HomeMy WebLinkAbout04-2362
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERlT AGE SAVINGS BANK,
Plaintiff
vs.
No. ()I../. - ..2JI..~
(J.iu~Lr~
JANET E. GIBA,
ACTION IN
MORTGAGE FORECLOSURE
Defendant
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
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 to you for any money claimed in the Complaint
or for any other claim or relief requested by Plaintiff(s). You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Effective September 1, 2003
EN LA CORTE DE SUPLICAS COMUNES DE
CONDADO DE CUMBERLAND, PENNSYLVANIA
ACCION CIVIL - LEY
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERIT AGE SAVINGS BANK,
Demandante
No.
vs.
Demandado
ACCION ADENTRO
EJECUCION DE UNA
HIPOTECA DE HIPOTECA
A VISO PARA DEFENDER
Conforme a Rep No. 1018,1 del PA
JANET E. GIBA,
LE HAN DEMANDADO EN CORTE. Si usted de sea defender contra las
demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte
(20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito
personalmente 0 por el abogado y archivando en escribir con la corte sus defensas u objeciones a
las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso
puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso
adicional a usted para cualquier dinero demandado en la queja 0 para cualquier otra demanda 0
relevacion pedida por Plaintiff(s). Usted puede perder el dinero 0 la caracteristica u otra endereza
irnportante a usted.
USTED DEBE LLEV AR ESTE P APEL SU ABOGADO INMEDIA T AMENTE. SI
USTED NO TIENE Un ABOGADO, V A Y A A 0 LLAME POR TELEFONO La OFICINA
DISPUESTA ABAJO. ESTA OFlCINA PUEDE PROVEER De USTED La INFORMACION
SOBRE EMPLEAR A un ABOGADO.
SI USTED NO PUEDE PERMITlRSE AL HIRE A un ABOGADO, ESTA OFICINA
PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE
LOS SERVICIOS JURIDIC os de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES
EN Un HONORARIO REDUCIDO 0 NINGtrN HONORARIO.
Asociacion De la Barra Del Condado De Cumberland
A venida De Dos Libertades
Carlisle, PA 17013
Telefono: (717) 249-3166
Efectivo I de Septiembre, 2003 Queja
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERIT AGE SAVINGS BANK,
Plaintiff
vs.
No. ('W- DUt..;t. {};,,~l~~
JANET E. GIBA,
ACTION IN
MORTGAGE FORECLOSURE
Defendant
COMPLAINT
1. Plaintiff, Banknorth, N.A., as Successor by Merger to Peoples Heritage Savings
Bank (the "Bank") is a Banking Corporation having an office at 70 Gray Road, Falmouth, Maine
04105.
2. Defendant, Janet E. Giba, is an adult individual with a last known address of360
Peppercorn Square, Enola, Pennsylvania 17025.
3. On or about February 3, 1995, Defendant borrowed from the Bank, the original
principal sum of $ 1 0,000.00, payable on demand plus interest at the annual variable rate of I .50%
above the annual lending rate index of interest designated by the Bank as its prime rate, and
requires Defendant to make regular monthly payments due on the fifteenth (15'h) day of each
month of all accrued unpaid interest, for a period of twelve (12) months, as evidenced by a Equity
Line of Credit Note and Agreement (the "Note"). A true and correct copy of the Note is attached
hereto as Exhibit "A."
4. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated
February 3,1995 and recorded in the Office ofthe Recorder of Deeds of and for Cumberland
County, Pennsylvania, on March 23, 1995, on Defendants' property being located at 3F
Southmont Drive, now known as 360 Peppercorn Square, Township ofPennsboro, Enola,
Cumberland County, Pennsylvania (the "Premises"). A true and correct copy of the Mortgage
which contains the complete description of the Premises, is attached hereto as Exhibit "B."
5. Defendant is in default under the Note and the Mortgage for failure to make
monthly payments which were due beginning November 15, 2003 and on the fifteenth (15th) day
of each month thereafter.
6. Notice ofIntention to Foreclose Mortgage ("Act 6 Notice"), in compliance with
the provisions of Section 403 of Act 6,41 P.s. 401, as amended and supplemented, was sent to
Defendant by Certified Mail, Return Receipt Requested on February 13,2004. A true and correct
copy ofthis notice is attached hereto as Exhibit "c."
7. Pursuant to the Note, in the event of Default, the Bank may, and hereby does,
declare all amounts owed under the Note, including principal, accrued interest, late charges, and
all other charges, including reasonable attorneys' fees, to be immediately due and payable.
8. Pursuant to the Note, in the event of Default, the Bank is entitled to be reimbursed
for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to
enforce the Note.
9. For purposes ofthis action, the Bank believes, and therefore avers, that $3,000.00
constitutes reasonable attorneys' fees for enforcing the Note. However, the Bank recognizes that
it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than
$3,000.00, the Bank agrees to adjust its demand for attorneys' fees, if applicable, at the time
payment on any judgment is made.
10. As of April 7, 2004, the amount due on the Note and the Mortgage is as follows:
Principal Balance................................................................... .$8,92 1 .53
Interest through 04/07/04
at a rate of$1.34 per diem ........................................................ 8.04
Fees Due/BPO.............................................................................. 1 00.00
Attorneys' Fees..................................................................... 3,000.00
Total......................................................................................$ 1 2,029.57
plus continuing interest after April 7, 2004 at a rate of$1.34 per diem, plus
continuing fees due, charges and costs.
13. The Bank has demanded payment of the amount owed from Defendant but
Defendant has failed and/or has refused to pay the same.
14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.c. {i 1692 et seq.,
Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in
writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and
provide Defendant with written verification thereof; otherwise, the debt will be assumed to be
valid. Likewise, if requested within thirty (30) days of receipt ofthis pleading, Counsel for
Plaintiff will send Defendant the name and address ofthe original creditor if different from the
above.
WHEREFORE, Plaintiff, Banknorth, N.A., as Successor by Merger to Peoples Heritage
Savings Bank, demands judgment in mortgage foreclosure against Defendant, Janet E. Giba in
the amount of$12,029.57, plus continuing interest after April 7, 2004 at a rate of$1.34 per diem,
plus continuing fees due, charges and costs.
Date:
5' I( 1/~1
By:
Yr1
Sha
Atto
Borth, N.A., as Successor by
Peoples Heritage Savings Bank
Court LD. No. 83774
126 East King Street
Lancaster, P A 17602
(717) 299-5201
VERIFICATION
Banknorth, N.A., as Successor by Merger to
Peoples Heritage Savings Bank
vs.
Janet E. Giba
I, Catherine E. Morton, being duly affirmed according to law, depose and say that I am
Assistant Vice President for Banknorth, N.A.; that I am authorized to make this Verification on
its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of
my knowledge, information, and belief
To the extent that any of the averments in the foregoing document are based upon the
understanding or application of law, I have relied upon counsel in making this Verification.
This Verification is made subject to the penalties of IS Pa. c.S.A. 94904, relating to
unsworn falsification to authorities.
Dated:
5!/~ OLj
~Z-~
Catherine E. Morton
"Exhibit A"
.oPLES HERITAGE SAVINGS BAl
EQUITY LINE OF CREDIT
AGREEMENT AND DISCLOSURE STATEMENT
(NOTE)
Dat., FEBRUARY 3. 1995
Account No.: 079901304
In this Line of Credit Agreement and Disclosure. the words Myou", "your" and "the Bank" mean Peoples Heritage Bank
with a principal place business in Ponland, Maine. The words .'.. "me- and "borrower" mean
JANET E. GIBA and
of
ENOLA, PA 17025
J. PROMISE TO PAY.
I promise to pay the Bank all swns of money borrowed under this Agreement, plus finance charges. and any other
charges I am required to pay under this Agreement or under the mongage securiog the loans made under d1is AgreemtDl.
Repayment will be as described below. If I fail to comply with any pan of this agreement, but the Bank allows me Co
cancel my failure to comply or (0 continue to borrow and repay under the agreement, I cannot claim the Bank has given
up the right to require me to comply in the future. This is a vwble nle credit agreement, and the finance charges I will
pay will change accordiog to the tenus described below.
2. SECURITY
All loans made 10 me under this Agreement and my performance of all of my obligations under this Agreement arc
secured by a mortgage deed
I X ] dated FEBRUARY 3, 1995 10 be n:corded in the CUMBERLAND
County Registry of Deeds OD real estate located al
3F SOUTHMONT DRIVE
ENOLA, PA 17025
Insurance on the real estate is required by the mortgage and may be obtained from anyone I choose who is reasonably
acceptllble 10 you.
3. WANS.
You will open a new-Peoples Heritage Savings Bank checking account for me to get loans under this Agreement. When I
write a check on my account you will make me a loan 10 cover the check. Then: is no minimwn loan amount. You are
required to leod me money only up 10 the uoused portion of my credil limil. You will also lend me money in the same
way for any fees or charges due under your checking account schedule of charges then in effecl.
4. CREDIT LIMIT.
'My credillimil is the maximum amount of money you will make available 10 me under Ibis Agreemenl. My cOOllimil
is $ 10,000.00. I will 001 let my unpaid balance go over my credit limit. If I reach my limit the Bank
need not advance me, any more money and the Bank may return or elect to pay any items subject 10 any fees or charges
due under the checking account schedule of charges then in effect.
S. FINANCE CHARGES.
If you make any loans to me, I will pay a finance charge based on the compuration metbod described below. The
FINANCE CHARGE begins to be charged on the date of each new loan. The finance charge will be calculated by
multiplying the average daily balance: limes the daily periodic rate. which inilially will beD. 026712 %. The: daily
periodic rate is 11365tb of the ANNUAL PERCENTAGE RATE (APR). The initial APR under this Agreement is
9.75 %. The APR iocludes only interest and not other costs. The AVERAGE DAILY BALANCE is computed
by adding logether each day's eoding balance during (be billing cycle including new loans and any unpaid finance
charges and subtnlCting any pa}'DleJltS or credits. Then you add alllhe daily balances for (be billing cycle and divide the
total by the number of days in the billing cycle. This gives the aVerllge daily balance.
6. ADJUSTMENTS TO APR AND LIMITS ON CHANGES.
The APR is subject 10 change each biIJiog cycJe withoullimit except that it will not go above 18%. My APR wiJI be
adjusted each billing cycle to an anouaI rate equal to 1 . 50 % added to The First National Bank of Boston Base
Lending Rale ("Index"). Any change in my APR wiUtate effect 00 the firsrday oflbe billing cycle following a change
in the index as published in The Wall Street Journal on the last day of tbe prior billing cycle. If the index is not
published on that day. the last published rale will be used. The finance charge begins 10 be charged on the date of each
loan and continues until paid in full. The new APR will be applied 10 the then currenl billing cycle's average daily
balance. The Bank will send me no notice of the new APR aDd the amount of the payment then due except on my next
statement on my regular billing dale. If the APR increases. the finance charge on the same balance will be higher, and if
the APR decre2SeS. the finance charge on the same balance will be lower. There will be no change in my schedule of
paymentS or- in the other terms of d1is contract. Changes in my APR warranted by a change in the index will be
au[omatic. However, an iDcrease may be foregoDe at the Bank's option. If the Bank forgoes an APR increase. the Bank
may increase the APR at a later change date.
7. UNAVAILABILITY OF INDEX.
If for any reason the iudexis lemporarily unavailable. the APR on my line will remain fixed for up 10 30 days al the rate
set at the last adjustmenl:, but only until the index is -.vailable again. If the index becomes unavailable for 30 dayS or
more. a new index and if necessary. a new margin. substantially similar to the discontinued one will be designated by
you.
OOO6I9-A R 3/94
....e I or 3
ORIGINAL
1I-6-95lJC-20Q01l.21
8. MINIMUM PAYMENTS.
I can obtain advances of credit untillhe line is terminated (-draw period.), I must repay the loans under this Agreement
by making at least rbe minimum monthly paymem checked below. I'll pay at least the minimum payment no later rhan
the date shown 00 the last statement 4lS the oext -payment due date-. All payments will be 1lpplicd first to interest and
then to other amounts owed and finally to principal. The minimum paymem will be:
1 2.0% of the principal balance of theJoan ,;r $25!00, whichever is- ;J.rge~. plus any ,,;r~dit life iru;ura!lceprerniwr: r
may owe. plus any amount you have loaned me over my credif limit. If my new balance is less lhan the minimum
payment amount, I'll pay the new balance.
