HomeMy WebLinkAbout03-3759
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 01 - .]759
C;o'J... 'T€I2.."'I
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
CIVIL ACTION - COMPLAINT IN
MORTGAGE FORECLOSURE
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of record for this party:
Brett A. Solomon, Esquire
Pa I. D. #83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
I hereby certify that the
property to be foreclosed
upon is:
313 E. Lisburn Road
Mechanicsburg, Pennsylvania 17055
Township of UR er Allen
T~O' - 1-027 15
Brett A. Solomon
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
)
Plaintiff, )
)
w. )
)
IRENE E. WI EGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
CIVIL DIVISION
No.
IMPORTANT NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so, the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717)-249-3166
1-800-990-9108
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
)
Plaintiff, )
)
w. )
)
IRENE E. WIEGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
CIVIL DIVISION
No. {')3 - 31~r
0;0 ~L 't-En..l
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW COMES PNC Bank, National Association ("Bank"), by and through its
counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in
Mortgage Foreclosure:
1. PNC Bank, National Association is a national banking association
organized under the laws of the United States of America with a principal place of business at
One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707.
2. Defendant, Irene E. Wiegner, Administrator of the Estate of Elsie M.
Brooks, is an adult individual with a last known address of 46 West Allen Street, Mechanicsburg,
Pennsylvania 17055.
3. On or about May 9, 2001, Elsie M. Brooks ("Borrower"), executed a Direct
Installment Loan Truth-In-Lending Disclosures ("Note") whereby Borrower promised to pay
Bank the principal amount of $30,100.50 plus interest and other amounts as more particularly
set forth in the Note. A true and correct copy of the Note is attached hereto as Exhibit "A" and
incorporated herein.
4. The obligations evidenced by the Note are secured by a Mortgage dated
May 9, 2001 ("Mortgage") given by Defendant to Bank, encumbering certain real property
located in the Township of Upper Allen, County of Cumberland, Pennsylvania, as more
particularly described therein ("Premises"). The Mortgage was recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania on May 9, 2001 in Mortgage Book
Volume 1708, Page 904. A true and correct copy of the Mortgage is attached hereto as Exhibit
"B" and incorporated herein.
5. The Defendant is in default of the provisions of the Note for failure to
make payment when due and therefore the Defendant is in default of the provisions of the
Mortgage. The Note is due from January 15, 2002 and as of June 5, 2003 was past due in the
amount of $1,418.05.
6. The Defendant is the record and real owner of the Premises.
7. There has been no assignment, release or transfer of the Note or the
Mortgage.
8. On or about March 19, 2003 Notice was sent to Defendant in accordance
with 35 P.S. !j1680A03C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91
of 1983) and 41 P.S. !j403 (Act 6 of 1974) that an action on the Mortgage may be commenced
after 30 days from the date of the Notice. Said Notice further advised Defendant of Defendant's
rights and obligations in accordance with the Acts. A copy of the Notice sent to the Defendant
are attached hereto as Exhibit "C" and incorporated herein.
9. The amount due Bank under the Note and the Mortgage as of June 5,
2003 was as follows:
Principal..................................................................................... $28,447.73
Interest through June 5, 2003
(Continuing thereafter at $6.2273/diem)................ ...................1 ,018.80
Late Charges ....................................................................................120.00
Costs ........................................................................................ to be added
Attorneys' Fees (to the extent actually incurred) ....................... to be added
TOTAL....................................................................................... $29,586.53
-2-
10. The total amount due to Bank under the Note and the Mortgage as of
June 5, 2003 was Twenty Nine Thousand Five Hundred Eighty Six and 53/100 Dollars
($29,586.53), plus costs and attorneys' fees.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the
amount due of Twenty Nine Thousand Five Hundred Eighty Six and 53/100 Dollars
($29,586.53), plus continuing interest at the contract rate from July 5, 2003, late charges,
reasonable attorneys' fees and costs of foreclosure and sale of the Premises.
By:
Attorney for PNC Bank, National Association,
Plaintiff
BANK_FIN:202258.1
000011-113511
-3-
VIf\L\l1 11~"I"~l.m1..nl ~V"I' IOUIII-ln-LLnUII'U UI.,}\lLV.,}UnL,)
Date:
May
9, 2001 WN'I'R
OLNACS Number 8859011
ANNUAL
PERCENTAGE
RATE
The cost of the Borrower's
credit as a yearly rate.
F~ANCE .
CHARGE
The dollar amount the credit
will cost the Borrower.
Amount Financed
The amountofc:redlt
provided to Ihe Borrower or
on the Borrower's behalf.
Total of Payments
The amount Ihe Borrower will have
paid after Borrower has made all
payments as scheduled.
7.994
%
$
$ 51769.80
21669.30
$ 30100.50
n
Th~ Rorrower's Payment Schedule will be:
- ~umber of Payments Amount of Payments
e means an estimate
When Payments Are Due
Monthly, beginning
Jun. 1~, 2001
;if
$
287.61
180
,,}.
StOW'ity: lender is getting a security interest in deposits or
prop(rty held by Lender, and:
I '1 None. ] Goods or property being purchased.
. [~)ReaIE~~te:_ I
Lat. Charle: I ] Not Applicable. [ )11 a payment is not paid
in full within 15 days of its due date, Bo"wer may be charged the
greater 01 $20.00 or 5% of the total payment.
.
Pre~ayment Jf Borrowe.~ pays off early, Borrower.will not have to
. pay a penalty. _.- . .~ ." -. --_. .
Required D.posit Balance: [ ] Not Applicable. I ] The
Annual Percentage Rate does. nil take .into account any required
In addition, collateral (other than Borrower's principal residence) deposit balance.
securing other obligations to Lender may also secure this Note. Assumption: If this loan is secured by a dwelling, someone
Security Interest Charles: purchasing that dwelling cannot aSsume the remainder of the loan
I J None. [ J Filing Fees $ on the original terms.
Yarilbl.Ratil'''F1Not-APPfiClbl..25.50 -. .=.
Lx-J This loan contains a variable rate feature. Disclosures about the variable rate feature have been provided to you earlier.
[ ) The Annual Percentage Rate may increase if the Prime Rate published in The Wall Street Journa( increases. The rate will not increase
more often than once a month. The rate will not increase more than one percentage point in anyone month and will not increase more
than five percentage points during the term of the loan. The rate will never increase beyond 18%. Any increase in the rate as a result of
an increase in the index may cause the number of payments to increase, and/or.
[ 1 the amount of the final payment to change. The final payment will never be increased to more than 150% of the regular
payment For example, if your loan were for $10,000.00 at an initial rate of 131/2%, repayable in 48 monthly payments of $270.76, and
the rate increased to 141/2% after 12 payments, increased to 151/2% after the next 12 payments, and then remained the same for the
term of the loan, you would be required to pay one additional payment of $254.88.
[ ] the amount of the payments to change. The amount of the payments may increase every four years. The final payment
will never be increased to more than 150% of the regular payment. For example, if your loan were for $10,000.00 at an initial rate of
/
~~~
.
through the 72nd payments.
l lit Borrower's participation in the automatic payment plan is discontinued for any reason, the Automatic Payment Plan Discount of
percentage points will terminate and may cause the rate to increase. Any increase in the rate will cause the amount of
the payments to increase. For example, if your loan were for $10,000.00 at an initial rate of 13112%, repayable in 48 monthly payments of
$270.76. jnd the Discount wrminated after 12 payments. tht payment amount W<l\J1d increaselll $ for the remainder
of the term of the Not..
l ] If Borrower's participattonin the Club or Package Plan is discontinued for any reason, the Club Discount of percentage
points will terminate and may cause the rate to increase. Any increase in the rate will cause the amount of the payments to increase. For
example, if your loan were for $10,000.00 at an initial interest rate of 13-1/2%, repayable in 48 monthly payments of $270.76, and tile
Club Discount terminated after 12 payments, the payment amount would increase to $ for the remainder of the term
of the Not..
See your contract documents for any additional information about nonpayment, default, any required payment in full before the
scheduled date and prepayment refunds and penalties.
_Itemization of Amount Financed
Amount Financed
$
Sce Btttlt'e~t ;t.te'e~t
(I) Amount gIven dTfectry lolrorrower
$ Bee Se~~~, ~e~t ~t4tel!nt '
(2) Amount paid on Dorrower s accou1ll.
$
(3) Amount retained by lender for
$ See SettIelent Stateaent
(4) Amount paid to others on Borrower's
belia~:
ta} to public officials
$
{b) lo~~~~t mteaent
$
{c]to
$
(d) to
$
{el to
$
{ij to
$
(g) to
$
(h) to
$
(i) to
$
Prepaid Finance Charge
Borrower at the time the loan is made:
(I)
$
(2) ~ee ~ettle.ent ~tate.ent
$
(3)
$
CREDIT INSURANCE IS NOT REQUIRED: Credit lile Insurance and CredIT Disability Insurance are not required to oblain CredIT. and will not be provided unless Borrowerls) sign below and agree to
pay the addITional costls). Insurance may be purchased on the lile 01 one or two Borrowers. Credit D~abiiITY Insurance may be purchased on only one Borrower. If obtained through lender the cost
01 the insurance for the original term 01 the credit ~ stated below. lender may receive financial benefITS from the Borrower's purcliase 01 insurance. 'Borrowe~ who ~ insured may not be a Co.Maker.
I want Single CredIT life Insurance which costs $
Signalure 01 Person to be insured lor Sing~ Creditlile insurance
I want Sing~ CredIT DisabilITY Insurance which costs $
Signalure of Person to be insured lor Sinlle CredIT Disabilty Insutlnce
We want Joint Creditlile Insurance which cosls $ 1. 2.
X ~ 4, ~~~af~~~ers.on teJ!e insured loyjoinf Credit lile Insurance IXH IT
Borrower dres not desire or is not eligible lor credIT insurance: 1..K/.),.>'- (' / f~
Signatureo/Borrower I
Notice to Borrowerls): The maximum amounl 01 coverage whicli insured Borrowerls) will receive is setlorth in the certilicate or policy, as applicable. "
DIRECT INSTALLMENT LOAN NOTE 7.CREDIT REPORTS. Borrowerauthoriles Lender to time
1. DEFINITIONS: In this Note, the word "Borrower" means each and al~ of those who sign below to time at lender's discretion while Borrower llas..
~nd each and all oj those. who endorse the check which disburses the Amount given directly to R LATE CHARGE. I 1 Nilt A00lic~hlp I 1 8O;fower aNef'~ th~1 Lf'nut'1 'HCll "v,. ~hme
Signature 01 Person to be Insured lor Single Credil Disabilrty Insurance
L ~
X ~,! ~'~atu~~ers.on~)!e insured lo0"int Credillile Insurance
~Borro~~r'd;esnotdesireoriSnoleligjbjeforcreditinsurance: C..t'./Q...~ (IJ /~
Signature 01 Borrower
Notice 10 Borrowerls): The maximum amounl~1 coverage which insured Borrowerls) will receive is setlorth in Ihe certilicale or policy. as applicable
DIRECT INSTAllMENT LOAN NOTE ?CREDIT REPORTS. Borrower aulhorizes lender 10 obtain credftreports on Borr_ffrom Ii
L DEfINITIONS: In Ih~ Note. the word 'Borrowe~ means each and all 01 those who sign below to time al lender's discrelion wIlile Borrower has a loan oulstandlnl with lender.
&~r:~:.~nd all of Ihose who endorse Ihe check which disburses the 'Amount given dlfectly ro 8.lAT! CHARGE: I I Not App/icable. I I Borrower agrees thai ler1der may assess a.1ate tha'
The word 'Lende~ means '.. lor any payment not paid in lull wilhin IS IIys 01 its due date. The late charge will be lhe grea
~r any person 10 whom th~ Notf1i\~b~er,*-,honal AssocJ.atJ.on of $20.00 or 5% of the total amount of the payment which was not paid in tull. No lale charge,
2 BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to lender be due, however.il the reason that the payment is lale is erther: (a) attributable to alate char
. . . .' assessed on a pnor payment, or (bl because, after delault by Borrower, Ihe enllfe outstandl
$ , With inlerest on Ihe unpard balance lrom lhe date lunds are balance on thiS Nole is due. No more than one lale charge will be imposed lor any sin,
ad~JJI,~ ~\1J in lull. Interest shall be paid at Ihe rate per annum 01 %. scheduled payment.
Borrower promises to make payments in accordance wilh the payment sche]ul9Md in Ihis 9. MONTHLY PAYMENT CHANGES:
Note. Borrower promISes 10 pay to Lender all other amounts whICh may become due under the. . .
lerms of this Note. including, if applicable, lale Charges and Costs 01 Collection. Borrower! JThe paymem, amounts Will not change over the term 01 the loan excepl as staled In t,
agrees to make payments at Ihe place designated by lender. Borrower may also be required to Payment Schedule.
pay to lender certain other charges belore lender will give any money to Borrower. These I ] The payment amounts may increase (but will not decreasel if Borrower lerminat
charges. if any. are slaled above in 'lIemization 01 Amounts paid by Borrower at the time the Sticipation in the I ] Club or Package Plan I ] Aulomalic Payment Plan. Lender w
loan is made' and/or in the Settlement Slatement. determine the amoufOOll equal monthly payments II)[t would be sufficient 10 repay in full. by tl
Maturity Dale. the unpaid principal balance that is expected 10 be due on the payment chanl
date, al the new interest rale. lithe payment amount will increase. lender will nolify Borrower '
Ihe effective date and .mllUnt 01 the new paymenl
6. CLUB DR PACKAGE PlAN: I ) Not Applicable. I ] Borrower IS partlClpaling in the
pa.ckage 01 banking services known as. or is a Qualifi~ member 01 a club group known as:
..?8P~~';::~.. _ _,___.
*. "..!]te\R.leresl ra.te .on lhii&tunay.increase by percenlage points ('Club
t: ..... DiscounI1, Wparticipalion In tIl~ Package P~n or(IW2~~ disconlinued lor any reason.
l""
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Ij;~:" ~:~..."'" ~..__fP
.-'- ....., . . - __._~_. ..X', -
. ~~!G'~""'.
~ "Od[ -""!,,C u,t,,1l V'~O"'''''} "IJ\.!IC:I\..t WIII!..I, l..iJJL:l-l>
We want Joint Cre~1it Ule Insurance which costs $
3. PAYMENT SCHEDULE: Borrower agrees 10 pay to lender the amounts due under this Note:
! I in uninterrupted monthly payments: payments 01 $
anra linal payment, which will be billed \,Hender. 01 all remai~'\FUl1~ amounts.
.Paymentswill be due on the same day 01 each monlh starting on
Payments will continue until all amounts due are paid. ..' Jun.. 15, . LOOt.
l 1 '" u,,,,~.,-7"'''~I'-U\:IVlltWl ~ClJIUt;IIl:a, t:AI.t!llllr (fl~ UlurlUl~ snown: payments
01 $ and a final payment. which will be billed by the lender, 01 all
remaining unpaid amounts. Payments will be due on the same day 01 each month slarting on
.PROVIDED, HOWEVER, that no payments shall be due dUllng the
months 01
or
each year.
plus accrued inlerest and all olher
[ I in a single payment of $
amounts due on
[ Iln add~ion, prior to the month of the first scheduled paymenl as s!.lled above, interesl
shall be payable monthly 00 the unpaid balance and shall be due on the same day of the month
as the laler paYmerlts. .
The date Ihal the final payment is scheduled in lhis paragraph to be due is called tlle-'Ma\lJrity
Date' of this Nole.
4. VARIABLE RAT!: I ] Not Applicable. I ) The interest rate on this Note may
change based oil(changes in the Interest Rale .Index. The Margin lor interest rate
changes is . percentage points. See the 'Changes in Interest Rate'
sectron on the reverse side of thIS Note.
5. AUTOMATIC PAYMENT PlAN: I J Not Applicable. I ] Borrower authorizes lender
to deduct the payments on this loan from Bonoltr's deposit account number
on each scheduled payment due dale. The Interest rate on this loan
5~a1~9S~~f4 percentage pOints ('AutomatIC Paymenl Plan DlScounrl
II partlCrpat"'n l~tIli~matic payment plan IS dlSconllnued lor any reason, including' (a) II
any Borrower chooses to terminale partiClpalion; (b) if the deposit accountldenlilied above IS
closed; or Ic) if there are nol sufficientlunds in the account to make the lull monthly payment
on three payment dales.
I ] Changes In the interest rale may cause the number 01 payments to change and/or t~
amount 01 Ihe final payment to change. One month belore the Maturrty Dale. if necessary, lh
number 01 payments due will increase so Ihat Ihe final payment will nol be more than 150% I
th....nr....;""..I" .."I.~...."ltvI _n(I" ~ ..-. .
I I Changes in the inleresl rate may cause the number of payments 10 change and/or th
amount 01 the payments to increase; the first change In the payment amount may occur on a dal
48 months aller the due date 01 the first monlhly payment, subsequent changes. it applicabl,
will occur every 48 months thereafter. Not more than 45 days, but nolless than 25 days, belor
the dale 01 each payment change, lender will calculate lhe new paymenl .mount The paymen
amount may increase bul will not decrease. except for ffre fillll payment lender will determin
the amounl 01 equal monthly payments ffrat would be suffICient ro repay in tull. by the Maturil
Dale, the unpaid principal balance Ihat is expecled to be due on the payment change dale. at tho
interest rale in effect at the time the calculation is being made. lender will notify Borrow.. at Ih.
new amount of the payment which is due. One mOlllh before the Malurilj Date, ~ necesmy. tho
number of payments due will increase so that the final payment will oot be more tban 150% 0
the previously scheduled monthly payment .
10. THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE INCORPORATED HEREIN A:
PART OF THIS NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FlllED-1I
COPY OF THIS NOTE. BY SIGNING BElOW. BORROWER AGREES TO BE lEGAllY BOUND BY Al
THE TERMS AND CONDITIONS OF THIS NOTE. Each 01 the Borrowers guarantees that tho
K'tur'My:::w};;n~nf3~ ~ 9-0 I
C..t:I.J Borrower Date
ELSIE H BROOM
Borrower
Date
II CO.MAKERS-SEE NOTICE TO CO.SIGNER ON THE REVERSE SIDE: Any Borrower who I
de;ignated as a Co.Maker agrees to be equallyres/lOnsible with all other Borrowers lor th
payment of this loan and perlormance 01 all promrses In thIS Note.
Co.Maker
Dale
Co.Maker
Date
..
J;~~;~\;;wr~it€ifiJ~~ (;inde~1iseerffie_j~riabie'R~r~ti~; ;;ti,;
froht side of this NoteJ,ll1e llIteVlilJ'be basecl on the Margin, the Index, and applicable
. discounts. ~ any. The Index may change from time to tilne;. the Marg~n will remain th~
samejorlha lerriof the Note. The interest rate stated In the Borrower s Promise to Pay
is the 'Base Rate.~. The Base Rate was computed by adding the Margin to the onglnal
Index, and then subtracting the Automatic Payment Plan DIScount and/or the Club
Discount if applicable. Interest rate adlustmen~s are computed by adding the Margin to
th.. curreflt Index at,the time of the adlustment (subject to the limitations descnbed
below), and then subtracting the Automatic Payment Plan Discount and/or the Club
Discount. if applicable. The Interest rate on this loan may be adJusted monthly. on the
first calendar day of each calendar month. beglnOlng In the month after the funds are
advanced. The Index is the highest prime rate published in tlla'"Milriey Rates" section
of The Wall Street Journal {'Prime Rate/1ln the last day on which the Prime Rate is
published in the preceding calendar month, The Index is not necessarily the lowest rate
charged by Lender on loans. If the Index shall cease to be available, Lender shall select
a new index, whiCh. in [ender's sole opinion upon a reasonable basis. is comparable to
the Index. The annual interest rate will not increase or decrease' ,more than one
percentage point in any calendar month, and will not increase or decrease more than
five percentage points during the term of the loan, due to changes In the Index, (A
change caused 'by a termination of the Automatic Payment Plan Discount or the Club
Discount is not subject to the limitations set forth in the prevIous sentence.) The annual
interest rate.wi11 not exceed IS%. .
13. COMPUTINC INTEREST: Interes1 is charged on a daily basis, according to the
outstanding balance subject to interest on each day of the loan term. The daily interest
rate is equal to the annual interest rate in eftect on that day divided by the number of
days in that calendar year. Borrower agrees that because interest is calculated on a daily
basis. late payments will resuft in additional interest (and, if applicable, a late chargel;
early payments will resuft in less interest being charged. If the interest rate on this Note
will not change because of changes in the Index (see the "Variable Rate' sectionl, early
and/or late payments will cause the amount of the final payment to change. If the
interest rate on this Note can change because 01 changes in the Index (see the 'Vahable
Rate' section), early and/or late payments will cause the number of payments due, the
amount of the payments (if the amount of the payments is subject to change every 48
months) and/or the amount of the final payment to change. ",'",
14. APPliCATION OF PAYIIEIITS: !:end... willaPJlly paYllJf1nfs in the following order ot
phority: mresl, laie charges, tees, and then Wiicipal. All' regular paymentswil be
applied 10 the sati~!lf scheduled payp1et'lls1n the order in which they become due.
IS. RETURN CHECk FEE: Borrower agrees that leild... may assess a fee of $20.00 if
Borrower makes a payment with a check .that is returned by the draY@! tor '1)01
sufficient funds' in the acecunt on which the cheel< is written.
16. WAIVER BY lENDER: If Borrower has made or makes in the future another loan
agreement with lender, lender might obtain a security interest in the principal dwelling
of Borrower or someone else to secure thaI other loan agreement That security
agreement may provide that the principal dwelling secures not only that other loan
agreement but also all other loan agreements of Borrower w~h lender. lender waives
(gives up) any ~ght to claim a security interest in the principai dwelling of any person
. . "" ..... . ll,.,....
. . <lUll..
law, interest at the rate provided in this Note shall continue to accrue on the unpaid
balance until-paidin.full, even after (whether by acceleration or otherwise) maturity
and/or if Borrower becomes a debtor in an action filed under the Bankruptcy Code
and/or if judgment is entered against Borrower for the amounts due. If at any time
interest as provided for in this paragraph is not permitted by law, interest shall, in that
event and at that time, 'accrue at the highest rate allowed by applicable law. If the
interest rate on this Note can change, the interes1 rate which will apply beginning on
the date a lawsuit ~ filed by lender shall be tbe interest rate in eftect on the,oate or the
interest rate stated in the 'Borrower's Promise to Pay; whichever is less. .
18. DEFAULT: (As used in this paragraph, the term 'Borrower" includes Borrowers. Co.
Makers, Guarantors. sureties, and any owner of property which is secuhty for this Note.)
Borrower will be in default
(a) if Borrower does not make any payment before or on the date ~ is due; or
(b) if Borrower fails to keep any promise made in this Note or defaults on any other
note, loan or agreement w~h Lender, or
(c) ~ anyone who signs the security agreement or a mortgage securing this Note breaks
any promise made in the security agreement or mortgage, including but not !im~ed to
the promise not to sell, give away or transfer title to the property which is the subject ot
the mortgage or security interest; or
(d) ~ any property in which lender has obtained a security interest to secure this Note
is lost. stolen (and not recovered w~hin a reasonable time) or destroyed; or
(e) ~ Borrower has made any untrue statement or misrepresentation in'the ciedit
applicatioo or any other certificate or document given or made tor th~ loan; or .
m upon the death of Borrower or anyone of them. if there ~ more than one; or
(g) if Borrower provides lender with false information or forged signatuoes at any time; or
(h) if a court with proper jurisdiction to do so finds that Borrower, or any OIIe of them,
is incapac~ated or incompetent or
(i) if lender in good fa~h believes that the prospect of Borrower's paying this Note is
Impaired.
If Borrower is in default, the entire outstanding balance on this Note shall be
Immediately due, at the option of the Lender. This witl.happen w~hout any prior notice
to Borrower, or hght to cure, except as may be required by law.
Borrower will also be in default:
,.,"----
..,._n__. -""~'-~-"..' --"~'...-' ~en..-~ .. t.....,. -"T"~""""'''''&, ''''''6,
~iisfa~ti;;'~'~d encumbrance 1eH wnicnmaybe charged, The' charges are to repay
lender for the fees paid to public officials to protect. continue, or release any security
interest given in the security agreement or mortgage. f
23. PREPAYMENT: Borrower may prepay, in full or in part. the amount owed on this
Note at any time without penalty. If Borrower prepays the loan in part, Borrower agrees
to continue to make regularly scheduled payments until all amounts due under this Note
m_ .
24. IF lENDER OBTAINS A SECURITY INTEREST TO SECURE BORROWER'S PAYMENT
OF THIS NOTE. BORROWER MAKES THE FOllOWING ADDITIONAL PROMISES TO
lENDER: (a) if property insurance is required by a mortgage and/or security agreement
securing the repayment of this Note and!.or ~ flood insurance is reQll~ed,by federellaw.
BORROWER MAY OBTAIN THE INSURANCE FROM ANYONE OF 1l0RROWER'SCHOICE
subject to Lender's reasonable approval. If flood insurance is required, Borrower has
been separately notified, The property insurance must cover loss of or damage to the
collateral and must be in an amount sufficient to protect lender's interelt: flood
insurance must be of the type and in the amount required by federal law; (b) Borrower
, agrees to provide lender evidence of required insurance. All policies must name lender
as a loss payee/secured party and must provide tor at least 10 days whtten notice to
Lender of reduction in coverage or cancellation; (c) if Borrower fails to keep in force the
required insurance and/or fails to provide evidence of such insurance to lender, lende'
may notify Borrower that Borrower should purchase the required insurance at
Borrower's expense. If Borrower fails to purchase the insurance within the time stated
in the notice and/or fails to provide evidence of such insurance to lender, Lender may
purchase insurance to protect lender's interest, to the extent permitted by applicabie
law, and charge Borrower the cost of the premiums and any other amounts lender
incurs in purchasing the insurance. THE INSURANCE lENDER PURCHASES Will BE
SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIOE lESS COVERAGE THAN
INSURANCE BORROWER COULD PURCHASE OTHERWISE. Upon demand, Borrower
promises to pay lender the cost of insurance purchased and other amounts incurred
by Lender. Borrower agrees that lender may. if permitted by applicable law. add the
cost of the insurance to the amounts on which interest is charged at the rate provided
in this Note. In certain states. the requiredlnsurance may De obtained through a
licensed insuran~ agency affiliated with lender. Th~ agency win receive a fee tor
providing the requirett'insurance. In addition, an affiliate may be responsible for some
or all of the underlying inslllance risks and may .receive compensation tor assuming
such riskS. If additiooal inttlnnation"isrequirl!d concerning insurance or our affiliate
arrangements..please contact Centralized Customer Assistance. 2730 liberty AVeflue,
Pittsburgh. PA 15222; Id) to pay all taxes due on the collateral. If Borrower does not pay
the taxes. lender has the optioo to pay the taxes. Upon demand, Borrower promises
promptly to repay to lender any amounts paid by Lender for taxes: (e) ~ lender eels a
security interest jn stock or securities. the value of the collateral may become.
insufficient to protect Lender. If that happens, Borrower agrees to deliver to lender
additional collateral which lender believes will be enough to protect lender,lO to allow
lender the hght to inspect the collateral at any reasonable time, and to maintain the
collateral in good condition and repair; reasonable wear and tear excepted; (g) ~
n --.. _L.___~ -~ \'t~MliIiI_"."1r1M th;r "'I"t" fl"lr hvr ~nrl /'1 in<;'L'r:l~('j '.irv1tr
"'dy,"l~ UVUUII, II ~~y'v~m..dLJII:: IdW, dKJ me l:Ik,ltIn~;-~.aftY!tt&o~rF"''':.~
outstanding balance and require repaymenl w~h interest by increasing the installment
payments so that the outstanding principal balance is repaid in full in substantially equal
installments on the due date stated in the payment schedule; and (h) Borrower's
promises made and lender's rights set forth in this section shall not merge with any
judgment in any legal action and shall apply until aU amounts owed are'paid in full.
25. lENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives
lender the right to sign Borrower's name on any check or draft trom an insurance
company, This is lim~ed to a check or draft in payment of returned premiums. benefits
under credrt I~e insurance or cred~ disability insurance. and claims made under
physical damage insurance and flood insurance covehng property which is securify for
this loan, Borrower does not have the right to, and agrees that Borrower will not, revoke
the power of lender to make Borrower's endorsement lender may exerc~e the power
for Lender's beneCrt and not for Borrower's benefit. except as otherwise provided by law,
26. COSTS OF COllECTION: If lender files suit or takes action to collect th~ loan or
protect the collateral or the lender's security interest in rt, Borrower agrees to pay
lender's costs and expenses to do so. if lender is permitted by applicable law to require
Borrower to pay those costs. Unless such action is taken in Ohio, this shall include
reasonable attorneys' fees and expenses to the maximum amount permitted by
applicable law.
27. SECURITY INTEREST IN DEPOSITS: The lender may set-off any amounts due and
unpaid under this loan against any of Borrower's money on depos~ with Lender. This
includes any money which is now or may in the future be deposited with Leflder by
Borrow... or wfth any ClKlepositor, inciuding Borrower's spouse. This also includes any
property. credits, securities. or money of the Borrower, which may at any time be
deliverecl to or in the possession of the Lender. This may be done without any prior
notice to Borrower.
28. ASSIGNMENT: Borrower may not assign or otherwise transfer Borrower's rights
under this Note to anyone else. lender may sell. transfer. or assign this Note, and any
security agreement and/or mortgage given to secure th~ Note, and Borrower's rights
and obligations under this Note will continue unchanged,
29, CUSTOMER INFORMATION: To serve its customers efficiently and after a full range
of financial services, lender shares customer transaction and experience information
Id) li~~;pr~pert;'i~~hl~hC;hder nas obtarned a seCUrtty Interest to secure this Nole ~~PWg~~!,; INTEREST IN DEPOSITS: The lender may sel.oN ,ny ,mounls due and
is lost, stolen (,nd not recovered within a re,son,ble time) or destroyed; or 'unpaid under this lo,n ,gainst ,ny of Borrower's money on deposit With lender This
(e) if Borrower. has made any untrue statement or misrepresentation In the credit
appli.atiowOi a~ other certific,te or document given or made for this loan; or includes any money which is now or may in the future be deposited with lender by
In upon the death of Borrower or anyone of them, II there IS more than one; or Borrower or with any co.deposITor, including Borrower's spouse. This ,Iso includes any
(g) If Borrower provides lender with false information or forged signatures at any bme; or property, credits. securities, or money of the Borrower, which may at any time be
(hJ if a court with proper jurisdictiOn to do so.finds that Borrower, or anyone of them, delivered to or in the possession of the Lender. This may be done without any prior
IS Incapacnated or incompetent, or notice to Borrower
Ii) il lender in good faith believes fhat the prospect of Borrower's paying this Note is 28. ASSIGNMENT: Borrower may not assign or otherwise transfer Borrower's rights
Impaired. under this Note 10 anyone else. lender may sell. transfer, or aSSign th~ Note. and any
II Borrower is in default, tile enbre outst.nding balance on this Note sh.1I be security agreement .nd/or mortgage given to secure this Note, and Borrower's rights
immedi.tely due. .t the option of the lender This will h.ppen WIThout .ny prior notice .nd oblig.tions under this Note will continue unch.nged.
to Borrower. or right to cure. e,cept .s m.y be required by I.w. 29. CUSTOMER fNFORMATlON: To serve its customers efficiently and offer. full r.nge
Borrower will .Iso be in def.ult of fin.nci.1 services, lender sh.res customer tr.nsacbon .nd experience information
Gl if Borrower becomes insolvent and/or cannot pay Borrower's debts as they become among the PNC family of companies. PNC companies also share other personal
due; or informabon, such as applications, financial statements, and credit reports. Borrower
(k) if any other credITor tries by, legal process to take any money or property of may request th.t lender does not share this other personal informabon (except where
Borrower in the lender's possession; or such information is used by one PNC company to service customer accounts for
(I) il Borrower files a bankruptcy petition or if anyone files an involunt.ry bankruptcy another) by wribng to lender at PNC Bank, P.O. Bo, 96066. Pittsburgh. PA 15226. Please
against Borrower, or include Borrower's name. address. account number(s) or social security number
1m) if Borrower makes an assignment lor the benefit of creditors, or any insolvency, 3D. COMMUNICATION CONCERNING DISPUTED DEBTS. All communications by
reorganization, arrangement, debt adjustment. receivership, trusteeship. liquidation or Borrower to lender concerning disputed debts. including.n instrument tendered as
other legal or equitable proceedings are instITuted by or against Borrower; or full satisfaction of the loan, should be sent to Centralized Customer Assistance.
In) if any judgment. tax lien. municipal charge or ta, levy is filed or writ 01 e,ecution 2730 Liberty Avenue, Pittsburgh, PA 15222.
is issued against Borrower. 31. HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Note
If .ny event described in 0), (I<). (I), (ml or (nl h.ppens. the entire.outstanding balance shall be binding upon the Borrower, and the heirs and personal representatives of the
on this Note sh.1l be immediately due without any prior notice to Borrower, or right to Borrower.
cure, except as may be required by I.w. 32. MULTIPLE PARTIES: If there is more than one Borrower, each agrees to be
A default by Borrower on this Note is a default on every other note, loan or agreement responsible to lender, individually and together, for payment in full of this loan.
of Borrower with lender.
19. GENERAL WAIVER PROVISIONS: Borrower waives presentment for payment, Borrowers agree that payment of all or part of the proceeds ofthis Note to any Borrower
demand. protest, notice of protest, dishonor and all other notices or demands in or to anyone else at the direction of any Borrower will be the equivalent of payment to
connection with the delivery, .cceptance. performance, default or enforcement of this each Borrower and for the benefil of .11 Borrowers.
..~O .n.. . .n' . . 0... . . ..'0' u '__" .' , , ..;;;;,.,.JLG.QY,;!lliltiG 1JUY.AN.Rl\R!j~16UR'RlI: ThiS N~te has been acce~ lender
20. DELAY IN ENFORCEMENT: lender can delay enlorcing any rights under this ~te ~,~J1~!\Ir!1fjt:t'l') ,.' ,....
WIThout losing any rights. lender's failure to enforce .ny right under this Note shall not Regardless 01 the. state of Borrower s residence or the. place to which Borrower
act as a waiver of that right or preclude the e'ercise 01 that right in the event of a future submitted an application, Borrower agrees that the prOVISions of thiS Note relatingto
occurrence of the same event. lender can also extend the time allowed tor making mterest, Charges and fees shall be governed by and construed In accordance with
payments, and such extension shall not affect the oblig.bons of any Borrower. whether federal law and, as made applica.b1e by federal law, Pennsylvama law. Unless preempted
or not that Borrower is given notice of the extension. by federal law. other substanbve terms .nd prOVISIOns shall be governed by and
21. RELEASE OF SOME BORROWERS OR SOME SECURITY: If there is more than one construed in accordance with the law of Pennsylv.nia; procedural matters rel.ting to
Borrower. each agrees to remain bound by th~ Note, although lender may release any the enforcement of the obligations evidenced b~ the Note and matters related .to the
other Borrower or release or substitute .ny property which ~ security for the repayment granting, perfection and enforcement of . security Interest secunng thIS Note, ,f .ny..
of this Note. Borrower waives all defenses based on suretyship and impairment of shall be governed by the laws ofthe state where the enforcement, granting or perfection
collateral or security. takes place.
