HomeMy WebLinkAbout09-1096
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
4.AUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA
2001 Market Street
Philadelphia, PA 19103
Plaintiff,
V.
JAMES D. STINE
385 Strohm Road
Shippensburg, PA 17257
Defendant.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09 - 1 0q(P C ?vi?
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17103
717-249-3166
#3140112(148462.253)
A
4
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
.LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910 Attorneys for Plaintiff
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
2001 Market Street CUMBERLAND COUNTY
Philadelphia, PA 19103
Plaintiff, NO. 0 `i - /0 94,
V.
JAMES D. STINE
385 Strohm Road
Shippensburg, PA 17257
Defendant.
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, Wilentz Goldman & Spitzer,
files the within complaint in mortgage foreclosure and represents as follows:
1. Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), is a state chartered banking
institution with a place of business at 2001 Market Street, Philadelphia, PA 19103.
2. Defendant, James D. Stine, ("Defendant"), is an adult individual who is believed
to reside at 385 Strohm Road, Shippensburg, PA 17257.
3. Defendant is the owner of record of a certain parcel of residential real estate
located in Cumberland County known by the following street address: 385 Strohm Road,
Shippensburg, PA 17257 (the "Property").
#3140112 (148462.253)
4. On December 2, 2005, Defendant executed and delivered to Citizens, a
Promissory Note (the "Note") in the principal amount of $116,100.00. A true and correct copy
of the Note is attached hereto as Exhibit "A."
5. The Note was secured by a mortgage (the "Mortgage") granting a lien upon the
Property which was executed by the Defendant, and given to Mellon on the same date and duly
recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania on
December 19, 2005, in Land Record Book 1934, page 3845 et seq. A true and correct copy of t]
Mortgage is attached hereto as Exhibit "B."
6. The full legal description of the Property is set forth in Exhibit "C" which is
attached hereto and incorporated herein by reference.
7. Monthly payments has not been tendered as required under the terms of the Note
and Mortgage.
8. Due to Defendant's failure to pay the Plaintiff the sums due and owing
thereunder, Plaintiff demanded complete payment and performance of all of the Defendant's
obligations under the terms of the Note and Mortgage.
9. Pursuant to the terms of the Note and Mortgage, as of February 19, 2009,
Defendant is obligated to Citizens for the following sums:
Principal $110,245.48
Accrued interest
(through 2/19/09) 2,000.00
Accrued late charges 220.00
BPO/Appraisal 400.00
Title Report 750.00
Attorneys fees 5,512.27
Attorneys costs 250.00
TOTAL REAL DEBT $119,377.75
Interest continues to accrue at the per diem rate of $19.03.
-3-
10. On January 15, 2009, the combined Notice of Intention to Foreclose as set forth
the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, 35 P.S. C.S.A.
§1680.401 and Act 6 of 1974, 41 Ps. 101, et seq., with respect to the Note and Mortgage was
mailed to the Defendant as evidenced by the Certificate of Mailing attached hereto as Exhibit
«D »
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in
Mortgage Foreclosure in its favor and against Defendant, James D. Stine, in the amount of
$119,377.75, plus continuing interest at the per diem rate of $19.03 from February 19, 2009,
any additional late charges, attorneys fees and costs and any other costs and charges collectible
under the mortgage and for the foreclosure and sale of the Property.
Respectfully submitted,
WILENTZ, GOLDMAN & SPITZER, P.A. 1 bKkn1wh
BY:
aniel S. ernheim, 3d, Esquire
Lauren Berschler Karl, Esquire
Attorneys for Plaintiff,
Citizens Bank of Pennsylvania
Date: February 20, 2009
-4-
VMCA.TIO
1, Gail Berganiino, a foreclosure Specialist witt Citizens Lank of Pennsylvama, being
duJ y svvorn according to lsw, depose and say That the facts set forth, i.n .CittzcnS Ban}; of
P'?naylvania's Complaint in Mortgage Foreclosure is true and correct to the best of my
knowledge, inform a' .on and belief, I und.usta»d that the statements thcreir? are made subject to
the penalties of 18 na.C.S. S.A. § 4.904 relating to unsworn falsification to aii.Thoritics.
G
Dated; r: ?-
DA14, OF PENNSYLV ANT.
EXHIBIT "A"
?? . III I??fl{I
Citizens Bank
7169 ND note
MORTGAGE LOAN PROMISSORY NOTE AND DISCLOSURE STATEMENT
Borrower(s): JAMES D STSNE
Lender: ? Citizens Bank of Massachusetts ? Citizens Bank of Connecticut ® Citizens Bank of Pennsylvania
28 State Street 63 Eugene O'Neill Drive 1735 Market Street
Boston, MA 02109 New London, CT 06320 Philadelphia, PA 19103
? Citizens Bank of Rhode Island ? Citizens Bank New Hampshire ? Citizens Bank
I Citizens Plaza 875 Elm Street 919 North Markel Street
Providence, RI 02903 Manchester, NH 031QI Suite 200
Wilmington, DE 19801
Principal Amount: $116,100 -00 Interest Rate: 6.300 % . Date of Note: 12/02/2005
In this Note, the words, "Borrower", "you," and "your" mean each and every person who signs this Agreement, including
all Borrowers named above. The words "we, "us", "our" and "Lender" mean Citizens Bank of Massachusetts, Citizens
Bank of Rhode island, Citizens Bank of Connecticut, Citizens Bank New Hampshire, Citizens Bank of Pennsylvania, or
Citizens Bank (our Delaware Bank), as indicated above, herein after referred td as "Citizens Bank".
FOR VALUE RECEIVED, the undersigned (jointly and severallyif more Than one) promise to pay to the above named Lender or
order, the principal sum of S $116,100.00 Dollars with interest at the rate of 6.300 % per annum, payable in 24a
consecutive monthly installments of $ 851.14 each, and a final installment to include all principal and accrued interest,
and late charges, insurance premiums and all other charges, if any. The first such installment will be due on 01/07/2006 and
the remaining installments on the same day of each month thereafter until paid in full. All payments will be applied first to
interest, then to insurance charges, if any, and then to principal, and any remaining amount to unpaid collection costs and late
charges and any other charges you may owe. The interest rate required by this section is the rate you will pay both before and
after any default described in the default section.
Finance Charge: Interest on this Note is computed on a 3651366 simple interest basis. First we apply the ratio of the annual
interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied
by the actual number of days the principal baiance is outstanding.
ANNUAL PERCENTAGE RAE FINANCE CHARGE Amount Financed Total of Payments
The cost of your credit as a yearly rate The dollar amount the credit will cost The amount of credit provided The amount you will have
you to you or on your behalf, paid when you have made
. all payments as scheduled
6.300 % $88,413.60 $116,100.00 $204,513.60
PAYMENT SCHEDULE:
NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE
Monthly beginning on
240 852.14 Monthly beginning on 01/07/2006
e payment schedule and "Total of Payments" scheduled above assume that all payments are made on the due date. If payments
e made late, the amount of interest payable hereunder will continue to accrue on the unpaid principal balance and the total
merest hereunder will increase.
PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a penalty as follows:
MA (first lien): If you pay off your loan within the first twelve (12) months of the date of the note, we may charge you, and
agree to pay us, a penalty equal to (a) the balance of the first year's interest, (b) three (3) months' interest as of the date of
prepayment, or (c) $250, whichever is less. If you refinance your loan with another institution within the first twenty-four (24)
months of the date of the note, we may charge you, and you agree to pay us, a penalty of the lesser of a) three (3) months'
interest as of the date of prepayment or (b) $250. *
CT (first lien), DE, MA (second lien), ME, NH, VT: If you pay off your loan within two (2) years after the date of the
note, we may charge you, and you agree to pay us, a penalty of $250. *
CT (second lien): If you pay off your loan within two (2) years after the date of the note, we may charge you, and you
agree to pay us, a penalty of the lesser of five percent (5%) of the principal balance that you prepay or $250. *
RE If you pay off your loan within the first year of the date of the loan, we may charge you, and you agree to pay us, a
penalty lesser of a) 2% of the balance due at the date of payoff or b) $250.
NJ, PA: If you pay off your loan before the due date, you will not have to pay a penalty.
*Assessment will be limited to the first 12 months of the loan if the term is five (5) years or less.
LATE CHARGE: Your late fee will be calculated as follows, based on the state or commonwealth as indicated above:
MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date shown
above. If your payment is late, we may charge you 3.000% of the regularly scheduled payment of principal and interest.
