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HomeMy WebLinkAbout10-6232CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. NO. 16 6 a3 r? r z> -TI BRENDA STONE and rte', ce) DOMINGO VAZQUEZ, CIVIL ACTION :??` <? •?, Defendants NOTICE W? You have been sued in court. If you wish to defend against the clairris set orttY`In the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249-3166 SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA o1-) y ?k? ?U 3d ? 5 ?l.) yY- 5'T CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10, 3 a C :v,`l CIVIL ACTION COMPLAINT SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA 1. Plaintiff Cumberland Valley Habitat for Humanity, Inc., is a Pennsylvania non-profit corporation with a mailing address of 39 Heisers Lane, Carlisle, Pennsylvania 17015. 2. Defendant Brenda Stone is an adult individual residing at 40 Bellaire Avenue, Carlisle, Pennsylvania 17013. 3. Defendant Domingo Vazquez is an adult individual with a last known address of 40 Bellaire Avenue, Carlisle, Pennsylvania 17013. 4. After reasonable investigation, Plaintiff is unable to ascertain the whereabouts of Defendant, Domingo Vazquez. 5. Defendants are the owners of the real property subject to the mortgage described below. 6. On or about July 2, 2004, in consideration of their indebtedness to Plaintiff in the amount of fifty-three thousand two hundred and sixteen dollars ($53,216.00), Defendants made, executed and delivered to Plaintiff their promissory note in favor of Plaintiff, in the amount of fifty-three thousand two hundred and sixteen dollars ($53,216.00) (the "Note"). 7. As security for the performance of their obligations under the Note, Defendants made, executed and delivered to Plaintiff a mortgage upon the real property located at 40 Bellaire Avenue (the "Mortgage"), which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1872 Page No. 3279. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked as Exhibit "A." 8. The Mortgage covers the following described property: ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18, Page 77, as follows: LOT No. 39: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds East 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA 9. On January 8, 2007, the Mortgage was assigned to Orrstown Bank, a Pennsylvania Corporation, by Plaintiff, which Assignment is recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 733, Page 2953. A copy of the Assignment is attached hereto, made a part hereof and marked Exhibit "B." 10. On July 2, 2008, the Mortgage was assigned to Plaintiff by Orrstown Bank, a Pennsylvania corporation, which Assignment is recorded in the Office of the Recorder of Deeds of Cumberland County in Instrument Number 200827115. A copy of the Assignment is attached hereto, made a part hereof and marked Exhibit "C." 11. The Mortgage is in default because monthly payments of principal upon said Mortgage due February 1, 2010 and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon failure of Defendants to make such payments after a date specified by written notice sent to Defendants, the entire principal balance thereon are collectible forthwith. 12. Defendants are indebted to Plaintiff under the Note and Mortgage as follows: Principal Balance as of September 28, 2010: $ 41,331.55 Late Fees: $ 80.00 Total Amount Due: $ 41,411.55 13. Said mortgage provides that the Lender, Plaintiff, is entitled to attorney's fees and costs of title evidence to the extent permitted by law. 14. Pursuant to the notice provisions of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c), Plaintiff sent Notice of Intention to Foreclose Mortgage dated July 2, 2010 to each Defendant, individually, by certified mail, return receipt requested and by first class mail. A copy of the Notice of Intention to Foreclose Mortgage sent to Defendant, Brenda Stone, is attached hereto as Exhibit "D". A copy of the Notice of Intention to Foreclose Mortgage sent to Defendant, Domingo Vasquez, is attached hereto as Exhibit "E". 15. Defendants have failed to cure the default. 16. Defendants have failed to meet with the Plaintiff or any of the consumer credit counseling agencies listed in the notice and have further failed to meet the time limitations specified in the notice. WHEREFORE, Plaintiff demands judgment of mortgage foreclosure against the mortgage property in the sum of 41 411.55, together with costs and attorney fees. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Date: Z 5I ?° Respectfully Submitted, SAIDIS SULLIVAN LAW BXA ?C Gf elso yI.D. No.209107 26 West High Street Carlisle, PA 17103 (717) 243-6222 Fax: (717) 243-6486 Counsel for Plaintiff MMTG hm THIS MORTGAGE ("Security Instrument") is given on July 2, 2004. The mortgagor is Domingo Vasquez and Breads stone, whose address is 40 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania 17013 ("Borrower"). This Security instrument is given to C HffJMA= VALLEY HABITAT FOR H0 MITY, 3340., a Pennsylvania non-profit corporation with mailing address of P.O. Box 147, Carlisle, Cumberland County, Pennsylvania ("Lender"). Borrower owes Lender the principal sum of Fifty-three thousand, Two Hundred Sixteen and 00/100 Dollars (U.S. $53,216.00) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2029. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications; (b) the payment of all other sums advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED With address of 40 Bellaire Avenue, Carlisle, PA 17013 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. CO All replacements and additions shall also be covered by this - Security Instrument. All of the foregoing is referred to in this -ar Security Instrument as the "Property." C,0 zrnr- BORROWER COVENANTS that Borrower is lawfully seized of the rn rr. estate hereby conveyed and has the right to mortgage, grant and C convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend a generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: 1. Payment of Principal; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of the debt evidenced by the Note and any late charges due under the Note. 1 _,r x BK ! 872PG3279 )1/0812009 9:41:30 AM CUMBERLAND COUNTY 200427066 - Page 1 of 10 1 2. Funds for Taxes and lnm=anm Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security instrument; and (b) yearly hazard insurance premiums. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or"its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to amounts payable under paragraph 2; and last, to principal due. Bi i 872PG3280 ]1108!2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 2 of 10 4. Charg" ; Lions. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. nardwwm SHALL NOT PlTWT A SZCOND MRTGAGE OR THE LIEN OF ANY OTMR sUBOOi na= rnLwcn4G TO SE PLACED AGAnOT TM BROMRTY FOR FTVZ YEARS FROM THE DATE OF THE NOTE. 5. Hazard Insuranoo. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically BK 1872PG328 I 01/08;2009 9:41:30 AM CUMBERLAND COUNTY! Inst.# 200,427066 - Page 3 of 10 feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenanos of Property; Use an Principal Residenos. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste, nor allow any illegal activity to occur on the Property. Borrower shall occupy the Property at all times as a principal residence and shall not lease the Property or any portion of the Property to any person. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall be payable upon notice from Lender to Borrower requesting payment. 4 Bit 1872PG3282 01108/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 4 of 10 S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condanation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lander Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. OKI872PG3283 01/08/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 5 of 10 11. SUCOea/OrD end Assigns bound; Joint and Several Liability; co-signors. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. L*gislatioa Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. N Un-1872PG3284 )1/0812009 9:41:30 AM CUMBERLAND COUNTY Jnst.# 200427066 - Page 6 of 10 15. Governing Law; 8evarability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than. 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 16. Borrower's Right to Roinatate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument; including, but not limited to, reasonable attorneys' Fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this 9K i 872PG3285 01/08/2009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 7 of 10 right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17, 19. Aooeleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise), Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 23. Purchaso Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to 00872P6328.6 31/08/2009 9:41:30 AM CUMBERLAND COUNTY InSL# 200427066 - Page 8 of 10 the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After ,Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the legal rate. 25. Further M119at1on of Borrower. Borrower and Lender have entered into a certain Right of First Refusal and Shared Instrument, and Agreement agrees that anye actdate ual or as attempted breach or violation by Borrower of that Agreement shall be a default under this Security Instrument and shall entitle Lender to exercise all of its rights under this Security Instrument, including acceleration. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. Witnes Domingo azqu \7?Y BiSda Stone I hereby certify that the precise residence and complete office address of the within Mort post PA 17013 P.O. Box 147, Carlisle, ttor y/ ent Mortgagee Rober C. Saidis, Esq. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ). ss. On this, the 2nd day of July, 2004, before me, the undersigned officer, personally appeared Domingo Vazquez and Brenda Stone, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I MY hand/4"fficial seal. otary 9 N? y P? eDft 142 W1672PG32'$.7 01/0812009 9:41:30 AM CUMBERLAND COUNTY Insk# 200427066 -page 9 of 10 ZZKIBZT I%An LMAL D=SMUMOK ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18, Page 77, as follows: LOT No. 39: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds East 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 36 and 39 South 39 degrees 39 minutes west 162.27 feet to the place of BEGINNING 4.18 72pj 32".. 11 ,fl('a laird County PA Recorder of Deeds )110812009 9:41:30 AM CUMBERLAND COUNTY Inst.# 200427066 - Page 10 of 10 ? S?q ASSIGNMENT OF MORTGAGE For value received, CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., a Pennsylvania nonprofit corporation, does hereby grant, sell, convey, assign and delivery onto ORRSTOWN BANK, A Pennsylvania Banking Corporation, 77 But King Street, Shippensburg, Pemaylvma 17257, its suoceaaots and assigns, the following Mortgage, together with the Note secured thereby. Name of Original Mortgagor(s): DON33WO VAZQOEZ AND ERZIM STOIC Secured by the real property located at: 40 Bogy AV==, Wiff-TSM. P=SrLVAIIA 17013 Municipality: NORTH MMI.STOIV TOWNSEMP Original Principal Arnount: *53.216.00 County Recorded in: CUMMMWI" Mortgage Recorded: JULY 6, 2004 Mortgage Book :1672 P*P. 3 79 IN WITNESS WHEREOF, the Assignor has duly executed this Assignment the(tL day of c 2007. C-F CUMBERLAND VALLEY z HABITAT FOR HUMANITY, INC. A Pennsylvania nonprofit corporation t? - tT> Name: 1d?A ?. fDl,t.z L.C if Title: Char on -a COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND u t day o 2007, before me, the undersigned officer, personally appeared ?am t' . Chaitp on, an authorized officer of Cumberland Valley Habitat for ?