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HomeMy WebLinkAbout01-1110Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755~1560, Attorney for Plaintiff, Loan No.: 0801315490 (326) LASALLE NATIONAL B.~qK AS TRUSTEE UNDER THE POOLiNG AND SERViNG AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, VS. SAVERIO R. PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01 '- / II~) COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 AVISO Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demasadas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con tm abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. SAVERIO R. PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiffis (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, with its principal place of business located at ONE RAMLAND ROAD, ORANGEBURG, NY 10962. 2. The names and last known addresses of the Defendants are: SAVERIO R. PELLEGRINO, 1524 E. DERRY ROAD, HERSHEY, PA 17033. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about NOVEMBER 20,1998, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to ALLIANCE FUNDING COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: NOVEMBER 20,1998 DATE RECORDED: NOVEMBER 25,1998 BOOK: 1500 PAGE: 658 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 10 lg(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about NOVEMBER 20,1998, in consideration of their indebtedness to ALLIANCE FUNDING COMPANY, SAVERIO R. PELLEGRINO made, executed and delivered to ALLIANCE FUND1NG COMPANY their promissory Note in the original principal amount of $171,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiffis the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: ALLIANCE FUNDING COMPANY ASSIGNEE: (326) LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 11/1/98, SERIES 1998~4 N/A DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7. The Mortgage is secured by property located at 510 SOUTH MARKET STREET, MECHANICBURG, PA 17055, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JUNE 6, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. The following amotmts are due on the Mortgage: Principal Balance PER NOTE% interest from MAY 6, 2000 to January 31,2001 at $52.56 per day Accrued Late Charges 2 $169,436.57 $12,425.96 $581.25 Property Inspections Estimated Attorney's Fees TOTAL AMOUNT DUE $205.00 $3,600.00 $18&248.78 Interest continues to accrue at the per diem rate of $52.56 for every day after January 31,2001 that the debt remains unpaid. 10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. {}403 is not applicable. 11. Pursuant to the notice provisions of Act 91, 35 P.S. {}1680.403(c), notice was sent to Defendants, dated AUGUST 18, 2000. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to meet wilh the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. I2. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. DATE: SPEAR & HOFFMAN, P.A. Jan 18 Ol I1:34a p.V VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her information, knowledge and belief and understands that the statements therein are made sul2ject to the penalties of 18 Pa.C.S.A. Section 4904, relating m unsworn falsification to authorities. I'~UREEN P. TOAL Foreclosure Specialist Exhibit "A " MORTGAGE lHISMORTGAGECSecuritylnstrument')isglvenon NOV~,~Eg 20, ~-998 . Themortgagor SAVER~O R PELLEOR][NO (U.S. $ l.?~., 000.00 ). This debt i$ evidanced by Borrower's note dated the same date a~ this o£the debt evidenced by' th~ Note, with interest, ~md ail renewals, ~xte~sions and modifications oFthe Note; ,660 Application; Leasebold~ Borrower shaft occupy, establish, and use the P~apegty as Borrower's principal residence within sixty days afior the execution of this Security l~sttumcnt a~d shall continue to occupy es a principal residence, tf' this Security lns~ument is on a leasehold, Bon'ower shall comply with all the 14. Notices. Any notice to Borrower provid~ for in this Security Instrument ~hall be given by [Ch~:k applicable box(es)} [~ Adjustable Rate Rider [] Condominium Rider [] 1-4 Family Rider [] Graduated Paymenl Rider [] Plm~ned Unit Developmem Rider ~ Biweekly Payment Rider [] Balloon Rider [] Rate Improvement Rider [~] Second Home Rider Witaessmyh~ndthis ~_CJ~ ' dayof ~ lqq~ Title of Officer AFFER RECORDING RETURN TO: ~OOK:I.500 N~ ,666 ALL THAT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of t~mberland, State of Pennsylvania, being on the West side of of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: sixty-seven (167) feet six (6) inches south from the intersection of parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center of a twenty foot alley, along the property formerly owaed by charles A. Markley, now or formerly of alley fifty (50) feet to a point the corner of lot now or formerly of said Helena Dietz one hundred and sixty-nine (169) feet to the center llne of Market Street; thence northward along the said center line of South Market Street sixty-one {61) feet and six (6) inches to the 21, 1995 in the office of the Recorder of Deeds for C%/~berland County in Deed Book 131, Page 701 granted and conveyed to Saverior R. AC~OONT~:0801315490 ADDENDUM TO MORTGAGI_~/DIgE_D OF TRUST/ DEED TO SECURE DF.