HomeMy WebLinkAbout11-0014RICHARD F. STERN, ESQUIRE (03315)
STEVEN K. EISENBERG, ESQUIRE (75736}
KEVIN P. DISKIN, ESQUIRE (86727)
STERN AND EISENBERG, LLP
THE PAVILION
261 OLD YORK ROAD, SurrE 410 /(~
JENKINTOWN, PENNSYLVANIA 19046 ~, "
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
2929 Walden Avenue
Depew, NY 14043
Civil Action Number:
11- ~~ ~~v."I
V.
David L. Johnston and
Penny L. Johnston
319 North Main Street
Jeneau, WI 53039
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CIVIL ACTION -MORTGAGE FORECLOSURE ~
COMPLAINT 1N °:~'
MORTGAGE FORECLOSURE -~_, `~
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This is an attempt to collect
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NOTICE
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You have been sued in Court. If you wish to defend the claims set forth in the following pages, you
must take action within twenty (20) days after this Civil Action and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or
for any other claim or relief requested by the plaintiff. You may lose money or property of other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW Ta FIND ~ OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
J:1Angela\Complaints\Cumberland\HSBC.JoI-aston.Penny.l2. l0.doc
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RICHARD F. STERN, ESQUIRE (03315)
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DLSKIN, ESQUIRE (86727)
STERN AND EISENBERG, LLP
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
2929 Walden Avenue
Depew, NY 14043
v.
David L. Johnston and
Penny L. Johnston
319 North Main Street
Jeneau, WI 53039
Civil Action Number:
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION -MORTGAGE FORECLOSURE
NOTICE
This is an attempt to collect
a debt and any information obtained
will be used for that purpose.
You have been sued in Court. If you wish to defend the claims set forth in the following pages, you
must take action within twenty (20) days after this Civil Action and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the Court your defense or
objections to the claims set forth against you.
You aze 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 Civil Action or
for any other claim or relief requested by the plaintiff. You may lose money or property of other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW T~ F1ND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
3:\Angela\Complaints\Cumberland\HSBC.Johnston.Penny.l2. I O.doc
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 Street
Carlisle, PA 17013
800-990-9108
717-249-3166
J:\Angela\Complaints\Cumberland\HSBC.Johnston.Penny. l2. l0.doc
NOTICE
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ.,
YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN
VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT
WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN
ADMISSION OF LIABILITY BY YOU.
IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE
COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE
OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE
MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION
OF THIS DEBT.
THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT
TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
J:\Angela\Conmtaints\Cumberland\HSBC.Johnston.Penny. l2. l0.doc
RICHARD F. STERN, ESQUIRE (03315)
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
STERN AND EISENBERG, LLP
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
2929 Walden Avenue
Depew, NY 14043
v.
David L. Johnston and
Penny L. Johnston
319 North Main Street
Jeneau, WI 53039
Civil Action Number: ~ ~ _ I ~ G ~?/'~' `~el-~.
COMPLAINT IN
MORTGAGE FORECLOSURE
COMPLAINT
CIVIL ACTION -MORTGAGE FORECLOSURE
1. Plaintiff is Household Finance Consumer Discount Company (hereinafter referred to as
"Household Finance Consumer Discount Company") with offices located at 2929 Walden
Avenue, Depew, NY 14043.
2. Defendant(s) are David L. Johnston and Penny L. Johnston, adult individuals with alast-
known address of 319 North Main Street, Jeneau, WI 53039.
3. Under date of 06/15/2007, defendants executed and delivered to Household Finance
Consumer Discount Company a mortgage upon the property 1073 Oyster Mill Road,
Camp Hill, PA (the "Property") to secure the payment of the sum of $130,720.06. The
said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland
County on 06/19/2007 at Bk. 1996 Pg 1637 and a copy is attached hereto as Exhibit "A".
A copy of the legal description of the Property is attached hereto and made a part hereof
as Exhibit "B".
J:\Angela\Complaints\Cumberland\HSBC.Johnston.Penny. l2. l0.doc
4. Said Defendant(s) are the real owners of Property 1073 Oyster Mill Road, Camp Hill,
PA, 17011.
5. In accordance with Act 91 of 1983, as amended, a combined notice providing the
information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the
defendants and no response was made in the appropriate period of time. A true and
correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit
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6. The said loan is in default as a result of the failure to pay the monthly installments of
$1,215.61 due on May 20, 2010 and on the same day of each month thereafter.
7. The following is due on the loan:
PRINCIPAL BALANCE ....................................................... $127,211.52
INTEREST accrued thru 12/23/2010 of ............................... $9,670.74
Interest after 12/23/2010 shall accrue at the per diem
rate of $36.22.)
LATE CHARGES accrued thru 12/23/2010 of .....................$60.78
Late charges after 12/23/2010 shall accrue at the monthly
rate of $0.00.)
FEES BILLED .......................................................................$275.00
ATTORNEY' S FEE .............................................................. $6,400.00
TOTAL .................................................................................. $143,618.04
The attorney fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the
mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually
performed.
J:\Angela\Complaints\Cumberland\HSBC.Johnston.Penny.12.10. doc
WHEREFORE, Plaintiff, Household Finance Consumer Discount Company requests
this Court to enter judgment for foreclosure of the mortgaged property for the sum of $127,211.52 plus
interest thereon of $9,670.74 plus $36.22 per day from 12/23/2010 until judgment is paid in full, late
charges of $60.7$, fees billed of $275.00, attorney's fees of $6,400.00 and all other amounts set forth
above, less any suspense as set forth above, together with record costs and any other amounts to which
Plaintiff is entitled to recover.
STERNA SENBERG LLP
BY: -- ----
ARD F. STERN, ESQUIRE
STEVEN K. EISENBERG, ESQUIRE
KEVIN P. DISKIN, ESQUIRE
Attorney for Plaintiff
Date: December 23, 2010
J:\Angela\Complaints\Cumberland\HSBC.Johnston.Penny. l2. l0.doc
VERIFICATION
I, Steven K. Eisenberg, Esquire of Stern & Eisenberg, LLP (Name), hereby verifies that I am
Counsel for the Plaintiff and as such, am authorized to make this Verification on its behalf and further that
the facts of record (based upon documents duly recorded with the County) set forth in the foregoing
document are true and correct to the best of my knowledge, information, and belief and information
provided from the Plaintiff. Pursuant to PaRCP 1024(c) the representative of the Plaintiff is outside of the
jurisdiction of the Court and said verification could not be timely obtained. To the extent required, as to
all other statements of fact, a substitute verification from the client will be filed with the Court.
This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn
falsification to authorities.
Print Name: Steven K. Eisenberg
On Behalf of: Plaintiff
Dated: ~ 2 ' '~ ' ZC~1 O
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MORTGAGE
IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN-END MORTGAGE AND
SECURES FUTURE ADVANCES.
THIS IvIORTGAGE is made this day 15TH of JUNE 2007 ,between the
Mortgagor, PENNY L . W I LL I AMS, SINGLE , AItA PENNY L. JOHNSTON F ~ ~~~( L .
a corporation organized and existing under t e laws of PENNSYLVANIA , whose a ress ~s
25 GATEWAY DRIVE, GATEWAY SQUARE/SUITE 107, M>=CHANICSBURG, PA 17055
herein " nder" .
a The following paragraph preceded by a checked box is applicable.
