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Home My WebLink About01-1011BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff VS. THOMAS J. FERRARA, AND MISTY M. FERRARA Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 foi~ch 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 claim in the Complaint of for any other claim or reliefrequested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER 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 HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED ILESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERI)ER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 DE ABOGADOS), (215) 238-6300. BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff VS. THOMAS J. FERRARA AND MISTY M. FERRARA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff VS. THOMAS J. FERRARA AND MISTY M. FERRARA Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, BANKONE, NATIONAL ASSOCIATION, TRUSTEE, is a Corporation, with an address of 9275 SKY PARK COURT, SUITE 300, SAN DiEGO, CALIFORNIA 92123. Defendant, THOMAS J. FERRARA, is an adult individual, whose last known address is 410 CASCADE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. Defendant, MISTY M. FERRARA, is an adult individual, whose last known address is 410 CASCADE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. On or about, April 24, 2000 the said Defendants, executed and delivered a Mortgage Note in the sum of $88,000.00 payable to MORTGAGE LENDERS NETWORK USA, INC., which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1617, Page 1031 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE and recorded in the aforesaid County in Mortgage Book 659, Page 458 on November 6, 2000. The Said Mortgage and Assig~m~ent are incorporated herein by reference. 5. The land subject to the Mortgage is: 410 CASCADE ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $31.03 per day From 6/01/00 To 03/01/01 ( based on contract rate of 12.700%) Accumulated Late Charges Late Charges at $95.29 Per month for 9 months Escrow Deficit Attomey's Fee at 5% of Principal Balance $87,956.70 $8,502.22 $0.00 $857.61 $0.00 $4,397.84 $101,714.37 **Together with interest at the per diem rate noted above after March 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 12.700% ($31.03 per diem), together with other charges and costs including escrow advances incidental ther.~21~e/ of the property within described, j~...~. Leon P. Hailer ~f Sheriff's Sale and for foreclosure and sale b~G & HALLER ',squire Attorney for Plaintiff I.D, # 15700 1719 N, Front Street Harrisburg, PA 17102 (717-234-4178) 000000E910 NOTE ~.~ NOTE April 24, 2000 , Piano , Pmflnaylvaflll [D~] [~i~] 410 CASCAOE ROAn , NEOHANIC~IU~B, PA 17055 In ~ for a loan Eha~ I have r~c~ved. I prombe ~o pey U.S. $ 88,000.00 (~ ~ ~ ~ HORTBAG~ LENDERS NE~ORK USA. INC. 12.7000 ~e h~ ~ ~ by ~ S~ 2 ~ ~ ~ I ~ ~y ~ ~ ~ ~ ~y ~ d~ ~ S~ ~) of 3. PA~ (A) ~e ~ ~ I ~ ~y ~ ~by ~ p8~ ~ ~. 1 ~ ~ my ~y ~ ~ ~ 28th ~y of~ ~ ~nnin~ ~ Nay 28 2000 · ~ ~y~m ~ ~ ~I ~~ ~ ~y ~~ April 28 ,2030 MIDDLESEX DORP. CENTER 11TH FL, 213 COURT ST., NIODLETO~ CT 08457 ~Y ~Y ~t ~ ~ ~I~U~. S 852.87 I have ~ ~ht I ~Y ~ a ~ ~t ~ ~ ~ ~ ~ my ~ ~. ~ N~ ~ ~ ~ ~ of ~ ~ ~ ~ ~ ~ ~' ~ ~ ~ mY ~ ~ ~ ~ ~ by ~Z ~ ~ I owe ~ ~ No~ ~ ~ ~g a ~ ~t ~ ~. N a ~ ~ ~ ~ ~c~n ~ ~ ~ ~ a ~ (A) ~a C~ f~ ~) All that certain piece or parcel of land, situate in the Townsh/p of Upper Allen, County of Cumberland, md State of Peensylvunia, bounded sod described in accordsoce with a snrvey sod plan thereof made by D.P. Raffeneperger, Reg. Surv., dated 06/22/1965, as follows: Beginning at a point on the westerly line of Cescade Road, said point being located at a distanceof 426.81 feet measured in a northerly direction from tho westerly line of Cascade Road from the intersection of the northern line of Klm Acres Drive and the western line of Cascade Road, as shown un the hereinafter msotioncd plan of lots; thence alun~ the northern llne of Lot No. 17 on said plan south 82 deg. 37 min. west ] 32 fee! to a point; thence along other lsods now or formerly of Lavan H. Miller, north 7 deg. 23 min. w~180 feet to a point; thence along tho southern line of Lot No. 19 on said plan north 82 deg. 37 min. east 132 fcer'to Cascade Road; thence along the westerly line of Cascade Road south 7 deg. 23 min. west 80 feet to tho place ofbegiunlng. Being Lot No. 18 on Plso of Sectioo B, Mt. Allen Hdghts, said plso being recorded in PIso Book 10, page 