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HomeMy WebLinkAbout03-4188IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. THOMAS J. BILGER, Defendant. TO DEFEI~IT~: to the ENCLOSED COMP~.AINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF CIVIL DIVISION NO.: O3 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: PNC Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 11200 West Parkland Avenue Milwaukee, WI 53224 AND THE DEFENDANT IS: 223 Cockleys Drive Mechanicsburg, PA 17055_ ATTOPJ~¥S FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Borouqh of Mechanicsburq 1st (CITy, BORO, TOWNSHIP) (WARD) Block/Lot) A~ EYS FOR P INTIFF TO~EY ~INTIFF Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PNC BANK, NATIONAL ASSOCIATION, Plaintiff, THOMAS J. BILGER, Defendant. CIVIL DIVISION NO.: PENNSYLVANIA NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLA/~D COUNTY BAR ASSOCIATION TWO LIBERTY AVE~UJE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 1 800 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PNC BANK, NATIONAL ASSOCIATION, Plaintiff, THOMAS J. BILGER, Birsic, CIVIL DIVISION NO.: Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE PNC P.C., 1. PENNSYLVANIA Bank, National Assoiciation, by its attorneys, Grenen & files this Complaint in MortBage Foreclosure as follows: The Plaintiff is PNC Bank, National Association which has its principal place of business at 11200 West Parkland Avenue, Milwaukee, Wisconsin 53224. 2. The Defendant is Thomas J. Bil9er whose last known address is 223 Cockleys Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about October 30, 1997, Defendant executed a Note in favor of PNC Mortgage Corp. of America in the original principal amount of $69,743.00. A true and correct copy of said Note is marked Exhibit ~A", attached hereto and made a part hereof. 4 o the aforesaid Mortgage Corp. On or about October 30, 1997, as security for payment of Note, Defendants made, executed and delivered to PNC of America a Mortgage in the original principal amount of $69,743.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 3, 1997 in Mortgage Book Volume 1414, Page 224. A true and correct copy of said Mortgage containing a description of the premises is marked Exhibit "B", attached hereto and made a part hereof. 5. PNC Mortgage Corp. of America assigned all interest and title to said Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest on said Note when due. Defendant is due for the October 1, 2002 payment. 8. On or about November 6, 2000, Defendant was mailed a combined Act 91 and Act 6 Notice, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. The amount due and owin9 Plaintiff is as follows: Principal $ 65,638.64 Interest to 08/21/03 $ 4,309.70 Late Charges to 08/21/03 $ 248.82 Escrow Deficiency to 08/21/03 $ 0.00 Corporate Advances $ 0.00 Title Search, Foreclosure And Execution costs $ 2,500.00 Attorneys' fees $ 800.00 TOTAL $ 73,497.16 increases in escrow mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $73,497.16 with interest thereon at the rate of $12.14 per diem from August 21, 2003, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including deficiency) and for foreclosure and sale of the BY: GRENEN & BIRSIC, P.C. Kris~ine M.CAnthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE BGi'OGER 30 . 1997 ~92 ~ ~(ELLER STREET. ~IECHAN,.ICSGURG, PENNSYLVANIA 17055 I, BORROWER'S PROMISE TO PAY HARRISBURG RENNSYLVANIA In returrt for a loan that ! have received, I promise to pay U.S, $69,743.00 .................... (this amount is called principal'), plus interco, to the order of'the Le~der. The Lender is PNC RORTGAGE CORF. OF ANERICA. AN 0HI0 CORP~RATTON 2. INTER}':ST Interest will be charged on unpaid principal until the full amount of principal has bee~ paid. [ will pa)- inter~m, at a 6(B) of this Note. 3. PAYMENTS (A) 'rime and Place of Payment~ that date. which is called the "Maturity Date.' or at a different place if tequited by the Note Holder. (B) .&mount of Monthly Payments 4. BORROWER'S RIGHTTO PREPAY 5. I.~I~A N C]IARGF;S charge s.h~. II be red .u~... by the amount, n .cc?.?., .ry to.reduce the charge to the permitted im t: ~d (ii) any sums a reedy c~ollected, trom me .which exceeded perm~ .t~. I. imsts wtl[ be refunded to me. The Note Holder may choose to make this refund ~:luctlon will be ,l.?a,t ed a~ a pattlal prepayment. (BI Default (C) Notice of Default (D) No Waiver By Note Holder I'~ven if. at a time when l am in default, the Note Holder does not require me to pay immediately in full as d~,cHbed a ~)ve. the Xote Holder will still have the right to do so if I am in default at a later time. (~) Payment of Note Helder's Costs end Ezpenses 7. GIVING OF N'OTI CES Note ] {older az the address sta ted iff Sect{on 3( A ) above or az a differenz add tess i fl am givefl a notice of thor different eddress. 