DIRECT lOAN NOTE INDEX: The index is for conven. Daily balance..........................................................12, 13
ience and reference. It shall not limit the meaning or Daily interest rate ...................................................12, 13
scope of .ny paragraph or section, The numbers refer Oefaull.............................................................................18
to the paragraph numbers of this Note. Oefinitions.........................................................................1
Delay in enforcement....................................................20
Deposit ............................................................................27
Disputed debts..............................................,................30 .
Earty payment................................................................23
Finance charges .................................................4, 12, 13
Flood insurance ............:................................................24
Governing law ................................................................33
Heirs bound ....................................................................31
I nd ex .... .......... ..... ......................... ....... ........ ................ ....12
Insurance checks ..........................................................25
Interest after maturity and judgment.........................17
Interest rate............................................2. 9.12.13.17
late charges ...........,.........................................................8
Legal fees ...................................................................2. 26
len der .... ..... ........... ...... ......... ........... ......... ,......... ..... .........1
Lender's right to endorse checks................................25
Margi n ....................,........................................................12
Acceleration of the outstanding balance....................18
Application of payments...............................................14
Assignment .....................................................................28
Attorneys' fees...........................................................2, 26
Automatic p.yment plan.................................................5
Borrower's responsibilities.................,..............2, 18,31
Changes in interest rale ......................4. 5. 6. 9, 12. 17
Closing costs ....................................,................................2
Club or Package Plan ......................................................6
Collateral...........................................................22, 24. 27
Collection expenses ..................................................2, 26
Communication concerning disputed debts ..............30
Computing interest ........................................................13
Court Costs..............................,..................................2. 26
Credit Reports ..................................................................7
Customer information ...................................................29
Monthly payment ........................................................3. 9
Monthly payment changes.............................................9
Multiple parties..............................................................32
Paid in full checks.........................................................30
Payment application .....................................................14
Payment Due 0.te...........................................................3
Payment Schedule ...._................................................3, 9
Personal representatives bound..................................31
Prepayment ....................................................................23
Promise to pay.................................................................2
Pro pe rty in su ra n ce ....... ............... ..................... .............2 4
Release of borrowers ....................................................21
Release of security........................................................21
Remedies ..................................................,....._.........,:....18
Return Check Charge ................._...............................15
Security interesl..............................................22. 24, 27
Security interest charges ............................................22
Security interest in depoSITS ...................................._..27
Variable rale......................................................4, 5, 6, 12
Waiver .......................................................................16. 19
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn' pay the debt, you will have to.
Be sure you can afford to pay if )'ou have to, and that you want to accept this responsibility.
You may have to pay up to the fult amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection
costs, which increase this amount.
The Lender can collect this debt from you without lirst trying to collect from the Borrower. The Lender can use the same collection
methods acainst you that can be used acainst the Borrower, such as suing you, efc. If this debt is ever in default, that fact may become
a part of your credit record.
fORM1280Q().(l400
/S-~/,/
~ '-iC/IIl,. (\ ~U rc~~:;.~~9)
,..,,' " - \.., May 9, 2001
\.--" THIS MORTGAGE IS made on . The Mortgagor is
If there is more than one. the WtfSi't!WI".BR\5ffieSefers to each and all of them. The Mortgagee is
The word "Borrower" means
If there IS more than one, the word "Borrower" herein refers to each and all of them.
Thirty Thousand One Hundred And 50/100
Borrower owes ~1~ !~um of . .. ... Hay 9, 2~lfrs
(U,S. $ , ).This debt is evidenced by Borrower's wntten ~bllgatlon (referred to he~elO. as the Note). dated . ' .
This Mortgage secures to Mortgagee: (a) the repayment of the debt eVidenced by the Note, with Interest and other. charges as proVide? therein;
(b) the payment of all other sums, with interest thereon, advanced hereunder tor the payment of taxe,s, assessments, ~amtenan.ce charges, m.suranc~
premiums and costs incurred to protec;t the security 01 thIs ~ort.ga.ge;. (c) the payment of.all of Mortgagees costs of coll~ctlon, mcludmg costs of S~lt and, .If
permitted by law, reasonable attorneys fees and expenses, If SUIt IS filed or other action IS taken to collect the sums owing or to protect the secunty of thIS
Mortgage; (d) payment of any refinancing, substitution, extension, modification, and/or renewal of any of said indebtedness, interest, charges, costs and
expenses; (e) the perlormance of Mortgagor's and/or Borrower's covenants and agreements under this Mortgage and the Note; and (f) the repayment of the
debt evidenced by any note or agreement which was refinanced by the Note, to the extent that such debt is CM'ed to Mortgagee and has not been paid. For this
purpose, Mortgagor does hereby mortgage, grant and convey to Mortgagee the following described property, together with all improvements now or hereafter
erected, and all easements, rights and appurtenances thereon, located at and known as:
313 E LISBURN RD, MECHANICSBURG, PA 17055 CUMBERLAND
Recording Date of Original Deed Jan. 11, 1955
Deed Book Number 16-E Page Number 421
Tax Parcel No. 42-11-0274-015
- OL~~-m?/~9011
\.i
DAVID BROOKS!DEC!ASEDI AND ELSIE K BROOKS \
PNC Bank, National Associatioh
't-'
iJPfe" ffll.e 11 fwp-
The word "Property" herein shall mean all of the foregoing mortgaged property.
To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if Mortgagor and/or Borrower shalt
pay to Mortgagee the said debt, interest, and all other sums, and periorm all covenants and agreements secured hereby, then this Mortgage and the estate
conveyed by it shall terminate and become void.
Warranty of Title. Mortgagor warrants and represents to Mortgagee that (a) Mortgagor is the sole owner of the Property, and has the right to mortgage
and convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor will defend the title to the Property
against all claims and demands except encumbrances nO'N recorded.
Covenants. Mortgagor promises and agrees as follows:
(a) Mortgagor will maintain the Property in good order and repair; (b) Mortgagor will comply with all laws respecting the ownership and/or use of the
Property; (c) If the Property is part of a condominium or planned unit development, Mortgagor will comply with all by-laws, regulations and restrictions of
record; (d) Mor:tgagor will pay and/or. periorm all obligations under any mortga~e, lien, or security agreement which has priority over this Mortgage;
(e) Mortgagor Will payor cause to be paid aU taxes and other charges assessed or leVied on the Property when due and, upon Mortgagee's request, will deliver
to the Mortgagee receipts showing the payment of such charges; (f) While any part of the debts secured by this Mortgage remain unpaid, Mortgagor promises
to obtain and keep in force property insurance and, if required by federal law, flood insurance on the Property. The property insurance must cover loss of or
damage to the Property and must be in an amount sufficient to protect Mortgagee's interests; flood insurance must be of the type and in the amount requrred
by federal law. Mortgagor agrees to provide Mortgagee eVIdence of required insurance. All policies must name Mortgagee as a loss payee/secured party and
must provide for at least 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor gives Mortgagee the right and power to sign
~_o-,rt~~~or's name on,any_chec.k or,dr.aft from al'l insurance compan~nd~~iIV .. . . .
--Pi'opert~rtgagor does n-o~-have' fhe right to, and agrees that Mortgagor will not, revoke the power of Mortgagee to make Mortgagor's endorsement.
Mortgagee may exercise the power for Mortgagee's benefit and not for Mortgagor's benefit, except as otherwise provided by law; (g) If Mortgagor fails to keep
in force the required insurance and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may notify Mortgagor that Mortgagor should
purchase the required insurance at Mortgagor's expense. If Mortgagor fails to purchase the insurance within the time stated in the notice and/or fails to
provide evidence of such insurance to Mortgagee, Mortgagee may purchase insurance to protect Mortgagee's interest. to the extent permitted by applicable
law, and charge Mortgagor the cost of the premiums and any other amounts Mortgagee incurs in purchasing the insurance. THE INSURANCE MORTGAGEE
PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGOR COULD PURCHASE
OTHERWISE. Mortgagee may receive reasonable compensation for the services which Mortgagee provides in obtaining any required insurance on Mortsa8o(s
behalf. In certain states, the required insurance may be obtained through a licensed insurance agency affiliated with Mortgagee. This agency will receive a tee
for providing the required insurance. In addition, an affiliate may be responsible for some or all of the underlying insurance risks and may receive
compensation for assuming such risks. If Mortgagor fails to pertorm any other duty or obligation required by these Covenants, Mortgagee may. at its sole
option, advance such sums as it deems necessary to protect the Property and/or its rights in the Property under this Mortgage. Mortgagor agrees to repay
Mortgagee any amounts advanced in accordance with this paragraph, with interest thereon, upon demand; (h) Any interest payable to Mortgagee after a
judgment is entered or on additional sums advanced shall be at the rate provided for in the Note; (i) Mortgagee may make reasonable entries upon and
inspections of the Property after giving Mortgagor prior notice of any such inspection; (j) Mortgagor will not sell, transfer ownership in, or enter into an
Installment sale contract for the sale of all or any part of the Property; and (k) The promises, agreements and rights in this Mortgage shall be binding upon
and benefit anyone to whom the Property or this Mortgage is transferred. If more than one Mortgagor signs this Mortgage, each and all of them are bound
Individually and together. The covenants made in this section and Mortgagee's remedies set forth below shall not merge with any judgment entered in any
legal action and shall apply until all amounts owed are paid in full.
Default. Mortgagor will be in default under this Mortgage: (a) if there is a default under the Note; (b) if Mortgagor breaks any promise made in this
Mortgage; (c) if any Mortgagor dies; (d) if any other creditor tries to take the Property by legal process; (e) if any Mortgagor files bankruptcy or if anyone files
an inVOluntary bankruptcy_against Mortgagor; (f) if any tax lien or levy is filed or made against any Mortgagor or the Property; (g) if any Mortgagor has made
any false statement in this Mortgage; or (h) if the Property is destroyed, or seized or condemned by federal, state or local government.
Mortgagee's Remedies. Unless prohibited by law, if Mortgagor is in default under this Mortgage, Mortgagee may, at its option, after notice required by
law, if any, declare due and payable the entire unpaid balance of the sums which are secured by this Mortgage and O'Ning upon the Note. If Mortgagee so
declares such entire balance due and payable, Mortgagee may take possession of the Property, collect any and all rents, apply said rents to the indebtedness
secured by this Mortgage. foreclose the Mortgage, or take other action upon the Mortgage as permitted or provided by 1~ to collect the balance ~i.ng. If a
mortgage foreclosure action or any other action on this Mortgage is filed by Mortgagee, and/or if Mortgagee takes any aC~lon ~o protect o.r en~e ;ts Interest
in any court, including Bankruptcy Court, Mortgagor agrees to pa~ tn Mnrtgali'ee all eXDen~ and costs of such action, Including, If permmed by law. :'J
reasonable attorneys' fees to the maximum extent permitted by law. 1IIlrrrrrr.. ~
Remedies Cumulative. If any circumstance exists which wo EXHIBIT rate the balance, .Mortgagee may take such .::tion .. 1itI"ry-?~~
time during which SUCh. circumstance continues to e~ist. M. ort~ageE ,; -B- ~ Shall. be cumulatlv~ and net ,afte=~ .~.. .... __ bt'....:~.'.!~
Delay in Enforcement. Mutgagee can delay In enforclOg a D gage or the Note without kIsi:"I ....-:''7:T~.i '. ~
Mortgagee of any proVISIon of this Mortgage or the Note Will not be; j . provision on any <ther QC('.aSK)f1. .0 '~..~.'
Assignment. Mortgagee may sell, transfer or assign this Mort t. it
Lot No. N/A
.
SeYerabili~. If any provision of this Mortgage is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of
the remammg proVISionS of thiS Mortgage.
. W~NE signing of this Mortgage on the date set forth above. intending to be legaliy bound
Witness /, Mortgagor 'X U-4~ fn
Witness L Mortgagor
ACKNOWLEOGMENT lakCf in the STATE of PENNSYLVANIA. COUNTY of tf. vlLu,i-e.,t/ (LJ ,1. I.
'H-\ 111 iU.v' ~ 00 , fl,.B.f'i rrt ( ceo I TIler
On this day of ".~--4' . before me,....I..',L. . ,
""- " d ~ed ffiC'MWhOff,rtlli.~at he/she IS not an officer or director of PNC Bank. Nation I ASSociation). personally appeared
'1-He un er 0 known to me
_ C,'I' . roo
(Of satisfactority proven) to be the person{s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she/they executed
the same for the pU~ therein contained.
<::.JC"'H' Signature In Wi~~\lreof. I hereun~~er:e:; hand and o~ficial seal.
;' --<- " Title .. -- (J - - -
, . ~ .
, ~. .~. --:
.!3/l~
- . "'H~":: I =~:30~~ I
~ :'.>"~.:; I MyCU".,_,ExpI....F~:.:~
. :{r".. Member. Penn.r;ytvanla As9OCiatlOfl oJ No&wl8l
AF~~VIT OF SUBSCRIBING WITNESS [Do not use if Mortgagor(s) acknowledged the Mortgage. Affidavft must be taken in county where Property is located.]
Before me, a notary pUblic (who certifies that he/she is not an officer or director of PNC Bank, National Association), personally appeared
I the sUbscribing witness to the within Mortgage, who being duly sworn
according to law, deposes and says that he/she was personally present at the execution of said Mortgage, saw the within named Mortgagor(s)
and
sign as his/her/their act and deed, and deliver said Mortgage for the purposes therein set forth; and that the name of this deponent affixed thereto as
subscribing witness is of deponents own proper handwriting.
Subscribing Witness
r -....
_ _..--LJ.._
-.-~
Sworn to and'SUbS~\ib.d'.be~;~e:.~i'be recorded
of .
i! _',e; lJl1d County P A
Notary Public .
-~"'. -:-~;--s..~....-:;_ ~~,... _
(; .:-:-'\ '.
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\.~~r
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day
CERTIfiCATE OF RESIDENCE: I,
precise residence is
PNC BANK
2730 L\3E.RTY A\fFNUE
pmSDURGH,PA 15??~
/f)./~.L/ -<../
Rlil~lll>rdere(Df aile:Qrtgagee's
~/ru::;
RECORDED. in the STATE of PENNSYLVANIA, COUNTY of , on this day
of , in the Office of the Recorder of Deeds in and for said County, in Mortgage Book Volume
, ..
o ::..:
..... :-:: '.~
Agent for Mortgagee
, page
WITNESS my hand and the seal of said office the day and year aforesaid.
Recorder
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Date of this Notice: March 19,2003
ELSIE M BROOKS
46 WEST ALLEN ST
MECHANICSBURG, PA 17055
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached Dages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help save vour home.
This Notice explains how the program works.
To see ifHEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv.
The name, address and phone number of Consumer Credit Agencies serving vour County are listed at the end of this
Notice. Ifvou have anv questions, you mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800.342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A
CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION
OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME: ELSIE M BROOKS I THE ESTATE OF DAVID BROOKS I ELSIE M
BROOKS
PROPERTY ADDRESS: 313 E LISBURN RD, MECHANICSBURG, P A 17055
LOAN ACCT. NO.: 040-01-008108859011
ORIGINAL LENDER: PNC
CURRENT LENDERlSERVICER: PNC Bank, NA
A member of The PNC Financial Services
Con,umer Loan Center 2730 Uberty Aven \
EXHIBIT
r-
12
1-.
,.
o PNCBAN<
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGmLE FOR FINANCIAL ASSISTANCE WInCH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGmlLITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- 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 must arrange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED
"HOW TO CURE YOUR MORTGAGE DEF AUL 1"'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of
this meeting. The names. addresses and telephone numbers of designated consumer credit counselin!( agencies for the
county in which the propertY is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
A member of The PNC Financial Services Group
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
o PNCBAN<.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that 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
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETmON IN BANKRUPTCY,
THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date):
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
313 E LISBURN RD, MECHANICSBURG, P A 17055
IS SERIOUSLY IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments in the amounts of$287.61 for each ofthe months from Januarv 2003 through March 2003.
Other charges (explain/itemize): Late Charges for $60.00
TOTAL AMOUNT PAST DUE: $902.83
HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date ofthis notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $902.83. PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made payable and sent
to:
PNC Bank. NA. 2730 Libertv Avenue. 2"d Floor. Mailstop: P5-PWLC-02-I. Pittsburgh. PA 15222
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. Iffull payment of the total amount past due is not made within TIllRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon vonr morteaeed property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required 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 all reasonable attorney fees actually incurred
by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, yOU will not
be required to pav attornev fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other
sums due under the 1}/'illU!~f The PNC Financial Services Group
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
o PNCBAN<.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so bv paving the total amount then past
due, plus anv late or other charges then due, reasonable attornev's fees and costs connected with the foreclosure sale and
anv other costs connected with Sheriff s Sale as specified in writing bv the lender and bv perfonning anv other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted,
EARLIEST POSSmLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual 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 or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: PNC Bank NA
Address: 2730 Liberty Avenue, 2nd Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 15222
Phone Number: (412) 762-1097 or 1-800-878-0027
Contact Person: Sandv Garrubba
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume
the mortgage debt.
YOU MAY ALSO 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.
. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LA WSUlT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
cc: 1st Class U.S. Mail, postage prepaid
CONSUMER CREDI\F~EI\IN@1M;ENCmS'SERVING YOUR COUNTY (see attached)
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
Dale Hayhurst
PNC Bank, National Association
o PNCBAN<
Date of this Notice: March 19,2003
THE ESTATE OF DAVID BROOKS
313 E LISBURN RD
MECHANICSBURG, PA 17055
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help saye vour home.
This Notice explains how the program works.
