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HomeMy WebLinkAbout03-4207IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE,N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, ISSUE NO.: Defendant. CODE: TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: N54 W13600 Woodale Drive Menomonee Falls, WI 53051 AND THE DEFENDANT ARE: 224 S. 5~h Street Lemoyne, PA 17043 WELTMAN, WEINBE~ EI.S C~ L.P.A. BY: / ~ ATTORNEY~ FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 224 S. 5th Street Lemoyne, PA 17043 Bgh of Lemoyne ER~ WELTMAN, WEINB BY: .~ ATTORNEYS FOR PLAINTIFF TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimbedy J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#03101218 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., No: 03-4207 CIVIL ISSUE NO.: Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. CODE: TYPE OF PLEADING: MOTION TO AMEND THE PROPERTY DESCRIPTION OF THE SHERIFF'S DEED FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 Weltman, Weinberg & Reis 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 03101218 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., No: 03-4207 CIVIL Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. MOTION TO AMEND THE PROPERTY DESCRIPTION OF THE SHERIFF'S DEED And now comes, Bank One, N.A., et. al., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Motion to Amend the Property Description of the Sheriff's Deed: 1. On or about June 9, 2004, Plaintiff was the successful bidder at the Cumberland County Sheriff's sale purchasing the property located at 224 S. 5th Street, Lemoyne, PA 17043 for $1.00 2. On or about June 11, 2004, Plaintiff requested the preparation of the Sheriff's deed. 3. On or about June 28, 2004, a sheriff's deed was recorded from the Sheriff of Cumberland County to Bank One, N.A. at Deed Book Volume 263, Page 3878. 4. The Sheriff Deed at Deed Book Volume 263, Page 3878 attached the wrong legal description to the deed. 5. Plaintiff wishes to strike the Sheriff's Deed at Deed Book Volume 263, Page 3878 and to correct the legal description attached to Deed Book Volume 24, Page 9'10 by attaching the legal description for the property located at 224 S. 5~h Street, Lemoyne, PA 17043 and including the following recital after the legal description in the Sheriff's Deed: "The purpose of recording this Sheriff's Deed is to correct the legal description such that the appropriate parcel is conveyed by the sheriff." WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit the Sheriff of Cumberland County to amend the deed with the correct legal description and the Recorder of Deeds Office to strike the previous sheriff's deed recorded June 28, 2004, Deed Book Volume 263, Page 3878. WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly J. ~,~~~ ~a. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Motion to Amend the Property Description of the Sheriff's Deed was mailed to the following on this ~/l~ day of 2004, by first class, U.S. Mail, postage pre-paid: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON 224 S. 5th Street Lemoyne, PA 17043 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. Kimbedy J. Ho...ng//, Esquire Pa. I.D, #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., No: 03-4207 CIVIL Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. ORDER OF COURT AND NOW, this day of ,2004, upon consideration of the Motion to Amend the Property Description of the Sheriff's Deed by Plaintiff, Bank One, N.A., it is hereby ORDERED, ADJUDGED, AND DECREED that this Honorable Court permit the Sheriff of Cumberland County to amend the deed with the correct legal description and the Recorder of Deeds Office to strike the previous sheriff's deed recorded June 28, 2004, Deed Book Volume 263, Page 3878. BY THE COURT: IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., No: 03-4207 CIVIL ISSUE NO.: Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. CODE: TYPE OF PLEADING: MOTION TO AMEND THE PROPERTY DESCRIPTION OF THE SHERIFF'S DEED FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa, I.D. #74950 Weltman, Weinberg & Reis 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 03101218 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., No: 03-4207 CIVIL Plaintiff, V, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M, STEPHENSON, Defendant. MOTION TO AMEND THE PROPERTY DESCRIPTION OF THE SHERIFF'S DEED And now comes, Bank One, N.A., et. al., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Motion to Amend the Property Description of the Sheriff's Deed: 1. On or about June 9, 2004, Plaintiff was the successful bidder at the Cumberland County Sheriff's sale purchasing the property located at 224 S. 5~ Street, Lemoyne, PA 17043 for $1.00 2. On or about June 11, 2004, Plaintiff requested the preparation of the Sheriff's deed. 3. On or about June 28, 2004, a sheriff's deed was recorded from the Sheriff of Cumberland County to Bank One, N.A. at Deed Book Volume 263, Page 3878. 4. The Sheriff Deed at Deed Book Volume 263, Page 3878 attached the wrong legal description to the deed. 5. Plaintiff wishes to strike the Sheriff's Deed at Deed Book Volume 263, Page 3878 and to correct the legal description attached to Deed Book Volume 24, Page 910 by attaching the legal description for the property located at 224 S. 5th Street, Lemoyne, PA 17043 and including the following recital after the legal description in the Sheriff's Deed: "The purpose of recording this Sheriff's Deed is to correct the legal description such that the appropriate parcel is conveyed by the sheriff." WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit the Sheriff of Cumberland County to amend the deed with the correct legal description and the Recorder of Deeds Office to strike the previous sheriff's deed recorded June 28, 2004, Deed Book Volume 263, Page 3878. WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly J. ~ Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Motion to Amend the Property Description of the Sheriff's Deed was mailed to the following on this ~/~l~ day of ~ l~'~r~ ~/, 2004, by first class, U.S. Mail, postage pre-paid: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON 224 S. 5~h Street Lemoyne, PA 17043 Respectfully Submitted: WELTMAN, WEINBERG & REiS CO., L.P.A. Kimberly J. Hoax ,, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK QNE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., No: 03-4207 CIVIL Plaintiff, V, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. ORDER OF COURT AND NOW, this day of ,2004, upon consideration of the Motion to Amend the Property Description of the Sheriff's Deed by Plaintiff, Bank One, N.A., it is hereby ORDERED, ADJUDGED, AND DECREED that this Honorable Court permit the Sheriff of Cumberland County to amend the deed with the correct legal description and the Recorder of Deeds Office to strike the previous sheriff's deed recorded June 28, 2004, Deed Book Volume 263, Page 3878. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE,N.A., slililt ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, v. NO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. NOTICE TO DEFEND 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE,N.A., s/i/if[ ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Bank One, N.A., s/i/i/t Alternative Lending Mortgage Corp., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and flies this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is Bank One, N.A., s/i/i/t Alternative Lending Mortgage Corp., a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff"). 