-. Humanity, Inc., a Pwnsytvanis nonprofit corporation, and acknowledged that the, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness wbereof, I have herrecmtya-tny+snd and official NtttttttWSW &idget Y. &Pft al, M fty Fdtlc ShippsnWMBoa,CWWW rdO0u MY Cornntlssim BON BapL 30.20 4embe . Psmrytvanis Aasodason Of Me The below signer, hereby catifies that the principal place of business and complete post office address of the within nanxd Assignee is as follows, AND AFTER RECORDATION, THIS ASSIGINMETN IS TO BE MAILED TO: C:(' ii ry th1S Lo be recorded i ri. Cumberland County PA Recorder of )110812009 9:41:44 AM Orrstown Bank 77 East Main Street Shippen?sbbur?g,, PA 1772257 4,7xh1 6; P.t? -1.1 . lnst.# 200 DI844 - rage 1 of 1 ASSIGNMENT OF MORTGAGE I For value received, ORRSTOWN BANK, a Pennsylvania corporation, does hereby grant, sell, assign, transfer and convey, unto CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., a nonprofit corporation organized and existing under the laws of the State of Pennsylvania, whose address is 39 Heisers Lane, Carlisle, PA 17015, its successors and/or assigns, the following Mortgage, together with the Note secured thereby, Name of Original Mortgagor(s): DOMINGO VAZQUEZ AND BRENDA STONE Secured by the real property located at: 40 BELLAIRE AVENUE, CARLISLE, PENNSYLVANIA 17013 Municipality: NORTH MIDDLETON TOWNSHIP Original Principal Amount: $53,216.00 Mortgage Recorded: JULY 6, 2004 County Recorded in: CUMBERLAND Mortgage Book: 1872 Page: 3279 IN WITNESS WHEREOF, the Assignor has duly executed this Assignment the l day of , 2008. ORRSTOWN BANK, a Pennsylvania corporation By: (tw /"i l.? Name: Title: VP COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND OnS?is, the_?day of 2008, before me, the undersigned officer, personally appeared K , 41r,-r-) Vice President, an authorized officer of Orrstown Bank, a Pennsylvania corporation, and acknowledged that he, being authorized to do so, executed the foregoing instrument fvrte.purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. The below signer, hereby certifies that the principal place of business and complete post office address of the within named Assignee is as follows, AND AFTER RECORDATION, THIS ASSIGNMENT 1S TO BE MAILED TO: CUMBERLAND COUNTY HABITAT FOR HUMANITY, INC. n 39 HEISERS LANE r I (? CARLISLE, PA 17015 X1/0812009 9:42:12 AM CUMBERLAND COUNTY lnst.# 200827115 - Page 1 of 2 CERTIFICATE OF RESIDENCE ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200827115 Recorded On 818/2008 At 12:59:00 PM * Total Pages - 2 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 26740 User ID - RAK * Mortgagor - VAZQUEZ, DOMINGO * Mortgagee - CUMBERLAND VALLY HABITAT FOR HUMANITY INC * Customer - CUMBERLAND VALLEY HABITAT * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10.00 $11.50 $2.00 $3.00 $27.00 I Certify this to be recorded in Cumberland County PA o RECORDER O r?so * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ?IIOINIRNWININI Certification Page DO NOT DETACH This page is now part of this legal document. ]1/06/2009 9:42:12 AM CUMBERLAND COUNTY Inst.# 200827115 -Page 2 of 2 1 Date: July 2, 2010 To: Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROI'ill FORECLOSURE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the counseling agency. The name, address and hone number of Consumer Credit Counseling Agencies serving our Count are listed at the end of this Notice. If you have an uestions, you may call the Penns Ivania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing may call (717)_780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Brenda Stone & Domingo Vazquez Property Address: 40 Bellaire Avenue, Carlisle PA 17013 Original Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation, Current Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation 39 Heisers Lane, Carlisle, PA 17015 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counselin agencies listed at the end of this Notice the lender ma NOT take action against you for thirt 30 days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the Count in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) 2 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u to date NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 40 Bellaire Avenue, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: February 1, 2010 thru June 30, 2010 at $389.00 per month. Monthly Payments Plus Late Charges Accrued $ 1,995.00 NSF: $ 0 Inspections: $ 0 Other $ 0 (Suspense) $ 0 Total amount to cure default $1,995.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,995.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to. Cumberland Valley Habitat for Humanity, Inc., 39 Heisers Lane, Carlisle, PA 17015, (717) 258-1830. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at an time u to one hour before the Sheriff's Sale. You may do sob paying the total amount then past due Plus an late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 3 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane, Carlisle PA 17015 phone - (717) 258-1830 fax - (717) 258-1830 email - cvhfh@earthlink.net EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or X may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, cc: Jerry Nichols, ED CVHFH SAID,r SULLIVAN LAW ;; reW ?"son E. Kelso, Esquire Mailed by 15` Class mail / Certificate of Mailing and Certified Mail No.: 70ogI o0onno7s7i ??nR 4 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 ,'17.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 5 Date: July 2, 2010 To: Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the ro ram works To see if HEMAP can help- you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the counseling agency. The name, address and hone number of Consumer Credit Counseling Agencies serving our County are listed at the end of this Notice. If you have an questions, you ma call the Pennsylvania Housin Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing may call 717 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Brenda Stone & Domingo Vazquez Property Address: 40 Bellaire Avenue, Carlisle PA 17013 Original Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation, Current Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation 39 Heisers Lane, Carlisle, PA 17015 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If You meet with one of the consumer credit counseling agencies listed at the end of this Notice the lender may NOT take action a ainst ou for thirty 30 days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the Count in which the ro ert is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) 2 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u to date NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 40 Bellaire Avenue, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: February 1, 2010 thru June 30, 2010 at $389.00 per month. Monthly Payments Plus Late Charges Accrued $ 1,995.00 NSF: $ 0 Inspections: $ 0 Other $ 0 (Suspense) $ 0 Total amount to cure default $1,995.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,995.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to. Cumberland Valley Habitat for Humanity, Inc., 39 Heisers Lane, Carlisle, PA 17015, (717) 258-1830. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortga e property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at an time u to one hour before the Sheriff's Sale. You may do sob paying the total amount then past due plus an late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and an other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could beheld would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane, Carlisle PA 17015 phone - (717) 258-1830 fax - (717) 258-1830 email - cvhfh@earthlink.net EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or X may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, cc: Jerry Nichols, ED CVHFH SAIDULLIVAN LAW son E. elso, Esquire Mailed by I" Class mail / Certificate of Mailing and Certified Mail No.: 7o081300000075712681 4 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. BRENDA STONE and DOMINGO VAZQUEZ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. CIVIL ACTION Defendants VERIFICATION I, Jerry Nichols, Executive Director of Cumberland Valley Habitat for Humanity, Inc., being authorized to do so on behalf of Cumberland Valley Habitat for Humanity, Inc., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge 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. CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Date: *L1 D SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _ ~~~--~~ ~~~ ~a,~rtitir 4t C~~lir~brrfr~~~ (~~` I ~"~ ~>~~--~..s.~~~OTA~`~ Jody S Smith Chief Deputy ~~ ~ ,~ ~ s~ .._ ~ 2040 OCR -~ ~'~~ 2~ 2~ Richard W Stewart Solicitor ~FI~~,,~ -.~G ;..~t~IFF f;~9~~t~E~S~~~D CQI~€~ i R° Cumberland Valley Habitat for Humanity Inc Case Number vs. Brenda Stone (et al.) 2010-6232 SHERIFF'S RETURN OF SERVICE 10/01/2010 10:27 AM -William Cline, Corporal, who being duly sworn according to law, states that on October 1, 2010 at 1027 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brenda Stone, by making known unto herself personally, at 40 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY 10/01/2010 03:01 PM -William Cline, Corporal, who being duly sworn according to law, states that on October 1, 201C at 1501 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Domingo Vazquez now known as Domingo Vazquez-Messenger, by making known unto himself personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him ersonally the said true and correct copy of the same. ILLIAM CLINE, DEPUTY SHERIFF COST: $55.24 October 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft. Inc. r CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC., CUMBERLAND COUNTY, PA.,,, Plaintiff c V. -V :x -i NO. 10-6232 z ? C-rrl )-, rr-- BRENDA STONE and Cnr-- , aor^ ? DOMINGO VAZQUEZ, CIVIL ACTION - ` ` Defendants j- -c w PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendants, Brenda Stone and Domingo Vazquez, for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from service thereof and for foreclosure and sale of the mortgage premises, and assess Plaintiff's damages as follows: As set forth in Complaint: $41,411.55 Interest: $ 0.00 Total: $41,411.55 SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Attached as Exhibit "A" is a copy of Plaintiff's written Notice in accordance with Rule 237.1, which I certify was mailed by regular mail to Defendant, Brenda Stone, at her last known address on November 8, 2010, which is at least 10 days prior to the filing of this Praecipe. Attached as Exhibit "B" is a copy of Plaintiff's written Notice in accordance with Rule 237. 1, which I certify was mailed by regular mail to Defendant, Domingo Vazquez, at his last known address on November 8, 2010, which is at least 10 days prior to the filing of this Praecipe. Date: 12 4 & Respectfully submitted, SAIDIS S LNAN LA By: f AN son E. Kelso, Esquire Attorney ID No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 k AND NOW, _,?Q?Q,Qi? _1, 2010, judgment is entered in favor of the Plaintiff and against Brenda Stone and Domingo Vazquez, Defendants, and damages are assessed as above in the sum of $41,411.55. 