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HomeMy WebLinkAbout03-5204CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writ'mg with the court your defenses or objections to the claims set forth against you. You are wamed 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIR1NG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. : CIVIL ACTION - AT LAW : : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 et seq: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume the said debt is valid. If the Debtor notifies the undersigned attorney in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, the undersigned attomey shall obtain written verification of the debt from the Plaintiff and mail it to the Debtor. Upon written request by Debtor to the undersigned attorney within the thirty (30) day period, the undersigned attorney will provide Debtor with the name and address of the original creditor if different from the current creditor. SAIl)IS, SHUFF, FLOWER & LINDSAY Matthew J. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :DOCKETNO. O~ --.~a~ : : CIVIL ACTION - AT LAW : : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A COMPLAINT AND NOW, comes the Plaintiff, Citizens Bank of Pennsylvania, Successor in Interest to Mellon Bank, N.A., by and through its attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, in the person of Matthew J. Eshelman, Esquire, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Citizens Bank of Pennsylvania, Successor in Interest to Mellon Bank, N.A. (the "Bank"), is a financial institution incorporated and existing under the laws of the Commonwealth of Pennsylvania with a principal office located at 100 Sockanosset Crossroads, Cranston, RI 02920. 2. The Defendant, Dawn M. Rufo, is Administratrix of the Estate of Kenneth I. Repp, Deceased, letters of administration d.b.n.c.t.a, having been granted on July 26, 2001, by the Register of Wills of Lehigh County, Pennsylvania, at Orphans Court Docket Number 21- 2000-00541, and whose address is 1415 Presidential Drive, Whitehall, Pennsylvania 18052. 3. The Defendant, Shaun E. O'Toole, is Administrator of the Estate of Anne Y. Repp, also known as Anne Bann Repp, Deceased, letters of administration having been granted on May 28, 2003, by the Register of Wills of Cumberland County, Pennsylvania, at Orphans Court Docket Number 21-03-436, and whose last known address is 2813 North Second Street, Harrisburg, Pennsylvania 17110. 4. On or about September 6, 1996, Kenneth I. Repp and Anne Bann Repp, by and through her attorney-in-fact, Kenneth I. Repp (the "Borrowers"), borrowed from and agreed to repay to Bank the sum of Forty-Eight Thousand and 00/100 dollars ($48,000.00) ("Loan"). As security for the Loan, Borrowers executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon situate in the Borough of Lemoyne, Cumberland County, and Commonwealth of Pennsylvania, known and numbered as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043 (the "Property"). A more particular description of the Property is attached hereto, made a part hereof and marked as Exhibit "A". 5. At all other times relevant hereto, Borrowers have been the record and sole owners of the Property holding title as tenants by the entireties. 6. On or about September 13, 1996, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1341, Page 150. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit "B". 7. On or about June 19, 2000, Kenneth I. Repp died, whereby Anne Bann Repp became the sole owner of the Property. A copy of the Decree of Probate and Grant of Letters is attached hereto, made a part hereof and marked as Exhibit "C". 8. On or about April 8, 2001, Anne Bann Repp died. A copy of the Certificate of Death is attached hereto, made a part hereof and marked as Exhibit "D". 9. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Borrowers. 10. Under the terms and conditions of the Note ("Note"), the Borrowers agreed to make monthly payments to Bank in the amount of Four Hundred Twenty-nine and 00/100 Dollars ($429.00) beginning October 5, 1996, and continuing on the 5th day of each month thereafter. I 1. The Borrowers have breached the terms and conditions of the Mortgage and Note and are in default under such terms and conditions because they have failed to make payment required in accordance with the terms thereof for July 2000, and subsequent months. Borrowers are presently indebted to Bank, as of September 19, 2003, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) itemized as follows: Principal Balance Interest to and including September 19, 2003 Late Charges Attorney collection fees Total Due $ 33,895.41 $ 9,046.19 $ 255.00 $ 8.639.32 $ 51,835.92 12. The Borrowers also agreed under the terms of the Mortgage that in the event of default thereunder the Borrowers would pay, in addition to the charges listed in paragraph 13 above, costs incurred by Bank as a result of the institution of these legal proceedings. 