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HomeMy WebLinkAbout04-0539 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NO. t"W - 539 t4J CUMBERLAND COUNTY SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 86714 File#: 86714 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known addressees) of the Defendant(s) are: SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/30/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1761, Page 1082. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/0 1/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #; 86714 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2003 through 02/05/2004 (Per Diem $10.15) Attorney's Fees Cumulative Late Charges 05/30/2002 to 02/05/2004 Cost of Suit and Title Search Subtotal $49,417.07 1,603.70 1,250.00 102.85 $ 550.00 $ 52,923.62 Escrow Credit Deficit Subtotal 0.00 48.83 $ 48.83 TOTAL $ 52,972.45 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and wiIl be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 52,972.45, together with interest from 02/05/2004 at the rate of $10.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN/%Lfq.P :J, . 'if By: /slFl.~1fahma - FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 86714 ALL t;hat ce::."'ta;ln tract of" J.and sJ.tuate ;1.n Penn Townshj"p, Cumbe~~and County.. Pennsy1van1.a. bOW'lded an~ d8sc~".1.bed 1n ac.corda.nce w1t;h a Subd1.v1.s.:t.ol'1. prepared by W:1.J.bur H. Cl.1.rton." R...S.. dated AUe!:ust 1. ~g84~ and reool:-ded ~n 1;he Orf'1.ce ot: the Recorder of Deeds for Cumberland County :in P~an Book Ji6; Page 70" BEGINNING at; a P .K. na:1~ J.n the centerIJ.ne or L.R. 2~P64 at the d1v1d~ng 1~n6 or I~t No. 4 on the above ment10ned P1an; thence a10ng the center~.:1ne ot" L.R. 21064. South 18 degrees 40 mLnutes 20 secOl1.ds West 104.75 reet lo a P.K. na:i1; thence st~11 a~ong L.R. 21064., South 18 degrees 24 m1n~xes 50 secOnds West 45.25 reet .to a P.K. na11; thence a10ng Lo~ No. 2 on tbe above ment10ned P1an ot Lots and through an "1.ron p:1n. NOJ."9th "7]; -degrees 35 m:1.nutes. 25 seconds West 213.58 t'ee1; to a.::t 1-rotl p;Ln; th~nce Nortih J.9 degrees 25 .m..1.nutea 40 seqonds East 1.50.. 00 l"e-!!1; to an ~ron pLn; thence a10ng Lot No.4 on the ab~ve.ment~oned Pl.~ oC-Lots. . . South 7~ de ~es 35 IIdnutes 54 seconds East; 2J.:L.39 t"e8t; through an :iron p:in to a P.K:. naJ.J. :in the centerJ.:1ne ot" L.R. 21064. the P1a.ce.or aEGINNING. BEING Lov No. 3"and oonta1n1ng 0.731. acres. DlOx-e 01" ].e=-:s. __ AND BEING part or the Se..me property wh::l.ch Paul. R.. lIh:1,st~er::ll granted and conveyed ~o Pau1 R. Wh~st1er and Cather~e L. Wh1st1erj h::l.s w~re. G~antors here::l.n. b~ deed dated Apr~1 14. 1970 and recorded ::I.n the or~ce at'oresa1d 1n Deed Book Up",. Vol.. 23,. Page 216.. PREMISES BEING: 22 LEBO ROAD VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this rnatter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa, R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. YJ~::-: 7~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: u\S ! o0{ ~ ~ (". IV\' \r- '-"- \ \ \::::, V\ ~ ~. ~. \J '^ w \ ~ \j ....... 'lJ ~ \ ~ \(\ " " "" 'w l.v ~ ~ ~ l.' C) ':-", ., y , - , -<. ~ r--' <"" c::.::> -" ....., .-.1 C.;) I t...~, o .....n ..,!.) ll\r:.- -c,t:Q :ut-( ()C) .-::~ ~', ".-"..-, ;"V,>, -, ~ <Jl N ?~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-00539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS PROVOST SHIRLEY L JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PROVOST SHIRLEY L the DEFENDANT , at 1620:00 HOURS, on the 12th day of February, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SHIRLEY L. PROVOST a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 ,00 .00 10.00 .00 28.00 ~~r:~~#~ , R. Thomas Kline 02/17/2004 FEDERMAN AND PHELAN Sworn and Subscribed to before By: Jo ~ SvvUiL ~puty Sheriff me this ~ 3 M( day of j.~1 ~M A.D. el I {2 /h<lR.,. ~ ---1""'~thonotary , . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., smTE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-539-CIVIL SHIRLEY L. PROVOST Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SHIRLEY L. PROVOST. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the rnortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest frorn 2/6/04 to 3/16/04 TOTAL $52,972.45 $406.00 $53,378.45 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~JlJ1~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: (Yl.~ b rL I P, U>6'-f ~) (( PRO PROTHY ~ ,FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN. ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PffiLADELPHIA, PA 19103 (71 'i) 'ili1.7000 A TIORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY SHIRLEY L. PROVOST Defendants : NO. 2004-00539 TO: SIDRLEY L. PROVOST 22 LEBO ROAD CARLISLE, P A 17013 DATE OF NOTICE: MARCH 4, 2004 TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIllS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSlRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T:QELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Hlt C09~ ~dtu~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004"00539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VS 1~ WASHINGTON MUTUAL BANK FA PROVOST SHIRLEY L JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PROVOST SHIRLEY L the at 1620:00 HOURS, on the 12th day of February, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE DEFENDANT CARLISLE, PA 17013 by handing to SHIRLEY L. PROVOST a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs:" Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 ;;-~~w~'~~~c~_~. , , "l;,."","';'''',";' R. Thomas Kline 02/17/2004 FEDERMAN AND PHELAN day of By: ')0 ci{iJ~K-ctL geputy Sheriff Sworn and Subscribed to before me this A.D. Prothonotary C70()~ ~ 1t- 'i () r- '-~l} p ~ ..0 3 ~ ~ ~ tr B ~ k ~ '< (-'- ~~ u ~- >., C:J FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A. 8120 NATIONS WAY BUILDING 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-539-CIVIL SIDRLEY L. PROVOST Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHIRLEY L. PROVOST is over 18 years of age and resides at, 22 LEBO ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~[1Wvun~ FRANK. FEDERMAN, ESQUIRE Attorney for Plaintiff t...) ~:L~ MU.: c.... (.) ,; Request for Military Status Page 1 of I Department of Defense Manpower Data Center MAR-16-200410:47:40 _ Military Status Report .. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency PROVOST Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that rnaintains the Defense Enrollrnent and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or uon-match. https://www.dmdc.osd.rnil/udpdrilowalsscra.prc_Select 3/16/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W ASIDNGTON MUTUAL BANK, F.A. Plaintiff, v. No. 04-539-CML SIDRLEY L. PROVOST Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $53,378.45 Interest from 3/17/04 to 9/8/04 (per diem -$8.77) $1,543.52 and Costs TOTAL $54,921.97 ~- FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ~ , ~ i~,~ '~'-' ('j ;~,: ~:) ~~\ ill lj~~:::o: S:':~ ~: ::= ~,;!5 ~~ '--.J -~",' .., ,..; Q r- ro..:S ,..; ~ O~ Z i:Io -< 0 ~ rL>.> ... ~~ ro.; ""' ..l ::i ;:J rL>. U ... i:IorL>. ""' ~ -d Z~ ~ 1Jl ~'E' Q) 0,," i:ll 0 "" = ~ 1: > u Q) ~~ ro.. ~ ~ <Jl ~ ~ = . Q) 0'Cj .~ ~ co .r:J 0"", ;:J i:Io ""' :: E:: ~ UZ ""' <Ii ;:~ .... ~ ro..;:J ;:J .. ..l <8 a 00 :?J ~ ~ ~ .... 0 ~ "",U Z ~~ a i:ll ~ ~~ 0 ~ ~'g ~o "" ..l p. s~ ""' ... ~ ~ I.? == ""e- ..... ..... u~ Z 1Jl i:Io ]j ~ ... ... """" == u u; rL>. ~ <Jl ==i:ll Q) ""':?J ~ .t; ~ "0 Z;:J ~ j -< ...u ~~ ~ ~ - , ~ . ~t.:: :: ~ ~ ~~ ~ , - 01 - (1- I I ~ ~ , B~~ga Q ~ ~ ~ ::t 0 -.; . ~;1 ~~~O:t) C 'l5<J.ll)- - ..... ~ f Ji --j- j J ~ ~ pl / / ALL that ce~-ea~n tract o~ ~an~ s~tuate ~n Penn TOWnsh~p. Cwnber:1and County.. PelUlsy1vanj.a, bounded an~ de5c1"1.bed 1n accordance w1.'Ch a SUbd1.v.1.s1on prepared by W1J..bur H.. Cl.1.t'ton~. R..S..,. dated Au~~st l.~ 1.984, and reool."d.ed. 1.n the O.1"t"1.ce or the Recorder or Deeds ror Cumberland County 1n Pl.an Book 46.; Page 70.. BEGINNING at a P..R.. na1~ 1n the centerX1ne or L.R. 21064 at the d:l.V1d1.ng ~1.ne o~ I..ot No.. 4 on the a.l:)ove Jnent1.oned P1an; thence a1.ong the centerline or L. R. 2~0641J South 18 degrees 40 m1.nutes 20 secoa..de West 104.75 reet lo a P.K. na11; thenoe st11.~ a10ng L.R. 2~06~>> South 18 degrees 24 mdnctea 50 Seconds West ~5.25 rest .to a P.X. na~~; tbence a10ng t..o1; No.. 2 on 't:be above 1Uent1oned P~an or Lots and 1Ohroush an "1.ran p1.n. North'1~ -degrees 35 ~1.nut~s 25 seconds Weat 213..58 reet to ~~ ~ron p~ni th~nce Noreh 19 degrees 25 ~utes ~O seqonds East 150.00 re~~.to an 1ron pJ..n; thence al.ong Lot: No. 4 on -ebe above lQent.1.oned PJ.1\S1 or' Loes~ . - . . . Sou.th 71. de ~es 35 Jld.nu.tes 54 seconds E....t 21.1-.39 1'eet 1ohr-ough an 1ron p1n 100 ... P.It. nul. 1n the cen1oer1.1ne 01' L.R_ 21.064. the p1.a.ce.o1" IlEOINNING. :BEING Loy No.3 and conta..1..nj.ng O.73~ acX"'es. more O~ J,e:s::s. _._ AND BEING part or the 5e.me p~oper~y wh:lch Pau~ R.. Wid.Bt~e1'". grant:ed and con~eyed to Pau~ R. Wh~s~l.er and Cath~r~e L. Wh~st1erJ h~8 w.1.re~ Gl"antors here1.n. b~ d.eted dated Ap1".::t..l. 1.11. ~970 and :recorded 1.i1 the Ot'tt.ce aforesa1d ~nDeeu Book "P", Vo~.. 23. Page 216. PREKISES BEING: 22 LEBO ROAD TAX PARCEL# 31-11-0296-053 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (,) NO 04-539 Civil CIVIL ACTION - LAW From SHIRLEY L. PROVOST (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $53,378.45 L.L. $.50 Interest FROM 3/17/04 TO 9/8/04 (PER DIEM - $8.77) - $1,543.52 AND COSTS Atty's Comm % Due Prothy $1.00 Ally Paid $110.00 Other Costs Plaintiff Paid Date: MARCH 18, 2004 CURTIS R. LONG (Seal) Prothonot." n ~ ~: ~- I.