57, Cumberland County Records. Being the same premises which Huny P. Potteiger sod Theore I. Pottc/ger, by the/r d~d dated 06/29/196/; sod recorded in thc Recorder of Deeds Office of Cumber]sod County on 07103/1965, grsoted sod conveyed unto Joseph Ferrara and Grace C. Ferrara. Tax ID #: 42-28-2421-251 VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 15, 2001 Leon P. Haller, Esquire SHERIFF'S RETURN - CASE NO: 2001-01011 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS FERRARA THOMAS J ET AL REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERRERA THOMAS J the DEFENDANT , at at 410 CASCADE ROAD 0018:50 HOURS, on the 21st day of February , 2001 MECHANICSBURG, PA 17055 THOMAS FERRERA by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.44 Affidavit .00 Surcharge 10.00 .00 35.44 Sworn and Subscribed to before me this ~ ~ ~ day of othonotary So Answers: R. Thomas Kline 02/22/2001 PURCELL, KRUG & HALLER By: Deputy She~ri f'f ~/ SHERIFF'S RETURN CASE NO: 2001-01011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS FERP~ARA THOMAS J ET AL - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERRERA MISTY M the DEFENDANT at 001.8:50 HOURS, on the 21st day of February at 410 CASCADE ROAD 2001 MECHANICSBURG, PA 17055; MISTY FERRERA a true and attested copy of NOTICE COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to, the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 116.00 Sworn and Subscribed to before me this ~ -- day of 7~.~ ~Z~z~ / A.D. ~ ~rothonotary ~ So Answers: R. Thomas Kline 02/22/2001 PURCELL, KRUG & HALLER BANKONE, TRUSTEE THOMAS J. FERRARA NATIONAL ASSOCIATION Plaintiff : VS. FERRARA AND MISTY M. : : Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants Thomas J. Ferrara and Misty M. Ferrara for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $31.03 from 6/1/00 to 3/1/01) Accumulated late charges and Late charges ($95.29 per month to 3/01) 5% Attorney's Commission $87,956.70 $ 8,502.22 $ 857.61 $ 4,397.84 TOTAL $81,324.61'* ** Together with additional interest at the per diem rate indicated above from March 1, 2001, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & H A~~~ By _.~'_..''/~'_.~ _ Z/ , L~..on~ N/ort~Ferornt ~tAreIet~. ~00 Harrisburg, PA 17102 (717) 234-4178 BANKONE, TRUSTEE NATIONAL ASSOCIATION Plaintiff : : vs. : NO. 2001-01011 : THOMAS J. FERRARA AND MISTY M. : CIVIL ACTION - LAW - FERRARA : IN MORTGAGE FORECLOSURE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I hereby certify that on June 18, 2003 I served required by Pa. R.C.P. 23'7.1 upon the Defendant(s) regular first class mail, postage prepaid, as attached Notice. the Ten Day Notice in this matter by indicated on the PURCELL, By KRUG & HALLER Harrisburg, PA 17102 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff VS. THOMAS J. FERRARA AND MISTY M. FERRARA Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 20001-01011 CWIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: June 18, 2003 TO: THOMAS J. FERRARA 410 CASCADE ROAD MECHANICSBURG, PA 17055 MISTY M. FERRARA 410 CASCADE ROAD MECHANICSBURG, PA 17055 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlE PURPOSE OF COLLECTING TIlE DEBT. IMPORTANT NOTICE YOU ARE 1N 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 (10) 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: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717 -249 -3166 PURCELL, K~ 1719 N. Front St., Harrisburg, PA 17102 (717) 2344178 CC: Michael S. Travis, Esq. Suite 209, 4076 Market Street Camp Hill, PA 17011 BANKONE, TRUSTEE THOMAS J. FERRARA NATIONAL ASSOCIATION Plaintiff! vs. : FERRARA AND MISTY M. : : Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. H~tLLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are no~ in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before m~e this ~/~ day of ~--~o~ry P~blic LEON/ NOTARIAL SEAL MARYLAND K. FERRETTI, Noauy Public Lower Paxton Twp., Dauphin County My Commission Exp res Aug. 8, 2006 BANKONE, TRUSTEE THOMAS J. FERRARA NATIONAL ASSOCIATION Plaintiff : vs. FERRARA AND MISTY M. : : Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION G- K --FORE C LO S URn. ~K.