To see ifHEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Agencies serving vour County are listed at the end of this
Notice. Ifvou have anv questions, yOU may call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you haye any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION
OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME:
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
THE ESTATE OF DAVID BROOKS
313 E LISBURN RD, MECHANICSBURG, P A
040-01-008108859011
17055
A member of The PNC Financial Services Group
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
o PNCBAN<
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
. IF YOU MEET OTHER ELIGffilLITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- 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 must arrange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED
"HOW TO CURE YOUR MORTGAGE DEF AUL T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of
this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the
county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-
face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
A member of The PNC Financial Service!> Group
Consumer Loan Center 2730 Uberty Avenue Pittsburgh Pennsylvania 15222
o PNCBAN<.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives your application. During that 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
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(Jfyou have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it up to date):
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
3 \3 E LISBURN RD, MECHANICSBURG, P A 17055
IS SERIOUSLY IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthlv payments in the amounts of$287.61 for each of the months from Januarv 2003 through LAS\.
Other charges (explain/itemize): Late Charges for $60.00
TOTAL AMOUNT PAST DUE: $902.83
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS ofthe date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $902.83. PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made pavable and sent
to:
PNC Bank. NA, 2730 Libertv Avenue. 2nd Floor. Mailstop: P5-PWLC-02-I. Pittsburl!h. PA 15222
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon vour mort!!a!!ed property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required 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 all reasonable attorney fees actually incurred
by the lender even ifthey exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. Ifvou cure the default within the TIllRTY (30) DAY period. vou will not
be required to pav attornev fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other
sums due under the W~f The PNC Financial Services Group
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
o PNCBAN<.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and
prevent the sale at anv time up to one hour before the Sheriff's Sale. You mav do so bv paving the total amount then past
due. plus anv late or other charges then due. reasonable attomev's fees and costs connected with the foreclosure sale and
anv other costs connected with Sheriff's Sale as specified in writing bv the lender and bv performing anv other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual 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 or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: PNC Bank. NA
Address: 2730 LibertY Avenue. 2nd Floor. Mailstop: P5-PWLC-02-I, Pittsburgh. PA 15222
Phone Number: (412) 76 or 1-800-878-0027
Contact Person: Sandv Garrubba
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume
the mortgage debt.
YOU MAY ALSO 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 TInS DEBT.
· TO HAVE TillS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TillS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
cc: 1 ~ Class U.S. Mail, postage prepaid
CONSUMER CREDHnCll@UNfjDJINGnA:GENCIJil~'lPERVING YOUR COUNTY (see attached)
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
Dale Hayhurst
PNC Bank, National Association
Cumberland County
Urban League of Metro~olitan Harrisburg
2107N6 St
Harrisburg, PA 17101
(717) 234-5925
Fax (717) 232-4985
YWCA of Carlisle
301 G St
Carlisle, PA 17013
(717) 243-3818
Fax (717) 243-3948
Consumer Credit Counseling Service
2000 Linglestown Rd
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Service of Franklin County
31W3,dSt
Waynesboro, PAl 7268
(717) 762-3285
U) U)
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VERI FICA TION
I, John Matlak, Assistant Vice President, and duly authorized representative of
PNC Bank, National Association, deposes and says subject to the penalties of 18 Pa. C.S.A.
~4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing
Complaint in Mortgage Foreclosure are true and correct 'I pon his information and belief.
. ~resident
tional Association
John Matla
Assistant VI
PNC Bank,
BANKfIN:202258-1
000011-113511
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
)
Plaintiff, )
)
vs. )
)
IRENE E. WI EGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
CIVIL DIVISION
No.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
I, John Matlak, Vice President, PNC Bank, National Association, being duly sworn
according to law, hereby depose and say that the Defendant, Irene E. Wiegner, is not a member
of the military service of the United States of America to the best of my knowledge, information,
and belief.
\
r!
John Matla~ Vice President
PNC Bank, ~tional Association
,
Sworn to and subscribed before me
day of J oJ I
,2003.
this 1/ q
Notary Public
My Commission Expires
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03759 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
WIEGNER IRENE E ADMIN ESTATE 0
BRYAN WARD
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
WIEGNER IRENE E ADMIN OF THE ESTATE OF ELSIE M BROOKS the
DEFENDANT , at 1702:00 HOURS, on the 28th day of August ,2003
at 46 ALLEN STREET
MECHANICSBURG, PA 17055
by handing to
IRENE WEIGNER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.90
.00
10.00
.00
34.90
r~~
R. Thomas Kline
09/02/2003
TUCKER ARENS BERG
Sworn and Subscribed to before
By:
~
~)
Sheriff
me this 3.tAL day of
~ .Loo.3 A.D.
, (L D. Jvt.L~O. " . on;:
Itr;;'thonotary ,- I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff ,
No. 03-3759 Civil Term
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
PRAECIPE FOR DEFAULT JUDGMENT
IN MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of PNC BANK, NATIONAL
ASSOCIATION, Plaintiff
Counsel of record for this party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
Telephone: (412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
IRENE E. WI EGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendants. )
CIVIL DIVISION
No. 03-3759 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE
TO: Prothonotary
Kindly enter Judgment against Defendant above named in default of an Answer, in the
amount of $30,432.49, plus continuing interest at the contract rate together with late charges,
costs of suit and attorney fees on the declining balance computed as follows:
Amount claimed in Complain!........................................... $ 29,586.53
Interest from 06/06/03 to 10/06/03
@ $6.2273 per diem ......................................................
Late Charges ($20.00/mo. for months of
July 2003 through October 2003) ....................................
765.96
80.00
TOTAL....................................,.................................. ....... $ 30,432.49
I hereby certify that the appropriate Notice of Default, as attached has been mailed in accordance
with PA R.C.P. 237.1 on the date indicated on the Notice.
Bre 'A. Solomon, Esquire
Attorney for PNC Bank, National
Association, Plaintiff
Plaintiff: PNC Bank, National Association
c/o TUCKER ARENSBERG. P .C., 1500 One PPG Place, Pittsburgh, PA 15222
Defendant: Irene E. Wiegner, 46 West Allen Street, Mechanicsburg, PA 17055
BANK_FIN:207409-100oo11-113511
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
IRENE E. WIEGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendants. )
CIVIL DIVISION
No. 03-3759 Civil Term
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
DATE OF NOTICE: September 23,2003
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
WESTMORELAND COUNTY BAR ASSOCIATION
129 North Pennsylvania Avenue
Greensburg, PA 15601
724-834-8490
Brett A. olomon, Esquire
Attorneys for Plaintiff, PNC Bank, National
Association
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Notice was served upon the Defendant, Irene E. Wiegner,
by depositing thereof in the United States mail, first class postage prepaid, on the 23.0 day of
September, 2003, at the following address:
Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
G, P.C.
rett A. Solomon, Esquire
Attorneys for Plaintiff, PNC Bank,
National Association
BANK_FIN:207392-1
000011-113511
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
IRENE E. WI EGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendants. )
CIVIL DIVISION
No. 03-3759 Civil Term
NOTICE OF JUDGMENT
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you
on Of':\-.
~l
, 2003 in the amount of $30,432.49 plus continuing interest at
the contract rate together with costs, late charges, and attorneys fees.
~~1;,4J ~ ~
BANK.FIN:207409-1
000011-113511
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
IRENE E. WI EGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendants. )
CIVIL DIVISION
No. 03-3759 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS:
I, Brett A. Solomon, being duly sworn according to law, hereby depose and say that the
Defendant, Irene E. Wiegner, are not -members of the mil' serv' f the United States of
America to the best of my knowledge, information, and eli f,
Swo91.!o and subscrib~efpr~A'le
this .oI~ day of ~/\, 2003.
~fl\ll~
COMMONWEALTH OF PENNSYL\l:l
\ Notanal Seal
Kelly J Mlzak, Notary Public
My Commission Expires: C,ty of P;ttsbur"", Allegheny County
My Commission Expires May 23. 200'
Member, Pennsylvenle Assocletlon of NolOl'les BANK.FIN:207409-1 000011-113511
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OFTHE ESTATE OF ELSIE M. BROOKS,
PRAECIPE FOR WRIT OF EXECUTION IN
MORTGAGE FORECLOSURE
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa.I.O.No.83746
TUCKER ARENS BERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
313 E. Lisburn Road
Mechaniscburg, PA 17055
Township of Upper Allen
Tax J.D. No. 42-11-0274-015
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
)
) SS:
)
I, Brett A. Solomon, Esquire, being duly sworn according to law, hereby depose and say
that the Defendant, Irene E. Wiegner, is not a member of the military service of the United
Sworn to and subscribed before me
this ~ -+h day of tJ O('Q.Jn1C) 0/\, 2003.
Nota~ ~I ~ rn~-:::~ """"l
My Commission Expires: I CityK:il~:"=-::~~ly
My CommissIOn Expires May 23, 200'
-.-, Pennsylvonla _ of N_
BANKJIN:211877-100oo11-113511
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 03-3759 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From IRENE E. WIEGNER, ADMINISTRATOR OF THE ESTATE OF ELSIE M. BROOKS
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNlSHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $30,432.49
LL $.50
Interest FROM 10/7/03 THROUGH 3/3/04 AT $6.2273 PER DIEM - $927.87
Atty's Conun % Due Prothy $1.00
Atty Paid $II6.90 Other Costs LATE CHARGES ($20.00/MO. FOR
lI/03 TO 3/04 - - $1.00 ---- ATTORNEY'S FEES AND COSTS - $3,036.05
Plaintiff Paid
Date: DECEMBER 12, 2003
CURTIS R. LONG
(Seal)
Prothonot~ p 71t
~ 0n..,.-,- _. Cfl~
Deputy
REQUESTING PARTY:
Name BRETT A. SOLOMON, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-566-1212
Supreme Court ID No. 83746
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract or piece of land situate in Upper Allen Township, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
BEGINNING at a point in center of the Lisburn Road, at line of lands now or formerly of
the grantors; thence north forty-five degrees twenty-two minutes west (450 22" W.) one hundred
fifty-three and four tenths (153.4') feet to an iron pin on the right of way of the P. H. & P. R. R.;
thence along the right of way of the said railway north forty-two degrees fifty-five minutes east
(42055" E.) eighty four feet (84') to an iron pin; thence south forty one degrees fifteen minutes
east (410 15" E.) one hundred seventy-one and five tenths feet (171.5') to a point in the center
of the Lisburn Road; and thence along this center of the Lisburn Road south sixty-four degrees
thirty minutes west (640 30' W.) fifty feet (50') to a point; the place of beginning.
CONTAINING twenty-one hundredths (.21) of an acre neas measure.
UNDER AND SUBJECT to reservations, restrictions, easements and rights of way as
recorded in prior instruments of record.
BEING the same premises which Norman H. Keck and Edna V. Keck, his wife, by their
Deed dated October 3.1952 and recorded in the Recorder's Office of Cumberland County,
Pennsylvania on January 11, 1955, in Deed Book Volume 16E, page 421, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wife.
BLOCK AND LOT #42-11-0274-015
Brett A. Solomon, Esquire
-4-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff ,
No. 03-3759 Civil Term
vs.
AFFIDAVIT PURSUANT TO PA. R.C.P.
3129.1
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa.I.D.No.83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ANTOINETTE MCKAIN,
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker
Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the
following information concerning the real property located in the Township of Upper Allen,
County of Cumberland and Commonwealth of Pennsylvania:
1. Name and address of the Owner or Reputed Owner:
ALL KNOWN AND UNKNOWN HEIRS
OF THE ESTATE OF ELSIE M. BROOKS
c/o Irene E, Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
2. Name and address of Defendants in the judgment:
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
4. Name and address of last recorded holder of every mortgage of record:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA15222
5. Name and address of every other person who has any record lien on their
property:
UNKNOWN
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
CUMBERLAND COUNTY
TREASURER
1 Courthouse Square
Carlisle, PA 17013
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 Courthouse Square
Carlisle, PA 17013
TOWNSHIP OF UPPER ALLEN
TAX COLLECTOR
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
MECHANICSBURG AREA SCHOOL
DISTRICT TAX COLLECTOR
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
CUMBERLAND COUNTY TAX
COLLECTOR
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
COMMONWEALTH OF PA
DEPARTMENT OF REVENUE
P.O. 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:
UNKNOWN
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is being sold under this execution.
No person or entity is entitled to rely on any statements made herein in regard to the condition
of the title of the property or to rely on any statement herein in formulating bids which might be
made at the sale of the property.
-2-
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: \ \ ~7.. 5- 0 3
BY:~
Brett A. Solomon, Esquire
Attorney for Plaintiff
swor~~ subscrib.6\l be~.:~~_
this day of 1\'r1;<::f,\I.,w'\, 2003.
Not~\ L-\ ~\?o..L
My Commission Expires:
~O!'iWBALTH F P~SYL
lCelIYJ.:ariafSeal .
City of p;",rn.:;: No<8IJ' Publ..
My Commiss; Allegheny Cowuy
on Expires May 23, 200$
MembOf, Pennsyfvenla Association of NOf8riN
BANK_FIN:21 1877-1 000011-113511
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
AFFIDAVIT OF ACT 6
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OFTHE ESTATE OF ELSIE M. BROOKS,
Defendant.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
)
)
)
SS:
Before me, a Notary Public, personally appeared Brett A. Solomon, Esquire, being duly
sworn, deposes and says:
THAT Notice of PNC Bank, National Association, intention to foreclose, pursuant to 41
Swor~~nd subscribEjQ, before me
this .:'l dayof \...)o~~2003.
~OQAI g0\\7oi
Notary Public ~TH OP P!NNSYLVANIA
... I Notarial Se.1
My CommisSion Expires: Kelly 1. Mizok. Not"" Public
Oty of Pittsburgh, Allegheny County
My Commission Expires May 23, 2005
Member, Pennsvlvania Association of Nomries
BANK_FIN:211877-1000011-113511
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
AFFIDAVIT OF ACT 91
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa.I.D.No.83746
TUCKER ARENSBERG, P.C,
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
)
) SS:
)
Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and
County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and
says:
THAT Notice pursuant to 35 P.S. ~1680.403 (Homeowner's Emergency Mortgage
Assistance Act of 1983 -- Act 91 of 1983) was given to Defen nt on 0 out March 19,2003.
Sworn to and subscribeli..before me
this 6~ day of l. \() ~2003.
J.. ~~. C) \r\ vd.\(
~o~~;ili\c
Brett A. Solomon, Esquire
ONYmALTl:I F P
J;oI8rial Seal
Kelly! Miuk. ~~WltY
City of p;",burJh-, ".~ 23. 1005
My ComrrnplW ~teS
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My Commission Expires:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
AFFIDAVIT OF LAST KNOWN ADDRESS
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa.I.D.No.83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
)
Plaintiff, ) No. 03-3759 Civil Term
)
vs. )
)
IRENE E. WIEGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT
Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and
County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and
says as follows:
1. That he is counsel for the Plaintiff in the above referenced matter.
2. That to the best of his knowledge, information and belief, the last known address
of Defendant is 46 West Allen Street, Mechanicsburg, Pennsylvania 17055.
~w; G, P.C.
Brett . Solomon, Esquire
Attorney for Plaintiff
Sworn t~d subscribw before me
this '5 day of \. 'lee~. 2003.
~ CJ\r\\7ni
Notary Public
rMMONWBALTH OF PENNSYl;l
KotIrioIhol
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
)
Plaintiff, ) No. 03-3759 Civil Term
)
vs. )
)
IRENE E. WI EGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLE ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on March 3, 2004, at 10:00 AM, the following described real estate, of which All Known and
Unknown Heirs of Elsie M. Brooks are the owner or reputed owner: Please see attached
description of property.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
IRENE E. WI EGNER, ADMINISRTATOR
OF THE ESTATE OF ELSIE M. BROOKS
at Ex. No. 03-3759 Civil Term in the amount of $34,496.41.
Claims against property must be filed at the Office of the Sheriff before the above sale
date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution
is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is
a judgment against you. It may cause your property to be held or taken to pay the judgment.
You may have legal rights to prevent your property from being taken. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, YOU must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)-249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or
objection you might have within twenty (20) days after service of the Complaint in Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse for
failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a
valid return of service of the Complaint and Notice to Defend or if the judgment was entered
before twenty (20) days after service or in certain other events. To exercise this right you would
have to file a petition to strike the judgment.
-2-
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any
other legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
~
Brett A. Solomon. Esquire
Pa. I.D. No. 83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorneys for PNC Bank, National Association,
Plaintiff
BANK..FIN:211877-1 000011-113511
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract or piece of land situate in Upper Allen Township, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
BEGINNING at a point in center of the Lisburn Road, at line of lands now or formerly of
the grantors; thence north forty-five degrees twenty-two minutes west (450 22" W.) one hundred
fifty-three and four tenths (153.4') feet to an iron pin on the right of way of the P. H. & P. R. R.;
thence along the right of way of the said railway north forty-two degrees fifty-five minutes east
(42055" E.) eighty four feet (84') to an iron pin; thence south forty one degrees fifteen minutes
east (41015" E.) one hundred seventy-one and five tenths feet (171.5') to a point in the center
of the Lisburn Road; and thence along this center of the Lisburn Road south sixty-four degrees
thirty minutes west (640 30" W.) fifty feet (50') to a point; the place of beginning.
CONTAINING twenty-one hundredths (.21) of an acre neas measure.
UNDER AND SUBJECT to reservations, restrictions, easements and rights of way as
recorded in prior instruments of record.
BEING the same premises which Norman H. Keck and Edna V. Keck, his wife, by their
Deed dated October 3,1952 and recorded in the Recorder's Office of Cumberland County,
Pennsylvania on January 11, 1955, in Deed Book Volume 16E, page 421, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wife.
BLOCK AND LOT #42-11-0274-015
Brett A. Solomon, Esquire
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03-3759 Civil Term
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-37E>9 Civil Term
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE BROOKS,
VERIFICATION OF SERVICE OF NOTICE
OF SALE TO DEFENDANTS AND LIEN
CREDITOI'lS PURSUANT TO PA. R.C.P.