CT and RE Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown
above. If your payment is late, we may charge you 5.000% of the regularly scheduled payment of principal and interest, or
$10.00, whichcver is less.
NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown
above. If your payment is late we may charge you 7.0001/o of the regularly scheduled payment of principal and interest or
$12.50, whichever is greater.
PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date
shown above. If your payment is late, we may charge you 10,000% of the payment or $20.00, whichever is greater.
You will pay this late charge only once on any late payment.
P--NntnPPP REV nd/OS
Page 2
1
ECURITY: You are giving a security interest in real estate located at
85 STROHN ROAD, SHIPPENSBURd, PA 17257
i addition to Lender's security interest and other rights in your deposit accounts.
Someone buying your home cannot assume the remainder of the mortgage on its original terms.
other related contract documents for additional information about nonpayment, default, the right to accelerate the maturity of
obligation and security interests.
ITEMIZATION OF THE AMOUNT FINANCED:
Itemization of the amount financed of ............................................................ $ 116, 100. 00
Amount given to you directly ..........................................................................
Prepaid Finance Charges ..................................................................................
Amount(s) paid to others on your behalf:
TO CITIFINANCIAL
TO FIRST CONKONWRALTH BAN
TO
TO
TO
TO
TO
TO
TO
TO
TO
TO
TO
TO
TO
TO
TO INSURANCE COMPANY
TO Settlement Fees
$ `3rW.13.4G - `T n3
$ Zct4? in 7-
S 0.00
$ 0.00
COLLATERAL: In addition to the protections given to the Lender under this Note, this Note is secured by a
Mortgage dated 12/02/2005, to Lender on real property located in CU14BERLAND County,
State of PA all the terms and conditions of which are hereby incorporated and made
a part of this Note.
DEFAULT: You will be in default if any of the following events happens:
(a) You fail to make a payment when it is due under this Note or any other loan you may have with Citizens
Bank.
(b) You have made any false or misleading statement(s) in your application for this Note or any other loan you
may have with Citizens Bank, or there is a material adverse change in your financial condition.
(c) An assignment has been made for the benefit of your creditors or an entry of judgement has been made
against you, or someone tries to take or attach any of the collateral.
(d) You fail to comply fully with any term or condition of this Note or any other loan or agreement you may
have with Citizens Bank.
(e) You die or become insolvent, a receiver is appointed for any part of your property, or any proceeding is
commenced either by you or against you under any bankruptcy or insolvency laws.
X Page 3
COLLECTION COSTS: If you fail to abide by any of the terms of this Note, and if we are permitted to do so by
applicable law, we may hire or pay someone else to help collect on the Note. You will pay all reasonable collection
costs, including reasonable attorney's fees incurred by us in the collection of amounts due under this Note as
permitted by applicable law. This includes, subject to any limits under applicable law, our legal expenses whether or
not there is a lawsuit and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any
automatic stay of injunction), appeals, and any anticipated post judgement collection services. In New Hampshire, if,
but only if, by applicable law, we are permitted to collect attorneys fees from you as part of our costs of collecting
any amounts due under this Note, then you, to the extent required by New Hampshire Revised Statutes Annotated
Chapter 361-C, as amended, shall be entitled to reasonable attorney's fees if you prevail in (a) any action, suit or
proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defense or setoff,
recoupment or counterclaim to any action brought by us, the court may withhold from us the entire amount or such
portion of the attorney's fees as the court considers equitable.
OFFSETTING DEPOSIT ACCOUNT: Unless prohibited by applicable law, we may apply money from any of your
deposit accounts with us, or our affiliates, now or in the future, to pay all or a portion of any amount overdue under
this Note. We may use this right of offset without giving you notice, unless otherwise required by applicable law.
UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In
addition to the protections given to the Note Holder under this Note, a Mortgage (the "Security Instrument"), dated the
same date as this Note, protects the Note Holder from possible losses which might result if you do not keep the
promises which you make in this Note. That Security Instrument describes how and under what conditions you may
be required to make immediate payment in full of all amounts you owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment
in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender
if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must
pay all sums secured by this Security Instrument. If Borrower fails to pay these s+ims prior to the expiration
of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice
or demand on Borrower.
PAYMENTS: All payments must be made by a check, money order, or other instrument in U.S. dollars and may be
mailed or made at any Citizens Bank office during regular banking hours. Payments sent by mail must be mailed
early enough to insure receipt by us on the Payment Due Date. Inquiries and payments may be directed to:
Citizens Bank
Consumer Finance Operations
I Citizens Drive
Riverside, RI 02915
1-800-922-9999
PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a
penalty as follows:
MA (first lien): If you pay off your loan within the first twelve (12) months of the date of the note, we may
charge you, and you agree to pay us, a penalty equal to (a) the balance of the first year's interest, (b) three (3)
months' interest as of the date of prepayment, or (c) $250, whichever is less. If you refinance your loan with another
institution within the first twenty-four (24) months of the date of the note, we may charge you, and you agree to pay
us, a penalty of the lesser of a) three (3) months' interest as of the date of prepayment or (b) $250. *
CT (first lien), DE, MA (second lien), ME, NH, VT: If you pay off your loan within two (2) years after the
date of the note, we may charge you, and you agree to pay us, a penalty of $250! *
CT (second lien): If you pay off your loan within two (2) years after the date of the note, we may charge
you, and you agree to pay us, a penalty of the lesser of five percent (5%) of the principal balance that you prepay or
$250. *
RI: If you pay off your loan within the first year of the date of the loan, we may charge you, and you agree
to pay us, a penalty lesser of a) 2% of the balance due at the date of payoff or b) $250.
NJ, PA: If you pay off your loan before the due date, you will not have to pay a penalty.
*Assessment will be limited to the first 12 months of the loan if the term is five (5) years or less.
Page 4 1
a
LATE CHARGE: Your late fee will be calculated as follows, based on the state or commonwealth as indicated
above:
MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due
Date shown above. If your payment is late, we may charge you 3.000% of the regularly scheduled payment of
principal and interest.
CT and RI: Your payment will be late if it is not received by us within 10 calendar days of the
Payment Due Date shown above. If your payment is late, we may charge you 5.000% of the regularly
scheduled payment of principal and interest, or $10.00, whichever is less.
NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due
Date shown above. If your payment is late we may charge you 7.000% of the regularly scheduled payment of
principal and interest or $12.50, whichever is greater.
PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the
Payment Due Date shown above. If your payment is late, we may charge you 10.000% of the payment or
$20.00, whichever is greater.
You will pay this late charge only once on any late payment.
DOCUMENTATION: You agree to execute or re-execute any document that we request in order to correct any
error or omission in the original Promissory Note, Mortgage, or other loan related documents, including, but not
limited to, Confirmatory or Corrective Mortgages.
MISCELLANEOUS: Lender may delay or forgo enforcing any of its rights or remedies under this Note without
losing them. You and any other person who signs, guarantees or endorses this Note, to the extent allowed by law,
waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this
Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew
or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or
impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that
Lender may modify this loan without the consent of or notice to anyone other than the party with whom the
modification is made.
GOVERNING LAW: This Note is governed by federal law and by the laws of the state or commonwealth.
as indicated above: The Commonwealth of Massachusetts, the State of Rhode Island, the State of
Connecticut, the State of New Hampshire, the Commonwealth of Pennsylvania, or the State of Delaware.
To the extent that federal law preempts state law, this Note is governed by federal law. If any provision of
this Note conflicts with any existing or future law, it shall be deemed modified to the extent necessary to
comply with such law and the validity of the remaining terms shall not be affected.
If you are a Maryland resident, this Note is governed by federal law and by the laws of the state or
commonwealth in which the bank is located, except that to the extent, but only to such extent, that this
Note is not governed by the laws of the state or commonwealth in which the bank is located, the provisions
of Sections 12-1001 et seq. (Credit Grantor Closed End Credit Provisions) of the Commercial Law Article
of the Annotated Code of Maryland shall apply.
The undersigned acknowledges that before signing this Note that all blank spaces were completed, that the
undersigned had read this Note, fully understand its provisions and approves the terms and conditions set
forth herein, and that the undersigned has received a copy of this Note as so completed.
INSURANCE: You may obtain property insurance from anyone that is acceptable to the Lender. If your collateral
property is located in a designated Flood Zone, you must also maintain adequate flood insurance on the property.