X WHEREAS, Borrower is indebted to Lender in the principal sum of $
evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage an
Agreement dated JUNE 1S . 2f)07 and any extensions or renewals thereof {herein
"Note"), providing for monthly installments o principal and interest, including any adjustments to the
amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if
not sooner paid, due and payable on JUN 15 O~
a WHEREAS, Harrower is indebted to Lender in the principal sum of $ ,
or so much thereof as may be advanced pursuant to Borrower's Revolving an Agreement dated
and extensions and renewals thereof (herein "Note"}, providing for
moot ly costa menu, and interest at the rate and under the terms specified in the Note, including any
adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the
principal sum above and an initial advance of $ ,
Td SECURE to Lender the repayment of { 1) the indebtedness evidenced by the Note, with
interest thereon, including any increases if the contract rate is variable; (2} future advances under any
Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage; and (4) the performance of the covenants
and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to
Lender and Lender's successors and assigns the following described property located in the County of
CU1dBERLANO Commonwealth of Pennsylvania:
SEE EXHIBIT A-LEGAL DESCRIPTION
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TOGETHER with all the improvements now or hereafter erected on the property, and all
casements, rights, appurtenances and rents, all of which shall be decmtd to be and remain a part of the
property covered by this Mortgage; and all of the foregoing, together with said property (or the
leasehold estate if this Mortgage is on a leasehold) arc hereinafter referred to as the "Property."
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed 'and has the
right to mortgage, grant and convey the Property, and that the property is unencumbered, except for
encumbrances of record. Borrower covenants that Borrower warrants and wilt defend generally the title
to the Property against all claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment o[ Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest (including any variations in interest resulting
from changes in the Contract Rate that may be specified in the Note} on, the debt evidenced by the Note
and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for
Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instn~ment shall
be made in U.S, currency. However, if any check or other instrument received by Lender as payment
under the-Nola drKhis ~curity Instrument is returned to [,ender unpaid, Lender may require that any or
all sul~iient'papments due under the Note and this Security Instrument be made in one or more of the
following forms, as selected by Lender: {a} cash; (b) money order; (e) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other [ovation as may be designated by Lender in accordance with the notice provisions in Section
12. Lender may return any payment or partial payment if the payment or partial payments are
insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient
to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse
such payment or partial payments in the future, but Lender is not obligated to apply such payments at
the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,
then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until
$ormwer makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might have now or in the future against Lender shalt
relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as
may be required by the Note andlor applicable law, all payments accepted and applied by Lender shall be
applied in the fallowing order of priority: (a) interest due under the Note; (b} principal due under the
Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to
any other amounts due under this Security Instrument, and then to reduce the principal balance of the
Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment
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and the sate charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full. To the extent that any excess exists after the payment is applied to the full
payment of one or more Periodic Payments, such excess may be applied to any late charges due.
Volunatary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal dtle
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due
under the Note, until the Notc is paid in full, a sum (the "Funds") to provide for payment of amounts
due for; (a) taws and assessments and other items which can attain priority over this Security
Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the
Property, if any; (e) premiums for any and all insurance required by Lender under Section 5; and (d)
Mortgage Insurance premiums, if any. These items are called "Escrow Items." At origination or at
any time during the term of the Loan, Lender may require that Community Association Dues, Fees,
and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to
pay to Lender Funds for any or all Escrow Etems at any time. Any such waiver may only be in writing.
In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for
any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall
furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed
to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 7. if Borrower is obligated to pay Escrow items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights
under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to
Lender any such amount. Lander may revoke the waiver as to any or all Escrow Items at any time by a
notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount {a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a
lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 26(11 et seq.) and
its implementing regulation, Regulation X {24 C.F.R. Part 35000, as they might be amended from time
to time, or any additional or successor legislation or regulation that governs the same subject matter.
As used in this security instrument, "RF.SPA" refers to all requirements and restrictions that are
imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally
related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or elitity (including Lender, if Lender is an institution whose deposits are so insured)
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or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later
than the time specified undo RFSPA. Lender shall not charge Borrower for holding and applying the
Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless ].ender pays
Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall
not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can
agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RFSPA. If there is a shortage of Funds held in
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no
more than I2 monthly payments. If there is a deficiency of Funds held in escrow, as defined under
RESPA, Lender shall notify RorroRer as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12
monthly payments.
Upon payment in full of ell sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of
Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower
shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable
to the Property which may attain a priority over this Mortgage, and leasehold payments or ground
rents, if any.
S. Hazard Insurance. 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
such other hazards as Lender may require.
The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by
Lender; provided, that such approval shall not be unreasonably withheld_ All insurance policies and
renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in
favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals
thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage.
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.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days
from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a clai m for
insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option
either to restoration or repair of the Property or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with the provisions of any lease if this
Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development,
Borrower shall perform all of Borrower's obligations under the declaration or covenants creasing or
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governing the condominium or planned unit development, the by-laws and regulations of the
condominium or planned unitdevelopment,and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements
contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's
interest in the Property, then Lender, at Lender's option, upon notice to Harrower, may make such
appearances, disbursesuch sums, including reasonableattorneys''fees, and takesuch action as isnecessary to
protect Lender's interest.
Any amounts disbwsed by Lender pursuant to this paragraph 7, with interest thereon, at the contract
rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and
Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
Borrawer requesting payment thereof. Nothing contained in this paragraph 7 shall require Lcndcr to incur
any expense or take any action hereunder.
8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specifying
reasonable cause therefor related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage,
deed of trust or other security agreement with a lien which has priorityover this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by, this Mortgage by reason of any demand made by the original Borrower and Borrower's
successors in interest. Any forbearance by Lender in exercising any right ar remedy hereunder, or otherwise
afforded by applicable law, shall not bea waiver of or precl ude the exercise of any such tight or remedy.
I1. Successors and Assigns Bound; Joint andSeveral Liability; Co-signers. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors
and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and
agreements of Borrower shall be joint and several. Any Borrower who cosigns this Mortgage, but does not
execute the Note, (a) is cosigning this Mortgage only to mortgage, grant and convey that Borrower's
interest in the Property to Lender under the terms of this Mortgage, {b} is not personally liable on the Note
or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend,
modify, Forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note
without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that
Borrower'sinterestinthe Property.
12. Notice_ Except for any notice required under applicable law to be given in another manner. (a) any
notice to Borrower provided for in this Mortgage shat! be given by delivering it or by mailing such notice by
certified mail addressed to Borrawer at the Property Address or at such other address as Borrower may
designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified
mail to Lender's address stated herein or to such other address as Lender may designate by notice to
Harrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given
to Borrower or lender when given in the mannerdesignatcd herein.
13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no
applicable law is contained therein, the state and(`l[o~eal laws~~Ya~lpplicable to this Mortgage shall be the laws of
lhett roSdMrGal~~~~~~~tfld~~Ilgo~~~~a~1~~ppPA001305
+~J77C21AFOL9lMT0900DPA0013050""JOHNSTON " ORIGINAL
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-ti-
of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or
the Note which can be given effect without the conflicting provision, and to this end the provisions
of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and
"attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. $orrower shall be furnished a conformed copy of the Note and of this
Mortgage at the ti me of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shat l fulfill all of Borrower's obligations under any
home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with
Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender,. in a form
acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against
parties who supply labor, materialsorservices in connection with improvements made to the Property.
