PA
(717) 249-3166
DATE OF NOTICE/SERVICE: BY: 1Jaaa1 n,
October 28, 1Q f, .xL,?. David B. Comroe
WHICH IS TO COLLECT A DEBT JAND ANY
INFORMATION OBTAIM FROM YOU OR
ANyQ1VEBL9B WILL BE USED TOTHATEED,
? 1?
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Comroe, Hing & Associates
By: David B. Comroe
Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
VS.
James L. McNaney, 38 Bayberry
Drive, Mechanicsburg, PA 17055:
and Debra E. McNaney, 38
Bayberry Drive, Mechanicsburg,:
PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-5715 Civil
CERTIFICATION .......................
David B. Comroe, Esq., Attorney for Plaintiff in the above
captioned matter, hereby certifies that the provisions of the
Emergency Mortgage Relief Act, P.L. 1688 No. 621, as amended,
December 23, 1983 have been met.
David B. Comroe
Attorney for Plaintiff
Sworn to and subscribed before
me this 10th day of January, 2000.
Notary Public
I?
PuW;c
a. Countyl
20, 2002
2mz
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05715 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONTIMORTGAGE CORPORATION
VS.
MCNANEY JAMES L
ROBERT FINK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon MCNANEY JAMES L the
defendant, at 15:40 HOURS, on the 27th day of September
1999 at 38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
a County, Pennsylvania, by handing to DEBRA E. MCNANNEY
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
1 and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
00,
Service 6.20
2
yr.-- Affidavit .00
Surcharge 8.00 IZ-+lffcSPPfaB?CI13f8 Yf€PiZ.L
3Z-ZII-OC007R9$i9HHIING, & ASSOCIATES l
s:. 2 /b
by
LjepuF-y Sn i
Sworn and subscribed to before me
this day of
19 A.D.
r . :.
CASE NO: 1999-05715 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONTIMORTGAGE CORPORATION
VS.
MCNANEY JAMES L
ROBERT FINK Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to. law, says, the within COMPLAINT - MORT FORE was served
upon MCNANEY DEBRA E the
defendant, at 15:40 HOURS, on the 27th day of September
1999 at 38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to DEBRA E. MCNANNEY
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Affidavit 00
Surcharge 8.00 hh??RR $$
?09/29/i999NG & ASSOCIATES
by
Sworn and subscribed to before me
this day of
19 A.D.
- 99- s7is
NON-MILITARY AFFIDAVIT
STATE OF eA
COUNTY OF (Y?O1.1?(ap(y?? tL SS
?? RE: James L. McNaney and Debra E. McNaney
C?fW.t2??6i tYlp(,?rggj; , being first duly sworn on oath deposes and says:
1. That I am employed by the Plaintiff herein as service of the mortgage.
2. That the captioned individual(s) are the owners of the premises described in the
mortgage or deed of trust.
3. That the collection procedures of the Plaintiff are designed to discover facts
concerning the titleholder's occupations and military status.
4. That said procedures were followed in connection with the current delinquency.
5. That, on information and belief, that captioned title holders are not incompetent or
in any branch of the military service.
Sworn to and subscribed before me
this day of 19
¢? r bier
Comm a oner of Deeds
Commonwealth of Pennsylvania
My Commission Expires Mar. 03, 2004
Y
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Comroe, Hing & Associates
By: David B. Comroe
Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
VS.
James L. McNaney, 38 Bayberry
Drive, Mechanicsburg, PA
17055 and Debra E. McNaney,
38 Bayberry Drive,
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-5715 Civil
AFFIDAVIT PURSUANT TO RULE 3129.1
ContiMortgage Corporation, Plaintiff in the above action,
sets forth as of the date the praecipe for the Writ of
Execution was filed, the following information concerning the
real property located at 38 Bayberry Drive, Mechanicsburg, PA
17055:
1. Name and address of Owners or Reputed Owners:
James L. McNaney
38 Bayberry Drive
Mechanicsburg, PA 17055
Debra E. McNaney
38 Bayberry Drive
Mechanicsburg, PA 17055
ra
.
Y;
tf .
2. Name and address of Defendant in the judgment:
Date Service Code
James L. McNaney 1
38 Bayberry Drive
Mechanicsburg, PA 17055
Debra E. McNaney 1
38 Bayberry Drive
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the property to be sold:
Date Service Code
t' N/A
4. Name and address of the last recorded holder of every
mortgage of record:
Date Service Code
Commercial Credit Corporation 1??3?200 0 3
6250 Carlisle Pike, Suite 155
Mechanicburg, PA 17055
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest
may be affected by the sale:
Date Service Code
N/A
f
6. Name and address of every other person of whom the
plaintiff has knowledge who has any record interest in the
property which may be affected by the sale.
Date Service Code
Family Court, Domestic Relations II?? 0 3
One Courthouse Square
Carlisle, PA 17013
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.
N/A
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true
and correct to the best of my knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
??
DATED: 'ID'?fU V`-?
Plaintiff
¦'
.S. POSTAL SERVICE CERTIFICATE OF MAILING
AU1Y 0E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO'
PROVIDE FOR INSURANCE-POSTMASTER
RaoNwd From:
COMROE,1111SU A A55UU IN f t.
1700iMf?f??
OM Place of ordl,lary mail addnaaad to:
C:'
G
Commercial Credit Corporation,'
6250 Carlisle Pike, Suite 155
Mechanicsburg, PA 17055
Conti vs McNaney
t,wrvy" PS Form 3817, Mat 1989 . y '
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n
? a
r
POSTAL SERVICE ATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ,-`
PROVIDE FOR INSURANCE-POSTMASTER
'
RaoNvad From:
0.
7
?Y?YG,Yx?YIAiWy? ^
1
70DWIIw8INEET a ?zp?,o"'o i
tY103SlZF{ c ??` Via'` '
,r•
yy??
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1
x 1 Oft Pl p of ordinary mail addmind to: n _
C
14 -
Family Corut, Domestic Relations
One Courthouse Square % .
Carlisle, PA 17013 '
Conti vs McNaney ?' _L
PS Form 3817, Mar. 1989
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Comroe, Hing & Associates
By: David B. Comroe
Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
VS.
James L. McNaney, 38
Bayberry Drive,
Mechanicsburg, PA 17055 and
Debra E. McNaney, 38
Bayberry Drive,
Mechanicsburg, PA 17055
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-5715 Civil
AFFIDAVIT PURSUANT TO RULE 3129.2
AND RETURN 0 FSERVICE PURSUANT TO
PA R.C.P 405 OF NOTICE OF SALE
David B. Comroe, Esq., Attorney for Plaintiff, ContiMortgage 1
Corporation sets forth as of the date of the praecipe for the j
writ of execution was filed the following information
A
concerning the real property located at 38 Bayberry Drive,
Mechanicsburg, PA 17055 to be sold at Sheriff's Sale on June 7,
f
2000. As required by PA R.C.P. 3129.2 (a) Notice of Sale has
"A
been given in the manner required by PA R.C.P. 3129.2 (c) on
,y
each of the persons or parties named at the addresses set forth
below on the date and in the manner noted in the margin by the
names of each and copies of each notice together with return
w 1
receipts or proof of mailing are attached as Exhibits. The
manner of service, as noted in the margin, utilizes the
following codes:
1. Personal service by the Sheriff or in accordance with
Pennsylvania Rule of Civil Procedure 400.1
2.. Certified mail-return receipt attached
3. First Class Mail-Certificate 3817
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or
information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to
authorities.