If any required insurance on the Collateral expires or is canceled and you fail to purchase and maintain such
required insurance, the Lender may (but is not required to, except in the case of required flood insurance) purchase
insurance on the Collateral and either: (i) add the cost of the insurance to the unpaid principal balance you owe
under this Note (in which case you agree to repay the cost of the insurance in accordance with the repayment
terms of this Note), or (ii) bill you separately (in which case you agree to pay the bill immediately). In either case,
the amounts you owe for the insurance premiums will accrue interest at the interest rate provided in this Note until
repaid in full. You understand and acknowledge that any insurance obtained and maintained by the Lender may
(i) only protect the interests of the Lender and any other creditor with a prior mortgagelon the Property, and
(ii) be more expensive than insurance obtained and maintained by the Borrower.
i r
Page 5
You, the undersigned, certify that you have insured the property described in the section entitled "SECURITY" on
Page l of this Note, against loss by fire in the amount sufficient to cover this lien and all superior liens, and that
the policy includes extended coverage and has a standard mortgagee clause making loss payable to Citizens as its
interest may appear.
You agree it is your responsibility to keep the premises as identified in the section entitled "SECURITY" on Page 1
of this Note, insured in an amount at least equal to the replacement cost of any buildings on the above property,
and until this Note is paid in full.
You understand that you may purchase any required insurance through any duly licensed insurance agent and
insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates when
choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance
company will not affect our credit decision, so long as the insurance provides adequate coverage with an insurer
that meets our reasonable requirements.
All documents related to insurance for this loan should be mailed to the following address:
Citizens Bank, Consumer Finance Operations
1 Citizens Drive
Riverside, RI 02915
(800)708-6680
You acknowledge that any payoff amounts referenced in the Itemization of Amount Financed section of this Note
and the HUDI-A form were estimates based on the balances listed on your credit bureau report(s). By signing
below, you authorize all handwritten changes, made both to the payoff figures in this Note and the HUD 1-A form,
and confirm that these changes accurately reflect the payoff figures you provided at closing.
You acknowledge that you received and read, as applicable, the Home Equity disclosure statements provided to you
during the application process, which include When Your Home is On the Line, Servicing Disclosure Statement,
Good Faith Estimate, Right to Receive a Copy of an Appraisal, Citizens' Pledge Regarding the Responsible Use and
Protection of Customer Information, for MA residents only, Massachusetts Mortgage Loan Disclosure, Uniform
Mortgage Loan Cost Worksheet, Consumer Guide to Obtaining a Mortgage, for CT residents only, Mortgagor's
Right to Counsel, for RI residents only, Choice of Title Attorney Disclosure, for NJ residents only, Right to Own
Counsel Disclosure and for MD residents only, Processing your Loan Application, Settlement Services.
If there is more than one signer below, it is my/our intention that this account be a joint account.
You acknowledge that with your application, you provided your consent to us to check your employment and credit
history with any source and to answer questions about your credit experience with us.
NOTICE TO NEW JERSEY BORROWERS: READ THIS NOTE BEFORE YOU SIGN. DO NOT SIGN THIS NOTE
IF IT CONTAINS BLANK SPACES. THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL
PROPERTY.
SIGNA
JAMES D
a,"r ,
EXHIBIT "B"
Prepared By:
Citizens Bank
Beth Romano
Retail Lending Services
480 Jefferson Boulevard
Warwick, R102886 .
1-800-894-4619
Return To:
Citizens Bank
Consumer Loan Operations - RJW215
1 Citizens Drive
Riverside, RI 02915
ParcelID# 39140165017
Collateral Address:
385 STROHM ROAD, SHIPPENSBURG, PA 17257
. PENNSYLVANIA
CLOSED-END MORTGAGE
THIS MORTGAGE is given on 12/02/2005
The mortgagor is
JAMES D STINE
Page I
IIA!i!Ild 11111 ?iiwi!iIIIN 1111111 II!un!!NS9?4i!!!!!wi!wllNllill
GAC
PACIOSED
REV. 07103
This Mortgage is given to Citizens Bank of Pennsylvania , whose address is
1735 Market Street Philadelphia, PA 19103 ("Lender") or its successors or
assignees.
In this Mortgage, the terms "you," "your" and "yours" refer to the mortgagor(s). The terms "we," "us"
and "our" refer to the Lender. You owe us the principal sum of S 116,100.00
Dollars. This debt is evidenced by your note ("Note") dated the same date as this Mortgage, which
provides for monthly payments, with the full debt, if not paid earlier, dud, payable on 12/07/2025
This Mortgage secures to us: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest,
advanced under this Mortgage to protect the security of this Mortgage; and (c) the performance of your
covenants and agreements under this Mortgage and the Note. For this purpose, you hereby mortgage,
grant and convey to us and our successors and assigns the property located in CUMBERLAND
County, Pennsylvania, and more fully described in Exhibit A. which is attached hereto and made a part
hereof, which property has the address of
385 STROHM ROAD, SHIPPENSBURG, PA 17257
("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as
the "Property".
Page 2
YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. You warrant and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record.
YOU AND WE covenant and agree as follows:
1. Payment of Principal, Interest and Other Charges. You shall pay when due the
principal ot.and interest owing under the Note and all other charges due under the Note. :,.?, .,..
2. Payments of Taxes and Insurance. You will pay, when due, all taxes, assessments,
leasehold payments or ground rents (if any), and hazard insurance on the Property and mortgage insurance (if
any). We specifically reserve to ourselves and our successors and assigns the unilateral right to require that
you pay to us on the day monthly payments are due an amount equal to one-twelfth (1112) of the yearly
taxes, and assessments (including condominium and planned unit development assessments, if any) which
may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth (1/12) of
yearly premium installments for hazard and mortgage insurance, all as we reasonably estimate initially and
from time to time, as allowed by and in acordance with applicable law.
3. Application of Payments, Unless applicable law provides otherwise, all payments received
by us under the Note and Section 1 will be applied by us as permitted under the Note.
4. Prior Mortgages; Charges; Liens. You shall perform all of your obligations under any
mortgage, deed of trust or other security instruments with a lien which has priority over this Mortgage,
including your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines
and impositions attributable to the Property which may attain priority over this Mortgage, and leasehold
payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices of amounts
to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall
promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we
obtained) which has priority over this Mortgage.
5. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards
included within the term "extended coverage" and any other hazards, including floods or flooding, for which
we require insurance. This insurance shall be maintained in the amounts and for the periods that we require.
You may choose any insurer reasonably acceptable to us and shall include a standard mortgagee clause. If
we require, you shall promptly give us all receipts of paid premiums and renewal notices.
If you fail to maintain coverage as required in this section, you authorize us to obtain such coverage as we in
our sole discretion determine appropriate to protect our interest in the Property in accordance with the
provisions in Section 7. You understand and agree that any coverage we purchase may cover only our
interest in the Property and may not cover your interest in the Property or any personal property therein.
You also understand and agree that the premium for any such insurance may be higher than the premium
you would pay for such insurance.
Page 3
You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not
promptly do so. We may also, at our option and on your behalf, adjust and compromise any claims
under the insurance, give releases or acquittances to the insurance company in connection with the
settlement of any claim and collect and receive insurance proceeds. You appoint us as your
attorney-in-fact to do all of the foregoing, which appointment you understand and agree is irrevocable,
coupled with an interest with full power of substitution and shall not be affected by your subsequent
disability or incompetence.
Insurance proceeds shall be applied to restw .onsepair the Property damaged, if restoration or repair is
economically feasible and our security would not be lessened. Otherwise insurance procee&shall be
applied to sums secured by this Mortgage, whether or not then due, with any excess paid to you. If you
abandon the Property, or do not answer within 30 days our notice to you that the insurer bas offered to
settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums
secured by this Mortgage, whether or not then due. The 30-day period will begin when notice is given.
Any application of proceeds to principal shall not require us to extend or postpone the due date of
monthly payments. If we acquire the Property at a forced sale following your default, your right to any
insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the
extent of the sums secured by this Mortgage immediately prior to the acquisition.
You shall not permit any condition to exist on the Property which would, in any way, invalidate the
insurance coverage on the Property.
6. Preservation, Maintenance and Protection of the Property; Leaseholds. You shall
not destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit
waste. If this Mortgage is on a leasehold, you shall comply with the lease. If you acquire fee title to the
Property, the leasehold and fee title shall not merge unless we agree to the merger in writing.
7. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to
perform the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may
significantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for
condemnation or forfeiture or to enforce laws or regulations), then we may do, and pay for, anything
necessary to protect the Property's value and our rights in the Property. Our actions may include paying
any sums secured by a lien which has priority over this Mortgage or any advance under the Note or this
Mortgage, appearing in court, paying reasonable attorney's fees, paying any sums which you are required
to pay under this Mortgage and entering on the Property to make repairs. We do not have to take any
action we are permitted to take under this paragraph. Any amounts we pay under this paragraph shall
become additional debts you owe us and shall be secured by this Mortgage. These amounts shall bear
interest from the disbursement date at the rate established under the Note and shall be payable, with
interest, upon our request. If we required mortgage insurance as a condition of making the loan secured
by this Mortgage, you shall pay the premiums for such insurance until such time as the requirement for
the insurance terminates.
Page 4
S. Inspection. We may make entries in and upon the Property to inspect same at any
reasonable time and upon reasonable notice.
9. Condemnation. The proceeds of any award for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to us. If the Property is abandoned, or if, after notice
by us to you that the condemnor offers to make an award or settle a claim for damages, you fail to respond
to us within 30 days after the date the notice is given, we are authorized to collect and apply the proceeds, at
our option, either to restoration or repair of the Property or to the su5, se5 u"d by this Mortgage, whether or
not then due. Unless we and yowatherwise agree in writing, any application of proceeds to principal shall
not extend or postpone the due date of the monthly payments payable under the Note and paragraph 1 or
change the amount of such payments.
10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for
payment or modification of amortization of the sums secured by this Mortgage granted by us to any of your
successors in interest shall not operate to release your liability or the liability of your successors in interest.
We shall not be required to continence proceedings against any successor in interest, refuse to extend time
for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any
demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall
not waive or preclude the exercise of any right or remedy.
IL Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants
and agreements of this Mortgage shall bind and benefit your successors and permitted assigns. Your
covenants and agreements shall be joint and several. Anyone who co-signs this Mortgage but does not
execute the Note: (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest
in the Property; (b) is not personally obligated to pay the Note, but is obligated to pay all other sums secured
by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agree to extend,
modify, forbear or make any accommodations regarding the terms of this Mortgage or the Note without such
person's consent.
12. Loan Charges. If the loan secured by this Mortgage is subject to a law which sets
maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected
or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected front you which exceed permitted limits will be refunded to you. We may choose to make
this refund by reducing the principal owed under the Note or by making a direct payment to you. If a
refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
under the Note.
13. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage
shall be delivered or mailed by first class mail to the Property Address or any other address you designate by
notice to us. Unless otherwise'required by law, any notice to us shall be given by first class mail to our
address stated above or any other address we designate by notice to you.
Page 5
14. Governing Law; Severability. The extension of credit secured by this Mortgage is
governed by federal law, which for the purposes of 12 USC Section 85 incorporates Pennsylvania law.
However, the interpretation and enforcement of this Mortgage shall be governed by the law of the
jurisdiction in which the Property is located, except as preempted by federal law. In the event that any
provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not
affect other provisions of this Mortgage or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Mortgage and the Note are declared to be severable.
=1& Transfer of the Property. If all or any part of the Property or any interest 'µ'Ijt is sold
or transferred without our prior written consent, we may, at em option, require immediate payment in full
of all sums secured by this Mortgage. However, this option shall not be exercised by us if exercise is
prohibited by federal law as of the date of this Mortgage.
lb. Sale of Agreement; Change of Loan Servicer. The Note or a partial interest in the
Note (together with this Mortgage) may be sold one or more times without prior notice to you. A sale
may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due
under the Note and this Mortgage. There also may be one or more changes of the Loan Servicer
unrelated to the sale of the Note. If there is a change of the Loan Servicer, you will be given written
notice of the change as required by applicable law. The notice will state the name and address of the
new Loan Servicer and the address to which payments should be made. The notice will also contain any
information required by applicable law.
17. Hazardous Substances. You shall not cause or permit the presence, use, disposal,
storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow
anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The
preceding two sentences shall not apply to the presence, use, or storage on the Property of Hazardous
Substances in quantities that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property. You shall promptly give us written notice of any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If
you learn or are notified by any government or regulatory authority, that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, you shall promptly take all
necessary remedial actions in accordance with Environmental Law. As used in this Mortgage,
"Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental
Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
materials. As used in this Mortgage, "Environmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
Page 6
18. Acceleration; Remedies. We shall give you notice prior to acceleration following
your breach of any covenant or agreement in this Mortgage (but not prior to acceleration under
Section 15 unless applicable law provides otherwise). The notice shall specify: (a) the default;
(b) the action required to cure the default; (c) when the default must be cured; and (d) that failure
to care the default as specified may result in acceleration of the sums secured by this Mortgage,
foreclosure by judicial proceeding and sale of the Property. The notice shall further inform you of
the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense you may have to acceleration and foreclosure. If the
default is not cured as specified, we way, at our option, require immediate payment in full of all
wms:secured by this Mortgage without further demand and may foreclose this Mortgage Eby
judicial proceeding. We shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this Section 18, including, but not limited to, reasonable attorneys' fees as permitted by
applicable law and costs of title evidence to the extent permitted by applicable law.
19. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured
by this Mortgage under the provisions of Section 18, we may, in our sole discretion and upon such
conditions as we in our sole discretion determine, discontinue any proceedings begun to enforce the terms
of this Mortgage,
20. Release. Upon payment of all sums secured by this Mortgage, we shall discharge and
satisfy this mortgage without charge to you. You shall pay any recordation costs.
21. Additional Charges. You agree to pay reasonable charges as allowed by law in
connection with the servicing of this loan including, without limitation, the costs of obtaining tax searches
and subordinations. Provided, however, that nothing contained in this section is intended to create and
shall not be construed to create any duty or obligation by us to perform any such act, or to execute or
consent to any such transaction or matter, except a release of the Mortgage upon full repayment of all
sums secured thereby.
22. Waivers. You, to the extent permitted by applicable law, waive and release any error
or defect in proceeding to enforce this Mortgage, and hereby waive the benefit of any present or future
laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption. No waiver by us at any time of any term, provision or covenant contained in this
Mortgage or in the Note secured hereby shall be deemed to be or construed as a waiver of any other
term, provision or covenant or of the same term, provision of covenant at any other time.
23. Reinstatement Period. Your time to reinstate provided in Section 18 shall extend to
one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Mortgage.
24. Purchase Money Mortgage. If any of the debt secured by this Mortgage is lent to you
to acquire title to the Property, this Mortgage shall be a purchase money mortgage.
Page 7
25. Interest Rate After Judgment. You agree that the interest rate payable after a
judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from
time to time under the Note.
"I -
BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Mortgage
and executed by you..
Signed, sealed and delivered in the presence of:
Page 8
INDIVIDUAL ACKNOW DGMENT
STATE OR COMMONWEALTH OF
)SS:
COUNTY OF }}
?ern
On the old day of
before me appeared: ,
JAMES D STINE
to me personally known to be the person(s) whose name(s) is/are
subscribed to this instrument, and such person(s) acknowledged that
he/she/they (i) executed the same for the purposes therein contained,
and (ii) executed this instrument as their free act and deed.
IN WITNESS WHEREOF,
(Official Seal)
r
Attention Registry of Deeds/Town or City Clerk:
Mail to: Citizens Bank
Consumer Finance Operations - RJW215
1 Citizens Drive
Riverside, RI 02915
hereun my hand and o cial seal.
Notary Kd3ft
Notarial Seal
Angela M. Barrnont, Notary Public
ppensWrg Boro, Cumberland County
y Canrnission Expires Oct 10, 2006
bar. Pennsytyanis Awmbon Or Notaries
ACKPA 4/05
J
. - ??;
.`=
-` ? ? .7
?.
•? 1
r,
__ ??.`.
CERTIFICATE OF RESIDENCE OF MORTGAGEE
I do hereby certify that the precise address and principal place of business of the within named
mortgagee is: 1735 Market Street, Philadelphia, PA 19103
Citizens Bank of Pennsylvania
By: ax?,- aa; t A;r I
Name: ?JDU V- 76 (0 0?t lu-
Title:
?j Wl u.Ui.`tG' o v
s
Page 9
INDIVIDUAL ACK
STATE OR COMMONWEALTH OF
COUNTY OF ?J'1.,422L,,d
NOW DGMENT
)SS:
On the Ptd- day of r Q?
befofe awe appeared
JAMES D STINE
to me personally known to be the person(s) whose name(s) islare
subscribed to this instrument, and such person(s) acknowledged that
he/she/they (i) executed the same for the purposes therein contained,
and (ii) executed this instrument as their free act and deed.
