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HomeMy WebLinkAbout01-0540IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., by PNC Mortgage Corporation of America, Agent, Plaintiff, CIVIL D1VISION NO.: VS. JESSIE M. MILLER a/Ida JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants. TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR PLAINTIFF HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 539 SOUTH FOURTH AVENUE LOUISVILLE KY 40202 AND THE DEFENDANTS IS: FILED ON BEHALF OF PLAINTIFF: Mortgage Electronic Registration Systems Inc., by PNC Mortgage Corporation of America, Agent, COUNSEL OF RECORD FOR THIS PARTY: Brian B. Dutton, Esquire Pa. I.D. # 81953 GRENEN & BIRSIC, P.C. 007 CHARLES STREET ATTORNET~OR ~LAINTIFF One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281~7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Borou£h of Mechanicsburlz (CITY, BORO, TOWNSHIP) (WARD) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., by PNC Mortgage Corporation of America, Agent, Plaintiff, VS. CIVIL DIVISION NO.: JESSIE M. MILLER a/k/a JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4m Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION CIVIL DIVISION SYSTEMS INC., by PNC Mortgage Corporation of America, Agent, NO.:o/- Plaintiff, YS. JESSIE M. MILLER aJk/a JESSE M. MILLER and AMY G. VARNER-MILLER Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Mortgage Electronic Registration Systems Inc., by PNC Mortgage Corporation of America, Agent, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Mortgage Electronic Registration Systems Inc., by PNC Mortgage Corporation of America, Agent, which has a principal place of business at 539 South 4tb Avenue, Louisville, Kentucky 40202 and is authorized to do business in the Commonwealth of Pennsylvania. 2. PNC Mortgage Corp. of America is the authorized agent of Mortgage Electronic Registration Systems Inc. 3. The Defendants, Jessie M. Miller aJk/a Jesse M. Miller and Amy G. Varner-Miller, are individuals residing in the Commonwealth of Pennsylvania whose last known address is 1007 Charles Street, Mechanicsburg, PA 17055. 4. On or about February 19, 1999, Defendants executed a Note in favor of North American Mortgage Company in the original principal amount of $107,873.00. 5. On or about February 19, 1999, as security for payment of the aforesaid Note, Defendants made, executed and delivered to North American Mortgage Company a Mortgage in the original principal amount of $107,873.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on February 25, 1999 in Mortgage Book Volume 1522 Page 361. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 6. North American Mortgage Company assigned all of its right, title and interest in and to the aforesaid Mortgage and Note to Plaintiffpursuant to certain Assignment of Mortgage, said Assignment of Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 31, 2000 in Mortgage Book Volume 636 Page 863. A true and correct copy of said Assignment of Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 7. Defendants are the record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the July 1, 2000 payment. 9. On or about September 10, 2000, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. §101, et seq. 10. The amount due and owing Plaintiffby Defendants is as follows: Principal $106,490.98 Interest through 12/26/00 $ 4,237.77 Late Charges through 12/26/00 $ 217.14 Escrow Deficiency through 12/26/00 $ 453.06 Attorney's fees $ 800.00 Title Search, Foreclosure and Execution Costs $ 1,500.00 TOTAL $113,698.95 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $113,698.95 with interest thereon at the rate of $20.71 per diem from December 26, 2000, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. Brian B. Dutton, Esquire PAID# 81953 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 TI:IIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR TItAT PURPOSE. EXHIBIT "A" A,'. -'3 E/IT ,". I~e got; t.h£s F~X on Sez've=l=l at.: 01/Oq-/~O01 09:5,.~RH Page: 12 EXHIBIT "B" ?