Date: January 10, 2000
B. Comroe
Attorney for Plaintiff
}
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Comroe, Hing at Associates
By: David B. Comroe Identification No
1700 Market Street, Suite 1400 .: 25694
Philadelphia, PA 1910,7
(215)568-0400
Attorneys for Plaintiff
ConUMortgage Corporation
One ConUPark IN THE COURT OF COMMON PLEAS
338 South Warminster Road OF CUMBERLAND COUNTY
Hatboro, PA 19040-3430
CIVIL ACTION - LAW
Plaintiff
VS.
ACTION OF MORTGAGE FORECLOSURE
James L. McNaney Term
No. 99.5715 Civil
38 Bayberry Drive,
Mechantsburg, PA 17055
and
Debra E. McNaney
38 Bayberry Drive,
Mechantsburg, PA 17055
Defendants
................................................. ............
...................
...............................................................
..................
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra E. McNaney, James L. McNaney
Your property at 38 Bayberry Drive, Mechanicsburg, PA 17055 in Cumberland County,
Pennsylvania Is scheduled to be sold at Sheriff's Sale on June 7, 2000, at 10:00 AM, in the Office of the
Sheriff of CUMBERLA County, S. Hanover Street, Carlisle, PA 17013 to enforce the Court judgment of
$136,991.98 obtained by ContiMortgage Corporation against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take Immediate action:
1. The sale will be canceled If you pay to Comroe, Hing at Associates, attorneys for the Plaintiff,
the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must
pay call:
(215)568-0400
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was Improperly entered. You may also ask the Court to postpone the sale for
good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the greater chance
you will have of stopping the sale. (See notice below to find out how to obtain an attorney).
1. If the Sheriffs Sale Is not stopped, your property will be sold to the highest bidder. You may
find out the bid price by calling the Sheriff of Cumberland County at 717.240.6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out If this has happened, you may call the Sheriff of Cumberland County at 717.240.6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you willl remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due Is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be flied by the Sheriff within thirty (30) days of the Sale "s
date. This schedule will state who will be receiving the money. The money will be paid out In accordance
with this schedule unless exemptions (reasons why the proposed distribution is wrong) are flied with the
Sheriff within ten (10) days after.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
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 LISTED BELOW TO
FIND OUT WHERE YOU CAN GET HELP.
Court Administrator, Cumberland County Courthouse, Carlisle, PA 17013 - (717) 240.6200
Legal Services, Inc., 7 N. Hanover St., Carlisle, PA 17013 - (717) 243.9400
2
THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END.
3
DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision Plan; thence along same South 89
degrees 25 minutes 42 seconds West, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 214 and 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel #38-22-0144-164
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PRAECIPE FOR WRIT OF EXECUTION
COMMONWEALTH OF PENNSYLVANIA
County of CUMBERLAND
Comroe, Hing at Associates
By: David B. Comroe Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
Conti Mortgage Corporation
One ConUPark
338 South Warminster Road
Hatboro, PA 19040.3430
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
James L. McNaney Tenn
38 Bayberry Drive, No. 99.5715 Civil
Mechanisburg, PA 17055
and
Debra E. McNaney
38 Bayberry Drive,
Mechanisburg, PA 17055
Defendants
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue writ of Execution in the above matter.
PREMISES: 38 Bayberry Drive, Mechanicsburg, PA 17055
See Exhibit "A" attached
AMOUNT DUE $ 136,991.98
interestfrom 1/10/00
to 6/7/00@ 10.25x$ 5,693.60
David B. Comroe, Esquire
Attorney for Plaintiff
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision Plan; thence along same South 89
degrees 25 minutes 42 seconds West, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 214 and 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel #38-22-0144-164
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Contimortgage Corporation In the Court of Common Pleas of
Cumberland County, Pennsylvania
-vs No 1999-5715Civil
James L. McNaney and Debra E. McNaney
R. Thomas Kline, Sheriff, who being duly swom according to law says this writ, is returned Stayed.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Mileage
Certified Mail
Levy
Surcharge
Law Library
County
Postpone Sale
Law Journal
Patriot News
Share of Bills
Pr th notary 30.00
Swom and Subscribed To Before Me
This 6 t` Day o
2000, A.D. ?1a? e`
13.22
15.00
15.00
12.40
1.11 .
15.00
30.00
.50
1.00
20.00
321.20
174.78
24.80
$ 674.01 Pd By Atty
5131100
R. Thomas Kline, Sheriff
By
Real Estate Deputy
DSO r-12, .SL?2' '
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Comroe, Hing & Associates'
By: David,B. Comroe
Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
VS. ,
James L. McNaney!, 3,8 Bayberry
Drive, Mechanicsburg, PA
17055 and Debra E. McNaney,
38 Bayberry Drive,
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-5715 Civil
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
ContiMortgage Corporation, Plaintiff in the above action,
sets forth as of the date the praecipe for the Writ of
Execution was filed, the following information concerning the
real property located at 38 Bayberry Drive, Mechanicsburg, PA
17055:
1. Name and address of owners or Reputed Owners:
James L. McNaney
38 Bayberry Drive
Mechanicsburg, PA 17055
Debra E. McNaney
38 Bayberry Drive
Mechanicsburg, PA 17055
2. Name and address of Defendant in the judgment:
Date Service Code
James L. McNaney 1
38 Bayberry Drive
Mechanicsburg, PA 17055
Debra E. McNaney 1
38 Bayberry Drive
Mechanicsburg, PA 17055
3. Name and
whose judgmei
N/A
4. Name and
mortgage of
last known address of every judgment creditor
it is a record lien on the property to be sold:
. Date Service Code
address of the last recorded holder of every
record:
Date Service Code
Commercial Credit Corporation ?J13/2?o O 3
6250 Carlisle Pike, Suite 155 /
Mechanicburg, PA 17055
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest
may be affected by the sale:
Date Service Code
N/A
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6. Name and address of every other person of whom the
plaintiff has knowledge who has any record interest in the
property which may be affected by the sale.
Date Service Code
Family Court, Domestic Relations ?I?un1? 3
One Courthouse Square
Carlisle, PA 17013
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.
N/A
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true
and correct to the best of my knowledge or information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
DATED:
Plaintiff
PN IRwcI CERTIFICATE OF M
AILING
fMY !! USID FOR DOMESTIC AND INTONATIONAL MAIL
DOES
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PIIOVIO! 8011 INSURANCE-POSTMASTER
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ON Place of ortlirory mW MtlraPaW ro:
Commercial Credit Corporation
6250 Carlisle Pike, Suite 155
Mechanicsburg,, PA 17055
.•?..a ' ' 'Conti vs McNaney
PS Form 3817, Mar. 1989 F •t""'"N 'I r 3k"
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CERTIFICATE OF MAI tti
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MAY BE USED FO
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PROVIDE FOR TIC-ANO INTERNATIONAL MAIL, DOES NOT
INSUMNCE-POSTMASTER
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J?MNOf,MlNfs 8 ASSOCIAiF& 7 v
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70 WAV=EFf
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ON Place of ordon
ary Iron addMI M to: I
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amily Corut, Domestic Relations I
One Courthouse Square
Carlisle, PA 17013
Conti vs McNaney ? -r+?"'•r
• PS form 3817, Mar. 1989 '
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FEB 15
PL.'