10. t .~IFORM SECURED NOTE furl of all sums secured hy this Security Instrument. However, this option shall no'. be exercised b7 Lender if WITXES$ T HE HAND(S) AND SEAL(S) OF THE UNDERSIGN'ED. /~ (Seal) (,~-~1) SSN: SS,~: SSN: (Seal) (Se&I) -Bor rower PAY TO '~. FI~t~I:I~ OF. ~ ~o ~. EXHIBIT "B" --%N"t Corp. of Am~lcm Parcel Numb~ ~6-23-0567-~36 '9'/)¢~ u P~ 3 08 MORTGAGE te~0eR's THIS MORTGAGE ("Security Instrument') is given on 0CT00ER 30 , 1997 TI4OMAS J. BiLGEO · The mortgagor is which has the add~ of 102 W KELLER STREET. #ECRANiCSBURG Pennsylvania T7055 ('Property .a-ddr~' ); Illl) Ul l$$1 'rOCoETHER WITH all the improvements now or hereafter erected on the property, and all easements. appurtenances, and fixture~ now or hereafter a part of the Property. All replacements and additions shall also he covertd by this Security Instrument..4.11 of the foregoing Js referred to in this Security Instrument as the "Property.' BORROWER COVE.~ANTS that Borrower is lawfully ~ised of the estate hereby con~'eyed and has the right to Burrower %%'arrants and will defend generally The title to the Proprrty against all claims and demands, sobjec! to '[TIlS SECURITY IN$'~'RUMEN'T combines uniform covenants for national ute and non-uniform covenants ~¥ith limited variation~ by juriedlc~ion to con,flora a uniform ~ecurity i~.strument covering real proper~y. L'NIF'ORM COVENAN'~S. Borrower and Lender covenant and agree as follows: ]. Payment ol Principal and ]nterast; Prepayment and Late Charges. Borrower shall promptly pay when dui the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Tases and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall ~a}' to l_.ender on the day monthly payments are due under the Note, un~l the Nots is paid in full. a sum ('Funds") for: a) yearly ~.~es and assemments which may attain priority over this Securily Instrument as a lien on the Proper~y: (bJ !'early Icamhold payments or ground rents on the Property, if any: (c) yearly hazard or ptoparty ivsurance premiums: (d) yearly flc~x:i insurance premiums, if any: (e} yearly mortgage insurance premiums, if an}'; and (f} any sums payable by l~rrow~r to l.endet, in accordsn~e with the provisions of paragraph 8, in lieu of the payment o[ mortgage insurance premiums. 'l'h~e items are called 'Escrow Items.' Lender may. at any time, collect and hold Funds in an amount not to e~:eed the maximum amount a lender for a federally tala'ced mortgage loan ma)' require for Borrower's ~m~' account under the federal Real E~ta~e Settlement Procedures Act of 1974 as amended from time to time, 12 Se~-tion 2~01 et seq. ('R~P.-~'). unl~ another law that appllas to the Funds s~s a lesser amount. ]f so, Lender may, at any time. collect and hold Funds in an amoum not 1o exceed the lesser amount. Lender may e~nimats the amount of Funds due on the basis of current data and reasonable estimates of expanditore~ of f~ure ~scrow Items or othera'ise in accordance with applicable law. The F. nds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entit}' (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Fqnds to pay the F. scrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyting the independent real estate tax reporting service u.md by Lender in connection with this loan, unless applicable la~' provides otherwise. Unless an agreement is made or applicable law requires interest to be paid. Lender shall not be required to pay ILorrowet any in~erc~t or earnings on the Funds. Borrower and Lender may agree in writing, however, that imerest shall be paid on the Funds. Lender shall give 1o Borrower, without charge, an annual accounting of the Funds. showing credlu~ and debi~ to the Funds and the purpose for which e~ch debit to the Funds was made. The Funds are pledged &~ additional security for all Sums secured by this Security Instrument. if the Funds held by Lender exceed the amounts permitted to be held by applicable law. Lender shall account to I~)rro~ver for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by I.ender at any time is not sufficient to pay the Escrow Items when due. Lender may so notify Borrower in writing. ~p the deficiency in no more than twelve monthly payments, at Lander's sole discretion. L'pon payment in full of all sums Secured by this Security Instrument, Lender shall promptly refund to Borrower any It.ads held by L~-nder. If. under paragraph 