2) Pr otary i? ?. • 41 CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 BRENDA STONE and DOMINGO VAZQUEZ, Defendants To: Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 Date of Notice: November S, 2010 CIVIL ACTION IlVIP'ORTANT TEN DAY NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN (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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE, CAN PROVIDE YOU )NTITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGBILE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249-3166 SAIDIS ULLIVAN LAW 26 West High Street Carlisle, PA Respectfully submitted, SAIDIS S ' ?LAW By: AM E. Kelso, Esquire Attorney ID No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (7.17) 243-6222-- _ CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION Defendants CERTIFICATE OF SERVICE SAIDIS 'ULLIVAN LAW 26 West High Street Carlisle, PA On this 8th day of November, 2010, I, Jason E. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Ten Day Notice of Intention upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS SULLIVAN LAW By:? Jason'E. Kelso, Esquire Attorney ED No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 RECIPIENT(S): Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 (Defendant) CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 BRENDA STONE and DOMINGO VAZQUEZ, CIVIL ACTION Defendants To: Domingo Vazquez Domingo Vazquez The Cumberland County Prison 40 Bellaire Avenue 1101 Claremont Road Carlisle, PA 17013 Carlisle, PA 17013 Date of Notice: November S, 2010 EgPORTANT TEN DAY NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN NNTJTING 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGBILE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249-3166 SAIDIS -'ULLIVAN LAW 26 West High Street Carlisle, PA Respectfully submitted, Attorney ID No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA_ 170.13. (717) 243-6222 Z By: ? 'mil SAIDIS LIVAN LAW as on E. Kelso, Esquire CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION CERTIFICATE OF SERVICE On this 8?' day of November, 2010, I, Jason E. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Ten Day Notice of Intention upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. S_4IDIS SULLIVAN LAW By:_ Z- ?Ie ?-e' Ja E. Kelso, Esquire A orney ID No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS 3)ULLIVAN LAW 26 West High Street Carli sle, PA RECIPIENT(S): Domingo Vazquez Domingo Vazquez The Cumberland County Prison 40 Bellaire Avenue 1101 Claremont Road Carlisle, PA 17013 Carlisle, PA 17013 (Defendant) CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION CERTIFICATE OF SERVICE On this 1st day of December, 2010, I, Jason E. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Judgment of Default for Failure to Answer and Assessment of Damages upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS SULLIVAN LAW By: Z"; -?"exl Jas. Kelso, Esquire A mey ID No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA RECIPIENT(S): Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 (Defendant) Domingo Vazquez Domingo Vazquez The Cumberland County Prison 40 Bellaire Avenue 1101 Claremont Road Carlisle, PA 17013 Carlisle, PA 17013 (Defendant) CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION AFFIDAVIT OF NON-MILITARY SERVICE Jason E. Kelso, Esquire, being duly sworn and according to law, deposes and says that to the best of his knowledge, information and belief, avers as follows; that Defendant, Domingo Vazquez, has a last known address of 40 Bellaire Avenue, Carlisle, PA 17013 and that Defendant, Domingo Vazquez, was served with the Complaint at the Cumberland County Prison located at 1101 Claremont Road, Carlisle, PA 17013 on October 1, 2010, and that he is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. § 501 et seq. - 91-Z-;K-r'1 A?V SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA S rn to ansubs bed before me this flay of 010. liC NOTARIAL SEAL RENEE L. MURRAY. Nota Carlisle Borg, Cumberland unublic MY Commiaion Expires Dea 13 2013 CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION CERTIFICATE OF SERVICE SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA On this 1" day of December, 2010, I, Jason E. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Affidavit of Non-Military Service upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. RECIPIENT(S): Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 (Defendant) Domingo Vazquez The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 (Defendant) SAIDIS SULLIVAN LAW By: Jason A. Kelso, Esquire Atto ey 1D No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION Defendants SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA AFFIDAVIT OF NON-MILITARY SERVICE Jason E. Kelso, Esquire, being duly sworn and according to law, deposes and says that to the best of his knowledge, information and belief, avers as follows; that Defendant, Brenda Stone, resides at 40 Bellaire Avenue, Carlisle, PA and that she is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. § 501 et seq. S o and n 'bed before me this day of 0. %Jt Ylant CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants SAIDIS SULLIVAN LAW CERTIFICATE OF SERVICE SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA On this I" day of December, 2010, I, Jason E. Kelso, Esq., do hereby certify that I have served a true and correct copy of the foregoing Affidavit of Non-Military Service upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. RECIPIENT(S): Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 (Defendant) Domingo Vazquez The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 (Defendant) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION 117 Jaso . Kelso, Esquire Attey ID No. 209107 Saidis Sullivan Law Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 By:_ Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6232 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND VALLEY HABITAT FOR HUMANITY Plaintiff (s) From BRENDA STONE AND DOMINGO VAZQUEZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$41,411.55 Interest Atty's Comm % Atty Paid $187.74 Plaintiff Paid Date: February 28, 2011 (Seal) REQUESTING PARTY: Name Jason E. Kelso, Esquire Deputy Address: Saidis, Sullivan & Rogers, 26 W. High Street, Carlisle, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-6222 L.L. $.50 Due Prothy $2.00 Other Costs 'z -?!y ?-/ Da id Cell, Proth otary By: Supreme Court ID No. 209107 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Cumberland Valley Habitat for Humanity ? Confessed Judgment Plaintiff ? Other - Mortgage foreclosure vs. File No. 10-6232 Brenda Stone and Domingo Vazquez Defendant Amount Due $41,411.55 Interest Address: 40 Bellaire Avenue Carlisle, PA 17013 Atty's Comm Costs $ 1 iTT 245-- (),p0 W TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sal contract, or account based on a confession of judgment, but if it does, it is based on the appropriate o proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of l amended. r" Issue writ of execution in the above matter to the Sheriff of Cumberland T : County, for debt, interest and costs, upon the following described property of the defendant (s Real property located at 40 Bellaire Avenue, Carlisle, Pennsylvania 17013, which stti property is more fully described in the property description attached as Exhibit "A" `. Co CD Zr ?i PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a efendant(s) described in the attached exhibit. Date 2121:1,1 Signature: S IY.o a p4447 Print Name: a 0 3d91 q Address: IZ-K _1SS 790 % 91.00 Grits ? r- , S'3" '?-1 rl 11 s J?, 67 4 S0 p ay L x4 ?r'a,D6 4>'?e Co Attorney for: Telephone: lis pendens/ajaiinst4-al estate of the son E. Kelso, Esq 26 West High Street Carlisle, PA 17013 Plaintiff (717) 243-6222 Supreme Court ID No: 209107 6K- ply hCc(so l-lY /( 'd4 L S- !o wt ,?? LEGAL DESCRIPTION ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18, Page 77, as follows: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds West 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. EXHIBIT "A" CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC., CUMBERLAND COUNTY, PA Plaintiff V. NO. 10-6232 BRENDA STONE and DOMINGO VAZQUEZ, CIVIL ACTION Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Jason E. Kelso, Esq., attorney for Plaintiff in the above-captioned, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 40 BELLAIRE AVENUE, CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s) Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17015 Cumberland County Adult Probation Office 4 East Liberty Avenue Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17015 Board of Commissioners of Cumberland County 1 Courthouse Square Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Board of Commissioners of Cumberland County 1 Courthouse Square Carlisle, PA 17013 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: 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: Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Cumberland County Adult Probation Office 4 East Liberty Avenue Carlisle, PA 17013 Occupant 40 Bellaire Avenue Carlisle, PA 17013 North Middleton Township 2051 Spring Road Carlisle, PA 17013 North Middleton Township Authority 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: L lz?ltl By:??i? Jas E. Kelso, Esquire A omey ID #209107 SAIDIS, SULLIVAN & ROGERS 26 W. High St. Carlisle, PA 17013 (717) 243-6222 (FAX) 243-6486 Attorney for Plaintiff CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC., CUMBERLAND COUNTY, PA Plaintiff V. NO. 10-6232 BRENDA STONE and DOMINGO VAZQUEZ, CIVIL ACTION Defendants NOTICE OF SHERIFF' S SALE OF REAL ESTATE g TO : Brenda Ston e co 40 Bellaire Avenue Carlisle, PA 17013 ` ' ; Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 ALL PARTIES IN INTEREST AND CLAIMANTS TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: July 1, 2011 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania, 17013 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 ATTACHED DESCRIPTION). THE LOCATION of the property to be sole is: one tract of land together with the buildings and improvements erected thereon located in the Township of North Middleton, Cumberland County, Pennsylvania, known and numbered as 40 Bellaire Avenue, Carlisle, PA 17013. THE JUDGMENT under or pursuant to which the property is being sold is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania to: Cumberland Valley Habitat for Humanity, Inc., v. Brenda Stone and Domingo Vazquez, No. 10-6232, in the amount of Forty-One Thousand, Four Hundred Eleven Dollars (US) and Fifty-Five Cents ($41,411.55), plus costs of foreclosure and sale of the mortgaged property until the Sheriff's Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Brenda Stone and Domingo Vazquez pursuant to a deed dated July 2, 2004 and recorded July 6, 2004 in Deed Book 264, Page 16 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania: 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 the 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 or 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 BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, 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 ADVISE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 717.249.3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: l . You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights prompt action on your part is necessary. A lawyer may be able to help you. 2. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. 3. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. 4. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. 5. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT Y'OU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. If a specific return date is desired, such date must be obtained from the Court Administrators Office - Civil Division, of the within county courthouse, before presentation to the court. A copy of the Writ of Execution is attached hereto. Respectfully Submitted, Saidis, Sul ' an & Rogers 'y By Jas. Kelso Esquire I o. 209107 26 West High Street Carlisle, PA 17013 (717)243-6222 (FAX) 243-6486 Attorney for Plaintiff. LEGAL DESCRIPTION ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18, Page 77, as follows: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds West 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. EXHIBIT "A" i t4 4. 6' ? I' E0-`' ® » !'t.s" E. . a. = s i 3 10 P; 2: i CUMBERLAND VALLEY FOR HUMANITY, INC., V. BRENDA STONE and DOMINGO VAZQUEZ, PRAE TO THE PROTHONOTARY: TAT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA itiff NO. 10-6232 CIVIL ACTION ;ndants Please file the Amended Notice of Sheriff's Sale of Real Estate. Respectfully submitted, Date: 3/1(1/1( SAIDIS SULLIVAN & ROGERS Y J on E. Kelso, Esq. Attorney I.D. # 209107 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Attorney for Plaintiff CUMBERLAND VALLEY HABI AT FOR HUMANITY, INC., PI intii V. BRENDA STONE and DOMINGO VAZQUEZ, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 10-6232 CIVIL ACTION D endants NOTICE F SHERIFF'S SALE OF REAL ESTATE TO : Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez The Cumberland County P 1101 Claremont Road Carlisle, PA 17013 ALL PARTIES IN INTE TAKE NOTICE: That the Sheriff's Sale of Real DATE: June 1, 2011 TIME: 10:00 a.m. LOCATION: Cumberland 1 1 Courthouse Carlisle, Pem THE PROPERTY TO consisting of a statement of the AND CLAIMANTS (real estate) will be held: Courthouse 17013 SOLD, is delineated in detail in a legal description mainly cured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE ATTACHED DESCRIPTION). THE LOCATION of the roperty to be sole is: one tract of land together with the buildings and improvements erected thereon located in the Township of North Middleton, Cumberland County, Pennsylvania, known and numbered as 40 Bellaire Avenue, Carlisle, PA 17013. THE JUDGMENT under or pursuant to which the property is being sold is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania to: Cumberland Valley Habitat for Humanity, Inc., v. Brenda Stone and Domingo Vazquez, No. 10-6232, in the amount of Forty-One Thousand, Four Hundred Eleven Dollars (US) and Fifty-Five Cents ($41,411.55), plus costs of foreclosure and sale of the mortgaged property until the Sheriff's Sale. THE NAMES OF THE WNERS OR REPUTED OWNERS of this property are: Brenda Stone and Domingo Vazquez purs ant to a deed dated July 2, 2004 and recorded July 6, 2004 in Deed Book 264, Page 16 in the O ice of the Recorder of Deeds in and for Cumberland County, Pennsylvania: A Schedule of Distri entities or agencies being entitled disbursed by the Sheriff (for exan taxes) will be filed by the Sheriff proceeds of sale in accordance wi filing exceptions to it within ten ( Information about the Schedule Common Pleas of the within Cc THIS PAPEF PROPERTY. A IT MAY CAUSE Y, THE JUDGMENT. being a list of the persons and/or governmental or corporate receive part of the proceeds of the sale received and to be e, to banks that hold mortgages and municipalities that are owed the County thirty (30) days after the sale and distribution of the this schedule will, in fact, be made unless someone objects by ) days of the date it is filed. Distribution may be obtained from the Sheriff or the Court of ty at the Courthouse address specified herein. BE SALE 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 OF ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADV SE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 71 .249.3166 THE LEGAL RIGHTS YOU 1. You may have legal rights to exercise those rights prompt act 2. You may have the right to pre petition to open or strike the judg If the judgment was entered beca might have within twenty (20) da Notice to Defend, you may have with the Court alleging a valid de the judgment is opened the Sheri whether the plaintiff has a valid c Y HAVE ARE: vent the Sheriffs Sale and the loss of your property. In order to on your part is necessary. A lawyer may be able to help you. ;nt or delay the Sheriffs Sale by filing, before the sale occurs, a lent or a petition to stay the execution. ;e you did not file with the Court any defense or objection you after service of the Complaint for Mortgage Foreclosure and e right to have the judgment opened if you promptly file a petition ;rise and a reasonable excuse for failing to file defense on time. If s Sale would ordinarily be delayed pending a trial of the issue of iim to foreclose the mortgage or judgment. 3. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. 4. You may also have the right to etition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in th Writ of Execution or service or demonstrate any other legal or equitable right. 5. YOU MAY ALSO HAVE TH PROPERTY IS SOLD FOR A GI THE SHERIFF'S SALE. TO EXE THE COURT AFTER THE SAL] TO THE PROPERTY. THE SHE ASIDE THE SALE IS FILED WI SCHEDULE OF DISTRIBUTIOT RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE )SSLY INADEQUATE PRICE OR THERE ARE DEFECTS IN ,CISE THIS RIGHT YOU SHOULD FILE A PETITION WITH AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED IFF WILL DELIVER THE DEED IF NO PETITION TO SET -HIN TEN (10) DAYS FROM THE DATE WHEN THE IS FILED IN THE OFFICE OF THE SHERIFF. If a specific return date is esired, such date must be obtained from the Court Administrators Office - Civil Division, of the wit in county courthouse, before presentation to the court. A copy of the Writ of Execution is attached hereto. Respectfully Submitted, Saidis, Sulivan _& Rogers By ;Kell a'son E. Kelso Esquire D. No. 209107 26 West High Street Carlisle, PA 17013 (' 17) 243- 6222 (FAX) 243-6486 Attorney for Plaintiff. CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., Plaintiff V. BRENDA STONE and DOMINGO VAZQUEZ, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, F % n C rn T rn-n F: -, NO. 10-6232 Um CD CIVIL ACTION -n =c:) (-- cn ?y N RETURN OF SERVICE PURSUANT TO RULE OF CIVIL PROCEDURES PA. R.C.P 3129.2 (c) 2 AND NOW this 1 lt" day of March, 2011, I, Jason E. Kelso, Esquire of the firm of Saidis, Sullivan & Rogers, Attorneys for Cumberland Valley Habitat for Humanity, Inc., Plaintiff, hereby certify that I served the persons listed below who's names appeared in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Amended Notice of Sheriff's Sale of Real Estate pursuant to Pa. R.C.P. 3129.2 and legal description in. BY United States mail, first class, with certificates of mailing, (Postal Form 3817), return receipt requested, restrictive delivery and contained within envelopes bearing my return address. Copies of these certificates of mailing and return receipts, if returned, are attached hereto and marked as Exhibit "A". The certified mail, return receipt requested, restrictive delivery was returned for Brenda Stone marked Unclaimed and for Occupant marked Insufficient Address. A copy of the returned envelopes are attached hereto and marked Exhibit "B". Domingo Vazquez was served at two addresses and the return receipt was returned unsign at the Cumberland County Prison and signed by Domingo Vazquez at 40 Bellaire Avenue, Carlisle, PA 17013. A copy of the certificate of mailing and return receipt are included in Exhibit "A." On the 1St day of April, I, Jason E. Kelso, Esquire of the firm Saidis, Sullivan & Rogers, Attorneys for Cumberland Valley Habitat for Humanity, Inc., Plaintiff, hereby certify that I served Brenda Stone and Occupant with the Amended Notice of Sheriff's Sale of Real Estate pursuant to Pa.R.C.P. 3129.2 and legal description in by United States Mail, first class, with certificates of mailing (Postal Form 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked Exhibit "C." 1. Name and address of Owner(s) or Reputed Owner(s) Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17015 Cumberland County Adult Probation Office 4 East Liberty Avenue Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17015 Board of Commissioners of Cumberland County 1 Courthouse Square Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Board of Commissioners of Cumberland County 1 Courthouse Square Carlisle, PA 17013 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: 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: Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Cumberland County Adult Probation Office 4 East Liberty Avenue Carlisle, PA 17013 Occupant 40 Bellaire Avenue Carlisle, PA 17013 North Middleton Township 2051 Spring Road Carlisle, PA 17013 North Middleton Township Authority 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17241 Respectfully Submitted, Saidis, Sullivan & Rogers ?r B . y' I; Ja 1f E. Kelso, Esquire W Flo. 209107 '26 West High Street Carlisle, PA 17013 Telephone (717) 243- 6222 Facsimile (717) 243- 6486 Attorney for Plaintiff (Domestic Mail Only; No Insurance Coverage Providec For delivery information visit our website at www.usps.com?; co ' ru q Postage $ Q 1=3 Certified Fee Return Recei t Fee 0 1 ?7 p (Endorsement Required) Mere: ? r iY F y O Restricted Delivery Fee uired) m nt Re d E 5 ? Gs c IJ orse e q n ( 1r' f-U Total Postage & Fees $ E3 Sent To o Occupant S1reel,AptNo.: 40 Bellaire Avenue r` or PO Box No. ----------- --------Carlisle, PA 17013 City, State, ZIP+4 PS Form 3800. August 02006 See Reverse iot I nstructions Postal CERTIFIED MAIL RECEIPT r` (Domestic Only; No Insurance Coverage Provided) co 'i t :S E Postage $ ; ?A -- i Certified Fee p r l1 Po O C3 Return Receipt Fee C3 (Endorsement Required)r? U C3 t < r tc Restricted Delivery Fee (-1 /! C:, (Endorsement Required) ' S (D I Gl / rut Total Postage & Fees $ 0 A, P S 0 O Sent To Brenda Stone o sieei, apirva::---•40 Bellaire Avenue lti orP°B-No--------Carlisle, PA 17013 City, State, ZIP+4 PS Service IFIFD MAIL RECEIP (Domestic Mail Only, No insurance Coverage Provided) . For delivery information visit our website at www.usps.com_, 12? t N r-3 Postage $ -0 /r ? s 7 0 -",\ Certified Fee Q r ^-- .,?14 0 O Postmark t C3 C3 Return Receipt Fee (Endorsement Required) 3 Q v Here ! c . , Q Restricted Delivery Fee uired) Endorsement Re /? 5 Q q ( . ru Total Postage & Fees $ 10A C3 C3 Sent fDomingo Vazquez Street, Apt IVO.; 4O Bellaire Avenue or PO Box No. Carlisle, PA 17013 City, State, ZIP+4 SENDER 'COMPLEFE THIS • ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 A. Signature t ? i E Agent X V ( 1.1 Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ? Yes if YES, enter delivery address below: s o 3. Service Type V(Dertffied Mail ? Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7010 0290 0000 6128 6464 (rransfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Q CD 0 m CD 'D! e N O Q C `o :n {ek Z ? ? m ?! h a)i o E m ; Z a?i m c N > 4 .? ? • O m > N Q m m a) N Lu ? r ¢ N w X m o d) E m v ? a a m 81L °>.E °2coy to ? O ? i •- m m CO C L D LO Q CO i m U N N a c ? ° O 1-m CO y+ _ E_ E C m., m C V U r d)a: a) Mn - L N G? TLOL E E r- o 0 a) 'r 0 ¦ ¦ ¦ ?a ` m N 0 a m a E p pL m 2 Ir Ln I 000 m CO a 0 a > pm rU rq U :E y r ° D N ° ,)v o an v C7 Q- ru C C rR C r? 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J PanL ----------- ------------°-- ?? - Y` ?'?Ct f{ !?-? U.S. Postal Service CERTIFIED MAIL:, RECEIPT (Domestic Mail Only No Insurance D Coverage provided) ru x r9 u 1 Postage $ /Certified Fee r?? Cl w M Return Receipt Fee ? ! Postrrlagt, C) (Endorsement Required) Here t ? Restricted Delivery Fee (Endorsement Required)_ O ! ` C3 M Total Postage & Fees y t Sent To --- `` ? ( {xn C1 -- St---e`t. -`-`- Apt -No.-`-- ;--- O-------CC L. T re. ---------------- C3 or PO Box No. e(I etr? ?e.-r?tY City, State, Z1P+4 -- ---(-(- ?7 n i CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC., CUMBERLAND COUNTY, P-,?A ,. > Plaintiff --? V. rn- - NO. 10-6232 ? n -sr BRENDA STONE and air- ? C.> 4 DOMINGO VAZQUEZ, CIVIL ACTION - -- CD Defendants ! ? P.C-) =X = x o c) PROOF OF SERVICE OF NOTICE OF SHERIFF'S SALE OF REAL ESTATE UNbER PA.R.C.P. 3129.2(c) (1)(i)(B) ON DEFENDANTS I, Jason E. Kelso, Esquire, attorney for Plaintiff, being duly sworn according to law, state the following: 1. Written Notice of Sheriff's Sale of Real Estate pursuant to Pa.R.C.P. 3129.2 was mailed to Defendant, Brenda Stone, on March 11, 2011, by certified mail, return receipt requested, restrictive delivery, addressed to Brenda Stone, 40 Bellaire Avenue, Carlisle, PA 17013 and it was returned as "Unclaimed." A true and accurate copy of the receipt for the certified mailing and a copy of the returned envelope is marked Exhibit "A." 2. On April 1, 2011, the written Notice of Sheriff's Sale of Real Estate pursuant to Pa.R.C.P. 3129.2 was mailed to Defendant, Brenda Stone, on March 11, 2011, by certified mail, addressed to Brenda Stone, 40 Bellaire Avenue, Carlisle, PA 17013, and fifteen (15) days have passed without the mail being returned. A true and accurate copy of the receipt of the certified mailing is attached as Exhibit "B." 3. Written Notice of Sheriff's Sale of Real Estate pursuant to Pa.R.C.P. 3129.2 was mailed to Defendant, Domingo Vazquez, on March 11, 2011, by certified mail, return receipt requested, restrictive delivery, addressed to Domingo Vazquez, 40 Bellaire Avenue, Carlisle, PA 17013 and by certified mail, return receipt requested, restrictive delivery, addressed to Domingo Vazquez, The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. 4. The envelope addressed to Domingo Vazquez, The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013 was returned marked "Return to Sender, Not Deliverable as Addressed, Unable to Forward" A true and accurate copy of the receipt of certified mailing and a copy of the returned envelope for the Cumberland County Prison address is attached as Exhibit "C." 5. Defendant, Domingo Vazquez, signed and acknowledged receipt of the Notice of Sheriff's Sale of Real Estate under Pa.R.C.P. 3129.2(c)(1)(II)(B) on March 12, 2011 at the 40 Bellaire Avenue, Carlisle, PA address. A true and accurate copy of the receipt for the certified mailing and the return receipt card showing delivery are both attached hereto as Exhibit "D." 6. The above statement of facts regarding service of the Notice of Sheriff's Sale of Real Estate on Defendants is also contained in the Return of Service Pursuant to Rule of Civil Procedure Pa.R.C.P. 3129.2(c)(2), which is filed of record. RESPECTFULLY SUBMITTED, Date: SAIDIS SULLIVAN & ROGERS By: !L J en E. Kelso, Esquire Attorney ID # 209107 Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Fax (717) 243-6486 jkelso@ssr-attomeys.com Sworn and subscribed before me this ?,L_ day of h r i L 20 1. Notary Public My commission expires: NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA My Commission Expires June 1, 2011 U.S. Postal Servicc, CERTIFIED MAIL REC EIPT (Domestic No Insurance I Provided) C3 F d i li i f ? .0 or ormation vis e very n t our website at iwwuspsxom ? Postage $ -0 PA Certified Fee C # 1:3 Return Receipt Fee d Q v Pos AM O (Endorsement Required) 01,30 ? Q ? O Restricted Fee (Endorsement Required) 4,5o 2011 ro Er M Total Postage & Fees $ f I ?S PS O C3 Sent To Brenda Stone o ser,aPt:ivi;.; 40 Bellaire Avenue r` orPO!!x!--°o Carlisle, PA 17013 -------------- ' Ci , State, ZIP+4 ?' ar L v.$ ,I •I C ?'C ttyyCC'Yi??{;;?Ce ?' 4C 'lil fil ?. - C3 r? E3 o 0 r O v IS' tv 0 0 f`- Q) :+ M cn ? ai S? N Cn N U eti O 'CO Q Q N r r O tU cJ > r s"dQ (D t? U M 0 tv 0 t? 0 rr t? W ?i n ? eP Z [C O WOO 0 OWL i( 44 z OHO (-gy ( p ..i ZUW to lrz-j DO fa (.4 IN .,.., W 2 IX o ca W _ x Si Of Q V-O >- Lai ? c - l tT - Li el {Xt } WI {?•t r;,a tY? ••, .q us Postal Service ? CERTIFIED MAIL; RECEIPT i .., nce , 0 (Domest c r ru Postage $ t_ r Certified Fee Z ` Return Receipt Fee ti de O (Endorsement Required) ) 0 0 Restricted Delivery Fee (Endorsement Required) l i CD & Fees tJ Total Postage - M Sent To QCe,Jc ??..JJ S C-- ?l o -heet, ,:. -- ----•- --'--'-•---'------ s No.: c j,, Abe ?I c; rf ,wP -------------- N O rl- o. or PO Box ----- - -------------------------------- c ii-§i e, BA ?' ,161P - - -------- t rQ1? I ?7 , U.S • CERTIFIED MAIL 13ECEIPT D• Coverage Provided) CC) Postage $ Y Certified Fee O 0 F !} a. o ?J O Return Receipt Fee Pogthj•rk O O (Endorsement Required) 30 O W Restricted Delivery Fee - ? C3 (Endorsement Required) , 5 ? a. b,Cb rU Total Postage & Fees $ t c a O O [nt To Domingo Vazquez o ?eet,Apt.. No.; __.The Cumberland County Prison PO Box/Vo. 1101 Claremont Road rys?8re.zt?*a Carlisle, PA 17013 _"" i ? - J 5Y ?` n?-3 ;r l; ! I!A®tsa r-q 17- CO ru 0 C:3 C3 o C3 Er ru 0 o rq n r- i_ i CJ M L ^ a. p r ? r C1 G) v; G t.'. Vr ct Ul <V J v ? Ln CY ti r 4 f C O C: CJ N -C} N' t`J O > O t6 -U? va -k (14 0 fro Ir a fr , - mO"t m -- ©([:3 z it wWO 0 W (r b- a? 44 owe O in Z ¢ w _ to Ir M.:i / y C DWO N - * L I^?il A Ll w?:z m itJ::i cr j El ?I 0 F tlti IL 0 r ` H CI ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 1! Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 A. Signature t -? Agent x M 0 V c? L(E p'Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: o 3. Service Type If Certfied Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7010 0290 0000 6128 6464 (Transfer from service label) 102595-02-M-1540 Domestic Return Receipt PS Form 3811, February 2004 ..D (Domestic Mail Only: For delivery information visit our websi te at www usps com . . , f1_I rl 0 Postage $ ; ?Q f .. Certified Fee ? i 7 ---?G J ' O p Return Receipt Fee (Endorsement Required) 30 stmark r , "J'i ' 'PO f Here C3 Restricted Delivery Fee (Endorsement Required) 0 4 r e (( C3 . 1 rU Total Postage & Fees ff $ f C3 ent To Domingo Vazquez '? ireei Apr riid.; 40 Bellaire Avenue °°"' or PO Box No. ____________ ____Carlisle, PA 17013 City, Stete, ZIP +4 P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor f.t a OFD E ° ...C = - EWF ti( k fi r l i j SyLNAI l Cumberland Valley Habitat for Humanity Inc vs. Case Number Brenda Stone (et al.) 2010-6232 SHERIFF'S RETURN OF SERVICE 03/17/2011 Noah Cline, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 40 Bellaire Avenue, Carlisle, Cumberland County. 03/25/2011 09:07 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Brenda Stone at 40 Bellaire Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County. 03/29/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Domingo Vazquez, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 40 Bellaire Avenue, Carlisle, PA, defendant is not in Cumberland County Prison, did not leave a forwarding address at Post Office. 05/25/2011 As directed by Jason E Kelso, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $703.99 September 06, 2011 SO ANSWERS, RON "R ANDERSON, SHERIFF let. 1`39:;L S- , ` a( , y sS?, (c) CountySutte SnerM Te.ea! o,-A Icc. CUMBERLAND LAW JOURNAL Writ No. 2010-6232 Civil Cumberland Valley Habitat for Humanity Inc. VS. Brenda Stone Domingo Vazquez, a/k/a Domingo Vazquez Messenger Atty.: Jason E. Kelso ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18, Page 77, as follows: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds West 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. 77 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 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. - "A ?-L I - U Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary NOTARIAL SE DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ,0e Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe PNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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. 2010-6232CIvil Term This ad ran on the date(s) shown below: Cumberland Valley Habitat for Humanity Inc 04/22/11 Vs Brenda Stone 04/29/11 Domingo Vazquez, a/k/a Domingo Vazquez Messenger 05/06/11 Atty: Jason E Kelso ALL that certain lot of ground situate in North Middleton Township, Cumberland ??.?• a r , 1 G _ • . • A. County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Mano, dated May 27, 1964, and Sworn to and t I ubscribed'ba?re me this 23 day of May, 2011 A, D. recorded arch 31, 1967, in Cumberland County P Book 18, Page 77, as follows: ( - BEG G at a point on the northern line of Bellaire Avenue (33 feet wide) at the - -- line dividing Lots Nos. 38 and 39 as shown Notary Public on the previously mentioned plan; thence by the northern he of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the COMMONWEAL rH t PENN line dividing Lots Nos. 39 and 40 as shown SYLVANyk on said Plan; thence by said dividing line Notarial Seal North 04 degrees 09 minutes 30 seconds Sherrie L. Kisnet', Notary Public West 162.27 feet to a point; thence South 68 `OWer Paxton WP., DauPhln Count}; My Com_m)ssio? Expires Nov. 26, 2011 degrees OS minutes 30 seconds East 167.79 Mmber, p? ----------____.' feet to a point; thence by the dividing fine nnsilvanla Associatlol of Notari? between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. Robert B. Hamilton, Esquire Attorney I.D. No. 209202 SAIDIS SULLIVAN&ROGERS 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Email: bamilton jssr-attornerys.com Attorney for Plaintiff CUMBERLAND VALLEY HABITAT •• COURT OF COMMON PLEAS OF FOR HUMANITY, INC., • CUMBERLAND COUNTY, PA • Plaintiff v. •• NO. 10-6232 ] �_ - rr BRENDA STONE and • DOMINGO VAZQUEZ, CIVIL ACTION a Defendants : MOTION FOR ORDER TO POST A COPY OF ORIGINAL PROCESS ON THE PROPERTY IN LIEU OF PERSONAL SERVICE AND NOW, this ' day of June, 2013, comes the Plaintiff, Cumberland Valley Habitat for Humanity, by and through its attorneys, SAIDIS, SULLIVAN &ROGERS, which files the following motion pursuant to PA. R.C.P. 410(c)(2), and PA. R.C.P. 430(a) for a special order permitting service of the Praecipe for Writ of Execution and Notice of the Sheriff's Sale in this action by posting a copy of the original process on the most public part of the property located at 40 Bellaire Avenue, Carlisle, PA 17013, in lieu of personal service on Defendant Brenda Stone. In support of this motion, Plaintiffs aver the following: 1. On or about July 2, 2004, Defendants, Brenda Stone and Domingo Vazquez, made executed and delivered a mortgage upon the premises located at 40 Bellaire Avenue, Carlisle, Pennsylvania 17013. 