13. The obligation owed by Borrowers to Bank continues to accrue interest thereon at the rate of $4.68 per diem, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorney's fees. 14. The notice normally required by Homeowners' Emergency Mortgage Assistance Act (Act 91) is not applicable insofar as the Borrowers are more than twenty-four (24) months delinquent, inter alia. 15. The notice normally required by Act 6 is not applicable insofar as the successor record owner of the property has not given notice to the lender, there has been an abandonment of the subject property, the residential mortgage debtor has surrendered the property, or any or all of the above reasons, inter alia. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, Successor in Interest to Mellon Bank, N.A., demands judgment in rem against the Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, also known as Anne Bann Repp, Deceased, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property situate in the Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania known and numbered as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043, as more particularly described in Exhibit "A". RespectfUlly sukr~itt~d, s i :s Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hall, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Citizens Bank ..: :ii :i:: 090696 11:49 ' ,~'~'~;~c~r~ ~a~sona! Ored,~ Llne~ Agreement ~) Mel~on ~anlc.. No. 2J-2000-00541 Estate Of Kenneth I. Repp , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW JULY 26 Igc2001 , in consideration of the petitionon the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the iastrument(s) dated May 24, 1995 described therein be admitted to probate and filed of record as the last will of ~ ~n n ~ t- h T. g~= pp ; and Letters of Administration d.b.n.c.t.a. are hereby granted to Dawn M. Rufo, formerly known as Dawn M. Wendt FEES Probate, Letters, Etc .......... $ 25.00 Short Certificates( ) .......... $. 15.00 Renunciation ................ $. 15.00- $ TOTAL $. 55.00 F/led .... .JJ~...Y..2.4. ,..2.0.0. ~ ................ tm' of Wii~ Shaun E. O'Toole Sup. Ct. I.D. No. '44797 A?I'ORNEY (Sup. Ct. I.D. No.) 2813 North Second Street / ADDR]~SS Harrisburg, Pennsylvania 1 711 0 PHONE (717) 213-6653 m05.,05 ~v.(0~/0~) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is Illegal to duplicate this copy by photostat or photograph. 2864181 Charles Hardester State Registrar d UN 1 2 ZOO3 CERTIFICATE OF DEATH a. F~e ,. 19~ -- 16 -- 3166 *- ~-8-2001 C~gt,PA .. C~emo~ ~gns S Rthab ,~'~'~' ,~ ~hltt Inc. ~ ,~. ~,a 12 ("~+' 2 . -~ Ca--on Soc~e~ l ,,~ o~ PA Cre~or~ I,~ H~r~b~g,PA 17109 7,'4~ ,;goo! CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF successor in interest to MELLON BANK, N.A.,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : DOCKET NO. VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/kJa ANNE BANN REPP, Deceased, Defendants : CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Thomas Araujo, Banking Officer of Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., being authorized to do so on behalf of Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. CITIZENS BANK OF PENNSYLVANIA Successor in interest to Mellon Bank, N.A. Date: Supervisor, Legal Department NOV n 5 2003 CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF successor in interest to MELLON BANK, N.A., Plaintiff ! CUMBERLAND COUNTY, PENNSYLVANIA VS. DAWN M. RUFO, Adrninistratrix of the ESTATE OF KENNETH I. REPp, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE y. REpp a/k/a ANNE BANN REPp, Deceased, Defendants :DOCKETNO. 03-5~0q 8t,'l/ 7~r-r~7 : : : : CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A ANSWER AND NOW, come the Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shann E. O'Toole, Administrator of the Estate of Anne y. Repp, also known as Anne Bann Repp, Deceased, by and through their attorneys in the person of Shaun E. O'Toole, Esquire, and file this Answer, alleging in support thereof the following: Paragraphs 1 through 15, inclusive, are Admitted. WHEREFORE, D_efenda_nts, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne y. Repp, also known as Anne Bann Repp, Deceased, stipulate to the entrv_(~em against the Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, also known as Anne Bann Repp, Deceased, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property situate in the Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania known and nmnbered as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043, as more particularly described in Exhibit "A" of the Complaint. Respectfully submitted, Date: 5haun E. O'Toole, Esquire 2813 North Second Street Harrisburg, Pennsylwmia 17110 (717) 213-6653 Attorney for Defendants VERIFICATION We, Dawn M. Rufo and Shaun E. O'Toole, Defendants in the above-captioned matter, hereby verify that the statements made in the foregoing pleading