2. The Defendant is Unknown Heirs, successors, assigns, and all persons, firms or associations claiming right, title, and interest from or under Jacqueline M. Stephenson, whose last known address is 224 South 5th Street, Lemoyne, PA 17043. 3. On or about November 20, 1998, Jacqueline M. Stephenson executed a Balloon Note (hereinafter "Note") in the original principal amount of $52,300.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about November 20, 1998, as security for payment of the aforesaid Note, Jacqueline M. Stephenson made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $52,300.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 11, 1998 in Mortgage Book Volume 1505, Page 364. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and rnade a part hereof. 5. Alternative Lending Mortgage Corp., assigned all of its right, title and interest in and to the Mortgage to Banc One Financial Services, Inc., pursuant to an Assignment of Mortgage, which was recorded on May 17, 1999, in Mortgage Book Volume 613, Page 122. 6. Banc One Financial Services, Inc., assigned all of its right, title and interest in and to the Mortgage to Plaintiff, pursuant to an Assignment of Mortgage. 7. Jacqueline M. Stephenson was the current record and real owner of the aforesaid mortgaged premises at the time of her death. 8. The aforesaid Note and Mortgage are in default. 9. Demand for payment has been made upon by Plaintiff, but Jacqueline M. Stephenson was unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 10. On or about July 17, 2003, Defendant was mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 11. The amount due and owing Plaintiff is as follows: Principal Interest thru 7/2/03 Late Charge thru 7/2/03 Escrow thru 7/2/03 Execution Costs thru 7/2/03 Attorneys' Fees thru 7/2/03 Other Charges $ 51,483.10 $ 2,319.77 $ 86.4O $ 2,359.5O $ o.oo $ 1,000.00 $ 50.00 TOTAL $ 57,298.77 12. Contemporaneously hereunder, Jacqueline M. Stephenson been advised of the right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $57,298.77, with interest thereon at the rate of $18.27 per diem from July 2, 2003, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. Kimbedy J. Hon~ Pa. I.D. #74950 Attorneys for Pl@intiff 2718 Koppers Buildin~ 438 Seventh Avenue Pittsbur§h, PA 15219 (412) 434-7~55 .... ., NOTE .'.'? "' . ApP~ ].E,* ST E PH£ N · 1098 · PRINCIPAL' BA~NCE OF THE ~AN AND UNPAID INTER~6T,~E~ DUE, THE LENDER IS U~D~R:'~O OBUGATION TO REFINANCE .THE LOAN AT; ~AT TIUE. YOU WILL, MA~' O~, On ~OU W~C HAy~'~ ~l~ A CE~, WUI~A~. ~ XH~ ~.~E~ YOU ~ : HA~E'THIS LOAN WITH, WILLI~'TO'LENO YOU THE UO~; 'IE ~OU REFINANCE T~ ~ ,...::".:',, 224 S~TH EIEm STREET.LEMoYNE'~'17043 In r~um for a,lo~ ~at I hav~ ~iv~, I pm~ to ~7 U.S. $ 52','~00, O0 ~is ~unt Is called "p~ncipd~')~ pl~.~tcre~, to ~e order of ~er. ~e ~cr is ALTERNAT~ VE LENDING M~RT~E CORP. I undc~.~t *~,~er ~y tr~sfcr ~i~ ~'.*~ ~ndcr or ~nc wh~'~e~ ~is Note by tr~r ~d who is 2. ~E~*'"" .. .~ :.." ,.' ' ~ i~tg~t rgtc'~qui~ by ~Js S~tion, ~'is ~'~c I will pay both befo~.~d ~tcr ~y default dcsc~bed in ~tion I wil m~e my ~n~ly pay~nts at 305 .~T~. STREET. ~Y CITY. N~.* '48708 . · "~ = . *." ~.. or at a different pl~c if ~qui~ by ~e Note If a la~,'.9~hi~ appli~ to this loan an~ wh~.l~ ~ls rr,~mu~ loan ch~ges~ .~'~ly iot~reted ~ ~ ~e ~t~t or (A) ~tc Cb~ for Ov~ue Paymmfi .' y .. ' · . '~. ' ' ' ~e ~t of~e.~o w~l be 5. QO0~. ' ~ of my ov~due pay~t,.of p~c[~ ~d ~te~st. I will pay late chic p~tJy but o~y o~ on e~ 1~ paint. a ~ da~, ~e. No~ Holder ~y r~ul~o ~ o pay ~ ately ~e ~ll ~t of pn~ ~ wh~h h~ ~ b~ ~ ~d ~1 ~ ~te~t'~t I owe on ~at ~t~'~ ~t~ ~t ~ at le~t'~ ~ ~r ~ dm on which ~c notice ~) No W~v~ by No~ H~r ' ' ' ~' .' ,. ' If ~e Note Holder h~ ~q~ ~ to ~y ~h~ly ~ ~I ~ d~bed, a~ve. ~e Note Holder will have the right m be prod ~ by ~ ~r ~1 of ta ~sts ~ exes ~.~f~mg ~ts No~ ~ ~ ~ en ~t p~lbl ~ by a~hc~le law. Unle, ~li~able law ~qui~ a diffe~t ~ ~y ~t~ ~at must be gi~ to ~ ~r ~ Note will bc'giv~ by deli~r~ i~'ol by'~l~s it by f~st ~s ~I~ ~ at ~e Pr~y Add~s.a~ve or at s diffe~t ~d~ if I give the N~.Holder a not~ of my diffe~t a~, ' · . ",: ' ' ~y'n6tic~ ~t'must be giv~ ~ ~ N~e H~r ~der ~is No~ will ~ gi~ by ~lm~ it by fi.t chss ~il to the Note Holder gt ~ add~s s~ ~ ~tion ~(A)' above or at a giff~t ~ if I ~ given a not~o of that N~ 'is ~ obi g~ to do ~.e ~ings. Any ~ who ~. over ~e obl~atiom ~l~d~ ~ obituaries of ~at ~y one. 6f u~ ~y be r~ui~ ~ pay ~1 of:~e.~ o~ ~der ~ "Pre~i" ~s ~ d~t to ~u~ ~ Nb~ Holder to ~ pay~ 9f'~ts d~. "Notke of di~onor" ~ ~e ~t}o ~uire ~ N~e Hold~ ~ giv~'iotl~ to ~r ~ ~.~ts due have not ~ · e N~e H?d~ ~ ~ Note. a Mortgage; ~[ Trust or S~ty D~ (~e "~urity ~t~t"). dated t~ ~ Trs~fer 'of' ~he Prop~ty or a Beueflcl~ I~ter~st In Borrower. If ~l.o~ ~ny pm of ~e Prope~y or any intent i~.lt is sold or trande~d (or if a ~eficial interest io Borrower'ls:sold or transferred ~md Borrower is not,~ n~mral pemon) wi~out Lc~er'~ prior written consem, Lc~der may, at i~s option, ~equire immediute payment.ih full of all sums secured ~'~is.Sechrity lush-umeut. However. this Ol~ion sb~ll ~ot be exewised by ~el~if exercise is p rigaibi~ed by f~, ral' law as Of the d~e of this Security In~nur~l. If'..]~e~ier exerci~ ~his option, Lemier kb~ll Sire ~ol'wwer qutice of acceler~inn. The wtice shall pwvide' a ~rind of not I~s th~n 30 d~ys flora the dale ~he ~olic~ is deliv~red or m&iled wiflfi~ which Bon~wer mu~ pay all sums secured b~/th, is Security Insmun~nt. If Bo/rower falh to pay these mm~.~ prior w the~expim/o~ of this pe~/od, Le-der.may~i~,ok~e my mmed/~ pmmhsed ~y this Security Iommrxmt without fu~er ~ti~'or demmld on Borrowex, , WITNF...~'T~. 'B ~IAND($) AND SEAL(S) O~T~I~'UNDERSIGNED. ". J~QU~kINE hi. STEPHENSON .~o.~s~ ' :. ., (Se~.) Wi'th~ .Recourse, Pay to';:t~' Order of: this ~th day of November,, 19'98 ALTF~.ili~V~ LENDING ~RTOAGE" CORP. D~b~a A." 8choe~C~ · AS~,. ,V~ee Presiden~ (Sign Original Only) Parcel Numher: AP# 15-STEPHEN-lO98 LN# BD8110795 MORTGAGE Ce~lifled True and Correct Copy of Ongina~..~ THIS MORTGAGE ("Security Instrament") is given on JACQUELINE H. STEPHENSON. a single woman November 20. 1998 · The mortgagor is ('Borrower"). This Security Instrument is given to ALTERNATIVE LENDING HORTGAGE CORP. which is organized and existing under the laws of THE STATE OF FLORIDA , and whos'e ~d~sis 2229 PAXTON CHURCH ROAD. HARRISBURG, PA 17110 ("Lender"). Borrower owe~ Lender the principal sum of Fifty Two Thousand Three Hundred and no/lO0 ~llam (U .Sm $ 52,300, O0 ). This debt is evidenced by Borrower's note dated the sawe date as this Security lns;mment ("Note"), which provides for monthly paymems, with the full debt, if not paid e~rlier, due and payable on November 25. 