-C "'. ' {C/l4<rc.../ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF W ASIDNGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION SIDRLEY L. PROVOST NO. 04-539-CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned rnatter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA rnortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is rnade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~4P dQ JllY'l 0 rl--. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,......j .:':.:.c:' '':''~1 ~~ :"',-1 W ASIllNGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SffiRLEY L. PROVOST CIVIL DIVISION Defendant(s). NO. 04-539-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) WASHINGTON MUTUAL BANK., F.A., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 22 LEBO ROAD, CARLISLE, PA 17013. I. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every rnortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR SillTE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPT. #280601 HARRISBURG, PA 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 22 LEBO ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements rnade in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are rnade subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 16, 2004 DATE ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff l"'.,) CJ .-< I,; , , W ASlDNGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY v. No. 04-S39-CIVIL SBIRLEY L. PROVOST Defendant(s). March 16, 2004 TO: SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at, 22 LEBO ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $53.378.45 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you, In the event the sale is continued, an announcement will be rnade at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late chari costs and reasonable attorney's fees due. To find out how much you must pay, you call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or c judgment, if the judgment was improperly entered. You may also ask the Court t, postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the rnore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you rnay call (717) 240-6390, 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that tirne, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You rnay also have other rights and defenses, or ways of getting your horne back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I ALL ~nat ce~ta~n tract or 1and s~tuaee ~n Penn Townsh1p, Cumber:1.and County.. Pennsyl..van:l.a. bounded an~ a..esQl,"1.bed l.n accordance w1~h a SUbd1v1s1on prepared by W1Lbur H. C1~~ton..R_S., dated Au@~st 1j1 .1.984, and reool.~ded ;1.n the orr1ce or the Reoorder or Deeds 1'ar Cwnber1and Co un ty :in P1.an Book 46.. Pa~ 10.. BEGINNXNG at a P.K. ~l.. 1n the centerX~ne or L.R. 21p64 at the d1v1.d1.ng ~1.n& or l.ot No. 4 on tbe above mentJ.oned PJ.an; thence a1.ong the Qenter~ne or L.R. 2~064. South 18 degrees 40 ~nutes 20 seconds Wes~ ~O~.75 reet lo a P.K. na11; thenoe st11~ a~ong L.R. 2106~, South 18 degrees 24 ~n~tes 50 $econds West ~5.25 ~eet .to a P.g. na11; thence a10ng Lot No.. 2 on tohe above J1lent1.oned P~an ot Lots and 1:hrough an'1.ron p~n, North'7~ -degrees 35 ~nut~s 25 seconds Weat 213.58 reet to ~~ ~ron p~n. tbenee No~h 19 degrees 25 ~utes 40 seqonds East 150.00 re~~,~o . ~ an .1ron pm; thence a.~ong Lot No. It: on t;be ab~ve_lIIent~oned. P~e.n QC' Lots,. . - . Sout>h 71 d.. e:ree.. 35 m1.nut>e.. 54 ....conci.. EB.Bt> 211..39 1'eet> t>M'Ougb an 1rbn p1n to a.l'.it. naj,11n 1;he cent>er11ru> or L.R. 21064. t>he P1a.c&.or ElEIl:IllN:tNG. ElE:ING Lo'i No.3 an<1 eOn1;a1n1ns 0.731 a.cres. lIlO"" or J.e..... _. AND BE:XNG part or 'the same p1:'"Opert.y wb:lcb Paul.. R. \IIhl.stJ.er" granted and con~eyed ~o Pau1 R. ~1se1er and Cather~e L. Wh1st1er~ li1~ w~re,. . "Grantors here1.rt,. b~ deed dated Apr.1.J. 1.l1.. 1.970 and recorded j.n the 01"fi-ce \'aroresa.1.d 1.nDeed Book "P", Vo~. 23" Page 216. PRIlHISES BEING: 2Z LEBO ROAD TAX PARCEL# 31-11-0296-053 r--.' " ,'-~ ':"J --. -,' .:::'") r..1 Washington Mutual Bank, F.A. VS Shirley 1. Provost In The Court of Comrnon Pleas of Cumberland County, Pennsylvania Writ No. 2004-539 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Levy Mileage Surcharge Law Journal Patriot News Share of Bills 30.00 13.43 15.00 15.00 .50 1.00 15.00 12.87 20.00 260.75 270.97 30.49 $ 685.01 so~~.., This ad day of ~~ Cf;- - A /. Thomas Kline, Sheriff 2004, A.D. Q /Ju..tl.t..v. ~' I. Q _, f' BY '-..J~ ~ Prothonotary Real EstattJ Deputy Sworn and subscribed to before me \.00 ~'l,}DJ..'1 ~ Itf5'o11 W ASIIINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SHIRLEY L. PROVOST CIVIL DIVISION Defendant(s). NO.04-539-CML AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, FRANK. FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 22 LEBO ROAD, CARLISLE, P A 17013. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, P A 17105-8486 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER TlURTEENTH FLOOR SUITE 1300 1001 LlliERTY AVENUE PITTSBURGH, PA 15222 COMMONWEALTH OF PENNSYL VANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DMSION ATTN: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPT. #280601 HARRISBURG, PA 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 22 LEBO ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this 'affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of1S Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 16,2004 DATE ~~ F~FEDE~,ESQtmRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY v. No.04-539-CIVIL SHIRLEY L. PROVOST Defendant(s). March 16, 2004 TO: SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 22 LEBO ROAD, CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cwnberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $53.378.45 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you rnust pay, you rnay call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You rnay also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you rnay call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that tirne, the buyer may bring legal proceedings to evict you. 6. You rnay be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The rnoney will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013(717) 249-3166 (800) 990-9108 / ALL that ce=:"ta.J.n tract 01: J:.and sJ.tuate :1.n Penn TownSh1P. Cu.mbe~1and County.. Pennsy1van:la. bounded and <105C1"J.bed 1n accorda.nce w:1.eh a Subd1.v1..s1on prepared by W1J..bur H. Cl.J.fton,. H..S..>> dated Aue:u:st 1,. 1984, and recoL"ded :1.n the Orr1.ce at'" the Recorder or Deeds for Cumberland County ~n P1.anBook 46" Paso 70.. BEGINNING at a P..K.. ~~ 1n the cente~I1ne or L.R.. 21.P64 at the d3.v1d1.ng 11.ne or I..ot No.. 1J on the above ment.1.oned Pl.an; thence a10ng the cent8r~ne or L..R.. 21064, South 18 degrees 40 ~utes 20 sec~ds West 10~..15 reet lo a P.K.. na~1; thence 51:111 a~ong L..R. 2~064" South 18 degrees Zq ~n~tea 50 seconds West ~5..25 ~eet .co a P.K.. na11; thence a10pg l..o~ No.. 2 on t;he above mcnt1.ooed PJ.an or Lots and 1::hrough an 01.ron p:1.n" No~h'7~ -degrees 35 ~nutes 25 seconds West 213.58 ree~ to ~~ ~ron p~n; th~ce North 19 degrees 25 minU~e3 40 seqonds Ease 150.00 re~e>to an ~ron pLn; ~hence a1ongLo~ No.4 on ~he ab~Ve_~nt~oned P14n _o~-Lats~ . - Sou1:h 7~ degrees 35 JldnU1:es 54 seconds ES81: 2J.1.39 1'e..1> 1:hr'Ough an 1rt>n p1n 1:0 a P./C. natJ. 1n 1:he cen1:er~1ne or L.R. 2~D61j. 1:he P~ace_ or I1EGINNxNG. BstNO Lay No. ,-'and eonta1n.:1ng 0.73J. aCrezi. mo~ OX" J;83:5. _. AND BEING part or the $8JJle property wb:1ch Pau~ R... Wh:J.stJ.e:r;lo grant'c'd and oonveyed to Pau1 R. Wh~st1er and Catber~e L. Wh~st~er~ h~5 w~re~ G~ant;or:s.' here~n>> by deed dated Apr:1.l. 14. ~91o and recorded :1.i1 the orfi;oe -at'"oresa3.d :1.nDeed Book ttp"" Vo~... 23" P~216. PRElfiSES BEING: 22 LEBO ROAD TAX PARCEL# 31-11-0296-053 -'_.,--_.,,---_.._-,~-~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-539 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From SHIRLEY L. PROVOST (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $53,378.45 L.L. $.50 Interest FROM 3/17/04 TO 9/8/04 (PER DIEM - $8.77) - $1,543.52 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.00 Plaintiff Paid Date: MARCH 18, 2004 Other Costs CURTIS R. LONG (Seal) Prothonot~ p '-n1 ~.?t~-v . ., 'Gqw..y.J Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #22 On May 18, 2004 the sherifflevied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, P A Known and numbered as 22 Lebo Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 18, 2004 By: v'ti cL4fj~L-Ld f) Real Estif'te Deputy s c:u;l c:u;l c:;:::::J Gi) r;;:nl THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday 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 July and the 3rd and lOth day(s) of August 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 verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COpy SALE#22 AMli......._ _=:Id~" "'FA i'!'1.V~,f~~t:il-1itl~>'(';!i; ....r ':"d~'~:~~~,.\j"...;:;.~J; .~~~~ ~., ~~~:;~a:: Ol/baf.........otlloola ftir~ To THE PATRIOT-NEWS CO. '~~~':l!I""""" For publishing the notice or publication attached ofWl.2Il1l\4....dWIlIilIaliDeafl.o<l/o,4oo hereto on the above stated dates :..t:'af ~"f~.:;e. ~ _20_",,"IIJl.75ftetfD.P.It . . . .. _ ...... WI. 210M.: ,..18 PublIsher's ReceIpt for AdvertIsing Cost 5= '" ~Iio-r~::: ublisher of The Patriot-News and The Sunday Patriot-News, newspapers of general \'Iaort::ioif~OII..Irol"', owledge receipt of the aforesaid notice and publication costs and certifies that the sarne have _71__35_lS_Wat ~~&"rlil~"'t~ =~...~,,=~oof~''''1; ::;~r;tlil~MI~1~~: '..;~......, #~).~: i~_.~ '0,73..1 "",. ..,.. '" ~ ,...., 'L. ' " !=.'~r,.~. '.~14., . a'~~ ~ PUBLICATION 23rd day of ~gust 4 A.D, \ NOTARIAl SEAL Terry L. Russell. Nolory OlyofHorrlsburg. Ooup ~ My Commis~on Expires June 6. 