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Home My WebLink About04-2010 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC BANK, N.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NO. OL/ - :ZOIC, C t,;JIEfUV1... CUMBERLAND COUNTY JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PAl 7013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 88065 File #: 88065 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBT AIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SijOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. SALE DATE: SEPTEMBER 7. 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, N.A. No.: 2004-2010 CIVIL vs. JOHN D. STONE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 272 SOUTH WEST STREET. CARLISLE. PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. August 2, 2005 CUMBERLAND COUNTY PNC BANK, N.A. No.: 2004-2010 CIVIL vs. JOHN D. STONE AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, DANIEL SCHMIEG, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 272 SOUTH WEST STREET, CARLISLE, P A 17013: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, N.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address canuot b, reasonably ascertained, please indica'c i None. 6. Name and address of every other person who has any record interest in the property :111\1 whose interest may be affected by the sale. Name Last Known Address (if address canu(" ", reasonably ascertained, please indic:'[,,' None. 7. Name and address of every other person of whom the plaintiff has knowledge who b; interest in the property which may be affected by the sale: Name Last Known Address (if address can)'" .. reasonably ascertained, please indicje) None. I verify that the statements made in this affidavit are true and correct tG :, my personal knowledge or information and belief. I understand that false statements'" made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification' "fuoriti". b . ANIELsc4iS/", Attorney for Plain . . August 2, 2005 PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLK", JOHN D. STONE CIVIL DIVISION Defendant(s). NO. 2004-2010 CIVIL AFFIDAVIT PURSUANf TO RULE 3129 (Affidavit No. I) PNC BANK. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ! ':.1 ii' RE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following inle ,r, concerning the real property located at .272 SOUTH WEST STREET. CARLISLE. )'!\ 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cmillO, ,-. reasonably ascertained, please indicate i JOHN D. STONE CUMBERLAND COUNTY PRiSm' 1101 CLAREMONT ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a rceo I " property to be sold: i "eal Name Last Known Address (if address Cd1I!, d reasonably ascertained, please indlC None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 272 SOUTH WEST STREET CARLISLE, PA 17013 Domestic Relatious of Cumberlaud County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 SALLY J. WINDER, ESQUIRE 9974 MOLLY PITCHER HIGHWAY SHIPPENSBURG, P A 17257 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 9, 2005 DATE ~~J1.J= DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff "... g'O ~E. 'z ~\ "'" ~~ \ - U'o ",'" ~ ~E. O2 < Z U ~ ~~ ~ H ~ "''' n ~ .... ,.. ~~ 0 " ~ z ~ o i a '" - ". - v> - N (g~g.~jf ~\ln~ ;g~t "~%g% ~s s'o g __ VI-O ~'ft8~~ s-(<>.::\( ~'Q: 'C5 0 1ft' a.." ~ to ~. ~.-" ~hi\ <'.~. ~~fi.::l~ ~~iI'H ",i ~ a .... ~.t:rtg- d~~~ W;%ii" ~s' ~ f;'li U;;:ao. "'"". '(i-o ~ ~~ (t ~.~-a.oa. !>"g~ ,ggSp. g.p1i. iI .~L '::\, 1I:::' ",g~ ,,~ ,lh%i ~h~ n g ;;;.~ ifl-<;:l ll"\~l ~ sa ~ ~l ~lir;.* 'i 'I; ~ - ..... ..... o '" '" -> 0"0 V> ". ~ .. .. 1 :s: '" \:'. N - ~ ~ n .. % e 3 i ~ ~ z . 9 ("} . td ~ ~ ~ a z i ?' '" ~ ..... ,. . ..... ~ g " ~ ~ ~ ~ . '"" ~ t ~ ~ ~ ~ ~ ~ ~ S" ~ - U'o v> It 0'01'\'6502229 $ 00.90~ Ofl1021200C' trta\.\ed FfOl'f'o ~g'lO-;) US POSiAG~ gt~ ",Q." ttI "'" ~ 10l ~ Q."'~ ll\ p. o-,;_o'T\ e.~~~ g. ::. ii'tI1 t oiS"ge ~:nQ o-,;'l'\i:l ?%~'(; ..o~;iO 'O8:~~ 'fo:l~;? .......o~r ~~~~ ?1 ~ ~ 'r ~~g'~ ~ s. ~:. ... ,!::, l1,o ~ " ~ ~ ~ \," . \".. . ,-,. ,,"J~'." >.,,.,. ~ ,~. ~r'\ ~ '- /' '~~' ,Ii) ~ ., ~ i .... ""' .... v.> .... N - .... - o .." "" -.J '" '" ""' v.> t"" - $' N '" ~. ('l iO z c :I a co ~ O"-Z ....~,., <Jl~a .. .. .. l:l '" ,., ~"'l:l ~ "" ~'"" ~. 't .... .z vo ~.~ ll.. "'0 ~ ~ \ "d_~"d ..-j () Cl z Er;:c.. m <Jl . f: ~ ~ ~ i ~--J"'dr:- So o..--(O~ - .6- g. 9 ~rJ ~ ~ ~ tyj ,. liE. d ~ \ ;; g.~o~ ~- z: ~ i 'e\ ? ~ g () " . g ~ ~ "d\1'1.... ~" ~ ~ ~ "g~~ o 0 ~ ~ ,,~ - ~ ai' ~ ~ }il "" ~~ g. ~ W~ ~ ...., ~ trl \ ~ 0 ~ "'Ill Z .. ;;o~~ <Jl ~ ~ '" ~ ~ _s..~ ~ tv ~ ~ ~ Vl <Jl % <Jle\~O g ~ 1:: ~p.. :x: .." ;; Q.' a. ~ .." .. 0 "'~ -\ ~ . " Cfl;:l \@, ~~ ""' '< ~ n e, o\! ~ ~ ~ g <t " ~ ,. ~~ ~ '<l - r t:: ...... . !\' .. 0 t'" ~ <Jl Cl '" 0 . z '" ~ Ii! () ; ~ ~ ::; ~ ~ g 8 ;;; lil ,;-I g () ~ ~. \:l ~ - ~ v.> ~ ~ Z rn ~ ~~g.g-g ~ F1 ~ ~ go.-, (0 '" I;; ~. t ~ ~ ~ > ~ "';1 0- ~ sa%' - ~ Wr~z. -.l ~ 0 ~~h% .... 0 ~ v.> '" ~ l;2~g,~g ~ ~o 0 - 5.~6...... ~ tl:l S'c.g ..:: ~ ~h~~. ~ ~ Ii"" g'i tv ~ ~.~.. ~ a-, ";) g ~. '" -.l ,;-I s,~~ g Po > "" .... \ () g;;;'... ~ g ~ ~~g\:le -.J N ~iii ~ '" -.l or~ <Jl F1 i rn (/ ~ ~%H '" s .~ g' > ll.\":~ - ? ~~. '" -.l . ~~ > \~ r.,fg _ v.> g~ ~- -.J _~ a .... ~.*a~. 0 <?ni '" .g g g ~. 5'~~ a E.~ 0 ? '.";1 . . 0 ~~0Sl'~ ~ Hil ~ ~~? .t ~~ ~ v,h\ (~~="':<'20o ~ if. . 'i?ll.~~ .; . $ 0'\- 200'0 \l~9 \~ ~~\O o~ gild 02 4~00~11 COO"- ~g\ t\n . 000 I'I'.otJI1JI' "-'i'\\,E.O ~&;''; ~ ~ 'g' 'Ci' ~ .." ? ...., ~ $ t:. ..... \\ ~,::J] ~ en -J' ;0', c> ~, I ~.~ \D :.c.-:'-_c <ii :r:+I ~O %'Ci bO - r\'\ ;PC; - "" -Z cJ'I ~ ::2 N - 1. Plaintiff is PNC BANK, N.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/29/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, an OHIO CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1518, Page 1. By Assignment of Mortgage recorded 9/2/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No.701, Page 691. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 88065 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2002 through 05/03/2004 (Per Diem $15.05) Attorney's Fees Cumulative Late Charges 01/29/1999 to 05/03/2004 Cost of Suit and Title Search Subtotal $79,905.51 12,852.70 1,250.00 731.70 $ 550.00 $ 95,289.91 Escrow Credit Deficit Subtotal 0.00 7,535.51 $ 7.535.51 TOTAL $ 102,825.42 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Plaintiff mailed on March 20, 2002 its Combined Letter Pursuant to Act 6 of 1974 and Act 91 of 1983 to the defendants True and Correct copy of the said letter is attached here to Exhibit A. 9. By letter dated 10/25/02, Pennsylvania Housing Finance Agency denied the Defendant for Emergency Mortgage Assistance. True and Correct copy of the denial letter is attached here to Exhibit B. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. II. This action no longer comes under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. 35P.sec. 1680.401c(a)(5). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 102,825.42, together with interest from 05/03/2004 at the rate of$15.05 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. FEDERMA~ND P!'-ELA/:1l.f By: IS/Fr~a{nan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 88065 Washington Mutual P.O Box 1039 Northridge, CA 91328-1093 March 20, 2002 "0001219099" John D. Stone 272 S West St Carlisle, PA 17013-3878 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on yonr home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (REMAP) may be able to help to save your home. This notice explains how the program works. To see ifHEMAP can help vou. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TIlE 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. Ifvou have any questions. you may call the Pennsylvania Housin2. Finance Agency toll free at 1-800..342-2397 (oersons 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. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. 8i no comprende el contenido de esta notificion obtenga una traduccion imrnediatamente lIamando esta agenda (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba Puedes ser elegible para un prestamo par el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: John D. Stone 272 South West Stre Carlisle, PA \7013 5100106003 Washington Mutual LOAN ACCOUNT NUMBER: CURRENT You mav be eli~ible for [mancial assistance which can save vour home from foreclosnre and helD vou make future mongage oavments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: ifyonr default has been caused by circumstances beyond yonr control, 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 the foreclosure on your mortgage for thitty (30) days from the date of this Notice. During that time you must arrange and attend a "face-tn-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. 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 YOUR MORTGAGE UP TO DATE. Page two 5100106003 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face,to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and teleohone numbers of designated consumer counseling a~encies for the county in which vour properlY is located are set forth at the end of this Notice. It is only necessary to schednle one face-to.face meeting. You should advise this lender immediatelv 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). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated conswner 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 completed application to the Pennsylvania Housing Finance Agency . Your application MUST be med or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME lMMEDIATEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACllON- 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 you application. During that additional time, no foreclosure proceedings will be pjlfSued against you if you have met the time requirements set forth above. You will be notified directly by the 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 TInS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEF AUL T(Brin~ it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 272 South West Sire Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now-past due: (a) 3 Payments @ $901.99 (b) Late charge(s) : (c) Othercharge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 03/19/2002: $2,705.97 $81.30 $7.60 $.00 $2,794.87 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACllON (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days fromthe date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2.794.87. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other 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 Washington Mutual at COLLECfION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5100106003 IF YOU DO NOT CURE THE DEFAULT- If you do uot cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortga~e debt. This means that the entire outstanding balance of this debt will be considered due innnediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon vour mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged 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 they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. Ifvou cure the default within the THIRTY (30)DA Y period, you will not be required to pav attorneys' 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 Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' 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 requirements 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. EARLffiST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) 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: Address: Washington Mutual COLLECTION SUPPORT MAIL STOP NOI0201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 800-282-4840 Telephone Number: EFFECf 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE, You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to payoff 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. (However, you are not entitled to this right more than three times in a 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. Page four 5100106003 Washington Mntual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writin2 at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual Weare attempting to coUect a debt, and any information that we receive may be used for that purpose. """'::1q..1.q.~~"::I=:'=:'-(''::J +94143595579 7-104 P.001/001 F-8'#fi~/' :~~~--:U~:~~~o~am '" h:ymtJnI!l: 2101 Nqrth From StrtJ~~ P.O. Box lS206 Harri8burg, FA 17105-5206 CDTTesponden(:tJ.. 2101 North From $rr~~ P.O. Box 15530 Harrisburg~PA17105-S5 0 (717)78()'3940 1-800..342-2397 FAX(7I7) 78().!/9 TTY(7I7)78o-J8 12-02-02 03,39.0 From-WASHINGTON MUTUAL BANK , .r~~YJ.vaJ.lla Housing Finance Agency ~D ~\~U~~\\\ "'O\l~S~\ fO\\~C\S)SU\\t . ~~~~~~~!I~T CARLISLE. PA. 17013 J~ Loan #; 5100106003 ~ SS#, 153-42-7285 WASHINGTON MUTUAL COLLECTION SUPPORT, NOI0201 r' 9451 COlUlIN AVE NORTHRIDGE. CA. 91324 Your app~~cation ror a HOMEOWN&R'S~EHERGENCY MORTCAGE ASSlSTANCE LOAN has.bQan DEN~ED pursuant to Ace 9~ of 1983. 35 P~S. 5Qction 1680~401-C at s@q. and/or Agency Gu1delines 12 PA Code Section 31.201 et seq. for the fo~1owing reason$: DItLETED IN LENDER' S CoPY You may be entitled eo an appea1 hearing if you disagree with our decision. We must receive a written requese for a hearing within 15 days of the postmark date of this 1etter. (Appea1 requests must be in vriting; a verbal req'\J.est. is not acceptable). The h@ari.ng may be conducted by a telephone conferQnce call; therefore, yo\,) must:. 1nclude your telephone number. Requests for hearings must 8ta~Q the reason(s) that ~ he~r~ng is requested &nd must b~ sene first c~ass. reciseered or cortified mail ~o: Chief Counsel. Hearing Request. PHFA/HEMAP. 2101 North Front St:.reet, P.O. Box lS628w Harrisburg. P.nnsy~vania. 17105-5628. The Agency will attempt to schQdule the hearing within thirty (30) days after ehe request is r.ceived. When IHiimding your _ a..RPlItil!_._p"lea,I!!!!.._b~.sur:e~_p...Fint:-__YQUr _~~"!... _],egj.~)..2_ _and inc1ude ~OU1:' social. securi~y number. You haVe a right to be represented by an attorney in connection with your app.~1. If you cannot afford an attorney you may be eligible for Legal. Services represencation. You can coneact a Lega.l Services repreSftneative throl,lgh the foJ.1owing toll free number: 1-800-732-3545. Please be aware that sehedulina an appea~ hearing does not neces~ar11y stay foreclosure proceedings~ DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Disclosure ~napp1icablQ. The Federal. Equ.a1. Credit Opportunity Act prohibits Qredit:.ors from di.scriminating aga.inst credit: .applicants on the bas:ls of race. color" religion" national. origin. seX. marital status" age (provided ehat the applicant has ehe capacity to @oter into a binding contract); because all. or part of the app1i.can~'& :income derives f.olJ1 any public ~ssistAnCe program; or because the app1ic~t has in good faieh exercised any right under the Consumer Credit Protection Act. The FQder~l Ag~cy that administers eomp'liance with thi.s J.aw concernin& this or_dieor :1$ tho Federa~ Trado!!' Commissi.on. Equal Credit Opportunity, Washington, D.C. The Pennsy1vania Housing F~nance Agency fji)[l:@!EOWIErnI UU OCT 3 0 ZUUl lQJ ~ 13y__ 1/ "r. i ~~I \'-' 'f:\ \ ., SCHEDULE "A" ALL THAT CERTAIN HOUSE AND LOT OF aROUND SI'l'UATE ON SOUTH WEST STREET IN THE 8OROUCE OF CARLISLE, COUNTY OF CCMBERLAND, AND STATE OF PENNSYLVANIA, BOUNDED AND DBSCRIBED AS FOLLOWS; ON THB EAST BY SOUTH WBST STRBBT; ON THE NORTH BY PROPERTY NOW OR FORMERLY OF J. MARION LoIRE; ON THE WBST BY AN ALLEY; AND ON THE SOUTH BY PROPERTY NOW OR FORMRRLY OF ELMER E. SBLLSRS. HAVING A FRONTAGE OF 39 FEET ON SAID SOUTH WEST STREET AND A DEPTH OF 150 FEET, HAVING '!'HEREON ERECTED A TWO AND ONE-HALF STORY BRICK DWELLING HOUSE AND OTHER IMPROVDlENTB IN THE RATE KNOWN AND NUMBERED 272 SOU'lll WEST STREET, CARLISLE. BEING THE SAME PROPERTY CONVEYED TO JOHN D. STONE, AS SOLE TENANT BY DEED FROM JOHN D. STONE AND CATHBIUNB A. STONE, HUSBMID AND WIFE, RBOORDED 02/04/1999 IN DEED BOOK 193 PAnE 988. TAX KEY NUMBBR: 04-21-0320-516 ORDER NO. 1542054 PREMISES BEING: 272 SOUTH WEST STREET VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure ace based upon information supplied by Plaintiff and ace true and correct to the best of its knowledge, information and belief. Furthennore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by coWlSeL The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to WlSWorn falsifications to authorities. 1~?54ff~ Francis S. Hallinan, Esquire Attorney for Plaintiff 51'1fdlf DATE: -p t - P 'Is. 7" U't ~~ ~ () ~ ~ t:1- o c :9 f'" ~ P'-> ~ ~ :1': -f ;L"" X-n -< n-l J-= J., ~3 ~ '~.:-:6 ~: (;~~ _'';' 0.-. (_.'}.....Tl .,;:. .-1 ~ t'.) ~~; -< 8 SHERIFF'S RETURN - REGULAR CASE NO: 2004-02010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS STONE JOHN D BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONE JOHN D the DEFENDANT , at 0821:00 HOURS, on the 13th day of May , 2004 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to JOHN STONE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 r'~~ R. Thomas Kline Sworn and Subscribed to before By: PH~ Depu ,ylteriff 05/13/2004 FEDERMAN & me this I S~ day of 'nA... ;200'1 A.D. Pl., ( L." a lnuh..., ~iJd. /7hothonotaryi '7- J PNC BJ\.NK, N.A. , Plaintiff VI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND' COUNTy, PENNSYLVANIA : CIVIL ACTION : NO. 2010 OF 2004 JOHN D. STONE, Defendant . . Defendant, lohn D. Stone, by his undersigned Counsel, preliminarily objects to plaintiff's complaint as fOllows: DEFENDANT'S PRELIMINARY OIIJECTIONS TO PLAINTIFF'S COMPLAINT I. The verification to the complaint is not made by the party filing the complaint. PRELIMINARY OBJECTION RAlSIN4(; FAlLVRE TO CONFORM TO PA. RULE OF COURT 2. The verification states as the reason for verification by a non-party that the plaintiff is outside the jUrisdiction of the court and or the verification could not be obtained within the time allOwed for filing of the pleading. 3. Plaintiff in this action is PNC Bank, N.A. The Court c:an take judicial notice that plaintiff has numerous branChes in Cumberland County. Therefore, the statement that plaintiff is outside the jUrisdiction of the court is false. 4. The complaint avers a cause of action in mortgage forec:losure. No statute of limitations, nor any other reason, requires that a complaint in mortgage foreclOSUre be filed within any specific timeframe. . Therefore, the statement that a party verification could not be obtained within the tim,~ allOwed for filing of the pleading is false. 5. Under Pa. R.C.P. 1028(aX2), a party may preliminarily object by way ofa motion to strike off a pleading because of lack of confOrmity to rule of court. 6. The verification violates the requirements ofPa. R.C.P. 1024( c); therefore, the complaint to which it is attached is defective and must be stricken. WHEREFORE, defendant respectfully requests that plaintiff complaint be stricken. Dated: lune 14,2004 ~~~~~~~ Sally 1. Win er, ttomey for Defendant 9974 MOlly Pitcher Highway Shippensburg, PA 17257 (") c s: -'OtT~ f1"1f"(: ~i~ U! _c. rt.:-: <- ~c> j;~ ~ ...., = = ~ '- c :z .r ~ ::r!::J') i~ :I! "T, - ::1J 00 :r::'fn o :::_~ :~~ -. I, "'1J :3: ':? c::> co PNC BANK, N.A. , Plaintiff VI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 2010 OF 2004 JOHN D. STONE, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, John D. Stone, by his undersigned counsel, preliminarily objects to plaintiff's complaint as follows: PRELIMINARY OBJECTION RAISING }rAILURE TO CONFORM TO PA, RULE OF COURT I. The verification to the complaint is not made by the party filing the complaint. 