IN WITNESS WHEREOF, I hereun my hand and cial seal.
(Official Seal) .-?
Notary PaWc
Notarial Seal
Angela M. Barmont, Notary Public
ShiWmburg Boro, Cumberland County
My Comnft-Aon Expires Oct. 10, 2006
Attention Registry of Deeds/Town or City Clerk:
Mail to: Citizens Bank
Consumer Finance Operations - RJW215
1 Citizens Drive
Riverside, RI 02915
ACKPA 4/05
EXHIBIT "C"
EXHIBIT "C"
ALL THE FOLLOWING DESCRIBED REAL ESTATE LYING AND BEING SITUATE IN
SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A NAIL IN THE CENTER OF A MOUNTAIN ROAD WHICH LEADS
FROM THE FORMER GATES ORCHARD IN SOUTH MOUNTAIN, AND LINE OF LAND
OF THE COMMONWEALTH OF PENNSYLVANIA, FORMERLY DAVID CLEVER;
THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID COMMONWEALTH OF
PENNSYLVANIA, SOUTH 48 DEGREES 30 MINUTES WEST 319.8 FEET TO AN IRON
PIN AND STONES; THENCE ALONG LINE NOW OR FORMERLY OF WILLIAM J.
STINE, OR FORMERLY OF JOHN GROVE, THEN BY LANDS NOW OR FORMERLY OF
GEORGE CLEVER AND HENRY VARNER, NORTH 48 DEGREES 30 MINUTES EAST
219.5 FEET TO A NAIL IN THE CENTER OF THE SAID MOUNTAIN ROAD;
THENCE ALONG THE CENTER LINE, SOUTH 42 DEGREES 30 MINUTES EAST 314
FEET TO A NAIL, THE PLACE OF BEGINNING, CONTAINING 1.93 ACRES, MORE OR
LESS, AS PER SURVEY PREPARED BY WILLIAM RUSSELL GROVE, R.S., DATED
NOVEMBER 26, 1966.
PARCEL ID #39-14-0165-017
#3140112(148462.253)
EXHIBIT "D"
WILENTZ
GOLDMAN
&SPITZER P.A.
ATTORNEYS AT LAW
90 Woodbridge Center Drive
Suite 900 Box 10
Woodbridge NJ 07095-0958
732 636 8600
ax 732) 855-6117
Meridian Center I
Two Industrial Way West
Eatontown, NJ 07724-2265
F32 542-4500
a, 732) 493-8387
110 William Street
26th Floor
New York, NY 10038-3901
P 12 267-3091
ax?212)267-3828
Two Penn Center Plaza
Suite 91pp0
{215 )5l69-06000 19102
Fax(215)636-3999
Park Building
355 Fifth Avenue Suite 400
Pittsburgh, PA 1222
((412 232-0808
Fax?412)232-0773
website: www.wilentz.com
Please reply to:
Pittsburgh
Lauren B. Karl, Esquire
Direct Dial: 412-232-0808
lbkarl(ZDwilentz corn
January 15, 2009
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when
you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397 (persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact
an attorney in your area. The local bar association may be able to help you find a lawyer.
#3128398(148462.002)
Page 2
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENDG UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO
MENCIONADO ARRIBA, PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NO.
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
JAMES D. STINE
385 STROHM ROAD
SHIPPENSBURG, PA 17257
6051081333/09044PA08
CITIZENS BANK OF PENNSYLAVANIA
CITIZENS BANK OF PENNSYLVANIA
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSE BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for
mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN
THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR
EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE.
THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT",
EXPLAINS HOW TO BRING YOU MORTGAGE UP TO DATE.
#3128398(148462.002)
Page 3
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agency lists at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names addresses and telephone number of designated consumer
credit counseling agencies for the county in which the property is located are set forth at the end of this
Notice. It is only necessary to schedule one fact-to-face meeting. Advise your lender immediately of your
intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default).
You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency
Assistance Program Application with one of the designated consumer credit counseling agencies listed at
the end of this Notice. Only consumer credit counseling agencies have applications for the program and
they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to
PHFA and received with within thirty (30) days of your face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF
THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PRE VENTED FROM STARTINGA
FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION
CALLED "TEMPORARY STAY OF FORECLOSURE."
YO U HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS. ALA TE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, B UT IF YOUAPPLICATION IS EVENTUALLYAPPROVED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT A DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
#3128398(148462.002)
Page 4
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 385 STROHM ROAD, SHIPPENSBURG, PA 17257.
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due, as set forth below:
Principal and Interest (overdue
from 09/07/08 through 01/07/09)
5 payments at $852.14 $4,260.70
Late Charges 200.00
Partial Pay (65.02)
Total amount of Delinquency $4,395.68
Additionally, another payment of $852.14, becomes due on February 7, 2009.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date
of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$4,395.68, PLUS ANY MONTHLY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash,
cashier's check certified check or money order made payable to CITIZENS BANK OF
PENNSYLVANIA and sent to:
Lauren B. Karl, Esquire
Wilentz, Goldman & Spitzer
Park Building
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
412-232-0773-fax
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt.
This means that the entire outstanding balance of this debt will be considered due immediately and you
may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past
due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal
action to foreclose upon your mortgage property.
IN THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff
to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
#3128398(148462.002)
Page 5
attorney's fees that were actually incurred, up to $50.00. however, if legal proceedings are started against
you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include
other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be
required to pay attorney's fees.
OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the
right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may
do so by paying?the total amount then past due plus any late or other charges then due, reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writing by the lender and by performing any other requirement under the
mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to
the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriff s Sale of the mortgage property could be held would be approximately 6 months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Citizens Bank of Pennsylvania
Address: 480 Jefferson Blvd., RJE-110, Warwick, RI 02886
Phone Number: (888) 522-7552
Fax Number: (888) 999-4173
Contact Person: Gail Bergantino
E-Mail address: Gail.Bergantino@cgfcustomers.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started the
lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
#3128398 (148462.002)
Page 6
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IE-YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE
THIS RIGHT TO CURE"YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAR YEAR).
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717-334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888-511-2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717-232-9757
Loveship, Inc.
2320 North 5"' Street
Harrisburg, PA 17110
717-232-2207
83128398(148462.002)
Page 7
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717-762-3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717-780-3940
800-342-2397
Sincerely,
WILENTZ GOLDMAN
lifa NJ & SPITZER1n n
h
BY: i ?
X 1?l
AT EN ERSCHLER KARL
LBK/
Enclosure
#3128398 (148462.002)
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
This communication is from a debt collector. This is an attempt to collect a debt and any
inforination obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after
receipt of this notice, the debt will be assumed to be valid by our offices.
If you notify our offices in writing within 30 days of receipt of this notice that the debt, or
any portion thereof, is disputed, our offices will provide you with verification of the debt
or copy of the judgment against you, and a copy of such verification or judgment will be
mailed to you by our offices.
4. If you make a written request for it within 30 days hereof, I will also send you the name
and address of the original creditor if different from Citizens Bank.
r ?
CID TG1
ACE"FiED M AIL,, RE CEIPT
®r • No InsuranceC overa e r r r
r
m .
t .u
M
Fostape
I
1
r J? ------------
C
Certified Fee
M
M
Return Receipt Fee
E
d Yv ;Postmark
H
O (
n
orsement Required) ere
Fee
Restricted livery
df 1
t
(Endorsement Reuired) rt i
r-9 Total Postage & Fees
to
E3
O
fti
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and. address on the reverse
so that we can return the card to you.
¦ Attach this card=:to tt?p,_hack of the mailpiece
or on the front if?spaeepermits.
1. Article Addressed to:
}
r
C ,?(} 1 'I YES Y?l: v ., t ? A- . ? t
A Signature _ -- _,
X_n, -? Agent
f ! l-? .i M ? Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: 0 No','
%
3. Service Type
Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
7008 1140 0003 8364 5547
Domestic Return Receipt 102595-02-M-1540
a
o
,Sb
D
C?