21, Lender shall acquir~ or ~ell the Property, Lender, print to thc acquisition or sale of tim properly, shall apply any Funds held by Lender at the tlme or acquisition or sale as a credit against the sums secured by this Security Instrument. .I. Application of Payments. Unle~ applicable law provides othetwlse, all payments received by L~ndsr under paragraphs I and 2 shall be applied: fire~, to any prepayment charge~ due under the Note; second, In amounts payable under paragraph 2: third, to in~-~'est due; fourth. Io principal due; and last. to any la~e chargas due under the Note. 4. Charges: Liens. ~orrowet shall pay all taxes, assessments, charge~, fines and impositions atu'ibutable to thc Property ~'hlch may attain priority over this Security lns~rumant, and l~asehold payments or ground rents, if any. Borrower shall pa}' these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the parson owed payment. Borrower shall promptly furnish to Lender all notices of amonn~ to bc paid under this paragraph. If Borrower makes these payments directly, Borrower shall promp:ly furnish to f .ender receipts ~videnclng the payments. Borrower shall promptly discharge any lien v-hich has priority over this Securily Instrument unless Borrower: agrees in writing to The payment of the obligation secured by the lien in a manner a~eptsble to l~..nder; (b} ~n~.~ in good faith the lien by. or defends against enforcement of the lien in. legal proce~llngs which in the Lendsr's opinion operate to prevent the enforcement of the lien; or (c) secure~ from the holder of the lien an agreement ~ti~asto~. to l.ender subordinating the Ilea to this Security Instrument. If Lender deL~rmine~ that any part of the Ptopa~y is subject to a lien which may attain priority over thLs Security Instrument, Lender may give ]~orrower a notice identifying the lic~. Bon'ower shall satiny the Ilea or lake o~e or more of the actions set Iorth above within 10 days of the ~iving of including floods or I~ooding, for which Lender requires ir, surance. This i..suranse shall be mainmlned in the amounm and for the periods that Lender requires. The insuranc= carrier pro¥iding the insurance sbell be chosen by Borrower subject to Lender's approval D-hlch shall not be unreasonably withheld. If Borrower fails xo maintain coverage d~.cribed paragraph 7. All insuranc~ poilcles ;nd renewals shall be acceptable to Lender and shall include a standard mortgage Lender shall have the tight to hold the policies and renewals. If Lender requires, Borrower shall promptly give to I.ender all receipts of paid ptemlutns and renewal notices. In the event of loss, ~orrower shall give prompt noti~ to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. '""L'n~ess Lender and ~ortower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair r~toration or repair is not economically feasible or Lender's recurlty would be ~e~ened, 'ibe insurance proceeds sha~l be o~fered to sett~e a claim, then Lender ma)' collect the insurance pt'oce~ds. Lender ma)' use the pr~.-eeds to repair or L'ntess I .endcr and Borrower otbers'ise agree in writing, any application of proce-~s to pril~cipal shall no~ extend It' under paragraph 21 the Proper~r is acquired b~' Lender, Borrower's right to an~' insurance policies and pt~:e~de Leaseholds. Borrower shall occupy', estsbllsh, and use the Property as Borrower's principal residence within slxt~' days residence for at least one }-eat after the da~e or' occupancy, unless Lender otherwise agrtes in wmting, which eonrel{t shall Borrower shall be in der'dull if any [orfelture action or proceeding, whether civil ot criminal, .is begun that in |,~nder's g~ax;I t'aith jud~men~ could result in t'orfelture o~ the Propar~y or others, ire materially impair the Ilea created b~' this created by this Security Instrument or Lender's s~curit~' interest. Borrower shall also be in default if Borrower. during provide Lender with an)' material information) in connection with the loan evidenced by the Nose, including, but not hmited to. representauons concern ~lg Borrower s occupancy of the Property as a principal residence. If this Se~urit}' Instrument is on a leasehold, Borrower shall comply with all the provisions or' the lease. If ]~orrower acquir~ fee title to 7. Protection of [.endet's Rights in the Property. If Borrower fails to perform lhe ~ovenants and agreemcnLs contained in this Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in thc An)- amounts disburs~l by Lender under this paragraph ? shall become additional debt of Borrower s~ut~l by this t'rom lhe date of disbursement at the Note ~ate and shall be