~T/~E~U~I'I¥ DJgED This ADDENDUM TO MORTGAGE/DEED OF TRUSTtDEED TO ADJUSTABLE RATE RIDER (B) The Index z1500 ~i,{ ,673 (C) Calculation of Cl~aagea Before each Change Dat~, the Nole Holder will calculate my new interest rate by Exhibit "B " ADJUSTABLE RATE NOTE I1. UNIFORM SECURED NOTE This Note is a t~nfform insl~ment with lira[led variations in some j urisdlcti~s. In addition to the proI¢¢tions "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE ]0. ~ L~'~~~L~'~.. accow'r #: osota~,~o ADJUSTABLE RATE NOTE PA Exhibit "C" ALL ~{AT CERTAIN lot of ground situate in the Borough of Mechanicsburg, County of Cumberland, State of Pennsylvania, being on the West side of of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of the center of Market and Marble Streets; thence westward on llne parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the cemter of a twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point the corner of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or for~rly of said Helena Dietz one hundred and ~ixty-nine (169) feet to the center line of Market Street; thence northward along the said center line of South Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNING. BEING THE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by their deed dsted November 17, 1995 and recorded November 21, 1995 in the office of the Recorder of Deeds for Cumberland County in Deed Book 131, Page 701 granted and conveyed to Saverior R. Pellegrino, single man. Exhibit NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, take name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SHERIFF'S RETURN - CASE NO: 2001-01110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE NATIONAL BANK (326) VS PELLEGRINO SAVERIO R OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT PELLEGRINO SAVERIO R but was unable to locate deputized the sheriff of serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: Him in his bailiwick. DAUPHIN County, - MORT FORE/NOT He therefore Pennsylvania, to On March 26th , 2001 attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Dauphin Co 30.50 .00 67.50 03/26/2001 SPEAR & HOFFMAN Sworn and subscribed to before me this 2[~ day of -~.~3_~ A.D. Prothondta}}! this office was in receipt of the So answer~ /~~// Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2001-01110 P COMMON-WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND LASALLE NATIONAL BANK VS PELLEGRINO SAVERIO R (326) R. Thomas Kline duly sworn according to law, says, that inquiry for the within named defendant, PELLEGRINO SAVERIO R unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , NOTICE ,Sheriff or Deputy Sheriff, who being he made a diligent search and DEFENDANT but was He therefore returns the , NOT FOUND PELLEGRINO SAVERIO R the within named DEFENDANT , DEFEND~T DOES NOT RESIDE AT ABOVE ADDRESS FORWARDING ORDER EXPIRED AT THE POST OFFICE. Sheriff's Costs: Docketing .00 Service 6.82 Not Found Return 5.00 Surcharge .00 .00 11.82 , as to So answe~ /j~ //~ Sheriff of Cumberland County SPEAR & HOFFMAN 03/26/2001 Sworn and subscribed to before me this ~ day of ~/ A.D. Pro~hdnotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Ch/ef Deputy Commonwealth of Pennsylvania County of Dauphin : LASALLE NATIONAL BANK vs : PELLEGRINO SAVERIO R Sheriff's Return No. 0650-T - -2001 OTHER COUNTY NO. 01~10 AND NOW: March 21, 2001 at 5:34PM served the within NOTICE & COMPLAINT IN MORTG FORECLOSURE PELLEGRINO SAVERIO R to HIM of the original upon by personally handing 1 true attested copy(ies) NOTICE & COMPLAINT IN MORTG FORECLOSURE and making known to him/her the contents thereof at 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 Sworn and subscribed to before me this 22ND day:~MARCH, 2001 PROTHONOTARY So Answers, Sheriff of Dauphin County, Deputy Sheriff Sheriff's Costs: $30.50 PD 03/06/2001 RCPT NO 147239 STRUBHA In The Court of Common Pleas of Cumberland County, PennsyIvania LaSalle National Bank (326), et. al. VS. Saverio R. Pellegrino No. 01-1110 Civil ~ d Now, 2 / 2 * / 01 ,20 O ~, I, SHERIFF OF CLIM-BERLAND uO¥/'4TY, PA, o hereby deputize the Sheriff of Dauphin Colnlty to execute this Writ, this deputation being made at the request and ~sk of the Plaintiff. Sheriff of Cumberland County, PA