I 1.5% of the priocipal balance of the loan or $25.00, whichever is larger, plus any credit life insurance premium J
may owe, plus any amount you have loaned me over my credit limit. If my new balance is less than me minimum
payment amounI. I'll pay the new baIancc:. Under certain cin:umstances. the minimum payment may DOl reduce the
principal that is outstanding on your line.
(X 11be interest accrued on the principal balance of the loan or $25.00, whichever is large, plus any credit life
iDSUnUlCe premium I may owe, plus any amount you have loaned me over my credit limit. If my new balance is
Jess than the minimum payment amount, rn pay the new balance. The minimum paymenl may not reduce the
principal thai is outstanding on your line.
I have the right to payoff the new balance in full or ill part at any time before il is due withoUI penallY.
,. OTHER CHARGES.
I agree to pay the followiog cJwges al the time I sign this Agreemeol.
Recording Fees $
o . 00 Tide Opinion or Insurance $
0.00 TIdeCheck
$
$
0.00
Appraisal
$
o . 00 Documem Prepa1alion
$
0.00
0.00
10. OTIlER lERMS AND NOTICES ON BACK.
There is important information about my billing righlS and other matters on page 3 of this Agreement By signing Ibis
Agreemem below I also agree 10 the lenns on page 3. I have read those lenns and thai information before signing.
II. EACH SIGNER LIABLE.
AJtbougb this Agreement may be signed by more than one person, I understand that It as an individual, am responsible
fo[" paying back the entire amount owed under this Agreement. You may take direct legal action 'Suost: me even tbough I
may DOt have received any direct personal beoefit from the loan. All persons who sign this Agreement are enlitJed (0 a
copy of the Agreement
I acknowledge receipt of this campleled Agreement.
;;k/eMlilrJ;j!ll$l/
WttocA (f/ IYlV' A r;u/\
(/-]dLe:L '% ~
(ai,0I/
Bonower JANET E. G IBA
Lesa! Address
3F SOUTIIMONT DRIVE,
ENOLA, PA 17025
2/03/95
"'~
w;_
(tiJoaturt)
"'~
Borrower
Lesa! Address
000639-A R 3/94
Plat 2 of 3
ORIGINAL
(1-6-95) lC-20908-22
12. CREDIT LIFE INSURANCE.
I am not required to buy credit life insurance to obtain credit. If [ want this protection. I must be acceptable to the Bank's
insurer. and I must sign the necessary application for insurance and agree to pay the premium. The maximum coverage
now available is $50,000 regardless of my maximum credit limit. but the max.unum coverage available may c~e from
lime to time and I agree that you may increase or decrease my coverage to meet such maximums. I will pay an insurance
charge computed by a_pplying die J2/3~5 of monthly rate, as described in the credit life in..urance application, per SI,OOO
of :h:_- ,1\'eragt. daily nalancc- {;f ,hdoan (or. th~-. bilJing,.:)'ri~ times the. number,;)!- days lP. meJ,jUl1.lg C;dc. This r~lte is
subJe.:! 10 change from time to time upon l.:banges impOsed by the insurer and 1 agree 10 pay such changed rates. I may
renninare credit life insurance coverage by oorice (0 you in wnting.
13. ASSUMPTION.
My Equityune and Mortgage may not be assumed by a purchaser of my home.
14. DEFAULT.
I will be in default:
(A.) If I don't make a minimum payment when due, or don't pay any balance over my credit limit wheo due;
(B.) If I engage in fraud or material misrepresenu.tion in connection with this Agreemem;
(C.) If I convey the propc:ny securing this Agreement or otherwise act or faH to acl in a way that adversely affects your
monpge or your nghts in the propeny;
(D.) ifI d.e:
(E.) if I become insolveor, or go into bankruPlcy;
(F.) if I violate any part oftbis Agreement;
(G.) if I violate any materialtemlS of a mon~ given as security for Ibis A,reement; or
(H.) if my prospect: of repayioglhe loans is SIgnificantly impaired by a marenal chan,ge in my fioancial coodidon.
If I am in default uDder A., B., C., or D# above, the Bank can tenninale this A.greement, can refuse to issue me
additional loans under this Agreemem aod can demand payr:nenr of the total amount owed under this Agreement after
giviD8 me any notice required by law. Ifl am in default tinder any of the above, the Bank may suspeoo my right to draw
addiuonal advances untiJ the default is cured. Even if, 81 a time when I am in default. the Bank does DOl refuse to issue
me additional loam or require me to pay immediately in full, the Bank will still have the right to do so if I am in default
at a "tee titn(:. I agree to pay all of your reasonable attorney's fees, le,pl expenses, and other reasonable OOSIS iocwred in
foreclosing or otherwise ealiziog on the real estate securing DIy obligatiom under this Agn:emem after a default.
IS. SUSPENSION.
The Bank may suspend my risht to additional advances as provided in Paragraph 14., or upon my written request or that
of any joint Borrower or at any time (A.) the value of the dwelling securing the line declines significantly below its
appmsed value for purpose of the line;
(B.) a regulatory ageocy has DOtified you that continued advances would const:irute an unsafe and umound practice;
(C.) the Annual Percentage Rate reaches the maximum rate;
(D.) you are precluded by govenunenl action from imp>sing Ibe Annual Percentage Rate agreed to; or
(E.) government action adversely affects your ~rity interest so thai is value is Jess than 120~ of my credit line.
16. TERMINATION.
The Bank may terminate this Agreemtnt as provided jn Paragraph 14. I may rerminate this Agreement by notifying you
in writing. After the AgreemeJU is tenninated, I must repay all the principal balaoce, accrued interest pJus any other sums
I owe to the Bank under this Agreemenl: in one Iwnp swn payment 10 the Bank. Any joim Borrower may terminate the
Agreement as provided.
17. CHANGE OF TERMS.
You may DOt change any terms of this Agreemenr unless I agree in writing at the time, excepl:
(A.) the SUbstitutiOD of a new index as provided jq Paragraph 1;
(8.) insignificant changes to terms, or changes dw will unequivocally benefit me for the remainder of my telD1;
(C.) prohibit additional extensions of credit or reduce my credit Jimit under certain circumstanees as provided in
Paragraphs 14 and 15;
(D.) changes the Annual Percentage Rate based on the Index as described in Paragraph 6; or
(E.) changes in the maximuDl insurance coverage available and changes in credit insurance races as provided in
Paragraph 12.
You will provide me with all notices of any changes as required by applicable Jaw.
18. BANK'S WAIVER.
Jf I have a security interest in real or personal propeny or securilies to the Bank, other than the monga~e described in
Paragraph 2 under any agreemenc that says the propeny or securities may secure other loam, the Bank waives its right 10
apply such propeny or securities against money which I owe under this Agreement. This does nol waive any right of
~sel-off' you may have against: any accounts I have with you.
I'. TAX DEDUCTIBILITY.
I should comuIt a laX advisor regarding the deductibility of interest and charges for this loan.
TIllS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OUR
RESPONSffiILITIES UNDER TIlE FAIR CREDIT BILLING ACT.
I will notify the Bank in case of errors or questions about my bill. If I think my bill is wrong or if I need more
information about a transaction on my bill, I will write the Bank as soon as possible. The Bank mUsI hear from me no
Ialer than 60 days after me Bank sent me me first bill OD which the etl'Ql" or problem a~. I can telephone the Bank
but doing so will DOt preserve my rights. In my letter, I will give the Bank the following information: (f.) my oame and
ICCOUIlI number; (2#) the dollar amount of the suspected error; and (3.} a description of rbe error and an explanation if 1
can, or why I believe there is an error. If I need PIOn: information, I will describe the time I am DOt sun: about. '
My rights and the Bank's responsibilities after the Bank teceives my written notice. The Bank must acknowledge my
leuer within 30 days, unless the Bank has corrected the error by theIi, Within 90 days, dH: Bank must either correct the
error or explain why it believes the bill was conect. After the Bank receives my letter, it_ C8IUJOt Iry to collect any amount
I question or ~n me a delinquent. The Bank can COPtioue 10 bill me for the amount I question. iDCluding finance
charges, and the Bank can apply any unpaid amount agaiDSt my credit limit. I do oot have to pay any questioned amount
while me ~ is iDV~gatIDB, but I. am slip obligated to pay the ~ of my bill that are not in question. If the Bank
finds thai I! ~e a IIU~ on my bin, I will not have w pay any finance ~ges related to any questioned amount. If
the Bank.duln t make I ~, I may have to par. finance charges, and I will have to make up any missed payments on
die quc:stloned amount. In culler case, the Bank will send me a statement of rhc lUDOUIU I owe and the daee that it is due
If I fail to pay the amount that the Bank thinks lowe, the Bank may repon me as delinquenl. However if the Bank's
explanation does not satisfy me and I write to the Bank within 10 ~s telling the Bank dlat I still refuse to' pay d1e Bank
Dlust tell anyone it reportS me to that I have I question about my biD. ADd. dIe Bank must tell me tba name of allyone it
reponed me 10. The- Bank: must tdI anyone il reports me ro dIat the matter has been settled between us wben it finally is.
If the Bank doesn't follow these rules, it can't coUec1 the first $50 oftbe questioned amount, even if my bill was correct.
OOO6I9-A R :J/94
Pqe:Jof:J
ORIGINAL
(J.6-9S}lC.20908-2:J
"Exhibit B"
? L, 6>t
A~^
<JVI<
--' }Q.....".t
I MORTGAGE I
LOAN #: 079901304
.
THIS MORTGAGE is made this
JANET E. GIBA
3RD
~yof FEBRUARY, 1995
. between me Mortgagor,
(herein ~BofTower"),
and !be Mongagee. PEOPLES HERITAGE SAVINGS BANK
a corporation organized and existing under the laws of THE STATE OF MAINE:
whose address is 477 CONGRESS STREET, SUITE 600,
PORTLAND, ME 04112-9540
(herein "Lender").
WHEREAS. Borrower is iodebtcd to Leader in !be prioeipal sum of U.S. S 10,000.00 . which iodebtedness
is evideDced by Borrower's DOte dated FEBRUARY 3, 1995 and extensions and reoew.ds thereof (herein
"Note"). providing for monthly installments of principal and interest. with me balance of the indebtedness, if DOt sooner paid,
due and payable 00 terminat ion
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment of
all other sums. with the interest thereon. advanced in accordance herewith to protecl the security of this Mortgage; and the
perfoonance of the covenaols and agreements of Borrower herein contained, Borrower does bereby mortgage. grant and
convey to Lender the following described pioperty located in the COUDIY of CUMBERLAND
State of Pennsylvania:
See Schedule A - Attached Legal Description.
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which bas Ibe address of 3 F
Pennsylvania
17025
(Zip Cock)
SOUTHMONT DRIVE,
(Slrec:l)
(berein 'Propeny Address');
ENOLA,
(Cily)
TOGETHER with all me improvements now or hereafter erected 00 the propeny, and all easements, rights,
appuneoances and rents. all of which shall be deemed to be and remain a pan of the property covered by this Mortgage; and
all of the foregoing. together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereioafter
referred to as the - Propeny. -
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mongage. grant
and convey the Property, aDd that the Property is unencumbered. except for encumbr.u1ces of record. Borrower cO\--enants that
Borrower wamots ;md will defend generally the title to the Propeny against all claims and demands. subject to encumbrances
of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
L. Payment or Principal and Interest. Bonvwer sbal! promptly I)3.Y when due the principal and interest indebtedness
evidenced by the Note and late charges as provided in the Note.
2. Funds, tor Taxes and IlUunmce. Subject to applicable law or a written waiver by Lender, Borrower shall pay 10
Lender on the day moodtly payments of principal and imerest are payable under the NOle. until tbe Note is paid in full. a sum
(herein -Funds.) equal to one-twelfih of the yearly taxes and assessments (iDCluding condominium and planned unit
development assessments. if any) which may attain priority over this Mortgage and ground rents on the Property. if any, plus
ooe-tweJfth of yearly premium installments for hazard insurance, plus oncHweJftb of yearly premiwn installments for
mortgage insurance. if any, all as reasonably estimated initially and from time to time- by LeDder on the basis of assessments
and biDs and reasonable estimates thereof. Borrower shall not be Obligated to make such payments of Funds to Lender to the
extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional
lender.