are true and correct to the best of our information, knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: By:_ Dawn M. Rufo, Admini~tl-atfix of the Estate of Kenneth I. Repp, Deceased Date: lo [2~,/03 J Shaun E. O'Toole, Administrator of the Estate of Anne y. Repp, Deceased CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF successor in interest to MELLON BANK, N.A.,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/Ida ANNE BANN REPP, Deceased, Defendants : CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF SERVICE I, Shaun E. O'Toole, Esquire, hereby certify that I this day served a tree and correct copy of Defendants' Answer Plaintiff's Complaint upon the parties listed below via United States Mail, postage prepaid, addressed as follows: Citizens Bank of Pennsylvania c/o Saidis, Shuff, Flower & Lindsay Attn: Matthew J. Eshelman, Esquire 2109 Market Street Camp Hill, PA 17011 Respectfully submitted, Date: "<Shaun E. 0 Toole, Esquire 2813 North Second Street Harrisburg, Pennsylvania 17110 (717) 2,13 -6653 Attorney for Defendants NOV 2 G 2003 CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administralrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/Ida ANNE BANN REPP, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5204 CiVIL TERM CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A AND NOW, this ~i~day of ~ 2003, upon consideration of the PlaintiWs Motion for Judgment upon Admission in the above-captioned matter and the representations therein, Judgment is hereby entered in rem against the Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, also known as Anne Bann Repp, Deceased, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property situate in the Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania known and numbered as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043, as more particularly described in Exhibit "A" of the Complaint. BY THE C1TIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratfix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 03-5204 C1VIL TERM : CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A MOTION FOR ENTRY OF JUDGMENT UPON ADMISSION Pursuant to Pa. R.C.P. No. 1037(c) AND NOW, comes the Plaintiff, Citizens Bank of Pennsylvania, Successor in Interest to Mellon Bank, N.A., by and through its attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, in the person of Matthew J. Eshelman, Esquire, and moves the Court for entry of judgment upon admission pursuant to Pennsylvania Rule of Civil Procedure 1037(c), and in support thereof avers the following: 1. A complaint in mortgage foreclosure was filed to the above-referenced docket requesting relief in the form of "judgment in rem against the Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, also known as Anne Barm Repp, Deceased, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property situate in the Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania known and numbered as 711 Hmmnel Avenue, Lemoyne, Pennsylvania 17043, as more particularly described in Exhibit 'A' "of the Complaint. 2. An answer to said complaint was executed by each of the Defendants admitting to each allegation contained in the complaint and stipulating to the relief requested. WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, Successor in Interest to Mellon Bank, N.A., Plaintiff, Citizens Bank of Pennsylvania, Successor in Interest to Mellon Bank, N.A., moves the Court for a judgment upon admission pursuant to Rule 1037(c) pursuant to the attached, proposed judgment order. Date: Matthew J. Esh~Iman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 170l 1 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Citizens Bank CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratdx of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5204 CiVIL TERM CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF SERVICE I, Matthew J. Eshelman, Esquire, hereby certify that I this day served a tree and correct copy of the Motion for Judgment upon Admission upon the parties listed below via United States Mail, postage prepaid, addressed as follows: Date: Shaun E. O'Toole, Esquire 2813 North Second Street Harrisburg, Pennsylvania 17110 Attorney for Defendants Respectfully sub:nitted, SAIDI ~, ~ ~.'~, i~& LINDSAY BY:M dlw~E" hqm s ; a e J. s . an, Equie ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, Citizens Bank NOV n 5 2003 CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOC T NO. 0 3 - P0¥ I '37r, CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A ANSWER AND NOW, come the Defendants, Dawn M. Rufo, Administratrix ~,.~e .~tate~k~ Kenneth I. Repp, Deceased; and Shann E, O'Toole, Administrator of the Est., Repp, also known as Anne Bann Repp, Deceased, by and through their attorneys in the pets'fin of Shaun E. O'Toole, Esquire, and file this Answer, alleging in support thereof the following: Paragraphs 1 through 15, inclusive, are Admitted. WHEREFORE, De...~fendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, also known as Anne Barm Repp, Deceased, st!pulate to the entry of judgment in rem against the Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, also known as Anne Bann Repp, Deceased, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property situate in the Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania known and numbered as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043, as more particularly described in Exhibit "A" of the Complaint. Respectfully submitted, Date: Shaun E. O Toole, Esquire 2813 North Second Street Harrisburg, Pennsylvania 17110 (717) 213-6653 Attorney for Defendants VERIFICATION We, Dawn M. Rufo and Shaun E. O'Toole, Defendants in the above-captioned matter, hereby verify that the statements made in the foregoing pleading are true and correct to the best of our information, knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Iv ]z~,[o5 By: Dawn M. Rufo, Adminigtratrix of the Estate of Kenneth I. Repp, Deceased Date: Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, Deceased CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratfix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO.' N/A CERTIFICATE OF SERVICE I, Shaun E. O'Toole, Esquire, hereby certify that I this day served a true and correct copy of Defendants' Answer Plaintiff's Complaint upon the parties listed below via Un/ted States Mail, postage prepaid, addressed as follows: Citizens Bank of Permsylvan/a c/o Saidis, Shuff, Flower & Lindsay Atto: Matthew J. Eshelman, Esquire 2109 Market Street Camp Hill, PA 17011 Respectfully submitted, Date: -%Chaun E. O Toole, Esquire 2813 North Second Street Harrisburg, Pennsylvania 17110 (717) 213-6653 Attorney for Defendants PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 CITIZENS BANK OF PENNSYLVANIA, successor in imerest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 03-5204 CIVIL TERM : CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Pursuant to Rule 3256, kindly issue Writ of Execution in the above matter: Amount due $51,835.92 Interest from September 20, 2003 $4.68 per diem Costs to be added Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: Mat(h~w J.tdE~helman, EsquireS) #72655 2109,Nlarket Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-5204 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, SUCCESSOR IN INTEREST TO MELLON BANK NA Plaintiff (s) From DAWN M RUFO ADMINISTRATRIX OF THE ESTATE OF KENNETH I REPP DECEASED 1415 PRESIDENTIAL DRIVE, WHITEHALL PA 18052- SHAUN E O'TOOLE ADMINISTRATOR OF THE ESTATE OF ANNE Y REPP A/K/A ANNE BANN REPP DECEASED 2813 NORTH SECOND STREET, HARRISBURG PA 17110 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS 51,835.92 L.L.$ 0.50 Interest FROM SEPTEMBER 20, 2003 $4.68 PER DIEM Atty's Comm % Due Prothy $1.00 Arty Paid $ 82.00 Plaint/fl Paid Date: NOVEMBER 26, 2003 Other Costs (Seal) CURTIS R. LONG Prothonot~ By: ~ ~, REQUESTING PARTY: Name MATTHEW J ESHELMAN ESQ Address: 2109 MARKET STREET, CAMP HILL, PA 17011 Deputy Attorney for: PLFF Telephone: (717)737-3405 Supreme Court ID No. 72655 CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and S HAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 03-5204 CIVIL TERM : CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting on that tract of land together with the buildings and improvements erected thereon located in the Borough of Lemoyne, Cumberland County, Pennsylvania, known and numbered as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043. 1. Name and address of owners or reputed owners: Kenneth I. Repp, Deceased Dawn M. Rufo, Administratrix of The Estate of Kenneth I. Repp, Deceased 1415 Presidential Drive Whitehall, PA 18052 Anne Bann Repp, Deceased Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 2. Name and address of defendants in the judgment: Dawn M. Ru£o, Administratrix of The Estate of Kenneth I. Repp, Deceased 1415 Presidential Drive Whitehall, PA 18052 Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgrnent is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiffherein) of every mortgage of record: PNC Bank, National Association Consumer Loan Center Collateral Control 2730 Liberty Avenue Pittsburgh, PA 15222 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: Respect~lly submitted / By: Matthew J. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5204 CIVIL TERM CWIL ACTION - AT LAW MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased 1415 Presidential Drive Whitehall, PA 18052 Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 PNC Bank, National Association Consumer Loan Center Collateral Control 2730 Liberty Avenue Pittsburgh, PA 15222 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Thom Araujo Citizens Bank 100 Souckanosset Crossroads Cranston, RI 02920 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 3, 2004 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: the following tracts of land together with the buildings and improvements erected thereon located in the Borough of Lemoyne, Cumberland County, Pennsylvania known as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043. THE JUDGMENT nnder or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., Plaintiff v. Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased, Defendants, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of these properties are: Kenneth I Repp, Deceased and Anne Bann Repp, Deceased. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriffof this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: Respectfully submitted, SAIDIS, ~U? ~O]~/ER & LINDSAY By: Matthew J. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff situate in the Borough of Lsmo~ne, cumberland county, Pennsy!~ania, with ~;rov~ments thereon erected, more particularly demigna~zd and descried as ~o!!~: Avenue, ~hich point As seventy-five (75] feet distar.~ in Avenue and Seventh (~ormerl~ Lc:ne) street, a~ the we~tmrn ilne o~ Lo~ NO. 68 c~ 5ec~i~ "E", in a ~lan oX Lot~' · s Plan No. i o~ Ri~ert~n, Pennsylvania, ~aid Plan being c~corded in t~e Recor~er's Of~L~e for Cumber!and Count~ -a~_s~a, Pennsylvanie, in ~ed 3OO~ "J", V~l. 4, ~age 40, ~=nce 1n a northerly direction alo~q the line of ~aid last :henc~ in a westerly direction along the southe~ si~e li~ moro or !~ss, to a ~oint at the lane of ~ruperty cf ~!~ng ~he line of said las~ mentioned property and oh= cermet of a fr~e parti~ion wall cf a double house a~ :_n an easterly direction along the northern ~id~ line ::aid H~i Avenue seventeen (17] feet six (6) inches, (,r les~, to the place of ~I~. ea~=m~n =i~ of ~ thr~e s~o~ ~ ~elllng house, known CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 03-5204 CIVIL TERM : CIVIL ACTION - AT LAW : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: N/A WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. Date: Respectfully submitted, iiIDI S ~~' ~ ~I~~l~LINDSAY~ Matthew J. Eshelnlan, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff situa=~ in =he 5orcugh of Lamoyne, CUmberland coHn~?, ~enns¥!~ania, with ~ro~emsnt~ thec~c~ erected, more particularly designs=ed an~ described ms ~o!!ow~: ~venue and Seventh {~orm...eri~ Lame) s~reet, at the Line o~ Lot NO. 6a o~ Section "E", in a ~ian 02 · s ~lan Nc. i o~ Ri~rton, ~ennsylu~nia, ~aid ~lan being -- cecorded in t~e Recor~er's 0~Lc~ for C~m~er!and Count? at - ~,-=~-, ~enn~ylvanle, in ~d ~¢ck "J", Vol. 4, Pag~ 40, ~hznce ~n a nor~hmrly directio~ along ~h~ line o~ ~aid last ~an~!uned L~% cma hundred rif~y [130~ fzet to A~!~ ~lay; ~,r !es~, to the place o~ CITIZENS BANK OF PENNSYLVANIA, successor in imerest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5204 CIVIL TERM : CIVIL ACTION - AT LAW : : MORTGAGE FORECLOSURE : : pREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 25th day of November, 2003, I, Matthew J. Eshelman, Esquire, of the firm of SAIDIS, SHUFF, FLOWER & LINDSAY, attorneys for Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased 1415 Presidential Drive Whitehall, PA 18052 Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp adk/a Anne Bann Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 PNC Bank, National Association Consumer Loan Center Collateral Control 2730 Liberty Avenue Pittsburgh, PA 15222 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Thom Araujo Citizens Bank 100 Souckanosset Crossroads Cranston, RI 02920 By i \ Matthew J. Esl :lman, Esquire Supreme Cot[ ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff WER & LINDSAY - ....... VICE "CERT FICA"I"E OF MAILING: ~a~a~s 5huff, Flower & L nd ' PS Yo~ ~tl, Jan~ 2~1 U.S. POSTAL SERVICE C~l iFiCATE OF MAILING M~.Y BE USED FOR DOMESTlC AND iNTeRNATIONAL MAIL. DOES NOT PROVIDE FOR iNSURANCE-POSTMASTER PS Form 38t7, Januai~001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ""~'~'~idis, Shuff, Flower & Lindsa~. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC ANO tNTEiI~NATIONAL MAIL, DOES NOT PROVIOE FOR INSURANCE~OSTMASTE ~dald~s, Shuff, Flower & Linds~ 2i 09 Market Street Camp Hilt, PA 1/Ul 1 Clr..K fi~iCATE OF MAILING"' MAY BE USED FOR DOMESTIC AND iNTeRNATIONAL MAll., DOES NOT R~'~=Saidis, Shuff, Flower & Lind ~_, u~ ,win ~uL Street Camp Hill, PA i70 ii ' situa=e ir. the Borough of Lem~yne, cumberland county, ~articularly desig~.a~'ed and descried as ~ea%~rly direction from ~he nor~!]w~st corner cf Avenue an~ Seventh (formerly Lczne} street, a~ the ~s Plan Nc. i o~ Rivert~, ~ennsyl~ia, ~aid Plan ~ei~g :~corded iz ~e Recorder's O~Lce ~r C,~m~er!a~/ Ceunt~ -a~__s,_, Yennuylvanla ~ed 5cck "J", Vel. 4, Page ~entioned L~ o~e hundred fifty [150) fset ~o A~ple ~lay; ~hencz in a westerly dirzc~ion alonq the southe~ aide ,e~ ~o R~el Avenue; (,r les~, %= ~he place ~f ~GI~C. CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 03-5204 CIVIL TERM : CWIL ACTION - AT LAW : : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: J. BAYLEY PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Enter judgment in the above-captioned proceeding in favor of Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., Plaintiff, and against Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased, pursuant to Judge Edgar B. Bayley's Order of November 26, 2003, in the amount of Filly-One Thousand Eight Hundred Thirty-Five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem from September 20, 2003, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property situate in the Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania known and numbered as 711 Hummel Avenue, Lemoyne, P,~nnsylvania 17043, as more particularly described in Exhibit "A" of the Complaint. Judgmenth s ,$ntered pursuant to Pa. R. Civ. P., Rule 227.4.(2). //L~., / Re spe~' lf~l{~}I, ~ll~l'.l\ ~ ubn~e 1 d~.~ Date: January }2.,2004 By d~k,~/°x,~ '[ Maicthew J. E~elman, Esquire ID #72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 I hereby certify that a copy of this pmecipe has been mailed to each other party who had appeared in the action or to the attorney of record for each other party pursuant to Pa. R. Civ. P., Rule 237 by depositing the same in the U.S. Mail, first class, postage prepaid on this date, addressed as follows: Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Barm Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 Date: January IZ~2004 By: 1415 Presid Whilhall~i Dawn M. Rufo, Administratrix of the Estate of Ke~meth I. Repp, Deceased ~ntial lJrive Matthew J. E,~helman, Esquire ID #72655 CITIZENS BANK OF PENNSYLVANIA, successor in interest to MELLON BANK, N.A., Plaintiff VS. DAWN M. RUFO, Administralrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 03-5204 CIVIL TERM : : CIVIL ACTION - AT LAW : : MORTGAGE FORECLOSURE : : PREVIOUSLY ASSIGNED TO: J. BAYLEY ACCEPTANCE OF SERVICE I, Shaun E. O'Toole, Esquire, attorney for the Estate of Kenneth I. Repp, and Administrator of the Estate of Anne Y. Repp, pursuant to Pa.R.C.P. No. 402(b), hereby accept service of the Writ of Execution filed in the above-captioned matter on behalf of the Defendants, Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased, and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp, also known as Anne Bann Repp, Deceased, and certify that I am authorized to do so. Date: Shaun E. O'Toole, Esquire Attorney and Authorized Agent 2813 North Second Street Harrisburg, Pennsylvania 17110 (717) 213-6653 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 Sheriff's Deed in which Land Holdings LLC is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue of a writ Execution issued on the 26th day of Nov, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5204, at the suit of Citizens Bank of Pa against Kenneth I Repp admrx & Anne Y Repp admir is duly recorded in Sheriff's Deed Book No. 262, Page 2349. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this //~/--~ day of Citizens Bank of Pennsylvania, successor In Interest to Mellon Bank, N.A. VS Dawn M. Rufo, Administratix of the Estate Of Kenneth I. Repp, deceased and Shaun E. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5204 Civil Term O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, deceased Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 3:59 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 Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, deceased and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp adk/a Anne Bann Repp, deceased located at 711 Hummel Ave., 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 and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, deceased and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, deceased, by regular mail to their last known address of 1415 Presidential Drive, Whitehall, PA 18052 and 2813 North Second Street, Harrisburg, PA 17110, respectively. These letters were mailed under the date of January 12, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $77,452.83 to Land Holding, LLC c/o PNC Realty Services. It being the highest bid and best price received for the same, Land Holding, LLC c/o PNC Realty Services of Two PNC Plaza, 19th Floor, 620 Liberty Avenue, Pittsburgh, PA 15222, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $79,201.89. Sheriffs Costs: Docketing $30.00 Poundage 1549.06 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.73 Levy 15.00 Surcharge 30.00 Law Journal 297.95 Patriot News 270.97 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriff's Deed 40.50 $ 2,371.03 Sworn and subscribed to before me So Answers: This 13'~ day of R. Thomas Kline, Sheriff 2004, A.D. (~FS'Pr6thonotary Real Estat6'Deputy SCHEDULE OF DISTRIBUTION SALE NO. 50 Date Filed: April 2, 2004 Writ No. 2003-5204 Civil Term Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A. VS Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, deceased