3129
vs.
Defendant.
Filed on bElhalf of PNC BANK,
NATIONAL ASSOCIATION, Plaintiff
Counsel 01 record for this party:
Brett A. Solomon, Esquire
Pa. 1.0. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
SALE DATE: June 9, 2004
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff ,
)
)
)
)
)
)
)
)
)
)
No, 03-3759 Civil Term
CIVIL DIVISION
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE BROOKS,
Defendant.
VERIFICATION OF SERVICE OF NOTICE OF SALE
TO DEFENDANTS AND LIEN CREDITORS
The undersigned does hereby certify that servicl9 of the Notice of Sale was
completed on Defendant, Irene E. Wiegner, by The Office of the Sheriff of Cumberland County
by handing a copy of said notice to Defendant personally at her place of residence on the 4th
Day of March, 2004. A copy of the Sheriff's Return is attached hereto as Exhibit "A".
The undersigned further certifies that the undersigned personally mailed a copy of the
Notice of Sale in the above captioned matter by Certificate of Mailing (P.S. Form #3817) to all
Form 3817 attached hereto as Exhibit "B".
Sworn to ant sUbscrib~~
me this 2L; day of , 2004.
yy...<l-~a-., 5~ "". \-
Notary Publi<;/
My com~ion Expires:
~
BANK_FIN:222480-1
Noiarfal sei>l
Clly~S"" s.a/~av..tlokuy Public
-"'91>, Allegheny CouT\ly
Commlll'o" E "ire. Oct 31. 2005.
PNC Bank, National Association
VS
Irene E. Wi egner, Administrator of the
Estate of Elsie M, Brooks
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-3759 Civil Term
CpI. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law,
states that on March 04, 2004 at 6:29 o'clock PM, 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: Irene E. Wiegner, Administrator of the Estate of Elsie M,
Brooks, by making known unto Irene E. Wi egner, personally, at 46 West Allen Street,
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 April 07, 2004 at 5:20 o'clock P.M., she posted a tme copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Irene E, Wiegner, Administrator of the Estate of Elsie M. Brooks located at
3 I 3 E. Lisburn Road, Mechanicsburg, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Irene E. Wi egner, Administrator of the Estate of Elsie M. Brooks, by
regular mail to her last known address of 46 West Allen Str1eet, Mechanicsburg, P A
17055. This letter was mailed under the date of April 06, 2004 and never returned to the
Sheriffs Office.
Sworn and subscribed to before me
This _ day of
s~Y_ ;(}~
L_.~~ -
R. Thomas Kline, S enfr
BY" J~ rJ d.k t~
Rea~puty
2004, A.D.
Prothonotary
I
EXHIBIT
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
)
Plaintiff, ) No. 03-3759 Civil Term
)
vs. )
)
IRENE E. WI EGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
NOTICE OF SHERIFF'S SALE OF RE.~L ESTATE
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLE FIOOM
ONE COURTHOUSE SQUAFlE
CARLISLE, PA 17013
on Wednesday, June 9, 2004, at 10:00 AM, the following described real estate, of which All
Known and Unknown Heirs of Elsie M. Brooks are the owner or reputed owner: Please see
attached description of property.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
IRENE E. WIEGNER, ADMINISRTATOR
OF THE ESTATE OF ELSIE M. BFIOOKS
at Ex. No. 03-3759 Civil Term in the amount of $34,496.41.
date.
Claims against property must be filed at the Office of the Sheriff before the above sale
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution
is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is
a judgment against you. It may cause your property to be held or taken to pay the judgment.
You may have legal rights to prevent your property from being taken. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, vou must act oromotlv.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR: CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)-249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file wiith the Court any defense or
objection you might have within twenty (20) days after service of the Complaint in Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse for
failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a
valid return of service of the Complaint and Notice to Defend or if the judgment was entered
before twenty (20) days after service or in certain other events.. To exercise this right you would
have to file a petition to strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstfate any
other legal or equitable right. -
YOU MAY ALSO HAVE THE RIGHTTO HAVE THE SHERIFF'S SALE SET ASIDE IF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS FliGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
tltt-%---
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorneys for PNG Bank, National Association,
Plaintiff
BANK.FIN:21557,., 000011-113511
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EXHIBIT
!B
TUCKERIAREli~~W~~
January 19, 2004
Cumberland County Treasurer
1 Courthouse Square
Carlisle, PA 17013
Suggested Reference: Tax Parcel No. 42-11-0274-015
Re: PNC Bank, National Association vs. Irene E. Wiegner, Administratrix of the
Estate of Elsie M. Brooks
No. 03-3759 Civil Term in the Court of Common Pleas of Cumberland County
NOTICE TO LIENHOLDER:
Dear Lienholder:
TAKE NOTICE: YOU ARE HEREBY NOTIFIED THAT PNC BANK, NATIONAL
ASSOCIATION HAS ENTERED JUDGMENT ON A COMPLAINT IN MORTGAGE
FORECLOSURE AGAINST THE ABOVE MENTIONED PERSON(S) AND HAS ISSUED A
WRIT OF EXECUTION AT NO. 03-3759 CIVIL TERM, AND THAT THE SHERIFF OF
CUMBERLAND COUNTY HAS SCHEDULED A SHERIFF'S SALE ON SAID EXECUTION
FOR WEDNESDAY, JUNE 9, 2004 AT 10:00 AM PREVAILING TIME, AT THE
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR: JURY ASSEMBLY ROOM, ONE
COURTHOUSE SQUARE, CARLISLE, PA 17013. THE PROPERTY UPON WHICH
EXECUTION WAS ISSUED IS SITUATED IN THE TOWNSHIP OF UPPER ALLEN, IN
THE COUNTY OF CUMBERLAND, WITH AN ADDRESS OF 313 E. L1SBURN ROAD,
MECHANICSBURG, PA 17055. SEE ATTACHED COPY OF COMPLETE
DESCRIPTION.
A SCHEDULE OF DISTRIBUTION WILL BE FILED BY THE SHERIFF ON A DATE
SPECIFIED BY THE SHERIFF NOT LATER THAN THIRTY (30) DAYS AFTER SALE.
DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS
EXCEPTIONS ARE FILED THERETO WITHIN TEN (10) DAYS AFTER THE FILING OF
THE SCHEDULE.
YOU ARE A LIENHOLDER OF RECORD FOR ANY DELINQUENT TAXES THAT MAY
BE DUE. JUDGMENT HAS BEEN ENTERED IN THE AMOUNT OF $34,496.41, PLUS
INTEREST TO THE DATE OF SHERIFF'S SALE TOGETHER WITH LATE CHARGES
AND ALL COSTS OF SUIT.
Brett A. Solomon, Esquire
Enclosure
BANK_FIN:215571-1oo001,.,13511
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619 www.tuckerlaw.com
TUCKERIARE~~~W~$:
January 19,2004
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Suggested Reference: Tax Parcel No. 42-11-0274-015
Re: PNC Bank, National Association VS. Irene E. Wiegner, Administratrix of the
Estate of Elsie M. Brooks
No. 03-3759 Civil Term in the Court of Common Pleas of Cumberland County
NOTICE TO LIENHOLDIER:
Dear Lienholder:
TAKE NOTICE: YOU ARE HEREBY NOTIFIED THAT PNC BANK, NATIONAL
ASSOCIATION HAS ENTERED JUDGMENT ON A COMPLAINT IN MORTGAGE
FORECLOSURE AGAINST THE ABOVE MENTIONED PERSON(S) AND HAS ISSUED A
WRIT OF EXECUTION AT NO. 03-3759 CIVIL TERM, AND THAT THE SHERIFF OF
CUMBERLAND COUNTY HAS SCHEDULED A SHERIFF'S SALE ON SAID EXECUTION
FOR WEDNESDAY, JUNE 9, 2004 AT 10:00 AM PREVAILING TIME, AT THE
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOFll JURY ASSEMBLY ROOM, ONE
COURTHOUSE SQUARE, CARLISLE, PA 17013. THE PROPERTY UPON WHICH
EXECUTION WAS ISSUED IS SITUATED IN THE TOWNSHIP OF UPPER ALLEN, IN
THE COUNTY OF CUMBERLAND, WITH AN ADDRESS OF 313 E. L1SBURN ROAD,
MECHANICSBURG, PA 17055. SEE ATTACHED COPY OF COMPLETE
DESCRIPTION.
A SCHEDULE OF DISTRIBUTION WILL BE FILED BY THE SHERIFF ON A DATE
SPECIFIED BY THE SHERIFF NOT LATER THAN THIRTY (30) DAYS AFTER SALE.
DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS
EXCEPTIONS ARE FILED THERETO WITHIN TEN (10) DAYS AFTER THE FILING OF
THE SCHEDULE.
YOU ARE A LIENHOLDER OF RECORD FOR ANY DELINQUENT TAXES THAT MAY
BE DUE. JUDGMENT HAS BEEN ENTERED IN THE AMOUNT OF $34,496.41, PLUS
INTEREST TO THE DATE OF SHERIFF'S SALE TOGETHER WITH LATE CHARGES
AND ALL COSTS OF SUIT,
Very truly yours,
Tfii EN
Brett A. Solomon, Esquire
Enclosure
BANK_FIN:215571-10ooo11-113511
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619 www.tuckerlaw.com
TUCKERIARE~~Pofn~~
January 19,2004
Township of Upper Allen Tax Collector
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
Suggested Reference: Tax Parcel No. 42-11-0274-015
Re: PNC Bank, National Association vs. Irene E. Wiegner, Administratrix of the
Estate of Elsie M. Brooks
No. 03-3759 Civil Term in the Court of Common Pleas of Cumberland County
NOTICE TO LIENHOLDIER:
Dear Lienholder:
TAKE NOTICE: YOU ARE HEREBY NOTIFIED THAT PNC BANK, NATIONAL
ASSOCIATION HAS ENTERED JUDGMENT ON A COMPLAINT IN MORTGAGE
FORECLOSURE AGAINST THE ABOVE MENTIONED PERSON(S) AND HAS ISSUED A
WRIT OF EXECUTION AT NO. 03-3759 CIVIL TERM, AND THAT THE SHERIFF OF
CUMBERLAND COUNTY HAS SCHEDULED A SHERIFF'S SALE ON SAID EXECUTION
FOR WEDNESDAY, JUNE 9, 2004 AT 10:00 AM PREVAILING TIME, AT THE
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOFI JURY ASSEMBLY ROOM, ONE
COURTHOUSE SQUARE, CARLISLE, PA 17013. THE PROPERTY UPON WHICH
EXECUTION WAS ISSUED IS SITUATED IN THE TOWNSHIP OF UPPER ALLEN, IN
THE COUNTY OF CUMBERLAND, WITH AN ADDRESS OF 313 E. L1SBURN ROAD,
MECHANICSBURG, PA 17055. SEE ATTACHED COPY OF COMPLETE
DESCRIPTION.
A SCHEDULE OF DISTRIBUTION WILL BE FILED BY THE SHERIFF ON A DATE
SPECIFIED BY THE SHERIFF NOT LATER THAN THIRTY (30) DAYS AFTER SALE.
DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS
EXCEPTIONS ARE FILED THERETO WITHIN TEN (10) DAYS AFTER THE FILING OF
THE SCHEDULE.
YOU ARE A LIENHOLDER OF RECORD FOR ANY DELINQUENT TAXES THAT MAY'
BE DUE. JUDGMENT HAS BEEN ENTERED IN THE AMOUNT OF $34,496.41, PLUS
INTEREST TO THE DATE OF SHERIFF'S SALE TOGETHER WITH LATE CHARGES
AND ALL COSTS OF SUIT.
Enclosure
BANK_FIN:21557'" 00001,., 1351 1
Tucker Arensberg, P,C. 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619 www.tuckerlaw.com
TUCKERIAREN;,~~~~~
January 19,2004
Mechanicsburg Area School District Tax Collector
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
Suggested Reference: Tax Parcel No. 42-11-0274-015
Re: PNC Bank, National Association vs. Irene E. Wiegner, Administratrix of the
Estate of Elsie M. Brooks
No. 03-3759 Civil Term in the Court of Common Pleas of Cumberland County
NOTICE TO LIENHOLDI:R:
Dear Lienholder:
TAKE NOTICE: YOU ARE HEREBY NOTIFIED THAT PNC BANK, NATIONAL
ASSOCIATION HAS ENTERED JUDGMENT ON A COMPLAINT IN MORTGAGE
FORECLOSURE AGAINST THE ABOVE MENTIONED PERSON(S) AND HAS ISSUED A
WRIT OF EXECUTION AT NO. 03-3759 CIVIL TERM, AND THAT THE SHERIFF OF
CUMBERLAND COUNTY HAS SCHEDULED A SHERIFF'S SALE ON SAID EXECUTION
FOR WEDNESDAY, JUNE 9, 2004 AT 10:00 AM PREVAILING TIME, AT THE
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOH JURY ASSEMBLY ROOM, ONE
COURTHOUSE SQUARE, CARLISLE, PA 17013. THE PROPERTY UPON WHICH
EXECUTION WAS ISSUED IS SITUATED IN THE TOWNSHIP OF UPPER ALLEN, IN
THE COUNTY OF CUMBERLAND, WITH AN ADDRESS OF 313 E. L1SBURN ROAD,
MECHANICSBURG, PA 17055. SEE ATTACHED COPY OF COMPLETE
DESCRIPTION.
A SCHEDULE OF DISTRIBUTION WILL BE FILED BY THE SHERIFF ON A DATE
SPECIFIED BY THE SHERIFF NOT LATER THAN THIRTY (30) DAYS AFTER SALE.
DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS
EXCEPTIONS ARE FILED THERETO WITHIN TEN (10) DAYS AFTER THE FILING OF
THE SCHEDULE.
YOU ARE A LIENHOLDER OF RECORD FOR ANY DELINQUENT TAXES THAT MAY
BE DUE. JUDGMENT HAS BEEN ENTERED IN THE AMOUNT OF $34,496.41, PLUS
INTEREST TO THE DATE OF SHERIFF'S SALE TOGETHER WITH LATE CHARGES
AND ALL COSTS OF SUIT.
Brett A. Solomon, Esquire
Enclosure
BANK_FIN:215571.1 00001 H 13511
Tucker Arensberg, P,C. 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619 www.tuckerlaw.com
TUCKERIAREli~~fn~~
January 19, 2004
Cumberland County Tax Collector
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
Suggested Reference: Tax Parcel No. 42-11-0274-015
Re: PNC Bank, National Association vs. Irene E. Wiegner, Administratrix of the
Estate of Elsie M. Brooks
No. 03-3759 Civil Term in the Court of Common Pleas of Cumberland County
NOTICE TO LIENHOLDER:
Dear Lienholder:
TAKE NOTICE: YOU ARE HEREBY NOTIFIED THAT PNC BANK, NATIONAL
ASSOCIATION HAS ENTERED JUDGMENT ON A COMPLAINT IN MORTGAGE
FORECLOSURE AGAINST THE ABOVE MENTIONED PERSON(S) AND HAS ISSUED A
WRIT OF EXECUTION AT NO. 03-3759 CIVIL TERM, AND THAT THE SHERIFF OF
CUMBERLAND COUNTY HAS SCHEDULED A SHERIFF'S SALE ON SAID EXECUTION
FOR WEDNESDAY, JUNE 9, 2004 AT 10:00 AM PREVAILING TIME, AT THE
CUMBERLAND COUNTY COURTHOUSE. 4th FLOOR: JURY ASSEMBLY ROOM, ONE
COURTHOUSE SQUARE, CARLISLE, PA 17013. THE PROPERTY UPON WHICH
EXECUTION WAS ISSUED IS SITUATED IN THE TOWNSHIP OF UPPER ALLEN, IN
THE COUNTY OF CUMBERLAND, WITH AN ADDRESS OF 313 E. L1SBURN ROAD,
MECHANICSBURG, PA 17055. SEE ATTACHED COPY OF COMPLETE
DESCRIPTION.
A SCHEDULE OF DISTRIBUTION WILL BE FILED BY THE SHERIFF ON A DATE
SPECIFIED BY THE SHERIFF NOT LATER THAN THIRTY (30) DAYS AFTER SALE.
DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS
EXCEPTIONS ARE FILED THERETO WITHIN TEN (10) DAYS AFTER THE FILING OF
THE SCHEDULE.
YOU ARE A LIENHOLDER OF RECORD FOR ANY DELINQUENT TAXES THAT MAY
BE DUE. JUDGMENT HAS BEEN ENTERED IN THE AMOUNT OF $34,496.41, PLUS
INTEREST TO THE DATE OF SHERIFF'S SALE TOGETHER WITH LATE CHARGES
AND ALL COSTS OF SUIT.
Enclosure
BANK_FIN:21557'" 000011-113511
Tucker Arensberg, PC. 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f.412.594.5619 www.tuckerlaw.com
TUCKERIARE~~~~l~~
.January 19, 2004
Commonwealth of Pennsylvania
Department of Revenue
P.O. Box 2675
Harrisburg, PA 17105
Suggested Reference: Tax Parcel No. 42-11-0274-015
Re: PNC Bank, National Association vs. Irene E. Wiegner, Administratrix of the
Estate of Elsie M. Brooks
No. 03-3759 Civil Term in the Court of Common Pleas of Cumberland County
NOTICE TO LIENHOLDER
Dear Lienholder:
TAKE NOTICE: YOU ARE HEREBY NOTIFIED THAT PNC BANK, NATIONAL
ASSOCIATION HAS ENTERED JUDGMENT ON A COMPLAINT IN MORTGAGE
FORECLOSURE AGAINST THE ABOVE MENTIONED PERSON(S) AND HAS ISSUED A
WRIT OF EXECUTION AT NO. 03-3759 CIVIL TERM, AND THAT THE SHERIFF OF
CUMBERLAND COUNTY HAS SCHEDULED A SHERIFF'S SALE ON SAID EXECUTION
FOR WEDNESDAY, JUNE 9, 2004 AT 10:00 AM PREVAILING TIME, AT THE
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOf1: JURY ASSEMBLY ROOM, ONE
COURTHOUSE SQUARE, CARLISLE, PA 17013. THE PROPERTY UPON WHICH
EXECUTION WAS ISSUED IS SITUATED IN THE TOWNSHIP OF UPPER ALLEN, IN
THE COUNTY OF CUMBERLAND, WITH AN ADDRESS OF 313 E. L1SBURN ROAD,
MECHANICSBURG, PA 17055, SEE ATTACHED COPY OF COMPLETE
DESCRIPTION.