Comroe, Hing a Associates
By: David B. Comroe Identification No.: 25694
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorneys for Plaintiff
CondMortgage Corporation
One CondPark
338 South Warminster Road
Hatboro, PA 19040.3430
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FOI
Tenn
James L. McNaney No. 99.5715 Civil
38 Bayberry Drive,
Mechanisburg, PA 17055
and
Debra E. McNaney
38 Bayberry Drive,
Mechanisburg, PA 17055
Defendants
.................................................. ............
...............................................................
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra E. McNaney, James L. McNaney
Your property at 38 Bayberry Drive, Mechanicsburg, PA 17055 in Cumberland County,
Pennsylvania Is scheduled to be sold at Sheriffs Sale on June 7, 2000, at 10:00 AM, In the Office of the
Sheriff of CUMBERLA County, S. Hanover Street, Carlisle, PA 17013 to enforce the Court judgment of
$136,991.98 obtained by CondMortgage Corporation against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled If you pay to Comroe, Hing 8t Associates, attorneys for the Plaintiff,
the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must
pay call:
(215)568-0400
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, If the judgment was Improperly entered. You may also ask the Court to postpone the sale for
good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the greater chance
you will have of stopping the sale. (See notice below to find out how to obtain an attorney).
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the bid price by calling the Sheriff of Cumberland County at 717.240.6390.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly Inadequate
compared to the value of your property.
3. The sale will go through only If the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call the Sheriff of Cumberland County at 717-240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will[ remain the owner of the
property as If the sale never happened.
5. You have a right to remain in the property until the full amount due Is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the Sale
date. This schedule will state who will be receiving the money. The money will be paid out In accordance
with this schedule unless exemptions (reasons why the proposed distribution Is wrong) are filed with the
Sheriff within ten (10) days after.
7. You may also have other rights and defenses, or ways of getting your house back, If you act
immediately after the sale.
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 LISTED BELOW TO
FIND OUT WHERE YOU CAN GET HELP.
Court Administrator, Cumberland County Courthouse, Carlisle, PA 17013 - (717) 240-6200
Legal Services, Inc., 7 N. Hanover St., Carlisle, PA 17013 - (717) 243.9400
....." ., ,..........,I-
THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT END.
3
.......-........N....--L? .....:.., a......
DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision Plan; thence along same South 89
degrees 25 minutes 42 seconds West, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 21,fand 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel #38-22-0144-164
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-5715 CIVIL 11K Term
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, Interest and costa due ContiMortgage Corporation
from James L. McNaney and Debra E. McNaney, 38 Bayberry Drive, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant(s) and to sell GPP Tagat Tlpgrriptn_
(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 defendan(s) or otherwise disposing
thereof;
(3) 11 property of the defendant(s) not levied upon an subject to attachment isfound inthe possession of anyone other
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amounl Due $1361-991.98
Interest from-T710/01 to 6/7/00 @ 10.25%
---45-r"3,60
Any's Comm _ %
Alty Paid $118.20
Plaintiff Pad_
L.L. $.50
Due Frothy $1.00
Other Costs
Dale: February 8, 2000 Curtis R. Long
Prothonotary, Civil Division I?
Deputy
REQUESTING PARTY:
Name David B. Comroe, Es
Address; Comme, Hing & Associates
1780 Market Street, StAte 1490
Philadelphia, PA 19103
Attorney for:Plainti f f
Telephone: 215-568-0400
Supreme Court ID No. 25694
REAL ESTATE SALE NO
On F-t? A 2,0'0" the sheriff levied upon the defendants
Interest in the real property situated in-l?
Cumberland County, Pa., known and numbered as:
??3c1L., rreV and more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
late:
00, I!d ni h [, 99]
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J:il.do
FHDSRIIAN AND PHELAN, LLP
SYt Prank Federman, Enquire
Suite 1400
One Penn Center at Suburban Station
Philadelphia, Pa 19103
(215) 563-7000
Conti Mortgage Company
500 Enterprise Road
Horsham, PA 19044
V.
Plaintiff
James L. McNanay and
Debra E. McNaney
38 Bayberry Drive
Mechanicsburg, PA 17055
Attorney for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
: NO. 99-5715 Civil
Defendant(s)
CERTIFICATION OF SERVICE
I hereby certify a true and correct copy of the foregoing Attorney's Entry of
Appearance was sent via first class mail, postage prepaid, to the following
on the date below:
James L. McNanay and
Debra E. McNaney
38 Bayberry Drive
Mechanicsburg, PA 17055
DATE : 5 o` Y O I
4?vt t1WW-11--
Frank Federman, Esquire
Attorney for Plaintiff
I.D. # 12248
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Comroe Hing LLP Identification No.: 25694
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation IN THE COURT OF COMMON PLEAS
One ContiPark
338 South Warminster Road OF CUMBERLAND COUNTY
Hatboro, PA 19040-3430
Plaintiff CIVIL ACTION - LAW
VS.
ACTION OF MORTGAGE FORECLOSURE
Debra E. McNaney
38 Bayberry Drive Term
Mechanicsburg, PA 17055 No. 99-5715 Civil
and
James L. McNaney
38 Bayberry Drive
Mechanicsburg, PA 17055
Defendants
WITHDRAWAL OF APPEARANCE
Kindly withdraw my appearance on behalf of Plaintiff,
ContiMortgage Corporation in reference to the ab9ve matter.
Date:-May 16, 20
COMROE HING LLP
1700 Market St., Ste.
Philadelphia, PA 19103
(215) 568-0400
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Plaintiff,
ContiMorttgage Corporation in reference o the abo a matter.
Date: 5-2 7 -OI
FfMr FeEXMgA i 6SQUIIE
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PRAECIPE FOR WRIT OF EXECUTION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Comroe Hing LLP Identification No.: 25694
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation IN THE COURT OF COMMON PLEAS
One ContiPark
338 South Warminster Road OF CUMBERLAND COUNTY
Hatboro, PA 19040-3430
CIVIL ACTION - LAW
Plaintiff
VS.
ACTION OF MORTGAGE FORECLOSURE
Debra E. McNaney
38 Bayberry Drive Term
Mechanisburg, PA 17055 No. 99-5715 Civil
James L. McNaney
38 Bayberry Drive
Mechanisburg, PA 17055
Defendants
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter:
PREMISES: 38 Bayberry Dr., Mechanicsburg, PA, 17055
See Exhibit "A" attached
(Costs to be added) AMOUNT DUE $136,991.98
Interest from 1/10/00 to 6/6/01 @ 10.25% $ 18, 4.07
Davi B. Comroe, Esquire
-71
Attorney for Plaintiff
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Comroe Hing LLP
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
VS.
Debra E. McNaney
38 Bayberry Drive
Mechanisburg, PA 17055
and
James L. McNaney
38 Bayberry Drive
Mechanisburg, PA 17055
Identification NO.: 25694
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 99-5715 Civil
Defendants
.................................. ........
... . . . .. . . . . . . . ....... . . . .. ... . . .. . . . .................. .. ......:t..........
..