If Bonower pays Funds to Lender. the Funds shall be held io an institution the deposifS or accounts of which are
insured or guannceed by a FcdetaJ or state ageDCY (including Lender if Lender is such an institution). Lender shall
I PENNSYLVANIA SECOND MORlUAGE I Pa,~ 1 of4 Form 3839
~FNMAlFHLMCUNIFORMJNSnlJMENT ORIGINAL~ .....,_ I)l.,.. __ n_01\IT_1111M.ll
apply the Funds 10 pay said taxes, assessments, iosurance premiums and ground renlS. Lender may nol charge for SO holding
and applying the Funds, analyzing said account or verifying and compiling said assessmenlS and bills, unless LeDder pays
Borrower inlerest on me Funds and applicable law permils Lender to make such a charge. Borrower and Lender may agree in
writing at me time of execution of dlls Mongage lhal interest 00 the Funds shall be paid to Borrower, and unless such
agreement is IIla~e: or applicablel;rw re:qtlires_slJch J!1te~.sr.to 1x' paid. !~!ld!:'~s~an.nolbe required. to pay Bo'!ower any
inter,sr or eatmngs OD the-Fuoos. Lender shall give to Borrower. ,vithout -ularge, an annual accounting of the FWlds showing
credilS and debilS 10 the Funds and the purpose for which each debit to the Funds was made. The Ftmds are pledged as
addilional securilY for the sums secured by Ibis Mongagt. .
If (be imonDI. of the Funds held by Lender. rogemer with the fucure monthly instaJlmews of Funds payable prior 10 the
due dates of taXCS, assessments, insurance premiums and ground rems, shall exceed the amounl required to pay said taxes,
assessments, insurance premiums and ground rentS as they fall due, such excess slWl be, at Borrower's option. either
promprly repaid to Borrower or credited to Borrower on monthly installmems of Funds. If the amount of the Funds held by
Lender shall not be sufficient 10 pay faXes, assessments, itlSlll'llPCe premiums and ground rents as they fall due, Borrower shall
pay to Lender any amoum necessary 10 make up the deficiency in one or more payments as Lender may require.
Upon paymeot in full of all sums secured by this Mongage, Lender shall promptly refund 10 Borrower any Funds held
by Lender. If under paragraph J7 hereof the Property is sold or the Propeny is otherwise acquired by Lender, Lender shall
apply, DO later than immediately prior 10 the sale of the Propeny or jts acquisition by Lender, any Funds held by Lender at the
lime of application as a credil against the sums secured by this Mongage.
3. Appllcation of Payments. Unless applicable Jaw provides otherwise. all payments received by Lender under the
Note and paragraphs I and 2 hereof shall be applied by Lender first in paymew of amounts payable to Lender by Borrower
under paragraph 2 hereof, then 10 imerest payable on the Note, and then to the principal of the Note#
4. Prior Mor1pges and Deeds of Trust; Charges; Liens. Borrower shall peifomJ all of Borrowe..'s obIigatiolL'i
under any mongage. deed of trust or other security agreement with a lien whicb has priority over this Mongage, including
Borrower's covenants 10 make payments when due. BOflOwer shall payor cause 10 be paid all taxes, assessmenlS and other
charges, fines and impositiolL'i attributable to the Property wbich may attain a priority over this Mongage. and leasehold
payJDenlS or ground rents, if any_
S. Hazard Insurance# Borrower shall keep dte improvements now existing or hereafter erected on the Property
ilmlred against loss by fire, hazards included within the tenn -extended coverage,. and such other hazards as Lender may
require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Bonower subject to approval by LeDder; provided, that
such approval shall nol be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to
Lender and shall include a standard mongage clause in favor of and in a form acceptable to Lender. Lender shall have the
right to hold the policies and renewals thereof, subject to the tenus of any mongage, deed of trust or other security agreement
with a lien which has priorilY over this Mortgage.
In the evenl of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
loss if not made promptly by Bonower.
If the propeny is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from die date notice
is mailed by Lender to Borrower lhaI me insurance carrier offers to seule a claim for insurance benefils, Lender is authorized
to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums
secured by this Mongage.
6. Preservation and Maintenance or Property; Leaseholds; Condominiums; Planned Unit Developments.
Borrower shalJ keep the Propeny in good repair and shaU not commit waste or permit impairment or deterioration of the
Property and shall comply' with the provisions of any lease if this Mongage is on a leasehold. If this Mortgage is on a unit in a
condominium or a planned unil development, Borrower shall perfOtto all of Borrower's obligations under the declaration or
covenants creating or governing the condominium or planned unit development. the by-laws and regulations of the
condominium or planned unil development. and constituent documents.
,. Protection or Lender's Security. If Borrower fails 10 peiform the covenantS and agreements contained in this
Mongage, or if any action or proceeding is conunenced which materially affects Lender's inlerest in the Propeny, then
Lender, at Lender's option, upon notice 10 Borrower, may make such appearaDCes, disburse such sums, including reasonable
attorneys' fees, and take such action as is necessary ro protfel Lender's interesl. If Lender requires mortgage insurance as a
condition of making me loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance
in effect until such time as the requiremem for such insurance tenninates in accordance with BOlTOwer's and Lender's wrinen
agreement or applicable Jaw.
Any amounts disbursed by Lender pursua.Jtt 10 this paragraph 7, with ilUerest thereon. at the Note ute, shall become
addilional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree 10 other terms of payment,
such amounts shan be payable upon DOtice from Leoder to Borrower requesfing payment thereof. Nothing contained in this
paragn.ph 7 shall require Lender 10 incur any expense or rake any action hereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspeclions of the Propetty.
provided tbat Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related 10
Lender's interest in the Propeny.
,. Condemnation. The proceeds of any award or claim for damages, direct or consequenlial, in connection with any
condemnation or other taking of the Property. or pan dIereof, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender, subject to the teons of any mOrtgage, deed of trusl or other security agreement with a lien which
has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amonization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower
shall not operate 10 release, in any manner, the liability of the original Borrower and Borrower's successors in interesl. Lender
shall DOl be required to conunence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of we sums secured by this Mortgage by reason of any demand made by the original Borrower and
Borrower's successors in ioteresl. Any forbearauce by Lender in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall DOl be a waiver of or preclude: the ex.ercise of any such right or remedy.
I PENNSYL VANIA SECoND.M:ORTGAGE I
1-80 FNMAJFHLMC UNIFORM INSTRUMENT
Pare 2 0(4
ORIGINAL
00"{1 ?r;? "" .'lQ'l
Fonn 3839
(7-93)rf-12865-12
11. Successon and Assigns Bound; Joint and Several Uabllity; Co-signers. The covenants aud agreements herein
contained shall bind, and die rigbts hereunder shaJl inure 10. !he respective successors and assigns of Lender and Borrower,
subject to the provisions of paragrapb 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any
Borrower who co-signs this Mortgage, but does not execute the Note. (a) is co-siguing dris Monpge only to mongage, grant
and convey tbat Borrower's interest in the Property to Lender under the lenns of this Mortgage, (b) is. no~ personalJy liable on
Ute Note ~r under this Mongage, aud (cl agrees that Lender and any other Borrower hereunder may agree to ex lend, modify,
forbe8.r, or make any other accommodatioDS with regard to the lerms of this Mortgage or the Note witbout that Borrower's
consent and without releasing that Bonower or modifying this Mortgage as 10 that Borrower's imerest in the Property.
12. Notice. Except for any notice required under applicable law to be givcn in another manner, (a) any DOUce to
Borrower provided for in this Mortgage shall be given by delivering it or by mailing sucb ootice by cenified mail addressed 10
Borrower at the Property Address or al such other address as Borrower may designate by nolice 10 Lender as provided berein,
and (b) any ootice to_ Lender shall be given by certified mail to Lender's address stated herein or to such other address as
Lender may desipte by notice 10 Borrower as provided herein. Any notice provided for in this Mortgage sball be deemed 10
have been given to Borrower or Lender when given in the manner designated herein.
13. GovenU:ng Law; Severability. The stare and local laws applicable to this Mongage shall be the laws of the
jurisdiction in which the Property is locaIed. The foregoing sentence shall not limil the applicability of Federal law to this
Mongage. In the event thai any provision or clause of this Mortgage or the Note conflicts with applicable law. such conflict
shall not affecl other provisions of this Mongage or the Note which can be given effecl without the confliaiog provision, aDd
10 this end the provisions of Ibis Mongage and the Note are declared to be severable. As used berein, .costs, - .expenses- and
-attorneys' fees- include all sums to the exlent DOl prohibited by applicable law or limited herein.
14, Borrower's Copy. Borrower sball be furnished a conformed copy of the Note and of this Mortgage at the time of
execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvement. repair. or other loan agreement whicb Borrower enterS into with Lender. Lender, at Lender's
option, may require Borrower 10 exec~1t and deliver to Lender, in a form acceptable 10 Lender, an assignmenl of any righls,
claims or defenses wbick Borrower may have agaiDSl parties who supply labor. malerials or selVices in connection with
improvements made to the Property.
H.. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any interest in
it is sold or IraDSferred (or if a benefkial inlerest in Borrower is sold or transferred and Borrower is not a narural person)
without Lender's prior writren consent, Lender may, at its option, require immediate payment in full of all sums secured by
this Mortgage. However, this option shallllOl: be exercised by Lender if exercise is prohibited by federal law as of the dare of
this Mortgage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. l11e notice shall provide a period of
not less than 30 days from the dale the notice is delivered or mailed within which Borrower must pay all sums secured by this
Mongage. If Borrower fails 10 pay these swns prior to the expiration of this period, Lender may invoke any remedies
permitted by this Mortgage without funher notice or demand OD Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17# Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this
Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleraiion
shall give notice to Borrower as provided by applicable law specifying, amona other things: (1) the breach; (2) the
adlon required to cure such breach; (3) a date, nolless than 30 days from the date the notice is mailed to Borrower, by
which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice
may result in accderation of the SUJrui secured by this Mortgage, foreclosure by judicial proceedilll, and sale of the
Property. The notice shall further inform Borrower of the right to reinstate after acceleration: and the right to assert in
the foreclosuce proceeding the nonexistence of a default or any other def'ense of Borrower to acceleration and
foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may
declare all or the sums sec...... by tIUs Mo....,. to he immediately due and payable without rw1ber demand and may
r..-.c:lose tbls Mort..,. by judicial proceeding. Lender shall he entitled to coDed In such proc:eeding all expensES of
forecl05~ including, but not limited to, reasonable attorneys' fees. and costs of documentary evidence, abstracts and
title reports.
18. Borrower's Right to Reinstate, NOlwithstanding Leoder's acceleration of the sums secured by this Mongage due
to Borrower's breach, Borrower shan have the right to have any proceedings begun by Lender to enforce this Mortgage
disconlinued al any lime prior to at least one hour before the commencemem of bidding at a sheriffs sale or other sale
pursuanl 10 this Mongage if: (a) Borrower pays Lender all sums whicb would be then due under this Mongage and the Note
had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in
this Mongage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants aoo agreements of
Borrower contained in this Mortgage and in enforciD8 Lender's remedies as provided in paragraph 17 hereof, including, bUI
not limiled to, reasonable attorneys' fees; ;md (d) Borrower takes such action as Lender may reasonably require 10 assure that
the lien of this Mongage. Lender's interest in the Property and Borrower's obligation to pay the sums secured by this
Mongage shall continue unimpaired. Upon such payment and CI1Te by Borrower, this Mortgage and the obligations secured
hereby shall remain in full force aDd effecl as if DO acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession, As additional security hereunder,
Borrower hereby assigns, to Lender the rents of the Propeny, provided dw Borrower shall, prioe to acceleration uDder
paragraph 17 bereof or abandonment of the Propeny, have the rigbt to collecl and retain such rents as they become due and
payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by
judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collecl the
rents of the Propeny including those pasl due. All rents collected by Lender or the nx:eiver shall be applied first
I PENNSVLV ANIA sECOND MORTGAGE I
1-'0 FNMAlFHlMC UNIFORM INSlRUMENT
Pate:J or..
1""'10 Tr!TlJlI.T_
.lnr"O _..... "l0"
Fonn 1839
r"1 n.., ..... '''D''~ ...