16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property
or an interest therein, excluding {a} the creation of a lien or encumbrance subordinate to this
Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant,
(c} the grant of any leasehold interest of three years or less not containing an option to purchase, {d)
the creation of a purchase money security interest for household appliances, {e) a transfer to a
relative resulting from the death of a Borrower, (f} a transfer where the spouse or children of the
Borrower become an owner of the property, {g) a transfer resulting from a decree of dissolution of
marriage, legal separation agreement, or from an incidental property settlement agreement, by which
the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos
trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of
rights of occupancy in the property, or (i} any other transfer or disposition described in regulations
prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted
information required by Lender to evaluate the transferee as if a new }oan were being made to the
transferee. Borrower will continue to be obligated under the Nate and this Mortgage unless Lender
releases Borrower in writing.
If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by
this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender
shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall
provide a period of not less than 30 days from the date the notice is mailed or delivered within which
Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of
such period, Lender rnay, without further notice or demand on Borrower, invoke any remedies
permitted by paragraph 17 hereof.
NONUNIFORM COdENANTS. Borrower and Lender further covenant and agree as follows:
17. Accclcration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's
breach of any covenant or agreement of Borrower in this Mortgage, including the covenants
to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give
noticx to Borrower as provided in paragraph 12 hereof specifying: (1} the breach; (2) the
action required to cure such breach; (3) a date, not less than 30 days from the date the notice
is mailed to Borrower, by which such breach must be cured; and {4) that failure to cure such
breach on or before the date specified in the notice may result in acceleration of the sums
secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The
It-11-05 MTG
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PA001306
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noticc shall further inform Borrower of the right to reinstate after acceleration and the
right to assert in the foreclosure proceeding the nonexistence of a default or any other
defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before
the date specified in the notice, Lender, at Lender's option, may declare ail of the sums
secured by this Mortgage to be immediately due and payable without further dcmaad and
may foreclose this Mortgage by judicial proceeding. bender shall be entitled to collect in
such proceeding all eYpenscs of foreclosure, including, but not limited to, reasonable
attorneys'' fees and costs of documentary evidencx, abstracts and title reports.
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums by this
Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by
Lender w enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this
Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and
the Note had no acceleration occurred; (b} Borrower cures all breaches of any other covenants or
agreements of Borrower contained in this Mortgage; (c~ Borrower pays all reasonable expenses
incurred by Lender in enforcing the covenants and agreements of Borrower contained in this
Mortgage, and in enforcing Lender's remedies as provided in paragraph i7 hereof, including, but not
limited to,~reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably
require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's
obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment
and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force
and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver. As additional security hereunder,
Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to
acceleration under paragraph 17 hereof, in abandonment of the Properly, have the right to collect and
retain such rents as they become due and payable.
Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be
entitled to have a receiver appointed by a court to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by 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 Mortgage, The receiver shall be liable to
account only for those rents actually received.
20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this
Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any.
2l. ~Yaiver of Homestead. Borrower hereby waives all right of homestead exemption in the
Property under state or Federal law.
22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
23. Arbitration Rider to Note_ The Arbitration Rider attached to and made a part of the Note
is hereby incorporated by reference and made a part of this Mortgage.
11-11-05 MTG I~~~~~~~® ~~e ~~ PA001307
'~J77C21AFDL97MTG9000PA0013070~"JOFNSiON " ORIGINAL
B~ 1996P~ ~ 643
-8-
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPGRIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a
lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on
page one of this Mortgage, of any default under the superior encumbrance and of any sale or other
foreclosure action. ~ ~ ~,> ~
v0 n n s ~ :iC ~~. ,L.
P nny j~Wi isms ~ronwer
AKA Penny L Joh stop -Borrower ~~^ '
Davi L J nston -Borrower
I hereby certify that the precise address of the Lender (Mortgagee) is:
25 Gateway Drive, Suite 107, Mechanicsburtt, PA 17050
On behalf of the Lender. $y: Ryan D Russell ~--'.~~~.,Gl../llL( Title: Branch Mana~Pr
COMMONWEALTH OF PENNSYLVANIA, mbezland County ss:
l~ Bernadette Heffelfin8~ a Notary Public in and for said county and state, do hereby
certify that Penn L Williams Sin le ARA Penn L Johnston and David L Johnston
personally known to me or proven satisfactori y to a same persons w ose names are
subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that
t he _~signed and delivered the said instrument as their free voluntary
,t act, for the uses and purposes therein set forth.
t' ,~Given,.under my hand and official seal, this 15th ~ of ~ 20
,~ June 07
S[CI ,i
" ~,r ~rnmission expires: ~~ y/a
;~ t . ~ i ~~~ •~.i ~~ii ~. t Notary P
ar .. 1' DOMINION W EALTH OF PENNSYLVANIA, County ss:
'"` ~'I. a Notary Public in and for said county and state, do hereby
certify that .
personally known to me or proven satlsfactorrly to be the same persons whose name s
subscribed to the foregoing instrument, appeared before me this day in person, and acknowledge f~
he signed and delivered the said instrument as free voluntary
act, for the uses and purposes therein set forth.
Given under my hand and official seal, this
My Commission expires:
day of . 20
COMMONWEAL'il-1 OF PENNSYWANIA Notary Public
Notmlal seal
8emadet~ M. MetfelArger, Notary Pttbdc
tower Patch, Twv. Deuptw, co,mcr
~ Canmdsslon E~hs, Nov. 2a, 2007
Member. Pennsylveda Aeso~Jatlon Of Notortca PA00130t1
11-11-05 MTG
"J71C2iAFDL97MT09000PADD13090""JOftNSiON " ORIGINAL
Slt 19 9 6 PG 16 ~ 4
ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the East side of a 33 foot wide public highway at the northwest comer of lands now
or formerly of Peter A. Seiler et ux. which point is also 229 feet, more or less, in a northwesterly direction by the
East side of said public highway from comer of lands now or formerly of L.F. Walsh; thence in a northwesterly
direction along the East side of the said public highway for a distance of 121 feet, more or less, to a point at
comer of lands now or formerly of William W. Webb; thence in a northeasterly direction 68 degrees 30 minutes
East 155 feet, plus or minus, along lands now or formerly of William W. Webb to a point at the low water mark
of the Conodoquinet Creek; thence in a southeasterly direction along the several courses of the Conodoquinet
Creek 121 feet, more or less, to a point at lands now or formerly of said Peter A. Seiler et ux; thence in a
southwesterly direction 68 degrees 30 minutes West 155 feet, more or less, by lands of same to the point and
place of BEGINNING.
BEING the same premises which Robert B. Ross, Single Individual, by Deed dated September 19, 2003 and
recorded September 23, 2003 in the Office of the Recorder of Deeds in and for Cumberland County in Deed
Book 259 Page 2157, as Instrument Number 2003-052561, granted and conveyed unto Penny L. Williams, Single
Individual, in fee.
STERN AND EISENBERG, LLP
410 TxE PavTL,ioN
261 OLD YORx ROAD
JENKINTOwN, PA 19046
(215) 572-8111
Date: November 10, 2010
COMBINED NOTICE UNDER
ACT 6 and ACT 91
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your 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 THIRTY-THREE (33) DAYS OF THE DATE OF
THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired
hearing can 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 fmd 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 PARR UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S): David L. Johnston and Penny L. Johnston
PROPERTY ADDRESS: 1073 Oyster Mill Road, Camp Hill, Pennsylvania.