2006 OT Y PUBLIC Member, p.nnsYlvanlaAssocl.lio'WJ~lcfJ.Mnssion expires June 6, 2006 CUMBERLAND COUNTYSHERWFS OFBCE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs 270.97 By."."".".""..".""..."""""...",."".""""."""". PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor ofthe 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 aU 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 foUowing dates, VIZ: JULY 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 aU aUegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 22 ~~.. )1. (Y_ t~~e ~~itor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 Writ No. 2004.539 CIvil Washington Mutual Bank FA VS. Shirley L. Provost Atty.: Frank Federman ALL that certain tract ofland s1tu~ ate in Penn Township, Cumberland County, Pennsylvania. bounded and described in accordance with a Sub- division prepared by Wilbur H. Clifton, R.S.. dated August 1, 1984, and recorded in the Office of the Recorder or Deeds for Cumberland County In Plan Book 46. Page 70. ~A~).LkA~v NO~'A\!l"EAL tl LOIS E. SNYDER. Notary Public Ca~isle BOlO. Cumbetland County My Commission Expires March 5, 2005 BEGINNING at a P,K. nall In the centerline of L.R. 21064 at the di~ vidtng Hne of Lot NO.4 on the above mentioned Plan; thence along the centerline of L.R. 21064, South 18 degrees 40 minutes 20 seconds W.ea1J04,75 feet to a P.K. nall; r """" " "'-,<~,~-, J"U..,.... L.....~~~_ ate in Penn Tovmship, Cumberland County, Pennsylvania, bounded and descrtbed in accordance with a Sub- division prepared by Wilbur H. Clifton, RS" dated August 1, 1984, and recorded in the Office of the Recorder or Deeds for Cumberland County in Plan Book 46. Page 70. dA~)L~ NO~EAJ LOIS E. SNYDER, Nota Carlisle Boro, Cumberlar My Commission Expires M BEGINNING at a P.K, nallln the centerllne of LoR 21064 at the di- viding line of Lot No.4 on the above mentioned Plan; thence along the centerline of L.R. 21064. South 18 degrees 40 minutes 20 seconds West 104.75 feet to a P.K. nail; thence still along L.R. 21064, South 18 degrees 24 minutes 50 seconds West 45.25 feet to a P.K. nail; thence along Lot No, 2 on the above men- tioned Plan of Lots and through an iron pin, North 71 degrees 35 min- utes 25 seconds West 213.58 feet to an tron pin; thence North 19 de~ grees 25 minutes 40 seconds East 150.00 feet to an iron pin; thence along Lot No.4 on the above men- tioned Plan of Lots, South 71 de- grees 35 minutes 54 seconds East 211,39 feet through an iron pin to a P,K, nail in the centerline of L.R. 21064, the Place of BEGINNING. BEING Lot No, 3 and containing 0,731 acres, more or less. AND BEING part of the same property which Paul R. Whistler, granted and conveyed to Paul R. Whistler and Catherine L. Whistler, his wife, Grantors herein, by deed dated April 14. 1970 and recorded in the Office aforesaid in Deed Book "P", Vol. 23, Page 216, PREMISES BEiNG: 22 LEBO ROAD. TAX PARCEL #31-11-0296-053, r , ""' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 W ASIDNGTON MUTUAL BANK, F.A. Plaintiff, v. No. 04-539-CIVIL SIDRLEY L. PROVOST Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 1/+-1 Add'l cost 2>111 ~ I Interest from to SEPTEMBER 6, 2006 (per diem -$8.77) TOTAL $53,378.45 i "3,306.50 .<.;3 .5'::l. CO 13/17/04 TO 9/6/06 and Costs ^T, npc>p t /"'/, :29/.".3f , 1 ~ DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. L__ ____ ___.._._..__ .... ~ s .... .... < Q.< ~ ~ ~ ~ 'i < ~ ~ ~~ ~ ~ u u ~ ., ~ ~t .% ~ .p ~',;>: ~ ~~ ~ ~ 1i01'a ~ ~ e 0 ~~ '0 oJ> Q.<tJ) ~ O~ i 0 z.~ ""' It< .. > ;.:.. ~ \~~ ~ t \~ e ~ p. ., \ ,;. ,j ~ g ~ l .. ~~ .<!. 1 8~ \ ~ ~o ~ ~i Ou ~ ~ f i~ ~ u j \: -< ~ 1 .... 8a IJ.< ~ ~\ ~ ~c <:T' ?-:"- ~ :'~5,~ .t:fj~ 1E: ~ -;:~ >:'..r; '.."'; \-:: -" ~~':;. (~' c.,.' (;0 ~-\ tu (:),r,:- ~ :,}O... -..;,....) ':W -;,:;.;.;;. ""'J" ~~ ~ 2 ~~ ~ D '6 13 ~ ~ ~ cjf - ':. :::r 'vi - ~ - [.:4: - - ~ ~ ~ ~ig~~~~ - ~ ~ - (l- I::) \ <J , -=1 \ \ () ( \, ';J (j~-O~(J VI ---. ()<J()V}() . l;- "I::ry- , > . '\.Ij 0.~~~C" - 0 ~ ~ , ~ ALL that ce=t~n tract or 1an4 s1tuate ~n Fenn Townsh~p, CUlllber:1and County.. Permsy1van:l.a, bounded. an~ desc~"'1.bed l.n accorda~ce w:!..t;h a Subd.:1.v1s.1on prepared by W.1J..bur H.. C1.1.fton~. R.S..., dated A~;uat 1, ~98~ ~ and, reool.-ded i.n the O.f"t'1.ce or the Recorder or Deeds ror CUmber1ai1d County .J.n P1'an Book "16,.- Page 70.. BEGINNING at a P.K. ~~ 1n the centerI1.ne or L.R. 21P64 at the d1.vid1ng 1J.ne or loOt No. .It on the above menti.oned Pl.a.n; thence a~ong the center~ne or L.R. 21064. South 18 degrees 40 m1nutes 20 sec0q4s west i04.75 reet lo a P.K. n~1; thence st11~ a~ong L.R. 2106~. South 18 degrees 2q mdn~tes 50 seconds West q5.25 reet .to a P.K. na~1; ~hence a10ng Lo~ No. 2 on tobe above mcnt.1.oned P1an at: Lots and 1;.brough. an .1.ron pi.n. North-7~ ~egrees 35 ~nutes 25 seconds Weat 213.58 reet to L~ ~ron p~n; tb~nce No~b 19 dogreea 25 ~~tes ~O seqonds East 150.00 re~~-tb an ~ron pLn; thence a10ng Lot No.4 on tbe ab~ve.m~nt~oned P14n _QC.Lots_ South 7~ degree:s 35 ..d.nute:s 54' :seconds Eaat 2~]..j9 1'e.." thr'Ough an 1ron p1n t:<> a P.It. nal.