10 payment of the costs of management of the Property and collection of rents. includiog, but not limited to, receiver's fees,
premiums on receiver's boods and reasonable attome)'s' fees. and then to the sums secured by this Mortgage. Lender and the
receiver shall be liable to account only for those relUS actually received.
20. Release. Upoo payment of all sums secured by this Mortgage, Lender shall discharge this Mortgage without charge
to Borrower. Borrowershall payancostsofrecorda~ion.~fany. . . __ .'.; _. . _ _ .
21. Inter-eS1 RatE After-Judginerit. . Borrowe'r agret::;.th.al.:l~~..,mi[est cate payab{e afte;- a j<i-ugmt:m b -truerea -Oil ule
Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
.
REQUEST FOR NOTICE OF DEFAULT AND FORECWSURE
UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the bolder of any mortgage, deed of trust or other encumbrance with a lien which bas
priority over this Mortgage to give Notice to Lender, at Lender's address set fonb on page one of this Mortgage, of any
default under the superior encumbtance and of any sale or other foreclosure action.
IN WITNESS WHEREOF. Borrower has executed this Mortgage.
Witnesses:
~~-~,
~o;/ ~ ~
J~1~ GlBA
(Seal)
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(Seal)
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(Seal)
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(Seal)
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COMMONWEALTH OF PENNSYLVANIA,
On Ibis, the It) day of fi!:t3Ru/ll!.:f
JANET E. GIBA
~~--<i
County ss:
. before me, &~ L fWAJ6&IJOO
the undersigned officer, personally appeared
known 10 me (or satisfactorily proven) 10 be the person(s) whose name(s) is/are subscribd 10 the within instrument and
acknowledged that helshe/they executed the same for the purpose berein contained.
IN WITNESS WHEREOF. I bereunlo ser my band and OfliciaJ~seaJi1iW~ ~
My CooptSSlou eXlhit"A(1!Al SEl\L VA '"
CArny L Yatl.\:::'._~>{. 'k'~7 P.,j~lic ~
......,., l-i'" Q.;.. ~" , ,... . . Ti ofOffica-
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&00...1252 FACE 395
I PENNSYI..V ANIA SECOND MORTGAGE
1-JIO JONU"An:lIlUr IINlJlt\VU lNl:.n1tuJ:NT
Pqe"or..
I"'InT.....Tl,nlT
Form JSJ9
.
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SCHEDULE A
]ul TH~T CERTAIN Unlt and the property known, named and identitied
in the Declaration retarre4 to below.. IILaural Uilla North
condo~Jnlu.I". located!n E..t Penneboro Township, Cumberland County.
Pennsylvania, which has her.totor. be.n submitted to the provisions ot
the Pennsylvania Unitora condo.jniu. Act, 68 fa C.S.A. 3101 at .aq.,
by the recording in the Ollice of the Recorder ot Deeds ot C03berland
County ot . Declaration dated April 4, 1989 and recorded April 6, 1989
in the Olliee ot the kacordar ot D..ds ot cu.barland county in
Miscallanaous 8oo~ 362, pag_ 661, being and designated in such
Declaration .. Unit No. 8-12, together with a detached v.rag., bQin~
d..ignated in such Declaration as Unit No. B-12-G, wh!oh 8a14 Unit 1.
mora tully de5crlbed in 54-lel Oeclaration and Plat. and Phns-Sita
Plan, together with proportionate undivided interest in the Common
Blement. (a. detined In .aid Daclaretion) ot S.71\. C~.n~or reserves
the rIght, in accordanoe with .ald DeclaratIon, to reduce and
reallooate Grantee's proportionate undivided interest in the Common
Elements .a provIded 1n the Deo1aration.
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BOOK 1252 rACE 396
"Exhibit C"
.
February 13, 2004
Janet Giba
360 Peppercorn Sq
Enola, PA 17025
RE: Loan #79901304
Mortgage Premises: 3F Southmont Dr
Dear: Janet Giba
Reference is made to a promissory note dated 01/03/95 in which vou promised to pav
the sum of $10,000.00. Reference is also made to a mortgage deed convevlllg t1w dbovl'
premises as security for the note.
You are late in making your monthly payments. The mortgage payment is duc' on thc'
15th of each month and, if unpaid after 15 days after due date, a late charge mav be
added.
As of the date of this letter, the following is due and III dddUIt:
Monthly Payment(s) Due:
Late Charges:
NSF Fees:
Escrow Deficit:
TOTAL AMOUNT NOW DUE:
$12151
:p U.UU
$ 0.00
$ 000
$12151
If you pay the TOTAL AMOUNT NOW DUE (above) by 3:00 p.m. on the 30th day after
the date on which you signed the Postal Receipt card attached to this letter sent by
Certified Mail (or the 30th day after this letter was mailed by first Class 1\-ldiJ if you do
not sign the Postal Receipt card) (the applicable deadline hereafter called the LAST DA Y
FOR PAYMENT) you may continue with the contrad as though \ou werl' not jail'
Payment must be made by cash, certified check, or cashIer's check, in person to tlw
Collections Department 70 Gray Rd, West Falmouth, Maine 04105 or bv mail to the
Collections Department, PD. Box 9547, Portland, Maine 04112-9547. In addition, any
amounts that have become due since the date of this letter must bc' paid in order to curl'
this default. Payments made at another location, or for an amount less than the
TOTAL AMOUNT DUE (above), may be returned to you and may not cure the
default.
"
Janet Glba
360 Peppercorn Sq
Enola, PA 17025
February 13, 2004
Page #2
If you do not cure Ihe default by payment of the amounts due bl' the LAST DA Y FOR
PA YMENT, the Bank will require the immediate pavmpnt in full of thl' l'ntin' IOdn
balance without further notice,. and foreclosure prun.'L'dings will bt' institull'd against
}'uu. Once [on:du,Sufe pn..KL'~Jings arc in.jlitulL'J, YdU \i\,jlJ unl.\" lw ..lbll.' III hdVl' tlh'
proceedings discontinued, and to reinstate your MortgagL', by complying fully with all
the requirements of your Mortgage.
You may have the right in any foreclosure action to assert the nonexistence of a default
or to raise other defenses to the acceleration or foreclosure. If you have anv questions,
please call or write uS promptly.
Pursuant to See 169 of the Housing and Community Dewlopment Act of ]9R7 (nuse
See. 1701x), I wish to inform you of the availability of homeownership counseling.
Please contact uS for the name of the HUD approved counseling agenc)' in your ared.
UNLESS YOU NOTIFY THE UNDERSIGNED WITHIN 30 DA YS AFTER RECEIPT OF
THIS LETTER THAT THE VALIDITY OF YOUR DEBT TO THE BANK, OR ANY
PORTION OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VAllO IF
YOU NOTIFY US WITHIN 30 DA YS OF A DISPUTE, WE WILL OBT AIN
VERIFlCA TION OF THE DEBT AND MAIL IT TO YOU. ALSO, UPON YOUR
WRITTEN REQUEST WITHIN 30 DA YS, WE WILL PROVIDE YOU WITH THE NAME
AND ADDRESS OF THE OR1GINAL CREDITOR, IF D1FFERENT FROM CL:RRLNT
SERVICER.
In order to preclude any misunderstandings, this Ietler is being sent by Certified Mail,
with an executed copy by regular first class mail.
Respectfully,
Retail Collections Department
70 Gray Rd ]-800-742-265]
Falmouth, ME 04105
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-02362 P
'>MMONTWEALTH OF PENNSYLVANIA
JNTY OF CUMBERLAND
BANKNORTH NA
VS
GIBA JANET E
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
GIBA JANET E
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, GIBA JANET E
360 PEPPERCORN SQUARE
~NOLA, PA 17025
360 PEPPERCORN SQUARE ENOLA IS VACANT.
NO FORWARDING ADDRESS ON FILE AT POST OFFICE.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
10.35
5.00
10.00
.00
43.35
---
County
BARLEY SNYDER
06/01/2004
Sworn and subscribed to before me
this 3A-<t. day Of~
:lAo1 A.D.
n. (1~A~'
;;t~otary ,
No. 04-2362
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
OCT 1 Z Z004 f
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
Plaintiff
vs.
No. 04-2362
JANET E. GIBA,
Defendant
PLAINTIFF'S MOTION FOR
SPECIAL ORDER DIRECTING METHOD OF SERVICE
1. Plaintiff filed a Complaint in this matter on or about May 25, 2004, in order to
collect the balance on a Note and a Mortgage dated February 3, 1995 on certain property located
at 3F Southmont Drive n/k/a 360 Peppercorn Square, Township ofPennsboro, Enola,
Cumberland County, Pennsylvania (the "Premises") which is owned by Defendant.
2. At the time the Complaint was filed, Defendant's last known address was the
Premises.
3. On or about May 24, 2004, the Cumberland County Sheriff attempted to serve the
Complaint upon Defendant at the Premises, but was unable to serve Defendant because she could
not be located. A true and correct copy of the Cumberland County Sheriffs Return is attached
hereto as Exhibit "A" and incorporated herein by reference.
4. On or about June 25, 2004, Plaintiff sent a Request for Change of Address or
Boxholder Information (the "Request") to the Postmaster of Enola, Pennsylvania. The Post
Office's response to the Request indicates "No Change of Address on File." A true and correct
copy ofthe Request is attached hereto as Exhibit "B" and incorporated herein by reference.
1274104-1
No. 2003-SU-3343-01
5. Plaintiff retained the services of Schaad Detective Agency, Inc. ("Schaad"), to
i
locate and establish Defendant's current address.
6. According to Schaad, a search for Defendant's current address indicated same the
Premises as her address. A true and correct copy of Schaad's email transmittal is attached hereto
as Exhibit "c" and incorporated herein by reference.
7. Because the Sheriff has not been able, after diligent effort, to serve Defendant and
because Plaintiff has, after diligent effort, verified that the Premises are still the current address
for Defendant, Plaintiff is moving for a special Order of Court allowing for a substituted method
of service.
8. Plaintiff believes and therefore avers that the method, under the circumstances,
that is most reasonably calculated to serve all pleadings or documents requiring personal service,
including the Complaint, Writ of Execution, Notice of Sale and Sheriffs Handbill upon
Defendant is by posting the Premises located at 3F Southmont Drive nlk/a 360 Peppercorn
Square, Township ofPennsboro, Enola, Cumberland County, Pelmsylvania and by mailing by
first class mail with a certificate of mailing to Defendant at the Premises being 3F Southmont
Drive nlk/a 360 Peppercorn Square, Enola, Pennsylvania 17025.
WHEREFORE, Plaintiff respectfully requests that this Court enter an Order,
substantially in the form of the attached proposed Order, permitting service of all pleadings or
documents requiring personal service, including the Complaint, Writ of Execution, Notice of
Sale and Sheriffs Handbill, upon Defendant, Janet F. Giba by posting the Premises located at 3F
Southmont Drive nlk/a 360 Peppercorn Square, Township ofPennsboro, Enola, Cumberland
County, Pennsylvania 17025 and by mailing by first class mail with a certificate of mailing to
1309403- I
No. 2003-SU-3343-01
Defendant at the Premises being 3F Southmont Drive nlk/a 360 Peppercorn Square, Enola,
Pennsylvania 17025.
Date:
~/r ~ '7
I
By:
. Long, Esquire
At eys for Plaintiff
Banknorth, N.A., as Succe
Peoples H(~ritage Savings
Court LD. No. 83774
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1309403- I
"Exhibit l\"
"Exhibit i\"
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-02362 P
~ COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BANKNORTH NA
VS
GIBA JANET E
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
GIBA JANET E
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, GIBA JANET E
360 PEPPERCORN SQUARE
ENOLA, PA 17025
360 PEPPERCORN SQUARE ENOLA IS VACANT.
NO FORWARDING ADDRESS ON FILE AT POST OFFICE.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
10.35
5.00
10.00
.00
43.35
~.
/ ~ R. Thomas Kline
eriff of Cumberland County
BARLEY SNYDER
06/01/2004
Sworn and subscribed to before me
this
day of
A.D.