AFFIDAVIT PURSUANT TO RULE 3129.1
ContiMortgage Corporation, Plaintiff in the above action, sets
forth as of the date the praecipe for the Writ of Execution was
filed, the following information concerning the real property
located at 38 Bayberry Dr., Mechanicsburg, PA, 17055:
1. Name and address of Owners or Reputed Owners:
James L. McNaney
38 Bayberry Drive
Mechanisburg PA 17055
Debra E. McNaney
38 Bayberry Drive
Mechanisburg PA 17055
2. Name and address of Defendants in the judgment:
F- I Date Service Code
1
Debra E. McNaney 1
38 Bayberry Drive
Mechanisburg PA 17055
James L. McNaney 1
38 Bayberry Drive
Mechanisburg PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
Date Se rvice Cod e
Name an address o the ast recorded hol der o every mor uaae
of recora:
Date Service Code
Commercial Credit Corporation 3
6520 Carlisle Pike
Suite 155
Mechanicsburg PA 17055
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Date Service Code
6. Name and address of every other person of whom the plaintiff has
knowledge who has any record interest in the property which may be
affected by the sale.
Date Service Code
2
Court of Common Pleas of 3
Cumberland County Family Court
Div.
One Courthouse Square
Carlisle PA 17013-3387
Child Support Enforcement Agency
PO Box 320 3
Carlisle PA 17013
Commonwealth of PA Dept. of
Welfare 3
PO Box 2675
Harrisburg PA 17105
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.
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED : 12/22/00
l?Gi"
Plaintiff
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Comroe Hing LLP Identification No.: 25694
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
V8.
ACTION OF MORTGAGE FORECLOSURE
Debra E. McNaney
38 Bayberry Drive Term
Mechanisburg, PA 17055 No. 99-5715 Civil
James L. McNaney
38 Bayberry Drive
Mechanisburg, PA 17055
Defendants
CERTIFICATION
David B. Comroe, Esq., Attorney for Plaintiff in the above
captioned matter, hereby certifies that the provisions of the
Emergency Mortgage Relief Act, P.L. 1688 No. 621, as amended,
December 23, 1983 have been met.
David B. Co squi3E?
Attorney for Plaintiff
Sworn to and subscribed before e
of Lr 2000.
this 4? da4ia
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Notary Public
WTAF4AL SEAL
7HEFE A A. KESEL Nary Pub%
Cly of PMbftplru Phlb. C=ft
Co d e E m 4 ! 20M
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Comroe Hing LLP Identification No.: 25694
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
Plaintiff
Vs. ACTION OF MORTGAGE FORECLOSURE
Debra E. McNaney Term
38 Bayberry Drive No. 99-5715 Civil
Mechanisburg, PA 17055
James L. McNaney
38 Bayberry Drive
Mechanisburg, PA 17055
Defendants
.............................................. :.............
AFFIDAVIT PURSUANT TO RULE 3129.2
AND RETURN OF SERVICE PURSUANT TO
PA R.C.P. 405 OF NOTICE OF SALE
David B. Comroe, Esq., Attorney for Plaintiff, ContiMortgage
Corporation sets forth as of the date of the praecipe for the writ
of execution was filed the following information concerning the
real property located at 38 Bayberry Dr., Mechanicsburg, PA, 17055
to be sold at Sheriff's Sale on June 6, 2001. As required by PA
R.C.P. 3129.2 (a) Notice of Sale has been given in the manner
required by PA R.C.P. 3129.2 (c) on each of the persons or parties
named at the addresses set forth below on the date and in the
manner noted in the margin by the names of each and copies of each
4
notice together with return receipts or proof of mailing are
attached as Exhibits. The manner of service, as noted in the
margin, utilizes the following codes:
1. Personal Service by the Sheriff or in accordance with
Pennsylvania Rule of Civil Procedure 400.1.
2. Certified mail-return receipt attached
3. First Class Mail-Certificate 3817
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: December 22, 2000
Davi omroe
Attorney for Plaintiff
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Comroe Hing LLP Identification No.: 25694
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
CIVIL ACTION - LAW
VS.
Debra E. McNaney ACTION OF MORTGAGE FORECLOSURE
38 Bayberry Drive Term
Mechanisburg, PA 17055 No. 99-5715 Civil
James L. McNaney
38 Bayberry Drive
Mechanisburg, PA 17055
Defendants
........................ :.........
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Debra E. McNaney, James L. McNaney
Your property at 38 Bayberry Dr., Mechanicsburg, PA, 17055 in
CUMBERLAND County, Pennsylvania is scheduled to be sold at
Sheriff's Sale on June 6, 2001, at 10:00 AM, in CUMBERLAND County
to enforce the Court Judgment of $136,991.98 as of January 10, 2000
plus interest to date of sale of $18,504.07 obtained by
ContiMortgage Corporation against you.
t
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS HERTFF' SATE
To prevent this Sheriff's sale you must take immediate action:
1. The sale will be canceled if you pay to Comroe Hing LLP,
attorneys for the Plaintiff, the back payments, late charges, costs
and reasonable attorney's fees due. To find out how much you must
pay call:
(215)568-0400
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the judgment
was improperly entered. You may also ask the Court to postpone the
sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the greater chance you will have of stopping the sale.
(See notice below to find out how to obtain an attorney).
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the bid price by
calling the Sheriff of Cumberland County at 717-240-6390.
2. You may be able to petition the Court to set aside the sale
if the bid price was grossly inadequate compared to the value of
your property.
3. The sale will go through only if the buyer pays the Sheriff
the full amount due in the sale. To find out if this has happened,
you may call the Sheriff of Cumberland County at 717-240-6390.
4. If the amount due from the Buyer is not paid to the
Sheriff, you will remain the owner of the property as if the sale
never happened.
5. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a deed to
the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid
for your house. A schedule of distribution of the money bid for
your house will be filed by the Sheriff within thirty (30) days of
2
the Sale date. This schedule will state who will be receiving the
money. The money will be paid out in accordance with this schedule
unless exemptions (reasons why the proposed distribution is wrong)
are filed with the Sheriff within ten (10) days after.
7. You may also have other rights and defenses, or ways of
getting your house back, if you act immediately after the sale.
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
LISTED BELOW TO FIND OUT WHERE YOU CAN GET HELP.
Legal Services, Inc
7 N. Hanover St. Carlisle, PA 17013 or Court Adminsitrator,
Cumberland County Courthouse Carlisle, PA 17013
717-240-6200 or 717-243-9400
THIS IS A PROCESS THE PURPOSE OF WHICH IS TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED FROM YOU OR ANYONE ELSE WILL BE USED TO THAT
END.
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DAVID B. COMBOS
GLENN F. HIND
ROBERTL WILSON
Commercial Credit
6520 Carlisle Pike
Suite 155
LAW OFFICES
COMROE HING LLP
SUITE 1400
1700 MARKET STREET
PHILADELPHIA PA 19103.3914
((215)) 768-0400
FAX NUMBER(213)568-5560
Corporation
Mechanicsburg PA 17055
December 22, 2000
RE: ContiMortgage Corporation vs Debra E. McNaney, James L.
McNaney
Docket No.: Term, 99-5715 Civil
Property Address: 38 Bayberry Dr., Mechanicsburg, PA, 17055
NOTICE OF SALE OF REAL PROPERTY
Dear Sir/Madam:
Please be advised that the property and improvements, if any,
as set forth above, will be sold by the Sheriff of CUMBERLAND
County, in the Cumberland County Court House, One Courthouse
Square, Carlisle, PA 17013 on June 6, 2001, at 10:00 AM.
This property and improvements, if any, is being sold pursuant
to a Judgment entered in favor of Plaintiff and against Defendants
in the Court of Common Pleas of CUMBERLAND County.