2. On or about September 29, 2010, Plaintiff, Cumberland Valley Habitat for Humanity, Inc., filed an action in mortgage foreclosure against Defendants. 3. On May 19, 2011, Defendant Brenda Stone petitioned for relief under Chapter 13 of the United States Bankruptcy Code. 4. Defendant's Chapter 13 Plan provided for monthly post-petition plan payments to be made to the Plaintiff. 5. Defendant failed to make timely post-petition plan payments to the Plaintiff, and Plaintiff moved for Relief from the Automatic Stay on December 12, 2012. 6. By way of Order from the Middle District Bankruptcy Court, Plaintiff received relieved from the automatic stay on January 3, 2013. 7. Thereafter, Plaintiff resumed collection efforts against the Defendants by filing a Praecipe for Writ of Execution and a Notice of Sheriffs Sale on February 23, 2013. 8. The Notice of Sheriffs Sale notified the Defendants and all interested parties that the sale of the real property located at 40 Bellaire Avenue, Carlisle, Pennsylvania 17013 was to be held on June 5, 2013 at 10:00 a.m, at the Cumberland County Courthouse. 9. The Sheriff of Cumberland County served the Writ and Notice upon Defendant Vazquez at the Cumberland County Prison on March 25, 2013. A true and correct copy of the Sheriffs Return of Service is attached hereto and labeled Exhibit"A." 10. At the time the suit was commenced, Defendant Brenda Stone's last known address was 40 Bellaire Avenue, Carlisle, PA 17013. 11. The Sheriff of Cumberland County posted a true copy of the Real Estate Writ,Notice and Description, and Sale Handbill, upon the property located at 40 Bellaire Avenue, Carlisle, PA 17013 on April 3, 2013. 12. Plaintiff, through the Sheriff of Cumberland County, attempted personal service on Defendant Brenda Stone at her last known address on April 11, 2013, but the Sheriff returned the Writ,Notice, and Description as"Not Found," as shown on the Sheriff's Return of Service. 13. The Sheriff's Return of Service form also indicated that Defendant Brenda Stone no longer resides at her last known address, and she did not leave a forwarding address with the post office. 14. An advertisement notifying interested parties about the sale of the property ran in the Patriot News and the Cumberland County Legal Journal three times prior to the date of the sale. A true and correct copy of these advertisements and proofs of publication are attached hereto and are labeled Exhibit`B". 15. Because Plaintiff was unable to serve Defendant Brenda Stone within thirty(30) days of the date of the Sheriff's sale, Plaintiff has requested that the sale date be moved from June 5, 2013, to August 7, 2013 at 10 a.m. at the Cumberland County Courthouse. 16. Plaintiff, through undersigned counsel, Robert B. Hamilton, Esquire, made a diligent search and inquiry as required by Pa. R.C.P. 430 in order to attempt service on Defendant Brenda Stone. Attached hereto and marked as Exhibit"C" is a true and correct copy of Plaintiff's Affidavit of Good Faith Investigation. 17. Despite being unable to serve the Defendant at her last known address, Plaintiff, through undersigned counsel, was informed by one of the Defendant's neighbors that the Defendant has, on multiple occasions, appeared at the property located at 40 Bellaire Avenue, even after the Plaintiff's attempted service failed on April 11, 2013. 18. Plaintiff believes, and therefore avers, that posting a notice of the sale on the last known address of the Defendant in lieu of personal service will result in the Defendant being notified of the sale of the property. 19. The Plaintiffs do not request discovery, argument or hearing on this Motion. 20. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Robert N. Opel, II, of the Middle District of Pennsylvania Bankruptcy Court previously ruled that Plaintiff was granted relief from the automatic stay in Defendant Brenda Stone's bankruptcy case, and issued an order dismissing the case. A true and correct copy of both Orders issued by the Honorable Judge Opel are attached hereto and labeled Exhibit"D." 21. Plaintiff is not aware of and therefore avers that no Judge has previously entered any other ruling in this case. 22. In accordance with Cumberland County Local Rule 208.3(9), Defendant Brenda Stone was previously represented by Attorney Philip Briganti in her bankruptcy proceeding before the Middle District Bankruptcy Court. Plaintiff's counsel contacted Attorney Briganti concerning the whereabouts of the Defendant and inquired as to whether he would accept service for the Defendant. However, Attorney Briganti informed Plaintiff's counsel that he no longer represents Defendant. 23. Plaintiff does not have any knowledge of any other opposing counsel of record for either Defendant; thus, it did not seek concurrence with opposing counsel in filing this Motion. WHEREFORE, Plaintiff respectfully requests this Honorable Court direct that service of the Praecipe for Writ of Execution and Notice of Sheriff's Sale be made by posting a copy of the original process on the most public part of the property in lieu of personal service on Defendant Brenda Stone pursuant to Pennsylvania Rule of Civil Procedure 410(c)(1) and Pennsylvania Rule of Civil Procedure 430. Respectfully Submitted, SAIDIS, SULLIVAN & ROGERS Robert B. Hamilton, Esquire Attorney I.D. No. 209202 26 West High Street Carlisle, PA 17013 (717) 243-6222 CUMBERLAND VALLEY HABITAT : COURT OF COMMON PLEAS OF FOR HUMANITY, INC., : CUMBERLAND COUNTY, PA Plaintiff • v. : NO. 10-6232 BRENDA STONE and DOMINGO VAZQUEZ, : CIVIL ACTION Defendants : MOTION FOR ORDER TO POST A COPY OF ORIGINAL PROCESS ON THE PROPERTY IN LIEU OF PERSONAL SERVICE—Distribution Sheet Plaintiff's Counsel: Robert B. Hamilton, Esquire Saidis, Sullivan &Rogers 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Fax: (717) 243-6486 Email: bhamilton@a,ssr-attorneys.corn Defendant, Domingo Vazquez a/k/a Domingo Messenger: The Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 Defendant, Brenda Stone: Address unknown, to be served by posting on property located at 40 Bellaire Avenue, Carlisle, PA 17013 EXHIBIT 44A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,vo ofCombo, Jody S Smith Chief Deputy Richard W Stewart zzt OFFICE OF THE SHERIFF Cumberland Valley Habitat for Humanity Inc Case Number vs. 2010-6232 Brenda Stone(et al.) SHERIFF'S RETURN OF SERVICE 03/25/2013 03:30 PM-Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant,to wit: Domingo Vazquez at Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013, Cumberland County. 04/03/2013 11:44 AM-Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 40 Bellaire Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County. 04/11/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant,to wit: Brenda Stone, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 40 Bellaire Avenue, Carlisle, PA 17013, defendant not longer resides at address stated, did not leave a forwarding with the post office. SHERIFF COST: $908.71 SO ANSWERS, April 1 1, 2013 RON R ANDERSON, SHERIFF c;CnuntySalte Shenft.Tefecsnft, r:C EXHIBIT "B" Jun. O. /U H j: Lbrldi Uum'ie r 1 and t,ouniy Jhe r r i ' No. Y6G; 4 i ne Patriot-News Co. - 2020 Technology Pkwy ar�o w Suite 300 Mechanicsburg, PA 11050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No-.587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws r:f t Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, ih the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegatinns of this statement e_: to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify t`;ir; ;:U;ument behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted sews -ally by the stockholders and board of dir' ctors of the said Company and subsequently duly recorded in the office for the Recoid; 9 or e;s in and for said County of Qat'?hin in Miscellaneous Hook"M", Volume 14, Page 317. 2010=6232 Civil CU ERLAND VALLEY HAM T FOR HUMAN{TYINC • 7This ad ran on the date(s)shown below: _BRENDA STONE ,, ' _ D61>YlrigoVazquez,-alk/a-__, 04116113 Domingo Vazquez Messenger �` l r Ally:, B Hamilton • 1 / � {� 3 AIL that'certain.lot of ground situalc in { x,4/3 t7!i 3 North Middleton"[Dsrtrship Cumberland.l j/if C 71---,_.--- — ounty;Pennaylvanla and being Int No.39 i as shown on Plan NO2 of hilt Tbp Manor, I dated May 27,1961,and recorded March 11,1967, - in Cbmbcrland Count-Plan Bopk 18,Page Sworn to and subscribed before s s this 13 day of May, 2013 A D. 71,221;111m: BEGINNING at a point-on the northern lint of Bellauc Avenue(33 feet w,de al the. r 1 1 1 t line dividing tots Nos.38 and 39 as shown — �. ._ S - - l 4 ; on•the previously mentioned plan,thence ubIIC by the northern hoe of Bellaire Avenue,by a curve to the left having a radius of 113 fen the arc distance of 7Q0 feel-to the line dividing Lots Nos.39 and 40 as shown on said Plan, thence by said dividing line North 04 degrees 09 minutes 30 seconds • Wcet 16227 feet to a point;thence South 68 C _O'W At Ti OF PENNSYLVANIA _ ,__degees OS minutes 30 t enonds Pas)167.79 feet to a point;thence by the dividing bnt Notary!Seal between Lots Nos_ 111 and 39 South 39 unity Lynn meet,wary Public 1 degrees 39 minutes West 16127 feel to the �Plashfrgton 7rrp-,Dauphin 12 201 e4y Cornrnl_(Ion Eski-K.Dec. 12,2016 Jt�n. 0. LUI.J L : L7rivl � ber ann �c �^ y finer , i tin. 0411 . 1 CUMBERLAND LAW JOURNAL Writ No. 21010-6232 Clvfl CUMBERLAND VALLEY HABITAT FOR HUMANITY INC vs. BRENDA STONE, Domingo Vazquez a/k/a Domingo Vazquez Messenger Atty.. Robert B. Hamilton ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan NO.2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18,page 77, as follows: BEGINNING at a point on thc northern lint of Bellaire Avenue (33 feet w,de) at the line dividing Lots Nos 38 and 39 as shown on the previously mentioned plan;thence by the northern hnc of Bellaire Avenue by a curve to the left having a radius of 113 feet thc arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan, thence by said dividing line North 04 degrees 09 minutes 30 seconds West 162.27 feet to a point;thence South 68 degrees 05 minutes 30 seconds Easl 167.79 feet to a point; thence by the dividing line between Lots Nos 38 and 39 Soulh 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. 74 Jun. b. 2Uli 1: 1bPIV UuT'ber and :,ounTy 5'he r : t b4UI PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid., was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland l.aw Journal on the following dates, viz: April 12, April 19 and April 26, 2013 Aftiant 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. r _ '1,\.- ...:)1('S"---( Li. Marie Coyne, I itor SWORN TO AND SUBSCRIBED before me this 1. 6 day of April, 2013 r CI:a.-404,4-11 - -,11".'11./-e4_4 (-i , Notary I NOEASIAL SEAT VEUU 1Ali A GOT!INS ` Notary Public CART ISLE 13OTtatlt;ti,COWIE WAND COUNTY My Commission rxplres Apr 2E1, 2014 EXHIBIT "C " CUMBERLAND VALLEY HABITAT • COURT OF COMMON PLEAS OF FOR HUMANITY, INC., • CUMBERLAND COUNTY, PA • Plaintiff • v. • NO. 10-6232 • BRENDA STONE and DOMINGO VAZQUEZ, • CIVIL ACTION Defendants : VERIFICATION AND AFFIDAVIT OF GOOD FAITH INVESTIGATION I, Robert B. Hamilton, Esq., the counsel for the Plaintiff in this action, verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 1. Affiant represents Plaintiff, Cumberland Valley Habitat for Humanity, Inc. 2. Notice to Defendant, Domingo Vazquez, of this suit was served by the Sheriff of Cumberland County on March 25, 2013, at the Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. 