Prothonotary
"Exhibit B"
126 East King Street
Lancaster, PA 17602-2893
Tel717.299520I Fax 717.291.4660
www.barley.com
Diane E. Ennis, Paralegal
Direct Dial Nnmber: 717399.2165
E-mail: dennis@barley.com
June 25, 2004
To: Postmaster
U. S. Postal Service
Enola, PA 17025
REQUEST FOR CHANGE OF AnDRESS
OR BOXHOLDER INFORMATION
Please furnish the new address for the following individual or verify whether or not the
address given below is one at which mail for this individual is currently being delivered. If the
following address is a post office box, please furnish the street address as recorded on the
boxholder's application form. Also include any address listed on a permanent change of
address order application (Form 3575):
Name (if known) Janet E. Giba
Last Known Address 3F Southmont Drive n/k/a 360 Peppercorn Square
City, State, ZIP Code Enola. PA 17025
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii):
1.
himself) :
Capacity ofrequester (e.g., process server, attorney, party representing
Attornev.
2. The names of all known parties to the litigation: Banknorth. N.A., as Successor bv
Merger to Peoples Heritage Savings Bank vs. Janet E. Giba.
3. The court in which the case has been or will be heard: Cumberland County
Court of Common Pleas.
4. The docket or other identifying number if one has been issued: Cumberland
County CCP Docket No.: 04-2362.
5.
Defendant
The capacity in which the customer is to be served (e.g., defendant or witness):
1288531JDOC
Barley, Snyder, Senft & Cohen, LLC
Lancaster. Yark . Harrisburg. Reading. Bernryn . Hanover. Chambersburg
I
June 25, 2004
Page 2
6. A brief description of the nature of the litigation (e.g., domestic relations,
personal injury, property damage, indebtedness): indebtedness
I certify that the above information is trUe and that the name and/or street address of the
customer is needed and will be used solely for service of legal process in connection with
actual or prospective litigation.
~ ~/ f~~
ignature
Diane E. Ennis. Parale~al
Printed Name
Barley. Snyder. Senft &. Cohen. LLC
Address
126 East King Street
Address
Lancaster. PA 17602-2893
City, State, ZIP Code
FOR POST OFFICE USE ONLY
Name
Street Address
City, State, ZIP Code
~ No change of address on file.
Not known at address given
Moved, left no forwarding address.
No such address.
Postmark
/.---- ,
/.~. "-"
/G"" ~,
- ','
(. ~ '<'r) ,
...- '(~ r,...'O .
,~\~er .'
", s) .
\.^" -
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J 288531-1
"Exhibit C"
Ennis, Diane E
Page 1 ofl
From: Dielta [dietta@schaad.com]
Sent: Thursday, August 05, 20044:20 PM
To: Diane Ennis
Subject: Giba
Janet Giba
SSN 184-38-1836
Still showing address of Southmont and Peppercorn that you supplied with a phone number of 717-732-7270.
Birth year 1946
AKA Leming, Janet
Thanks
dielta Leedy
8/5/2004
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No. 04-2362
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
OCT 1 Z 2004 ~
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
Plaintiff
vs.
No. 04-2362
JANET E. GffiA,
Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am, on this ~ day of September, 2004, serving a
copy of the foregoing Motion for Substituted Service by first class mail, postage pre-paid,
addressed as follows, to the last known address of:
Janet F. Giba
3F Southmont Drive nIkIa
360 Peppercorn Square,
Enola, PAl 7025
BARLEY SNYDER
BY:~~ ~ ~
Diane E. Ennis, Paralegal
For Plaintiff, Banknorth, N.A.,
as Successor by Merger to
Peoples Heritage Savings Bank
126 East King Street
Lancaster, PAl 7602-2893
(717) 299-5201
1309403 JDOC
(')
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C,.)
,-.r.
No. 04-2362
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
Plaintiff
vs.
No. 04-2362
JANET E. GIBA,
Defendant
AND NOW, this
ORDER
/ 2'~ay of (} cib' tA..
, 2004, upon consideration of
Plaintiffs Motion for Special Order Directing Method Of Service, it is hereby ORDERED AND
DECREED, that:
Plaintiff shall be permitted to serve the Complaint and all subsequent pleadings or
documents requiring personal service, including the Writ of Execution, Notice of Sale and
Sheriff's Handbill upon Defendant Janet F. Giba, by posting the Premises located at 3F
Southmont Drive nlk/a 360 Peppercorn Square, Township ofPennsboro, Enola, Cumberland
County, Pennsylvania 17025 and by mailing by first class mail with a certificate of service of
mailing to Defendant at the Premises being 3F Southmont Drive nlk/a 360 Peppercorn Square,
~~: ~t.r'-t
Enola, Pennsylvania I 7025~ ~ P
(2,. Q.e "30(b) (I) .
COURT}
t
J.
1274104-1
l,lNr);-,'- ii/in']
'OJ' 1)"1 g. Il,j^I) ",un'D' Z
'\ ,"i;i;j , ,
..'('-1
_.J
BARLEY SNYDER
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Banknorth, N.A., as Successor by
Mer er to Peoples Heritage Savings Bank
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CNIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger'
to PEOPLES HERIT AGE SAVINGS BANK,
v.
JANET E. GIBA ,
No. 04-2362
Defendant
ACTION IN MORTGAGE FORECLOSURE
PROOF OF SERVICE
I hereby certify that a true and correct copy of the Complaint and Notices to Defend were
served per the Order of Court dated October 18, 2004, permitting Plaintiff to service Complaint
and all subsequent pleadings or documents requiring person service, including the Writ of
Execution upon Defendant, Janet E. Giba by posting the premises located at 360 Peppercorn
Square, Enola, Cumberland County, Pennsylvania 17025 and by mailing by first class mail with
a Certificate of Service of Mailing and Certified Mail. True and correct copies of the Affidavit of
Service, Certificate of Mailing and Certified Mail are attached hereto as Exhibit "A", and
incorporated by reference.
Sworn to and subscribed )
)
before me this ~ l+h day )
)
)
of December, 2004 )
QDO .~,,-~T J) 1 QQOU.oJ;
N tary Public V
BARLEY, SNYDER
~ t ~J~0l
By:
Notarial Seal
JoAnn F. Dilloway, Notary Public
City of Lancaster, Lancaster County
My Commission Expires Dec. 15, 2005
Member, PennsylVania Association of Notaries
Diane E. Ennis, Paralegal
For Plaintiff, Banknorth, N.A.,
as Successor by Merger to
Peoples Heritage Savings Bank:
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1347833 l.DOC
12/14/2004
14: 15
SCHAAD DETECTIUE ~ 17172914550
NO. 375
[)04
No. 04-2362
IN THE COURT OF COMMON PLEAS OF
ClJ1\.1BERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERlT AGE SAVINGS BANK,
Plaintiff
YS.
No. 04-2362
JANET E. GIBA,
..:1.
.
Defendant
ORDER
AND NOW, .this / 2'~ay of () cia / t/L.
. 2004, upon consideration of
PlajntifTs Motion for Special Order Directing Method Of Service, it is hereby ORDERED AND
DECREED, that:
Plaintiff shall be permitted to serve the Complaint and aU subsequent pleadings or
documents requiring personal service, including the Writ of Execution, Notice of Sale and
Sheriffs Handbill upon Defendant Janet F. Giba, by posting the Premises located at 3F
Southmont Drive nlk/a 360 Peppercorn Square, Township ofPennsboro. Enola, Cumberland
County, Pennsylvania 17025 and by mailing by first class mail with 'a certificate of service of
mailing to Defendant at the Premises being 3F Southmont Drive;: n/kIa 360 Peppercorn Square,
~p~~~~
Eno)a, Pennsylvania 17025~
~ &/ '3oC~) (,) ·
J.
1214104-)
"Exhibit A"
12/14/2004
14: 15
SCHAAD DETECTIVE ~ 17172914660
NO. 376
(;103
.~
BARLEY SNYDER
Shawn M. Long, Esquire
Court 1.1), No. 83714
116 East KiQg Street
Lanc:a!ter~ PA 17602
(711) 299.S201
Attornt!ys for Plaintiff
Bilnknorth_ N.A., as Si'lccessor by Merger to
Peo leg Herl," e Savilll!s Balik'
BANKNORTH, N.A.,
$8 Succeasor 'by Merger to
PEOPLBSHBRlT AGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANLA
CML ACTION - LAW
Plaill/ifJ
No, 04-2362
v,
JANET E. GltlA,
Defe71dant
~ ' AFFIDA VIr 010' SERVICE
Name of Scnrer: //~ .Lelt/#~() '7!Z) . undersigned bc;ing duly sworn, deposes and says thlLt III the time of
serJ'iec, he was over the age of twenty-one, was not a party to tbis action;
DawrlJDe of Service: .J LJ-A/D V tP V I /. ~ c' ~ A1f.e'
Pbce orServlee: pIJrttnll' premises loealecllU IF ~outhmont Drive n/}<laJM! PeDPercorn Square. TnwnshiD ofPennsbor-o. Enola. County or
Cumberl.l1d~ell\lS'i1vanla J7025.
DOf.uments Served: the undersigned served the documents described as:
Cl)urt Order. ComplaInt and Notices to Defend:.
Service of Pro~ess on; A trllC and correct copy ofthe aforcsaid documents were served upon:
/Js.'~d ~;...I 4,:01"""'
Person Senre(lllnd Method of Service;
o By personal!)' delivering them into the hands elf the person to be serve<i.
o 'By delivering them into the bands of . II person of suitable ase and
discretion residin~ at the Place of Service, whose relationship to the person co be served
is
~ By POSTING at property
Pucriptlon of Person
llereivin1l DoclllJ\ents~
The person rcceivi.l1g documents is doscribed as follows:
Sex_; Skin Color-: Hair Color_: Facial Hair__
Approx. Agc_; Approx Height ; Approx Weighl:
To the best ormy knowledge and belief, said person was nOI engaged in [he US Military at the time
of Service. .
Signature ef Server:
Undersignecl declares under penal crjury Subscribed und Sworn to before me this
th ho forcgoil1gis true and co ct. -:i...!:.2- day o~ IRJl:Jtt;.,n.. 2004.
5aC ~
~pulic
NOTARIAL SEAL
EDWARD CARL GUMPPER, JR., NOTAR" I~ll~
WEST MANCHESTER TWP" COUNTY m' '10\;
. MV rf1v',41~~(()N 8lPIRFr. /'1~r;F~BfA 9, 2006
,...-.-............. ...., .\.:M....I, t.., '.'..'1'., ....,.........
1338543_1.DClC
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: BARLEY SNYDER (de e) 'y
Attorneys at Law l~ DOWIli b -:;,
126 East King Streett: ~~ ~ \\ ) \\
Lanca. ster, P A 17602-2893 Iii ::: ,; \;~~~\
oq- 3 <( 24- d "'~
One piece of ordinary mall a.g,.J:to:, ,'?.::... llO'4 ;:;; ~ '~f
~ i::~ "0 ~
- -~ ~ '>-.:~;::::; ~.'~
~_o;;r 'J c:.~ ~
It'(.__,,,,''1.-*l\o
--~
PS Form 3817, January 2001
RIIIIIIIIIII~
7J.J.D 3cm. ....1 30U lJ.'II
\
CJ
cr-Agent ....9
o Addressee
DVes ~
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a:
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...
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:;:,
...
.e
:;:,
g,
~
~
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee)
1. Article Addressed to:
Janet E. Giba
360 Peppercorn Square
Enola, P A 17025
DYes .
27409-3 Giba
Diane E. Ennis date: 11/24/04
PS Form 3811, July 2001
Domestic Return Receipt
'.
,
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C'J
C..l -n
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- (. .
BARLEY SNYDER
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
BanknorthJ> N.A., as Successor by
Mer er to Peoples Heritage Savings Bank
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAl'ID COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger'
to PEOPLES HERITAGE SAVINGS BANK,
v.
JANET E. GIBA ,
No. 04-2362
Defendant
ACTION IN MORTGAGE FORECLOSURE
PROOF OF SERVICE
I hereby certify that a true and correct copy of the Complaint and Notices to Defend was
served per the Order of Court dated October 18, 2004, permitting Plaintiff to service Complaint
and all subsequent pleadings or documents requiring personal service, including the Writ of
Execution upon Defendant, Janet E. Giba by publishing notice pursuant to Pa. 430, that I had the
notices published in The Sentinel on November 17, 2004 and in the Cumberland County Law
Journal on November 19, 2004, 2004. True and correct copies of the Affidavits of Publication
are attached hereto as Exhibit "A", and incorporated by reference.