payable, with interest, upon notice from Lender to Borrower req%mstlng pa)'m~nt. 8. NIortgage Insuraece. ~t' Lender required mortgage insurance as a condition of making the loan secured b)' this ~.rity In~trument. Borrower shall pay the premiums requited to maintain the morlg~.ge istsuranca in e~fect. If, for any mortgage insurer approved by Lender. If subetanslall7 equivalent mortge~e i~suranse coverage is not available. paid by Borrower when the insurance coverage lapeed or ceased to be in effect, l.ender will accept, use and relain tbes~ In the event of a total taking of the Properly, the proceeds shall be applied Io the sums secured by this Security in writing, the sums ~ecured by This Security Ins:raiment shall be reduced by the amount of the pro~%-~ts multlplied by the following fraction: (a) the total amount of ~he sums secured immediately before the taking, divided b~' (b) th~ ~'air 13. Loan Char~es. 1! the lc*an secured by this ~:urlt)' Instrument is sub~-~t to a las' ~'hlch aces maximum loan exceeded permitted limlt~ will be refunded to Borrower. Lender may choo~e m make this refund by reducing the 00K 4t4 ria...227 16. Borrower's Copy. Bor~ower shah be given one co~'or mad cop)' of the Note and of this Security instrument. 17. Transfer of the Pro~rty ~ a ~cnefic~l Interest in Bo~ower. If ail or any ~ of the P~)' or all sums ~ur~ by this S~orlty Instrum~t. Hmvev~, this option s~ll ~t ~ exerci~ b}' Len~r if exe~i~ If [.under exerci~ this eption, Len~r shall give ~)rrow~r noti~ of acceleration. 'I~ notice s~ll ~vide a ~ritM of not I~ than ~ ~ys from the ~te the no,ce is deliv~ or mail~ within which ~rrower m~t ~y all s~ms ~ur~ b$' this ~urit)' Instrument. If ~rrower fails to ~)' th~ sums ~ior to t~ ex~tlon of this ~ri~, ~nder may invoke 18. Borrower's Right to Reinstate. If ~wer m~ ~rtai~ conditions, Bo~ower shall We the Hght ~ have enforcement of this ~uHty I~trum~t digontin~ at any time prior ~ the ~rli~ of: (al S ~ys {or s~h ot~r ~ri~ as appli~ble law may s~ify for r~ment) ~fo~ ~le of the Pm~y pu~ant to any ~wer of ~le ~n~i~ in this ~urity I~trument; or (b) en~ of a j~gmem enfo~ng this ~urity l~ument. ~ conditio~ are that ~rrowe< fa} ~ys ~er all sums which th~ woold ~ d~ under ~s ~uHty I~rum~t ~d the Note as i[ no enforcing this ~urit)' l~trument, {nclud{ng, b~ hal limited to, r~neble at~r~ys' f~; a~ (d) ~k~ s~h acti~)n by }~}rrower lhls S~'urity [~trum~t and the obli~tions ~ur~ ~b) s~l[ mmnJl, {ull)' effective ~ if no acc~leratlon had {<cu~. However, this right lo reinstate s~ll not apply in the ca~ of acc~leration under paragraph 17. 19. Sale of Note; Chan~e of Loan Servicer. ~e No~ or a ~rtial intermt in ~e Note {toget~r with this al~ may ~ o~ or mo~ chang~ of the ~n ~rvicer unrelat~ ~ a ~le of the No~, If there is a cben~e of the Servicer, ~rrowe~ will ~ given wri~ noti~ of the c~nge in a~or~nce wixh ~graph 14 a~ve and a~icable Tho notice will s~te tbe name and sdd~ of the new ~n ~micer and the a~r~ to which ~ym~ts shoaJd ~'mnde. The notice will a[~ conmln any ot~ informalion ~ulr~ by a~licable law. . 20. Hazardous Substances. ~wer shall not cs~ or ~rmit the ~nce, ~, dia~al, ~ora~, or ~l~a~ of an} Flavsrdous $u~n~ on or in the Pm~y. Bor~w~ shall not do, nor allow an~ne el~ ~ do, anything a~f~ting the Pro~rty that is in violation of any EnvlmnmenUl ~w. The ~ing two ~ntenc~ shall ~t ap~y to tho pr~, ]~nvironmen~l I~w of which ~r~wer h~ act~l knowl~ge. If ~wer I~r~, ~ is notJfi~ by any ~x~rnmenta[ or toxic ~icid~ and ~r~, volatile ~lven~, materials confining ~ or formaldehyde, and radioactive materials..~ ~ in this ~raph ~. '~vi~nmen~ ~w' m~ f~r~ laws and laws of x~ juri~iction whc~ the NON-L'Nll~ORM COVENANTS. ~r~wer and ~nder fu~her ~venant and a~ ~ follo~ under para~rsph 19 unless ~ppliceble law provides otherwise). ~nder shall notify Borrower o{. ~mont other things: (al the default; (b) the acti~ required to cure lhe default; (el when the default mg~ be cured; end (d) Instrument, forecJ~ure by judicial pr~eedln~ and ~le of the Pro~fly. ~nder shall further inform not cured as s~clficd, Lender, at its option, may require immediate ~yment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial by applicable law. 22. Release. U~n ~ym~t 0f all sums ~ur~ by tMs ~uHzy l~rumcnt, ~is ~ty I~rum~t and thc 00 14i4 ea . 228 23, Waivers. Borrower, to the exten! permitted by sppllcablc law, waives end releases any error or defe~ls in ' proceedings to enforce this Security Instrument. and hereby waives t~e benefit of any present or future laws prox'~ding 24. Reinstatement Period. Borrower's time to reinststs provided in paragraph 18 shell extend to one hour prior to the commencement of bidding at a sheriff's sale or other s~le pursuant to this Secorlty Instrument. 