~ 1n the centerUne oS: L.R. i!~C)64. the P~a.c... oS: BEG:INNDlG. imiNO .Lot( No. 3.and- conta.1.n1ng 0.T31 a.ores_ more or ];83:1. _. _.. I'KEHISESBEING: 22 LEBO ROAD TAX PARGEL# 31-11-0296-053 TITEL TO SAID PREMISES IS VESTED IN DODDIE PROVOST AND SHIRLEY L. PROVOST, H/W DEED FROM PAUL R. WHISTLER AND CATHERINE L. WHISTLER, HIS WIFE DEED DATED 02121/1986 RECORDED 02124/1986 IN BOOB S31 PAGE 1012. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-539 Civil CIVIL ACTION ~LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From SHIRLEY L. PROVOST (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notity 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 $53,378.45 L.L. Interest FROM 3/17/04 TO 9/6/06 (PER DIEM - $8.77) - $7,928.08 Atty's Comm % Due Prothy $1.00 Atty Paid $807.51 Other Costs ADD'L COST - $4,352.00 Plaintiffpaid Date: MAY 31, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 L UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: SHIRLEY L. PROVOST CHAPTER 13 CASE NO.: 1-64-bk-64776 Debtor(s) ORDER DISMISSING CASE Upon consideration ofTrustee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. I I I By dIe Cow1, Dated: April 24, 2006 ~i)a~ B ~ Jooge (EW) This electronic order is signed andjiledon the same date. MDPA.[)ISMISS2.WPT REV 6105 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SIDTE 1400 PIDLADELPIDA,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF W ASIDNGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION SIDRLEY L. PROVOST NO. 04-539-CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --n~ )t.~..___~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff o C <:- ;-:\ i; r-> = c:.':.' cx"" ~ ~ w o -n --I :r:..,., f11F; -rJf.Q -")'--( ) (~~ =,::l:.i'.' -0 :1i~ ':,.J ,,-.-) ~;: rn '.:1 ~ .< .,:'" '"" r ." W ASffiNGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SffiRLEY L. PROVOST CIVIL DIVISION Defendant(s). NO. 04-539-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .22 LEBO ROAD. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, PAl 7013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: r .... Name Last Known Address (if address C3Ill1ot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address C3Ill1ot be reasonably ascertained, please indicate) DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR SUITE 1300 1001 LffiERTY AVENUE PITTSBURGH, PA 15222 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN:JOHNMURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPT. #280601 HARRISBURG, P A 17128 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address C3Ill1ot be reasonably ascertained, please indicate) Tenant/Occupant 22 LEBO ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 30. 2006 DATE ~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,.. (") C -ol~"(" n-:r' ':? ~::.: \: / J~' ~~'~ SJ .. r-:> C? <:.C'::J d' - :-:'''' ....,.... -": C) "Tl -1 ::r:~ rn-!-' -r;f; ?JCT':' '-'~C' ~:~~ ?~ ;<srn ~--:::--\ ~ c..:> -0 -"', .g:- "" " . W ASIDNGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY v. No. 04-539-CIVIL SIDRLEY L. PROVOST Defendant(s). May 30, 2006 TO: SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 22 LEBO ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $53.378.45 obtained by WASHINGTON MUTUAL BANK. F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C,P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , .. ALL that ce~at.n tract:. or ~and s.:l.tuate .1.n Penn TownSh1p,. CUmber:1and County.. Penns71van1.a7 bounded an~ d.esc~"':1bed l.n acco~da.nce w1'Ch a Subd1.v1s.1.on prepared by W1l..bur H.. Cl.J..t"ton~ _ R..S..,. dated A~:ust 1.., 1984, and_ reool."'ded i.n the O.1"r:1ee 01" the Re corder or Deeds rO"19 Cumber1a..hd County .1n Pl.an Book 116..- Page 10.. BEGINNING at a P.K. ~1 1n the centerr~ne or L.R. 21P6~ at the d:l.V1.d1.ng 1.1.nE: 01"" l.ot No_ 11 on the above mentJ.ioned Pl.an; thence a1.ong the center~ne or L.R.. 21064.. South 18 degrees 40 ~utes 20 sec~ds West 104.15 reet to a P.K. na.11; thence st111 a~ong L.R. 2~064,. South 18 degrees 24 ~~tes 50 seconds West 45.25 Eeet.to a P.K. na~l..; thence a10ng Lot; No. 2 on t;he above ment1.onedPl.an or Lots and t;hrough an'1.ron p:l.n,. North-1~~egree& 35 ~nutes25 seconds Weat 21..3.58 ceet to ~1' ~ron p~n; tb~nce No~b 19 degrees 25 ~utes ~O seqonds East 150.00 re~~>to an ~ron pLn; thence a1ongLo~ No.4 on ~he ab~ve_~nt~one~ P~4DoC'Lots~ Sout:h 7~ degrees 35 minut:es 54- seconds East: 2~:L.39 1'ee" "hr'Ough an :Lron p:Ln to a P.It. na1~ :Ln the cen"er;une or L.R. 2~o64~ "h.. Pace_or asaINNING. BEING Lo1( NO,. 