2. The verification states as the reason for verification by II non-party that the plaintiff is outside the jurisdiction of the court and or thie verification could not be obtained within the time allowed for filing of the pleading. 3. Plaintiff in this action is PNC Bank, N.A. The Court can take judicial notice that plaintiff has numerous branches in Cumberland County. Therefore, the statement that plaintiff is outside the jurisdiction of the court is false. 4. The complaint avers a cause of action in mortgage foreclosure. No statute of limitations, nor any other reason, requires that a complaint in mortgage foreclosure be filed within any specific timeframe. . Therefore, the statement that a party verification could not be obtained within the time allowed for filing of the pleading is false. 5. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by way of a motion to strike off a pleading because of lack of conformity to rule of court. 6. The verification violates the requirements ofPa. R.C.P. 1024( c); therefore, the complaint to which it is attached is defective and must be stricken. WHEREFORE, defendant respectfully requests that plaintiff complaint be stricken. Dated: June 14, 2004 c, ~ O. ~. (}:j~L ~ ttomey for Defendant 9974 Molly Pitcher Highway Shippensburg, PA 17257 o s= ,_.~ I)tr ~~}'i cr;) _..;: C^ !"~~. j; ~7r' 'j; <;) C Z -.. .-< ..... = = -""" <- c:: z .&:""' ~ ~:n ~.~ ~:B ...0 6rn :::-~ ~~5 :< i, -0 :3: w C> CO FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC BANK, N.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO. 2004-2010 v. CUMBERLAND COUNTY JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, PAl 70 13 Defendant(s) AMENDED CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other nghts Important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #; 88065 File #: 88065 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISE][) THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTII?F WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO Rl8:QUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU RJi:QUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEnT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON RJi:AL ESTATE. 1. Plaintiff is PNC BANK, N.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: JOHN D. STONE 272 SOUTH WEST STREET CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/29/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PNC MORTGAGE CORPORATION OF AMERICA, an OHIO CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1518, Page I. By Assignment of Mortgage recorded 9/2/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No.701, Page 691. 4. The premises subject to said mortgage is described as atllached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 88065 6. The following amounts are due on the mortgage: Principal Balance Interest 01/0 1/2002 through 05/03/2004 (Per Diem $15.05) Attorney's Fees Cumulative Late Charges 01/2911999 to 05103/2004 Cost of Suit and Title Search Subtotal $79,905.51 12,852.70 1.250.00 731.70 $ 550.00 $ 95,289.91 Escrow Credit Deficit Subtotal 0.00 7,535.51 $ 7,535.51 TOTAL $ 102,825.42 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. On March 20, 2002, Plaintiff mailed its combined letter pursuant to Act 6 of 1974 and Act 91 of 1983 to the Defendant. A true and correct copy of said letter is attached hereto as Exhibit A. 9. By letter dated October 25, 2002, Pennsylvania Housing Finance Agency denied the Defendant for Emergency Mortgage Assistance. A true and correct copy of said letter is attached hereto as Exhibit B. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. II. This action no longer comes under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. 35P.sec. 1680.40Ic(01){5). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant{s) in the sum of $ 102,825.42, together with interest from 05/0312004 at the rate of $15.05 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP By: IslFrancis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 88065 EXHIBIT A Washington Mutual P.D Box 1039 Northridge, CA 91328-1093 March 20, 2002 '0001219099' John D. Stone 272 S West St Carlisle, PA 17013-3878 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 infonnation about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see '[REMAP can helD VOU. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TIIE DATE OF TInS NOTICE. Take this Notice with vou when vou meet with the counseling: ae:encv. The name. address. and ohaRe number of Consumer Credit Counselinsz AlZencies servin2 your county are listed at the end of this Notice. Ifvou have any auestions.. vou may call the Pennsylvania Housine: Finance Aeency toll free at 1-800-342..2397 (oersons with imoaired hearinl! can call 717-780-1869). This Notice contains important legal information. Uyou 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. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa Si no comprende el contenido de esta notificiori obtenga una traduccion immediatamente lIamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos at numero mencionado arriba Puedes ser elegible para un prestamo por el programa Hamado <<Homeowners' Emergency Mortgage Assistance Program" at cual puede salvar su casa de la perdida del derecho a redirnir su hipoteca HOMEOwNER'S NAME(S) : PROPERTY ADDRESS: John D. Stone 272 South West Sire Carlisle, PAl 70 13 5 100106003 Washington Mutual LOAN ACCOUNT NUMBER: CURRENT You may be elieible for financial assistance which can save vour home from foreclosure and helD vou make future morteaee Davments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Acf'). You may be eligible for emergency mortgage assistance: if your default has been caused by circmnstances beyond your control, 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 IFinance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated conswner counseling agencies listed at the end of \his Notice. This meetine must occur within the next thirtv (30) davs. 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 YOUR MORTGAGE UP TO DATE. Page two 5100106003 CONSUMER CREDIT COUNSELING AGENClES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names. addresses and telenhone numbers of desil!1lated consumer counseling agencies for the countv in which vour Drooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face,to-face meeting. You should advise this lender innnediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in defanlt for the reasons set forth later in this Notice (see following pages for specific informatioti. about the nature of your default). If yon have tried and are unable to resolve this problem with the lender, yon have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, yon must fill out, sign and file a completed Homeowners' Emergency Assistance 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 yon in submitting a completed application to the Peunsylvania Housing Finance Agency . Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTII IN lHIS LETTER, FORECLOSURE MAY PRIXEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WilL BE DENIED. 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 you application. During that additional time, no foreclosure proceedings will be Pl"sued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECfED BY THE FILING OF A PEnnON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATrEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergeucy Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULTlBring it UD to date\. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender ou yonrproperty located at 272 South West Sire Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now-past due: (a) 3 Paymeuts@$901.99 (b) Late charge(s) : (c)Othercharge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 03/19/2002: $2,705.97 $81.30 $7.60 $.00 $2,794.87 B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTION (if applicable) : HOW TO CURE TIlE DEF AUL T - You may cure this defanlt within TIlIRTY (30) days from the date of this letter BY PAYING TIlE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2.794.87. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING TIlE TIlIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mntual at COLLECOON SUPPORT MAIL STOP N01020l, 9451 CORBIN AVENUE, NORTIIRlDGE, CA91324. Page three 5100106003 IF YOU DO NOT CURE TIlE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its riebt to accelerate the morteaee debt. 1bis means that the entire outstanding balance of this debt will be considered due itmnediately, and you may lose the chance to pay the mortgage in :lOOnthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose UDon vour morte32ed DrODertv IF TIlE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. Hom,ver, iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even iflhey are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. Ifvou cure the default within the THIRTY (30)DA Y neriod. vou will not be reauired to Dav attornevs' fees. OTIlER 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 TIlE 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 charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other co"ts connected with the Sheriff's Sale as specified in writing by the lender and by perfurming any other requirements 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 nevelr defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DA TE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) 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 s,ale. Of course, the amount needed to cure the default will increase the louger 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: Address: Washington Mutual COLLECTION SUPPORT MAIL STOP NOI0201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 80(}.282-4840 Telephone Number: EFFEcr OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ovmership 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 furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs an, paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to payoff 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 ifno default had occurred. (Howe:ver, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage docwnents. To assert any other defense you believe you may have to such action by the lender. To seek protection Wlder the federal bankruptcy law. Page four 5100106003 Washington Mutual is attempting to collect a debt, and any inforrmation obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writinl!: at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that pwpose. EXHIBIT B lZ-DZ-OZ 03:88.. F,....