3. Notice of the Writ, Sheriff's Sale, and Description of the property were posted at the property located at 40 Bellaire Avenue, Carlisle, PA 17013 on April 3, 2013. 4. Notice to Defendant, Brenda Stone, of this suit was attempted by the Sheriff of Cumberland County on April 11, 2013, at her last known address of 40 Bellaire Avenue, Carlisle, PA 17013. The Sheriff stated that the Defendant Brenda Stone no longer resides at this address and that the Defendant did not leave a forwarding address with the post office. 5. I searched telephone directory assistance databases for the Borough of Carlisle for an alternate address for Defendant Brenda Stone. The only current listing showed her address as being 40 Bellaire Avenue, Carlisle, PA 17013. 6. I searched internet site locator services including www.411.com, www.yellowpages.com, and www.westlaw.com using a"People Search."All three websites revealed that Defendant Brenda Stone's address remains 40 Bellaire Avenue, Carlisle, PA 17013. 7. On June 3, 2013, I contacted Janet Hartman, neighbor of the Defendant Brenda Stone at (717) 243-0604, 36 Bellaire Avenue, Carlisle, PA 17013. 8. Mrs. Hartman informed me that she has seen the Defendant on multiple occasions enter and exit the property on an infrequent basis. 9. Mrs. Hartman also informed me that she does not know of any alternate address where the Defendant currently resides. 10. On June 3, 2013, I called Attorney Philip Briganti, the Defendant's prior counsel in her bankruptcy proceeding, at(717) 960-0005. 11. I asked Attorney Briganti if he still represented the Defendant, and if he knew where I would be able to find the Defendant. 12. Attorney Briganti indicated that he no longer represented the Defendant, and that he did not know her current whereabouts. 13. The website www.411.com listed Defendant's phone number as (717) 254-6020. I called this number on June 5, 2013 and discovered that it is an incorrect listing. 14. The website www.westlaw.com gave me a contact phone number for the Defendant as being (717) 701-2978. I called this number on June 5, 2013, and left a voicemail requesting that the Defendant call me. The speaker on the voicemail prompt was a computer generated voice, and it did not indicate that it was, in fact, the voicemail box of the Defendant. 15. An inquiry of Defendant Brenda Stone's employment records revealed that her last known place of employment was a Burger King restaurant located at 950 East High Street, Carlisle, PA 17013. 16. On June 5, 2013, I called this establishment at 717-218-0800 and spoke to its manager, Pat Bloodsworth, and asked whether or not Defendant Brenda Stone was still employed there. 17. Mr. Bloodsworth informed me that the Defendant had not been working at this establishment since November 12, 2013, and that he did not know where she is currently employed nor where she currently resides. 18. All efforts to identify and locate the whereabouts of Defendant Brenda Stone have failed. Robert B. Hamilton, Esquire Attorney for Plaintiff Pa. I.D. No. 209202 EXHIBIT "D" • UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: BRENDA LEE STONE : Chapter 13 Debtor : Bankruptcy No. 1:1 ]-bk-03672 RNO • • CUMBERLAND VALLEY • HABITAT FOR HUMANITY • Movant • v. • • BRENDA LEE STONE • Respondent ORDER MODIFYING SECTION 362 OF THE AUTOMATIC STAY AND NOW, upon the Motion of Cumberland Valley Habitat for Humanity, Inc. for Relief from the Automatic Stay, it is ORDERED AND DECREED that the Automatic Stay of all proceedings as to the Debtor as provided by 11 U.S.C. §362 is modified with respect to premises located at 40 Bellaire Avenue, Carlisle, Pennsylvania, 17013, as to allow the Movant to complete any potential modification, short sale, or any other workout and/or to institute proceedings to foreclose on its mortgage and to allow the purchase of said premises at Sheriffs Sale (or purchaser's assignee)to take any and all necessary legal action or consensual action for the enforcement of its right to possession of or title to said premises. By the Court, 1 . _1r:` Robert N.Opel..1.1,.Bankruptcy J udµe Dated: January 3, 2013 Case 1:11-bk-03672-RNO Doc 41 Filed 01/03/13 Entered 01/03/13 15:43:32 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: BRENDA LEE STONE Chapter: 13 Debtor(s) Case Number: 1-11-bk-03672-RNO CHARLES J. DEHART, 111 CHAPTER 13 TRUSTEE Movant(s) vs. BRENDA LEE STONE Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. By the Court, IU. 4.4 is. Robert N.Opel,II,Bankruptcy Judge (BR Dated: March 26, 2013 MDPA-Dismiss Case.W PT-REV 09/12 Case 1:11-bk-03672-RNO Doc 44 Filed 03/26/13 Entered 03/26/13 11:59:17 Desc Main Document Page 1 of 1 CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC., CUMBERLAND COUNTY,PA Plaintiff V. NO, 10-6232 BRENDA STONE and DOMINGO VAZQUEZ, CIVIL ACTION Defendants ORDER THIS /0' day of 20 /3,upon consideration of the Motion for To Post a Copy of Original Process on the Property in Lieu of Personal Service, filed in this matter, IT IS ORDERED that service of this matter on Defendant Brenda Stone shall be by posting a copy of the original process on the property located at 40 Bellaire Avenue, Carlisle,PA 17013 in lieu of personal service, as set forth below pursuant to PA R.C.P. 410(c)(1) and PA R.C.P. 430; BY THE COURT: J. C-1 LICIX-) U CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC., CUMBERLAND COUNTY, PA Plaintiff V. : NO. 10-6232 BRENDA STONE and DOMINGO VAZQUEZ Defendant CIVIL ACTION - _T �-- 7 e�_, PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARAI -�, TO THE PROTHONOTARY: r o `¢: Kindly withdraw my appearance on behalf of Cumberland Valley Habitat for Humanity in the above referenced matter. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: By: Robert B. Hamilton, Esq. Attorney I.D. #209202 26 West High Street Carlisle, PA 17013 (717) 243-6222 bhamiltongssr-attome s com Kindly enter my.appearance on behalf of Cumberland Valley Habitat for Humanity in the above referenced matter. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Date: By: Y�5 Sean M. Shultz, Esq. Attorney I.D. #90946 26 West High Street Carlisle, PA 17013 (717) 243-6222 sshultz ,ssr-attome s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff " = 8 x1,9 of CutrrtJFti 5 Jody S Smith Chief Deputy —6 AH Richard W Stewart Solicitor OFF CE cp HE.5..ERIF .1 PEhNS LVE.r l"; Cumberland Valley Habitat for Humanity Inc vs. Case Number Brenda Stone(et al.) 2010-6232 SHERIFF'S RETURN OF SERVICE 03/25/2013 03:30 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Domingo Vazquez at Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013, Cumberland County. 04/03/2013 11:44 AM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 40 Bellaire Avenue, North Middleton Township, Carlisle, PA 17013, Cumberland County. 04/11/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Brenda Stone, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 40 Bellaire Avenue, Carlisle, PA 17013, defendant not longer resides at address stated, did not leave a forwarding with the post office. 06/04/2013 As directed by Robert B Hamilton,Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 07/16/2013 Per Attorney Sean Shultz this date, Robert Hamilton is no longer with Saidis, Sullivan and Rodgers. cab 07/17/2013 As directed by Robert B Hamilton,Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 07/17/2013 Received Order of Court this date, signed 6/10/12 from Attorney Sean Shultz, to post property per court order for Brenda Stone. 07/19/2013 Dennis Fry, Deputy, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Brenda Stone, pursuant to Order of Court by"Posting"the premises located at 40 Bellaire Avenue, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 09/05/2013 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Sean Shultz, on behalf of Cumberland Valley Habitat for Humanity, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,003.18 SO ANSWERS, January 03, 2014 RONR ANDERSON, SHERIFF dA--v 99gjg Cc:ur;ySulte Sheriff,Teleesoft Iro. ,nom* 3 ODD 9/ CUMBERLAND VALLEY HABITAT • COURT OF COMMON PLEAS OF FOR HUMANITY, INC., CUMBERLAND COUNTY, PA • Plaintiff • v. NO. 10-6232 • BRENDA STONE and DOMINGO VAZQUEZ, CIVIL ACTION • Defendants : AFFIDAVIT PURSUANT TO RULE 3129.1 Robert B. Hamilton, Esq., attorney for Plaintiff in the above-captioned, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 40 BELLAIRE AVENUE, CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s) Brenda Stone 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez r 111 Clemson Drive I\ 3et A)b b k Carlisle, PA 17015 CcA11,56 2. Name and address of Defendant(s) in the judgment: Brenda Stone 40 Bellaire Avenue Carlisle. PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 111 Clemson Drive Carlisle. PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17015 Cumberland County Adult Probation Office 4 East Liberty Avenue Carlisle, PA 17013 North Middleton Township Authority 240 Clearwater Drive Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17015 Board of Commissioners of Cumberland County 1 Courthouse Square Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Board of Commissioners of Cumberland County 1 Courthouse Square Carlisle, PA 17013 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: 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: Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle. PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Cumberland County Adult Probation Office 4 East Liberty Avenue Carlisle, PA 17013 Occupant 40 Bellaire Avenue Carlisle. PA 17013 North Middleton Township 2051 Spring Road Carlisle, PA 17013 North Middleton Township Authority 240 Clearwater Drive Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsifications to authorities. Date: rot. By: Robert B. Hamilton, Esquire Attorney ID #209202 SAIDIS, SULLIVAN & ROGERS 26 W. High St. Carlisle, PA 17013 (717) 243-6222 (FAX) 243-6486 Attorney for Plaintiff CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC., : CUMBERLAND COUNTY, PA Plaintiff • v. • • NO. 10-6232 BRENDA LEE STONE and • DOMINGO VAZQUEZ, • CIVIL ACTION Defendants • CERTIFICATE TO THE SHERIFF I, Robert B. Hamilton, Esq., do hereby certify that the above named Plaintiff, Cumberland Valley Habitat for Humanity, Inc., has been granted Relief From the Automatic Stay by the United States Bankruptcy Court for the Middle District of Pennsylvania, so that it may enforce its right to title of the premises located at 40 Bellaire Avenue, Carlisle, Pennsylvania, 17013, against Defendant Brenda Lee Stone, as evidenced on the Order attached as Exhibit"A." Respectfully Submitted, Saidis, Sullivan & Rogers Robert B. Hamilton, Esq. ID No. 209202 Carlisle, PA 17013 (717) 243-6222 (FAX) 243-6486 Attorney for Plaintiff CUMBERLAND VALLEY HABITAT • COURT OF COMMON PLEAS OF FOR HUMANITY, INC•, • CUMBERLAND COUNTY, PA • Plaintiff v. • NO. 10-6232 • BRENDA STONE and DOMINGO VAZQUEZ, CIVIL ACTION • Defendants : NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO : Brenda Stone 40 Bellaire Avenue Carlisle. PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle.PA 17013 Domingo Vazquez 111 Clemson Drive Carlisle. PA 17013 ALL PARTIES IN INTEREST AND CLAIMANTS TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 5. 