The name of the owners, real owners and reputed owners of the
aforesaid property is as set forth as the Defendants above. It has
come to our attention that you might be a creditor to the
Defendants named herein. Sheriff's Sale of the mortgaged property
could adversely affect your interest if you are, in fact, a junior
creditor herein.
A Schedule of Distribution will be filed by the sheriff on a
date specified by the Sheriff no later than thirty (30) days after
said sale, and a distribution will be made in accordance with the
schedule unless exceptions are filed thereto within ten (10) days
after the date said schedule. You should check with the Sheriff's
office by calling 717-240-6390 to determine the actual date of the
filing of the said schedule.
V truly yours,
DaVid- .4 O=Mroe, Esquire
DBC/dc
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MAY BE
USED FOq DOMESTIC AND INTERN Affix
PROVIDE FOR INSURANCE- ma f
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SALE DATE: June 6.2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Contimortgage Corporation
One Conti Park No.: 99-5715 Civil
338 South Warminster Road
Hatboro, PA 19040-3430
VS.
Debra E. McNaney
James L. McNaney
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
38 Bayberry Drive. Mechanicsburg. PA 17055 .
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner
required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth
on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date
indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached
for each notice.
I" 9L
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
June 5, 2001
Comroe Hing LLP Identification No.: 25694
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation
One Conti Park
338 South Warminster Road
Hatboro, PA 19040-3430
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
Plaintiff
VS.
ACTION OF MORTGAGE FORECLOSURE
Debra E. McNaney Term
38 Bayberry Drive
Mechanisburg
PA 17055 No. 99-5715 C1?11 r,
,
James L. McNaney
38 Bayberry Drive z. --°
Mechanisburg, PA 17055 ?l m
Defendants Sc?
AFFIDAVIT PURSUANT TO RULE 3129.2
AND RETURN OF SERVICE PURSUANT TO
PA R C P 405 OF NOTICE OF ALE
David B. Comroe, Esq., Attorney for Plaintiff, ContiMortgage
Corporation sets forth as of the date of the praecipe for the writ
of execution was filed the following information concerning the
real property located at 38 Bayberry Dr., Mechanicsburg, PA, 17055
to be sold at Sheriff's Sale on June 6, 2001. As required by PA
R.C.P. 3129.2 (a) Notice of Sale has been given in the manner
required by PA R.C.P. 3129.2 (c) on each of the persons or parties
named at the addresses set forth below on the date and in the
manner noted in the margin by the names of each and copies of each
4
notice together with return receipts or proof of mailing are
attached as Exhibits. The manner of service, as noted in the
margin, utilizes the following codes:
1. Personal Service by the Sheriff or in accordance with
Pennsylvania Rule of Civil Procedure 400.1.
2. Certified mail-return receipt attached
3. First Class Mail-Certificate 3817
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: December 22, 2000
Davi Comroe
Attorney for Plaintiff
5
Comroe Hing LLP
By: David B. Comroe
1700 Market Street, Suite 1400
Philadelphia, PA 19103
(215)568-0400
Attorney for Plaintiff
ContiMortgage Corporation
One ContiPark
338 South Warminster Road
Hatboro, PA 19040-3430
Plaintiff
Identification No.: 25694
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
VS.
Debra E. McNaney ACTION OF MORTGAGE FORECLOSURE
38 Bayberry Drive Term
Mechanisburg, PA 17055 No. 99-5715 Civil
and Ape
James L. McNaney
38 Bayberry Drive
Mechanisburg, PA 17055
Defendants
................................................ ..........
AFFI AVIT P S ANT TO RULE 3129.1
ContiMortgage Corporation, Plaintiff in the above
forth as of th action, sets
e date the praecipe for the Writ of
filed, the following informati Execution was
on concerning the real prop
located at 38 Bayberry Dr., Mechanicsburg, PA, 17055; erty
1. Name and address of Owners or Reputed Owners:
James L. McNaney
38 zcx
-
Bayberry Drive
Mechanisburg PA 17055 i,
Debra E. McNaney ^
38 Bayberry Drive
Mechanisburg PA 17055
fJ
2. Name and address of Defendants in the judgment:
:a
Date_ Service Code
1
Debra E. McNaney 7 1
38 Bayberry Drive
Mechanisburg PA 17055
James L. McNaney 1
38 Bayberry Drive
Mechanisburg PA 17055
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the property to be sold:
Date Service code
Name an a ress o e last record e o er o every mor gage
1 4=l W&LL•
Date Service Code
Commercial Credit Corporation 3
6520 Carlisle Pike
Suite 155
Mechanicsburg PA 17055
5. Name and address of every other person who has any record
interest in or record lien on the property and whose interest may
be affected by the sale:
Date Service Code
6. Name and address of every other person of whom the plaintiff has
knowledge who has any record interest in the property which may be
affected by the sale.
Date Service Code
2
Court of Common Pleas of 3
Cumberland County Family Court
Div.
One Courthouse Square
Carlisle PA 17013-3387
Child Support Enforcement Agency I I3
PO Box 320
Carlisle PA 17013
Commonwealth of PA Dept. of I I3
Welfare
PO Box 2675
Harrisburg PA 17105
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.
(attach separate sheet if more space is needed)
I verify that the statements made in this affidavit are true
and correct to the best of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATED: 12/22/00 ?i:?2 L Nl
Plaintiff C
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CONTIMORTGAGE CORPORATION
Plaintiff,
V.
JAMES L. MCNANEY
DEBRA E. MCNANEY
Defendant(s).
No. 99-5715 CIVIL
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 2/9/00 to 3/5/03
(per diem -$22.52)
TOTAL
$136,991.98
$25,875.48 and Costs
$162,867.46
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
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IN DESC_`N
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision plan; thence along same South 89
degrees 25 minutes 42 seconds West, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 214 and 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel #38-22-0144-164
PREMISES BEING KNOWN AS 38 BAYBERRY DRIVE, MECHANICSBURG, PA 17055
TITLE TO SAID PREMISES IS VESTED IN James L. McNaney and Debra E. McNaney, his
wife by Deed from Randall W. Smith and Christine E. Smith, his wife dated 5/24/96 recorded
5/24/96 in Deed Book 139 Page 1131.
UNITED STATES BANKRUPTCY COURT FOR ACS
THE MIDDLE DISTRICT OF PENNSYLVANIA )$JZZ
IN RE:
James L. McNaney Bk. No. 101-03194 ,IJT
Debra E. McNaney
Debtors Chapter No. 13
Contimortgage Corporation
.Movant
v. I I Harrsburg, PA
James L. McNaney ; ?_ = T"- _ A.M. • P.M.
Debra E. McNaney
and i'.'v6 1 5 2002
Charles J. DeHart, M, Esquire (Trustee) C e: , U.S. 'ankruptcy Court
Respondents Per o Cie*
O774tf,--,? AND NOW, this day of , 2002, upon
consideration of the Motion for Relief and Motion for Default of Movant, Contimortgage
Corporation, it is hereby
ORDERED that the Order for Relief be entered by default with respect to premises at 38
Bayberry Drive, Mechanicsburg, PA 17055, to allow the Movant to foreclose on its mortgage,
which mortgage was recorded in Cumberland County, in Mortgage Book 959, Page 1068, and
allow the purchase of said premises at Sheriffs sale (or purchaser's assignee) to take any legal
action for enforcement of its right to possession of said premises.