2013 This Security ~nstmment secu~s to Lender: (al the r~,aym~t of the debt evidenced by the Note, with interest, and ail renewais, extensions and modifications of the Note; (b) the payraent of ail other sums, with interest, advanced tinder par~raph 7 to described propcr~y located in CUMBERLAND County, Pemlsylvania: THE LAND REFERRED TO IS LOCATED IN THE COUNTY OF CUMBERLAND. THE STATE OF PENNSYLVANIA AND IS DESCRIBED AS FOLLOWS: PLEASE SEE Alq-ACHED LEGAL DESCRIPTION COHHONLY KNOWN AS: 224 SOUTH FIFITH STREET TAX ID~: 12-22-0822-038 whichhas the address of 224 SOUTH FIFTH ~TREET. LEMOYNE Pcarmylvania 17043 ~zip eo~l ("Property Addre~"); [Street, City], BORROWER COVENANTS that Borrower is lawfully s~tsed of the estate hereby convcyed and has the dgfu to mortgage, and will defend generally the title to the Pwpetiy against all claims and demands, subject to any encumbrances of record. UNIFORM COVENANTS. 8orwwer and Lender covenant and agree as follows: if any; (e) yearly raongaga insurance premiums, if any; and (0 any sums payable by Borrower to Lender, in accordance with 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unlesa another law that applies lO the Funds (including Lender, if Lender is ~ch an institution) or ia any Federal Home Loan Bank. Lender shall apply the Funds to pay the used by Lender in cotmectioa with this loan, unless applicable law provides otherwise. Unless an agreement is made or If thc Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Properly, Lender, prior to the acquisition or sale paymmt~ may no longer be required, at thc option of Lender, if mortsase insurance covcrnse (ip the amount and for the period that I.~nder requires) providcd by a~ insurer approved by Lender a~in bccomes available and is obtained, Borrower shall pay thc premiun~ required ~o maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mort~ag~ 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the properly or any imere~t in it is ~old or transferred (or if a hen¢ficial interest in Borrower is sold or transferred and Borrower is not a natural per. on) without Lc~der's prior written consent, Lender may, at its option, require immediate payment in f~ll of all sums secured by this Security Instrument. However, this option shall not be exerei~ed by Leoder if exercise is prohibited by federal ]aw as of the date of this Security lflsl~J~. If Lender eanFulsea this option, Le~der shut] give Borrower notice of acceleration. TAe notice shall provide a period of not less than 30 days from the date the notice is delivered or fl~ailod within which Borrower must pay all sums secured by this Security ]nstnJment. if Borrower falls to pay thes~ sums prior to the expiration of this period, Lender may invoice any rern~diea permitted by this Security lnatfln'nent without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower mects certain conditiom, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) $ days (or such other period as applicable law may specify for reinstatement) before sale of the Properly pursuant to any povrer of sale contained in this Security lantt~ment; or (b) entr~, of a judgment enforcing this Security thatn~.7~ra. Those conditions are thai Borrower: (a) pays Lender a]l sulz~ which then would he due under this Security lmlmroenl and the Note &q if no acceleration had occurred; (b) cures any defau]t of any othur covenants or agreements; (c) pays all expenses incurred in'enforcing this Security Instrument. including, but not linfit~l to. re~onabio attome,ys' fees; and (d) takes such action as ,Le~_der may reasonably require to assure [Check applica:tble  Adjustable Rate Ridcr [~ Condominium Rider ~ 1~ F~ly Rider ~ ~loon Rid~ ~ Ra~ l~m~nt Rid~ ~ ~ Ho~ Rider ~ VA Rider ~ Omens) Esprit] A~ACHED LEGAL BY SIGNING BELOW, Borrower accepts nnd asrces to the tetr~ and covmants contained in this Security Instrument and in any ridc~s) cxecuted by Borrower and r~orded with it. (Seal) (Seal) Certificate of Residence I, Oebra A. 5choettke , do hereby ccrtif'/that the correct address of thc within-named Mortgagecis 2229 PAXTON CHURCH ROAD. HARRISBURG, PA 17110 Withes my ba~d this 20th day Or Nov~er , Oebra A. Schoettke COMMONWEALTH OF FENNSYLVAN[A, OAUPHI N County ss: On this, $e 20th d~, of November 1998 , before m~, the undersigned oftlcer, personally appeared JACQUELINE ,. STEPHENSON executed thc same for Ibc puq~o~es herein contained. IN WITNESS WHEREOF, [ hereunto set my hand and of'fici~l seal. 60 Yeae Search Page 3 of 3 DESCRIPTION ALL that undivided half interest owned by Grantor Charles D. Stepbe~son in that lot a tract of land situate in tile Borough c,[' Lemoyne, County of Cumberland and State of Pen~sylvallia, more particularly bounded and described as follov,~, to wit: BEGINNING at the Southeastern comer of FitCh Street, formerly Clinton Streets, and Peach Alley; theoce in a Southerly direction along the Eastern line of FiSh Street, 60 feet; thence in an Easlerly direction by a 1/ne parallel with Peach Alley and along lands now or formerly of Mary A. Trostle and H.B. Emey 40 feet; thence in aNortherly direction by a line parallel with Fifth Si:met, 60 feet to Peach Alley; thence in a Westerly direction along the Southern line of Peach Alley 40 feet to the place of beginning. BEING the Northern 60 feet of Lot No. 23, Section C on the Plan of Riverton, Plan No. 1, recorded in the Cumberland County Reeorder's Office in Deed Book J, Volume 4, Page 40. HAVLNG thereon erected a single two and one-half story frame dwelling house known and numbered as 234 South Fifth Street. FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities, that she is Karen V. Zurowick Foreclosure Specialist , of Bank One, N.A., plaintiff herein, that she is duly (TITLE) authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO.: 03-4207 CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, CODE: TYPE OF PLEADING: Defendant MOTIONFORSERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANTTO SPECIAL ORDER OF COURTAND ORDER OFCOURT FILLED ONBEHALF OF: PLAINTIFF: COUNSEL. OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., LP.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#03101218 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., sliliA ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO.: 03-4207 CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Bank One, NA., s/i/iA Alternative Lending Mortgage Corp., by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about August 26, 2003, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant, Unknown Heirs, Successors, Assigns, and all persons, firms or associations claiming right, title and interest from or under Jacqueline M. Stephenson, at the above-captioned number and term. 2. On or about July 14, 2003, Aracor Seamh & Abstract Services, Inc., searched the Cumberland records and found that there is no estate of record for Jacqueline M. Stephenson. A true and correct copy of said search results are attached as Exhibit "A". WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff to serve Defendant, by directing the Sheriff of Cumberland County to post the property at 224 S. 5th Street, Lemoyne, PA 17043, and by publication pursuant to Pa. R.C.P. Rule 430 (b) (2) in one legal journat and one newspaper of general circulation. Service of the Complaint shall be deemed complete and valid upon publication by the Plaintiff and by posting by the Sheriff. WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly O. Hong, Esquire//' v Pa. I.D. #74950 Attorneys for Plairtiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ARACOR Search & Abstract Services, Inc. 1617 JFK Boulevard, Suite #305 Philadelphia, Pennsylvania 19103 (tel) 215/496-0900 (fax) 215/496-0904 MISC#__5908 Dated: 7/14/2003 Dear Valued Client: Please find below the Estate information you requested from the Miscellaneous Department for: Jacqueline Stephenson SS~ 210-26-5976 in Cumberland County. No Estate on Record IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, V. NO.: 03-4207 CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant PA. R.C.P. RULE 403 (a) AFFIDAVIT Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff and deposes and says that the following accurately reflects efforts made to determine if the Defendant is deceased and if there are any heirs of record: On or about July 8, 2003, Plaintiff was advised that the Defendant died on March 30, 2003. 