MAILING ADDRESS: 319 North Main Street, Jeneau, WI 53039
LOAN ACCT. NO.: 0017196007
CURRENT LENDER/SERVICER: Household Finance Consumer Discount Company
HOMEOWNER'S 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 (plus three (3) days for mailing) 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 (33) 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 against you for
thirty (30) days after the date of this meeting. The names addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the proUerty is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advlse your
lender immediately of your intentions.
J:Uess~ACT Notices~I-ISBC-Johnston Cumberland 11-10.doc
APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons
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 SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK
DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF
THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM
STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN
THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE
TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM
STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY
APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
AGENCYACTION --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
PURPOSES 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.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property
located at: 1073 Oyster Mill Road ,Camp Hill, Pennsylvania.
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:
7:Uess~ACT Notices~liSBC-Johnston Cumberland 11-10.doc
Monthly payments of $1,215.61 due on
May 20, 2010 through and
including November 10, 2010, in the amount of ...................$7,293.66
Other charges (explain/itemize):
Tate chaz~es :..........................................................................$60.78
Fees billed .............................................................................. $275.00
Other charges (explain) ..........................................................$0.00
TOTAL AMOUNT PAST DUE :....................................................$7,624.44
B. Reserved for items other than amounts set forth in A. above.
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $7,624.44, 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 checl~ certified check or money order made payable and sent to:
Stern & Eisenberg, LLP
The Pavilion
261 Old York Rd., Suite 410
Jenkintown, PA 19046
215-572-8111
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 mort~a~e
debt. This means that 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
attomeys to start legal action to foreclose upon your mort~a~ed property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, 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 attomeys fees actually incurred by the
lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY (30)
DAYS 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 the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale.
You may do so b~paying the total amount then past due plus any late or other chaz~es then due
J:Uess~ACT Notices~ISBC-Johnston Cumberland 11-10.doc
reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performm~ anv other regiurements
under the mort~a~e. Curing your default in the manner set forth in this nottce 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 eazliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to siz (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs 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:
Name of Lender: Household Finance Consumer Discount Company
Address: 2929 Walden Avenue
Depew, NY 14043
Phone Number: 1-800-333-5848 x 3888
Contact Person: Performing Collections Dept./Loss Mitigation Department
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs 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
Sheriffs 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 costs are paid prior to or at the sale and that the
other requirements of the mortgage aze 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.)
J:Uess~ACT Notices~FiSBC-Johnston Cumberland 11-10.doc
* 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
(See Attached Page)
Sincerely,
STERN & EIS ERG
BY: .`..-~----~-
Eisenberg, LLP
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR MAIL
J:Uess~?,CT Notices~l-ISBC-Johnston Cumberland 11-10.doc
NOTICE PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT
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.
You may dispute the validity of the debt or any portion thereof. If you do so in writing within
thirty (30) days of receipt of this letter, this firm will obtain and provide you with written
verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested
within thirty (30) days of receipt of this letter, this firm will send you the name and address of
the original creditor if different from above.
J:Uess~P,CT Notices~l3SBC-Johnston Cumberland 11-10.doc
CUMBERLAND COUNTY
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
800-342-2397
J:Uess1?.CT Notices~I-ISBC-Johnston Glimberland 11-10.doc
0 IF
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
STEVEN K. EISENBERG, ESQUIRE
STERN AND EISENBERG LLP
The Pavilion
261 Old York Road, Suite 410
Jenkintown, PA 19046
(215) 572-8111
I.D. #75736
Household Finance Consumer Discount Company
2929 Walden Avenue
Depew, NY 14043
v.
David L. Johnston and
Penny L. Johnston
319 North Main Street
Jeneau, WI 53039
s
1:6 N o?
s
n
c
r-j
Cn
Civil Action Number: 11-14
COMPLAINT IN
MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that
Civil Action was mailed to the Defendants by certified mail, return receipt requested on January
5, 2011 and received by the Defendants on January 10, 2011 as evidenced by copy of certified
mail receipts and signed green cards attached.
STERN AND EISENBERG LLP
STEVEN K. EISENBERG
Attorney for Plaintiff
1/19/11
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STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKirt, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSIiL FOR PLAINTIFF)
i6l_lrrIL
as -K2 IC
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
V.
Civil Action Number: 11-14 Civil
David L. Johnston and Penny L. Johnston
Defendant(s)
MORTGAGE FORECLOSURE
PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff and against Defendant(s), David L. Johnston and Penny L.
Johnston, for failure of said Defendant(s) to file a responsive pleading to the Complaint within
twenty (20) days of service thereof.
PRINCIPAL BALANCE ...............................................................................$127,211.52
INTEREST accrued thru 12/23/2010 of .......................................................$9,670.74
Interest after 12/23/2010 shall accrue at the per diem
rate of $36.22.)
LATE CHARGES accrued thru 12/23/2010 of .............................................$60..78
Late charges after 12/23/2010 shall accrue at the monthly
rate of $0.00.)
FEES BILLED ...............................................................................................$275.00
ATTORNEY'S FEE ......................................................................................$6,400.00
Sub-Total Through Date of Complaint ....................................................$143,618.04 0,Uk N U '::Sb 0 Qb?y
C k ? 300 l?(? 1
J:\Michael BeIASalesWumbertandVohnston, Penny 3-12.docx p( r v' I
ACCRUED INTEREST after 12/23/2010 shall accrue
at the per diern
rate of $36.22 to March 6, 2012 .....................................................................$15,900.58
TOTAL DUE THROUGH DATE OF REQUEST
FOR JUDGMENT .........................................................................................$159,518.62
STERN & E BERG, PC
? TEVEN K. EISENBERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
? JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
JAMichael BelMales\Cumberland\Johnston, Penny 3-12.docx
Request for Military Status
Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Mar-05-2012 12:26:59
t Last Service
First/Middle Begin Date Active Duty Status Active Duty End Date
Name Agency
Based on the information you have furnished, the DMDC does not possess
JOHNSTON PENNY an information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
4124?
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http://wwvv.defenseIink.mil/faq/pis/PC 09SI,DR.lztm1. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.mil/appj/scra/popreport.do 3/5/2012
Request for Military Status
Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Mar-05-2012 12:27:55
< Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
A
Name gency
Based on the information you have furnished, the DMDC does not possess
JOHNSTON DAVID any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
iA-
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL ht_tp://www.del'enselink,.mil/i'aq/pis/PC09SI.,DR.Iitml. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.mil/appj/scra/popreport.do 3/5/2012
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
V.
David L. Johnston and Penny L. Johnston
Defendant(s
Civil Action: 11-14 Civil
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF MONTGOMERY
I, the undersigned, being duly sworn according to law, deposes and says, to the best. of his
knowledge, information and belief, Defendants':
1. Last-known address is
319 North Main Street, Jeneau, WI 53039 and 1073 Oyster Mill Road, Camp Hill, PA 17011
2. Is over the age of twenty-one.
3. Is not now nor has been within the last six (6) months in the Armed Services of the
United States as defined in the Soldiers' Civil Relief Act of 1940, as amended.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DIANE J. TURANO, Notary Public
Jenkintown Boro., Montgomery County
My Commission Expires October 31, 2014
STERN 8y1 SpNBERG, PC
2'STEVEN K. EISENBERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE,
? JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
Sworn}?d subscribed bef re me
thi Day of M , 2012.
Notary Public:
J:\Michael Bell\Sales\Cumberland\Johnston, Penny 3-12.docx
STERN AND EiSENBERci LLP
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOW-N, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY
Household Finance Consumer Discount Company
(Plaintiff) Docket #: 11-14 Civil
V.