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 1833 Ritner Highway, Shippensburg, PA 17257 as follows: Araount due pursuant to Judgment $~01,714.37' Interest (Per diem of $31.03 from 3/1/01 to 12/10/03) $ 31,464.42 Late Charges at $95.29 (3/01 to 12/03) $ 3,144.57 Escrow deficit $ 825.00 ** Together with any additional date of Sheriff's Sale. By_ Dated: September 9, 2003 Attached is TOTAL WRIT $~137,1 interest, charges and costs to the 00ATTORNEY FOR PLAIN~ 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 a description of the real estate. LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffenspergeu, Reg. Surv., dated 6/22/1965, as follows: Bcgi~g ~ a point on ~¢ wosterly I~¢ ofC~¢ad¢ Road. said point being lo~ated al a distanc¢of426.B1 ~et measured in a north~ly direction ~om the westerly line of of~e northern line of ICim Acres Drive and the Casoade Road ~om the intersection the hereinafter m~ntioned plan of lots; thenc~ ~western linc o£Cascade Road, ~ shown on along ~e no,hem linc of Lot ~o. 17 on said plan south 82 deg. 3? min. west 132 ~et ~o a point; ~ence along other lands now or ~rm¢~y ofLavan H. Miller, no~h ? deg. 23 point; thence ~ong ~e southern line of Lot No. 19 on said plan min- west 80 ~=t to a . no~h 82 deg. 37 min. east 132 ~ct ia C~¢ade Road; thence along thc westerly linc o£ C~¢ad= Road sou~ ? deg. 23 hain. west gO ~et to the place ofbegiru'li~g. Being Lot ~o. 18 on plan of Seation B, Mt. Allen ~¢ights, said plan boing recorded in Plan Book 10, page 57, Cu.vab~la-nd Coun~ Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechanicsburg, Pennsylvania BEING THE SAME PREMISES which Thomas J- Ferrara as survivor of Grace C. Ferrara and Thomas J- Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA uNDER JUDGMENT NO. 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-251 WRIT OF EXECUTION and/or ATTACHMENT NO01-1011 Civil COMMONWEALTH OF PENNSYLVANIA) cOUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE NATIONAL ASSOCIATION TRUSTEE Plaintiff (s) From THOMAS J FERRARA AND MISTY M FERRARA (1) You arc directed to levy upon thc property of thc defendant (s)and to sell SEE LEGAL DESCRIPTION · (2) You are also directed t° attach the pr°perry °f the de fendant(s) n°t levied up°n in the p°ssessi°n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; · (3) If property of the defendant(s) n°t levied up°n an subject t° attachmem is f°und in the p°ssessmn 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 Dues 81,324.61 L.L.$ 0.50 Interest {PER DIEM OF $31.03 FROM 3/1/01 TO 12/10/03) $31,464,42 Atty's Comm % Due Prothy $1.00 Atty Paid $116.90 Plaintiff Paid Date: SEPTEMBER 10, 2003 Other CostsLATE CHARGES AT $95.29 (3//01 TO 12/03) $3,144.57 ESROW DEFICIT $ 825.00 (Seal) REQUESTING PARTY: Name LEON P HALLER ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary Deputy BANKONE, NATIONAL ASSOCIATION : TRUSTEE : Plaintiff : VS. THOMAS J. FERRARA AND MISTY M. : : FERRARA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE A~'iDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 410 Cascade Road, Mechanicsburg, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) different from that listed in (1) above: in the Judgment, if SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: UN~oWN 4. Name of record: and address of last recorded holder of every mortgage PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ~o~..~~15700 ~urcell, Krug & Hailed 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 BANKONE, NATIONAL ASSOCIATION : : TRUSTEE Plaintiff : VS. THOMAS J. FERP~ARA AND MISTY M. : FERRAPUA : Defendants IN THE cOURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF BY. AL ESTAT~ PENNSYLVANIA RIILE OF CIVIL PROCED~ 312~ T~/~E NOTICE: That the held: Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, DECEMBER 10, 2003 TIME:10:00 o'clock A.M. LOCATION: Cormmissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOI~ is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 410 CASCADE ROAD, MECHANICSBLrRG, PA 17055 THE J~/DG~NT under or pursuant to which your property is being sold is docketed in the within Conunonwealth and County to: 2001-01011-CIVIL is: THE N~/4E(S) OF THE oWNER(S) OR p. EPUTED O~K~ERS of THOMAS J. FEP~/qD MISTY M. FEP~ this property A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS ~N ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE ~nD~ TO BE SOLD OR TAKEN TO PAY THE JUDGMENT~ You may have legal rights to prevent your property from being taken away. 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone {717) 249-3166 800-990-9108 THE LEC4tL RIGHTS You MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF~S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Co~on Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrat°r~s office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Township llen Count of Cumberland, and State of Pennsylvania, of Up. pe, r AM =_,___,.