2. On or about July 14, 2003, Aracor Search & Abstract Services, Inc., searched the Cumberland County records and found that there is no estate of record for Jacqueline Stephenson. 3. On or about July 23, 2003, Plaintiff received a telephone call from Christine Stephenson, daughter in law of Jacqueline Stephenson, and was advised that the children do not want the property and that there is no estate opened. Finally, affiant deposes and says that after the foregoing investigation, Plaintiff is unaware of the identity or location of the heirs, if any. WELTMAN, WEINBERG & REIS CO/¢LiP.A. Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed ~before, me this ~ day of ,~-~/~/~2003. l'~tary Publ(c / NGELA M SCHOFIELD, NOTARY PUB[JC ITC OF PITTSBURGH, ALLEGHENY COUNTY~ MY COMMISSf0N EXPIRES MARCH 8, 2006 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Motion for Service of Complaint in Mortgage ForeclosurE; Pursuant to Special Order of Court and Order of Court were mailed to the following on this day of _, 2003, by first class, U.S. Mail, postage pre-paid: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON 224 S. 5TM Street Lemoyne, PA 17043 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/lit ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO.: 03-4:207 CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant ORDER OF COUR'r AND NOW, to wit, this /o''~ day of ~,,~,.,-. ~ ,2003, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED .and DECREED that the Plaintiff is permitted to serve Defendant, by directing the Sheriff of Cumberland County to post the property at 224 S. 5th Street, Lemoyne, PA 17043, and by publication pursuant to Pa. R.C.P. Rule 430 (b) (2) in one legal journal and one newspaper of general circulation. Service of the Complaint shall be deemed complete and valid upon publication by the Plaintiff and by posting by the Sheriff. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A. s/i/ia ALTERNATIVE LENDING MORTGAGE CORP., NO.: 03-4207 CIVIL Plaintiff, VS. ISSUE NO.: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, CODE: TYPE Of PLEADING: Defendants. PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE FILLED ON BEHALF OF: PLAINTIFF COUNSEIL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 VWVRf103101218 IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A. s/i/iA ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendants. NO.: 03-4207 CIVIL PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above-captioned matter. WELTMAN, WEINBEP, G & REIS CO., L.P.A. Kimberly J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SHERIFF'S RETURN - CASE NO: 2003-04207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA ET AL VS STEPHENSON JACQUELINE M ET AL REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon STEPHENSON JACQUELINE M UNKNOWN HEIRS SUCCESSORS ASSIG the DEFENDANT , at 2021:00 HOURS, at 224 SOUTH 5TH STREET LEMOYNE, PA 17043 POSTED PROPERTY AT 224 S 5TH a true and attested copy of COMPLAINT - MORT FORE law, on the 15th day of October , 2003 by handing to STREET LEMOYNE, PA 17043 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Posting 6.00 Surcharge 10.00 .00 45.04 Sworn and Subscribed to before me this ~ 5~_ day of A.D. honorary ! ' So Answers: R. Thomas Kline 10/16/2003 WELTMAN WEINBE~ REIS By: ~~eriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A,, s/i/iA ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant No. 03-4207 CIVIL PRAECIPE FOR DEFAULT JUDGMENT (IN REM) I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: N54 W13600 Woodale Ddve Menomonee Falls, WI 53051 AND THE DEFENDANT IS: 224 South 5th Street Lemoyne, PA t7043 WELTMAN, WEINBERG ~&,R~IS CO., LP.A. BY' EYS FOR PU&T 'FF Kimbedy J. Hong, Esquire PA I.D. NO. 74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7t~ Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03101218 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/ilt ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff No. 03-4207 CIVIL vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant PRAECIPE FOR DEFAULT JUDGMENT (IN REM) TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, above named, in the default of an Answer, in the amount of $61,374.55 computed as follows: Principal Interest thru 12/3/03 at the legal interest rate of $18.27 per diem Late Charges thru 12/3/03 Property Inspection thru 12/3/03 Preservation Costs thru 12/3/03 Taxes thru 12/3/03 Execution Costs thru 12/3/03 Attorneys fees thru 12/3/03 Title Search $ 51,483.13 $ 5,132.73 $ 86.49 $ 181.00 $ 420.00 $ 3,021.20 $ 0.00 $ 1,000.00 $ 50.00 TOTAL $ 61,374.55 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBER~,8~ REf, S CO., L.P.A. By: Kimberly J. Hong Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., LP.A. By:, ~. L./// Kimberly d. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A. s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Civil Action No. 03-4207 CIVIL Defendant. IMPORTANT NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER Jacqueline M. Stephenson 224 S. 5~h Street Lemoyne, PA 17043 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTM~S CO., L.P.A. By: Kimberly J. Hong Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7~h Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A. s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Civil Action No. 03-4207 CIVIL Defendant. TYPE OF PLEADING: PROOF OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P,A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #03101218 IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A. s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Civil Action No. 03-4207 CIVIL De~ndant. PROOF OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Complaint in Mortgage Foreclosure has been served on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER Jacqueline M. Stephenson. 1. On or about September 15, 2003, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon posting of the property and by publication on one legal journal and one newspaper of general publication. Said Order of Court is attached as Exhibit 2. On or about October 31, 2003, Plaintiff published a copy of the Notice in the Cumberland Law Journal. Said Proof of Publication is attached as Exhibit "B". 3. On or about October 24, 2003, Plaintiff published a copy of the Notice in the Sentinel. Said Proof of Publication is attached as Exhibit "C". copy of the complaint in mortgage foreclosure. On or about October 15, 2003, Cumberland County Sheriff posted the property with a WELTMAN, W.,~N~E.,~EIS, CO., L.P.A. Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 NOTAR!AL SEAL ANGELA M. SCH{)::iELD, NOTM "PUBLIC CITY OF PITTSBt~,;,: ~;, ALLEi: ~0UNTY MY COMMISSION E;(.PIRES 2006 SHERIFF ' S CASE NO: 2003-04207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA ET AL VS STEPHENSON JACQUELINE M ET AL RETURN - REGULAR RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon STEPHENSON JACQUELINE M UNKNOWN HEIRS SUCCESSORS ASSIG the Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 15th day of October by handing to STREET LEMOYNE, PA 17043 together with DEFENDANT , at 2021:00 HOURS, at 224 SOUTH 5TH STREET LEMOYNE, PA 17043 POSTED PROPERTY AT 224 S 5TH a true and attested copy of COMPLAINT - MORT FORE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Posting 6.00 Surcharge 10.00 .00 45.04 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 10/16/2003 WELTMAN WEINBER~ REIS ~ Deputy Sheriff Prothonotary CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Dlvlslon Case No.: 03-4207 Civil BANK ONE. N.A., s/l/l/t ALTERNATIVE LENDING MORTGAGE COP. P. PlamUff VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in wrl~lng with the courL You are waraed that ff you fall to do so the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- q~CE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. 3 Carlisle, PA 17013 {800) 990-9108 K/MBERLY J. HONG~ ESQUIRE PA I.D. #74950 WELTM2JL WEINBERG & REIS CO.. L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 Oct. 31 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Richard Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, s newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEl. has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication ~N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENHSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/'~t ALTERNAT{VE LENDING MORTGAGE CORP., Plaintiff, Case No.: O3-4207 CIVIL Vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAiMiNG RIGHT, TITLE AND INTEREST FROM OR UNDER JAOQUELINE M. STEPHENSON, Defendant October 24, 2003 deposes that he is not interested in ~tter of the aforesaid notice or , and that all allegations in the .,ment as to time, place and character NOTICE if you w sh to defemd, you must enter~ written appea~nce personafly er by attomey~retrue. and file your defenses or objections tn writing with the cou~L You are warned that i~ y0 u~' ~ /' ~ ~~ fait to do so the case may proceed wffhout you and a judgement may be entered ~ money or propert~ or other fights Important to you. [FYOU O YOU SHOULD TAKE THiS NOTICE TO YOUR LAWYER AT ONCE. D OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE ~/ [ NOT HAVE A LAWYER , __ ~ OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Ceu'nt~ Bar Association 2 Liberty Avenue ca~s~e, PA ~70~3 October 29, 2003 800-990-9108 KIMBERLY J. HONG PA i.D. #74950 Weltman, Wefnberg & Reis Ce., L.P.A. 2718 Koppe~s Building 436 7th Avenue ~bscribed before me this 29th Pittsburgh, PA 15219 {412) 434-7955 October ,2003, Notary Public My commission expires: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. TYPE OF PLEADING: PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #03101218 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATWE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County aga'mst Defendant, Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson the amount off 1. Judgment Amount Interest at the rate of $18.27 per diem from 12/03/03 to 6/09/04 2. Late Charges thru 6/09/04 $ 61,374.55 $ 3,453.03 $ 172.98 TOTAL $ 65,000.56 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. Date: Costs (to be added by Prothonotary) $ Kimberly J. Hong Attomey for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4207 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CIJMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A.., S/I/UT ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff (s) From UNKONWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON (1) You are cF~rected 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,374.55 L.L. $.50 Interest AT THE RATE OF $18.27 PER DIEM FROM 12/3/03 TO 6/9/04 - $3,453.03 Atty's Comm % At~y Paid $127.04 $172.98 Plaintiff Paid Date: JANUARY 5, 2004 (Seal) REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court 1D No. 74950 Due Prothy $1.00 Other Costs LATE CHARGES THRU 6/9/04 - CURTIS R. LONG Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL D1VISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND 1NTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Bank One, N.A. et. al., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson, located at 224 South 5th Street, Lemoyne, PA 17043 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUEL1NE M. STEPHENSON OF, 1N AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 224 SOUTH 5TM STREET, LEMOYNE, PA 17043. DEED BOOK VOLUME 1-29, PAGE 724, PARCEL NUMBER 12-22-0822- 038. The name and address of the owners or reputed owners: Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson The name and address of the Defendants in the judgment: Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson the real property to be sold: 224 South 5th Street Lemoyne, PA 17043 224 South 5th Street Lemoyne, PA 17043 The name and last known address of every judgment creditor whose judgment is a record lien on Bank One, N.A., et. al. (Plaintiff Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Bank One, N.A., et. al. (Plaintiff) The name and address of every other person who has any record lien on the property: NONE 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 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: Inheritance Tax Bureau Domestic Relations One Courthouse Square Carlisle, PA 17013 l 3 North Hanover Street Carlisle, PA 17013 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 bein entitled to rely on any statements mad , . g sold under rely on any statement herei ;~, ~_~ , e.herem m rega~ tt, tb..is execution. n .... ~nmumtm~ bid° -r-,-"~.- d .,v the Condition ~,~ , .No person or entity ~ o o wmcn m~ght b~ ~ .~,-e t~tle of the ...... -~ '~ know/edge, intonation ~d b .... ~ue at the sale oft~ ~pe~y or to I veht~ 0mt the statements made in the Affidavit are tree '~u Pmpe~y. Penalties of 18 Pa C * - elieE I ~derstan~ .~ ~d co~ect to the best of my pemona/ . .o.a. 54904 relati ~ ~ .... ~ t~t htse statemen 'n are made subject to the n~ ,~ auswom thls~ficat,on to aut;~;' Sworn to and subscribed before me this day of 03. NOTARIAL SEAL ANGELA M, SCHOFIELD, NOTARY PUBLIC~ Cil~ OF PITTSBURGH, ALLEGHENY COUNTY N~Y COMM~SSt0N EXPIRES MARCH 8, 2006 Kimberly j. Hong, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson 224 South 5th Street Lemoyne, PA 17043 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Colmnissioners Heating Room Carlisle, PA on June 9, 2004 at 10:00 A.M., the following described real estate, of which Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming fight, title and interest from or under Jacqueline M. Stephenson are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPI-[ENSON OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED 1N THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 224 SOUTH 5TM STREET, LEMOYNE, PA 17043. DEED BOOK VOLUME 1-29, PAGE 724, PARCEL NUMBER 12-22-0822- 038. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Bank One, N.A., et. al., Plaintiff, VS. Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson Defendant. at Execution Number 03-4207 CIVIL in the amount of $ 65,000.56, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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 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 SherilTs Sale would ordinarily be delayed pend'mg 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 Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WE1NBERG & REIS, CO., L.P.A. Kimk~I~y J. Hong,'~squire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/fit ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. LONG FORM DESCRIPTION ALL that undivided half interest owned by Grantor Charles D. St~ph~son in that Jot a tract of land simat~ in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, toore particularly bounded and described as feller, s, to wit. BEGINNING at'the Southeat_qem comer ofP~f~h Strc~ formerly Clinton Streets, and Peach Ailed, thence in a South,'fy dir,~on along the ~ linc of Fifth $~'eet, 50 feet; thenc~ in an E~st~rly direction by a line parallel wkh Peach Alley and along land.~ no',v or formerly of Mary A. Trestle and H.B. Eto*y 40 feet; ~h*nce in a Northerly dir~tion by a line parallel with Fifth Street, 60 fe~t to Peach Alley; thence in a Westerly direction along the Southcm linc of Peach Alley 40 fe~t to the place of beginning. BE1N{3 the Northern 60 feet of Lot No. 23, $*ction C on the Plan of Riverton, Plan No. l, recordexl in the Cumberland County Recorder's Office in Deed Book J, Volume 4, Page 40. HAVING thereon crated a single two and one-half story frame dwelling house known and numbered as 234 South Fifth Street. BEING the same premises which Charles B. Stephenson and Shirley E. Stephenson, by Deed dated March 20, 1981 and recorded in Cumberland County on March 26, 1981 at Deed Book Volume 1- 29, Page 724, granted and conveyed to Jacqueline M. Stephenson. WELTMAN, WEINBERG & REIS, CO., L.P.A. Parcel No: 12-22-0822-038 Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATWE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 224 South 5th Street, Lemoyne, PA 17043 is Defendant, Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson, who reside at 224 South 5th Street, Lemoyne, PA 17043, to the best of her infom~ation, knowledge and belief. KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me th~s /3Tda of 00 /O ey IlhllC ' J/ -- "' NOTARIAL SEAL ANGELA M. SCHOFIELD, NO'i'ARy PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNW MY COMMISSION EXP ~Fq ,%~p.,r~ ~ ,,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S. 101, ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about July 17, 2003, Defendant was mailed a Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101 et seq. and a Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 Take Action to Save Your Home From Foreclosure pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et. seq. The foregoing statement is true and correct to the best of my knowledge, information and belief. .... ~.z-.~ , KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to ~n.d subscribed before me, d.a~xf ~_~,ff~/~'~ ANGELA M. SCHOFIELO NO~Ac>¥ ~U~i ~ ,2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATWE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. TYPE OF PLE)d)ING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Behalt'ofi PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #03101218 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. NO: 03-4207 CIVIL AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriffs Sale has been served on the Defendant. 1. On or about September 15, 2003, Plaintiff received a signed Order of Court, permitting Plaintiff to serve Defendant with the Notice of Sheriffs Sale. Service will be complete an valid upon posting the premises and publication by the Plaintiff. A true and correct copy of the Order for Service is marked Exhibit 'A', attached hereto and made a part hereof. 1. On or about March 3, 2004, the Sheriffs Office posled the premises. 2. On or about January 17, 2004, the Notice of Sheriff's Sale was published in The Sentinel. On or about January 16, 2004 the Notice of Sheriff's Sale was published in the Cumberland Law Journal. True and correct copies of the proofs of publishing are marked Exhibit "B" attached hereto and made a part hereofi I verify that these statements made are true and correct to the best of my knowledge and belief. Kimberly J. Hong, Esquire Attorneys for l:qaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Sworn to and subscribed before me This/~ fY/day o f &~'(-~ , 2004. N-°t~'rylS~~c- '~..~ - / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO.: 0~;..4207 CIVIL UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant ORDER OF COURT AND NOW, to wit, this ~d'l'k day of~, 2003, upon consideration of the within Motion for Special Service of the Complaint in Mortgage-Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve Defendant, by directing the Sheriff of Cumberland County to post the property at 224 S. 5~ Street, Lemoyne, PA 17043, and by publication pursuant to Pa. R.C.P. Rule 430 (b) (2) in one legal journal and one newspaper of general circulation. Service of the Complaint shall be deemed complete and valid upon publication by the Plaintiff' and by posting by the Sheriff. BY THE COURT: TRUE COPY FROM RECORD In Testimony ,,.~h::rc. of, I here unto set my hand and the seal or, said Court aL Carli~le~ Pa. / I ProttlonoTar/~ 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 $oumal, 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 m 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, 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. EXHIBIT SWORN TO AND SUBSCRIBED before me this 16 dayof JANUARY, 2004 - Nnt~,-,, - rl NOTARIAL SEAL ~ I L~S E. SNYDER, Nolmy Public I Ca~e Bom, Cumbe~md County CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No.: 03-4207 Civil BANK ONE, N.A.. s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, VS. UNKNOWN HEIRS, SUCCES- SORS. ASSIGNS, AND ALL PER- SONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND IN- TEREST PROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. Notice of Sheriffs Sale of Real Estate on June 9, 2004, at 10:00 in the 2nd Floor, Cumberland County Courthouse, Commissioner's Hear- ing Room, Carlisle, PA. All the right, title, interest and claim of unknown heirs, successors. assigns and all persons, firms or associations claiming righL titJe and interest from or under Jacqueline M. Stephenson of, in and to: All the following described real estate situated in the Borough of Le- moyne, County of Cumberland, Com- monwealth of Pennsylvania. Having erected thereon a dwelling known and numbered as 224 South 5th Street, Lemoyne, PA 17043. Deed Book Volume 1-29, Page 724, Par- cel Number 12-22-0822-038. Bank One, N.A., et al. vs. Un- known Heirs, Successors, ~slgns and ail Persons, Firms or Associa- tions claiming right, title and inter- est from or under Jacqueline M. Stephenson at Execution No. 03- 4207 CIVIL irt the amount of $65,000.56. Schedule of Distribution will be filed by the Sheriff on the date speci- fied by the Sheriff no later than thirty (30) days from sale date. Dis- tributions will he made in accor- dance with the .,~chedule unless ceptions are fll.xd within ten (10) days of the itling of the schedule. KIMBERLY J. HONG, ESQUIRE 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 Jan. 16 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/Fl ALTERNATIVE LENDING MORTGAGE