David L. Johnston and Penny L. Johnston YEN DAY NU 1ICE
(Defendant(s))
NOTICE PURSUANT TO Pa.R.C.P. 237.1
TO:
David L. Johnston and Penny L. Johnston
319 North Main Street
Jeneau, WI 53039
Date of Notice: Monday, January 31, 2011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP:
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 Street
Carlisle, PA 17013
800-990-9108
717-249-3166
STERN & EISENBERG, LLP
By:
Attorney for Plaintiff`
J `Jess\10 Day Letters\Cumber]andVohnston, David 1.11.doc
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKiN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (21 5) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
V.
David L. Johnston and Penny L. Johnston
Civil Action: 11-14 Civil
Defendant(s)
MORTGAGE FORECLOSURE
CERTIFICATION UNDER RULE 237.1
I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day
notice of intention to enter judgment by default was sent to Defendants in accordance with Pa.
R.C.P. No. 237. l., a true and correct copy of which is attached hereto.
STERN & El NBERG, PC
STEVEN K. EISENBERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
? JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
J:\Michael Bell\Sales\CumberlandVohnston, Penny 3-12.docx
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL, FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
V.
David L. Johnston and Penny L. Johnston
Civil Action: 11-14 Civil
Defendant(s)
MORTGAGE FORECLOSURE
CERTIFICATE UNDER ACT 91 OF 1983
It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not
protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L.
1688, No. 621 because notice, as required, was sent to Defendants and no timely response was
made.
STERN & El NBERG, PC
B _
STEVEN K. EISENBERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
? JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
JAMichael Be1l\Sa1es\CUIDber1andVohnston, Penny 3-12.docx
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
V.
David L. Johnston and Penny L. Johnston
Civil Action: 11-14 Civil
Defendant(s)
MORTGAGE FORECLOSURE
CERTIFICATION OF ADDRESS
It is hereby certified that the last known addresses of the parties are as follows:
Household Finance Consumer Discount Company
2929 Walden Avenue
Depew, NY 14043
(Plaintiff)
David L. Johnston and Penny L. Johnston
319 North Main Street
Jeneau, WI 53039
and
1073 Oyster Mill Road
Camp Hill, PA 17011
(Defendant(s))
STERN & EISENBERG, PC
STEVEN K. EISENBERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
? JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
J:Wichael Bell\Sales\CumberlandUohnston, Penny 3-12.docx
r.s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV.?g
CIVIL DIVISION A`
PRAECIPE FOR WRIT OF EXECUTION
Confessed Judgment o
Household Finance CDC '
_
Plaintiff ?? Other ;.
vs. File No. 11-14 Civil ?:' ..
159,518.62
nt D
A
mou
ue
David L. Johnston &Penny L. Johnston -
Defendant Interest from 3/7/2012 at the per _
Address: Atty's Comm diem rate of $36.22
1073 Oyster Mill Road Costs
Camp Hill, PA 17011
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended..
Issue writ of execution in the above matter to the Sheriff of Cumberland _
County, for debt, interest and costs, upon the following described property of the defendant (s)
David L. Johnston and Penny L. Johnston
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens st real estate of the
defendant(s) described in the attached exhibit.
Date March 6, 2012 Signature:
Print Name: Steven K. Eisenberg
n 261 Old York Road
Address:
l?t?w $ a F S?
°18.00 F Jenkintown, PA 19046
1(0 , 50 ?f 11 Attorney for: Plaintiff -
c?. SO U " Telephone: 215-572-8111
?0 ?Ii6 Supreme Court ID No: 75736
&?? a s
?<<S6GL
a`? `7915 1 V U ZVA-0ev/
ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the East side of a 33 foot wide public highway at the northwest corner of
lands now or formerly of Peter A. Seiler et ux. which point is also 229 feet, more or less, in a
northwesterly direction by the East side of said public highway from corner of lands now or formerly of
L.F. Walsh; thence in a northwesterly direction along the East side of the said public highway for a
distance of 121 feet, more or less, to a point at corner of lands now or formerly of William W. Webb;
thence in a northeasterly direction 68 degrees 30 minutes East 155 feet, plus or minus, along lands now or
fonnerly of William W. Webb to a point at the low water mark of the Conodoquinet Creek; thence in a
southeasterly direction along the several courses of the Conodoquinet Creek 121 feet, more or less, to a
point at lands now or formerly of said Peter A. Seiler et ux; thence in a southwesterly direction 68 degrees
30 minutes West 155 feet, more or less, by lands of same to the point and place of BEGINNING.
BEING the same premises which Robert B. Ross, Single Individual, by Deed dated September 19, 2003
and recorded September 23, 2003 in the Office of the Recorder of Deeds in and for Cumberland County
in Deed Book 259 Page 2157, as Instrument Number 2003-052561, granted and conveyed unto Penny L.
Williams, Single Individual, in fee.
PARCEL NO. 09-17-1040-010.
JAMichael BelhSales\CumberlandVohnston, Penny 3-12.docx
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
U i- t
I?l0lA'I
12 X! ,R `i1 Ali 10: 1 7
CUMBERLAND COUNT`"
r ENNS`(LVANIA
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
V.
David L. Johnston and Penny L. Johnston
Civil Action: 11-14 Civil
Defendant(s)
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe
for the Writ of Execution was filed, the following information concerning the real property
located at 1073 Oyster Mill Road, Camp Hill, PA.
1. Name and address of Owner(s) or Reputed Owner(s):
David L. Johnston and Penny L. Johnston
319 North Main Street, Jeneau, WI 53039
and
1073 Oyster Mill Road
Camp Hill, PA 17011
2. Name and address of Defendant(s) in the judgment:
David L. Johnston and Penny L. Johnston
319 North Main Street, Jeneau, WI 53039
and
1073 Oyster Mill Road
Camp Hill, PA 17011
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
J:\Michael Bell\Sales\Cumberland\Johnston, Penny 3-12.docx
N/A
4. Name and address of the last recorded holder of every mortgage of record:
N/A
5. Name and address of every other person who has any record lien on the property:
N/A
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:
PA Department of Revenue
Bureau of Compliance
Box 281230
Harrisburg, Pennsylvania 17128
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:
Domestic Relations
Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Street
Carlisle, PA 17013
Tenant(s)/Occupant(s)
1073 Oyster Mill Road
Camp Hill, PA, 17011.
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 falsification to authorities.
Date: March 6, 2012
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DIANE J. TURANO, Notary Pub
Jenkintown Boro., Montgomery Canty
My Commission Expires October 31, 2014
STERN & EIgNBERG, PC
SwoP "d subscribed before me
this Day of IPA C- 2012.
C,
Notary Publi
&- STEVEN K. EISENBERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
? JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
J:\Michael Bell\Sales\Cumberland\Johnston, Penny 3-12.docx
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company
V.