and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/Fda Anne Bann Repp, deceased Sale Date: Buyer: Bid Price: March 3, 2004 Land Holding, LLC c/o PNC Realty Services $77,452.83 Real Debt: $51,835.92 Interest: 772.20 Attorney Costs: 82.00 Total: $52,690.12 DISTRIBUTION: Receipts: Cash on account (12/03/03): Cash on account (03/03/04): Cash on account (03/19/04): $ 1,500.00 7,745.28 71,456.61 Total Receipts: $80,701.89 Disbursements: Sheriffs Costs Legal Search Cumberland County Tax Claim Bureau Lemoyne Borough Attorney Matthew Eshelman Citizens Bank of Pennsylvania PNC Bank, N.A. $ 2,371.03 200.00 3,359.08 1,172.97 1,500.00 52,690.12 19,408.69 Total Disbursements: Balance for distribution: ($80,701.89) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 50 Held Wednesday, March 3, 2004 Date: March 3, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Anne Bann Repp by deed dated March 1, 1993 and recorded March 18, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania in Deed Book "E," Volume 36, Page 345, granted and and conveyed to Anne Bann Repp and Kenneth I. Repp, wife and husband. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Hummel Avenue and Apple Alley. Conditions, Easements and Restrictions shown on or set forth on the Plan of Lots, known as Plan No. 1 of Riverton, Pennsylvania, recorded in Deed Book "J," Volume 4, Page 40. Mortgage in the amount of $48,000.00 given by Anne Bann Repp and Kenneth I.. Repp to Mellon Bank, N.A. dated September 6, 1996 and recorded September 13, 1996 in Mortgage Book 1341 Page 150. CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF successor in interest to MELLON BANK, N.A.,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : DOCKET NO. 03-5204 CIVIL TERM CWIL ACTION - AT LAW : MORTGAGE FORECLOSURE : PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT PURSUANT TO RULE 3129.1 Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., Plaintiff in the above action, sets forth as of the date the Pmecipe for the Writ of Execution was filed the following information concerning the real property consisting on that tract of land together with the buildings and improvements erected thereon located in the Borough of Lemoyne, Cumberland County, Pennsylvania, known and numbered as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043. 1. Name and address of owners or reputed owners: Kenneth I. Repp, Deceased Dawn M. Rufo, Administratrix of The Estate of Kenneth I. Repp, Deceased 1415 Presidential Drive Whitehall, PA 18052 Anne Bann Repp, Deceased Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 2. Name and address of defendants in the judgment: Dawn M. Rufo, Administratrix of The Estate of Kenneth I. Repp, Deceased 1415 Presidential Drive Whitehall, PA 18052 Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 3. Name and address of every judgment creditor (other than the Plaintiffherein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: PNC Bank, National Association Consumer Loan Center Collateral Control 2730 Liberty Avenue Pittsburgh, PA 15222 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., verify that the statements made in this aff~davit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Date: Respectfully submitted / SAIDiS, SUU~F,q. FI~ O~VER & LINDSAY By: Matthew J. Eshelman, Esquire Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS OF successor in interest to MELLON BANK, N.A.,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : VS. DAWN M. RUFO, Administratrix of the ESTATE OF KENNETH I. REPP, Deceased; and SHAUN E. O'TOOLE, Administrator of the ESTATE OF ANNE Y. REPP a/k/a ANNE BANN REPP, Deceased, Defendants : DOCKET NO. 03-5204 CIVIL TERM CIVIL ACTION - AT LAW MORTGAGE FORECLOSURE PREVIOUSLY ASSIGNED TO: N/A NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased l 415 Presidential Drive Whitehall, PA 18052 Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Barm Repp, Deceased 2813 North Second Street Harrisburg, PA 17110 PNC Bank, National Association Consumer Loan Center Collateral Control 2730 Liberty Avenue Pittsburgh, PA 15222 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Thom Araujo Citizens Bank 100 Souckanosset Crossroads Cranston, RI 02920 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 3, 2004 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: the following tracts of land together with the buildings and improvements erected thereon located in the Borough of Lemoyne, Cumberland County, Pennsylvania known as 711 Hummel Avenue, Lemoyne, Pennsylvania 17043. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Citizens Bank of Pennsylvania, successor in interest to Mellon Bank, N.A., Plaintiff v. Dawn M. Rufo, Administratrix of the Estate of Kenneth I. Repp, Deceased; and Shaun E. O'Toole, Administrator of the Estate of Anne Y. Repp a/k/a Anne Bann Repp, Deceased, Defendants, in the amount of Fifty-one Thousand Eight Hundred Thirty-five and 92/100 Dollars ($51,835.92) plus interest at the rate of $4.68 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of these properties are: Kenneth I Repp, Deceased and Anne Barm Repp, Deceased. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal fights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exemise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware ora legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or fights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: Respectfully submitted, ! SAIDIS,~IUFP F-LOWER & LINDSAY By: l!!!w j~. El~2uire-- Supreme Court ID #72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff ALL ?6AT CERTAI~ piece or ~axcel of land, being the eastern one-hal~ of %nat curtain lot or piece of · ituate in the 5orcugh of Lemcyne. c~mb~rland Penns¥!~ania, with ~rovements thereon erected, more particularly designated and described a~ BEGINNING at a ~int on the ,~estern side of Avenu=. ~hich Doint is ~eventy-fiv~ {75] feet di~=a;'.~ Plan No- i o~ Ri~rto~, Penns?l~ia, =aid Plan ~e~g ~ence in a n~rthmrly directian alonq the line of ~aid last ,~entioned L~t cma hundred rlfty [1501 f~et to ApD!~ ~lay; :hencx in a w~ster!y direction along th~ ~outhe~ si~e lin~ m~re or less, t~ a ~oin~ at the line of pr~uerty of ~arren A. wagner and wife; thenc~ in a soul. fly direction an easterly dirmctio~ alnng the northern side line less. to the place o~ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and pub(isher 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, 18§4, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds {n and for said County of Daul~hin~in ~ Volume 14, Page 317. PUBLICATION ....................................... C O P Y Sworn to and subscribed before S A L E #50 Nota~N Se~ Teny L. Russell, Nota~ Public ~ellaneous Book "M', Ci'~ Of Ha~sburg, Dauphin Coun~ N(~rA R'Y PUBLIC My Commission Expires June6,2006 vly 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 Tota~ $ 270.97 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the folloWing dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~ ~TATg ~ NO. 50 Writ No. 2003 5204 Civil Citizens Bank of Pennsylvtmta, successor in interest to Mellon Bank, N.A. VS. Dawn M. Rufo, Adminlstratrlx of the Estate of Kenneth I. Repp. deceased and Shaun E. O~Foole, Administrator of the Estate of Anne Y. Repp, a/k/a Anne Bann Repp, deceased Atty.: Matthew Eshelman ALL THAT CERTAIN piece or par cci of land, being the eastern one- haft of tthat certain lot or piece of land situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, with improvements thereon erected, more particularly designated and described as follows: BEGINNING at a point on the western side of Hummel Avenue, which point is seventy five {75) feet distaxlt in a westerly direction from the northwest corner of said Hurm~el Avenue and Seventh {formerly Lorne) Street. at the western Line of Lot No. 68 of Section ~E", in a Plan of Lots known as Plax~ No. 1 of River- ton, Pennsylvania. said Plan being recorded in the Recorder's Office for Cumberland County at Carlisle, Permsy]vania. in Deed Book "J", Vol. 4, Page 40. thence in a northerly direction along the line of said last mentioned Lot one hundred fifty {150) feet to Apple Alley: thence in a westerly direction along the south ern side line of said Apple Alley, seventeen {17) feet six {6} inches, /~isa Marie Coy~ Editor SWOI:[N TO AND SUBSCRIBED before me this 30 _day of JANUARY 2004_ Carlisle B<xo, Cumberland County My Commission Expires Mamh 5, 2005 more or less, to a point at the line of property of Warren ~ Wagner and wife; thence in a southerly direc- tion alolag the line of said last men- tioned property and through the ~nter of a frame?artitio.n wall, ora Avenue and Seventh (formerly Lorn~ Street. at the western Line of Lot No, 68 of Section 'E'. il} a Plan of Lois known as Plan No. 1 of River- ton, Pennsylvania, said Plan being recorded in the Recorder's Office for Cumberland Counly at Ca~'lisle, Pennsylvama. In Deed Book ~j~, Vol. 4, Page 40, thence in a northerly direction ~dong the hne of said last mentioned lint one hundred l'ifty 050) feet to Apple Alley; thence in a westerly direction along the south- ern side line of said Apple Alley, seventeen (171 feet six (61 inches, more or less, to a point at the line of property of Warren ~ Wagner and wife; thence in a southerly direc- tion alot~g the line of said last men- tioned property and through the center of a frame partition wall of a double house and beyond one hun dred fifty {150) feet to Hummel Av- enue; thence in an easterly direc- tion along the northern side line of said Hummel Avenue seventeen (171 feet six (61 inches, more or less. to the place of BEGINNING. It being the eastern one-half of lot No. 69 according to the afore said Plan. and ha~ing thereon erect ed the eastern side of a three story frame dwelling house, known and ntunbered as 711 Hummel Avenue.