25. Purchase Money ,Mortgage. If any of the debt secured by this Security Instrument is lent t~ Borrower to acqui re title to the* Property.'~his Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the ~ntcrest rate payable after a judgment is enter~l on the Note or in nn action of mo~'tgage foreclosure shah be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower sad re~rded together w~th this S~:urity Instrument, the covennn~s and ~greemcnts of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements o! this ,%~urlzy lnstruraenl, as if the rider(s) were a part of this S~:urlty Instrumem. [Check applicable box(es)] .~ .-~,dj~.stable Rate Rider [] Condominium Rider ['~ 1-4 Family Rider Graduated Payment Rider L [ Ptenned Unit Development Rider II Biweekly Payment R~der ~ Balloon Rider ] I Rate Improvement Rider [ I~cond Home Rider ~ V..~,, Rider I, [Otber(s) [specify] BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenanls contslned in this Security (Seal} (Seal) (Seal) Certificate of Residenc~ I, , do hereby certify that the corr~t addres~ofthewithln-namedMortgageels 2000 0Xr0RO BRIVE, 3B0 ;L00R, BETHEL PARK, PA hand this ~a)' of the person exec.ted the same for the purposes herein contaiue~. IN WITNESS WHEREOF. I hereunto ~et my hand and official sea{. My Commission Fl~pir~,, EXHIBIT 'A' ALL THAT CERTAIN HOUSE AND TRACT of ground situate in the First Word of the Borough of Mechanicsburg, Cumberland County. Penn.Ironic, bounded and described in occordor~,e v~th o survey prepared by Ge~t J. Betz AssO~ates, Inc.. Engineers and Surveyors. doted June 19. 1985 as follows, to ~,-it: BEGINNING ot o nail on the Norlhern building line o~ West Keller Street. being 19.41 feet by some from South Fsederick Street and at the center line of o double bdck dwelling house; thence by the nodhem tine of West Keller Street, South ~6 degrees 18 minutes 00 seconds West, a distance of 21.00 teet to a Din; thence North 03 degrees 42 minutes 00 secon~ West, o distance al 160.00 feet to d Din on the southern line of o 12 foot olle~ thence along sold alley. Non'h 86 degrees 18 minutes 00 seconds East, a distance of 3,05 feet to a pin on said olie'/', thence 5outh 03 degrees 42 minutes 0O seconds East, o distance at 50 feet to a I~n; thence No~h 86 degrees t8 minutes 00 seconds East, a ~$fonce of I 1.32 feet to o Din: thence South 0~ degrees 27 minutes 00 seconds East. o clistonce of 66.17 feet to o pin; thence south 03 degrees 42 minutes 00 seconds East, o distance of 44.16 feet posslng through the center of a parliBon wall. to the No, hem building line of West Kmler Street. t'ne point and place of BEGINNING. HAVING THEREON E~ ECTEO Re western ~, of o two,-st o~' double be~ck dwelling ~, . - ~ and humbled as 1~ West Keller St~t. ~, PO, 17~5. ,~ * * '/' ' :' · , *,.,..7&~5~..~ ,9,30 VERIFICATION The undersigned, a duly authorized representative of Ptalntiff, deposes and says, subject to the penalties of 18 Pa. C.S.A. §4904 relatiag to uaswom falsification to authorities, that the facts set forth in the foregoing Compiaint in Mortgage Foreclosure are true and correct to the best of his/her information mad belief. 0 SHERIFF'S RETURN - CASE NO: 2003-04188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS BILGER THOMAS J REGULAR KENNETH GOSSERT , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE BILGER THOMAS J DEFENDANT , at 1610:00 HOURS, on the at 1008 E SIMPSON STREET MECHA~NICSBURG, PA 17055 HARVEY BILGER, FATHER a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 3rd day of September, 2003 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments 223 COCKLEYS DRIVE MECHANICSBURG, PA IS VACANT. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this /? ~ day of ,~/~L~. .26klD A.D. /~rothonotary -- So Answers: R. Thomas Kline 09/04/2003 GRENEN & BIRSIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO.: 03-4188 CIVIL TERM vs. THOMAS J. BILGER, ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendant. CODE - I hereby certify that the address of the Plaintiff is: 909 Hidden Ridge Drive Suite 200 Irving, Texas 75038 the last known address of the Defendant is: 1008 East Simpson Street Mechanicsburg, PA 17055 FILED ON BEHALF OF PLAINTIFF: PNC Bank, National Association COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Pa. I.D. # 77991 Esquire GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO.: 03-4188 CIVIL TERM vs. THOMAS J. BILGER, Defendant. PRAECIPE FOR DEFAULT JI/DGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against