David L. Johnston and Penny L. Johnston
Civil Action: 11-14 Civil
Defendant(s)
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: David L. Johnston and Penny L. Johnston
319 North Main Street, Jeneau, WI 53039 and
1073 Oyster Mill Road
Camp Hill, PA 17011
Your real estate at 1073 Oyster Mill Road , Camp Hill, PA is scheduled to be sold at Sheriffs
Sale on Wednesday, September 5, 2012 at 10:00 A.M. , at Sheriffs Office, Cumberland County
Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $159,518.62
obtained by Household Finance Consumer Discount Company against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments, late
charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may
call Stern & Eisenberg PC, telephone (215) 572-8111.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
J:Wichael Bell\Sales\Cumberland\Johnston, Penny 3-12.docx
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened you may call Stern & Eisenberg PC, telephone (215) 572-8111.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A Schedule of
distribution of the money bid for your house will be filed by the Sheriff on a date specified by
the Sheriff no later than 30 days after the sale date. This Schedule will state who will be
receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the date of filing of said schedule. You should check with the Sheriffs Office by
calling (717) 240-6390 to determine the actual date of filing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
JAMichael Bell\Sales\CumberlandUohnston, Penny 3-12.docx
STEVEN K. EISENBERG, ESQUIRE (75736)
KEVIN P. DISKIN, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK ROAD, SUITE 410
JENKINTOWN, PENNSYLVANIA 19046
TELEPHONE:: (215) 572-8111
FACSIMILE: (215) 572-5025
(COUNSEL FOR PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company Civil Action: 11-14 Civil
V.
David L. Johnston and Penny L. Johnston
Defendant(s) MORTGAGE FORECLOSURE
RE: PREMISES: 1073 Oyster Mill Road, Camp Hill, PA
Dear Sir or Madam:
Please be advised that I represent the above creditor that has a judgment against the above
Defendant. As a result of a default, the above referenced premises, also described on the
attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, September 5,
2012 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013
(subject to change without further notice).
The sale is being conducted pursuant to the judgment in the amount of $159,518.62 together with
interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of
Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I
have discovered that you may have a lien and/or interest in the premises to be sold. This notice
is given so that you can protect your interest, if any, in the lien you have on the premises. If you
have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien,
we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal
advice.
A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later
than 30 days after the sale date and the distribution will be made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days thereafter.
March 6, 2012
STE ISENBERG, PC
BY -? TEVEN K. EISENBERG, ESQUIRE
? KEVIN P. DISKIN, ESQUIRE
? JOSEPH K. REJENT, ESQUIRE
? LEN M. GARZA, ESQUIRE
Attorney for Plaint
J:\Michael Bell\Sales\Cumberland\Johnston, Penny 3-12.docx
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-14 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CDC Plaintiff (s)
From DAVID L. JOHNSTON & PENNY L. JOHNSTON
(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: $159,518.62 L.L.: $.50
Interest FROM 3/7/2012 AT THE PER DIEM RATE OF $36.22
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $139.50
Plaintiff Paid:
Other Costs:
Date: 3/8/12
David D uell, Prothy 0
(Seal) By: ?pYl _
Deputy
REQUESTING PARTY:
Name: STEVEN K. EISENBERG, ESQUIRE
Address: STERN & EISENBERG, PC
261 OLD YORK ROAD
JENKINTOWN, PA 19046
Attorney for: PLAINTIFF
Telephone: 215-572-8111
Supreme Court ID No. 75736
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION-LAW
STEVEN K. EISENBERG, ESQUIRE
STERN AND EISENBERG, PC rn es
c
rn,_
The Pavilion
261 Old York Road, Suite 410
Jenkintown, PA 19046
(215) 572-8111 cam
I.D. #75736 _
' .
Household Finance Consumer Discount Company
Civil Action Number: 11-14 Civil
V.
David L. Johnston and Penny L. Johnston
MORTGAGE FORECLOSURE
s
CERTIFICATE OF SERVICE
1, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify
notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return recei
requested on July 3, 2012.
I further certify that notice of the Sheriff's Sale was mailed to each lienholder by
first-class, postage prepaid mail on July 3, 2012, as evidenced by copy of certificates of
attached.
STERN AND EISENBERG PC
L
S EVEN K. EISENBERG
Attorney for Plaintiff
7/5/12
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Ceput;~
Richard W Stewart
Solicitor
,S~,rl+" „1' .i ~.
';'~ ~ ~
ee. t d d>
Q~~ ~Z ~~ ~G " ~ ~
iR~A
Household Finance CDC Case Number
vs. 2011-14
David L Johnston (et al.)
SHERIFF'S RETURN OF SERVICE
06/21!2012 05:30 PM -Deputy Ryan Burgett, 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 1073 Oyster Mill Road, Camp Hill, PA 17011, Cumberland County.
07/1 G/2012 Attorney originally instructed not to serve defendants with real estate but post property only, on 7/10/12
written
instructions received to serve both defendants at 1073 Oyster Mill Road, Cramp Hill, PA. r_:ab.
07/16/2012 08:27 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Reai 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 thiemselves to bE~ Penny Johnston Wife, who
accepted as "Adult Person in Charge" for David L Johnston at 1073 Oyster Mill Road, Camp Hill, PA
17011, Cumberland County.
07/16/2012 08:27 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Reai 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: Penny L
Johnston at 1073 Oyster Mill Road, Camp Hill, PA 17011, Cumberland County.
09/06/2012 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, Carlisle, PA on September 5, 2012 at 10:00 a.m. He said the same for
the sum of $1.00 to Attorney Steven Eisenberg, on behalf of Household Finance Consumer Discount
Company, being the buyer in this execution, paid to the Sheriff the sum o?f $
SHERIFF COST: $849.95
October 22, 2012
SO ANSWERS,
RONNY R ANDERSON, SHERIFF
y~~~;~v~d. ~_
a.a,, ,~~ ~a-
S'~'7 C~ ~,~,
STEVEN K. F,ISENBERG, ESQUIRE (75736)
KEVIN P, DI$KIN, ESQUIRE; (86727)
70SEPH K. RE.BNT, ESQUIRE (59621)
STERN & EISENBERG, PC
THE PAVILK)1;
261 OLD YG~RK ROAD, SUITE 410
JENKINTOWIJ, PENNSYLVANIA 19046
TELEPHONE,(215)572-8111
FACSIMILE: (2.15) 572-502.5
(COUNSEL FOR PLAIN"I IFF~I
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND (:OUNTY
Household Finance Consumer Discount
Company
v.
David L..Iohnston and Penny L. Johnston
Defendant(s)
Civil Action: 11-14 Civil
MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129_1
I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe
for the Writ of Execution was filed, the following information concerning the real property
located at 1.073 Oyster Mill Road, Camp Hill, PA.
1. Name and address; of Owner(s) or Reputed Owner(s):
David L. Johnston and Penny L. Johnston
31.9 North Main Street, Jeneau, WI 53039
and
1073 Oyster Mill Road
Camp Hill, PA 17011
2. Name and address of Defendant(s) in the judgment:
David. L. Johnston and Penny L. Johnston
319 North Main Street, Jeneau, WI 53039
and
1073 Oyster Mill Road
Camp Hill, PA 17011
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold.:
J:Uvtichael Bull`.Sales\Cumberland\Johnston, Penny 3-12.docx
1~
N/A
4. Name and address of the last recorded holder of every mortgage o:F record:
N/A
5. Name and address of every other person who has any record lien on the property:
N/A
6. Name and address of every other person who has any record iinterest in the property and
whose interest may be affected by the sale:
PA Department of Revenue
Bureau of Compliance
Box: 281230
Harrisburg, Pennsylvania 17128
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:
Domestic Relations
Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Tax: Claim Bureau
Cumberland County Courthouse
Onf: Courthouse Street
Carlisle, PA 17013
Tenant(s)/Occupant(s)
1073 Oyster Mill Road
Camp Hill, P,A, 17011.