A SCHEDULE OF DISTRIBUTION WILL BE FILED BY THE SHERIFF ON A DATE
SPECIFIED BY THE SHERIFF NOT LATER THAN THIRTY (30) DAYS AFTER SALE.
DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS
EXCEPTIONS ARE FILED THERETO WITHIN TEN (1.0) DAYS AFTER THE FILING OF
THE SCHEDULE.
YOU ARE A LIENHOLDER OF RECORD FOR ANY DELINQUENT TAXES THAT MAY
BE DUE. JUDGMENT HAS BEEN ENTERED IN THE AMOUNT OF $34,496.41, PLUS
INTEREST TO THE DATE OF SHERIFF'S SALE TOGETHER WITH LATE CHARGES
AND ALL COSTS OF SUIT.
Very truly yours,
TUCKEXN:ERG, P,C,
/}t( .-
Brett A. Solomon, Esquire
Enclosure
BANK_FIN:21557H 000011-113511
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p.412.566.1212 f. 412.594.5619 www.tuckerlaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
) CIVIL DIVISION
)
) No. 03-375EI Civil Term
)
)
)
)
)
)
)
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract or piece of land situate in Upper Allen Township, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
BEGINNING at a point in center of the Lisburn Road, at line of lands now or formerly of
the grantors; thence north forty-five,degrees twenty-two minutes west (450 22" W.) one hundred
fifty-three and four tenths (153.4') feet to an iron pin on the right of way of the P. H. & P. R. R.;
thence along the right of way of the said railway north forty-twQ degrees fifty-five minutes east
(42055" E.) eighty four feet (84') to an iron pin; thence south forty one degrees fifteen minutes
east (410 15" E.) one hundred seventy-one and five tenths feet (171.5') to a point in the center
of the Lisburn Road; and thence along this center of the Lisbum Road south sixty-four degrees
thirty minutes west (640 30" W.) fifty feet (50') to a point; the place of beginning.
CONTAINING twenty-one hundredths (.21) of an acre neas measure.
UNDER AND SUBJECT to reservations, restrictions, oasements and rights of way as
recorded in prior instruments of record.
BEING the same premises which Norman H. Keck and Edna V. Keck, his wife, by their
Deed dated October 3,1952 and recorded in the Recorder's Office of Cumberland County,
Pennsylvania on January 11, 1955, in Deed Book Volume 16E, page 421, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wifEl.
BLOCK AND LOT #42-11-0274-015
~
Brett A. Solomon, Esquire
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PNC Bank, National Association
VS
Irene E. Wiegner, Administrator of the
Estate of Elsie M. Brooks
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-3759 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Brett Solomon. The purchaser on
June 9, 2004, James M. Bach, did not comply with the terms of sale. Therefore, the ten
percent deposit paid by James M. l3ach was forfeited and the property was resold on June
30,2004. The purchaser on June 30, 2004, Attorney Leon P. Haller, did not comply with
the terms of sale, Therefore, the ten percent deposit paid by Attorney Leon P. Haller was
forfeited,
Sheriffs Costs:
Docketing
Poundage
Posting Handbills
Advertising
Auctioneer
Law Library
Prothonotary
Levy
Mileage
Surcharge
Law Journal
Patriot News
Distribution of Proceeds
Share of Bills
30.00
1742.00
15,00
15,00
20,00
.50
1.00
15.00
13.80
20.00
279.35
290.20
25.00
29.26
2496.11
Sworn and subscribed to before me So AnS~
This 11e day of ~~ r'J. -,~
eft - - R, T.homas Kline, Sheriff..
2004, A.D. "'-<-- r2 ~J~ I ('\ - d
ByU(JrlLl~
Prothonotary Real Es'tJe Deputy
.. ,.. ~
SCHEDULE OF DISTRIBUTION
SALE NO. 41
Date Filed: July 30, 2004
Writ No. 2003-3759 Civil Term
PNC Bank, National Association
VS
Irene E. Wi egner, Administrator of the Estate of Elsie M. Brooks
Sale Date:
Buyer:
Bid Price:
June 09, 2004
James M. Bach
$60,100,00
Purchaser, James M. Bach, did not comply with the terms of sale as announced on June
09,2004; therefore, James M. Bach forfeited his ten percent deposit of$6,01O.00 and the
property was scheduled for resale on June 30, 2004.
Sale Date:
Buyer:
Bid Price:
June 30, 2004
Leon P. Haller
$27,000.00
Purchaser, Leon P. Haller, did not comply with the terms of sale as announced on June
30, 2004; therefore, Leon P. Haller forfeited his ten percent deposit of $2,700,00 and the
property was scheduled for resale on July 21, 2004.
Real Debt:
Interest:
Attorney Costs:
Late Charges:
Attorney's fees & costs:
$30,432.49
927,87
116.90
100.00
3,036.05
Total:
$34,613.31
. \.1% l./1.g$D /
-~ ~ Lj01i
~ /51.(
. '"'" "I
DISTRIBUTION:
Receipts:
Cash on account (03/02/04):
Cash on account (06/09/04):
Cash on account (06/30/04):
Total Receipts:
$ 1,000.00
6,010.00
2,700.00
Disbursements:
Sheriff's Costs
Legal Search
Cumberland County Tax Claim Bureau
Marlin Yohn, Tax Collector
Attorney Brett Solomon
PNC Bank, National Association
Total Disbursements:
Balance for distribution:
So Answers:
r~ l-t:~--..,
R. Thomas Kline
Sheriff
$9,710.00
$ 2,496.11
400.00
1,387.77
1,314.52
1,500.00
2,611.60
($9,710.00)
0.00
. '
'l ''-
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 41
Held Wednesday, June 9, 2004
Date: July 11, 2004
TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year
2004.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated ,2004, and recorded
, 2004, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Norman H. Keck and Edna V. Keck, his wife, by
deed dated October 3, 1952 recorded October 3, 1952 in the Office of the Recorder of Deeds in
and for Cumberland County. at Carlisle Pennsylvania. in Deed Book "E," Volume 16, Page 421,
granted and conveyed to David W. Brooks and Elsie M. Brooks, his wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of Lisburn Road.
., -
6. Rights in railroad right-of-way forming a portion of the property line for a portion of
the subject premises.
7. Mortgage in the amount of $30,100.00 given by David W. Brooks and Elsie M.
Brooks to PNC Bank dated May 9, 2001 and recorded May 23, 2001 in Mortgage
Book 1708 Page 904.
Complaint in mortgage foreclosure filed by PNC Bank, N.A. as Plaintiff against Irene
E. Wiegner, Administrator of the Estate of Elsie M. Brooks, as Defendant in the Office
of the Prothonotary of Cumberland County to File No. 2003-3759. Judgment in the
amount of $30,432.49 entered October 31, 2003.
8. Real estate taxes turned over to the Cumberland County Tax Claim Bureau in the
amount of $1,369.97 as of the date of the subject Sheriff sale.
9. Satisfactory evidence to be produced concerning the death of David W. Brooks and
Elsie M. Brooks. Possible claims against the estate of David W. Brooks and Elsie M.
Brooks by the Pennsylvania Department of Revenue, Pennsylvania Department of
Public Welfare, and the Internal Revenue Service.
10. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
11. Satisfactory evidence to be produced that the advertisement of the sale was sufficient
despite the lack of reference to any improvements on the premises.
12. Satisfactory evidence to be produced as to the adequacy of the legal description for the
real estate advertised for sale. It is to be noted that the legal description contains two
discrepancies from the legal description in the prior deed.
13. The above title report does not cover any portion of the premises described in Deed
Book "A," Volume 15, page 440, which premises was a part of the mortgaged
premises but was not included as a part of the legal description for the subject Sheriff
sale.
14. Real estate taxes accruing on and after July 1,2004 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has
any search been made for environmental liens in Federal District Court.
Robert G. Frey, Agent
Note: This Title Report shall not be valid or bi
until countersigned by an authorized signatory,
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 41
Held Wednesday, June 9, 2004
Date: June 9, 2004
TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year
2004.
WATER RENT:
SEWER RENT
Company assumes no liability for private supply of water or sewer.
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2004, and recorded
, 2004, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Norman H. Keck and Edna V. Keck, his wife, by
deed dated October 3, 1952 recorded October 3, 1952 in the Office of the Recorder of Deeds in
and for Cumberland County, at Carlisle Pennsylvania. in Deed Book "E," Volume 16, Page 421,
granted and conveyed to David W. Brooks and Elsie M. Brooks, his wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5, Public and private rights in the roadbed of Lisburn Road.
, .
6. Rights in railroad right-of-way forming a portion of the property line for a portion of
the subject premises.
7. Mortgage in the amount of $30,100.00 given by David W. Brooks and Elsie M.
Brooks to PNC Bank dated May 9, 2001 and recorded May 23, 2001 in Mortgage
Book 1708 Page 904.
Complaint in mortgage foreclosure filed by PNC Bank, N.A. as Plaintiff against Irene
E. Wiegner, Administrator of the Estate of Elsie M, Brooks, as Defendant in the Office
of the Prothonotary of Cumberland County to File No. 2003-3759. Judgment in the
amount of $30,432.49 entered October 31, 2003,
8. Real estate taxes turned over to the Cumberland County Tax Claim Bureau in the
amount of $1,369.97 as of the date of the subject Sheriff sale.
9. Satisfactory evidence to be produced concerning the death of David W. Brooks and
Elsie M. Brooks. Possible claims against the estate of David W. Brooks and Elsie M.
Brooks by the Pennsylvania Department of Revenue, Pennsylvania Department of
Public Welfare, and the Internal Revenue Service.
10. Satisfactory evidence to be produced that proper notice was given to the holders of all
liens and encumbrances intended to be divested by subject Sheriff Sale.
11. Satisfactory evidence to be produced that the advertisement of the sale was sufficient
despite the lack of reference to any improvements on the premises.
12. Satisfactory evidence to be produced as to the adequacy of the legal description for the
real estate advertised for sale. It is to be noted that the legal description contains two
discrepancies from the legal description in the prior deed.
13. The above title report does not cover any portion of the premises described in Deed
Book "A," Volume IS, page 440, which premises was a part of the mortgaged
premises but was not included as a part of the legal description for the subject Sheriff
sale.
14. Real estate taxes accruing on and after July 1,2004 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has
any search been made for environmental liens in Federal District Court.
Ro ert G. Frey, Agent
Note: This Title Report shall not be valid or
until countersigned by an authorized sign ory.
"',
REAL ESTATE SALE NO. 41
Wrlt No. 2003-3759 Civil
PNC Bank. National Association
vs.
Irene E. Wiegner, Administrator
of the Estate of Elsie M, Brooks
Atty,: Brett Solomon
LEGAL DESCRIPTION
OF REAL ESTATE
ALL that certain tract or piece of
land situate in Upper Allen Town-
ship. County of Cumberland and
State of Pennsylvania, bounded and
described as follows, to.wtt:
BEGINNING at a point in center
of the Llsbum Road. at line of lands
now or formerly of the grantors;
thence north forty-five degrees
twenty-two minutes west (450 22"
W.) one hundred fifty-three and four
tenths (153.4') feet to an iron pin
on the tight of way of the P. H. & P.
R R; thence along the tight of way
of the said railway north forty-two
degrees fifty-five minutes east (420
55" E.) eighty four feet (84') to an
iron pin: thence south forty one
degrees fifteen minutes east (410 15"
E.) one hundred seventy-one and
five tenths feet (l71.5') to a point in
the center of the Lisburn Road; and
thence along this center of the
Lisburn Road south sixty-four de-
grees thirty minutes west (640 30"
W,) fifty feet (50') to a poInt; the place
of beginning.
CONTAINING twenty-one hun-
dredths (.21) of an acre neas meas-
ure.
UNDER AND SUBJECT to res-
ervations, restrictions, easements
and rights of way as recorded in
prior instruments of record.
BEING the same premises which
Norman H. Reck and Edna V. Reck.
his Wife. by their Deed dated Octo-
ber 3, 1952 and recorded in the
Recorder's Office of Cumberland
County. Pennsylvania on January
11. 1955, in Deed Book Volume
16E, page 421. granted and con-
veyed unto David W, Brooks and
Elsie M. Brooks, his wife,
BLOCK AND LOT #42-11-0274-
015.
. '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff ,
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
CIVIL DIVISION
No. 03-3759 Civil Term
AFFIDAVIT PURSUANT TO PA. R.C.P.
3129.1
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa.I.D.No.83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
*
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
vs.
ANTOINETTE MCKAIN,
Defendant.
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker
Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the
following information concerning the real property located in the Township of Upper Allen,
County of Cumberland and Commonwealth of Pennsylvania:
1. Name and address of the Owner or Reputed Owner:
ALL KNOWN AND UNKNOWN HEIRS
OF THE ESTATE OF ELSIE M. BROOKS
c/o Irene E, Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
2. Name and address of Defendants in the judgment:
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
4. Name and address of last recorded holder of every mortgage of record:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, P A 15222
5. Name and address of every other person who has any record lien on their
property:
UNKNOWN
-
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
CUMBERLAND COUNTY
TREASURER
1 Courthouse Square
Carlisle, PA 17013
CUMBERLAND COUNTY
TAX CLAIM BUREAU
TOWNSHIP OF UPPER ALLEN
TAX COLLECTOR
1 Courthouse Square
Carlisle, PA 17013
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
MECHANICSBURG AREA SCHOOL
DISTRICT TAX COLLECTOR
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
CUMBERLAND COUNTY TAX
COLLECTOR
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
COMMONWEALTH OF PA
DEPARTMENT OF REVENUE
P.O. 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:
UNKNOWN
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is being sold under this execution.
No person or entity is entitled to rely on any statements made herein in regard to the condition
of the title of the property or to rely on any statement herein in formulating bids which might be
made at the sale of the property.
-2-
.
,
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: \1~'2.5-03
BY:~
Brett A. Solomon, Esquire
Attorney for Plaintiff
SworlJ..,to.~ subscribe.(J before me
this 0(6 day of l\h~, 2003.
Not~\ G\ ~\?a-L
My Commission Expires:
rnMMONWEALTH OF PENNSYLV.."".
K Notarial Seal
City elfy J. Mizak. Notary Pub!'
My ~~Zs~WJh. ~Iegheny c:mly
SIOn Expires May 23, 2005
Member, Pennsyfvenle As~1ion
- oIN_
BANK_FIN:211877-10oo011-113511
-3-
" .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLE ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on Wednesday, June 9, 2004, at 10:00 AM, the following described real estate, of which All
Known and Unknown Heirs of Elsie M. Brooks are the owner or reputed owner: Please see
attached description of property.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
IRENE E. WIEGNER, ADMINISRTATOR
OF THE ESTATE OF ELSIE M. BROOKS
at Ex. No, 03-3759 Civil Term in the amount of $34,496.41.
, .. ,
Claims against property must be filed at the Office of the Sheriff before the above sale
date.
Claims to proceeds must be made with the Office of the Sheriff before distribution,
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution
is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is
a judgment against you. It may cause your property to be held or taken to pay the judgment.
You may have legal rights to prevent your property from being taken. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, yOU must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)-249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or
objection you might have within twenty (20) days after service of the Complaint in Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse for
failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a
valid return of service of the Complaint and Notice to Defend or if the judgment was entered
before twenty (20) days after service or in certain other events. To exercise this right you would
have to file a petition to strike the judgment.
,. ... II..
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any
other legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
BANK]IN:215571-1 000011-113511
~~
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorneys for PNC Bank, National Association,
Plaintiff
- ...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E, WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract or piece of land situate in Upper Allen Township, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
BEGINNING at a point in center of the Lisburn Road, at line of lands now or formerly of
the grantors; thence north fort y-five, degrees twenty-two rninutes west (450 22" W,) one hundred
fifty-three and four tenths (153.4') feet to an iron pin on the right of way of the P. H. & P. R. R.;
thence along the right of way of the said railway north forty-two degrees fifty-five minutes east
(420 55" E.) eighty four feet (84') to an iron pin; thence south forty one degrees fifteen minutes
east (410 15" E.) one hundred seventy-one and five tenths feet (171.5') to a point in the center
of the Lisburn Road; and thence along this center of the Lisburn Road south sixty-four degrees
thirty minutes west (640 30" W,) fifty feet (50') to a point; the place of beginning.
CONTAINING twenty-one hundredths (.21) of an acre neas measure.
UNDER AND SUBJECT to reservations, restrictions, easements and rights of way as
recorded in prior instruments of record.
BEING the same premises which Norman H. Keck and Edna V. Keck, his wife, by their
Deed dated October 3, 1952 and recorded in the Recorder's Office of Cumberland County,
Pennsylvania on January 11, 1955, in Deed Book Volume 16E, page 421, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wife.
BLOCK AND LOT #42-11-0274-015
Brett A. Solomon, Esquire
-4-
WRIT OF EXECUTION.and/or ATTACHMENT
- -
...