By the Court:
/s/ John J. Tho.-.w
John J. Thomas, Bankruptcy Jude
cc: Judith T. Romano, Esquire James L. McNaney
One Penn Center at Suburban Station Debra E. McNaney
1617 John F. Kennedy Blvd., Suite 1400 38 Bayberry Drive
Philadelphia, PA 19103-1814 Mechanicsburg, PA 17050
R. Mark Thomas. Esquire Charles J. DeHan, III, Esquire (Trustee)
101 South Market Street P.O. Box 410
Harrisburg, PA 17101 Hummelstown. PA 17036•
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CONTIMORTGAGE CORPORATION
Plaintiff,
V.
JAMES L. MCNANEY
DEBRA E. MCNANEY
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 99-5715 CIVIL
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
Q an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
n 14
FRANK FED RMAN, ESQUIkE
Attorney for Plaintiff
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CON%MORTGAGE CORPORATION
Plaintiff,
V.
JAMES L. MCNANEY
DEBRA E. MCNANEY
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 99-5715 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. l)
CONTIMORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at ,38 BAYBERRY DRIVE
MECHANI_CSBURG, PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name
JAMES L. MCNANEY
DEBRA E. MCNANEY
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last (mown address of everyjudgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
T
4. Name and address of last recorded hold er of every mortgage of record:
Name Last Known Address (if address cannot be
COMMERCIAL CREDIT reasonably ascertained, please indicate)
CORPORATION 6520 CARLISLE PIKE, SUITE 155
MECHANICSBURG, PA 17055
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Tenant/Occupant
Domestic Relations of Cumberland County
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the ,
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
September 30, 2002
DATE FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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CONTIMORTGAGE CORPORATION
Plaintiff,
V.
JAMES L. MCNANEY
DEBRA E. MCNANEY
Defendant(s).
CUMBERLAND COUNTY
No. 99-5715 CIVIL
September 30, 2002
TO: JAMES L. MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
DEBRA E. MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NUT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY.
Your house (real estate) at . 38 BAYBERRY DRIVE. MECHANICSBURG PA 17055 is
scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $136,991.98 obtained by
CONTIMORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is
continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (2151563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
.r
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
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 LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
r
DESC-LION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision Plan; thence along same South 89
degrees 25 minutes 42 seconds West, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 214 and 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel //38-22-0144-164
PREMISES BEING KNOWN AS 38 BAYBERRY DRIVE, MECBANICSBDRG, PA 17055
TITLE TO SAID PREMISES IS VESTED IN James L. McNaney and Debra E. McNaney, his
wife by Deed from Randall W. Smith and Christine E. Smith, his wife dated 5/24/96 recorded
5/24/96 in Deed Book 139 Page 1131.
a
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 99-5715 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CONTIMORTGAGE CORPORATION, Plaintiff (s)
From JAMES L. MCNANEY AND DEBRA E. MCNANEY, 38 BAYBERRY DRIVE,
MECHANICSBURG, PA 17055
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $136,991.98 L.L.
Interest FROM 2/9/00 TO 3/5/03 (PER DIEM - $22.52) - $25,875.48 AND COSTS
Atty's Comm % Due Prothy 51.00
Any Paid $1550.56 Other Costs
Plaintiff Paid
Date: OCTOBER 1, 2002
CURTIS R. LONG
Prothonot C
(Seal) ?@y?n
Deputy REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
-A AFFIDAVIT OF SERVICE
PLAINTIFF CONTIMORTGAGE CORPORATION
DEFENDANT(S) JAMES L. MCNANEY
DEBRA E. MCNANEY
SERVE DEBRA E. MCNANEY AT
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
Served and made known to 1
at (C)r ",b o'clockR.m., at
CUMBERLAND COUNTY
KMD
No. 99-5715 CIVIL
ACCT. #2072128222
Type of Action
- Notice of Sheriffs Sale
Sale Date: 3/5/03
SERVED IIG
Defendant, on the l `- day of, 200!?,?
Commonwealth
of Pennsylvania, in the manner described below: Q
-%pefendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
,O,ther:
iapp(Ok ??, ?•
Description: Age 3 Height)6 Weight Race Sex Other *103"
1, Q a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy o the otice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
before e this 7 day
of C 200
Notary: By:
PLEASE A EMP?F?i1 T 3 MES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
QW W fto,0jTbedand County
14CammmEowi*23.2008 OT SERVED
.PpryttrMaaAWOOMmOINATW
?? the tiay of 200_, at o'clock _.m., Defendant NOT FOUND because:
Moy.d - Unknown- No Answer
"I": AC.empt:, / / Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this _ day
of , 200
Notary: By:
Vacant
2nd Attempt: ---L _/Time:
Attorney for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
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AFFIDAVIT OF SERVICE
PLrAINTiFF
DEFENDANT(S)
CONTIMORTGAGE CORPORATION
JAMES L. MCNANEY
DEBRA E. MCNANEY
SERVE JAMES L. MCNANEY AT
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
Served and made known toy
at LQ• 4& o'clock2m.,
of Pennsylvania, in the manner described below:
SERVED
CUMBERLAND COUNTY
KMD
No. 99-5715 CIVIL
ACCT. #2072128222
Type of Action
- Notice of Sherlff's Sale
Sale Date: 3/5/03
on the ? q day of l Wal , 200x.
Commonwealth
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is lA7 f
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Age Height ?& Wei ht Race Sex Other V
I, ICti F a competent adult, being duly swom according to law, depose and state that I personally handed
a true and correct copy of the of a of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subsc20ri0
before this ? day
of ?ttt?ir r8y: IL.
Notary:
PLEASE A EMPT SERiVdi6WEAK LEAST 3' IMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
Lhdad. Jugw, Notary Psbac
??8amand NOT SERVED
INgConeYee M l-:gthaa M 23.2008
J On the _ oay o 'ft'"'6~'0d°t01p at o'clock _.m., Defendant NOT FOUND because:
Moved _ Unknown -No Answer
I" Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this _ day
of. 200
Notary: By:
Vacant
2nd Attempt: Time:
Attorney for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
RE: CONTIMORTGAGE CORPORATION ) CIVIL ACTION
}
VS.
JAMES L. MC NANEY ) CIVIL DIVISION
DEBRA E. MC NANEY ) NO. 99-5715
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for CONTIMORTGAGE
CORPORATION hereby verify that on 9130/02 & 12/6102 true and correct copies
of the Notice of Sheriffs sale were served by certificate of mailing to the recorded
lienholders, and any known interested party see Exhibit "A" attached hereto.
Notice of Sale was sent to the Defendant(s) on 9/30102 by certified mail return
receipt requested see Exhibit "B" attached hereto.
DATE: January 30, 2003
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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1 7160 3901 9844 0121 8183
TO: JAMES L. MCNANEY
I 38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
SENDER: KMD TEAM 3
REFERENCE: SALES
RETURN Postage
RECEIPT Certified Fes
SERVICE
I Rehm Recelpt Fee
Restricted OeINe
Total Postage 8 Fees
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US Postal service
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I 00 Not Use for International Mae
7160 3901 9844 0121 8176
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TO: DEBRA E. MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
SENDER: KMD
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REFERENCE: SALES mot,
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PS Farm 3800 June 2000
i RETURN Postage _
RECEIPT Certified Fee
SERVICE
US Postal Service ,'.,osTMP
Receipt for ;t
Certified Mail
No Insurance Coverage Provided
Da Not Not Use Uae for International Mail
DATE
FEDERMAN AND PHELAN, L.L.P.