~^AY~n accordance with a survey and plan thereof made by D.P. Raffensperger, Reg. Surv., dated 6/22/1965, as follows: · llne of Cascade Road, said point b¢Inl~ lo~atccl Bcgi~'~ at a poxnt on the dis~c~of426.$1 feet mo~ in a no~lY diction ~om lh~ w~sterly lin~ of c~de Ro~ ~om ~o ~t~tlon of~ no~ hue of~m ~c~ ~v= ~d '~stem [in~ ofC~ad~ Ro~ ~ sho~ on the h~na~r m~tioncd pl~ of lots; thanc~ alon~ ~e no~h~m line of~t No. 17 on said pl~ south 82 dc~. 37 mia. w~st 132 fc~[ to a point; ~n~e alon~ other l~ds now or fo~Crly of~v~ ~- Miller, no~h 7 dc~. 23 ' of Lot ~o. 19 on said plan min. west 80 f~ct to a point; ihcnc~ alon~ no~h 82 de~. 37 min. c~t 13~ foci to ~c~c Road; thence alon~ ~c westerly lin~ of C~cad~ ~oad sou~ 7 dc~. 23 ~n. ~cin~ Lot ~o. 18 on PI~ of 5~zion B, Mt. ~Ilcn Hci~ts, said ~1~ b~in~ r~cord~d in PI~ Book 10, pa~ 57, C~b~l~d Co~ ~ccor~- HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechanicsburg, Pennsylvania BEING THE SAME PREMISES which Thomas J- Ferrara as survivor of Grace C. Ferrara and Thomas J. Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NO. 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-251 BANKONE, NATIONAL ASSOCIATION : TRUSTEE Plaintiff : VS. THOMAS J- FERRARA AND MISTY Mi : : FERRAPJt Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE RETURN OF SERVIC~ rtif that I have deposited in the U.S. Mails at I hereby ce Y~ . _ In,--/~'~_ ._, a true and correct copy ~r[~%b~[ %e~S~%~n~ ~%~ ~%s~ate pursuant to PA R.C.P. 3129.1 to c a the Defendants herezn and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, 4076 Market Camp Hill, Esquire ~ Street, Suite 209 PA 17011 By ~ purRU Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL IR. BRIAN L TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH N%SSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAO NOTICE TO: Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of civil Procedure 3129.1 attached hereto. YOU ~ HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. HER NOTIFIED that the lien you hold against the said YOU ~ FURT ........ ~^ o~ and that you have.a~ ' be olves~eo uy real estate wxll , - ~ ~ =n,, bv~notxfled of opportunity to protect your ln5eresu, said Sheriff's Sale. Attorney for Plaintiff BANKONE, NATIONAL ASSOCIATION : TRUSTEE Plaintiff : VS. THOMAS J. FERRARA AND MISTY M. : FERPJ~RA Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF P~ ESTATE PEI~NSYLV/~NIA P~'~ OF CIVIL PROcEDL~tE 312~ TAF~ENOTICE: That the held: DATE: TIME:10:00 O'clock A.M. LOCATION: Sheriff's Sale of Real Property (real estate) WEDNESDAY, DECEMBER 10, 2003 Commissioner's Hearing Room 2nd Floor Curaberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHE[)) THE LOCATION of your property to be sold is: 410 CASC~E ROAD, MECH~ICSBURG, PA 17055 THE J~/DG~NT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001-01011-CIVIL is' THE NAME(S) OF THE O~gER(S) OR REPUTED O~ERS of this property THOMAS J. FEP~ /~ MISTY M. FEP/~ A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes} will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND pLACE OF THE SALE OF YOU. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE~T', You may have legal rights to prevent your property from being taken away. 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 pAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 ?hone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOUMAY HAVE A~E: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff~s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFO~ THE SHERIFF~S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Reg. Surv., dated 6/22/1965, as follows: the westerly line of Ce.searle Road, said point being lo~atcd al a Beginning at a point on northerly direction from the westerly line of distanc~of426.$1 feet meaSured in a CaScade Road from the inter~ection of the northern line of l~im Acres Drive and the ~wcstern line of'Cascade Road, aS shown on the hereinafter mentioned plan et' lots; thence along thc northern line of Lot No. 17 on said plan south 82 deE, 37 min. west 132 feet to a point; thence along other lands now or formerly ofI-~van H. Miller, north ? deg. 23 min. west 80 feet to a point; thence alone the southern line of Lot No. 19 on said plan north 82 deg. 37 min. east 132 feet'to Cascade Road; thence alone the w~stcrty line o£ Cascade Road south 7 deg. 23 m/ri. west 80 feet to the place of beginning. Being Lot i'4o. 18 on Pl~.n of Section B, Mt. Allen Hclghts, said plan bclng recorded in Plan Book 10, page 57, Cumberland County Records. HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechan£csburp, Pennsylvania BEING THE SAME PREMISES which Thomas J. Ferrara as survivor of Grace C. Ferrara and Thomas J. Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NC). 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-25]. Homecomings v. Ferrara Cumberland County sale 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North From Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Postage: Postmark: 00.900 Homecomings v. Fen'ara Cumberland County sale 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Received from: Purcell, Krug & HaMer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 Postage: Postmark: COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND I, ~, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Central Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003., under and by virtue of a writ Execution issued on the 10th day of Sept., A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001. Number 1011., at the suit of Bankone. Natl Assoc Tr against Thomas J Ferrara & Misty M is duly recorded in Sheriff's Deed Book No. 261, Page 1813. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~<7~ ~tq day of ~ -~'~3~/~ ' eed~ Bankone National Association Trustee VS Thomas J. Ferrara and Misty M. Ferrara In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1011 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2003 at 10:43 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Thomas J. Ferrara and Misty M. Ferrara, by making known unto Thomas Ferrara, personally and husband of Misty M. Ferrara, at 1507 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 2::50 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Thomas J. Ferrara and Misty M. Ferrara located at 410 Cascade Road, Mechanicsburg, Peunsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Thomas J. Ferrara and Misty M. Ferrara, by regular mail to their last known address of 1507 English Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of October 9, :2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $80,751.00 to Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $84,613.94. Sheriff's Costs: Docketing $30.00 Poundage 1,615.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.18 Levy 15.00 Surcharge 30.00 Law Journal 325.85 Patriot News 281.89 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 2,477.84 Sworn and subscribed to before me So Answers: This ,2~a/day of ~ ~e'~~~ ~. _ R. Thomas Kline, Sheriff l~rolhonotary BY Real Estat~ Deputy SCHEDULE OF DISTRIBUTION SALE NO. 70 Date Filed: January 9, 2004 Writ No. 2001-1011 Civil Term Bankone, National Association, Trustee VS Thomas J. Ferrara and Misty M. Ferrara Sale Date: Buyer: Bid Price: December 10, 2003 Central Penn Property Services, Inc. $80,751.00 Real Debt: Interest: Attorney Costs: Late Charges Escrow Deficit $81,324.61 31,464.42 116.90 3,144.57 825.00 Total: $116,875.50 DISTRIBUTION: Receipts: Cash on account (09/11/03): Cash on account (12/10/03): Cash on account (12/26/03): $ 1,500.00 10,000.00 74,613.94 Total Receipts: $86,113.94 Disbursements: Sheriffs Costs Legal Search State Transfer 'Fax Local Transfer Tax Cumberland County Tax Claim Bureau Attorney Leon P. Haller Upper Allen Township Bankone, National Association $2,477.84 200.00 1,023.96 1,023.96 4,579.62 1,500.00 1,531.93 73,776.63 Total Disbursements: Balance for distribution: ($86,113.94) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 70 Held Wednesday, December 10, 2003 Date: December 10, 2003 TAXES: Receipts for all taxes for thc years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , and recorded , in Cumberland County Deed Book , Page RECITAL: Being the same promises which Thomas J. Ferrara by deed dated April 24, 2000 and recorded June 12, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 223 Page 199 granted and conveyed to Thomas J. Ferrara and Misty M. Ferrara, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this tide should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private fights in the roadbed of Cascade Road and Kim Acres Drive. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Section "B" of Mt. Allen Heights recorded in Plan Book 10 page 57. 7. Building and use restrictions for Mt. Allen Heights recorded in Miscellaneous Record Book 155, Page 766, and Miscellaneous Record Book 165, Page 205. 