SHERIFF'S RETURN - REGULAR
CASE NO: 2009-01096 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIZENS BANK OF PENNSYLVANIA
VS
STINE JAMES D
JASON VIORAL Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
STINE JAMES D the
DEFENDANT at 0012:56 HOURS, on the 26th day of February , 2009
at 385 STROHM ROAD
SHIPPENSBURG, PA 17257 by handing to
KATHRYN JEAN SHIRLEY ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 14.40
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
42.40 02/27/2009
WILENTZ GOLDMAN & SPITER
Sworn and Subscibed to By:
before me this day Dep ty Sheriff
of A.D.
r+s
??°
.,..
??::
'?
.?
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
'LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910 Attorneys for Plaintiff
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V. NO. 09-1096
JAMES D. STINE
Defendant.
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a judgment by default in the amount of $120,253.13, plus interest at the per
diem rate of $19.03 from April 6, 2009, and costs of suit, in favor of Plaintiff, Citizens Bank of
Pennsylvania, ("Citizens"), and against Defendant, James D. Stine, ("Defendant"), for his failure
to answer or otherwise plead in response to the Complaint in Mortgage Foreclosure in this
action. In support thereof, Citizens avers the following:
On February 23, 2009, Citizens commenced this action by filing a Complaint in
Mortgage Foreclosure with a Notice to Defend (collectively, the "Complaint") against the
captioned Defendant.
2. On February 26, 2009, the Defendant was served with the Complaint by the
Cumberland County Sheriff by handing said Complaint to Kathryn Jean Shirley, and adult
member residing with the Defendant, at his address located at 385 Strohm Road, Shippensburg,
#3153692 (148462.253)
PA 17257. A true and correct copy of the Sheriffs return is attached hereto, incorporated herein
and labeled as Exhibit "A."
3. Defendant failed to plead in response to the Complaint within 20 days.
4. On March 23, 2009, a Notice of Intention to Enter Judgment By Default was
served upon the Defendant by United States first class regular mail, postage prepaid at 385
Strohm Road, Shippensburg, PA 17257. A true and correct copy of the Notice is attached
incorporated herein and labeled as Exhibit "B."
5. More than 10 days have elapsed since the Notices of Intention to Enter Judgment
By Default was mailed to Defendant, and to date no responsive pleading has been filed.
6. Damages should be assessed in the amount of $120,253.13, plus per diem interest
at the rate of $19.03, from April 6, 2009, and costs of suit, which is calculated as follows:
Principal $110,245.48
Accrued interest
(through 4/6/09) 2,875.38
Accrued late charges 220.00
BPO/Appraisal 400.00
Title Report 750.00
Attorneys fees 5,512.27
Attorneys costs 250.00
TOTAL REAL DEBT $120,253.13
7. The aforementioned sum is the amount demanded in the Complaint with interest
carried forward to April 6, 2009.
#3153692 (148462.253)
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands judgment in its favor
and against Defendant, James D. Stine, in the amount of $120,253.13, plus per diem interest of
$19.03, from April 6, 2009, plus any additional late charges, attorneys fees and costs and any
other costs and charges collectible under the mortgage and for the foreclosure and sale of the
Property.
Respectfully submitted,
WILENTZ, GOLDMAN & SPITZER, P.A.
BY: 11tim 0,41w All
IRM &Q -
4U] S. mbeim, 3d, Esquire
Lauren Berschler Karl, Esquire
Attorneys for Plaintiff,
Citizens Bank of Pennsylvania
Date: April 6, 2009
#3153692 (148462.253)
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910 Attorneys for Plaintiff
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V. NO. 09-1096
JAMES D. STINE
Defendant.
CERTIFICATION OF SERVICE OF
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
I, Lauren Berschler Karl, Esquire, hereby certify that on March 23, 2009,1 served a
Notice of Intention to Enter Judgment By Default upon Defendant, James D. Stine, by United
States first class regular mail, postage prepaid at 385 Strohm Road, Shippensburg, PA 17257.
By: n1l"Im kkk Q,
1.11VIII ?&
*Lau4renersch'Ier Karl, Esquire
Attorney for Plaintiff
Citizens Bank of Pennsylvania
#3153692(148462.253)
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910 Attorneys for Plaintiff
Philadelphia, PA 19102
215-9404000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V. NO. 09-1096
JAMES D. STINE
Defendant.
CERTIFICATION OF ADDRESSES
I, Lauren Berschler Karl, Esquire, hereby certify that the address of Plaintiff, Citizens
Bank of Pennsylvania, is 2001 Market Street, Philadelphia, PA 19103, and that the last known
address of Defendant, James D. Stine, is 385 Strohm Road, Shippensburg, PA 17257.
By:
auk
auren B chler Karl, Esquire
Attorney for Plaintiff
Citizens Bank of Pennsylvania
#3153692 (148462.253)
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 31), ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
JAMES D. STINE
Defendant.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-1096
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF PHILADELPHIA
Lauren Berschler Karl, Esquire, being duly sworn according to law, deposes and states that she is
the attorney for Citizens Bank of Pennsylvania, and as such, is authorized to make this Affidavit on its
behalf, and that, to the best of her knowledge, information and belief, Defendant, James D. Stine, is not in
the military or naval service of the United States or its allies or otherwise within the provisions of the
Soldiers and Sailors Civil Relief Act of 1940 and/or its amendments. "' n
L?-
ren Ber chler Karl, Esquire
Sworn to and subscrjbed
befbo' ne this,, b q day
2009.
Nclry;ra; Soar ---
Ju!ia,A. Mr-.O,ide, notary Puulic
LC?y Of PhilaJW'y;ar71 iiadelphia County
C pe?yj -Mav29 2070
amber, Pe;?rsylvania gsso-; tion of
Notaries
#3153692(148462.253)
EXHIBIT "A"
SHERIFF'S RETURN - REGULAR
CASE NO: 2009-01096 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIZENS BANK OF PENNSYLVANIA
VS
STINE JAMES D
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
STINE JAMES D the
+Ti,- .?rtrtx+
DEFENDANT at 0012:56 HOURS, on the 26th day of February-, 2009
at 385 STROHM ROAD
SHIPPENSBURG, PA 17257
KATHRYN JEAN SHIRLEY
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.40
Affidavit .00
Surcharge 10.00
nn
`tG . Y V
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
02/27/2009
WILENTZ GOLDMAN & SPITER
By
Dep ty Sheriff
A.D.
EXHIBIT "B"
WILENTZ
GOLDMAN
&SPITZER P.A.
ATTORNEYS AT LAW
90 Woodbridge Center Drive
Suite 900 Box 10
Woodbridge NJ 07095-0958
V32} 636-8000
Fax (732) 855-6117
Meridian Center I
Two Industrial Wav West
Eatontown, NJ 07724-2265
732 542-4500
ax 732) 493-8387
110 William Street
26th Floor
New York, NY 10038-3901
(212 267-3091
Fax(212)267-3828
Two Penn Center Plaza
Suite 910
Philadelphia PA 19102
{215 569-0000
Fax(215)636-3999
Park Buildi
355 Fifth AN-hue. td'400
Pittsburgh, PA 1 222
(412 232-0808
Fax(412)232-0773
webslre. www.wllenrzeom
March 23, 2009
James D. Stine
385 Strohm Road
Shippensburg, PA 17257
Re: Citizens Bank of Pennsylvania v. James D. Stine
CCP, Cumberland County, Docket No. 09-1096
Dear Mr. Stine:
Please reply to:
Lauren B. Karl, Esquire
Pittsburgh, Pennsylvania
Direct Dial: 412-232-0808
Email: 1bkarIna wilentz.com
As you are aware, this office represents Citizens Bank of Pennsylvania in the above matter.
Enclosed please find a Notice of Intention to Enter Judgment by Default.
Sincerely,
WILENITZ GOLDMAN & SPITZER
BY: j.
P_ 1 ) k
AURE B SCHLER KARL
LBK/lc
Enclosure
43150470 (148462.253)
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 31), ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
JAMES D. STINE
Defendant.
To: JAMES D. STINE
Date of Notice: March 23, 2009
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-1096
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
#3150471(148462.253)
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 17103
717-249-3166
Respectfully submitted,
WILENTZ, GOLDMAN & SPITZER, P.A.
BY:
t aniel S. Be eim,-3d, Esquire
Lauren Berschler Karl, Esquire
Attorneys for Plaintiff,
Citizens Bank of Pennsylvania
-2-
??MLJ iw?Jt dm 1 ??