the Defendant, THOMAS J. BILGER, in the amount of $74,282.94 which is itemized as follows: Principal Interest to 10/21/03 Late Charges to 10/21/03 Escrow Deficiency to 10/21/03 Corporate Advances Title Search, Foreclosure and Execution Costs Attorneys' fees TOTAL $ 65,638.64 $ 5,050.24 $ 294.06 $ 0.00 $ o.oo $ 2,500.00 $ 800.00 $ 74,282.94 with interest on the Principal sum at the rate of $12.14 per diem from October 21, 2003 and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRESEN & BIRSIC, P.C. Kris~ine M. Anthou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) SS: ) ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for an.d authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PNC BANK, NATIONAL CIVIL DIVISION ASSOCIATION, Plaintiff, PENNSYLVANIA NO.: 03-4188 CIVIL TERM THOMAS J. BILGER, Defendant. TO: THOMAS ,3. BILGER 1008 East Simpson Street Mechanicsburg, PA 17055 DATE OF NOTICE: Septe~ber 24, 2003 IMPORTANT NOTICE DEFAULT BE~CAUS~fYOU HAVE FAILED TO ENTER A WRITTEN YOU ARE IN APPEARANCE PERSONALLY OR BY ATTORNEY AND~FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ~LNDYOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SMOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND".OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBER~A%~ENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 1 800 990-9108 By: GRENEN & BIRSIC, P.C. Attt~neys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: PNC Bank, National Association VS, Thomas J. Bilger : ( ) Confessed Judgment : ( ) Other : File No. 03-4188 Civil Term : Amount Due $74,282.94 : Interest 1,717.24 : Atty's Comm : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described prop~r~y of the defendant(s) 102 West K~ller Street, Mechanics~bur~, PA 17055' PRAEClPE FOR A'I-rACHMENT EXECUTION Issue writ of attachment to-the Sheriff of, : County, for debt,:interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the descriptiOn; supply four cgpies;of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the Date defendant(s) described in the attached exhibit. 10/21/03 Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: KCistine M. Anthou Grenen & Birsic, PC One Gateway Center. Nine West Pittsburgh, PA 152P? Plaintiff 412 281-7650 77991 (over) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4188 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From THOMAS J. BILGER (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 propen'y of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If propen'y 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 $74,282.94 Interest $1,717.24 Atty's Corem % Arty Paid $117.59 Plaintiff Paid Date: NOVEMBER 4, 2003 (Seal) Prothono~ Deputy L.L. $.5O Due Prothy $1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, NINE WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Snpreme Court ID No. 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO.: 03-4188 CIVIL TERM vs. THOMAS J. BILGER, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN HOUSE AND TRACT of ground situate in the First Ward of the Borough of Hechanlcsburg, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated June 19, 1985 as follows, to wit: BEGINNING at a nail on the Northern building line of West Keller Street, being 19.41 feet by same from South Frederick Street and at the center line of a double brick dwelling house; thence by the northern line of West Keller Street, South 86 degrees 18 minutes 00 seconds West, a distance of 21.00 feet to a pin; thence North 03 degrees 42 minutes 00 seconds West, a distance of 160.00 feet to a pin on the southern [tine of a 12 foot alley; thence along said alley, North 86 degrees 18 minutes 00 seconds East, a distance of 3.05 feet to a pin on said alley; thence South 03 degrees 42 minutes 00 seconds East, a distance of 50 feet to a pin; thence ~prth 86 degrees 18 minutes 00 seconds East, a distance of 11.32 feet to a pin; thence South 09 degrees 27 minutes 00 seconds East, a distance of 66.17 feet to a pin; thence south 03 degrees 42 minutes 00 seconds East, a distance of 44.16 feet passing through the center of a partition wall to the Northern building line of West Keller Street, the point and place of BEGINNING. HAVING THEREON ERECTED the western ~ of a two-story double brick dwelling house, known and numbered as 102 West Keller Street, Mechanicsburg, PA 17055. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. TAX PARCEL NUMBER 16-23-0567-036. BEING the same premises which Joyce E. Apgar, n/k/a Joyce E. Elhajj and Thomas William Elhajj, Jr., husband and wife, by deed dated October 30, 1997 and recorded on November 3, 1997 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume 167, Page 140, granted and conveyed unto Thomas J. Eilger, single man. DBV 167 Page 140 Tax Parcel Number 16-23-0567-036 By: IRSIC, P.C. K~i~tine M. A~thou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PNC BANK, NATIONAL CIVIL DIVISION ASSOCIATION, Plaintiff, vs. THOMAS J. BILGER, Defendant. PENNSYLVANIA NO.: 03-4188 CIVIL TERM AFFIDAVIT OF LAST KNOW~ ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 102 West Keller Street, Mechanicsburg, PA 17055 is Defendant, Thomas J. Biger, whose last known address is 1008 East Simpson Street, Mechanicsburg, Pennsylvania 17055 to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE I ~¥ ~omm~on ~x~~ ~dNOtafles IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PNC BANK, NATIONAL CIVIL DIVISION ASSOCIATION, Plaintiff, THOMAS J. BILGER, Defendant. PENNSYLVANIA NO.: 03-4188 CIVIL TERM AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about November 6, 2000, Defendant was mailed a combined Act 91 and Act 6 Notice, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. SWORN TO AND SUBSCRIBED BEFORE Notary Public Joanne M. Wehner, Nolary Pub Jc ICity of Pittsbuq;Ih Allegheny County My Comrniss on Expires June lg~ 2005 Member*, Penn~,"" ,ia Association of Notade8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL CIVIL DIVISION AESOCIATION, Plaintiff, NO.: 03-4188 CIVIL TERM vs. T~OMAS J. BILGER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ o~ Execution was filed the following information concerning the real property of Thomas J. Bilger, located at 102 West Keller Street, Mechanicsburg, Pennsylvania 17055, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF THOI~%S J. EILGEE, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWIN~ DESCRIBED REAL ESTATE SITUATED IN THE FIRST WARD, BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON THE WESTERN ONE HALF OF A TWO-STORY DOUBLE BRICK DWELLING HOUSE KNOWN AS 102 W~BT KELLER STREET, MECHANIC~BURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 167, ~AGE 140. TAX PARCEL NUI~BER 16-23-0~67~036. The name and address of the owner or reputed owner: Thomas J. Bilger 1008 East Simpson Street Mechanicsburg, PA 17055 2. The name and address of the defendant in the judgment: Thomas J. Bilger 1008 East Simpson Street Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC Bank, National Association Plaintiff Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: PNC Bank, National Association Plaintiff 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax Assessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant (s) or Current Occupant (s) 102 West Keller Street Mechanicsburg, PA 17055 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of lS Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: /0/~/~ BY: ri~e M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this~u. ~ay of ~i~/ ,2003. ,,.:,~;,rtal Sea] . | ~/""~.Notary C[ of p~ttsou ?-:-,".~'~:~une 10, 20~)51 Public I My "Y ~i,-',- ,i;Associat~o~ot Notades Member, penn. ,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PNC BANK, NATIONAL CIVIL DIVISION ASSOCIATION, Plaintiff~ vs. THOMAS J. BILGER, Defendant. PENNSYLVANIA NO.: 03-4188 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: THOMAS J. BILGER 1008 East Simpson Street Mechanicsburg, Pennsylvania 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, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on March 03, 2004, at 10:00 A.M., the following described real estate, of which Thomas J. Bilger is the owner or reputed owner: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF THOMAS J. BILGER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED R~AL ESTATE SITUATED IN THE FIRST WARD, BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON THE WESTERN ONE HALF OF A TWO-STORY DOUBLE BRICK DWELLING HOUSE KNOWN AS 102 WEST KELLER STREET, M~CHANICSBURG, PENNSYLVANIA 17055. DEED BOOK VOLUME 167, PAGE 140. TAX PARCEL NUMBER 16-23-0567-036. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of PNC BkNK, NATIONAL ASSOCIATION, Plaintiff, vs. THOMAS J. BILGER, Defendant. at Execution Number 03-4188 CIVIL TERM in the amount of $76,000.18. Claims against the property must be filed with the Sheriff before the above sale date. Claims tc proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. 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. Lawn, er Referral Service cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717)249-3166 (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. 