Sworn to and subscribed )
)
before me this {1 ~{-h day )
)
)
of December, 2004 .)
QoQ~F-r.l1,OQd~
otary Public - ())
BARLEY, SNYDER
By: CC~ e fJ;~~\O 1
Diane E. Ennis, Paralegal
For Plaintiff, Banknorth, N.A.,
as Successor by Merger to
Peoples Heritage Savings Bank
L26 East King Street
Lancaster, P A 17602-2893
(717) 299-5201
Notarial Seal
JoAnn F. Dilloway, Notary Public
City of Lancaster, Lancaster County
My Commission Expires Dec. IS. 200S
Member, Pennsylvania Association otNotaries
1347841-1
12/14/2004
14: 15
SCHAAD DETECTIVE ~ 17172914660
NO. 376
[;104
..
No. 04-2362
~@(P)W
IN THE COURT OF'COMMON PLEAS OF
ClJ1.1BERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERI! AGE SAVINGS BANK,
Plaintiff
VS.
No. 104-2362
JANET E. GIBA,
..:i.
.
Defendant
AND NOW, .this
ORDER
/i~aYOf {)cib/t/L
. 2004, upon consideration of
PJajntifrs Motion for Special Order Directing Method OfServicc~, it is hereby ORDERED AND
DECREED, that:
Plaintiff shall be permitted to serve the Complaint and all subsequent pleadings or
documents requiring personal service, including the Writ of Execution, Notice of Sale and
Sheriff's Handbill upon Defendant Janet F. Giba, by posting the Jf>remises located at 3F
Southmont Drive nlk/a 360 Peppercorn Square, Township ofPennsboro, Enola, Cumberland
County, Pennsylvania 17025 and by mailing by first class mail with 'a certificate of service of
mailing to Defendant at the Premises being 3F Southmont Drivenlkla 360 Peppercorn Square.
~ p~":' --.-... ~
Bnola, Pennsylvania 17025~
~ t( ;O(l?) (. ) .
J.
1214104-1
"Exhibit A"
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker, Classified Sales Manager, of The Sentinel, of the County and State
aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation in the Borough of Carlisle, County and State aforesaid, was
established December 13th, 1881, since which date THE SENTINEL has been regularly
issued in said County, and that the printed notice or publication attached hereto is
exactly the same as was printed and published in the regular editions and issues of
THE SENTINEL on the following date(s)
November 16,2004
COPY OF NOTICE OF PUBLICATION
.HQIK;&
IN THE COURT OF OOMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
fYo;;f4-2301
ActIoIUn~ Forecloaure
BANKHOA1H; N:A.,.. Succtls$OrbyM8fgei'to
PEOPLES HERITAGE SAVINGS BANk,
Plaintiff
vs.
JANET E. GIBA,
Defendant
tAttICa
Ta: Janet E. Glba
YOll818 hereby nollfled that an May'2!l. aoo4.. Plaintiff. ~rttl, I'M" 8lI &.lccesaor
=rr1D~HerIlII.S"'" SIItiIk, flied 8 Complalnt~ wtlh a
pen~~l~t&;~ClmlnOtI~-=::::=.g~
under a Notlt and.~ on proprlrly ..... at 3F SouttlmontOrlYe n/lCIa
Peppen>>m Sauare.T01intihip of Pennaboro, Enola, OumberlendCounty.
PennIy\Y8nJa 17<>25.
SInbe your current "'.nMboUts are unknawn. the Court by Order dated October 18,
2004. ardered Il9t1ce of saki faol$ and the filing af the Complaint to be served upan
yau as provided by Pa. R.C.P.430(b).
....
You ar.utereby notified ta plead to the above referenced Complaint an or before 20
OAYS Miiii'1h4i a. of;_~r~.lIt_ W oIIQnItt ag&Jrmyov.
If you wish to defend, you must enter a wrttten ~per8Ol'l8IIj pr by _mey,
and _you!' defen$es or obtlge.tlclf18 in writInQ with ~Qourt. You Ih wameet that If
,.. to dO~, the cue may pR:lQeed Wllhout'YOll and a tedaement may ba ectter8CI
ageJnat you WiIhoatful1hel'~for. relet requested by the PlaIntiff. Yau may
"1llOI18y or property or Other rights impOrtant to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IFYOU DO NOT
HAVE A LAWYER. 00 TO OR TELEPHONE THeOFFIOESET FORTH BELOW.
THI$ OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IFYOU Of\NfJK)T AFFORD TO HIfIEA LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU ,WJJHINFORMATION ABOUT AGeNCIES THAT. MAY OFFER
lEGAlSERVtOES.TO E1I61BLEPEASONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
2 liberty Avenue
carIlsIe. PA 17013
Telephane: (711) 249-3166
Shawn M. Long, EsQuire
BARLEY SNYOER
126 East I:'ing Street
Lancaster, PA 17602-2893
(111) 299-5201
Affiant further deposes that he/ she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
pub' cation are true.
Sworn to and subscribed before me this
17th day of November, 2004
UU!JVA a.) 1f. If ~
Notary Pu c
My commission expires: q )1 /00
COMMONWEALTH OF PENNSYLVANIA
~ Notarial Seal
ChrisUna L. ware, Notary Public
Carlis/o!l Bom, Cumberland County
My Commission Expires Sepl1, 2008
Member, Pennsvlvania Associatian Of Nataries
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 192:9), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, ofthe County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
NOVEMBER 19, 2004
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
f) I}
\)Lt ~
isa Marie <?oyne, Editor
I
'--
SWORN TO AND SUBSCRIBED before me this
19 day of NOVEMBER, 2004
, ,
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action-Law
No. 04-2362
BANKNORlli, N.A.. as
Successor by Merger to
PEOPLES HERITAGE
SAVINGS BANK,
Plain tiff
vs.
JANET E. GIBA,
Defendant
ACTION IN MORTGAGE
FORECLOSURE
NOTICE
To: Janet E. Giba
You are hereby notified that on
May 25, 2004, Plaintiff. Banknorth.
N.A.. as Successor by Merger to
Peoples Heritage Savings Bank, filed
a Complaint endorsed with a Notice
to Defend against you in the Court
of Common Pleas of Cumberland
County. Pennsylvania, docketed to
No. 04-2362, wherein Plaintiff seeks
to enforce its lights under a Note and
a Mortgage on property located at
3F Southmont Dlive. n/k/a 360 Pep-
percorn Squire, Township of Penns-
boro. Enola. Cumberland County.
Pennsylvania 17025.
Since your current whereabouts
are unknown, the Court by Order
dated October 18. 2004, ordered
notice of said facts and the filing of
the Complaint to be served upon you
as provided by Pa. RC.P. 430(b).
You are hereby notified to plead
to the above referenced Complaint
on or before 20 DAYS from the date
of this publication or Judgment will
be entered against you.
If you wish to defend. you must
enter a written appearance person-
ally or by attorney, and file your
defenses or obligations in writing
with the Court. You are warned that
if you fail to do so, the case may
proceed without you and a judgment
may be entered against you without
further notice for the relief re-
quested by the Plaintiff. You may
lose money or property or other
rights important to you.
YOU SHOULD TAKE lliIS NO-
TICE TO YOUR U\.WYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OF-
FICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU Willi
INFORMATION P.BOUT HIRING A
LAWYER
IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT
AGENCIES TIfAT MAY OFFER LE-
GAL SERVICES TO ELIGIBLE PER-
SONS AT A REDUCED FEE OR NO
FEE.
Lawyer Referral Service
Cumberland County
Bar Association
2 Liberty Avenue
Carlisle. PA 1';'013
Telephone: (7] 7) 249-3166
SHAWN M. LONG, ESQUIRE
BARLEY SNYDER
126 East Kmg Street
Lancaster, PA 17602-2893
(717) 299-520 I
Nov. 19
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No. 04-2362
ORIGIN,Al
BARLEY SNYDER
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYL V ANlA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger ,
to PEOPLES HERIT AGE SAVINGS BANK,
v.
No. 04-2362
JANET E. GIBA ,
ACTION IN MORTGAGE FORECLOSURE
Defendant
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff, Banknorth, N.A., as Successor by Merger to
Peoples Heritage Savings Bank and against Defendant, Janet E. Giba for want of an answer:
(X) Assess damages as follows:
Principal Balance ....................................................................$8,92 1.53
Interest through 04/07/04
at a rate of$L34 per diem .......................................................... 8.04
Fees DueIBPO..................... .........................................................100.00
Attorneys' Fees .................................................................. 3.000.00
Total.....................................................................................$12,029.57
plus continuing interest after April 7, 2004 at a rate of$L34 per diem, plus
continuing late charges and costs.
(X) I certify that the foregoing assessment of damages is for specified amounts alleged
to be due in the complaint and is calculable as a sum certain from the complaint.
No. 04-2362
() Pursuant to Pa. R.C.P. g237 (notice of praecipe for final judgment or decree), I
certify that a copy of this praecipe has been mailed to each other party who has appeared in the
action or to his/her Attorney of Record.
(X) Pursuant to Pa. R.C.P. 9237.5, I certify that written notice of the intention to file
this praecipe was mailed or delivered to the party against whom judgment is to be entered and
to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to
the date of the filing of this praecipe and a copy of the notice is attached:
Date:
t~(~7/bL
By:
BARLEY S
to
NOW,<-
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126 East King Street
Lancaster, PA 17602
(71 7) 299-5201
-..s
, 200,1t JUDGMENT IS ENTERED AS ABOVE.
Prothonotary/Clerk, Civil Division
BK ~~ -{?'~'ri~u~~
BARLEY SNYDER
Shawn M. Long, Esquire
Court 1.0. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger.
to PEOPLES HERITAGE SAVINGS BANK,
v.
No. 04-2362
JANET E. GIBA ,
ACTION IN MORTGAGE FORECLOSURE
Defendant
PROOF OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF LANCASTER
Diane E. Ennis, Paralegal, being sworn according to law, deposes and says that she
served a true and correct copy of the IO-day Default Notice upon Janet E. Giba, 360 Peppercorn
December 17,2004, at 5:00 p.m.
Square, Enola, P A 17025 by mailing the same to her first class mail with postal form 3817 on
Dj,ON'-~-
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Diane E. Ennis, Paralegal
Barley, Snyder, Senft & Cohen, LLC
126 E. King Street
Lancaster, P A 17602-2893
(717) 299-5201
Sworn to and subscribed
before me this ::/1 -1-11 day of
December, 2004
\]()o ~ JTJl...A QOfiu 0 '0
N tary Public
My Commission Expires:
Nolarial Seal
JoAnn F. DiJloway, Notary Public
City of Lancaster, Lancaster County
My Commission Ex-pires Dec. 15. 2005
Member, Pennsv1vanlaAssociationof Notaries
1347806-1
No. 04-2362
BARLEY SNYDER
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
BANKNORTH, NA, as Successor by Merger. COURT OF COMMON PLEAS OF
to PEOPLES HERITAGE SAVINGS BANK, CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
v.
No. 04-2362
JANET E. GIBA,
ACTION IN MORTGAGE FORECLOSURE
Defendant
TO:
Janet E. Giba
360 Peppercorn Square
Enola, PAl 7025
DATE OF NOTICE: December 17, 2004
IMPORTANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HA VE 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 (l 0) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone: (717) 249-3166
By:
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1345635-1
R,ee'"dF,o"" BARLEY SNYDER (dee)
Attorneys at Law
126 East King Street
Lancaster, P A 17602-2893
One piece ofordinaty mail ez edQo?- 3
CERTIFICATE OF MAILING
u.s. POSTAL SERVICE
MAY BE USED FOR DOMESTIC AND INTERNATIONAl MAll, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
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No. 04-2362
ORIGINAL
BARLEY SNYDER
Shawn M. Long, Esquire
Conrt I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
BANKNORTH, N.A., as Successor by Merger.
to PEOPLES HERIT AGE SAVINGS BANK,
v.
No. 04-2362
JANET E. GIBA,
ACTION IN MORTGAGE FORECLOSURE
Defendant
CERTIFICATE OF RESIDENCE
I, Shawn M. Long, attorney for Plaintiff, Banknorth, N .A., as Successor by Merger to
Peoples Heritage Savings Bank hereby certify that to the best of my knowledge, information and
belief:
The precise address of Plaintiff is 70 Gray Road, Falmouth, Maine 04105..