OF THE
2009 AFR -8 PH 1: 16
NTY
$14. oo Pp
GIc.# I (off
?? a,a3473
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS - CUMBERLAND COUNTY
CARLISLE, PA 17013
CURTIS R. LONG
Prothonotary
TO: James D. Stine
385 Strohm Road
Shippensburg, PA 17257
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
JAMES D. STINE
Defendant.
NO. 09-1096
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as 7CU4R ated
TI S ONG
Prothonotary
X Judgment by Default ($120,253.13)
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY LAUREN BERSCHLER KARL at this telephone number: (412) 232-0808.
#3153692 (148462.253)
VI&
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
JAMES D. STINE
Defendant.
? Confession Judgment
¦ Other - MORTGAGE FORECLOSURE
File No. 09-1096 Civil Term
Amount Due: $120,253.13, plus
Interest: $2,835.47, from 4/6/09-9/2/09
(19.03/day),plus
Atty's Comm: $0.00, plus
Costs: to be added
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to
Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs, upon the following described property of the defendant(s)
385 Strohm Road
Shippensburg, PA 17257
as more fully described in Exhibit "A" attached hereto.
Date: .
Signature:
Print Name: auren Be schler Karl, Esquire
Address: Wilentz Goldman & Spitzer
Two Penn Center, Suite 910
Philadelphia, PA 19102
Attorney for: Plaintiff
Telephone: 412-232-0808
Supreme Court ID No.:88209
#3163067(148462.253)
S , 4,
ALL the following described real estate lying and being situate in Southampton Township,
Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at a nail in the center of a Mountain Road which leads from the former Gates
Orchard in South Mountain, and line of land of the Commonwealth of Pennsylvania, formerly
David Clever; thence along lands now or formerly of the said Commonwealth of Pennsylvania,
South 48 degrees 30 minutes West 319.8 feet to an iron pin and stones; thence along line now or
formerly of William J. Stine, or formerly of John Grove, then by lands now or formerly of
George Clever and Henry Varner, North 48 degrees 30 minutes East 219.5 feet to a nail in the
center of the said Mountain Road;thence along the center line, South 42 degrees 30 minutes East
314 feet to a nail, the place of beginning, containing 1.93 acres, more or less, as per survey
prepared by William Russell Grove, R. S., dated November 26, 1966.
BEING the same property conveyed from Larry D. Stine, Jr., and Kelly E. Reilly by deed dated
October 8, 1998, and recorded with the Cumberland County Recorder of Deed's Office on
November 2, 1998, in Book 188, page 313, et seq., conveyed unto James D. Stine.
Improvements: Residential Dwelling
Property known as: 385 Strohm Road, Shippensburg, PA 17257
Parcel Id# 39-14-0165-017
EXHIBIT "A"
#3163064(148462.253)
r , )
FLED- 2009 MAY - i Fi ?: 2 0
POK
.y2. ?a .
tr 'r
78.5 - r
rr < f
11 <<
q, r u ?.
eK? ? ?4s
,W--&,L
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
JAMES D. STINE
Defendant.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-1096
AFFIDAVIT PURSUANT TO RULE 3129.1
LAUREN BERSCHLER KARL, ESQUIRE, attorney for 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 located at 385 Strohm Road Shipt?ensburg,, PA 17257,
as more fully described in the metes and bounds description attached hereto, and made a part
hereof, and identified as Exhibit "A":
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
James D. Stine 385 Strohm Road
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
James D. Stine
385 Strohm Road
Shippensburg, PA 17257
#3163064 (148462.253)
3.
4.
5.
6
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 2001 Market Street
Philadelphia, PA 19103
Name and last known address of the last recorded holder of every mortgage of
record:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 2001 Market Street
Philadelphia, PA 19103
Name and address of every other person who has any record lien on the
property:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
None.
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 Address (if address cannot be
reasonably ascertained,
please so indicate)
PA Dept. of Public Welfare-
Bureau of Child Support
Health & Welfare Building
P.O. Box 2675
Harrisburg, PA 17105
Domestic Relations Section
of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
7. Name and address of every person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Kathryn Jean Shirley
385 Strohm Road
Shippensburg, PA 17257
I 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 made herein are
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsifications to
authorities.
180?0-I A A I K K 91 1 1-1-J.Akll I A' uren Bers hler Karl, Esquire
Sworn to and Subscrib before me
this,J6 "day of , 2009.
Public
COMMONWEALTH OF PENNSYLVANIA
Ndar+al Seal
Julia A. Pride, Notary Puolic
City Of Philadelphia, Philadelphia County
My Commission Expires k1aL 29.2010
Member, Pennsylvania Association of Notaries
ALL the following described real estate lying and being situate in Southampton Township,
Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at a nail in the center of a Mountain Road which leads from the former Gates
Orchard in South Mountain, and line of land of the Commonwealth of Pennsylvania, formerly
David Clever; thence along lands now or formerly of the said Commonwealth of Pennsylvania,
South 48 degrees 30 minutes West 319.8 feet to an iron pin and stones; thence along line now or
formerly of William J. Stine, or formerly of John Grove, then by lands now or formerly of
George Clever and Henry Varner, North 48 degrees 30 minutes East 219.5 feet to a nail in the
center of the said Mountain Road; thence along the center line, South 42 degrees 30 minutes Eas
314 feet to a nail, the place of beginning, containing 1.93 acres, more or less, as per survey
prepared by William Russell Grove, R.S., dated November 26, 1966.
BEING the same property conveyed from Larry D. Stine, Jr., and Kelly E. Reilly by deed dated
October 8, 1998, and recorded with the Cumberland County Recorder of Deed's Office on
November 2, 1998, in Book 188, page 313, et seq., conveyed unto James D. Stine.
Improvements: Residential Dwelling
Property known as: 385 Strohm Road, Shippensburg, PA 17257
Parcel Id# 39-14-0165-017
EXHIBIT "A"
#3163064(148462.253)
F1LED.-C)'IF °av
Y
E
2699 NAY - ! N 1 3' 20
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910 Attorneys for Plaintiff
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V. NO. 09-1096
JAMES D. STINE
Defendant.
ACT 6 AND ACT 91 AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
SS.
I, Lauren Berschler Karl, Esquire, being duly sworn according to law, depose and say that
I am counsel for the Plaintiff, and that I am authorized to make this Affidavit on its behalf, and
that the provisions of Act 6 codified at 41 P. S. § 101 et seq. and the provisions of Act 91 codified
at 35 P. S. §1680.401c et seq. have been complied with.
A I LL
Date uren Ber chler Karl, Esquire
Swornto0nd Sub bed before me
thisy?0 day of , 2009.
Public
C0r?9N94'WPAr_TH (aPE(??VAN1A
Nc..tarial Seal
EJUJ4'a A. k1u3ride, t'otary PIJU,lr;
f PhilacbP,hia, Ph4ad;?ip;,f , '•yurty
ommiss;n Expiry s t1? ; ;-!; ?_G ? 0
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#3163064 (148462.253)
CF THE:
2091 KIAY --1 P 2i1
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WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
JAMES D. STINE
Defendant.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-1096
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
TO THE DEFENDANT: JAMES D. STINE
DATE OF SALE: SEPTEMBER 2, 2009 AT 10:00 A.M.
PROPERTY TO BE SOLD: 385 STROHM ROAD, SHIPPENSBURG, PA 17257
PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE
SQUARE, CARLISLE, PA 17013
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of
$120,253.13, plus interest and costs. To find out how much you must pay, you may
call Lauren Berschler Karl, Esquire at (412) 232-0808.
2. You may be able to stop the sale by filing a petition asking the Court to strike or op(
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 and how to obtain an attorney).
#3163064(148462.253)
'
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 Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price by calling Lauren Berschler Karl, Esquire at
(412) 232-0808.
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 occurred, you may call Lauren Berschler Karl,
Esquire at (412) 232-0808.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a 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 real estate.
A schedule of distribution of the money bid for your real estate will be filed by
the Sheriff on a date specified by sheriff not later than thirty (30) days following
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 filing of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your property
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 Bar Association
32 Bedford Street
Carlisle, PA 17103
1-800-990-9108
717-249-3166
FILED E
CF THE Ff?l TAP
2C, 09 rev - l P 3: 20
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910 Attorneys for Plaintiff
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V. NO. 09-1096
JAMES D. STINE
Defendant.