$2 'OOJBN31 Pfll~o5 J y A$$IG~ OF MOP~TGAGE We go't: th~,~ Page: 15 VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. TERESA SWI'I'ZER 2nd VICE PRES~OF~''~ SHERIFF'S RETURN - CASE NO: 2001-00540 P COMMONWEALTH OF PENNSYLVA/qIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MILLER JESSIE M ET AL REGULAR DAVID MCKINNEY Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT PORE was served upon VARNER MILLER AMY G the Sheriff or Deputy Sheriff of who being duly sworn according to law, at 0019:40 HOURS, on the 21st day of February , APT 202 by handing to together with DEFENDANT , at 201 GALE ST MECHA-NICSBURG, PA 17055 ~LMY G. VARNEY MILLER a true and attested copy of COMPLAINT - MORT FORE NOTICE 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 22.20 Sworn and Subscribed to before me this ~;& ~ day of A.D. So Answers: R. Thomas Kline' 02/22/2001 GRENEN a EIRSIC By: Deputy Sheriff · ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00540 P COMMONWEALTH OF PEN~ISYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MILLER JESSIE M ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon MILLER JESSIE M A/K/A JESSE M MILLER the DEFENDANT at 0019:58 HOURS, on the 21st day of February , at 201 GALE ST MECHANICSBURG, PA 17055 by handing to JESSIE MILLER a true and attested copy of COMPLAINT - MORT FORE NOTICE together with 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this ~ day of ' P~o~honotary So Answers: R. Thomas Kline 02/22/2001 GRENEN & BIRSIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC., by PNC Mortgage Corp. of America, Agent, Plaintiff, VS. JESSIE M. MILLER a/k/a JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants. I hereby certify that the address of the Plaintiff is: 539 South 4th Avenue Louisville, KY 40202 the last known address of Defendants is.' 201Gale Street Mechanicsburg, PA 17055 CIVIL DIVISION NO.: 01-540 TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC., by PNC Mortgage Corp. of America, Agent COUNSEL OF RECORD FOR THIS PARTY: Brian [3. Dutton, Esquire Pa. I.D. #81953 GRENEN & BIRSIC, P.C. 1 Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OE CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC., by PNC Mortgage Corp. of America, Agent, Plaintiff, VS. JESSIE M. MILLER a/ida JESSE M. MILLER and AMY G. VARNER-MILLER, TO: SIR: CIVIL DIVISION NO.: 01-540 Defendants. PROTHONOTARY PRAECIPE FOR DEFAULT JUDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Jessie M. Miller a/ida Jesse M. Miller and Amy G. Varner-Miller, in the amount of $117,100.94, which is itemized as follows: Principal Interest to 3/27/01 Late Charges to 3/27/01 Escrow Deficiency to 3/27/01 Attorney Fees Title Search, Foreclosure and Execution Costs $ 106,490.98 $ 6,121.80 $ 289.35 $ 898.81 $ 800.00 $ 2,500.00 TOTAL $ 117,100.94 with interest on the Principal sum at the rate of $20.71 per diem from March 27, 2001, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. P.A. ID# 81953 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC., by PNC Mortgage Corp. of America, Agent, CIVIL DIVISION NO.: 01-540 Plaintiff, VS, JESSIE M. MILLER a/k/a JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT IUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Brian B. Dutton, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants, Jessie M. Miller a/k/a Jesse M. Miller and Amy G. Varner-Miller are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me thisc~-day of .~; Q) ,2001. Notary Public Notadal Seal Patricia A. T(~vnsend, Notary Public Pittsburgh, Allegher~ CoUnty My Commieslon Explres June 2, 2003 Member, Pennsylvania Associ~ of Notaries IN THE COURT OF COLSON PLEAS OF CUMBERLAND coi~Y, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC., by PNC Mortgage Corp. of America, Agent, Plaintiff, VS JESSIE M. MILLER a/kJa JESSE M. MILLER and AMY G. VARNER-MILLER, CIVIL DIVISION NO.: 01-540 Defendants. TO: Jessie M. Miller a/k/a Jesse M. Miller 201 Gale Street Mechanicsburg, PA 17055 DATE OF NOTICE: MARCH 14, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, AJUDGMENTMAY BE 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlislet PA 17013 (800) 990-9108 (717) 249-3166 By: GREN~ & BIRSIC, P.C. Brian B, Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID IN THE COURT OF coJJ~oN PLEAS OF CUMBERLAND CO~J~TY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC., by PNC Mortgage Corp. of America, Agent, Plaintiff, vs JESSIE M. MILLER a/k/a JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants. CIVIL DIVISION NO.: 01~540 TO: Amy G. Varner-Miller 201 Gale Street Mechanicsburg, PA 17055 DATE OF NOTICE: MARCH 14, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AN D FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO TIlE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 28P7650 cc: Kenneth A. Wise, Esquire FIRST CLASS MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: M6rtgage Electronic Registration System, Inc. by PNC Mortga%~ Cory. of America, Agent VS. Jessie M. Miller a/k/a Jesse M. Miller and Amy G. Varner-Miller, ( ) Confessed Judgment ( ) Other File No. 01-540 Amount Due $117,100.94 Interest 3,535.97 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writofexecutioninthe above maEertothe Sheriff of Cumberland ~rdebt, interestand costs, uponthefollowing described property ofthe defendant(s) 1007 Charles Street, Mechanicsburg, PA 17055 See attached legalTdescription County, PRAECIPE FOR A'I-rACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the Date defendant(s) described in the attached exhibit. 