8. Mortgage in the amount of $75,000.00 given by Joseph Ferrara and Grace C. Ferrara, to First American Funding, Inc., dated June 29, 1999 and recorded December 9, 1999 in Mortgage Book 1586, Page 597. 9. Mortgage in the amount of $88,000.00 given by Thomas J. Ferrara and Misty M. Ferrara to Mortgage Lender's Network USA, Inc., dated April 24, 2000 and recorded June 12, 2000 in Mortgage Book 1617 Page 1031. Said mortgage was assigned to Bank, One, N.A. by instrument recorded November 6, 2000 in Miscellaneous Record Book 659, Page 458. Complaint in mortgage foreclosure filed by Bank One, N.A., as Plaintiff against Thomas A. Ferrara and Misty M. Ferrara, as Defendants in the Office of the Prothonotary of Cumberland County on February 20, 2001 to File No. 2001-1011. Judgment in the amount of $81,324.61 entered September 10, 2003. 10. Delinquent real estate taxes turned over to Cumberland County Tax Claim Bureau in the amount of $3,005.97 at the time of Sheriff Sale. 11. Municipal lien filed by Upper Allen Township as Plaintiff against Joseph Ferrara and Grace Fen'ara as Defendants on May 3, 2001 to File No. 2001-2658 in the amount of $554.22. 12. Rights granted to Bell Telephone Company of Pennsylvania bY instrument rec°rded in Miscellaneous Record Book 157, Page 98. 13. Rights granted to Bell Telephone Company of Pennsylvania bY instrument rec°rded in Miscellaneous Record Book 163, Page 34. 14. Rights granted to Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 164, Page 392. 15. Rights granted to Pennsylvania P°wer and Light C°mpany and Bell Teleph°ne Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 164, Page 396. 16. inheritance taxes due the Commonwealth of Pennsylvania, Department °f Revenue f°r the one-half interest owned in the subject premises by Grace C. Ferrara, deceased. 17. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. 18. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has search been made for environmental liens in Federal District Court. Robert G. Frey, Agen t b_e v.a d~tt r b d Note: This Tide Report shall n~ in lng until countersigned by an authorized s~gna ory. BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. ' THOMAS J. FERRARA AND MISTY M. : FERRARA : Defendants :' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE ~tFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 410 Cascade Road, Mechanicsburg, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Thomas J. Ferrara 410 Cascade Road Mechanicsburg, PA 17055 Misty M. Ferrara 410 Cascade Road Mechanicsburg, PA 1705!5 2. Name and address of Defendant(s) different from that listed in (1) above: in the Judgment, if SAME 3. Name and address of every judgment creditor whose appears of record on the real property to be sold: judgment U~OWN 4. Name of record: and address of last recorded holder of every mortgage PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: %R~KNOWN 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: UNKNOWN 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: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ~ 15 O 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 BANKONE, TRUSTEE NATIONAL ASSOCIATION : Plaintiff : VS. : : THOMAS J. FERRARA AND MISTY M. : FERRARA : Defendants .IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-01011 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: WEDNESDAY, DECEMBER 10, 2003 (real estate) TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 410 CASCADE ROAD, MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001-01011-CIVIL is: THE NAME(S) OF THE OWNER(S) OR BEPUTED OWNERS of this property THOMAS J. FERRARAAND MISTY M. FERRARA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS ~N ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE ~,~r TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOUMAY HAVE A~tE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with'the Court of 'Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator~s Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain piece or parcel of land, situate in the Township of Upper Allen, County of Cumberland, and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof made by D.P. Raffensperger, Reg. Surv., dated 6/22/1965, as follows: BeEi~%ing at a point on the west=fly llne of Cascade Road, said point belnE located al a disl~,nc~of426.81 feet rnes_sured in a northerly direction from ~he westerly line