------------------------------------------------------
NOTICE PURSUANT TO Pa.R.C.P. 3129.2
OF SHERIFF'S SALE OF REAL PROPERTY
TO: DEFENDANT(S):
James D. Stine
385 Strohm Road
Shippensburg, PA 17257
ALL OTHER PARTIES IN INTEREST:
PA Dept. of Public Welfare-
Bureau of Child Support
Health & Welfare Building
P.O. Box 2675
Harrisburg, PA 17105
Domestic Relations Section of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Kathryn Jean Shirley
385 Strohm Road
Shippensburg, PA 17257
#3163064 (148462.253)
TAKE NOTICE THAT the Defendant's real estate and any improvements thereon
located at 385 Strohm Road, Shippensburg, Pennsylvania, as more fully described in the metes
and bounds description attached hereto, made a part hereof, and identified as Exhibit "A," is
scheduled to be sold at Sheriff s Sale on September 2, 2009 at 10:00 a.m. at Cumberland
County Courthouse, I Courthouse Square, Carlisle, Pennsylvania, to enforce a court judgment in
the amount of $120,253.13, plus interest and costs which was entered in favor of Plaintiff,
Citizens Bank of Pennsylvania, and against the Defendant, James D. Stine. The owner(s) and/or
reputed owner(s) of the property to be sold is the Defendant, James D. Stine.
Our records indicate that you may hold a judgment against the Defendant, James D.
Stine, or a mortgage on the property 385 Strohm Road, Shippensburg, PA 17257 which will be
extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule
of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty
(30) days after the sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within ten (10) days after the filing of the schedule.
Respectfully submitted,
WILENTZ, GOLDMAN & SPITZER, P.A.
BY:
amel S. ernheim, 3d, Esquire
Lauren Berschler Karl, Esquire
Attorneys for Plaintiff,
Citizens Bank of Pennsylvania
Date: April 30, 2009
ALL the following described real estate lying and being situate in Southampton Township,
Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at a nail in the center of a Mountain Road which leads from the former Gates
Orchard in South Mountain, and line of land of the Commonwealth of Pennsylvania, formerly
David Clever; thence along lands now or formerly of the said Commonwealth of Pennsylvania,
South 48 degrees 30 minutes West 319.8 feet to an iron pin and stones; thence along line now or
formerly of William J. Stine, or formerly of John Grove, then by lands now or formerly of
George Clever and Henry Varner, North 48 degrees 30 minutes East 219.5 feet to a nail in the
center of the said Mountain Road; thence along the center line, South 42 degrees 30 minutes East
314 feet to a nail, the place of beginning, containing 1.93 acres, more or less, as per survey
prepared by William Russell Grove, R.S., dated November 26, 1966.
BEING the same property conveyed from Larry D. Stine, Jr., and Kelly E. Reilly by deed dated
October 8, 1998, and recorded with the Cumberland County Recorder of Deed's Office on
November 2, 1998, in Book 188, page 313, et seq., conveyed unto James D. Stine.
Improvements: Residential Dwelling
Property known as: 385 Strohm Road, Shippensburg, PA 17257
Parcel Id# 39-14-0165-017
EXHIBIT "A"
#3163064(148462.253)
ALED_.,-
THr
2009 F'O'i -1 F1`I 3: 21
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-1096 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s)
From JAMES D. STINE
(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 Due $120,253.13 L.L. $.50
Interest $2,835.47 FROM 4/6/09 - 9/2/09 (19.03/DAY)
Atty's Comm %
Atty Paid $161.40
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: MAY 1, 2009
Long, Prothonotary
(Seal)
By:
REQUESTING PARTY:
Name LAUREN BERSCHLER KARL, ESQUIRE
Address: WILENTZ GOLDMAN & SPITZER
TWO PENN CENTER, SUITE 910
PHILADELPHIA, PA 19102
Attorney for: PLANTIFF
Telephone: 412-232-0808
Deputy
Supreme Court ID No. 88209
WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 31), ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
JAMES D. STINE
Defendant.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-1096
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1
I, Lauren Berschler Karl, Esquire, having been duly sworn, hereby certify that:
1. The written notice to the Defendants required under Pa. R.C.P. 3129.2 was serve(
by first class certified United States Mail return receipt requested and by first class regular
United States mail on May 15, 2009 upon James D. Stine at 385 Strohm Road, Shippensburg, P,
17257. Proof of mailing is attached hereto and labeled as Exhibit "A."
2. The written notice to all persons named in Plaintiff's 3129.1 Affidavit other than
the Defendants required under Pa. R.C.P. 3129.2 was served by first class regular United States
mail on May 15, 2009 upon the following:
PA Dept. of Public Welfare-
Bureau of Child Support
Health & Welfare Building
P.O. Box 2675
Harrisburg, PA 17105
#3168397 (148462.253)
Domestic Relations Section of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Kathryn Jean Shirley
385 Strohm Road
Shippensburg, PA 17257
Proofs of mailing are attached hereto and labeled as Exhibit "B."
Respectfully submitted,
WILENTZ, GOLDMAN & SPITZER, P.A.
BY: i h I U A- ft) ' 1A KEJ
iel S. Be teim,-3d, Esquire
Lauren Bersch el, Esquire
Attorney for Plaintiff,
Citizens Bank of Pennsylvania
Date: May 15, 2009
#3168397 (148462.253)
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20,03 MAY 19 Pfd 4: 21
CJP r iTY
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WILENTZ, GOLDMAN & SPITZER P.A.
DANIEL S. BERNHEIM, 3D, ESQUIRE
LAUREN BERSCHLER KARL, ESQUIRE
Identification Nos. 32736 & 88209
Two Penn Center Plaza, Suite 910 Attorneys for Plaintiff
Philadelphia, PA 19102
215-940-4000
Fax 215-636-3999
CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY
V. NO. 09-1096
JAMES D. STINE
Defendant.
AFFIDAVIT PURSUANT TO RULE 3129.1
LAUREN BERSCHLER KARL, ESQUIRE, attorney for 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 located at 385 Strohm Road, Shippensburg. PA 17257,
as more fully described in the metes and bounds description attached hereto, and made a part
hereof, and identified as Exhibit "A":
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
James D. Stine 385 Strohm Road
Shippensburg, PA 17257
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
James D. Stine
385 Strohm Road
Shippensburg, PA 17257
113168401 (148462.253)
AO
3.
4.
5.
6
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 2001 Market Street
Philadelphia, PA 19103
Name and last known address of the last recorded holder of every mortgage of
record:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 2001 Market Street
Philadelphia, PA 19103
Name and address of every other person who has any record lien on the
property:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
None.
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 Address (if address cannot be
reasonably ascertained,
please so indicate)
PA Dept. of Public Welfare-
Bureau of Child Support
Health & Welfare Building
P.O. Box 2675
Harrisburg, PA 17105
Domestic Relations Section
of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
-2-
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7. Name and address of every person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Kathryn Jean Shirley 385 Strohm Road
Shippensburg, PA 17257
I 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 made herein are
subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsifications to
authorities.
V-?\
Date Wren Bersch er Karl, Esquire
Sworn to d d before me
this day of , 2009.
JU4 aa, tamiry Puohc
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Of f ")ir arty
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VIS Wiay 29 2010
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ALL the following described real estate lying and being situate in Southampton Township,
Cumberland County, Pennsylvania, more particularly described as follows:
BEGINNING at a nail in the center of a Mountain Road which leads from the former Gates
Orchard in South Mountain, and line of land of the Commonwealth of Pennsylvania, formerly
David Clever; thence along lands now or formerly of the said Commonwealth of Pennsylvania,
South 48 degrees 30 minutes West 319.8 feet to an iron pin and stones; thence along line now or
formerly of William J. Stine, or formerly of John Grove, then by lands now or formerly of
George Clever and Henry Varner, North 48 degrees 30 minutes East 219.5 feet to a nail in the
center of the said Mountain Road; thence along the center line, South 42 degrees 30 minutes East
314 feet to a nail, the place of beginning, containing 1.93 acres, more or less, as per survey
prepared by William Russell Grove, R. S., dated November 26, 1966.
BEING the same property conveyed from Larry D. Stine, Jr., and Kelly E. Reilly by deed dated
October 8, 1998, and recorded with the Cumberland County Recorder of Deed's Office on
November 2, 1998, in Book 188, page 313, et seq., conveyed unto James D. Stine.
Improvements: Residential Dwelling
Property known as: 385 Strohm Road, Shippensburg, PA 17257
Parcel Id# 39-14-0165-017
EXHIBIT "A"
#3168401 (148462.253)
20H HAY 1 9 PH Li: 2 C
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