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 for 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 the 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 of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. By: GRENEN & BIRSIC, P.Co ( Kristine M. Anthou, Esquire Attorney for Plaintiff PNC Bank, National Association VS Thomas J. Bilger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4188 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Kristine Anthou. Sheriff's Costs: Docketing 30.00 Poundage 15.76 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 13.80 Law Journal 358.40 Patriot News 319.06 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 832.84 paid by attorney 02/25/04 This ,/,7? day of R. Thomas Kline, Sheriff Prothonotary Real Estafe Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 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 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Thi~ Sunday Patriot-News newspapers of general cimulation, 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 20th and 27th day(s) of January and the 3rd day(s) of February 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 state~nent on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office f°r the Rec°rding °f Deeds in and for said C°unty °f ~l~°us B°°k "M"volUmecopy14, Page 317. ~~;J- PUBLICATION .............................................................. ~. ................ Sworn to and sub rd day of.ff~brua~'~'~)4 A.D. S ALE #16 NotadalSe~pubt.~/ ~ ~/;~~~/~/~ Te~ L. R~s~l, N ~m E~r~J~6,2~ NOT~Y PUBLIC ~,~a~~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUN'rY 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 $ 319.06 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 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 tree. REAL ESTATE SAI~ NO. 16 Writ No. 2003-4188 Civil PNC Bank. National Association VS, Thomas J. Bllger Atty.: Kristine Anthou LONG FORM DESCRIPTION ALL THAT CERTAIN HOUSE AND TRACT of ground situate in the First Ward of the Borough of Mechan- icsburg, Cumberlmad County, Penn- sylvania, hounded and described in accordance with a survey prepared by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated June 19, 1985 as follows, to wit: BEGINNING at a nail on the Northern building line of West Keller Street, being 19.41 feet by same from South Frederick Street mid at the center line of a double brick dwelling house; thence by the north- ern line of West Keller Street. South 86 degrees 18 minutes 00 seconds West, a distance of 21.00 feet to a pin; thence North 03 degrees 42 minutes 00 seconds West, a dis- tance of 160.00 feet to a pin on the southern line of a 12 foot alley; thence along said alley, North 86 degrees 18 minutes 00 seconds East, a distance of 3.05 feet to a pin on said alley; thence South 03 degrees 42 minutes 00 seconds East, a distaIme of 50 feet to a pin; thence North 86 degrees 18 min arie C~yne, Editor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOIS E. SNYDER. Notary Public Ca,isle ~oro, Cumberland County My Commission Expires March 5, 2005 ern line of West Keller Street, South 86 degrees 18 minutes 00 seconds West, a distance of 21.00 feet to a pin; thence North 03 degrees 42 minutes 00 seconds West, a dis tance of 160.00 feet to a pin on the southern line of a 12 foot alley; thence along said alley, North 86 degrees 18 minutes 00 seconds East, a distance of 3.05 feet to a pin on said alley; thence South 03 degrees 42 minutes 00 seconds East. a distance of 50 feet to a pin; thence North 86 degrees 18 ~nin- utes 00 seconds East, a distance of 11.32 feet to a pin; thence South 09 degrees 27 minutes 00 seconds East, a distance of 66,17 feet to a pin; thence south 03 degrees 42 minutes 00 seconds East, a distance of 44.16 feet passing through the center of a partition wall to the Northern building line of West Keller Street, the point and place of BE- GINNING. HAVING THEREON ERECTED the western 1/2 of a rw~-story dou- ble brick dwelling house, known and numbered as 102 West Keller Street, Mechanlcsburg, PA 17055. UNDER AND SUBJECT, never- theless, to easements, restrictions. reservations, conditions and rights of way of record or visible upon in- spection of premises. TAX PARCEL NUMBER 16 23- 0567-036. BEING the same preralses which Joycc E. Apgar, n/k/a Joyce E. Elha~ and Thomas William Elhal], Jr., husband and Wife, by deed dat- ed October 30. 1997 and recorded on November 3, 1997 in the Office of the Recorder of Deeds for Cum berland County in Deed Book Vol- ume 167, Page 140, granted and con- veyed unto Thomas J. Bilger, single DBV 167, Page 140, Tax Parcel Number 16-23-0567-036.