COMMONWEALTH OF PENNSYL V ANL':)
COUNTY OF CUMBERLAND)
NO 03.3759 Civil
CIVIL ACTION. LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the deht, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From IRENE E. WIEGNER, ADMINISTRATOR OF THE ESTATE OF ELSIE M. BROOKS
(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 garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated,
Amount Due $30,432.49
LL $.50
Interest FROM 10/7/03 THROUGH 3/3/04 AT $6.2273 PER DIEM - $927.87
Atty's Comm %
Due Prothy $1.00
Atty Paid $116.90,oo.c1:> Other Costs LATE CHARGES ($20.00IMO. FOR
11/03 TO 3/04 - - $HIlI' -- ATTORNEY'S FEES AND COSTS - $3,036.05
Plaintiff Paid
Date: DECEMBER 12, 2003
CURTIS R. LONG
(Seal)
Prothonot." p '--h1
~: L?lQ...,., - .' '(~YU--
Deputy
REQUESTING PARTY:
Name BRETT A. SOLOMON, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-566-1212
Supreme Court ID No. 83746
Real Estate Sale #41
On March 04, 2004 the sherifflevied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
Known and numbered as 313 East Lisbum Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 04, 2004
By: ,J (\iL/~i.tl'\
Real Estate beputy
~
~
~
~
{~ ('
i,:= 7
l 3J11
, J
;'.1:'.
::lji~<:
THE PA"fRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co" a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Mafket Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and.Ib.!l
Sundav Patriot-News newspapers of general circulation, printed and publiShed at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and publiShed in
their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th
day(s) of May 2004. 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, afofesaid 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 Cou of Dauphin' Miscella s Book "M",
Volume 14, Page 317,
Sworn to and subsc .b before m~. is 28th daY~ 04 A.D.
\ NOTARIAL 5EAl. ~.)
Terry L Russell. Notary Publi "///7..41'/'/
Oty of Harrisburg, Dauphin ColI tv ~
My Commission expires June 6. 2006 NO ARY PUBLIC
M.mb.r,P.nnsYlvanl.~loc:I.UonoINotarj"MY commission expires June 6, 2006
CUMBERlAND COUNTY SHERIFFS OFFICE
CUMBERlAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr,
For publishing the notice or publication attached
hereto on the above stated dates
Total
Publisher's Receipt for Advertising Cost
$
290,20
By...,.,....,.,."......,.,...".,.,....",.,......,.,....."".......
. - ...
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. 1.1784
STATE OF PENNSYL VANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Joumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
APRIL 16,23,30,2004
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 41
'~~ -
sa Marie COy~
SWORN TO AND SUBSCRIBED before me this
30 day of APRIL 2004
Wr1t No. 2003-3759 C1v11
PNC Bank, National Association
v..
Irene E. Wiegner. Administrator
of the Estate of ElsIe M, Brooks
Atty.: Brett Solomon
LEGAL DESCRIPTION
OF REAL ESTATE
AlL that certain tract or piece of
land situate in Upper Allen Town-
ship, County of Cumberland and
State of Pennsylvania, bounded and
descIibed as follows, to-wit:
BEGINNING at a point in center
of the Lisbum Road. at line of lands
now or formerly of the grantors;
thence north forty-ffve degrees
twenty-two minutes west (450 22"
W.) one hundred fifty-three and four
tenths (153.4') feet to an iron pin
............ +\...._ ...;..,h+ .....~ U","'" .....of thA P l-l AT P
d.L~) .A . . xim..(.LI'--Vu
NotRry f
NOTARIAL SEAL
LOIS E, SNYDER, Notary Public
Cartisle 8010, Cumbertand County
My Commission Expiles March 5, 2005
~~--
.Kl!:ilU., r..CI01.l'S.:o._ _ _
Writ No. 2003-3759 CiVil
PNC Bank, National Association
vs.
Irene E. Wiegner, Administrator
of the Estate of Elsie M, Brooke
Atty,: Brett Solomon
,~
bib
SWORN TO .
30 _(
LEGAL DESCRIP110N
OF REAL ESTATE
ALL that certain tract or piece of
land situate in Upper Allen Town.
ship. County of Cumberland and
State of Pennsylvania, bounded and
described as follows, to-wit:
BEGINNING at a pOint in center
of the L.isbum Road. at line of lands
now or formerly of the grantors;
thence north forty. five degrees
twenty-two minutes west (45" 22"
W.J one hundred fifty-three and four
tenths (153.4') feet to an iron pin
on the right of way of the p, H. & P.
R R: thence along the right of way
of the sa!d railway north forty-two
degrees fifty. five minutes east (42"
55" E.) eighty four feet 184') to an
iron pin; thence south forty one
degrees fifteen minutes east (41" 15"
E,) one hundred seventy-one and
five tenths feet (171.5') to a point In
the center of the Usbum Road; and
thence along this center of the
Lisbum Road south sixty-four de-
grees thirty minutes west (64" 30"
W,) fifty feel (50') 10 a point; the place
of beginning,
CONTAINING twenty-one hun-
dredths (,21) of an acre neas meas-
ure,
UNDER AND SUBJECT to res-
ervations, restr.lctlons. easements
and rights of way as recorded in
prior instruments of record.
BEING the same premises which
Norman H, Keck and Edna V. Keck.
his wife. by their Deed dated Octo-
ber 3, 1952 and recorded in the
Recorder's Office of Cumberland
County, Pennsylvania on January
11. 1955. in Deed Book Volume
l6E. page 421. granted and con-
veyed unto David W. Brooks and
Elsie M. Brooks, his wife,
BLOCK AND LOT #42- JJ -0274-
015.
~~
--
1.01
Carl
MyCc
---
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
PRAECIPE TO AMEND AND REISSUE
WRIT OF EXECUTION IN MORTGAGE
FORECLOSURE
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa.I.O.No.83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
313 E. Lisburn Road
Mechaniscburg, PA 17055
Township of Upper Allen
Tax 1.0. No. 42-11-0274-015
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
)
Plaintiff, ) No. 03-3759 Civil Term
)
vs. )
)
IRENE E. WIEGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
PRAECIPE TO AMEND AND REISSUE WRIT OF EXECUTION IN MORTGAGE
FORECLOSURE
TO: Prothonotary of Cumberland County:
Kindly Amend and reissue the Writ of Execution in Mortgage Foreclosure in the above
matter as follows:
Judgment Amount (Including Payments on account totaling
$2,611.60).....,.. .............,..........,..,.......,..,..........,..........,..........,....
Interest from 10/7/03 through 12/8/04 at $6.2273 per diem .........
$27,820.89
2,671,51
260,00
Late Charges ($20,OO/mo. for 11/03 to 11/04) .............................
Attorneys' Fees and Costs ..........................................................
Sub-total.................,................................................................ ,
2.873.86
$33,626.26
Costs (to be added by the Prothonotary)...................................
TOTAL
Brett . Solomon, Esquire
Attorneys for PNC Bank, National Association,
Plaintiff
(
~ .-> c:)
f.) =
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...... . ---t-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
) CIVIL DIVISION
}
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
)
) SS:
)
I, Brett A. Solomon, Esquire, being duly sworn according to law, hereby depose and say
that the Defendant, Irene E. Wiegner, is not a member of the military service of the United
States of America to the best of my knowledge, information and belief.
~"~,", ""0'"
Sworn to and subscribed before me
day of f1~, 2004.
~(?QOL'I C) \\\\z.~
Notary Public
/COMMONWEALTH..oF PENNSYLVANIA
My Commission Expires:
. Kcllj "'11'1:;'/; ,>!.:;. Hi/lie
~lty of Pi.ttl\l)'IJ~~l<{IJ(','!li"I1" <:('imty
, y Conunl.51UI ~XP(~"', "'lIn< was
Member', Pennsylvania Ass~Clation of Notaries
this I ()
BANKfIN:229593-1
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 03-3759 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL, ASSOCIATION, Plaintiff (s)
From IRENE E. WIEGNER, ADMINISTRATOR OF THE ESTATE OF ELSIE M. BROOKS
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of tile defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $27,820.89 L.L.
Interest FROM 10/7/03 THROUGH 12/8/04 AT $6.2273 PER DIEM - $2,671.51
Atty's Comm % Due Prothy $1.00
Atty Paid $2625.51 Other Costs
Plaintiff Paid
Date: SEPTEMBER 3, 2004
(Seal)
CURTIS R. LONG
Prothono~ p C-yJz
~~ / (l7?brr
Deputy
REQUESTING PARTY:
Name BRETT A. SOLOMON, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
FIRM #287
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-566-1212
Supreme Court ID No. 83746
-,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No, 03-3759 Civil Term
vs.
AFFIDAVIT PURSUANT TO PA. R.C.P.
3129.1
IRENE E. WIEGNER, ADMINISTRATOR
OFTHE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker
Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the
following information concerning the real property located in the Township of Upper Allen,
County of Cumberland and Commonwealth of Pennsylvania:
1. Name and address of the Owner or Reputed Owner:
ALL KNOWN AND UNKNOWN HEIRS
OF THE ESTATE OF ELSIE M. BROOKS
c/o Irene E, Wiegner
46 West Allen Street
Mechanicsburg, P A 17055
2. Name and address of Defendants in the judgment:
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
4. Name and address of last recorded holder of every mortgage of record:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C,
1500 One PPG Place
Pittsburgh, P A 15222
5. Name and address of every other person who has any record lien on their
property:
UNKNOWN
6. Narne and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
CUMBERLAND COUNTY
TREASURER
CUMBERLAND COUNTY
TAX CLAIM BUREAU
TOWNSHIP OF UPPER ALLEN
TAX COLLECTOR
1 Courthouse Square
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013
c/o Marlin A. Yohn, Sr,
6 Hickory Lane
Mechanicsburg, PA 17055
MECHANICSBURG AREA SCHOOL
DISTRICT TAX COLLECTOR
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, PA 17055
CUMBERLAND COUNTY TAX
COLLECTOR
c/o Marlin A. Yohn, Sr.
6 Hickory Lane
Mechanicsburg, P A 17055
COMMONWEALTH OF PA
DEPARTMENT OF REVENUE
P.O. 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:
UNKNOWN
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is being sold under this execution.
No person or entity is entitled to rely on any statements made herein in regard to the condition
of the title of the property or to rely on any statement herein in formulating bids which might be
made at the sale of the property.
-2-
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:
~-q -0'-(
Brett A. Solomon, Esquire
Attorney for Plaintiff
Sworn to ~ sUbscribe\tbe~~
this q day of h. - 0 __~ , 2004.
~ C\~\?nX
Notary Public
My Commission Expires:
lCOMMONWE~:~riS~:':ENNSYLVAN[AI
' KellY,J Mizak. Notalj' Public
CIty of PI~~urgh. Allegheny County
My CommIsSion Expires May 23. 2005
Member, Pennsylvania AssoclatJon of Notaries
BANK_FIN:229593.1
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
AFFIDAVIT OF ACT 91
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party;
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
)
) SS:
)
Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and
County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and
says:
THAT Notice pursuant to 35 P.S. ~1680.403 (Homeowner's Emergency Mortgage
Assistance Act of 1983 -- Act 91 of 1983) was given to Defendan on or about March 19, 2003.
Sworn to and subscribed b;!,~r~ ~
this \ 0 day of 1\ 10....... ~ ,2004.
N~ C)~~~ WI!AL'l:HpP~!'lNSVLVA
NO\.;<.,i' lC<l
Kelly J, Mizak, Notal) .. 'I\D~(;
City of Pittsburgh. ~Ieghen) cou:s
My Commission ExpIres May 23, 2
Member, Pennsylvania Association of NotBries
My Commission Expires:
BANKfIN:229593-1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
AFFIDAVIT OF ACT 6
IRENE E. WIEGNER, ADMINISTRATOR
OFTHE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa, I.D.No.83746
TUCKER ARENSBERG. P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
)
)
)
SS:
Before me, a Notary Public, personally appeared Brett A. Solomon, Esquire, being duly
sworn, deposes and says:
THAT Notice of PNC Bank, National Association, intention to foreclose, pursuant to 41
Sworn to and subscribeR. before m~
this \0 day of rL~~, 2004.
~-eo O~-\ C) 0-\~
Notary Public ;rH OF PENNSYLVANIA
COMMONWEAL -
Notarial Seal .
My Commission Expires: Kelly J. Mi,""" Notary Pub~u
City of pj~s~ib. ~Ie~e")' 23 2:'
My Comm1sSlOn Expires <f'j ,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
vs.
AFFIDAVIT OF LAST KNOWN ADDRESS
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P,C,
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
)
Plaintiff, ) No. 03-3759 Civil Term
)
vs. )
)
IRENE E. WIEGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT
Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and
County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and
says as follows:
1. That he is counsel for the Plaintiff in the above referenced matter.
2. That to the best of his knowledge, information and belief, the last known address
of Defendant is 46 West Allen Street, Mechanicsburg, Pennsylvania 17055.
P.C.
Brett A. Solomon, Esquire
Attorney for Plaintiff
Sworn to and subscrib~ b;!?~~e
this 10 day of /4../0 I
N~~~ ~
,2004.
My Commission Expires:
~~ '~'SYL'iANl^
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a<ia\ Seal
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City of _bur..". May 13, 100S
My eommisS\on Elt'!>>ft!l ._""-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
)
Plaintiff, ) No. 03-3759 Civil Term
)
vs. )
)
IRENE E. WIEGNER, ADMINISTRATOR )
OF THE ESTATE OF ELSIE M. BROOKS, )
)
Defendant. )
NonCE OF SHERIFF'S SALE OF REAL ESTATE
TO: Irene E. Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLE ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on December 8,2004, at 10:00 AM, the following described real estate, of which All Known and
Unknown Heirs of Elsie M. Brooks are the owners or reputed owners: Please see attached
description of property.,
The said Writ of Execution has been issued on a judgment in the rnortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
IRENE E. WIEGNER, ADMINISRTATOR
OF THE ESTATE OF ELSIE M. BROOKS
at Ex. No. 03-3759 Civil Term in the amount of $33,626.26.
Claims against property must be filed at the Office of the Sheriff before the above sale
date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution
is filed in the Office of the Sheriff.
. Attached hereto is a copy of the Writ of Execution. It has been issued because there is
a judgment against you, It may cause your property to be held or taken to pay the judgment.
You may have legal rights to prevent your property from being taken. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, yoU must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)-249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary, A lawyer may be able to
help you,
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or
objection you might have within twenty (20) days after service of the Complaint in Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse for
failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not rnade a
valid return of service of the Complaint and Notice to Defend or if the judgment was entered
before twenty (20) days after service or in certain other events. To exercise this right you would
have to file a petition to strike the judgment.
-2-
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or dernonstrate any
other legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFIC . F THE
SHERIFF.
Brett A. Solomon, Esquire
Pa.I.D.No.83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorneys for PNC Bank, National Association,
Plaintiff
BANKfIN:229593-1
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff ,
) CIVIL DIVISION
)
) No, 03-3759 Civil Term
)
)
)
)
)
)
)
vs.
IRENE E. WI EGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract or piece of land situate in Upper Allen Township, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
PARCEL - I
BEGINNING at a point in center of the Lisburn Road, at line of lands now or formerly of
the grantors; thence north forty-five degrees twenty-two minutes west (450 22" W.) one hundred
fifty-three and four tenths (153.4') feet to an iron pin on the right of way of the P. H. & P. R. R.;
thence along the right of way of the said railway north forty-two degrees fifty-five minutes east
(42055" E) eighty four feet (84') to an iron pin; thence south forty one degrees fifteen minutes
east (41015" E) one hundred seventy-one and five tenths feet (171.5') to a point in the center
of the Lisburn Road; and thence along this center of the Lisburn Road south sixty-four degrees
thirty minutes west (640 30" W.) fifty feet (50') to a point; the place of beginning.
CONTAINING twenty-one hundredths (.21) of an acre neat measure.
UNDER AND SUBJECT to reservations, restrictions, easements and rights of way as
recorded in prior instruments of record.
BEING the same premises which Norman H. Keck and Edna V. Keck, his wife, by their
Deed dated October 3, 1952 and recorded in the Recorder's Office of Cumberland County,
Pennsylvania on January 11, 1955, in Deed Book Volume 16E, page 421, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wife.
PARCEL - "
BEGINNING at a point in the Lisburn Road, Thence North Forty One (41) Degrees
Fifteen (15) Minutes West One Hunderd and Seventy-One (171.5) Five Tenths Feet to an iron
pin on the right of way of the P.H.&P.R.R.R. Company; Thence North Forty-Two (42) Degrees
Fifty-Five (55) Minutes East Fifty (50) Feet to an iron pin at lands now or late of Norman
McCauslin and Carolyn B. McCauslin, his wife; Thence South Forty-One (41) Degrees East One
Hundred and Ninety and Five-Tenths (190.5) Feet to a point in the Center of the Lisburn Road;
Thence South Sixty-Four (64) Degrees Thrity (30) Minutes West Fifty (50) Feet to a point, the
place of beginning.
-4-
CONTAININT Twenty Hundredths Of an Acre, Neat Measure,
BEING the same premises which Thomas E. McCaulsin and Pearl A. McCaulsin, his
wife, by their Deed dated July 28, 1952 and recorded in the Recorder's Office of Cumberland
County, Pennsylvania on July 28, 1952, in Deed Book Volume 15A, page 440, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wife.
HAVING ERECTED THEREON a dwelling known as 313 E. Lisburn Road,
Mechanicsburg, Pennsylvania.
BLOCK AND LOT #42-11-0274-015 ~ ~---
Bfett A. Solomon, Esquire
-5-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03-3759 Civil Term
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE BROOKS,
VERIFICATION OF SERVICE OF NOTICE
OF SALE TO DEFENDANTS AND LIEN
CREDITORS PURSUANT TO PA. R.C.P.
3129
vs.
Defendant.
Filed on bl3half of PNC BANK,
NATIONAL ASSOCIATION, Plaintiff
Counsel olf record for this party:
Brett A. Solomon. Esquire
Pa. 1.0. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-'1212
--"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Defendant.