CORP, Plaintiff, NO: 03-4207 cIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRM~ OR ASSOCIATIONS CLAIM- ING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, ' Defendant. Notice of Sheriff's Sale of Reel Estate on June 9, 2004, at 10:00 in the 2nd Floor, Cumberland County Courthouse, Commissioners Hearing Room, Carlisle, PA. ALL THE RIGHT, TITLE INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORSi ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIM- iNG RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND. COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 224 SOUTH 5th STREET, LEMOYNE. PA 17043. DEED BOOK VOLUME ~-20, PAGE 724, PARCEL NUMBER 12-22-0822-038. Bank One1 N,A.. et. al. vs, Unknown Heirs, Successors, Assigns, and all Persons, Firm's or Associations cislm- lng right, title and Interest from or under Jaquellne M. Stephenson at Execution No. 03-4207 CIVIL in the amount of $65,000.56 Schedule of Distribution w[fl be filed by the Sheriff on the date spec[fled by the Sheriff no later than thirty days from sale date. Distributions will be made in accordance with the schedule unless except~n$ ere filed within ten (10) days of the filing of the schedule. Kimbeity J. Hong, Esq. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412)434-7955 January 17, 2004 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to tlme, place and character of publication are true. Janua~ 21,2004 Sworn to a~d/~ribed before ,me this _21 day of f ~nuary ' ~2(~4. ~ ~._~-- -- ~ -- N'~tary Public My commission expires: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DIVISION BANK ONE, N.A., s/i/iA ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimbefly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue', Pittsburgh, PA 15219 WWR #03101218 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to taw deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of the following Lienholders by Certificate of Mail on January 20, 2004. Tree and correct copies of said certificates of mail are attached hereto as Exhibit "A". Sworn to and subscribed before me This/~day of d5~7/~ , 2004. Notary P~c -/ ' ,/ NOT, ~ IAL .:~? _ i WELTMAN, WEINBERG & REIS, CO., L,P.A. Kimberly J. Hong, Esquire Attorneys for Plaintiff 27 l 8 Koppers Building 436 Seventh AYenue Pittsburgh, Pennsylvania 15219 U.S. POSTAL SERVICE CERTiFiCATE OF MAILING ~S Form 3817, January 2001 ~ '~'~ 0 [c:~ t ~" U.S. POSTAL SERVICE CERTIFICATE OF MAJUNG ps Form 3817, January 2001 0''~ 0 EXH/ BIT ' U.S. POSTAL SERVICE CERTIFICATE OF,MAILING PS Form 3817, January 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Bank One N A is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 5th day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4207, at the suit of Bank One N A against Jacqueline M Stephenson is duly recorded in Sheriff's Deed Book No. 263, Page 3878. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~? day of , A.D2004 Recorder of Deeds Bank One, N.A. s/i/i/t Alternative In The Court of Common Pleas of Lending Mortgage Corp. Cumberland County, Pennsylvania VS Writ No. 2003-4207 Civil Term Unknown Heirs, Successors, Assigns and all Persons, Finns or Associations Claiming Right, Title and Interest From or Under Jacqueline M. Stephenson Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 03, 2004 at 11:25 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Unknown Heirs, Successors, Assigns and all Persons, Firms or Association Claiming Right, Title and Interest From or Under Jacqueline M. Stephenson, by posting the premises located at 224 South 5th Street, Lemoyne, Cumberland County, Pennsylvania, pursuant to court order, according to law. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 06, 2004 at 7:20 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations Claiming Right, Title and Interest From or Under Jacqueline M. Stephenson located at 224 South 5th Street, Lemoyne, 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 mad Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations Claiming Right Title and Interest From or Under Jacqueline M. Stephenson, by regular mail to their last known address of 224 South 5th Street, Lemoyne, PA 17043. These letters were mailed under the date of April 06, 2004 and never returned to 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 June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Kimberly Hong for Bank One, NA. It being the highest bid and best price received for the sanae, Bank One, NA of 111 East Wisconsin Ave., Milwaukee, WI 53202, being the buyers in this execution, paid to Sheri~'f R. Thomas Kline the sum of $845.47. Sheriff's Costs: Docketing $30.00 Poundage 16.58 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer l 0.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 279.35 Patriot News 290.20 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 845.47 Sworn and subscribed to before me So Answers: This 30~- dayof (~_~ ~~~'~ R. Thomas Kline, Sheriff 2004, A.D.~, .~Pr6thonotary tr)~ ')'1~),~, --~' BY ~J0t:~~ Real Estate Deputy IN THE COURT OF COMMON PLEAS'OF CUMBERLAND COUq'4TY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/fit ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff; NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Bank One, N,A. et. al., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Unknown Heirs, Successors, Assigns and all Persons, Fire,s or Associations claiming right, title and interest from or under Jacqueline M. Stephenson, located at 224 South 5th Street, Lemoyne, PA 17043 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FERMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 224 SOUTH 5TM STREET, LEMOYNE, PA 17043. DEED BOOK VOLUME 1-29, PAGE 724, PARCEL NLrMBER 12-22-0822- 038. The name and address of the owners or reputed owners: Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson The name and address of the Defendants in the judgnaent: Unknovo~ Heirs, Successors, Assigns and all Persons, Firms or Associations clainfing right, title and interest from or under Jacqueline M. Stephenson the real property to be sold: 224 South 5th Street Lemoyne, PA 17043 224 South 5th Street Lemoyne, PA 17043 The name and last known address of every judgment creditor whose judgment is a record lien on Bank One, N.A., et. al. (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Bank One, N.A., et. al. (Plaintif0 The name and address of every other person who t~as any record lien on the property: NONE 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 The name and address of every other person whom the Plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau Domestic Relations One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pe~msylvania 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. 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 hereh~ are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unswom falsification to authorities. / Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this (~]~?