BY: FRANK FEDERMAN, ESQUIRE
ATTORNEY I.D. NO. 12248
ONE PENN CENTER AT SUBURBAN
STATION, SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CONTIMORTGAGE CORPORATION
V.
JAMES L. MCNANEY
DEBRA E. MCNANEY
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO: 99.5715 CIVIL
PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF
TO THE PROTHONOTARY:
Please mark thejudgment in the amount of $136,991.98 in the above captioned
matter to the use of MANUFACTURERS & TRADERS TRUST COMPANY, ONE
M&T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATIO14
SERIES 1998-3, AGREEMENT DATED 9-01-98,338 SOUTH WARMINSTER
ROAD, HATBORO, PA 19040-3430.
jPtLLA?NFKAED AN, ES QUIRE
for PI intiff
DATE: March 4. 2003
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of MANUFACTURERS & TRADERS
TRUST COMPANY, ONE M&T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE
FOR SECURITIZATION SERIES 1998-3, AGREEMENT DATED 9-01-98,338
SOUTH WARMINSTER ROAD, HATBORO, PA 19040-3430. ""
F FED RMAN, ESQUIRE
Attorney for Plaintiff
DATE: March 4. 2003
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Manufactures & Traders Tr Co Tr for ecuritization eriews 1998 3 tr is the
grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by
virtue of a writ Execution issued on the 1st day of Oct, A.D., 2002, out of the Court of Common pleas of
said County as of Civil Term, 1999 Number 5715, at the suit of Contimtg Corp against James L
McNanev & Debra E is duly recorded in Sheriffs Deed Book No. 260, Page 174.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this c? / day of
. A.D. 2003 (-
Contimortgage Corporation In The Court of Common Pleas of
VS Cumberland County, Pennsylvania
James L. McNaney and Writ No. 1999-5715 Civil Term
Debra E. McNaney
Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that
on October 28, 2002 at 10:25 o'clock AM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: James L. McNaney, by making known unto Debra McNaney, wife of
defendant, at 38 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said true and correct copy of
the same.
Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that
on October 28, 2002 at 10:25 o'clock AM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Debra E. McNaney, by making known unto Debra E. McNaney
personally, at 38 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said true and correct copy of
the same.
Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states
that on January 06, 2003 at 4:26 o'clock P.M., she posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of James L. McNaney and Debra E. McNaney located at 38 Bayberry Drive,
Mechanicsburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: James L. McNaney by regular mail to his last known address
of 38 Bayberry Drive, Mechanicsburg, PA 17055. This letter was mailed under the date
of January 13, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to one of the within
named defendants, to wit: Debra E. McNaney by regular mail to her last known address
of 38 Bayberry Drive, Mechanicsburg, PA 17055. This letter was mailed under the date
of January 13, 2003 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Frank Federman for Manufacturers & Traders Trust Company,
One M&T Plaza, Buffalo, NY 14203-2399, Trustee for Securitization Series 1998-3,
Agreement Dated 9/1/98. It being the highest bid and best price received for the same,
Manufacturers & Traders Trust Company, One M&T Plaza, Buffalo, NY 14203-2399,
Trustee for Securitization Series 1998-3, Agreement Dated 9/1/98 of 338 S. Warminster
Road, Hatboro, PA 19044, being the buyer in this execution, paid to Sheriff R. Thomas
Kline the sum of $902.88.
Sheriffs Costs:
Docketing $30.00
Poundage 17,70
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Certified Mail 4.65
Prothonotary 1.00
Mileage 13.80
Levy 15.00
Surcharge 30.00
Law Journal 339.80
Patriot News 291.22
Share of Bills 25.21
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 902.88
Swom and subscribed to before me ??
IO ?
This -11 " day of O tZL} ,
R. Thomas Kline, Sheriff
2003, A.D. 7
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Real Estate/ eputy
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CONTIMORTGAGE CORPORATION
Plaintiff,
V.
JAMES L. MCNANEY
DEBRA E. MCNANEY
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 99-5715 CIVIL
AFFIDAVIT P UANT TO RULE 3129
(A °t No, I)
CONTIMORTGAGE CORPORATION Plairt,, ?e above action, by its attorney, FRANK
FEDERMAN, ESQUIRE, sets forth as of the date'tfie'ra i dfgr t?tZ.Writ of Execution was filed the
following information concerning the real property locatr 8 BAYBERRY DRIVE,
'r
MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s):
1. Name and address of Owner(s) or reputed Owner(s):
Name
JAMES L. MCNANEY
DEBRA E. MCNANEY
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
COMMERCIAL CREDIT 6520 CARLISLE PIKE, SUITE 155
CORPORATION MECHANICSBURG, PA 17055
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
TenauttOccupant
Domestic Relations of Cumberland County
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
September 30, 2002
DATE
1 2?1v o 1
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
CONTIMORTGAGE CORPORATION
Plaintiff,
V.
JAMES L. MCNANEY
DEBRA E. MCNANEY
Defendant(s).
CUMBERLAND COUNTY
No. 99-5715 CIVIL
September 30, 2002
TO: JAMES L. MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
DEBRA E. MCNANEY
38 BAYBERRY DRIVE
MECHANICSBURG, PA 17055
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY"
Your house (real estate) at, 38 BAYBERRY DRIVE, MECHANICSBURG, PA 17055, is
scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthor
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $136,991.98 obtained by
CONTIMORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is
continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the.
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed. s
7. You may also have other rights and defenses, or ways of getting your home back, if you act n
immediately after the sale. _+.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTS,
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
ALL THAT CERTAIN tract or parcel 'of land and premises, situate, lying and being in the
Township of Silver Spring, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the right of way line of Bayberry Drive at the dividing line between Lots
No. 215 and 214 as shown on the aforementioned Subdivision Plan; thence along same South 89
degrees 25 minutes 42 seconds West, a distance of 137.00 feet to a point at the dividing line
between Lots No. 214, 215, and 52 of Mulberry Crossing, Section One; thence along the dividing
line between Lots No. 214 and 52, North 5 degrees 59 minutes 42 seconds West, a distance of
58.98 feet to a point at the dividing line between Lots No. 214, 52 and 213; thence along the
dividing line between Lots No. 214 and 213, North 78 degrees 34 minutes 54 seconds East, a
distance of 137.00 feet to a point on the right of way line of Bayberry Drive; thence along the right
of way line Berry Drive by a curve to the right having a radius of 449.00 feet, an arc distance of
85.00 feet with a chord bearing South 01 degrees 04 minutes 33 seconds West, a chord distance of
445.21 feet to a point and place of Beginning.
BEING Lot No. 214 on the aforementioned Final Subdivision Plan for Mulberry Crossing, Section
Three, Wynnewood West Development Company and containing 9,923 sq. ft., more or less, as
prepared by Gannett Fleming Civil Engineers, Inc., and recorded in the Recorder of Deeds Office
of Cumberland County, Pennsylvania, in Plan Book 49, Page 111.