)
)
)
)
)
)
)
)
)
)
No. 03-3759 Civil Term
CIVIL DIVISION
Plaintiff ,
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE BROOKS,
VERIFICATION OF SERVICE OF NOTICE OF SALE
TO DEFENDANTS AND LIEN CREDITORS
The undersigned does hereby certify that service of the Notice of Sale was
completed on Defendant. Irene E. Wiegner, by sending a copy of said notice to Defendant via
certified mail at her place of residence on November 26, 2004. A copy of the return receipt
(P.S. Form 3811) signed by the Defendant is attached hereto as Exhibit "A".
The undersigned further certifies that the undersigned personally mailed a copy of the
Notice of Sale in the above captioned matter by Certificate of Mailing (P.S. Form #3817) to all
attached hereto as Exhibit "B".
Brett A. Solomon, Esquire
Sworn to .an.ct subscribQQ pefore \ ~ ~
me this..l.L day of ~004.
~~, (~m\Z~
Notary Public \ '
My Commission Expires:
BANK]IN:238121-1
FP
Notarial Seal
lCeHy J. Mizak NotaJy Public
Clay of PIttJIllqh. A11egheu) Ccunty
My ComJniMinrJ Bxpires Afay 23, 2005
MIrnber, Pennsylvania ~ of Notartes
EXHIBIT "A"
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CJ (eOdo'::e~n7RciePI Fee
CJ eqUired)
IJ) (e~':~ De/iV9ry Fee
/'T1 nt l'ieqU1rfld)
n
Total p
::r ostage & Fees $
C'--
,
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
::Lrene E. VI &91') er
L/6 lve 51 AI/en 5+ree-l-
/'1ecJu:tnicsh[)(J.J PA /7055
2. Article Number
(Transfer from service label) .
PS Form 3811, February 2004
~;
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COMPLETE THIS SECTION ON DELIVERY
A. Si!~nature
D Agent 1
Addressee (
C, Date of Delivery I
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D Return Receipt for Merchandise i
DC.O.D.
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7004 1350 0000 6809 4960
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102595-02-M-1540 i
Domestic Return Receip1
EXHIBIT "B"
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
~)3- 37 1
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that
the Sheriffs Deed in which Land Holding LLC is the grantee the same having been sold to s id grantee
on the 5th day of Ian AD" 2005, under and by virtue of a writ Execution issued on the 3rd d y of Sept,
AD., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Numb r 3759, at
the suit ofPnc Bank N A against Elsie M Brooks admir is duly recorded in Sheriffs Deed B ok No,
267, Page 1832,
IN TESTIMONY WHEREOF, I have hereunto
If
et my hand
and seal of said office this
day of
l;;~I' ~ ' AD,
PNC Bank, National Association
VS
Irene E, Wiegner, Administrator of
The Estate of Elsie M, Brooks
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003,3759 Civil Term
David McKinney, Deputy Sheriff, who being duly sworn according to law, stat s
that on September 07, 2004 at 2:43 o'clock PM, he served a true copy of the within Re I
Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upo
the within named defendant, to wit: Irene E. Wiegner, by making known unto Irene E.
Wiegner, personally, at 46 West Allen Street, 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 October 25,2004 at 3:40l0ck 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 Irene E. Wiegner, Administrator of the Estate of Elsie M, Brooks located a
313 East Lisburn Road, Mechanicsburg, Pennsylvania, according to law.
R, Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within name
defendant, to wit: Irene E. Wiegner, Administrator of the Estate of Elsie M. Brooks, b
regular mail to her last known address of 46 West Allen Street, Mechanicsburg, P A
17055. This letter was mailed under the date of October 07,2004 and never returned t
the Sheriff's 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 January 5, 2005 at 10:00 o'clock A.M. He sold the same for he
sum of$1.00 to Attorney Brett Solomon for Land Holding, LLC" c/o PNC Realty
Services, It being the highest bid and best price received for the same, Land Holding,
LLC, c/o PNC Realty Services of Two PNC Plaza, 19th Floor, 620 Liberty Avenue,
Pittsburgh, P A 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kli e
the sum of$1174,87,
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
$30.00
23,04
30,00
30.00
30.00
10.00
1.00
Mileage
Levy
Surcharge
Postpone Sale
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
17.76
30.00
30.00
20,00
451.40
376.75
30.42
25,00
39,50
$ 1174,87
Sworn and subscribed to before me
This~,~a~,of ;l~
2005, A,D,~ () 'tlv-l!&-. ~
rothonotary
~d~/~
R. Thomas Kline, Sheriff
BY\ J (J~j~tLl
Real Estate eputy
36"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA IA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 03,3759 Civil Term
vs,
AFFIDAVIT PURSUANT TO PA. R.C,
3129.1
IRENE E, WIEGNER, ADMINISTRATOR
OF'THE ESTATE OF ELSIE M, BROOKS,
Defendant.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa, I.D. No. 83746
TUCKER ARENSBERG, P,C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566,1212
..
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA IA
Defendant.
) CIVIL DIVISION
)
) No. 03-3759 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs,
IRENE E, WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M, BROOKS,
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tu ker
Arensberg, P,C., set forth as of the date of the Praecipe for Writ of Execution was filed th
following information concerning the real property located in the Township of Upper Aile
County of Cumberland and Commonwealth of Pennsylvania:
1. Name and address of the Owner or Reputed Owner:
ALL KNOWN AND UNKNOWN HEIRS
OF THE ESTATE OF ELSIE M. BROOKS
c/o Irene E, Wiegner
46 West Allen Street
Mechanicsburg, PA 1 055
2. Name and address of Defendants in the judgment:
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is a recor lien
on the real property to be sold:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon Esquire
Tucker Arensberg, p,
1500 One PPG Place
Pittsburgh, PA 15222
4. Name and address of last recorded holder of every mortgage of record:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A, Solomon Esquire
Tucker Arensberg, P.
1500 One PPG Plac
Pittsburgh, PA 15222
,
"
-
5, Name and address of every other person who has any record lien on their
property:
UNKNOWN
6. Name and address of every other person who has any record interest in t e
property and whose interest may be affected by the sale:
CUMBERLAND COUNTY 1 Courthouse Square
TREASURER Carlisle, PA 17013
CUMBERLAND COUNTY 1 Courthouse Square
TAX CLAIM BUREAU Carlisle, PA 17013
TOWNSHIP OF UPPER ALLEN c/o Marlin A. Yohn, S
TAX COLLECTOR 6 Hickory Lane
Mechanicsburg, PA 1 055
MECHANICSBURG AREA SCHOOL c/o Marlin A, Yohn, S
DISTRICT TAX COLLECTOR 6 Hickory Lane
Mechanicsburg, PA 1 055
CUMBERLAND COUNTY TAX c/o Marlin A. Yohn, S ,
COLLECTOR 6 Hickory Lane
Mechanicsburg, PA 1 055
COMMONWEALTH OF PA P.O. Box 2675
DEPARTMENT OF REVENUE Harrisburg, PA 1710
7. Name and address of every other person of whom the Plaintiff has knowl dge
who has any interest in the property which may be affected by the sale:
UNKNOWN
The information provided in the foregoing Affidavit is provided solely to comply w h the
Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehen ive
abstract of the condition of the title of the real estate which is being sold under this exec tion.
No person or entity is entitled to rely on any statements made herein in regard to the co dition
of the title of the property or to rely on any statement herein in formulating bids which mi ht be
made at the sale of the property.
-2-
'-
I verify that the statements made in this Affidavit are true and correct to the best 0 my
personal knowledge or information and belief. I understand that false statements herein re
made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsificatio to
authorities.
Dated:
~-q-01i
Brett A. Solomon, Esquire
Attorney for Plaintiff
Sworn to ~subscribe before me
this q day of I 2004,
~ C)~VoS
Nofary Public '
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
. Kelly J Mizak. Notary Public
CIty of Pittsburgh. A1leghen}' County
My CommiSSIOn Expires May 23, 2005
Member, Pennsylvania Association of Notaries
BANK_FIN:229593.1
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA IA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
) CIVIL DIVISION
)
) No, 03-3759 Civil Term
)
)
)
)
)
)
)
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ELSIE M. BROOKS,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Irene E, Wiegner
46 West Allen Street
Mechanicsburg, PA 17055
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Co rt of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland ounty,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLE ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on December 8, 2004, at 10:00 AM, the following described real estate, of which All Kn nand
Unknown Heirs of Elsie M, Brooks are the owners or reputed owners: Please see attac ed
description of property.
The said Writ of Execution has been issued on a judgment in the mortgage fore losure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
IRENE E, WI EGNER, ADMINISRTATOR
OF THE E:STATE OF ELSIE M. BROOKS
at Ex, No. 03-3759 Civil Term in the amount of $33,626.26.
Claims against property must be filed at the Office of the Sheriff before the above ale
date,
Claims to proceeds must be made with the Office of the Sheriff before distribution
Schedule of Distribution will be filed with the Office of the Sheriff no later than thi (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with th
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distri uti on
is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution, It has been issued because t re is
a jud'gment against you. It may cause your property to be held or taken to pay the judg nt.
You may have legal rights to prevent your property from being taken. A lawyer can advi e you
more specifically of these rights. If you wish to exercise your rights, ou must act rom
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOU
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 AN
GET LEGAL ADVICE,
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)'249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your prop rty, In
order to exercise those rights, prompt action on your part is necessary, A lawyer may b able to
help you,
You may have the right to prevent or delay the Sheriff's Sale by filing, before the ale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense r
objection you might have within twenty (20) days after service of the Complaint in Mortg ge
Foreclosure and Notice to Defend, you may have the right to have the judgment opene if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse r
failing to file defense on time. If the judgment is opened. the Sheriff's Sale would ordina ily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not ade a
valid return of service of the Complaint and Notice to Defend or if the judgment was ent red
before twenty (20) days after service or in certain other events, To exercise this right y u would
have to file a petition to strike the judgment.
-2-
,
You may also have the right to petition the Court to stay or delay the execution an the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate ny
other legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASI ElF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE AR
DEFECTS IN THE SHERIFF'S SALE, TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DE D IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FRO THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFIC F THE
SHERIFF.
Brett A. Solomon, Esquire
Pa, 1.0. No, 83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566,1212
Attorneys for PNC Bank, National Associati n,
Plaintiff
BANKJIN:229593-1
-3,
IN THE COURT OF COMMON PLEA$. OF CUMBERLAND COUNTY, PENNSYlVA IA
PNC BANK, NATIONAL ASSOCIATION,
CIVil DIVISION
Plaintiff,
No, 03,3759 Civil Term
vs.
IRENE E. WIEGNER, ADMINISTRATOR
OF THE ESTATE OF ElSI E M. BROOKS,
Defendant.
LEGAL DESCRIPTION OF REAL ESTATE
All that certain tract or piece of land situate in Upper Allen Township, CQunty of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wii:
PARCEL -I
BEGINNING at a point in center of the Lisburn Road, at line of lands now or form rlyof
the grantors; thence north forty,five degrees twenty-two minutes west (45' 22" W,) one undred
fifty-three and four tenths (153.4') feet to an iron pin on the right of way of the p, H. & P. ,R,;
thence along the right of way of the said railway north forty-two degrees fifty-five minute east
(42' 55" E.) eighty four feet (84') to an iron pin; thence south forty one degrees fifteen mi utes
east (41' 15" E,) one hundred seventy-one and five tenths feet (171.5') to a point in the enter
of the Lisburn Road; and thence along this center of the Lisburn Road south sixty-four d grees
thirty minutes west (64' 30" W.) fifty feet (50') to a point; the place of beginning.
CONTAINING twenty-one hundredths (.21) of an acre neat measure.
UNDER AND SUBJECT to reservations, restrictions, easements and rights of w as
recorded in prior instruments of record,
BEING the same premises which Norman H, Keck and Edna V, Keck, his wife, b their
Deed dated October 3, 1952 and recorded in the Recorder's Office of Cumberland Coun y,
Pennsylvania on January 11, 1955, in Deed Book Volume 16E, page 421, granted and
conveyed unto David W. Brooks and Elsie M. Brooks, his wife,
PARCEL - II
BEGINNING at a point in the Lisburn Road, Thence North Forty One (41) Degre s
Fifteen (15) Minutes West One Hunderd and Seventy-One (171,5) Five Tenths Feet to iron
pin on the right of way of the P,H.&P.R.R.R. Company; Thence North Forty,Two (42) Drees
Fifty-Five (55) Minutes East Fifty (50) Feet to an iron pin at lands now or late of Norman
McCauslin and Carolyn B. McC~l!slin, his wife; Thence South Forty-One (41) Degrees st One
Hundred and Ninety and Five-Tenths (190,5) Feet to a point in the Center of the Lisburn Road;
Thence South Sixty, Four (64) Degrees Thrity (30) Minutes West Fifty (50) Feet to a poin , the
place of beginning.
-4-
CONTAININT Twenty Hundredths Of an Acre, Neat Measure.
BEING the same premises which Thomas E. McCaulsin and Pearl A. McCaulsin, his
wife, by their Deed dated July 28,1952 and recorded in the Recorder's Office of Cumbe and
County, Pennsylvania on July 28, 1952, in Deed Book Volume 15A, page 440, granted a d
conveyed unto David W. Brooks and Elsie M. Brooks, his wife,
HAVING ERECTED THEREON a dwelling known as 313 E, Lisburn Road,
Mechanicsburg, Pennsylvania,
BLOCK AND LOT#42-11-0274-015 ~ ~-
Brett A, Solomon, Esquire
-5-
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND) .
NO 03-3759 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL, ASSOCIATION, Plaintif (s)
From IRENE E. WIEGNER, ADMINISTRATOR OF THE ESTATE OF ELSIE M. BROOKS
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m
paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defen ant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added a
garnishee and is enjoined as above stated,
Amount Due $27,820.89
L.L.
Interest FROM 1017103 THROUGH 1218104 AT $6,2273 PER DIEM - $2,671.51
Atty's Corom %
Atty Paid $2625.51
Plaintiff Paid
Date: SEPTEMBER 3, 2004
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
By:
Deputy
REQUESTING PARTY:
Name BRETT A. SOLOMON, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
FIRM #287
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-566,1212
Supreme Court ID No. 83746
Real Estate Sale #46
On September 03, 2004 the Sherifflevied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, P A
Known and numbered as 313 East Lisbum Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: September 03,2004
By:Jb/II,Y- . ,'L-l,
Real E~~uty
~
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REAL ESTATE SALE No. 46
Writ No. 2003-3759
Civil Term
PNC Bank, NatIonal Assoc.
Va
Irene E. Wlegner, AdmInistrator
of the Eslal8 of Elsie M. Brooks
Atty: Brett Solomon
DESCRIPTION
AlL tbat certain lIact or piece of land Bituate in
Upper J\IleD Township, County of Comberland
. and State of Pennsylvania, bounded and described
as follOWS, to wit:
PARCIlLI BEGINNING at a point in center of
theLisbum Road, at line of lands now or formerly
of 1Iiegrlintors; thence north forty,five degrees
~-two minnIes west (45 deg. 22 miD. W,)
one-hondred fifty-1Itree and foor,tenlhs (153.4')
feet III an iron pin on the->igbt-of,way of the Pli
& P.R.R.; thence along the rijlht-of,way of the
said railway north forty,two degrees fifty,five
minntes east (42 deg, 55 miD. E.) eighty,four feet
(84') to an iron pin; thence south forty-one
degrees fifreen minutes east (41 deg, 15 miD. E.)
one hondred seventy-one and five-tenlhs feet
(171.5') to a point inlhe center of the Lisbum
RDad; and thence along this center of the Lisburn '
Road SOUlb sixty,four degrees 1hirty minntes west
(64d11g, 30 miD.W,) fifty feetJ50') to a poin~ the
plateofBEGlNNlNG, ,. .,'
CONTAlNINGtwenty-one hundredths (11) of
2D acre neat measine;. ,
UNDER ANIt SUBIECf to reservations,
n.. .. Y .. ..,..J..If,~;'~Of~-~y as
: .,~,M~~~;.~"l\!IIjdl Norman H-
i ,8i111d~lfl;ltock, JUs jVjfe, Ily tbeirDeed "
i.~0clDb0r3.1952 aniI .reconIed iIithe
,~'s Office of Comberland Counly,
'p"jjnsyIvania on Jamnny 11, 1955, in Deed Book
. 'Mtmie 16E, page 42;1, granted and conveyed
unto David W, Brooks and Elsie M, Brooks, his
wife,
PARCIlL ll: BEGINNING at a point in the
Lisbum Road, Thence North Forty-One (41)
degrees FIfteeri (15) Minutes West One Hundred
andSeventy-One (1715) Five-Tenths Feet to an
iron pin on the right-of-way of the Pli& PRR.
Company; ThOnce North Forty,Two (42) Degrees
F1f1y-Five (55) Minutes East F1f1y (50) Feet to an
iron pin at lands now lit late of Norman
McCauslin and Carolyn B. McCauslin, his wife;
Thence South Forty-One (41) Degrees East One
Hundred andN"mety and Fivi-Tenlhs (1905) Feet
toa point in the Center of the Lisburn Road;
Thence South Sixty"Four (64) Degrees Thirty (30)
Minutes West F1f1y (50) Feet to a poin~ the place
of BEGINNING.
CONTAINING Twenty-Hundredths of an Acre,
Neat Measure. "
BEING the same preDrlses which Thomas E.
McCaulsin and Pearl A. McCaulsin. his wife, by
their Deed dated July 28, 1952 and recorded in
the Recorder's Office of Cumberland County.
Pennsylvania on July 28, 1952, in Deed Book
Volmne 15A, page 440, granted and conveyed
unto David W, Brooks and Elsie M. Brooks, his
wife.
HAVING ERECTED thereon a dwelling known
as 313 E. Lisburn Road, Mechanicsbwg, PA.
BLOCK AND wr i/42,II,0274-0l5.
.
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