2013 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse I Courthouse Square Carlisle, Pennsylvania. 17013 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 ATTACHED DESCRIPTION). THE LOCATION of the property to be sole is: one tract of land together with the buildings and improvements erected thereon located in the Township of North Middleton, Cumberland County, Pennsylvania, known and numbered as 40 Bellaire Avenue. Carlisle. PA 17013. THE JUDGMENT under or pursuant to which the property is being sold is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania to: Cumberland Valley Habitat for Humanity. Inc.. v. Brenda Stone and Domingo Vazquez. No. 10-6232. in the amount of Thirty-Nine Thousand. Two Hundred Three Dollars (US) and Thirty-Two Cents ($39203.32), plus costs of foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Brenda Stone and Domingo Vazquez pursuant to a deed dated July 2, 2004 and recorded July 6. 2004 in Deed Book 264, Page 16 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania: 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 the 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 or 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 BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, 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 ADVISE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 717.249.3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights prompt action on your part is necessary. A lawyer may he able to help you. 2. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. 3. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. 4. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. 5. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. If a specific return date is desired, such date must be obtained from the Court Administrators Office—Civil Division, of the within county courthouse, before presentation to the court. A copy of the Writ of Execution is attached hereto. Respectfully Submitted, Saidis, Sullivan & Rogers By: Robert B. Hamilton, Esquire ID. No. 209202 26 West High Street Carlisle, PA 17013 (71 7) 243- 6222 (FAX) 243-6486 Attorney for Plaintiff. LEGAL DESCRIPTION ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan No. 2 of Hill Top Manor, dated May 27, 1964. and recorded March 31, 1967; in Cumberland County Plan Book 18, Page 77, as follows: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet wide) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan; thence by the northern line of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds West 162.27 feet to a point; thence South 68 degrees 05 minutes 30 seconds East 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. EXHIBIT"A" CUMBERLAND VALLEY HABITAT • COURT OF COMMON PLEAS OF FOR HUMANITY, INC., • CUMBERLAND COUNTY, PA Plaintiff • v. • • NO. 10-6232 BRENDA STONE and • DOMINGO VAZQUEZ, • CIVIL ACTION • Defendants : NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO : Brenda Stone 40 Bellaire Avenue Carlisle,PA 17013 Domingo Vazquez 40 Bellaire Avenue Carlisle, PA 17013 Domingo Vazquez 111 Clemson Drive Carlisle, PA 17013 ALL PARTIES IN INTEREST AND CLAIMANTS TAKE NOTICE: That the Sheriff's Sale of Real Property(real estate)will be held: DATE: June 5, 2013 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle,Pennsylvania, 17013 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 ATTACHED DESCRIPTION). THE LOCATION of the property to be sole is: one tract of land together with the buildings and improvements erected thereon located in the Township of North Middleton, Cumberland County, Pennsylvania, known and numbered as 40 Bellaire Avenue, Carlisle, PA 17013. THE JUDGMENT under or pursuant to which the property is being sold is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania to: Cumberland Valley Habitat for Humanity, Inc.,v. Brenda Stone and Domingo Vazquez,No. 10-6232, in the amount of Thirty-Nine Thousand, Two Hundred Three Dollars (US) and Thirty-Two Cents ($39,203.32),plus costs of foreclosure and sale of the mortgaged property until the Sheriff's Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Brenda Stone and Domingo Vazquez pursuant to a deed dated July 2, 2004 and recorded July 6, 2004 in Deed Book 264, Page 16 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania: 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 the 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 or 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 BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, 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 ADVISE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 717.249.3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights prompt action on your part is necessary. A lawyer may be able to help you. 2. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs. a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. 3. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. 4. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. 5. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. If a specific return date is desired, such date must be obtained from the Court Administrators Office—Civil Division, of the within county courthouse, before presentation to the court. A copy of the Writ of Execution is attached hereto. Respectfully Submitted, Saidis, Sullivan & Rogers By: Robert B. Hamilton, Esquire ID.No. 209202 26 West High Street Carlisle, PA 17013 (717)243- 6222 (FAX) 243-6486 Attorney for Plaintiff. WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) NO. 10-6232 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND VALLEY HABITAT FOR HUMANITY, Plaintiff(s) From BRENDA STONE and DOMINGO VAZQUEZ (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $39,203.32 L.L.: Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $917.73 Other Costs: Plaintiff Paid: Date: 2/22/13 ' .A1 David D. Buell,Prothonota (Seal) _/i r, _ /f _ Deputy REQUESTING PARTY: Name: ROBERT B. HAMILTON, ESQUIRE Address: SAIDIS,SULLIVAN&ROGERS 26 WEST HIGH STREET TRUE COPY FROM RECORD Li Testimony whereof,I here unto set my hand CARLISLE,PA 17013 and the seal of said Co Et'Carlisle,Pa. Attorney for: PLAINTIFF This, `' r y �'i 2o Z__ r f. Prothonotary Telephone: 717-243-6222 r Supreme Court ID No. 209202 CUMBERLAND LAW JOURNAL Writ No. 2010-6232 Civil CUMBERLAND VALLEY HABITAT FOR HUMANITY INC. vs. BRENDA STONE, Domingo Vazquez a/k/a Domingo Vazquez Messenger Atty.: Robert B. Hamilton ALL that certain lot of ground situate in North Middleton Township, Cumberland County, Pennsylvania and being Lot No. 39 as shown on Plan NO.2 of Hill Top Manor, dated May 27, 1964, and recorded March 31, 1967, in Cumberland County Plan Book 18,Page 77, as follows: BEGINNING at a point on the northern line of Bellaire Avenue (33 feet w,de) at the line dividing Lots Nos. 38 and 39 as shown on the previously mentioned plan;thence by the northern hne of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of 70.0 feet to the line dividing Lots Nos. 39 and 40 as shown on said Plan; thence by said dividing line North 04 degrees 09 minutes 30 seconds West 162.27 feet to a point;thence South 68 degrees 05 minutes 30 seconds Easl 167.79 feet to a point; thence by the dividing line between Lots Nos. 38 and 39 South 39 degrees 39 minutes West 162.27 feet to the place of BEGINNING. 74 y r • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 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. Li Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 26 da of Aril 2013 r Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy e atri ot*News Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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 dir actors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of DaL ,phin in Miscellaneous Book"M", Volume 14, Page 317. cu E VALLEY Y FOR11^K INC This ad ran on the date(s)shown below: v ; BRENDA.STONE_ 04/16/13 Donning°VaT ez,r a .. „,.,*, 1 �•..,-0,,,,,, 04/23/13 , 04/30/13 Ilx,V, , as shown on Plan NO.2 of Hill Top Manor, dated May 27,1964,and recorded March in Cu m; Sworn to and subscribed before •- this 13 day of May, A.D. •in Cumberland Count}^Plan Bwpk 18,Page Y Y, 77,as follows Y - ' , liE ofBeBai at a pent on the northern C,..nattal line of Bellaire Avenue,(33 feet%de)at the ' 4, N line dividing Lots Nos,38 and 39 as shown ` on the previously mentioned plan;thence oubuic by the northern hne of Bellaire Avenue by a curve to the left having a radius of 113 feet the arc distance of-70.0 feet to the line dividing Lots Nos.39 and 40 as shown on said Plan;thence by said dividing line North 04 degrees 09 minutes 3E71 seconds West 162,27 feet to a-point;thence South 68 COMMONWEALTH OF PENNSYLVANIA degrees 05 mm ltes 30 seconds Eas1167.79 Notarial Seal feet to a point;thence by the dividing line Holly Lynn Warfel,Notary Public between Lots Nos. 38 and 39 $oulh 39 Washington Twp.,Dauphin County degrees 39 minutes West 162.27 feet to the My Commission Expires Dec.12,2016 place of BEGINNING. MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES i 07/16/2013 03:18 7172436510 SAIDIS SULLIVAN LAW PAGE 01/02 . r . Law Offices of SAIDIS, SULLIVAN & ROGERS A PROFESSIONAL CORPORATION 26 WEST HIGH STREET ROBERT C.SAIDIS CARLISLE,PENNSYLVANIA 17013 • DANIEL L.SULLIVAN TELEPHONE: (717)243-6222-FACSIMiLE:(717)243-6486 LEMOYNE;.ONC'fi: 634 NORTH 12T''STR1 Si.!r,5 T.,406 ELYSE E.ROGERS EMAIL:attorneyess:-attorncys.com I.EMOYNE,PA 1704 JOHN A.FEICHTEL www.ssr-attor:neys.com TELEPHONE: (717)612-5ROt DEAN E.REYNOSA FACSIMILE: (717)6112-581)5 TODD F.TRUNTZ MARYLOU MATA$ Of Cuu, d SEAN M.SHULTZ JOHN I .SLIKE HANNAH WHITE-GII3SON STEPHEN L.GROSE REPLY TO CARLISLE July 16, 21)13 VIA FACSIMILE ONLY(717-240-6397) Cumberland County Sheriff Attn: Claudia Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Cumberland Valley Habitat for Humanity, Inc. v. 1 Domingo Vazquez Civil Action Na Dear Claudia: Per your conversation with my assistant, attach above-referenced matter. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact my office. Very truly yours, • • SAIDIS, SULLIVAN & ROGERS • Sean M. Shult' SMS/dlnh Attachment 07/16/2013 03:18 7172436510 SAIDIS SULLIVAN LAW PAGE 02/02 • CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HumANrry,INC., CUMBERLAND COUNTY,PA Plaintiff v. • NO. BRENDA STONE and DOMINGO VAZQUEZ, CIVIL ACTION Defendants ORDER THIS 164" day of-J(44_1r_, 2011,upon consideration of the Motion for To Post a Copy of Original Process on the Property in Lieu of Personal Service, filed in this matter, IT IS ORDERED that service of this matter nal e " et forth below pursuant to PA R.C.P. 410(c)( ) and PA R.C.P. 430; ,• .•• BY THE COURT: J. :• c rri COI _ r_ ■.< • •—c, C-) > ; I CD COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Cumberland Valley Habitat for Humanity is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 22nd day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 6232, at the suit of Cumberland Valley Habitat for Humanity Inc. against Brenda Stone & Domingo Vazquez is duly recorded as Instrument Number 201400298. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this day of A.D. CAI? f 407 ecorder of Deeds •ecorder Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018