Tax Parcel #38-22-0144-164
PREKISES BEING KNOWN AS 38 BAYBERRY DRIVE, MECHANICSBURG, PA 17055
TITLE TO SAID PREMISES IS VESTED IN James L. McNaney and Debra E. McNaney, his
wife by Deed from Randall W. Smith and Christine E. Smith, his wife dated 5/24/96 recorded
5/24/96 in Deed Book 139 Page 1131.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)'
COUNTY OF CUMBERLAND)
NO 99-5715 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CONTIMORTGAGE CORPORATION, Plaintiff (a)
From JAMES L. MCNANEY AND DEBRA E. MCNANEY, 38 BAYBERRY DRIVE,
MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $136,991.98 L.L.
Interest FROM 2/9/00 TO 3/5/03 (PER DIEM - $22.52) - $25,875.48 AND COSTS
Arty's Comm % Due Prothy $1.00
Arty Paid $1550.56 Other Costs
Plaintiff Paid
Date: OCTOBER 1, 2002
CURTIS R. LONG
Prothono/tai/y
(Seal)
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
s
/r+ ?4
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
Real Estate Sale # 8
On October 24, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA
]mown and numbered as 33 Bayberry Drive,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: October 24, 2002 By: p?c S
Real Estate Deputy
c?
f?
r
N
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Ad No. 587, Approved May 18,1829
Commonwealth of Pennsylvania, County of Dauphin) as
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 Patdot-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 Patdot-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 January and the 4th and
11th day(s) of February 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. 1
PUBLICATION ..............?.. i fem..../.?..`...?. ........
COPY Sworn to ands cr e befor this of F ry 2003 A.D.
sat E rs Notarial Set f Al Dh . O
NOTARY PUBLIC
My commission explres June 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 $ 289.47
Probating same Notary Fee(s) $ 1.75
Total $ 291,22
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
on dw By ....................................................................
?m
o m
I South
Kftw
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a ROd
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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 swom, 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,
Afffant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL NOTATE SALE NO. 9
Writ No. 1999-5715 Civil
Contimortgage Corporation
va.
James L. McNaney and
Debra E. McNaney
Ally.: Frank Federman
DESCRIPTION
ALL THAT CERTAIN tract or par-
cel of land and premises, situate,
lying and being in the Township of
Silver Spring, in the County of Cum-
berland and Conunonweallh of Penn-
sylvania. more particularly described
as follows:
BEGINNING at a point on the
right of way line of Bayberry Drive
/ Lisa Marie Coyn ditor
SWORN TO AND SUBSCRIBED before me this
14 day of FEBRUARY. 2003
LOIS E.:"ri r!:-ci' f !!C
My Corer s n i :i: rca t'.arch 5, ^4005
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,
Affrant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL WrArs 8AL8 NO. 8
Lisa Marie CoynS ditor
Writ No. 1999-5715 Civil
conumortgage Corporation SWORN TO AND SUBSCRIBED before me this
vs.
James L. McNaney and 14 day of FEBRUARY. 2003
Debra E. McNaney
Atty.: Frank Federman
DESCRIPTION
ALL THAT CERTAIN tractor Par-
icel of land and premises, situate.
')110i1ky, ?'?--
lying and being in the Township of ?• P: vT?.r. +
Silver Spring. In the County of Cum- LOIS E.8 tY?
berland and Commonwealth of Penn- Ctt1bil 807), cr:.ed Cuurly
syhW" more particularly described My Corm&M -, l Eq:.w klimh 5, 2005
as follows:
BEGINNING at a point on the
right of way line of Bayberry Drive
i at the dividing line between Lots No.
215 and 214 as shown on the afore-
mentioned Subdivision Plan: thence
along same South 89 degrees 25
minutes 42 seconds West, n dis-
tance of 137.00 feet to a point at the -
dividing line between Lots No. 214.
215, and 52 of mulberry Crossing.
Section One; thence along the di-
viding tine between tots No. 214
and 52, North 5 degrees 59 min-
utes 42 seconds West, a distance
_ of 58.98 feet to a point at the divid-
'-_- Ing line between Lots No. 214. 52
and 213; thence along the dividing - - -° - •--
Ikta between Lots No. 214 and 213,
art `degrocs 34 minutes 54
seconds East, a distance of 137.00
feet to a point on the right of way
line of Bayberry Drive: thence Berry Drive by
the ergot of way line Berry radius
a curve to the tight having a
of 449.00 feet, an are distance of
85.00 feet with a chord bearing
South 01 degrees 04 minutes 33
seconds West, a chord distance of
445,21 feet to a point and pn
'Beginning.
Lot No. 214 on the nfore-
`mentloned Final Subdivision Plan for
:.,tinn Three.
+?•r, ?xri;tviv?YLVANIA
ss.
COUNTY OF CUMBERLAND
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,
Affant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
XLAL I4Vl TZ aers No. a
Writ No. 1999-5715 Civil Lisa Marie Coyn ditor
Contimortgage Corporation
Va. SWORN TO AND SUBSCRIBED b
f
James L. McNaney and
Debra E. McNaney e
ore me this
14 day of FEBR Rv X003
Atty.: Frank Federman
DESCRIPTION '
ALL THAT CERTAIN tract or par-
'
cel of land and premises, situate.
lying and being In the Township of _
------- A
Pi01St":L
Silver Spring. in the County of cum- LOIS E CRYDER, POrI C
1
j berland and Commonwealth of Penn'
homle.
ry more Particularly described c4dats BON
AlyCorr , G1ii:. Ot:y`1d COi1111ry•'v_
,
s;an ;
Ig
1
s f ,
gy
o 5,
5
BEGINNING at a point on the sss?
right of way line of Bayberry Drlve
at the dividing line between Lots No.
215 and 214 as shown on the afore-
mentioned Subdivision Plan: thence
along same South 89 degrees 25
minutes 42 seconds West, a dis.
tans of 137.00 feet to a point at the
dividing line between Lots No, 214,
215, and 52 of Mulberry Crossing.
Section One: thence along the di-
.{ viding fine between Lots No. 214
!t and 52, North 5 degrees 59 min-
utes 42 seconds West, a distance ,
of 58.98 feet to a point at the divid-
ing fine between Lots No. 214, 62
?., and 213:, thence along the dividing
IUSgbt_taeeri Lots No. 214 and 213,
?orthh degrees 34minutes 54
t*,-< seconds East, a distance of 137.00
i feet to a point on the right of way
i r line of Bayberry Drive: thence along
the right of way line Berry Drive by
a curve to the right having a radius
I
_
?;. of 449.00 feet, an arc distance of
85.00 feet with a chord bearing
South 01 degrees 04 minutes 33
f-. seconds West, a chord distance of
f y,... 445.21 feet to a point and place of
ginning.
- BEING Lot No. 214 on the afore-
mentioned Final Subdivision Plan for
Mulberry Crossing. Section Three,
Wynnewood West Development
Company and containing 9.923 sq.
j n., more or less, as prepared by
Gannett Fleming Civil Engineers.
Inc., and recorded In the Recorder
of Deeds Office of Cumberland Coun-
ty, Pennsylvania. in Plan Book 49.
Page 111.
Tax Parcel #38-22-0144-164.
PREMISES BEING KNOWN AS
38 BAYBERRY DR[vE. MECHANICS-
BURG. PA 17055.
TITLE To SAID PREMISES IS
,s .._.,..
_
..
....
VESTED IN James L. McNaney and
Debra E, McNaney, his wife by Deed
from Randall W. Smith and Chris-
,Une.E. Smith. his wife dated 5/24/
'SCneorded 5/24/96 in Deed Book
X138"
Page`
1131
,.
.
.