3-.arid conta.1.n1.ng O.73~ acre.a. mo.J;"e or- 1e:j~. _. PREHISES BErnG: 22 LEBO ROAD TAX PARCEL# 31-11-0296-053 TITEL TO SAID PREMISES IS VESTED IN DODDIE PROVOST AND SHIRLEY L. PROVOST, H/W DEED FROM PAUL R. WHISTLER AND CATHERINE L. WHISTLER, HIS WIFE DEED DATED 02/21/1986 RECORDED 02/24/1986 IN BOOB 831 PAGE 1012. ... 1 (") ,...., 0 ,;':::1 C (:"-:::t ." ~t.": "'"' ulJ ::It :1 fr: f' :;..- n'!.:!J ;; -< r (..) ~Ql=1 :::n(c'; I"~, :.:~~~:c: ":;~ " , ."- ~ ",3 () .- - ./~) 1"1'1 '"~". ~ .;;>< ~j - ~J.J ~- W -< - 1 7 '$r ? AFFIDAVIT OF SERVICE DEFENDANT(S) WASHINGTON MUTUAL BANK, F.A. SBlRtEYL. PROVOST CUMBERLAND COUNTY CQS PLAINTIFF No. 04-539-CIVIL ACCT. #8449217754 SERVE SHIRLEY L. PROVOST AT 22 LEBO ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to Sh,'{' ley L. P'6UOS+ , Defendant, on the at l.f.l{r , o'c1oc/.m"at 22 l...el1o /(OQ J 10 day of 'J'.. '\ t , 20~ , Commonwealth of Pennsylvania, in the manner described below: ~fendant personally served. Adult family member with whom Defendant(s) reside(s), Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name orrelationship. Manager/Clerk ofplacc oflodging in which Defendanl(s) reside(s), Agent or person in charge of Defendanl(s)'S office or usual place ofbusiness. an officer of said Defendant(s)'s company. Other: Description: Age '.-<15- HeigbtS'rJl WeightJJ.r Race W SexL Other I, bQLnt A (2.o~t/''''..J . a competent adult, being duly swom according to law, depose and state that! personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein. issued in the captioned case on the date and at the address indicated above. By: 90-..,; ~ P EASE'.J\ E PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Stele o. New Jersey PATRICiA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of . 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: / I Time: Sworn to and subscribed before me this _ day of , 200 _, Notary: By: Attornev for Plaintiff Daniel G. Scbmieg, Esquire - I.D. No. 62205 Sl u () S:~ ,~, :j; ,;.;,'.... /} ~, c') D -;) !)1 t...) , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION SHIRLEY L. PROVOST Defendant(s). NO. 04-539-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for WASHINGTON MUTUAL BANK, F.A hereby verifies that on JUNE 15,2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of malling to the recorded lienholder(s) and any known interested party. ~ <; D L G. SCHMIEG, ESQ Attorney for Plaintiff Date: JULY 26, 2006 IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff Is not present at the sale. \ . ~;l t"" h - - - '0 00 '" 0- '" .... W N - ~r . z '" - 0 H )> "'0 ~~ ::l. ~ . i'i' ~ CD z c 3 cr .. ... H ~ :I::E-lO "tJ~.,,- :1:-"'0 '" I () 0 Z -W1l::l m5-:fo ::I: 0 0 . Al_'V" ijf ~a.lii ~ p 3. g:::;"2 cr...,!!l3 3.! ...,3 ~ ~ 3: 0 ~J .. . - 3 tI1 ~ &:lEAlg CO'li AI crS'80 ~ '" ~ -< ~ 0" ~o~- ~ :s .. :s ~ ~ ~ U r .. C !l :T:" ::u n - :IE r 0 a ... ;Il;"!!._ . (II-~ - .. 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'" ~~~g :>- . '" 0 rl-a ~ ~ '" - '" a~ a :>- 0 3.~gc;. - - ....~8 ..., w ~ 0 [ :; o;il1l '" E.~ g ~ ill'~ g'~ .. ~h. 0 ~ ~ ~ ~. i Vla~~ g if _. 3 d::s '" ... II.""'=- ~9:t:5. /" ~ o. '-~11 .... g'il _. .' . .!!'~ d8~ ,-",~ ~ I ---,""', '" ..~~ ~P1T1\1[y ~~ -a ~ ~~J'" \..,' L.d $02. 3::&:;''02: '..;;;.... 02 1A '" -.('0 ~ ~ ~ 0004309825 JUN15 MAILED FROM ZIP CODE , o>z ...,"'., [{'!;-B = .. .. - '" ., -"'= ~ '" >0-0>0 ~~~~ ...... -...J ~" tr1 '" >or< &~g~ 1r"1()2= :C~!lF >!l!ft"" -S",t::l \DOl"":..!:, -o.."'~ 0,< c W t:r ~~El~ ooo:t:r --'" "",G:::s <: ~ .a ,~ ()'" ",,,,=, ~~ p ","'" r< ~8 t-< := '-0 o . ~ l;l - - 80W"" 150 200. 19103 .-0 ~~~ '('.-:.c;..... r , ;n ::;i in (~. - '- --.,. L~1 " '-'- . Washington Mutual Bank, FA VS Shirley L. Provost In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-539 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 20.00 1.00 14.55 15.00 15.00 15.00 14.08 19.31 287.60 311. 00 $ 742.54 / q. ~l-O(, ~ SOAnSW~ ~ ~as Kline. Shenff BY \Je~~Svvtl& Real Estate Sergeant )I~ Ck SSl{~L, Ru--. J '13/ tJ 1 ,. .. ~ W ASmNGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY , Plaintiff, COURT OF COMMON PLEAS v. SmRLEY L. PROVOST CIVIL DIVISION Defendant( s). NO. 04-539-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,22 LEBO ROAD. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name ,and ad!iress of every other person who has any record lien on the property: , Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER THIRTEENTH FLOOR SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, P A 15222 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TH FLOOR, STRAWBERRY SQUARE DEPT. #280601 HARRISBURG, P A 17128 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 22 LEBO ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 30, 2006 DATE ~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~ 'If I " W ASmNGTON MUTUAL BANK, F.A. Plaintiff, CUMBERLAND COUNTY v. No.04-539-CIVIL SIDRLEY L. PROVOST Defendant(s). May 30, 2006 TO: SHIRLEY L. PROVOST 22 LEBO ROAD CARLISLE, P A 17013 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TJON OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 22 LEBO ROAD. CARLISLE, P A 17013. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $53.378.45 obtained by WASHINGTON MUTUAL BANK. F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,. ,., J r You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~ \ I .. ALL that ce~~n tract or ~and s~tuate ~n Penn Townsh~p. CUmber~and County.. Pennsy1van:1.a~ bounded an~ desc1.~~bed :1n accordance w1l;h a Subd1.v1.s:1.on prepax-ed by W1.l.bur H. C~~fton.. R.S.. dated A~;ust 1.. 1.984.. and, reoo~ded 1.n the O.1'1'1.ce or the Recorder ot' Deeds t'or Cwnb~rla.nd County 1n Pl.:an Book 46; Pa,S8 10. BEGINNl:NG at a P.K. na:1.1. 1.n the centerI:1ne or L.R. 21.p64 at the d:1. "1.~ng 1..1.ne or l.ot No. 11 on the above tnent:1.oned Pl.an; thence a1.ong the center~ne or L.R. 21.064~ South 18 degrees 40m1nutes 20 sec~ds West 104.75 reet 1:0 a P.K. na11.; thence st111 a:long L.R. 21.064. South 1.8 degrees 24 mdn~tes 50 seconds West 45.25 feet_to a P.K. na1.1; thence along Lot No. 2 on the above ment:1.oned P1an or Lots and through an -:1ron p1n. North-7~-degreeB 35 mJ.nutes 25 seconds West 21.3.58 reet to ~~. ~ron p1n; th~nce No~h 1.9 degrees 25 ~ute3 40 seqonds East 150.00 re~l;,to ail :iron p:1n; thence a10ng Lot No. " on the ab~ve.JQent~oned P1l\.fioC.Lots.. South 71 degrees 35 m:1.nutes 54secondB Eci81; 21.1,.39 l'eet tlu''Ough an:1roh p1n to a 1'.1t. nal.l. ~n the centerUi1e or L.R. 21.064~ the Pl.ace. or 13EGINNING. BEi:NG Lay NO.3' 'and conta.1.nUlg 0.. 731. acrea. DiOre or l:e:ss. PREMISES BEING: 22 LEBO ROAD TAX PARCEL # 31-11-0Z96~053 TITEL TO SAID PREMISES IS VESTED IN DODDlE PROVOST AND SHIRLEY L. PROVOST, HIW DEED FROM PAUL R. WHISTLER AND CATHERINE L. WHISTLER, IDS WIFE DEED DATED 02/21/1986 RECORDED 02124/1986 IN BOOB S31 PAGE 1012. WRIT OF EXECUTIO~.lnd/or ATTACHMENT ., COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-539 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From SIDRLEY L. PROVOST (1) You are directed to levy upon the property ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $53,378.45 L.L. Interest FROM 3/17/04 TO 9/6/06 (PER DIEM - $8.77) - $7,928.08 Arty's Comm % Due Prothy $1.00 Arty Paid $807.51 Other Costs ADD'L COST - $4,352.00 Plaintiff Paid Date: MAY 31,2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 Real Estate Sale # 86 On June 08, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 22 Lebo Road, Carlisle, more fully described on Exhibit" A" filed with this writ and by this reference incorporated herein. Date: June 08, 2006 By: 0&k~~ Real gJ~te Sergeant 00 : II V z: - Nor qOOl ~ ~ c:::::::::s ~ ~ ~ ;:jd 'AlrVilJ,j ll;~l(dtH,.mJ ,i:Htl3HS 3Hl .:10381.:1.:10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 ~~', ~~~:d~'AJ NUl nh.. ::;;;:,.,;, : LOIS r.~, ShlYO['i~l:-"','.' I Carlisi!' Soro, GUll1ber:anc ,~- ,i'" ~ ~f'Y Cf)rr'rn\,-::.t~ion Explre~. iv'18rC"~} ;.,.h f..a.:fIb4I';RM~"",.,,,,,,~;_~"''''''!''''''_';l>VIo'_''~I~~.).~\~..:t''r,' ,v_..;.'Y............""'.'<..;.,.., "'0"- RltAL ESTATE SALE NO. 86 Writ No. 2004-539 Civil Washington Mutual Bank, F.A. vs. Shirley L. Provost Atty.: Daniel G. Schmieg ALL that certain tract ofland situ- ate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance wIth a Sub- division prepared by Wilbur H. Clifton. RS., dated August 1. 1984, and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 46. Page 70. BEGINNING at a P.K. nail in the centerline of L.R 21064 at the di- viding line of Lot No. 4 on the above mentioned Plan; thence along the centerline of L.R 21064, South 18 degrees 40 minutes 20 seconds West 104.75 feet to a P.K. nail; thence still along L.R 21064, South 18 degrees 24 minutes 50 seconds West 45.25 feet to a P.K. nail; thence along Lot No. 2 on the above men- tioned Plan of Lots and through an iron pin. North 71 degrees 35 min- utes 25 seconds West 213.58 feet to an iron pin; thence North 19 de- grees 25 minutes 40 seconds East 150.00 feet to an iron pin; thence along Lot No. 4 on the above men- tioned Plan of Lots, South 71 de- grees 35 minutes 54 seconds East 211.39 feet through an iron pin to a P.K. nail in the centerline or L.R 21064, the Place of BEGINNING. BEING Lot No. 3 and containing 0.731 acres. more or less. PREMISES BEING: 22 Lebo Road TAX PARCEL # 31-11-0296-053. TITLE TO SAID PREMISES IS VESTED IN Doddie Provost and Shirley L. Provost, H/W deed from Paul R Whistler and Catherine L. Whistler. his wife deed dated 02/ 21/1986 recorded 02/24/1986 in Book S31 Page 1012. , -.. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday 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 smce; 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 in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #86 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 \ n'