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 falsification to authorities.
Date: March 6, 2012
COMMONWEALTH OF PENNSYLVANIA
~NOTARIAL SEAL
DIANE J. TURANO, Notary Puttt~ .
Jenkintown Boro., Montgomery C unty
My Commission Expires October 31, 2014
STERN
1~STEVE',N K. EISENBERG, ESQLTIRF~
^ KEVIN P. DISKIN, ESQUIRE
^ JOSEPH K. REJEN"C, ESQUIRE
^ LEN M. GARZA, ESQUIRE
Attorney for Plaintiff
,PC
Swo ~nd subscribed before me
this ~ Day of P-~ ~-~ ~~ ;12012.
Not~lbli
J:\Michael Bell\Sales\CumberlandUohnston, Penny 3-12.docx
STEVL-N K. EISF..T~JBERG, ESQUIRE (75736)
KEVIN Y. DISx1N, ESQUIRE (86727)
JOSEPH K. REJENT, ESQUIlZE (59621)
STERN & EISENBEKG, PC
THE PAVILION
261 OLD YoRk ROAD, Sun,E 410
7ENKIN~fOWN, PENNSS'EVAIVIA 19046
TELEPH«NE. (2l 5) 572-81 1 1
FACSIMILE: (21S) 572-502`i
(COUNSEL FOR. PLAINTIFF)
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
FOR CUMBERLAND COUNTY
Household. Finance Consumer Discount
Company
v.
David L. Johnston and Penny L. Johnston ~ Civil Action: 11-14 Civil
Defendant(s)
MORTGAGE FORECLOSURk'.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: David L. Johnston and Penny L. Johnston
319 North Main Street, Jeneau, WI 53039 and
1073 Oyster Mill Koad
Camp Hi1L PA 17011
Your real estate at 1073 Oyster Mill Road ,Camp Hill, PA is schedluled to be sold at Sheriffs
Sale on Wednesday, September 5, 2012 at 10:00 A.M. , at Sheriffs Office, Cumberland County
Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $159,518.62
obtained by Household Finance Consumer Discount Company against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Stern & Eisenberg, PC the back payments., late
charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may
call Stern ,& Fisenberg PC, telephone (215) 572-811 l .
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You :may also ask the Court to postpone the
sale for good cause.
J:\ivlichael Bell\Sales\CumberlandUohnston, Penny 3-12.docx
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page rwo on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling Stern & Eisenberg PC, telephone (215) 572-8111.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate, compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened you may call Stern & Eisenberg PC, telephone (215) 572.-8111.
4. if the amount due from the buyer is not paid to the Sheriff, you wil:f remain the o~:vner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and
the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict vou.
6. You may be entitled to a share of the money which was paid for your house. A Schedule of
distribution of the money bid for your house will be filed by the Sheriff on a date specified by
the Sheriff no later than 30 days after the sale date. This Schedule will state who will be
receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the date of filing of said schedule. You should check with the Sheriff's Office by
calling (717) 240-6390 to determine the actual date of fixing of said schedule.
7. You may also have other rights and defenses, or ways of getting your house bacl~:.. if you act
immediately after the sale.
YOU SHOiJLD TAKE THIS PAPER. TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 1701
800-990-9108
717-249-3166
J:\Ivlichael Bell\Sales\CumberlandUohnston, Penny 3-12.docx
STEVEN K. EISENBF_RG, Es~wIRE (75736)
KEVIN Y. DISKC.N, EsQI711u; (86727)
70SEPH K. RE~r_N~r, EsQuiRE (59621)
STERN & EISENBERG, PC
THE PAVILION
261 OLD YORK Ro,~, SUITE 410
JFNKINTOVVN, PENNSYLVA=NIA 19046
TELEPHONE. (7.15) 572-811.1
FACSIMILE: (215) 572-5025
(COITISELFOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF PENN~-YLVANIA
FOR CUMBERLAND COUNTY
Household Finance Consumer Discount
Company Civil Action: 11-14 Civil
v.
David L. Johnston and Penny L. Johnston
MORTGAGE FORECLOSURE
RE: PREMISES: 1073 Ouster Mill Road ,Camp Hill, PA
Dear Sir or Madam:
Please be advised that I represent the above creditor that has a judgment against the above
Defendant. As a result of a default, the above referenced. premises, also described on the
attached sheet, will be sold by the Sheriff of Cumberland. County on Wednesday, September 5,
2012 at 10:00 A.M. at Sheriffs Office, Cumberland Cow~ty Courthouse, Carlisle, P~ 1 7013
(subject to change without further notice).
The sale is being conducted pursuant to the judgment in the amount of $159,518.62 together with
interest, costs (and such other allowed amounts) thereon entered in the; above matter in favor of
Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I
have discovered that you may have a lien and/or interest in the premises to be sold. 'This notice
is given so that you can protect your interest, if any, in the lien you have on the prerrlises. If you
have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien,
we urge you to CONTACT YOUR ATTORNEY, as wee are not permitted to give }-ou legal
advia~.
A Schedule of distribution will be filed by the Sheriff on a date specified by the Shea•iff no later
than ~0 days after the sale date and the distribution will he made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days thereafter.
March 6, 2012
STE ~ISENBERG., PC
BY: -`'~~
TEVEN K. EISENB'~ERG, ESQUIRE
^ KEVIN P. DISKIN, ESQUIRE
^ JOSEPH K. REJENT, ESQUIRE
^ LEN M. GARZA, ESQUIRE
Attorney for Plaint
J:\Michael Bell\Sales\CumberlandUohnston, Penny 3-IZ.docx
ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the East side of a 33 foot wide public highway at the northwest corner of
lands now or formerly of Peter A. Seiler et ux. which point is also 229 feet, more or less, in a
northwesterly direction by the East side of said public highway from corner of lands now or fi~rmerly of
L.F. Walsh; thence in a northwesterly direction along the Fast side of the said public highway for a
distance of 121 feet, more or less, to a point at corner of lands now or formerly of William W. Webb;
thence in a northeasterly direction 68 degrees 30 minutes East 155 feet, plus or minus, along lands now or
formerly of William W. Webb to a point at the low water mark of the Conodoquinet Creek; thence in a
southeasterly direction along the several courses of the Conodoquinet Creel: 121 feet, more or less, to a
point at lands now or formerly of said Peter A. Seiler et ux; thence in a southwesterly direction 68 degrees
30 minutes Vest 155 feet, more or less, by lands of same to the point and place of BEGINNING,
BEING the same premises which Robert B. Ross, Single Individual, by Deed dated September 19, 2003
anal recorded September 23, 2003 in the Office of the Recorder of Deeds in and for Cumbea-land County
in Deed Book 259 Page 2157, as Instrument Number 2003-05256], granted and conveyed t.into Penny L.
Williams, Single Individual, in fee.
PARCEL N~ 09-17-'1040-010.
J:~Ivlichaei Bell\Sales\Cumbedand'Johnston, Penny 3-12.docx
«- WRIT OF EXECLJTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA} NO 11-14 Civil
C`OUT`iTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CU'VIBERLAND COUNTY:
To satisfy the df;bt, interest and costs due HOUSEHOLD FINANCE CIi1C Plaintiff (s)
From DAVID L. JOHNSTON & PENNY L. JOHNSTON
(1 You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(:_'~I You are also directed to attach the property of the defendant(s) not levied upon in the possession
o~`
GARIvIISHEE(S) as follows:
and to notify the gan~ishee(s) that: (a) an attachment has been issued; (bj 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 j or otherwise disposing thereof;
(_~) 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 gadded as a
garnishes: and is enjoined as above stated.