6/5/01 Signature: Print Name: Address: One Gateway Center, Nine West Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 7/991 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT, CIVIL DIVISION Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants.. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Charles Street at the dividing line between Lots Nos. 76 and 77 on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 76 and 77, North 22 degrees 47 minutes West, 141.4 feet to a point; thence by the dividing line between Lot Nos. 69 and 77 on said Plan, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 77 and 78 of said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point on the northern line of Charles Street; thence by the Northern line of Charles Street, South 66 degrees 43 minutes West, 80 feet to a point, the place of BEGINNING. BEING Lot No. 77 in the Plan of Lots of"Orchard Crest, Remainder of Section B", which Plan is recorded in the Cumberland County Recordar's Office in Plan Book 11, page 12. HAVING THEREON ERECTED a single family dwelling known as 1007 Charles Street, Mechanicsburg, Pennsylvania. SUBJECT, NEVERTHELESS, to the easements, restrictions and reservations of record with the said Plan. BEING the same premises which John I. Detweiler, III and Joyce A. Detweiler, by Deed dated February 19, 1999 and recorded in the Office ofthe Recorder ofDeeds ofCumberland CountyonFebruary25, 1999, inDeedBook Volume 194, Page935, granted and conveyed unto JessieM. Miller and Amy G. Varner-Miller. GRENEN & BIRSIC, P.C~. Kri}fine M.~Faust,X~quire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 17-23-0561-072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT, CIVIL DIVISION Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants.. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Mortgage Electronic Registration System, Inc. by PNC Mortgage Corp. of America, Agent, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Jessie M. Miller aJk/a Jesse M. Miller and Amy G. Vamer-Miller located at 1007 Charles Street, Mechanicsburg, Pennsylvania 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JESSIE M. MILLER A/K/A JESSE M. MILLER AND AMY G. VARNER-MILLER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1007 CHARLES STREET, MECHANICSBURG, PA 17055 DBV 194, PAGE 935, AND PARCEL #17-23-0561-072. 1. The name and address of the owners or reputed owners: Jessie M. Miller aJk/a Jesse M. Miller 201 Gale Street and Amy G. Vamer-Miller Mechanicsburg, PA 17055 2. The name and address of the defendants in the judgment: Jessie M. Miller a/Ida Jesse M. Miller 201 Gale Street mad Amy G. Vamer-Miller Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Plaintiff 4. The 5. The Mortgage Electronic Registration System, Inc. by PNC Mortgage Corp. of America, Agent name and address of the last record holder of every mortgage of record: Mortgage Electronic Registration System, Inc. by PNC Mortgage Corp. of America, Agent Plaintiff name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants/Occupants 1007 Charles Street Mechanicsburg, PA 17055 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. GRENEN & BIRSIC, P.C. By: Kristine M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of ,2001. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION CIVIL DIVISION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT, Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M, MILLER and AMY G. VARNER-MILLER, Defendants.. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Jessie M. Miller aJk/a Jesse M. Miller 201 Gale Street Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse 2nd Floor, Commissioner's Hearing Room 1 Courthouse Square Carlisle PA 17013 on September 5, 2001 at 10:00 a.m., the following described real estate, of which Jessie M. Miller a/k/a Jesse M. Miller are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JESSIE M. MILLER A/KIA JESSE M. MILLER AND AMY G, VARNER-MILLER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1007 CHARLES STREET, MECHANICSBURG, PA 17055 DBV 194, PAGE 935, AND PARCEL #17-23-0561-072. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Mortgage Electronic Registration System, Inc. by PNC Mortgage Corp. of Amefica, Agent Plaintiff, VS. Jessie M. Miller a/k~a Jesse M. Miller and Amy G. Vamer-Miller, Defendants at Execution Number 01-540 in the amount of $120,636.91. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Shefiffbefore distribution. Schedule of Distribution will be filed with the Office of the Shefiffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal fights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your fights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. COURT ADMiNISTRATOR 4TM FL. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Krist~i~e M. Faust,"~equire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT, CIVIL DIVISION Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants.. LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Charles Street at the dividing line between Lots Nos. 76 and 77 on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 76 and 77, North 22 degrees 47 minutes West, 141.4 feet to a point; thence by the dividing line between Lot Nos. 69 and 77 on said Plan, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 77 and 78 of said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point on the northern line of Charles Street; thence by the Northern line of Charles Street, South 66 degrees 43 minutes West, 80 feet to a point, the place of BEGINNING. BEING Lot No. 77 in the Plan of Lots of"Orchard Crest, Remainder of Section B", which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 11, page 12. HAVING THEREON ERECTED a single family dwelling known as 1007 Charles Street, Mechanicsburg, Pennsylvania. SUBJECT, NEVERTHELESS, to the easements, restrictions and reservations of record with the said Plan. BEING the same premises which John I. Detweiler, III and Joyce A. Detweiler, by Deed dated February 19, 1999 and recorded in the Office ofthe Recorder ofDeeds of Cumberland County on February 25, 1999, in Deed Book Volume 194, Page 935, granted and conveyed unto Jessie M. Miller and Amy G. Vamer-Miller. GRENEN & BIRSIC, P.C. Kris~dne M)Faust?~rquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 17-23-0561-072 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC ) REGISTRATION SYSTEM BY PNC ) MORTGAGE CORP. OF AMERICA, AGENT ) CIVIL DIVISION ) ) ) Plaintiff, ) NO.: 01-540 ) ) vs. ) ISSUE NUMBER: ) JESSIE M. MILLER A/K/A JESSE M. ) MILLER and AMY G. VARNER-MILLER ) TYPE OF PLEADING: ) Pa. R.C.P. RULE 3129.2(c)(2) ) LIENHOLDER AFFIDAVIT OF Defendants. ) SERVICE ) ) )CODE- ) ) ) ) ) ) FILED ON BEHALF OF PLAINTIFF: Mortgage Electronic Registration System By PNC Mortgage Corp. of America, Agent ) ) ) ) ) ) ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M. Faust, Esquire ) Pa. I.D. # 77991 ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center, Nine West ) Pittsburgh, PA 15222 ) (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MORTGAGE ELECTRONIC ) REGISTRATION SYSTEM BY PNC ) MORTGAGE CORP. OF AMERICA, AGENT ) ) Plaintiff, ) NO.: ) vs ) ) JESSIE M. MILLER a/k/a JESSE M. MILLER ) and AMY G. VARNER-MILLER ) ) Defendants. ) 01-540 Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Faust, Attorney for Plaintiff, Mortgage Electronic Registration System by PNC Mortgage Corp. of America, Agent, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons nanaed in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated June 7, 2001, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaimiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. Tree and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before m~.thi~l~'¢- day of Notary Public / ,2001. Notartal Seal Robe(ca G. Blazlna, Notary Public Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsytvania Association ct Notates EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT, CIVIL DIVISION Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants.. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Mortgage Electronic Registration System, Inc. by PNC Mortgage Corp. of America, Agent, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Jessie M. Miller a/k/a Jesse M. Miller and Amy G. Varner-Miller located at 1007 Charles Street, Mechanicsburg, Pennsylvania 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, 1NTEREST AND CLAIM OF JESSIE M. MILLER A/K/A JESSE M. MILLER AND AMY G. VARNER-MILLER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1007 CHARLES STREET, MECHANICSBURG, PA 17055 DBV 194, PAGE 935, AND PARCEL #17-23-0561-072. 