The last known address of Defendant, Janet E. Giba is 360 Peppercorn Square, Enola,
Pennsylvania 17025.
Dated:
By:
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No. 04-2362
BARLEY SNYDER
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
BANKNORTH, N.A., as Successor by Merger to to
PEOPLES HERIT AGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
v.
No. 04-2362
JANET E. GIBA ,
ACTION IN MORTGAGE FORECLOSURE
Defendant
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared
Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say that Janet E.
Giba, Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is
unknown; Present place of employment is unknown; Present place of Residence is 360 Peppercorn
Square, Enola, P A 17025, as of the date of this affidavit.
ADDITIONAL FACTS, ifany.
Affidavit based upon representations of Plaintiff
Date:
(?/ ~ Z7 flti
By:
126 East King Street
Lancaster, P A 17602-2893
~ (717)299-5201
Sworn and subscribed to before me this day ofDe75m~, 2004.
[JjM€ C' tlAAJJ
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Diane E Ennis, Notary Public
City Of Lancaster, Lancaster County
My Commission Expires fv\ar. 8. 2008
Member, Pennsylvania Association Of Notaries
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BARLEY SNYDER, LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
BANKNORTH, N.^-, as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
Plaintiff
v.
JANET E. GIBA,
Defendant
No. 04-2362
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 04-2362
ACTION IN MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary: Kindly issue a Writ of Execution in the above matter:
Principal
Interest to 04/07/04
Fees Due/BPO
Attorneys' Fees
TOTAL:
By:
1364645- 1
$ 8,921.53
$ 8.04
$ 100.00
$ 3,000.00
$12,029.57
ssor by
ge Savings Bank
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debI, interest and costs due BANKNORTH, N.A. AS SUCCESSOR BY MERGER
NO 04-2362 Civil
CIVIL ACTION - LAW
TO PEOPLES HERIT AGE SAVINGS BANK, Plaintiff (s)
From JANET E. GIBA
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendam (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property ofIhe defendam(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $12,029.57
Interest -----
LL $.50
Atty's Comm %
Atty Paid $125.35
Plaintiff Paid
Date: FEBRUARY 25, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothonotary
~O~ n - [J 7f(J?/Vh r
Deputy
REQUESTING PARTY:
Name SHAWN M. LONG, ESQUIRE
Address: BARLEY SNYDER, LLC
126 EAST KING STREET
LANCASTER, PA 17602-2893
Attorney for: PLAINTIFF
Telephone: 717-299-5201
Supreme Court lD No. 83774
No. 04-2362
BARLEY SNYDER, LLC
Shawn M. Long, Esqnire
Court J.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
No. 04-2362
v.
ACTION IN MORTGAGE FORECLOSURE
JANET E. GIBA,
Defendant
AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE
MILITARY SERVICE, PURSUANT TO "SOLDIERS
AND SAILORS" CIVIL RELIEF ACT OF 1918. RE-ENACTED 1940
LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared
Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say that Janet E.
Giba, Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is
unknown; Present place of employment is unknown; Present place of Residence is 360 Peppercorn .
Square, Enola, PA 17025, as of the date of this affidavit
ADDITIONAL FACTS, ifany.
Affidavit based upon representations ofPlaintif[
Date:
z (IG 10'('
By:
//
y
Sha M. Long, Esquire
orneys for Plaintiff
Banknorth, N.A., as Succ
Peoples Heritage Savi
Court LD. No. 837
126 East King Street
Lancaster, P A 17602-2893
(717) 299-5201
Sworn and subscribed to before me this If-+l day ofFebrua3' 2005.
O~~.. P CreJ'rLuO
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
1364645-1 o;ane E. Ennis. Notary Public
City Of Lancaster. ~ncaster County
My Commission Expires Mar. 8, 2008
Member, PeDnsv1vani;:; AS';(\(",iat:Ni 01 Nctaries
..
No. 04-2362
BARLEY SNYDER, LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
BANKNORTH, N.^-, as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
No. 04-2362
v.
ACTION IN MORTGAGE FORECLOSURE
JANET E. GIEA,
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
Banknorth, N.^-, as Successor by Merger to Peoples Heritage Savings Bank, 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 3F Southmont Drive n/k/a 360
Peppercorn Square, Enola, Pennsylvania 17025.
1. Name and address of owner(s) or reputed owner(s):
Janet E. Giba
360 Peppercorn Square
Enola, PAl 7025
2. Name and address of defendant( s) in the judgment:
Janet E. Giba
360 Peppercorn Square
Enola, PAl 7025
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be so I d:
Banknorth, N.^-
70 Gray Road
Falmouth, Maine 07405
VNB Mortgage Services, Inc.
1460 Valley Road
Wayne, NJ 07470
1364645- 1
..
No. 04-2362
Starkey Laboratories, Inc.
World Headquarters
6700 Washington Avenue South
Eden Prairie, MN 55344
American Hearing Aid Associates, Inc.
289 Lancaster Avenue
Malvern, PA 19355
American Hearing Aid Associates, Inc.
289 Lancaster Avenue
Malvern, PA 19355
Laurel Hills Homeowners Association
101 Old Schoolhouse Lane
Mechanicsburg, PAl 7055
Laurel Hills North
Homeowners Association
P.O. Box 3831
York,PA 17402
Laurel Hills North
Condominium Association
P. O. Box 233
Hummelstown, P A 17036
4. Name and address of the last recorded holder of every mortgage of
record:
Banknorth, N.A.
70 Gray Road
Falmouth, Maine 07405
VNB Mortgage Services, Inc.
1460 Valley Road
Wayne, NJ 07470
5. Name and address of every other person who has any record lien on the property:
None known to Plaintiff at this time.
1364645-1
~
No. 04-2362
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None known to Plaintiff at this time.
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Commonwealth of Pennsylvania
Dept. of Revenue
Bureau of Compliance
7th Floor
Strawberry Square
Harrisburg, PA 17128-0101
Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
1364645-1
>
No. 04-2362
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 17 Pa. C.S. Section 4904 relating to unsworn falsification to
Date:
2///t" h 5"
, I
awn M. Long, Esquire/
laintifr s Attorney / ,
Court LD. No. 8377
authorities.
126 E. King Stre
Lancaster, PAl 602-2893
(717) 299-5201
1364645- 1
...
No. 04-2362
BARLEY SNYDER, LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
BANKNORTH, N.^-, as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
No. 04-2362
Y.
ACTION IN MORTGAGE FORECLOSURE
JANET E. GIBA,
Defendant
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO:
Janet E. Giba
360 Peppercorn Square
Enola, P A 17025
Your house (real estate) at 3F Southmont Drive n/k/a 360 Peppercorn Square, Enola,
Township ofPennsboro, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs
Sale on June 8, 2005 at 10:00 a.m., by the office of the Cumberland County Sheriff located at
1 Courthouse Square, Carlisle, P A 17013, Pennsylvania to enforce the court judgment of
$12,029.57 obtained by Banknorth, N.^-, as Successor by Merger to Peoples Heritage Savings
Bank, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Banknorth, N.^-, as Successor by Merger
to Peoples Heritage Savings Bank (the amount of the judgment plus costs)(the back payments,
1364645- 1
,
No. 04-2362
late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may
call Shawn M. Long, Esquire at (717) 299-5201.
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 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 below to find out how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff s Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price by calling the Sheriff ofCwnberland County, at (717) 240-
6390.
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 the Sheriff of Cwnberland County, at
(717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner ofthe property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
1364645- 1
.
No. 04-2362
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 on or about
July 8, 2005. This schedule will state who will be receiving the 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 July 8, 2005.
7. You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone Number: (717) 249-3166
1364645-1
BARLEY SNYDER, LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, PA 17602
(717) 299-5201
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERlT AGE SAVINGS BANK,
Plaintiff
Y.
JANET E. GIBA,
Defendant
No. 04-2362
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
No. 04-2362
ACTION IN MORTGAGE FORECLOSURE
NOTICE PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage,
judgment or tax liens against the real estate of Janet E. Giba, 3F Southmont Drive n/kIa 360
Peppercorn Square, Enola, Pennsylvania, 17025.
Banknorth, N.A.
70 Gray Road
Falmouth, Maine 07405
VNB Mortgage Services, Inc.
1460 Valley Road
Wayne, NJ 07470
Starkey Laboratories, Inc.
World Headquarters
6700 Washington Avenue South
Eden Prairie, MN 55344
1364645-1
.
No. 04-2362
American Hearing Aid Associates, Inc.
289 Lancaster Avenue
Malvern, PA 19355
Laurel Hills Homeowners Association
101 Old Schoolhouse Lane
Mechanicsburg, P A 17055
Laurel Hills North
Homeowners Association
P.O. Box 3831
York, PA 17402
Laurel Hills North
Condominium Association
P. O. Box 233
Hummelstown, P A 17036
Cumberland Count Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Commonwealth of Pennsylvania
Dept. of Revenue
Bureau of Compliance
7th Floor
Strawberry Square
Harrisburg, PA 17128-0101
Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
You are hereby notified that on Wednesday, June 8, 2005, at 10:00 a.m., prevailing time,
by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, on the judgment of Banknorth, N.^-, as Successor by Merger to Peoples
Heritage Savings Bank VS. Janet E. Giba, No. 04-2362 the Sheriff of Cumberland County,
Pennsylvania will expose at Public Sale at 1 Courthouse Square, Carlisle, PA 17013,
Cumberland County, Pennsylvania, real estate of Janet E. Giba, known and numbered as 3F
Southmont Drive n/k/a 360 Peppercorn Square, Enola, Township of Pennsboro, Cumberland
County, Pennsylvania 17025. A description of said real estate is hereto attached.
1364645- 1
.
No. 04-2362
You are further notified that a Schedule of Proposed Distribution will be filed by the
Sheriff of Cumberland County of July 8, 2005, and distribution will be made in accordance with
the Schedule unless exceptions are filed thereto within ten (10) days thereafter.
You are further notified that the lien you hold against said real estate will be divested by
the sale and that you have an opportunity to protect your interest, if any, by being notified of said
Sh,riffS~,. ,/ "7~ij
Date: Z /ftu !o~ f/ j/t
I / S)1awn . Long, EsquiW
jAtto ey for Plaintiff, ,
Court I.D. No. 8377
126 East King St eet
Lancaster, PAl 7602-2893
(717) 299-5201
1364645- 1
No. 04-2362
ALL that certain Unit and the property known, named and identified in the Declaration referred
to below as "Laurel Hills North Condominium I", located in East Pennsboro Township,
Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the
Pennsylvania Uniform Condominium Act, 68 Pa C.S.A. 3101 et seq., by the recording in the
Office of the Recorder of Deeds of Cumberland County of a Declaration dated April 4, 1989 and
recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in
Miscellaneous Book 362, Page 661, being and designated in such Declaration as Unit No. B-12,
together with a detached garage, being designated in such Declaration as Unit No. B-12-G,
which said Unit is more fully described in said Declaration and Plats and Plans-Site Plan,
together with proportionate undivided interest in the Common Elements (as defined in said
Declaration) of 5.71 % . Grantor reserves the right, in accordance with said Declaration, to
reduce and reallocate Grantee's proportionate undivided interest in the Common Elements as
provided in the Declaration.
UNDER AND SUBJECT to conditions, restrictions, rights-of-way, and set backs as shown on
Final Subdivision Plan for Laurel Hills North, dated June 26, 1987 and recorded in the Office of
the Recorder of Deeds of Cumberland County in Plan Book 54, Page 30 and Plats and Plans-Site
Plan, dated March 21, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland
County in Plan Book 57, Page 126.
TOGETHER with all the streets, ways, water, watercourses, rights, liberties, privileges,
Hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining,
and the reversions and remainders, rents, issues and profits thereof; and all of the estate, right,
title, interest, property, claim and demand whatsoever of said Grantor, in law, equity or
otherwise howsoever, of, in and to the same and every part thereof.
TO HAVE AND TO HOLD the said Unit, to include the detached garage, above-described, and
Hereditaments and Premises hereby granted or mentioned and intended so to be, with the
appurtenances unto the said mentions and intended so to be, with the appurtenances unto the said
Grantee, their heirs and assigns, to and for the only proper use and behalf of the said Grantee,
their heirs and assigns forever.