-WASHINGTON MUTUAL BANK r"lllUtJ'. V aAlla Housing Finance Agency +94143585SU T-ID4 P,OOl/001 Homeowners' Mortgage Assistance "''::1Q~q.,jo::r=,~=-'(''::J ~~: 2101 North Front Str.ez~ P_O. Box 15206 Harrilburg. roll 17]05-5206 COrreSIJOFl'.tlcnu: ZLOl North Front Street, P.o. LJ()J& 15.530 Harrisburg#PA1710S-550 (7]?)780-3940 ]-800-342,2397 FAX(717)780-39 777(717)780-18 WASHINGTON MUTUAL COLLECTION SUPPORT. N010201 9451 CORBIN AVE NORTHAIDGE. CA. 91324 r SUBJE. CT. '.~"''' "".'" STONE << S WEST ST CARLISLE. PA. 17013 J~ Loan #; 5100106003 ~ SS#, 153-42-7285 Your a.pp1.icati.on tor .s. HOMEO\JltlB!t*S-.EMERGENCY MORTCAGE ASSISTANCE LOAN bas.bgan DEN'IEl> pursuant- to Ace 9~ of 1983. 35 P.S. Section 1680.l.01-C et seq. and/or AgQncy Gui.delines 12 PA Code Section 31.201 at seq. fClr the fo11owing reasons: DELETED :IN LENDER' S cop,r You may be entitled to .an appeal hearing if you disaglree with our deeision. We must receive a written request for a hearing within 15 da,'s of the postmark date of this 1@tter. (Appeal requests must he in writing; . verba1 request is not iLcceptab1e). The hearing may b6' conducted by it. telephone confer~tnce ca.l1.; theret'ore-, you muse ~nclude your te1ephone number. Requests for hearings must seato the reason(s) that ~ he...ri.ng :Ls requested and must be sene first c1ass,. rugistered or certified mail to: Chief Counse1 Hearing Request,. PHE'A/HEMAP, 2101 }Jorth Front S'Creet,. P.O. Box 15628, Harrisburg, Pennsy~vania. 17105-5628. The Agency will attempt to sChedUle the heari.ng withfu thirty (30) days after the request i~i r.c@-ived. When sending your _a.l1P'til1..,_p"lQ8::~!t__be .sur.e to .PSin~__your_~~__~_:l~_1_y._~,d incJ..ude your soci~1 security number. .- . - . You have a right co be represented by an a~torney in connection with your appeal.. If you cannot ~fford an attorney you may be eligib~e for Lega1 Services represencation. You can contact a. Legal Services representative tht"ough the _following eol1 fr..e number: 1-800-732-3545. PJ..~asQ be awa.re that sched'U:Li.ng an appoal heari.ng does not necessarily stay rorec1osure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINEO FROM OUTSIDE SOURCE, 1. Disc20sure 1napp1icablQ. The Federal Equa1. Credit Opportunity Act prohibits credicors from di.scrimitl&tinS aga.i.nst eredit; app1icants on the basis of race, c:olor. r91::1.gion.. national oricin, SeX, mar~tal status, age (provided that the applicant has the capacity to enter into a binding contract);- because a.ll or part of the app1::1.cant' s income deri VGS from. any public assistance program; or because the applicant l~s in good faith exercised any ;ri.ght under the Consumer Credit Protection AQt. The ltrederal Ag~cy that administers compliance wi.th this 1a.w concerning this creditor is the Fed@ral Trad~ CO:mmis5ion~ Equal Credit Opportunity, Washington~ D.C. The Pennsy1vania Housing Fi.nance Agency D~@~DI!1[E1nI ~ OCT 3 0 ZUUl l.!!J Cw't l3y 1\[1 , f.. i-j \,)(. \ " SCHEDULE "A" ALL 'nIAT CBRTAm HOUSE AND LOT OP GROUND SI'l'UATB otlf BOom WEST STREET m mE BOROUGH OP CARLISLE, COUNTY OP COMBEll!LAND, .AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOI.LOWS: ON THE BAST BY SOUTH WEST STREET; ON 'l'BB NORTH BY I'ROPBRTY NOW OR FORMERLY OF J. MARION LINE; ON 'l1IB WBST BY AN ALLml'; .AND ON TBB SOOTH BY PROPBRTY NOW OR PORMBRLY OF BLMBR B. SBLLE:RS. HAVING A FRONTAGE OF 39 FBBT ON SAID SOUTH WEST STREET AND I. DEPTH OF 150 FEET, HAVING mERBON BRECTmJ A TWO AND ONE-HALF STORY BRICK DWELLING HOUSB .AND OTHBR. DlPROVDlBNTS IN THE RArE 1l1lOWN AND NUMBERED 272 SOUTH WEST STREET, CARLISLE. BEnKJ TUB SAME PROPERTY COHVEYBD TO JOHN D. STOHR, .AS SOLB TENANT BY DBIID PROM. .JOHN D. STONE AND CATHBRINB A. STONE, HUSBAND AND WIPE, RBCORDBD 02/04/1999 IN DEED BOOK 193 PAGE 98EI. TAX KEY NUMBER: 04-21-0320-516 ORDER NO. 1542054 PREMISES BEING: 272 SOUTH WEST STREET VERIFICATION .John G M~ri ,.~hereby states that6dshe is emploYld as a Asst. Vice President at Washington Mutual Home Loans, Inc. (hereinafter "W AMU"). W AMU is the mortgage seIVicing agent for the Plaintiff, PNC Bank, N.A, The undersigned is authorized to make this verification, and tbe statements made in the Amended Complaint in Mortgage Foreclosure are correct to the best of my knowledge, infonnation, and belief. Furthennore, although PNC Bank, N.A. is the legal owner oCthe mortgage, it does not have such records of the mortgage account underlying this action necessary to verify the complaint. W AMU has records which are kept in the regular course of business regarding all sums received and disbursed on the mortgage loan. The undersigned has these records in possession and is the custodian of these records. The undersigned understands that this statement is made subject te, the penalties of 18 Pa.C.S. June 22, 2004 Date Signature: ~4904 relating to unsworn falsification to authorities. Name: Marita Title: Asst Vi.ce President Employer: Washimrtc'n Mutual Home Loans. Inc. Stone. John D. - Acct. No. ~HOO106003 r:" >:2 (~\ """ C.:-' C'_ ..c- o --n ::;J :, ,-; t~: I r-..) ,("1 j,::.J -";j r.\:/ (,) c ,n " FEDER'fA:, ;",J) PHELAN, LLP By: FRANI-.: FEDEltMAN Idcntific:ltio!l No. ]2248 Attorney for l'lainliff ONE PENN CENTER .\'1' SUBURBAN STATION 1617 ,IOHN I-'. K~:N;\EllY BLVD., SUITE 1400 l'HIL.,\DEI.I'IIIA.PA 19103-1814 (215) 56],71l1lJ! PNC 3Al'';/(' '\.A. 11200 WEST PARKLAND A VENUE MILWAUh:I-:lc, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff; CIVIL DIVISION v. NO. 2004-2010 CIVIL JOIlN D. STONE Defcndant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTAR Y: Kindly enter an in rem judgment in favor ofthe Plaintiff and against JOHN D. STONE, Defcndanl(s) (or failure to ille an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosl:re and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set (orth in Complaint Intcl'cst from 5/3/04 to 9/3/04 TOT1\ L $102,825.42 $1,866.20 $104,691.62 I hereby ccrti fy that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 3-A1J.1J\ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ::::A;'~~' ~~U~BY ASSESSED AS IND1C(d~ K/~ PRO PROTHY U "~ J ( r--.... j...,-) '.:.1 c:......:< -L,-. !~-7 ":'j FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S, HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71') '(,1-7000 ATTORNEY FOR PLAINTIFF PNC BANK, N.A. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JOHN D, STONE Defendants : NO. 04--2010 CIVIL TERM TO: JOHN D. STONE 1101 CLAREMONT ROAD CARLISLE, P A 17013 fH y;:- ~"'Y .,..<1_ "., I. DATE OF NOTICE: AUGUST 13, 21\04 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIllS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 lHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD SlREET CARLISLE, P A 17013 (800)99Q-9108 ~~ F~FEDERMAN,ESQU]RE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff cc: Sally J. Winder, Esquire FEDERIVlA:\' and PHELAN, LLJ) By: FHA,"K FEDERMAN Identificatioll No. 12248 ONE PENN CENTER A T SUBURBAN STATION 1617 JOlIN F. KE!\'NEDY l\LVD., SUlTE 1400 PHIL,\DEL1'llIA,1'1\ 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF I'NC BANK, :'i.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN D. STONE NO. 2004-2010 CIVIL Defelld~lIt(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above,captioncd matter. and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () nOll,owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsitication to authorities, J~ ~A'l FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FED:m.MA'" and PIIELAi'i, LLP By: FRANK FEDERMAN Idclltifica:ioll No. 12248 ONE PE1\!, CE1\'TER AT $,lllURDAN STATION 1617.1011:\ F. KEN:\EDY ELVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC BANK, I\".A. 11200 WEST I' ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2004-2010 CIVIL JOliN D. STO"iE IJcfcndant(s). VF:RIFICA TION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the abovc-e,lptioncu matter, ,1I1d that on infonnation and belief, he has knowledge of the following facts, to wit: (a) that the liefcndant(s) is/are not in the Military or Naval Service of the United States or its Allies, or othcrwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amcnded. (b) that defcndant JOHN D. STONE is over 18 years of age and resides at, CUMBERLAND COUNTY PRlSON, 1101 CLAREMONT ROAD, CARLISLE, PA 17013. This statcment is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .3 ~ ~l.u.r.-, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THA T CERTAt\ I".""" ""..11,,1,,[ gwunJ ,j"'"t~ on South We',[ Street in Ihe Borough of Carli. dc, CoullIy of Cutnbcrbr:d. ,,"d SUk "r Peal..,,,',,''',,;a, hounded ;met (kseribed as follows: ON the East fry 80mh \\"'." SI[(','I: 011 ,he Norlll by pWPCll)' aow or limncrl)' of J. Marion Line: On the WeSI by ,{fi arky: :end Oil li'l' S',,)lh by propcny !lOW or formerly of Elmer E. Sellers. Having a l"rontagt: of 39 fee! 01, ""..J SO'Jlh \Vc,.: Sll''''! "lie! a ,Icplb of 150 feel', having tl1ereolt erected a two and one-Ilalf Story brick ,1\""'11 ilOi< Muse "ad otlla impro...~mcH(~ i" the wle knOWIl and numbered 212 South WeM Stl'eet. Ca:\i~k. TITLE TO SAID I'l.if,!<II'iEs'.rS Ii/SIT/) IN J,)/n1 D, Stone by Deod l'mm Jolm D. Stone and Catherine A. SIUIle, i,;., '.1,:10: dilled ]!2')lj999 and recorded 2/4/1999 ifl Rcc.ml Dook 193. Page 988. PROPERTY ADDRESS: 272 SOUTH WEST STREET, CARLISLE, PA 17013 TAXPARCEL: #04,21,0320,516 (Rule of Civil Procedurc No. 236) - Revised IN THE COURT OF C'JMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, :"i.A. 11200 WEST PARKLAND i'.VENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2004-2010 CIVIL JOHN D. STONE llefclld"'lt(S). "';:U.fJ. N.Qticc is given (hilt a Judgment in the above-captioned matter has been entered against you on 1 200 ~ ByJ: .. ~,4~~11~ DEPUTY I 0 If you have ,\I1Y questions coneeming this matter, please contact: FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563,7000 "THIS FIRM is !I DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED i'OR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AI\D THIS /lEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUI,D TO EE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." \\ ~ \ ~~ ~ r~ ;..", ~ --.. --.jJ;::' ("'"-i ~\ .t (..'ct _. 4) ~ .......,---. ' U\~ - ~ ~~ r--..... ~, CJ'\ . C1" c.() ~ (-~ """ ce';> :-) , C;m.' "':"h ..L.<- rf) :-::! ! i :1 . ;,-~ , -:-:1 CJ 'J ,. 11 -- < , , r~_ G ,'~ "'. Z WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK N A PIaintiff(s) From JOHN D STONE, 1101 CLAREMONT ROAD, CUMBERLAND CO PRISON, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 272 S WEST STREET, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notifY the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $104,691.62 L.L. $.50 Interest 9/3/04 TO 12/8/04 @ $17.21 per diem = $7.951.64 Atty's Comm % Atty Paid $113.45 Plaintiff Paid Date: SEPTEMBER 8, 2004 Due Prothy $1.00 Other Costs (Seal) ~r:J7:~ LONG, ( . .~~. By: \ ~ f:J i~ Deputy REQUESTING PARTY: Narne FRANK FEDERMAN ESQillRE Address: ONE PENN CENTER@SUBURBAN STATION 1716 JFK BLVD, STE 1400, PIDLADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 12248 Request for Military Status Page I ofl Department of Defense Manpower Data Center .. Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status SEP-03-2004 07: I I: 18 I Service/Agency STONE JOHN Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status ofthe Defendant(s), per the Information provided, as to all branches ofthe Military. ~w~U-~ Robert 1. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. Uyou have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed resnlts page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https://www.dmdc.osd.mil/udpdri/owalsscra.prc_Select 9/3/2004 ,-) c: ~~ 0:::;" c) -n '/J c:: c-- j...... PRAECIPI~ FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3l83 PNC BA1'\K, "\.A. Plaintiff, v. No. 2004-2010 CIVIL JOHN D. STONE Dercn<lant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ 01" execulion in the above matter: Amount Duc $104,691.62 Interest I"rom 9/3/04 to CECEMBER 8, 2004 (per diem ,$ 17.21) $7,951.64 and Costs TOTAL $112,642.64 ..1JU..,J<, .~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorncy 1"01' Plaintiff Note: Please atl'lch description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It~lay Eot be sold in the absence of a representative of the plainlciff at the Sheriff's :;ale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, z '" ~ 0 - rZ! 0 %: Z Ql VJ <: 0 ~ > ... ~ .J f-< ~ ~ ~ ;>. ;:, f-< ... U 0 "- VJ Z "Ci %: w ~ ~ ~ .., (!) 7: %: ~ ~ :.,9 0 f-< .... ~ 0 ~ c.' W - Q ..... U Z r-.. ... , "\ % " :~ "E '" --: ..... I.-. 0 QO< - %: 0 0 u . 'c;a (!) I"": ~ f-< OJ i~ z~~ ,J:J 0 f-< :2' VJ f-< '- ~~:1 id' u ~ -; ..... 0 %: c:i Q:; '. -v<B s ~ ..... .~ ;:) < > OJ 0 0 ~ % ,.. o. >> W..:irZ! ~ " ~ (!) =u'" (!) ,.... u u ;I: c.; o. ~ S ~ ~ 0 2: 0 0 .,... ~-t 0 ~....~ Q, ..., I.-. 0 ' - ~Q :.:J 7: "- - ~ - ,-...0:; u:::u 0 <<' r...; ~ u .,~ "- ~ ~ ... ~~; :::: u en ~ en - r...; (!) .~ :::: ~ "0 .a - - ~ ., --: c.; r.;:: "0 '. :::0 ~ .0:; u C'-:.' c:; f'\; "To) ~~;; ~::.- , , "71 v) f(~~_::_. r-" ~-(il~!.1 LEGAL DESCRIPTlON ALL THA T CERTAfN 1".""., Iwd 1,,1 (If gr"und silmle on South Wcst Street in fhe Borough of Carlisle, CQUnty of C~mhcrl"nd. :",<1 Stale of PClm,ylv;Jni:l, hounded and described as follows' ON lhe East hy Somll Weil Slru:l: on !he North by prupCl1y now or lormcrly of J, fl.farion Line; On the West by ;m alley: ond on (he South by propCI1Y DOW or formerly of Elmer E. Seller.;. Having a fronl.3ge of 39 fect On "lid Soulh \Vi":, SIIC~1 and fl tlepth of 150 feee, having thereOI\ erecled a two and one~lIalfstQry brick dwelli,,2. hOllse 3nJ other inlprovem<;l\t! In (he rale known and numbered 272 SQuib We!ll: Street, Carlisk TITLE TO 81\11) l'RU\l[S,ES.JS VeSTED IN John p. Sl()n~ by f)"ed from 10\m D. Stone and Cathcrioe A, Slone. iii, wile da.kd Ji2')!1999 and recorded 214/1999 in Rccwd Dook 19>. Page 98&. PROPERTY ADDRESS: 272 SOUTH WEST STREET, CARLISLE, PA 17013 TAXPARCEL: #04,21,0320,516 r--~i_ rC i- I~ I ,~: { <-- , . I I i , , I -. , C? ~ ~ V'" <> L"-l q ()'. 0.1 ! V\ c;- ;TJ r- ~ cr >L- -;C. -, (/........... (if! '. C., -1'1 (0 :~J In ,. ,') I'.,) ._.1 PNC BANK, N.A. CUMBERLAND COUNTY Plain1 iff, v. COURT OF COMMON PLEAS JOHN D. STONE CIVIL DIVISION Ddendallt(s). NO. 2004-2010 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PNC BANK. N.A., PlaintilTin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date thc Praecipe for the Writ ofExeeution was filed the following information concerning the real property located at 272 SOUTH WEST STREET, CARLISLE, PA 17013. 1. Name and address 0 f O\\ner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN D. STO]';E CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 2. Name and address ofOcicndant(s) in the judgment: Same as above 3. Name and last known adeli'ess of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and addrcss of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be alTeetcd by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 272 SOUTH WEST STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of \Vclfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this aflidavit are true and correct to the best of my personal knowledge or inlonnation ,\nd belief. I understand that false statements herein are made subject to the penalties orIS Pa. C.S. See 4904 relating to unsworn falsification to authorities. September 3. 2004 DATE 3J~ ')vk~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (/) C,., L..:. :''-.) r'.:l ';;:'.,:) Cj -n .:.:;.--:1 i ij .'J~i r-- -n~ PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. No. 2004-2010 CIVIL JOHN D. STONE Defend" nt(s). September 3, 2004 TO: JOlIN D. STONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 **TIIIS Pllllvl IS A DE/iT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IVIJ.L B1: US!;D FOR THAT PURPOSE IF YOU H/I VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY ANIJ TI!lS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLU:CT A /)F:BT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." YOlll' house (real estate) at 272 SOUTH WEST STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South llanover Street, Carlisle, P A 17013, to enforce the court judgment of $104,C,9U,2 obtained by PNC BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY 13l~ ABLI~ TO PREVENT THIS SHERTH'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The salc will be cancelled if you pay to the mortgagee the back payments, late charges, costs ane! rc"s(mable attorney's fees due. To find out how much you must pay, you may ell!: (215) 5'13-7000. 2. You \1\ay be "ble to stop the sale by tiling a petition asking the Court to strike or open the judgment, it. the judgnlcnt was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may als:) be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TilE SHERIFF'S SALE DOES TAKE PLACE. 1. ] f the Sheri ITs Sa Ie is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The s,de will go through only if the buycr pays the Sheriff the full amount due in the sale. To find out ifthis has h,lppened, you may call (717) 240,6390. 4. ] f the ,mlount 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 tile right to remain in the property until the full amount due is paid to the Sheriff and the Sheri IT gi ves a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. YllU may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house wi!1 be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may "L;o h<lve other rights and defenses, or ways of getting your home back, if you act immediately clfter the selic. YOU SHOLL\) TJd\.E TillS PAPER TOYOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C\!\NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FI"iD OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOT:CE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of B. representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CC'lBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCR1PTION ALL THAT CERT Af>: I,,,,,,,,, and 1.,1 ,,>[ groanJ ~il\l:.ct~ on SouIIl Wesl Slreet in tne Borough of Carlisle, CQunty of Cumbel'lai:d, ,'1\1 S\ak n:' Pellll''''1va,,,,,, hounded :md descrihed as follows: ON the Ea'l hy Soutll We',l ~ln'''I', 0" the 0lonh b;! pW;JClly "OW <1/ fN<l1crly of J, Mal:ion Line: On the WeSt by <In ~,\1ey: "r;,l ,)0 the $,-,,;\:: by propcny now or [ormcrly of Elmer E. Sellel"S. Having a fromag\:l or 39 re"r ,",I, >:liJ SO\Jll, \V.',i S<I"c.t ami II depth of 150 feet, having thereon erected a lwQ and one-half SLt:Jry brkk d"l..;:I\il~g };,"IUSc; :i~nll.it1ttr itnprovemcn::4 ill th.; n\lt: known and numbered 272 South We!\! Street, C;"lisk. TITLE TO SAIl) 1'i{lc"1l \TSTFllIN John D. SIO:I~ by Decd ftXltli Jollll D. Ston<llllld Catherine A, Slune. 'II', '.,ile {idr..-J li2')lj'),)') alld recorded 2/4/'1999 ill RcC<Jl(ll3ook 193, Page 988. PROPERTY ADDRE~:S: 272 SOUTH WEST STREET, CARLISLE, PA 17013 TAXPARCEL: #04,2\,0320,51(, r"v "0 ,;.) ~ -, ) c) -[1 .,.j " i"j'i , Co,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PNC BANK, N.A. ) CIVIL ACTION ) vs. JOHN D. STONE ) CIVIL DIVISION ) NO. 2004-2010 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for PNC BANK. N.A. hereby verify that on 9/15/04 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22.2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " ~~ I i r" g ., ... " - .... .... .... .... .... - I ;:! ;:.Z VI ~ VJ N .... 0 \D 00 --.) 0\ VI .j:>. 'J; tv - ~I ~.~ ! 0, ."" ~! 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'" ~ '" := ~ Q. ""CI>-'O'TI ::r~::JtT1 i'l-....)(lltJ ~ g: go ~tTJ ::r 0 ::l p;' 'TI 0 -""CI~st~ >- g ~ >-'::l P> ~(ll"'" >-,o..[/']""CI 8'< C ::r: , t;jg"tTJ ;;9~~ ~~-g ~ "":lP>[/']- ~a81' "'. ::::-. l' ~5.g""CI ...,(i) ., ~ :J;: ~ 0 ~ 0 ""'" o .:; , ~ '1') \.:",' c( ~'! ~.', I o!";; (- (") c -" .. r-..) = c.:::> .s:- % o ....-.::: N \.0 Si4 .-1 :t:.... rrlf::' --J rn :~}9 1.:-)0 ~~ ";:,, ~ ,; ::iT: (J1 PNC Bank VS John D. Stone In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2010 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 16, 2004 at 9:35 o'clock AM, she served a true copy of the within R Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: John D. Stone, by making known unto Jennifer L. Williams, adult roommate of John D. Stone, at 272 S. West Street, Carlisle, Cumberlan County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2004 at 2:59 o'clock P.M., she posted a true copy of the within Rea Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John D. Stone located at 272 South West Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: John D. Stone, by regular mail to his last known address of 272 Sout West Street, Carlisle, P A 17013. This letter was mailed under the date of October 07, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this it is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 10.88 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 7.40 Levy 15.00 Surcharge 20.00 Law Journal Patriot News Share of Bills Postpone Sale 195.65 194.05 30.42 20.00 $554.90 Sworn and subscribed to before me This~ day of ~ 2005, ADi:,~;~;4~ S~~p~ R. Thomas Kline, Sheriff J~~ , ,. f l'NC BANK "".A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON ]>LEA v. .JOlIN D. STONE CIVIL DIVISION Ilcfendant(s). NO. 2004-2010 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PNC BANK N.A., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, E QUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following informat on concerning the rea! property located at 272 SOUTH WEST STREET CARLISLE PA 013. 1. Namc and address ofOwncr(s) or reputed Owner(s): Name Last Known Address (if address cannot b reasonably ascertained, please indicate) JOHN D. STONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 2. Name and address of Dcfendant(s) in the judgment: Samc as above 3. Name and last known address of every judgment creditor whose judgment is a record I en on the real property to be sold: Name Last Known Address (if address eannot e reasonably ascertained, please indicate) None r \ f ... 4. Namc and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Namc Last Known Address (if address cannot b reasonably ascertained, please indicate) None 6. Name and address of every other pcrson who has any record interest in the property and hose interest may be affected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7. Namc and address of every other person of whom the plaintiff has knowledge who has y interest in the property whieh may be affected by the sale: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) Tenant/Occnpant 272 SOUTH WEST STREET CARLISLE, PA 17013 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of 'Velfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this aflidavit are true and correct to the best ofm personal knowledgc or information ,md belicf. I understand that false statements herein are made su ject to the penalties ofl8 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. September 3,_2004 DATE 3Jl41l~ 'J.v11/""~"1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .. << , l'Ne BANK, 'C\. CUMBERLAND COUNTY Plaintiff, v. No. 2004-2010 CIVIL JOHN D. STONE Dcfendant(s). September 3, 2004 TO: JOHN D. STONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH. GE IN BANKRUPTCY AND THIS DEBt WAS NOT REAFFIRMED, nJ/s IS NOT AND SHOULD NOT BE CONS 'RUED TO BE AN A TTEMPT TO COLLECTA OEET, BUT ONLY ENFORCEMENt OF A LIEN AGAINST PROPERTY.' Your house (real estate) at 272 SOUTH WEST STREET CARLISLE PA 170 IS scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the C berland County Courthouse, South flanover Street, Carlisle, P A 17013, to enforce the courtjudgm nt of $104,691.62 obtained by ])NC BANK. N.A. (the mortgagee) against you, In the event th sale is continued, an announcement will be made at said sale in compliance with Pa,R.C.P., Rule 1293. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, te charges, costs and rcasonable attorney's fees clue. To find out how much you must ay, you may call: (2]5) 563-7000. 2. You may be ab Ie to stop the sale by filing a petition asking the Court to st . e or open the judgment, if the judgment was improperly entered. You may also ask the oUrt 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 m re chance you will have otstopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER RIGHTS EVJeN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheri ITs Sale is not stopped, your property will be sold to the highest bid r. You may fInd out the price bid by caliing (215) 563,7000. 2. You may be able to petition the Court to set aside the sale if the bid price was ssly 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 i the sale. To find out if this has happened, you may call (717) 240,6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the wner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to he Sheriff and the Sheri 1'1' gives a deed to the bu yer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the moncy which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of he sale. This schedule will state who will be receiving that money. The money will be paid out in acco dance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith the Sheriff within ten (10) days after the distribution is filed. 7. You Illay also have other rights and defenses, or ways of getting your home bac , if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUD A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOT HAVE E LISTED IMPORTANT NOTiCE: This property is sold at the direction of the plaintiff. It ma in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m postponed or stayed in the event that a representative of the plaintiff is not prese not be sold st be at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ,.. LEGA~ DESCRIPTION ALL Tll" T CERTA!\ I""h\: ~m.lli)t ,d ground ,1Iuedc on Soulh WC:,l Steed in (he Borough of CarlL. Ie, COUnt). OfCumht'rlal~d, ;ind Stale of Pennsylv:ml:l, hounded and described as fonow~: ON the East hy South 11',"1 Slreel; nJl the >JQnh by PWpcrly now or form~rJy of J. Marion Line: On !be West by '<n alley: ccnd ,)n the: South by peopcny 110W or ronnerl:' of Elmer E. Sellers. Having a frontlge o[ 39 fret tli\ :;;. iJ SO:Jlil 'IV",,, Slr,y'[ amI :1 ,I('plh of 150 fecl, having thereon ereeled a two and one-ltalfS(ury blick d",,';'l1il:,Sb,Jlbe .:<Ii! I.Itltr::c inljJl'l)'.clll(~iI:S ill 010:;: r~ut: known and numbered 272 South West Street. C~r1isk, TITLE TO SAID PRI;!\I);:;ES,JS VESTEIl IN Jniln D, SlOne by Deed [rom Jollll D. Stone and Catherine A. Slone. hj,; '.vile oakd 1/2'J/l'199 and recorded 214/1999 in Recwd Dook 193. Page 988. PROPERTY ADDRESS: 272 SOUTH WEST STREET, CARLISLE, PA 17013 TAXPARCEL: #04,21,0320,51G WRIT OF EXECUTION and/or ATTACHMENT / . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK N A Plaintiff(s) From JOHN D STONE, 1101 CLAREMONT ROAD, CUMBERLAND CO PRISON, CARLISL P A 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 272 S WEST STREET, CARLISLE PA 17013 (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defend t (s) or otherwise disposing thereof; (3) Ifproperty ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $104,691.62 L.L. $.50 Interest 9/3/04 TO 12/8/04 @ $17.21 per diem = $7.951.64 Atty's Comm % Atty Paid $113.45 Plaintiff Paid Date: SEPTEMBER 8, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) ....., By: REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: ONE PENN CENTER@ SUBURBAN STATION 1716 JFK BLVD, STE 1400, PHILADELPHIA PA 19103 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court lD No. 12248 t,_ " Real Estate Sale #55 On September 09, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 272 South West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 09, 2004 By:" I {' t'ivvSrvU:J:J, Real Estatg Deputy ~ ~ c::;:::3 @ tr\@ ~,l '3 I -. \ ('J;, i:' ~) \ ,1'. ~, ''',' ,~\j i; A> . ~.F(\; . ~'.; .J , "REAL ESTATE sALE No. 55 ,:'WI'ft"No.2004-2010" " , 'CMITenn ,'. ' ".. PNC Bank" Va , John D. StOrie Ally: Frank F8derman " :. D~R1~N;'" i AIL TIIAT CERTAlNlwuse and 101 of ground , situaleon S01IllrWeSt sireet in ihe Borough of : C.rli,le, County of Cmnberland., and State of 'I Pennsylvania, bounded and~:as follows: , Ol! me East by SoIiIb West Street; \mthe No<1h , by property m Of. fonnerly of ~ Madun tine; . a1iand SOflIh t>r i West Street, CarIis : 10 SAID jll,mi".. is vesiOO In 10 i ~ 1iY Deed from John l), Sroneand A Slone, hinife. dated lI29/-1999 and recorded I 2/411999 in Recoril BOok193, Page 988.' I PROPERTY ADDRFSS: 272 SoolliWest Street II CarlisIe,PA 17013. ' : TAX PARCEL i/04-21-ll320-516. I I -- REAL ESTATE SALE NO. 55 Writ No. 2004-2010 Civil PNC Bank vs. John D. Stone Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on South West Street in the Borough of Carlisle, County of Cumberland. and State of Pennsylvania, bounded and de- scribed as follows: ON the East by South West Street: on the North by property now or formerly of J. Marion Line; On the West by an alley: and on the South by property now or formerly of Elmer E. Sellers. Having a frontage of 39 feet on said South West Street and a depth of 150 feet, having thereon erected a two and one-half story brick dwelling house and other improvements in the rate known and numbered 272 South West Street, Carlisle. TlTLE TO SAID PREMISES IS VESTED IN John D. Stone by Deed from John D. Stone and Catherine A. Stone. his wife dated 1/29/1999 and recorded 2/4/1999 in Record Book 193, Page 988. PROPERTY ADDRESS: 272 South West Street, Carlisle, PA 17013. TAX PARCEL: #04-21-0320-516. . , \ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the la s of the Commonwealth ofPelUlsylvania, with its principal office and place of business at 812 to 818 Market Stre the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, i City, County and State aforesaid; that The Patriot, News and The Sunday Patriot-News were established Mar 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pub ished in their regular daily and/or Sunday! Metro editions which appeared on the 19th and 26th day(s) of October d the 2nd day(s) of November 2004. That neither he nor said Company is interested in the subject matter of said p inted notice or advertising, and that all of the allegations of this statement as to the time, place and character of pu lication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ve y this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously p sed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul recorded in the office for the Recording of Deeds in nd for said County of Dauphin in Miscellaneous Book 'M", Volume 14, Page 317. , in d The the 4th, COpy SA L E #55 NOTARIAL stAL Terry L Russell, Notary Cily of Harrisburg. Dauphin County My Commission Expires Jun Member, Ptnnsylvanla Assoclation 01 Notaries PUBLICATION REAL ESTATE SALE No. 55 Writ No. 2004-2010 CMITerm PNC Bank Va John D. Slone Ally: Frank Federman DESCRIPTION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 AlL TIlAT CElITAlN house and lot of ground situate on South West Street in the Borough of Stat m nt of Ad e t C t Carlisle. CoWlty of CumberJand, and S~re of e e v rising os s Pennsylvania. bounded and described as foll~: ON die East hy Soulb West S_: 011 the Notth To THE PATRIOT-NEWS CO. by property now or formerly of l. Marion Line; on !be West hy an alley: and on 'the Soulh by For publishing the notice or publication attached 1OlfiIIY.... or ron.erly of IIImer E. -.. hereto on the above stated dates 194.05 iIaIiIa . "- of J9 feel eo Uid SouIh - _ lid . dqlol1 It tSO feet. bIoioz ~ ~.:,i:e,IIlllimp.~:Z:S~'~ Publisher's Receipt for Advertising Cost 1lIdnumbered272 SoulbWest Street.C.r1isle. Iisher of The Patriot,News and The Sunday Patriot.News, newspapers of gene ~ ~~. ~~m~~ 'ledge receipt of the aforesaid notice and publication costs and certifies that the ame have . Y Vt::t:Il amy paid. By................................................................... t ... (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PNC BANK, N.A. Plaintiff, v. No. 2004-2010 CIVIL JOHN D. STONE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $104,691.62 Interest from 9/3/04 to SEPTEMBER 7, 2005 (per diem -$17.21) $6,350.49 and Costs TOTAL $111,042.11 ~~JJ~~ DANIEL G. SCHMIEG, ESQU E One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORT ANT NOTICE: This property is sold at the direction ofthe plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. -< ....,... O~ ~~ ~~ ~Z Zz O\>l ~~ 0... UZ ~s u ~~ ;J~ 8~ ':;S\>l ~~ Z;J ""u ~ Z '" ~ ~ u ~ ~ ~ ~ ~ o ,.., ~ ,... ... ;J U \>l'O>' 'I< ... \>l'a .....s o ~ ... ... ';~ ~~ ~~ :1 e:: u ~ ~ ~ ~ ~ ~ ~ ..:l U ,... o ,... ,... i o ifJ '; ~ ~ ... Z ;J o u ~ ~~ ~s \>l~ ~-< ;J ~. u~ .. rn ~~ ~u .,j 0) ~ '" 0) ~ ~ s '" \l) g- o. I ~ \0 ~ A -+ . c r ..... N c:> ~ _-: - rY) ~ .. - - r<) -- - - N) - - ~r:d- IJ"- \ ~;.'1. ~ ':j - Cl ~ ~ t_ - ~ , ::: , d =:t - <l - - "'~- c..J \ I \ t .- 0- I ~'e_ <J ~ ,0 I 0 0 0 l../) t-!- ~ a V) 0 l.Il <) <>. () 0 c-4 0- 0 0 (j :r >6 - . :r Vl Q- 14 ""r ~ ~ CI. 0') ~ Vl - ~ --- - 'Dr ~ ,;, .. " .... LEGAL DESCRIPTION ALL TH^T CERTAIN I@"cand lor I)[ ground Sill/ale on Soulh West Street in the Borough of Carlisle, CQUllly I)f Cumberland, "od Slal, u( Penn$Ylvania, bounded and described as foll"\\'$: ON the East hy SoUth \Vcot Street: on the Norill by properly now or l'onncrly of J, MaIiun Line: On the West by llll aUey; <nd on the Soulh by propcl1y !lOW or l'ormerly <>f ElmeI E. Sellers. Having a frOnt:lge of 39 fect on >3id SO\llll West Street lllld a depth of t50 fee" having thereon erected a two and one-halfStN)' brick (['.velling hilUse c"".1 "llltr icnpIO\'tnl"iJt~ in Ihe lale known and numbered 272 South West Street, Carl i,k. TITLE TO SAIl) "REi-USGS IS VJ:STED !N John D, SlOne by Dceil from John D. Stone and Catherine A. SIUGe. tJi:; ,-vife dalcd 1 /19/l999 and r<:O\tdcd 214.'1999 iu Record lJ<Jok 193. rage 988. PROPERTY ADDRESS: 272 SOUTH WEST STREET, CARLISLE, PA 17013 TAX PARCEL 1104,21,0320,516 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s) From JOHN D. STONE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (5) and from delivering any property of the defendant (5) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is e'\ioined as above stated. Amount Due $104,691.62 L.L. Interest FROM 9/3/04 TO 917105 (PER DIEM - $17.21) - $6,350.49 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $680.85 Other Costs Plaintiff Paid Date: MAY 11,2005 CURTIS R. LONG (Seal) protho~ -....Jb': a..... e P. 7'fl-/l /7./ r {.. r-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, L.L.P ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: CHAPTER 7 JOHN D. STONE CASE NO.: 1-04-bk-07255 Debtor(s) ORDER DISMISSING CASE Upon consideration of the Motion of the United States Trustee to dismiss the above- referenced case for failure to file schedules and statements, and it appearing that no answers were filed to the Motion, IT IS HEREBY ORDERED that: 1. The Motion of the United States Trustee is granted; and 2. The case is dismissed without prejudice. BY THE COURT, ?1~~~~~ Date: March 2, 2005 This electronic order is signed and filed on the same date. ~ '. PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOHN D. STONE CIVIL DIVISION Defendant(s). NO. 2004-2010 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PNC BANK. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,272 SOUTH WEST STREET, CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN D. STONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4 .. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 272 SOUTH WEST STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hauover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisbnrg, PA 17105 SALLY J. WINDER, ESQUIRE 9974 MOLLY PITCHER HIGHWAY SHIPPENSBURG, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that faise statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 9.2005 DATE ~~ J:f.l DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff -> 'c-:::;o ~~ -,..~ ~ .-1 -C-;r f\....r:. " c.; ::.,[: c:::) r....::: - PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC BANK, N.A. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN D. STONE NO. 2004-2010 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r~$--1~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ~ ~=A ~::;:; -.. -.- :? r~~\ .-~" -' .. C:') N , PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. No. 2004-2010 CIVIL JOHN D. STONE Defendant(s). May 9, 2005 TO: JOHN D. STONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIfATPURPOSE IF YOU If A VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 272 SOUTH WEST STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $104,691.62 obtained by PNC BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ]. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563,7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240,6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (l0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ~ LEGAL DESClUPTlON ALL lHI\T CERTAIN I,o",c and lot or ground situate on SOIlth West Street in the Borough of Carlisle, CO\lOlY of Cumbcl'1;J,:d. "nti SI,lIr 'if Ptnnsyi"3nio, .)}O\mde<.l ami described 3S foll"W8: ON the East by South \\'(>1 Slw:t: (In the North by properly now or fonllcrly of J. Marion Line: On the WeSl by iln alley: on,j ,)II tht SO'Jth by propcl1y now or fonnerly of Elmer E. S"llers. Having a rrontlge {If 39 feef ("1I1 >;liJ SOUlh WeS( SIred and n depth of 150 feer, having thereon erected a two amI one-lullfStfJry brick d'.'