of Cascade Road from the intersect/on ofthe north~'n line of I</rn Acres Drive and the "~'western line of Cascade Road, as shown on ~he hereinafter mentioned plan et' lots; thence alonE the northern line of Lot 1~Io. 17 on said plan south 82 deE. 37 min. west 132 feel to a point; thence alon8 o~her lands now or formerly ofI-~van H. Miller, north 7 deE. 23 m/ri. west 80 feet'to a point; thence alone the southern line of Lot No. 19 on said plan north 82 deE. 37 min. east 132 leer'lo C~ade Road; thence alone the westerly line o£ Cascade Road south 7 deE. 23 min. west 80 feet to the place ot'beEinninE. BeinE Lot 1'4o. 18 on Plan of Section B, Mt. Allen I-fetEhts, said.plan being recorded in Plan Book 1 O, paEe 57, Curaberland County l~cords. o HAVING THEREON ERECTED A DWELLING KNOWN AS 410 Cascade Road, Mechanicsburg, Pe. nnsylvania BEING THE SAME PREMISES which Thomas J. Ferrara as survivor of Grace C. Ferrara and Thomas J. Ferrara, mother and son with right of survivorship, by Deed dated 4/24/00 and recorded 6/12/00 in Cumberland County Deed Book 223, Page 199, granted and conveyed unto Thomas J. Ferrara and Misty M. Ferrara. TO BE SOLD AS THE PROPERTY OF THOMAS J. FERRARA AND MISTY M. FERRARA UNDER JUDGMENT NO. 2001-01011 CIVIL TERM PARCEL NO. 42-28-2421-:251 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO01-1011 Civil cOUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE NATIONAL ASSOCIATION TRUSTEE Plaintiff (s) From THOMAS J FERRARA &ND MISTY M FERRARA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION · (2) You are also directed t° attach the pr°perty °f the defendant(s) n°t levied up°n in the p°ssessi°n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) n°t levied up°n an subject t° attachment is f°und in the p°ssessi°n of anyone other than a named garnishee, you are directed to notify him/her that he/sha has been added as a garnishee and is enjoined as above stated. Amount Dues 81,324.61 L.L.$ 0.50 Interest (PER DIEM OF $31.03 FROM 3/1/01 TO 12110103) $31,464.42 Atty's Comm % Due Prothy $1.00 Arty Paid $116.90 Plaintiff P aid Date: SEPTEMBER 10, 2003 Other CostsLATE CHARGES AT $95.29 (3//01 TO 12/03) $3,144.57 ESROW DEFICIT $ 825.00 (Seal) REQUESTING PARTY: Name LEON P HALLER ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 CURTIS R. LONG Prothono~ By:__ I ?]~/t~ {~), ~ Deputy Real Estate Sale # 70 On September 15, 2003 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 410 Cascade Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2003 By: ,J_~~ Real Esta~ Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The n P i t- w 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 Mamh 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the a~legations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY S A L E #70 [ Terry L RNCuust~l~l NS(~t~y Public City Of H~r~sburg, [~au jl:~u'nne 6C~u. 2n~o~6 NOTXRY F;UBLIC My Comm~ss~on Exp~resJu , ~ M commission ex ires June 6, 2006 Member Pennsylvania Ass(~ciatJon Of Notades Y P CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY ~RTHOUSE 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 Total $ 281.89 ,~o~a=~pi=(~ Publisher's Receipt for Advertising Cost _o~aid.~s2~ab.~,~t132f=~ '~,o., publisher of The Patriot-News and T u P i t-N w , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swam, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in thc County and State aforesaid, was established January 2, 1952~ and designated by the local courts as thc official legal periodical for thc publication of all legal notices, and has, since January 2, 1952, bean regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly thc same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 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 tree. KEAL ESTATE SALE NO. 70 Writ No. 2001-10[1 CiA[ Bap, k One, National Association Trustee Thomas J. Ferraxa and Misty M. Ferrara Atty.: Leon P. Hailer LEGAL DESCRIPTION ALL that certain piece or parcel of land. situate in the Township of Up- per Allen. County of Cumberland. and State of Pennsylvania. bounded and described in accordarxce with a survey and plan thereof made by D.P. Raffensperger, Reg. Surv., dated 6/22/1965. as follows: Beginning at a point on the: west- erty line of Cascade Road. said point being located at a ~istance of ,126.81 feet measured in a northerly direc- tion from the westerly line or Cas- cade Road from the intersection of SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003