Within Affidavit of Service ,20 ,at o'clock 5,4. served the upon by handing to a and made known to copy of the or/g-inal answers, the contents thereof. Sheriff of CounT, PA S~ om and subscribed oefore me ~s day of ,2O COSTS SERVICE MILEAGE AZFIDAVIT Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 1 I/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, VS. SAVERIO R. PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01 -- I IlO COPY COMPLAINT - CWIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 TRUE COPY FROM RECORD m T~lmo~y w~ereo[ i here unto~t my ham AVISO Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguiente$, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, Ia corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o on'os dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE, SI NO TI]~NE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OF1CINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintif£ Loan No.: 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998~4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. SAVERIO R. PELLEGRINO 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, with its principal place of business located at ONE RAMLAND ROAD, ORANGEBURG, NY 10962. 2. The names and last known addresses of the Defendants are: SAVERIO R. PELLEGRINO, 1524 E. DERRY ROAD, HERSHEY, PA 17033. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about NOVEMBER 20,1998, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described 4o ALLIANCE FUNDING COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: NOVEMBER 20,1998 DATE RECORDED: NOVEMBER 25,1998 BOOK: 1500 PAGE: 658 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about NOVEMBER 20,1998, in consideration of their indebtedness to ALLIANCE FUNDING COMPANY, SAVERIO R. PELLEGRINO made, executed and delivered to ALLIANCE FUNDING COMPANY their promissory Note in the original principal amount of $171,000.00. A copy Of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee, or the present holder of the Mortgage by virtue of the following assignments: ASSIGNOR: ALLIANCE FUNDING COMPANY ASSIGNEE: (326) LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED 11/1/98, SERIES 1998-4 N/A DATE OF ASSIGNMENT: AS RECORDED RECORDING DATE: AS RECORDED BOOK: AS RECORDED PAGE: AS RECORDED 7. The Mortgage is secured by property located at 510 SOUTH MARKET STREET, MECHANICBURG, PA 17055, which is more particularly described in the legal descr/ption attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JUNE 6, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and ail interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. The following amounts are due on the Mortgage: Principal Balance PER NOTE% interest firom MAY 6, 2000 to January 31,2001 at $52.56 per day Accrued Late Charges 2 $169,436.57 $12,425.96 $581.25 Property Inspections Estimated Attorney's ]Fees TOTAL AMOUNT DUE $205.00 $3,600.00 $186,248.78 Interest continues to accrue at the per diem rate of $52.56 for every day after January 31,2001 that the debt remains unpaid. 10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 11. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated AUGUST 18, 2000. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment 1N REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. D ATE: SPEAR & HOFFMAN, P.A. Jmn 18 01 Ii:B4m VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true aad correct to the best of his/her information, knowledge and belief and m~derstands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: / ~ M~UREEN P. TOAL Foreclosure Specialist Exhibit "A " MORTGAGE (U.S. $ 17L,O00.O0 ), This debt is evidenced by Borrower's note dated the same date as this LOAN ID: 0801319&90 ,~oo~].500.~ .,664 , BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenanl$ contained in lhls ~O~CkS.rJOnG£ ~[~.5 ALL THAT CERTAIN lot of ground sit.ate i~ the Borough of Mecbanicsburg, County of Cumberland, State of P~nnsylvania, bein~ on the West side of South Market Street, and kno%~n as N~. 