/'day of ~/T)~}~, 2003. IN THE COURT OF COMMON PLEAS 'OF CUMBERLAND COUNTY-, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff, NO: 03-4207 CIVIL VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest fi.om or trader Jacqueline M. Stephenson 224 South 5th Street Lemoyne, PA 17043 TAKE NOTICE that by virtue of the above Wr/t of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sher/ff of Cumberland County, directed, there will be exposed to Public Sale in the 2'~d Floor Cumberland County Courthouse Commissioners Heating Room Carlisle, PA on June 9, 2004 at 10:00 A.M., the following described real estate, of which Unknown Heirs, Successors, Assigns and all Persons, Firms or Associations claiming fight, title and interest fi.om or under Jacqueline M. Stephenson are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUEL1NE M. STEPHENSON OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 224 SOUTH 5TM STREET, LEMOYNE, PA 17043. DEED BOOK VOLUME 1-29, PAGE 724, PARCEL NUMBER 12-22-0822- 038. The said Writ of Execution has been issued on fi judgment in the mortgage foreclosure action of Bank One, N.A., et. al., Plaintiff, VS. Unknown He/rs, Successors, Assigns and all Persons, Firms or Associations claiming right, title and interest from or under Jacqueline M. Stephenson Defendant. at Execution Number 03-4207 CIVIL in the amount of $ 65,000.56, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore 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 Sheriffno later than ten (I0) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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 d~lay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection 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 Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the 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. WELTMAN, WE1NBERG & REIS, CO., L.P.A. Kiml~yy J. Hong,',"'~ssquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4207 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A.., S/UI/T ALTERNATIVE LENDING MORTGAGE CORP., Plaintiff (s) From UNKONWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPIIENSON (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify h/m/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $61,374.55 LL. $.50 Interest AT THE RATE OF $18.27 PER DIEM FROM 12/3/03 TO 6/9/04 - $3,453.03 Atty's Corem % Arty Paid $127.04 $172.98 Plaintiff Paid Date: JANUARY 5, 2004 (Seal) REQUESTING PARTY: Name RIMBERLY J. HONG, ESQUIRE Ad&ess: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Snpreme Court 1D No. 74950 Due Prothy $1.00 Other Costs LATE CHARGES THRU 6/9/04 - CURTIS R. LONG Prothonotary Real Estate Sale #16 On February 25, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 224 South 5th Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 25, 2004 Real Estate~Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Market Street, in the City cf Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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. 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 the office for the Recording of Deeds in and for said County of D~u fin in Miscellaneous Rook "M", PUBLICATION .................................................. COPY Sworn to and su~scrib~ b~tfore me~is 28th day"'of Me2~O04 A.D. S A L E #15 J t Terry L Russell, Notar~ ic 0 of H~rrlsburg, Dauphin Couniy NO'~R'Y [ ~ ......... 6 2006 ~ ~yCommts.flon bxgnrea ~.~ , ~4ernber, pennsylv&nlaAa~°ciati°nglN°tarie~v]Y 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 $ 290.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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 primed 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. 16 Writ No. 2003-4207 Civil Bank One, N.A., s/l/l/t Altema- /ave Lending Mortgage Corporation vs, Unknown Heirs, Successors, Aasigr~, and All Persons, Firms or Associations Claim/rig Right, Title and Interest From or Under Jacqueline M. Stephenson Atty.: K~mberly Hong LONG FORM DESCRIPTION ALL that undivided half interest owned by Grantor Charles D. Ste- phenson in that lot a tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: ' l~saMarie Coyn~, ~ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 -NO'~I~A~. SEAL ~ LOIS E. SNYDER, Notary Public Ca~lisle Boro, Cumberland County My Commission Expires March 5, 2005 BEGINNING at hhe Southeastern corner of Fifth Street, formerly Clinton Streets, and Peach Alley; thence in a Southerly direction along the Eastern line of Fifth Street, 60 feet; thence in an Easterly direc- tion by a line parallel with Peach Alley and along lands now or form- erly of Mary A. Trostle and H.B. Emey 40 feet; thence in a Northerly direction by a line parallel with Fifth Street, 60 feet to Peach Alley; thence in a Westerly direction along the Southern line of Peach Alley 40 feet to the place of beginning. BEING the Northern 60 feet of Lot No. 23, Section C on the Plan of Rlverton, Plan No. 1, recorded in the Cumberland County Recorder's Office in Deed Book d, Volume 4, Page 40. HAVING thereon erected a single two and one-half story frame dwell- ing house known and numbercd as phenson in that lot a tract of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the Southeastern corner of Fifth Street, formerly Clinton Streets, and Peach Alley; thence in a Southerly direction along the Eastern line of Fifth Street. 60 feet; thence In an Easterly direc- tion by a line parallel with Peach Alley and along lands now or form- erly of Mary A. Trestle and H.B. Emey 40 feet; thence in a Northerly direction by a line parallel with Fifth Street, 60 feet to Peach Alley; thence in a Westerly direction along the Southern line of Peach Alley 40 feet to the place of begirming. BEING the Northern 60 feet of Lot No. 23, Section C on the Plan of Riverton, Plan No. 1, recorded in *due Cumberland County Recorder's Office in Deed Book J, Valume 4, Page 40. HAVING thereon erected a single two and one-half story frame dwell- ing house known and numbercd as 234 South Fifth Street, BEING the same premises which Charles B. Stephenson and Shirley E. Stephenson, by Deed dated March 20, 1981 and recorded in Cumber- land County on March 26, 1981 at Deed Book Volume 1-29, Page 724, granted and conveyed to Jacqueline M. Stephenson. Parcel No.: 12-22~0822-038, IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, SEP ?¥~ ~: PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., s/i/i/t ALTERNATIVE LENDING MORTGAGE CORP., No: 03-4207 CIVIL Plaintiff, V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE AND INTEREST FROM OR UNDER JACQUELINE M. STEPHENSON, Defendant. ORDER OF COURT AND NOW, this ~/~,* day of ..f'.~/-,,-¢~ ,.004, upon consideration of the Motion to Amend the Property Description of the Sheriff's Deed by Plaintiff, Bank One, N.A., it is hereby ORDERED, ADJUDGED, AND DECREED that this Honorable Court permit the Sheriff of Cumberland County to amend the deed with the correct legal description and the Recorder of Deeds Office to strike the previous sheriffs deed recorded June 28, 2004, Deed Book Volume 263, Page 3;878. BY THE COURT: COMMONWEALTH OF PENNSYLVANIA .~ COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the SherifPs Deed in which Bank One is the grantee the same having been sold to said grantee on the 9th day of Jone A.D., 2004, under and by virtue of a writ Execution issued on the 5th day of Jan, A.D., 2904, out of the Court of Common Pleas of said County as of Civil Term, 2Q03 Number 4207, at the suit of Bank One N A silt Alternative Lendine, Mtg Corp against lacqueline M Stephenson. is duly recorded in Sheriff's Deed Book No. 265, Page 2493. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~ day of ,~- , A.D2004