.'.:-llinf, hOu;",e ~i;llJ i/chtrirnpro':em.f:m!-i in the [Ilk k.l1own and numbered 272 South West Street, Carlisle:. TI'I1.E TO SAW Pl~I:GJ!;::J.:S.JS VESTED IN John J), StOne by Deed from Jolm D. Stone and Catherine A. Stone, !lis wife Jakd 112')1l999 Hnd rtemded 2!4il999 in RecDld Book 193. Page 988. PROPERTY ADDRESS: 272 SOUTH WEST STREET, CARLISLE, P A 17013 TAXPARCEL: #04,2I,0320,5](i Q r-' ,-:-:J ,-,','," ,,:J'~ n rTl ("7 <,.' . .. . PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PNC BANK, N.A. ATTORNEY FOR PLAThITIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY I--~ r'".,") ,._;> .-:;::, '_J'l Ys. No.: 2004-2010 CNIL. JOHN D. STONE p.:' c..> AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO PRC.P.. 404(2)/403 -.... (~, 0') DANIEL SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the NOTICE OF SHERIFF SALE was made by sending a true and correct copy by regular mail to SALLY J. WINDER, ESQUIRE, Attorney of Record for Defendant(s), JOHN D. STONE, at 9974 MOLLY PITCHER HIGHWAY, SHIPPENSBURG, P A l7257.on 5/1 0/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. ",....... f / -, ' C.r: f.. fuj--f ([ .< (' /1. :' KU!..ll DANIEL G. SCHMIEG, ESQUIRE I ! , Date: May 20, 2005 ------ ~ ~...; i'% (:,~ c. ~~ 0., 0>0 ~ ~ 't: o It - 'JO - ..... ?;() 0 Pc -; ";;"'L. Z ~\ Ij "", g" ~ o~. 0 31~ ~ ~ ~ ~ () oJ"" ~g ".~ ~ " ~~ !\' z ~ o i o $", o ~ ",~"S'", -c\Jl6-<"'if g8<;'(l g: .v.r:....;s g - -.o1fsap. w;:\::'-'aa ~ 'A .... <'> 2: 5.~,%.g.;. ~9 s,~ g ;:::5'-a;'s, ~g-8g! _."'00 ;< ~ agog _ iJ'~"d ,..'" ~,"" ~ g:;;; ~ ~ g ".g. s,*gg?. '8 ;;:;.~ E, co -< <A::l 'ii 1=l a y,~ ~ ~ og g;(g.~ '0';:\ g 'J> ..,srn5" a ~.~ p rra. ~ ';i %. ~ ".' .. o..g.~.l\ a.('> e ~ ~~.~g. '"" " . ~~ R;r ~.~~~. g.fi'fl,('; 00'" a -o~_oo.. g.~ll ~ !~ g ~ ~.~ g....., "''i:::ig- hV ~i & \ ~~ ~!5' ~ ~-9~ ..8i! !:l',,,, OQ i.'~~ -....~&' ::;:;t..", ^ ~ 'i '0' ~ ","" - U-> - '" - - - o '" CP -.J '" V> ..... v.> '" '" )> ~ ;<: >-l ~ ~ g ~ ~ >-l ~ :e ~ ~ tn '" .g ~ ~ ~ '$ g ~ :il 5 * ~ ~ ~ ~ ::\ '" g 'g\ tn ;-i ;0 () ~ ~ c> E ~ ~ >- " -< "ti '", >- ~ ~ "ti ;;:; ~ ~ ~ - r' g' o>Z ...."'., ooe;a .. ll\ .. ~fIl~ ~ '" ~~~:g -...... ~ tt1 ~-..l~~ g-og> -B's"Z Er>rlO~ ? . g '<:17'- >"~r-' ......g~z '-O(tlr:J1> 6~ So Z <.>.> tll v ~ga.C; -G~O ..... < 00 "'l"l.'i'io " p.?> g a." c-. .. 0 "OO"fil ('lEi Cl g S " -e - r-' ....... . .. 0 r-' ",0 "tI ~ . ~ ~ "ocSl'OSr'lQ t! ~ -I~ g ~~--=""~'oo ., ; $ ()1..2 ooS '!~O 2 02 ':0000 11 ~GOOl'. ,s' 03 000 oM Ilr . ",,,,\..1'.0 fll. \ J I \ \ \ ~ (;. <0 % c: :I 0" '" ~ " ~ ~ ~ '" 1;. ~ ~ i t;; ~ ~ \:i ~ ;;. ~ 0 ~ ~ ~ ~ >"d UJ ~ ~ ~ ~ ~ ~ ~ r:--i 53 ~ ;; ~ ~ ~ tn () ~ 0 ~ ~ ~ "c;; o z: '" 0 :e ~ \'l :c ~ ~ ~ \il '" >-l G\ ~ ~ ~ ~ ~ ~ "~ - ~ -.J >- 8- v.> () ~ "ti >- "ti o to ~ '" '" -.J V> - -.J '" V< -J - -.J - o V> - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 7th day ofDec A.D., 2005, under and by virtue of a writ Execution issued on the 11th day of Mav, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 2010, at the suit ofPnc Bank N A against John D Stone is duly recorded in Sheriffs Deed Book No. 272, Page 3157. IN TESTIMONY WHEREOF, I have hereunto set my hand .-ti:-- and seal of said office this 0 day of LV ,A.D. ~t I . rder of Deeds .' PNC Bank, N.A. VS John D. Stone The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2010 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on May 20,2005 at 3:46 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: John D. Stone, by making known unto John D. Stone, personally, at 272 South West Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2005 at 6: 15 0' clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John D, Stone, located at 272 South West St., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: John D. Stone, by regular mail to his last known address of272 South West St., Carlisle, P A 17013. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22 I 83-5000, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$719.21. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 13.71 15.00 15.00 30.00 10.00 1.00 8.00 2.70 Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 20.00 20.00 257.00 199.1 0 18.20 25.00 39.50 $ 719.21 Sworn and subscribed to before me . ~ /l This ~ day of~ .J"" A'f. "l ii" 2006, A.D. G;J7C~ (" Prot~ So Answers: r~~~~ R. Thomas Kline, Sheriff ~~ ::al Estate ergeant ' v. ..J'U ~\Jc /,0.-0 cJ,,- s,,;3?, o~,/,7~C 9% , PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS JOHN D. STONE CIVIL DIVISION Defendant(s). NO. 2004-2010 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PNC BANK. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,272 SOUTH WEST STREET, CARLISLE, PA 17013. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN D. STONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PAl 7013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4, Name and address of last recorded hol~er of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 272 SOUTH WEST STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 SALLY J. WINDER, ESQUIRE 9974 MOLLY PITCHER HIGHWAY SHIPPENSBURG, P A 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 9.2005 DATE w~ J1.J~ DANIEL G, SCHMIEG, QUIRE Attorney for Plaintiff PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, v. No. 2004-2010 CIVIL JOHN D. STONE Defendant(s). May 9, 2005 TO: JOHN D. STONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 272 SOUTH WEST STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $104.691.62 obtained by PNC BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN house and 101 or ground silm.te on South West Street in the Borough of Carlisle, CQllrll)' of Cumberlar,d, ,l(1d Slale 'If Pennsylvania. bounded and described as follows: ON .m: Ea;t hy South W cH Street: on the No\ih by ptoptrly m>w fir forlilerly of J, Mario.n Line: On !be WC$1 by an ulley; and on Ihe South by property now or fomlerly lif Eimer E. Sellers. Haying a frOllbgc of 39 feel on s~id South West Street and a depth of 150 feet, having thereoJl erected a two and one-balfswl)' brick (h\'i:l1ing Muse ~nd other improvement' 111 tJle rald.no\\'ll and numbered 272SQuth West Street, CarlisI<'. TITLE TO SAil) PREMISES IS VESTED IN John D. SlOne by Deed from Jolin D. Ston<l and Calhcrine A. Stone. bis wife dal'oo 1/29/1999 :lI1d rerorded 2/4f1999 in R~cord Dook 193. Page 98S. PROPERTY ADDRESS: 272 SOUTH WEST STREET, CARLISLE, PA 17013 TAXPARCEL: #04~2J~0320~516 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) NO 04-2010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s) From JOHN D. STONE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $104,691.62 L.L. Interest FROM 9/3/04 TO 917105 (PER DIEM - $17.21) - $6,350.49 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $680.85 Plaintiff Paid Date: MAY 11,2005 Other Costs CURTIS R. LONG (Seal) Prothono" ~By: ~()/)..1) P Deputy 7f!/?/7AY' ;- REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, L.L.P ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #46 On May 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 272 South West Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16, 2005 By:Jc uL'-{ j~l, Real Estate Deputy I ~~ : ,. (~I ": ol !';,'" {-> c;:;:;} c;:;:;} = <5r:) w:U " . . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} S5 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its ptincipal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14. Page 317. PUBLICATION COPY SALE #46 REAL ESTATE SALE No. 46 Writ No. 2004-2010 CIvil Tenn PNC Bank, N.A. V. John D. Stone Ally: Daniel Schmieg DESCRIPTION All THAT CERTt\IN house and lot of ground situate on South West Street in the Borough of Carlisle, County ot"Cumberland, and State of Pennsylvania, bOuntt4 and described lIS follows: ON the East by So"OO\ West Street; on the North by property now or formerly of J. Marion Line; on the West by an alley; and 00 the South by property now or formerly of Elmer E. Sellers. Having a frontage of 39 feel on said Sooth West Street and a depth of 150 feet, having thereon erected a two and one-balf story brick dwelling house and other inrprovements in the rate known and numbered 1:12 Sooth West Streel, Carlisi<, PA. TITI..E TO SAID PREMISES is vested in John D. Stone by Deed from John D. Stone and Catherine A. Stone, his wife, dated 112911999 and recorded 2/411999 in Record Book 193, Page 988. PROPEKI'Y ADDRESS: Tl2 South West Street, Carlisle, PA 17013. TAXPARCEL_21~32().516. NOT Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 199.10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .-- TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle BolO, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 46 Writ No. 2004-2010 Civil PNC Bank. N.A. vs. John D. Stone Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on South West Street in the Borough of Carlisle. County of Cumberland. and State of Pennsylvania, bounded and de- scribed as follows: ON the East by South West Street; on the North by property now or formerly of J. Marion Line; On the West by an alley; and on the South by property now or formerly of Elmer E. Sellers. Having a frontage of 39 feet on said South West Street and a depth of 150 feet. having thereon erected a two and onc- half story brick dwelling house and other improvements in the rate known and numbered 272 South West Street, Carlisle. TITLE TO SAID PREM]SES IS VESTED IN John D. Stone by Deed from John D. Stone and Catherine A. Stone. his wife dated 1/29/1999 and recorded 2/4/1999 in Record Book 193. Pa~e 988. PROPERTY ADDRESS: 272 SOUTH WEST STREET. CARLISLE, PA 170]3. TAX PARCEL: #04-2]-0320-5]6.