510, the improveme~ts consistinH of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center Of Market Street one hundred and sixty-seven (167) ~eet six (6) inches south from the intersection of the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hu~dred and sixty-nine I169) feet and four (4) inches to the center of a twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point the corner of lot now or formerly of Helena Dietz; thence eastward along the line of lot now Or formerly of sa id Helena Dietz one hundred and sixty-nine I169) feet to the center line of Market Street; thence northward along the ~aid center line of South Market Street sixty-one {61) feet and six (6) inches to the place of BEGINNING. BEING TEE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by their deed dated November 17, 1995 and recorded Novel%her 21, 1995 in the office of the Recorder of Deeds for Cumberland County in Deed Book 131, Page 701 granted and conveyed to Saverior R. Pellegrino, single man. ADDENDUM TO MOI:~'~_GE/D?.,E_D ~F_,TRUST] DEED TO SEt2Lr~E DEBTISECURII ¥ DEED This ADDENDUM TO MORTGAGE/DEED OF TRUST/DEED TO SECURE DEBT/SECURITY DEED (also knov~ as "Security' [nstrurnera") is ma4¢ ~oo~lSO07A~ ~668 If an Adjustable Rate Rider is executed in conjunctioa with the Security Instrument, such rider is amended by: a) deleting tht section entltied, "Transfer of lb,, Property or ~ Beneficial laterest in Berrower" and b) ADJUSTABLE RATE RIDER (B) The Index {CONTINUEDON PAGE 3] 1590 ~,,~ £74 Exhibit "B" ADJUSTABLE RATE NOTE )0. ADJUSTABLE RATE NOTE Exhibit "C" ALL T~AT C~RTAIN lot Of ground situate in the Borough ef Mechmnicsburg, County of Cumberland, State of Pennsylvania, being on the west side of of a three-story brick house, three (3) car garage, and more particularly hounded and describmd as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of parallel with Marble Street one hundred and sixty-nine (169) feet and four (~) inches to the center of a twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line o~ said alley fifty (50) feet to a point the corner of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or for~erty of said $~lena Dietz one hundred and sixty-nine (169) feet to the center line of Market Street; thence northward along the said center llne of South Market Street sixty-one (61) feet and six (6) inches to the BRING TEE SAME P~EMIBES which Charles W. Stoner and Dorothy T. Stoner, 21, 1995 in the office of the Recorder of Deeds for Cumberland County in Deed Book 131, Pa~e 7D1 granted and conveyed to Saverior R. ~{o~d5'30~ ~667 Exhibit "D " © o ~<~=~ © Exhibit "E' NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law fh'm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor' s law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 0801315490 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED ! 1/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 PLAINTIFF, VS. SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-1110 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $194,741.70 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at PER NOTE% from MAY 6, 2000 to JUNE 8, 2001 (398 days ~ $52.56 per diem) Accrued Late charges Property Inspections Attorneys Fees (As stated in Complaint) TOTAL AMOUNT DUE BONNIE DAHL, ESQUIRE Attorney for Plaintiff $169,436.57 $20,918.88 $581.25 $205.00 $3,600.00 $194,741.70 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $194,741.70 ~ PRO PROTHY SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, iLOAN NO.: 0801315490 (326) LASALLE Nt~TIONAL BANK AS TRUSTEE UNDER T~IE POOLING AND SERVING AGREEMENT DA. TED 11/1/98, SERIES 1998-4 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1110 SAVERIO R. PELLEGRINO DEFENDANT(S) NOTICE To: SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17111 Date of Notice: 5/~"~/~/) I IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE 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 @R 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 HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 BONNIE DAHL, ESQUIRE Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. ')9294 1020 NORTH KINGS HIGH~'AY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, VS. SAVERIO R. PELLEGRINO DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A tree and correct copy of each Notice is attached hereto, sent as stated. Dated: ~'/~'/g~ i BY: SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, VS. SAVERIO R. PELLEGRINO DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-1110 CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERiES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 BY: BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, VS, SAVERIO R. PELLEGRINO DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-11 I0 CIVIL TERM CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 Date mailed: ~_~/ BY: SPEAR & HOFFMAN, P.A. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KiNGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAiNTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLiNG AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, VS. SAVERIO R. PELLEGR1NO DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, SAVERIO R. PELLEGR1NO, is over 21 years of age. His last employment is Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 510 SOUTH MARKET STREET, MECHANICBURG, PA 17055. SWORN TO AND SUBSCRIBED BONNIE DAHL, ESQUIRE BEFORE ME THIS ~ DAY OF,~'Sf'IO_. , 20Ol. I~tj~ry ~'~blic Of New Jer~y June 8, 2001 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLiNG AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIEF, VS. SAVERIO R. PELLEGRINO DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CWIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered again~3you in the above proceeding as indicated below: Judgment by Default [] [] [] [] Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL, ESOUIRE at this telephone number: (856) 755-1560 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PKAECIPE FOR WRIT OF EXECUTION (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 VS. SAVERIO R. PELLEGRINO : ( ) : ( ) Other : File No. : Amount Due : Interest : Attfs Coman : Costs Confessed Judgment 01-1110 CIVIL TERM $194,741.70 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriffof CUMBERLAND debt, interest and costs upon the following described property of the defendant(s) 510 SOUTH MARKET STREET, MECHANICBURG, PA 17055 County, for PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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 defendant(s) described in the attached exhibit. DATE: June 8, 2001 Signature: ~ b~~ Print Name: BONNIE DAHL, ESQUIRE Address: 1020 N. Kings Highway, Suite 210 Cherry Hill, N.J. 08034 Attorney for: (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11 / 1/98, SERIES 1998-4 O~ SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAEqT1FF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998--4 PLAINTIFF, VS. SAVERIO R. PELLEGRINO DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM CERTIFICATION BONNIE DAHL, ESQUIRE, hereby verifies that she is the attorney for the Plaimiffin the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( X ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, VS. SAVERIO R. PELLEGRINO DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIV1L TERM AFFIDAVIT PURSUANT TO RULE 3129.1 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 510 SOUTH MARKET STREET MECHANICBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 2. Name and address of Defendant(s) in the judgment: SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: RAYMOND HOLLOWAY, JR 510 SOUTH MARKET STREET 2ND FLOOR MECHANICSBURG, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address ofevery otherpersonwho has anyrecordinterest in the propertyandwhose interest maybe affected by the sale: BARRY L. HECKARD MECHANICSBURG TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 510 SOUTH MARKET STREET MECHANICBURG, PA 17055 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. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. O~ DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTIFF, VS. SAVERIO R. PELLEGRINO DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1110 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 Your house (real estate) at: 510 SOUTH MARKET STREET, MECHANICBURG, PA 17055 is scheduled to be sold at Sheriff's Sale un SEPTEMBER 5, 2001 at: CUMBERLAND COUNTY COURTHOUSE FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $194,741.70 obtained by (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The sale will be canceled if you pay to (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 1 I/1/98, SERIES 1998-4 the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffno later thanOCTOBER 5, 200i This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other fights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL THAT CERTAIN lot of ground i:n the Borough of Mechanicsburg, County of Cumberland, State of Pennsylvania, being on the West side of South Market Street, and known as No. 510, the improvements consisting of a three-story brick house, three (3) car garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of'the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center ora twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point the comer of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz on hundred and sixty-nine (169( feet to the center line of Market Street; thence northward along the said center line of South Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNING. BEING THE SAME PREMISES which Charles W. Stoner and Dorothy T. Stoner, his wife, by Deed dated November 17, 1995 and recorded November 21, 1995 in the Recorder's Office in and for Cumerland County, Pennsylvania in Deed Book Volume 131, Page 701, granted and conveyed unto Saverior R. Pellegrino, single man. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert P Ziegler I, ............................................................................. Recorder of D~eds in ~d for said County and State do'her~y certify that the Sheriff's Deed in which Bank as Trustee Under the Pooling & Servicing Agreement Dated 11-1-98 Series 1998-04 .................................................................................... i~ the grantee t ' 5th the rmme having be~m sold o said grantee on the ............................................... day of September A.D., .'. 2001 under and by virtue o! a writ Execution ................................................ Lssu~d on the 11 th day of ....... g.u~c .............. A.D., 20-0.1._~ out of the Court of Comman Pleas o/said County'as of Givil .................................................................................. 2 9_°_L_ Numher 1110 at the sult of (326) LaSalle National Bank as Trustee Under the Pooling & Serving Agreement Dated 11-1-98 Series 19~-~ ................................... ag mst ....... ~-~e =~o_ _R _ ~zJ. 1 ggl:z ap_ duly re~orded in Sherifl's Deed Book No. 248 , 4130 ............. Page ............. IN TESTIMONY WHEREOF, I have hereunto set my ha. nd and I f d of sea o sal rice this ........... day .... .............A.D., Recorder of Deeds (326) LaSalle National Bank as Trustee Under the Pooling and Serving Agreement Dated 11/1/98, Series 1998-4 VS Saverio R. Pellegrino In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1110 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Saverio R. Pellegrino, but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. And Now: July 6, 2001 at 11:13 A.M., served the within Real Estate Writ, Notice & Description upon Saverio R. Pellegrino by personally handing to him one true attested copy of the original Real Estate Writ, Notice & Description and making known to him the contents thereof at 6638 Springford Terrace, Harrisburg, PA 17109. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states on July 02, 2001 at 10:30 o'clock A.M., EDST, she posted atrue copy of the within Real Estate Writ, Notice, Poster and Description on the property of Saverio R. Pellegrino located at 510 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Saverio R. Pellegrino, by regular mail to his last known address of 6638 Springford Terrace, Harrisburg, PA 17109. This letter was mailed under the date of July 20, 2001 and never returned to the SherifFs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $100,000.00 to Attorney Jane Adams (for Attomey Bonnie Dahl) for LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement dated 11/1/98, Series 1993-04. It being highest bid and best price received for the same, LaSalle National Bank, As Trustee Under the Pooling and Servicing Agreement dated 11/1/98 Series 1998~04 of One Ramland Road, Orangeburg, NY 10963, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $2,968.80. Sheriff's Costs: Docketing $ 30.00 Poundage 2000.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.50 Certified Mail 1.72 Levy 15.00 Surcharge 20.00 Law Journal 293.30 Patriot News 253.62 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $2,768.80 paid by attorney 10-05-01 Sworn and subscribed to before me This J/~ day of 2001, A.D.~,~.~ ~ ~ t~rothonotary R. Thomas Kline, Sheriff Real2Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA). COUNTY OF CUMBERLAND) NO. 01-1110 CIVIL CIVIL ACTION - LAW TO THE SHERIFF OF Ct~nberla~d COUNTY: To satisfy the debt, interest and costs due (326) ~aSalle National ~ as Trustee Under the pooling and Serving Agreement Dated 11/1/98, Series 1998-4 PLAINTIFF(S) from_Saverio R. Pelleqrino, 510 South Market Street, ~chanicsburg, PA 17055 (1) You are directed to levy upon the property o! the defendant(s) and to sell DEFENDANT(S) See ~egal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/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 inthe Possession of anyoneother than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $194,741,70 L.L. $. 50 Interesl Due Prothy $1.00 Atty's Comm % Other Costs Arty Paid $179, 14 Plaintiff Paid Dale: ,]llnP 11, 2001 REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Court ID NO. Bonnie Dabl, Esq. 1020 N. Kings Highway, Suite 210 Cherry Hill, N.J. 08034 Plaintiff 856-755-1560 79294 L-3.z~t~ R. Long Prothonotary, Civil Division Deputy u~L ESTA'I'E SALE L~l, ~o,'~ ~c~, 2oo I the sneml levied up0rl me a~eno~, interest in the real pr0pertv this writ and by this reference incorporated herein~ SCHEDULE OF DISTRIBUTION SALE NO. 56 Writ No. 2001-1110 Civil Term (326) LaSalle National Bank as Trustee Under the Pooling & Servicing Agreement Dated 11/1/98 Series 1998-4 VS Saverio R. Pellegrino Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement dated 11/1/98 Series 1998-04 $100,000.00 Real Debt Interest Attorney writ costs Total $194,741.70 179.14 $194,920.84 Distribution Amount Collected Legal Search Sheriff's Costs $2,968.80 200.00 2,768.80 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. 