IT BEING the same premises which Cyril Fyrster and Winifred V. Fyrster, husband and wife,
by deed dated June 13, 1994 and recorded June 14, 1994 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Record Book 106, Page 1017, granted and
conveyed unto Janet E. Giba, Grantor herein
Tax Map No.: 09-14-0835-082
SEIZED IN EXECUTION as the property of Janet E. Giba, on Judgment No. 04-2362.
1364645- 1
No. 04-2362
BARLEY SNYDER, LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, P A 17602
(717) 299-5201
BANKNORTH, N.A., as Successor by Merger
to PEOPLES HERIT AGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
No. 04-2362
v.
ACTION IN MORTGAGE FORECLOSURE
JANET E. GIBA,
Defendant
NOTICE OF SHERIFF'S SALE
TO: All Parties in Interest and Claimants
OWNER(S):
Janet E. Giba
PROPERTY:
3F Southmont Drive n/k/ a 360 Peppercorn Square
Township of Pennsboro,
COUNTY:
Cumberland County, Pennsylvania
The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 8,
2005 at 10:00 a.m. at 1 Courthouse Square, Carlisle, PA 17013, Pennsylvania. Our
records indicate that you may hold a mortgage or judgment on the property which may
be extinguished by the sale. You rnay wish to attend the sale to protect your interest.
A schedule of distribution will be filed by the Sheriff an a date specified by the
Sheriff not later than 30 days after the sale. Distribution will be made in accordance
with the schedule unless exceptions are filed thereto within 10 days after the filing of
the schedule.
Sincerely,
1364645- I
BankNorth, N.A.
VS
Janet E. Giba
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-2362 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Shawn M. Long.
Sherifr s Costs:
Docketing
Surcharge
Poundage
Levy
Share of Bills
Law Library
Prothonotary
30.00
20.00
1.66
15.00
16.47
.50
1.00
$ 84.63
Sworn and subscribed to before me
This ~~ day of ~
2005, A.D. ~ ()~
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Prothonotary
,So ~J,W~ ~
/~~ -r..e.
R. Thomas Kline, Sheriff
BY ,-~I Jt~5~dh
Re Estate rgeant
4 1.5l>
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No. 04-2362
BARLEY SNYDER, LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, P A 17602
(717) 299-5201
BANKNORTIl, N.A., as Successor by Merger
to PEOPLES HERlTAGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
No. 04-2362
v.
ACTION IN MORTGAGE FORECLOSURE
JANET E. GIBA,
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
Banknorth, N.A., as Successor by Merger to Peoples Heritage Savings Bank, plaintiff in
the above action, sets forth as of the date the praecipe for the writ of execution was tiled the
following information concerning the real property located at 3F Southmont Drive nIkIa 360
Peppercorn Square, Enola, Pennsylvania 17025.
L Name and address of owner(s) or reputed owner(s):
Janet E. Giba
360 Peppercorn Square
Enola, P A 17025
2. Name and address of defendant(s) in the judgment:
Janet E. Giba
360 Peppercorn Square
Enola, PAl 7025
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Banknorth, N.A.
70 Gray Road
Falmouth, Maine 07405
VNB Mortgage Services, Inc.
1460 Valley Road
Wayne, NJ 07470
1364645- 1
-
No. 04-2362
Starkey Laboratories, Inc.
World Headquarters
6700 Washington Avenue South
Eden Prairie, MN 55344
American Hearing Aid Associates, Inc.
289 Lancaster Avenue
Malvern, PA 19355
American Hearing Aid Associates, Inc.
289 Lancaster A venue
Malvern, PA 19355
Laurel Hills Homeowners Association
101 Old Schoolhouse Lane
Mechanicsburg, PAl 7055
Laurel Hills North
Homeowners Association
P.O. Box 3831
York, PA 17402
Laurel Hills North
Condominium Association
P. O. Box 233
Hummelstown, PAl 7036
4. Name and address of the last recorded holder of every mortgage of
record:
Banknorth, NA
70 Gray Road
Falmouth, Maine 07405
VNB Mortgage Services, Inc.
1460 Valley Road
Wayne, NJ 07470
5. Name and address of every other person who has any record lien on the property:
None known to Plaintiff at this time.
1364645- 1
No. 04-2362
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None known to Plaintiff at this time.
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PAl 7013
Commonwealth of Pennsylvania
Dept. of Revenue
Bureau of Compliance
7th Floor
Strawberry Square
Harrisburg, PA 17128-0101
Internal Revenue Service
Federated Investors Tower
Thirteenth Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh,PPl 15222
1364645- 1
-~
No. 04-2362
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 17 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
126 E. King Stre
Lancaster, PAl 602-2893
(717) 299-5201
Date: 2/((P 10 -s--
!
1364645-1
No. 04-2362
ALL that certain Unit and the property known, named and identified in the Declaration referred
to below as "Laurel Hills North Condominium I", located in East Pennsboro Township,
Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the
Pennsylvania Uniform Condominium Act, 68 Pa C.S.A. 3101 et seq., by the recording in the
Office of the Recorder of Deeds of Cumberland County of a Declaration dated April 4, 1989 and
recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in
Miscellaneous Book 362, Page 661, being and designated in such Declaration as Unit No. B-I2,
together with a detached garage, being designated in such Declaration as Unit No. B- I2-G,
which said Unit is more fully described in said Declaration and Plats and Plans-Site Plan,
together with proportionate undivided interest in the Common Elements (as defined in said
Declaration) of 5.71 %. Grantor reserves the right, in accordance with said Declaration, to
reduce and reallocate Grantee's proportionate undivided interest in the Common Elements as
provided in the Declaration.
UNDER AND SUBJECT to conditions, restrictions, rights-of-way, and set backs as shown on
Final Subdivision Plan for Laurel Hills North, dated June 26, 1987 and recorded in the Office of
the Recorder of Deeds of Cumberland County in Plan Book 54, Page 30 and Plats and Plans-Site
Plan, dated March 21, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland
County in Plan Book 57, Page 126.
TOGETHER with all the streets, ways, water, watercourses, rights, liberties, privileges,
Hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining,
and the reversions and remainders, rents, issues and profits thereof; and ail of the estate, right,
title, interest, property, claim and demand whatsoever of said Grantor, in law, equity or
otherwise howsoever, of, in and to the same and every part thereof.
TO HAVE AND TO HOLD the said Unit, to include the detached garage, above-described, and
Hereditaments and Premises hereby granted or mentioned and intended so to be, with the
appurtenances unto the said mentions and intended so to be, with the appurtenances unto the said
Grantee, their heirs and assigns, to and for the only proper use and behalf of the said Grantee,
their heirs and assigns forever.
IT BEING the same premises which Cyril Fyrster and Winifred V. Fyrster, husband and wife,
by deed dated June 13, 1994 and recorded June 14, 1994 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Record Book 106, Page 1017, granted and
conveyed unto Janet E. Giba, Grantor herein
Tax Map No.: 09-14-0835-082
SEIZED IN EXECUTION as the property of Janet E. Giba, on Judgment No. 04-2362.
1364645- I
No. 04-2362
BARLEY SNYDER, LLC
Shawn M. Long, Esquire
Court I.D. No. 83774
126 East King Street
Lancaster, P A 17602
(717) 299-5201
BANKNORlli, N.A., as Successor by Merger
to PEOPLES HERITAGE SAVINGS BANK,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
No. 04-2362
v.
ACTION IN MORTGAGE FORECLOSURE
JANET E. GIBA,
Defendant
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO:
Janet E. Giba
360 Peppercorn Square
Enola, PAl 7025
Your house (real estate) at 3F Southrnont Drive n/kIa 360 Peppercorn Square, Enola,
Township ofPennsboro, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs
Sale on June 8, 2005 at 10:00 a.m., by the office of the Cumberland County Sheriff located at
1 Courthouse Square, Carlisle, PAl 7013, Pennsylvania to enforce the court judgment of
$12,029.57 obtained by Banknorth, N.A., as Successor by Merger to Peoples Heritage Savings
Bank, against you.
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 canceled if you pay to Banknorth, N.A., as Successor by Merger
to Peoples Heritage Savings Bank (the amount of the judgment plus costs)(the back payments,
1364645- I
No. 04-2362
late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may
call Shawn M. Long, Esquire at (7 I 7) 299-520 I.
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 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 below to find out how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VB OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-
6390.
2. You maybe 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 the Sheriff of Cumberland County, at
(717) 240-6390.
4. Ifthe amonnt due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amonnt 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.
1364645- I
No. 04-2362
6. You maybe 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 on or about
July 8,2005. This schedule will state who will be receiving the 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 July 8, 2005.
7 . You may also have other rights and defenses, or ways of getting your house back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, P A 17013
Phone Number: (717) 249-3166
1364645-1
No. 04-2362
ALL that certain Unit and the property known, named and identified in the Declaration referred
to below as "Laurel Hills North Condominium I", located in East Pennsboro Township,
Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the
Pennsylvania Uniform Condominium Act, 68 Pa C.S.A. 3101 et seq., by the recording in the
Office of the Recorder of Deeds of Cumberland County of a Declaration dated April 4, 1989 and
recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in
Miscellaneous Book 362, Page 661, being and designated in such Declaration as Unit No. B-12,
together with a detached garage, being designated in such Declaration as Unit No. B-12-G,
which said Unit is more fully described in said Declaration and Plats and Plans-Site Plan,
together with proportionate undivided interest in the Common Elements (as defined in said
Declaration) of 5.71 %. Grantor reserves the right, in accordance with said Declaration, to
reduce and reallocate Grantee's proportionate nndivided interest in the Common Elements as
provided in the Declaration.
UNDER AND SUBJECT to conditions, restrictions, rights-of-way, and set backs as shown on
Final Subdivision Plan for Laurel Hills North, dated June 26, 1987 and recorded in the Office of
the Recorder of Deeds of Cumberland County in Plan Book 54, Page 30 and Plats and Plans-Site
Plan, dated March 21, 1989 and recorded in the Office of the Recorder of Deeds of Cumberland
County in Plan Book 57, Page 126.
TOGETHER with ail the streets, ways, water, watercourses, rights, liberties, privileges,
Hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining,
and the reversions and remainders, rents, issues and profits thereof; and all of the estate, right,
title, interest, property, claim and demand whatsoever of said Grantor, in law , equity or
otherwise howsoever, of, in and to the same and every part thereof.
TO HAVE AND TO HOLD the said Unit, to include the detached garage, above-described, and
Hereditaments and Premises hereby granted or mentioned and intended so to be, with the
appurtenances unto the said mentions and intended so to be, with the appurtenances nnto the said
Grantee, their heirs and assigns, to and for the only proper use and behalf of the said Grantee,
their heirs and assigns forever.
IT BEING the same premises which Cyril Fyrster and Winifred V. Fyrster, husband and wife,
by deed dated June 13, 1994 and recorded June 14, 1994 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Record Book 106, Page 1017, granted and
conveyed unto Janet E. Giba, Grantor herein
Tax Map No.: 09-14--0835-082
SEIZED IN EXECUTION as the property of Janet E. Giba, on Judgment No. 04-2362.
1364645-1
. .
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-2362 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANKNORTH, N.A. AS SUCCESSOR BY MERGER
TO PEOPLES HERITAGE SAVINGS BANK. Plaintiff (s)
From JANET E. GIBA
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendanI(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 helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $12,029.57
Interest -----
Atty's Comm %
Atty Paid $125.35
Plaintiff Paid
L.L. $.50
Due Prothy $1.00
Other Costs
Date: FEBRUARY 25, 2005
(Seal)
CURTIS R. LONG
ProthonotaJY n 7/;7_
~: a l2-,ro _~ ~~./ f.J r
Deputy
REQUESTING PARTY:
Name SHAWN M. LONG, ESQUIRE
Address: BARLEY SNYDER, LLC
126 EAST KING STREET
LANCASTER, PA 17602-2893
Attorney for: PLAINTIFF
Telephone: 717-299-5201
Supreme Court ID No. 83774
Real Estate Sale #27
On March 03, 2005 the Sherifflevied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
Known and numbered as 3F Southmont Dr. n/kIa 360 Peppercorn
Square, Enola, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 03, 2005
ByJod.At~
Real Estate Deputy
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