1. The name and address of the owners or reputed owners: Jessie M. Miller aJk/a Jesse M. Miller 201 Gale Street and Amy G. Varner-Miller Mechanicsburg, PA 17055 2. The name and address of the defendants in the judgment: Jessie M. Miller aJk/a Jesse M. Miller 201 Gale Street and Amy G. Varner-Miller Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mortgage Electronic Registration System, Plaintiff Inc. by PNC Mortgage Corp. of America, Agent 4. The name and address of the last record holder of every mortgage of record: Mortgage Electronic Registration System, Plaintiff Inc. by PNC Mortgage Corp. of America, Agent 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Inheritance Tax Division Bureau of Individual Taxes Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants/Occupants 1007 Charles Street Mechanicsburg, PA 17055 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. Kristine M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~2r~ day of dl ~15.~ Notary Public ~] 0 ,2001. PS Form 3817, Mar. 1989 Form 3817, Mar. 1@89 PA Dept. of Revenue Bureau of Individual Taxes [pheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 PS Form 3817, Mar. 1989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEM BY PNC MORTGAGE CORP. OF AMEKICA, AGENT, Plaintiff, VS. ) ) ) ) ) ) ) ) ) JESSIE M. MILLER A/K/A JESSE M. ) MILLER and AMY G. VARNER-MILLER ) ) Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Sale Date: 9/5/01 ) CIVIL DIVISION NO.: 01-540 ISSUE NUMBER: TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS CODE - FILED ON BEHALF OF PLAINTIFF: Mortgage Electronic Registration System by PNC Mortgage Corp. of America, Agent COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT Plaintiff, VS. ) ) ) ) ) ) ) ) ) JESSIE M. MILLER A/K/A JESSE M. ) MILLER and AMY G. VARNER-MILLER ) ) Defendants. ) NO.: 01-540 Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Faust, Esquire, Attorney for Plaintiff, Mortgage Electronic Registration System by PNC Mortgage Corp. of America, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 5, 2001 as follows: 1. Jessie M, Miller a/k/a Jesse M. Miller and Amy G. Vamer-Miller are the owners of the real property and has not entered an appearance of record. 2. By letter dated June 7, 2001, the undersigned counsel served Defendant, Jessie M. Miller a/k~a Jesse M. Miller, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, return receipt requested, addressed to 201 Gale Street, Mechanicsburg, PA 17055. On or about June 14, 2001, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff's Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. 3. By letter dated June 7, 2001, the undersigned counsel served Defendant, Amy G. Varner-Miller, with a tree and correct copy of Plaintiffs notice of the sale of real property by certified mail, remm receipt requested, addressed to 201 Gale Street, Mechanicsburg, PA 17055. On or about June 14, 2001, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriffs Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are tree and correct based upon my personal knowledge, information, and belief. BY: GRENEN & BIRS1C, P.C. Kristine M. Faust, Esquire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME TH!S ~]~c-~ ,A¥Or 2001. I.-2"'~ ~v~v~-ma Ass~mt~n ot Notates EXHIBIT "A" · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addresse~ to: PS Form I-1 Registered .. ~u~'Receipt for Merchandl~ ~ Insured Mail ~ 4. Restrim~ ~live~? (Ext~ F~) ~ ~es _ .00-M-0952 EXHIBIT "B" · Complete items 1, 2, and 3. Also complete A. Rece'~ved by ~ ~n~ _~) item 4 if Restricted Delivery is desired. ~,~ 8 I dUN '~ · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this c~d to the back of the mailpieca, X or on the front if space permits. '~ ~ ¢~.~lt/~V I'V"V~ I-I A~mssee D, Isdelive~addressdiffsmntflomitern 17 I-lyes 1. Article Addressed to: 2. Article Number (Copy.[~om service labe~ PS Form 3811, Jaty 1999 If YES, enter delivery address below: r"l No Mortgage Electronic Registration System In The Court of Common Pleas of By PNC Mortgage Corp. of America, Agent VS Cumberland County, Pennsylvania Jessie M. Miller a/k/a Jesse M. Miller Writ No. 2001-540 Civil Term And Amy G. Varner-Miller R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark Udren. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 14.30 Levy 15.00 Advertising 15.00 Certified Mail 1.70 Poundage 14.77 Postpone Sale 20.00 Law Journal 325.85 Patriot News ~ $753.07 paid by attomey Sworn and subscribed to before me This 7 _c~ day of ~ ~ 200 ,A.D. Prothonotary So An rs' , R. Thomas Kline, Sheriff Real Estate Deputy I~ IlqX3? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION CIVIL DIVISION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT, Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants.. AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration System, Inc. by PNC Mortgage Corp. of America, Agent, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Jessie M. Miller a/k/a Jesse M. Miller and Amy G. Varner-Miller located at 1007 Charles Street, Mechanicsburg, Pennsylvania 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JESSIE M. MILLER A/K/A JESSE M. MILLER AND AMY G. VARNER-MILLER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1007 CHARLES STREET, MECHANICSBURG, PA 17055 DBV 194, PAGE 935, AND PARCEL #17-23-0561-072. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY 1. The name and address of the owners or reputed owners: Jessie M. Miller a/k/a Jesse M. Miller 201 Gale Street and Amy G. Vamer-Miller Mechanicsburg, PA 17055 2. The name and address of the defendants in the judgment: Jessie M. Miller a/k/a Jesse M. Miller 201 Gale Street and Amy G. Vamer-Miller Meehanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mortgage Electronic Registration System, Plaintiff Inc. by PNC Mortgage Corp. of America, Agent 4. The name and address of the last record holder of every mortgage of record: Mortgage Electronic Registration System, Plaintiff Inc. by PNC Mortgage Corp. of America, Agent 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Inheritance Tax Division Bureau of Individual Taxes Dept. 280601 Harrisburg, PA 17128-0601 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants/Occupants 1007 Charles Street Mechanicsburg, PA 17055 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. GRENEN & BIRSIC, P.C. Kristine M. Faust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this .~4¢ day of xOl .(Ji~~ Notary Public t/ ,2001. Notarial Seal pal~u h, tU ~Goun my My Comn~on ~re~ June 2, 2003 Member, pennsy~at~la Association ot Nota~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION CIVIL DIVISION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AGENT, Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants.. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Jessie M. Miller a/k/a Jesse M. Miller 201 Gale Street Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse 2nd Floor, Commissioner's Hearing Room 1 Courthouse Square Carlisle PA 17013 on September 5, 2001 at I0:00 a.m., the following described real estate, of which Jessie M. Miller a/k/a Jesse M. Miller are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JESSIE M. MILLER A/K/A JESSE M. MILLER AND AMY G. VARNER-MILLER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1007 CHARLES STREET, MECHANICSBURG, PA 17055 DBV 194, PAGE 935, AND PARCEL #17-23-0561-072. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Mortgage Electronic Registration System, Inc. by PNC Mortgage Corp. of America, Agent Plaintiff, VS. Jessie M. Miller a/lc/a Jesse M. Miller and Amy G. Varner-Miller, Defendants at Execution Number 01-540 in the mount of $120,636.91. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. COURT ADMINISTRATOR 4TM FL. CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those fights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. Iftlae judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for falling to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiffhas a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the fight to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable fight. YOU MAY ALSO HAVE THE RiGHT TO HAVE THE SHERiFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS 1N THE SHERIFF'S SALE. TO EXERCISE THIS RiGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE TI-tE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. · Kristlne~'- M. Faust,'q~qQE~quire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION CIVIL DIVISION SYSTEM BY PNC MORTGAGE CORP. OF AMERICA, AOENT, Plaintiff, NO.: 01-540 VS. JESSIE M MILLER A/K/A JESSE M. MILLER and AMY G. VARNER-MILLER, Defendants.. LONG FORJvI DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Meehanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern line of Charles Street at the dividing line between Lots Nos. 76 and 77 on the hereinafter mention ed Plan of Lots; th once by the dividing line between Lots lq os. 76 and 77, North 22 degrees 47 minutes West, 141.4 feet to a point; thence by the dividing line between Lot Nos. 69 and 77 on said Plan, North 66 degrees 43 minutes East, 80 feet to a point; thence by the dividing line between Lots Nos. 77 and 78 of said Plan, South 22 degrees 47 minutes East, 141.4 feet to a point on the northern line of Charles Street; thence by the Northern line of Charles Street, South 66 degrees 43 minutes West, 80 feet to a point, the place of BEGINNING. BEING Lot No. 77 in the Plan of Lots of"Orchard Crest, Remainder of Section B", which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 11, page 12. HAVING THEREON ERECTED a single family dwelling known as 1007 Charles Street, Mcchanicsburg, Pennsylvania. SUB.rECT, NEVERTHELESS, to the easements, restrictions and reservations of record with the said Plan. BEING the same premises which John I. Detweiler, III and Joyce A. Detweiler, by Deed dated February 19, 1999 and recorded in the Office of the Recorder ofDeeds of Cumberiand County on Febmary 25,1999, in Deed Book Volume194, Page935, granted and ennveyed unto Jessie M. Miller and Amy G. Varner-Miller. GRENEN & BIRSIC, P.C. Kri~ine M.tFaust',~quire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 17-23-0561-072 WRIT OF EXECUTION and/or At 1 ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. 01-540 CIVIL 19 CIVIL ACTION - LAW COUNTY: Mortgage Electronic Registration System Inc. by PNC Mortgage Corp. of America, Agent PLAINTIFF(S) Jessie M. Miller a/k/a Jesse M. Miller and Amy G, Varner-Miller from (1) You am directed to levy upon the pmpedy of the defendant(s) and ~ sell 1007 Charles Street, Mechanicsburg, PA 17055 see attached legal description DEFENDANT(S) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: ar~l ~o notify the garnishee(s) that: Ia) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) if property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due Interest Atty's Comm Atty Paid Plaintiff Paid $117,100.94 L.L. $. 50 $3,535.97 Due Prothy $1.00 % Other Costs $128.40 Date: June 12, 2001 REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Court ID No. Kristine M. FattRt Plffshurgh, PA Plaintiff (412)281-7650 //991 by: Curtis R. Lonq Prothonotary, Civil Division Deputy REAL ESTATE SALE No. s2 O~ ~J'~-~ ~ l ~/~c~ I the snentl ~evle~ upon the omenoa., I~ la ~ ~1Pm~ situated in ~h~ c5 ~u ~ ~ro~ ~m~ ~, ~., known and number~ as:/~ ~ ~ ~ ~~ [au~ and m~e fully described on ~hibit ~'A" filed wit~' v ~ w~ a~ by this reference incorporated herein, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 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. RB~b BSTAT~ ~ NO. ~g Writ No, 2001-540 Civil Mortgage Electronic Registration System by PNC Mortgage Corp. of America, Agent ViS, Jessie M. Miller a/k/a Jesse M, Miller and Amy G. Varner-Miller Atty.: l{rtstine M. Faust LONG FORM DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Bor- SWORN TO AND SUBSCRIBED before me this . 3 day of AUGUST. 2001_ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co,, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in ~liscellaneous Book Volume 14, Page 317. PUBLICATION ................................. .............................................................. COPY SWnrn t~ and.aubo~i ~.k,,~-~,is 21st da~ Augd~ 2001 A.D. N~,~ commission expires Juns 6, CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUN'FY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 242.79 ¢¢low~,mw~c Probating same Notary Fee(s) $ 1.50 ~ ~ ~ a ~ aV~ ~ Total $ 244.29 ~r ~ ~.of ~; ~ ~ t~ dirking h~ ~w~ ~s ~ 76 Publisher's Receipt for Advertising Cost aM 77, ~h 22 ~s 47 ~nul~ ~, MI.4 f~ tea~mt; ~ by ~ ~v~d~g publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general li~ ~w~ ~ ~, ¢ ~ ~ ~ a~ receipt of the aforesaid notice and publication costs and ce~ifies that the same have been au~ pasO. Writ No. 2001_540 Civil ~°,~gage Electro~c ~-v~tena by PNC ~. Registration ~l°r tgage C of Araerlca Agent or . JeSSie ~I Jesse ~. ~ller a/k/a ALL REAL ESTATE SALt~ No. 38 Writ No, 2001-540 CivilTerm Mortgage Eiectro~ic Registration Systems by PNC Mortgage Corp. o! America, Agent Jessie M.~ill~r, a/ida AJme?~ ,M: Mil,er aed ^-- ~ Yarner-Mill lin~ of ~)ts ol I I I I ! ! I ! I I ! ! I I !