56 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT: Company assumes no liability for private supply of water or sewer. 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 ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Charles W. Stoner and Dorothy T. Stoner, his wife, by deed dated November 17, 1995 recorded November 21, 1995 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book 131, Page 701 granted and conveyed to Saverio R. Pellegrino, single person. OTHER EXCEPTIONS: i. The identity and legal competency of parties at the closing of this title 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 rights in the roadbeds of Market Street, Marble Street, and an un- named alley. 6. Building and use conditions and restrictions as set forth in deed of Victor L.C. Heasskarl and Emestine J. Heasskarl recorded in Deed Book "F," Volume 10, Page 597. Mortgage in the amount of $171,000.00 given by Saverio R. Pellegrino to Alliance Funding Company dated November 20, 1998 recorded November 25, 1998 in Mortgage Book 1500, Page 658. Assigned to LaSalle National Bank by instrument recorded in Miscellaneous Record Book 674, Page 238. Complaint in Mortgage Foreclosure filed by LaSalle National Bank as Plaintiff against Saverio R. Pellegrino as Defendant in the Office of the Prothonotary of Cumberland County to file number 2IX)l-1110. Default judgment in the amount of $194,741.70 entered June 11, 2001. 8. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau. The amount owed at the date of sale being $1,687.90. 9. Satisfactory evidence to he produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 10. Real estate taxes accruing on and after January 1, 2002 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 any search been made for environmental liens in Federal District Court. Note: This Title Report shall not be v~id orlbinding until countersigned by an authorized ~gn"amfy. REAL ESTATE SALE NO. 56 Writ No. 2001-1110 Civil (326] LaSalle National Bank, as Trustee Under the Pooling and Serving Agreement Dated 11/1/98, Series 1998~4 vs. Saverin R. Pellegrino Atty,: Bonnie Dab3 ALL THAT CERTAIN lot of ground in the Borough of Mechanlcsburg, County of Cumberland. State of Pennsylvania. being on the West side of South Market Street, and known as No. 510, the Improvements consisting of a three-story brick house, three (3) car garage, and more pal-tlcularl¥ bounded and described as follows, to wit: BEGINNING at a point in the cen- ter of Market Street one hundred and sixty-seven (167) feet s/x (6) inches south from the intersection of the center of Market and Marble Streets; thence westward on line parallel w/th Marble Street one hun- dred and sixty-nine [169) feet and four (4) inches to the center of a twen- ty foot alley, along the property for- merly owned by Charles A. Markley, now or formerly of George M. Mark- ley; thence southward along the center line of said alley fifty (50) feet to a point the comer of lot now or formerly of Helena Dletz; thence eastward along the line of lot now or formerly of said Helena Diets on hundred and sixty-nine {169) feet to the center line of Market Street; thence northward along the said center line of South Market Street sLx'W-one {6I) feet and slx {61 inches to the place of BEGINNING. BEING THE SAME PREMISES wi:ach Charles W. Stoner and Dor- othy T. Stoner, his wife, by Deed dated November 17, 1995 and recorded November 21, 1995 In t~e Recorder's Office in and for Cum- berland County, Pennsylvania in Deed Book Volume 13I, Page 701, granted and conveyed unto Saverl0r R. Pelleg~no, single man. SPEAR & HOFFMAN, P.A. BY: BONNIE DAI-I/L, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 PLAINTI]?F, VS. SAVERIO R. PELLEGRINO DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 510 SOUTH MARKET STREET MECHANICBURG, PA t 7055: 1. Name and address of Owner(s) or Reputed Owner(s): SAVERIO R. PELLEGRINO 6638 SPRINGFORD TERRACE HARRISBURG, PA 17109-0000 2. Name and address of Defendant(s) m the judgment: SAVERIO R. PELLEGRINO 6638 SPRINGFORD TEtLRACE HARRISBURG, PA 17109-0000 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: RAYMOND HOLLOWAY, JR 510 SOUTH MARKET STREET 2ND FLOOR MECHANICSBURG, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: (326) LASALLE NATIONAL BANK AS TRUSTEE LrNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 ONE RAMLAND ROAD ORANGEBURG, NY 10962 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: BARRY L. HECKARD MECHANICSBURG TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 510 SOUTH MARKET STP~ET MECHANICBURG, PA 17055 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. §4904 relating to unswom falsification to authorities. SPEAR & HOFFMAN, P.A. Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DA_I-IL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING ?2qD SERVING AGREEMENT DATED 1//1/98, SERIES 1998-4 PLAINTIFF, VS. SAVEKIO R. PELLEGRINO DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1110 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SAVERIO R. PELLEGRINO 6638 SPRINGFOtLD TERRACE HARRISBURG, PA 17109-0000 Your house (real estate) at: 510 SOUTH MARKET STREET, MECHANICBUKG, PA 17055 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 2001 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce tl~e court judgment of $194,741.70 obtained by (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 1998-4 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHEP, ZFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale w/Il be canceled if you pay to (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERVING AGREEMENT DATED 11/1/98, SERIES 19984 the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney.to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY A_ND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale w/Il go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FI3qD OUT WHERE YOU CAN GET LEGAL HELP. CUMBER_LAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO TIiE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL THAT CERTAIN lot of ground in the Borough of Mechanicsburg, County of Cumberland, State of Pennsylvania, being on the West side of South Market Street, and known as No. 510, the improvements consisting of a three-story brick house, three (3) ear garage, and more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Market Street one hundred and sixty-seven (167) feet six (6) inches south from the intersection of the center of Market and Marble Streets; thence westward on line parallel with Marble Street one hundred and sixty-nine (169) feet and four (4) inches to the center ora twenty foot alley, along the property formerly owned by Charles A. Markley, now or formerly of George M. Markley; thence southward along the center line of said alley fifty (50) feet to a point the comer of lot now or formerly of Helena Dietz; thence eastward along the line of lot now or formerly of said Helena Dietz on hundred and sixty-nine (169( feet to the center line of Market Street; thence northward along the said center line of South Market Street sixty-one (61) feet and six (6) inches to the place of BEGINNING. BEING THE SAME PREMISES which Charles W, Stoner and Dorothy T. Stoner, his wife, by Deed dated November 17, 1995 and recorded November 21, 1995 in the Recorder's Office in and for Cumerland County, Pennsylvania in Deed Book Volume 131, Page 701, granted and conveyed unto Saver/or R, Pellegrino, single man. 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 MisCellaneous Book "M", Volume 14, Page 317. ~..~.. PUBLICATION ..................................... !. .................................................... COPY Sworn to and subscribe is 2 2001 A.D. , ~ ~'~' m~m/.L. RusSell, .eta? Puelic ',,~ . . Hamburg. Oau~lnr~my 1',~33'ARY PUBLIC My Cornrnissto~ E~t~lru June 6, Member, Pennsy~vanla Association ~ Nelane~y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE ' r ~ r .:~ CUMBERLAND COUNTY 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 $ 252.12 Probating same Notary Fee(s) $ 1.50 ~ Total $ 253.62 circulation, been duly paid. Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ge receipt of the aforesaid notice and publication costs and certifies that the same have 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 thc 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. REAL ~STATR 8AL~ NO. ~6 Writ No. 2001-1110 Civil (326) LaSalle National Bank, as Trustee Under the Pooling and Serving Agreement Dated 11/1/98, Series 1998-4 VS. Saverio R. Pellegrino Atty.: Bonnie Datd ALL THAT CERTAIN lot of ground in the Borough of Mechanicsburg, County of Cumberland, State of Pennsylvania, being on the West side of South Market Street, and kno~m as No. 510, the improvements consisting of a three-story brick house, three (31 car garage, alld more particularly bounded arid described as follows, to wit: SWORN TO AND SUBSCRIBED before me this 3 .day of AUGUST, 2001 Notary ffff SEAl. Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ, 08034 (856) 755-1560 Attorney for Plaintiff (326) LASALLE NATIONAL BANK AS TRUSTEE UNDER THE POOLING AND SERViNG AGREEMENT DATED 11/1/98, SERIES 1998-4 VS. SAVERIO R. PELLEGRINO Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1110 CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiff's Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. BY: BONNIE L. DAHL, ESQUIRE