Amowit Due: 5159,518.62
L.L.: 5.50
Interest FROM 3/7/2012 AT THE PER DIEM RATE OF $:96.22
Atry's Comm: °ib Due Prothy: $2.25
Atty Paid: 5139.50 Other Costs:
Plainti:Ff Paid:
Date: .318/12
David D, ell, Prothon'
(Seal) By;
~ Deputy
E~EQUESTING PARTY:
'vame: STEVEN K. EISENBERG, ESQUIRE
Address: STERN &EISENBERG, PC
261 OLD YORK ROAD TRUE CQPY FROM RECORD
JENKINTOWN, PA 19046 In Testimony whereof, I here unto set n,y hand
and the jai of said Court at Canis e, Pa.
Attorney for: PLAINTIFF This _~f ,_day of ~p
Tclephone:215-572-3111 ~~~ ~ ~, 1 Prothonotary
Supreme Court ID No. 7573b ~ -~/~/y~~,`~',
On April 3, 2012 the Sheriff levied upon the defendant~~
interest in the real property situated in East ~ennsbor~~
Township, Cumberland County, A, known and
numbered 1073 Oyster I\/lill load, Camp I-fill, IAA :~~01
more fully described on Exhibit "A~` tiled with this writ
and by this reference incorporated herein.
Date: April 3, 2012
v
y ~ ~~~~ ~~~-~-~°~
B ~~
Claudia Brewbaker, Real Estate ~eordinatar
CUMBERLAND LAW JOURNAL
Writ No. 2011-14 Civil Term
Household Finance CDC
vs.
David L. Johnston
Penny L. Johnston
Atty,; Steven Eisenberg
All that certain Tract of land situ-
ate in the Township of East Penns-
boro, Cumberland County, Pennsyl-
vania, more particularly bounded
and described as follows, to wit:
BEGINNING at a point on the East
side of a 33 foot wide public highway
at the northwest comer of lands now
or formerly of Peter A. Seiler et ux.
which point is also 229 feet, more or
less, in a northwesterly direction by
the East side of said public highway
from comer of lands now or formerly
of L.F. Walsh; thence in a north-
westerly direction along the East
side of the said public highway for a
distance of 121 feet, more or less, to
a point at comer of lands now or for-
merly of William W. Webb; thence in
a northeasterly direction 68 degrees
30 minutes East 155 feet, plus or
minus, along lands now or formerly
of William W. Webb to a point at the
low water mark of the Conodoquinet
Creek; thence in a southeasterly
direction along the several courses
of the Conodoquinet Creek 121 feet,
more or less, to a point at lands now
or formerly of said Peter A. Seiler et
ux; thence in a southwesterly direc-
tion 68 degrees 30 minutes West 155
feet, more or less, by lands of same to
the point and place of BEGINNING.
BEING the same premises which
Robert B. Ross, Single Individual, by
Deed dated September 19, 2003 and
recorded September 23, 2003 in the
Office of the Recorder of Deeds in
and for Cumberland County in Deed
Book 259 Page 2157, as Instrument
Number 2003-052561, granted and
conveyed unto Penny L. Williams,
Single Individual, in fee,
PARCEL NO. 09-17-1040-010.
60
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), F'. L.l 784
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:
July 27, August 3, and August 10, 2012
Affiant further deposes that he is authorized to verify this statement by the C:'umberland
Law .iournal, a legal periodical of general circulation, and that he is not interested i.n 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.
~~~~ ~ ~
is• Marie Coyne, Edit
SWORN TO AND SUBSCRIBED before me this
10 day of August, 2012
Ilf J A ~;/
l ''~-L.C~"f~~~ ,L .,~'"-t Vii,
Notary ;•~`"
NC,TARIA! Si AL
DEBORAH A CO~LINS
No4ary PuGlic
CARLISLI: BOROUGH, CUMBERLAND C(lUN7Y
My Gammission Expires Apr 26, ~Ot 4
.~.r.,.........,,..v~,,.~~.M.,.~.,a....o......,~.~.,...~.:
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COLaNTY COURT HOUSE
CARLISLE
PA 17013
(the ~lahiot Neu-s
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proo# 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 estak~lished March 4th, 1854, and September 18th, 1949,
respectively, and ali 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.
PUBLICATION COPY
This ad ran on the date(s) shown below:
07/27!12
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Sworn tram su~scribec4 befor is 17; y of August, 2012 A. D
4~
Notary Public
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gFwfgFft, 1 t~:,~f 1, ., Q a~~-*C[' OF N: `,!CRIES
08/03/12
08/10/12
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
L Robert P. Ziegler, Recorder of Deeds in and for said County and State do herf;by certify that
the Sheriffls Deed in which Household Finance Consumer Discount Comri~anX is the grantee the same
having been sold to said grantee on the 5 day of September A.D., 2012, under and by virtue of a writ
Execution issued on the 8 day of March, A.D., 2012, out of the Court of Common Pleas of said County
as of Civil Term, 2011 Number 14, at the suit of Household Finance Consumer Discount C'ompanX
against David L. Johnston_ and Penny L. Johnston is duly recorded as Instrument Number 201232522.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this __~ ~ _day of
,,,_, A.D. ~> Q J
of Deeds
Recorder of Deeds CialSbedand Cotmty, Cad'~sle, PA
My t,,ormiission E~ires the Frsx Monday of Jan. 2014
f iY11~14 VRa
~1~
1Ys
lY
-~~
f~]y{,lthat 7hct of lead attwue m the
1V~1'lNYltp ~iiW~ [GY~VIll~1f 11.4f141C~
Cau~y, ~ p#rtjG118t1y
bounded earl dpn~ed etfdiutv6, to wit:
BEGII9NII+I~at a pC~S on the East
side of a 33 i3oa~t wide pult{ic Y
aYthe aorihsvest comer of leads taw or
formerly of Pete~A. Setlor et us whidr
point is also 229 feet, amore or , in a
northwesterly dira~rioa by the East aide of
said public highway from comer of laada
now of forn~ly of L.E VitaW-; thence in a
northweatg'ly diteetiaa atasg the 1?ast side
of the said pubGG h~way far a distance of
121 feet, more or less, to a paint at car
of lands now of formea~tof W.
Webb> themx is a Orly ditetxion
b8 degrets 30 minutes East 155 feet, plus
or minus, ataag tsads now or faamerly
of lYdtiam W. Webb to a point at dse bw
water mark atthe Conodoquinet Crse~
thence in a southeasterly won akmg
the several courses of the Coaodaquinet
Creek 121 fed, Hate ~ less, to s point
at lands nonP~totgsetly of s+idPetar A
Se~7er et u>~ thence in a southwesterly
direction 68 de~tOas 30 miR4st 155
feet, more or kee; bylanis o€a~te to the ~ -
pointand pltwaof HEe~G.
BEING the same p which Robert
B. Ross, Single Individual, by Deed
dated September 19, 2003 aadreoordad
September 23, 2003 the toe of the
Recorder of Doeds m andii~ Cumberland
County in Deed Book 154 Page 2157, as
Instrument Number 2003,()52561, granted
and conveyed lmte Penny L. Vi~tltiams.
Single Individual, in fee.
PARCEL N0.09-17-1040-010,