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HomeMy WebLinkAbout11-3980 -C, z m M ?D ?. C-) CD -I .ya McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank 1100 Wehrle Drive Williamsville, New York 14221 V. Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number I - sw C o 1 CIVIL ACTION/MORTGAGE FORECLOSURE ?d? 9a? ?y NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda X la notificacion. Hace falta asentar una comparencia edcrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is M&T Bank, duly organized and doing business at the above-captioned address. 2. The Defendant is Franklin W.T. Diegel, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 457 North Pitt Street, Carlisle, Pennsylvania 17013. 3. On December 13, 2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1977, Page 0805. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for M&T Mortgage Corporation to M&T Bank, by Assignment of Mortgage, to be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 457 North Pitt Street, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 71,079.94 Interest through April 1, 2011 $ 1,958.28 (Plus $10.73 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 106.85 Corporate Advance $ 192.50 Escrow Advance $ 285.65 NSF Fees $ 20.00 GRAND TOTAL $ 74,893.22 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $74,893.22, together with interest at the rate of $10.73 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY Christine L. Graham, Esqu e Attorney for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. B ChEsqui Attorney for Plaintiff M&T Bank v. Franklin W.T. Diegel 03/25/2011 03:42 7174865486 ACE PAGE 11/15 LEGAL AESC'RIP'.I'ION ALL TAUT CERTA N tract of hod with Immpravemsn i tharsoat erected *ute In so Filth Ward of the Borough of Cattisle, Cumberland Cowtty, Pennryt MCC, and bounded and described as Mews; ON the North by lot of ground vow or forma fy of End W. and Alta $. Went; an the East by an alley; on the SOOth Nor& Pitt by?tqf ground nor or formerly of the $ebta of George W. Riot; and on tk West by CONTADMG im flat to front on said Nortb M Street and eactendfog in depth at an even width a distance of 130 feet to tht said WUT ON the Ei1st. HAVIKG theeroea erected a 2 % story frame dw d ft WMM known and numbered as 457 North Pitt Street. BEING THE SAME PREffM which Marvla d. Dow and Kelly G. Diller, husband and w1k by lased dated October 16, 2002 and recorded October 21,202 in the 018oe of tits Recorder of Doeds in and for d County, Pe=Yl9anla, in Record Book 254, Page 911, granted and conveyed unto James J. GrUNtb& Parcel No.: 06-29-17%-296 Z Certi this to be recorded "I Cumbcdand County pA f Il j. Recorder of Deed, OKI977PS-0021 M&T BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANKLIN W.T. DIEGEL, DEFENDANT 11-3980 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2011, Plaintiff's motion to allow service on the Defendant pursuant to Pa.R.Civ.P. 430 is DENIED. The court finds, generally, that the affidavit accompanying the motion is insufficient evidence of concealment, and specifically finds that the failure to make adequate inquiry of relatives, neighbors, friends and employers of the Defendant, in light of the Sheriff's return which indicated the Defendant may be on active duty, does not justify the requested relief. By the Court, Albert H. Masland, J. / Terrence J. McCabe, Esquire M S arc . Weisberg, Esquire W , Edward D. Conway, Esquire P Mar aret Gairo Es i w? M - ° r } g , qu re r = For Plaintiff :saa -+~ r' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attor-yFfyr 81! 1 H 4PROTNONOTA"" 2011 AUG -8 AID 8: W+5 CU11BERLAND COUNTY PENNSYLVANIA M&T Bank Cumberland County Court of Common Pleas Plaintiff V. Franklin W.T. Diegel Defendant Number 11-3980 Civil MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Franklin W.T. Diegel, at his/her last-known address of 457 North Pitt Street, Carlisle, Pennsylvania 17013. The process server was not able to serve the Defendant because not found. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". 3. Plaintiff has performed an SCRA search, which shows the defendant is not on active duty. A true and correct copy of the SCRA search is attached hereto, made a part hereof as Exhibit "C". 4. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 5. The Honorable Albert H. Masland has ruled upon this matter on August 1, 2011. 6. No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 7. If service cannot be made on the Defendant, Franklin W.T. Diegel, the Plaintiff will be prejudiced. WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiffto serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff s Sale upon the Defendant Franklin W.T. Diegel, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 457 North Pitt Street, Carlisle, Pennsylvania 17013. (ZA,? TERR CE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Cumberland County Court of Common Pleas Franklin W.T. Diegel Number 11-3980 Civil MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. -- r TERR NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Cumberland County Court of Common Pleas Franklin W.T. Diegel Number 11-3980 Civil CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 5th day of August, 2011, upon the following: Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 TERR ' NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Rscr? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?o?,dtx of ?uu?bzr/a70 Jody S Smith Chief Deputy I °b Richard W Stewart Solicitor OFPCE OF Tr:E :EMFF M&TBank VS. Franklin W.T. Diegel Case Number 2011-3980 SHERIFF'S RETURN OF SERVICE 05/31/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Franklin W.T. Diegel, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Franklin W.T. Diegel. A neighbor of this residence, advised Deputies Franklin W.T. Diegel is thought to be on active duty with the military currently. SHERIFF COST: $51.00 SO ANSWERS, May 31, 2011 RON R ANDERSON, SHERIFF (r' CouwySAc, She-4k 7e+eosYt, In- Exhibit A Attorney Outsourcing Support Services, Inc. Suite 2040 123 S. Broad Street Philadelphia, PA 19109 (215) 790-5964 FAX (215) 320-5770 AFFIDAVIT OF GOOD FAITH INVESTIGATION SUBJECT OF INVESTIGATION: Diegel, Franklin CLIENT: McCabe, Weisberg and Conway, P.C. FILE #: Z6 n MATTER #: 11-4651 AOSS FILE#: 11-4651 SUBJECT'S LAST-KNOWN ADDRESS: 457 North Pitt Street Carlisle, PA 17013 I, Ernest Caldwell, being duly sworn according to law, depose and say that Attorney Outsourcing Support Services, Inc. completed a good faith investigation into the whereabouts of the above-named subject and the extent of the investigation and the results are as follows: INQUIRY OF POSTAL AUTHORITY: Postal authority states address is good as addressed. 2. INQUIRY OF LOCAL TELEPHONE COMPANY; Directory Assistance: Directory assistance had no listing for the subject. txhlbit ? Page 2 investigation of Diegel. Franklin continued: (subject name) INTERNET SEARCH: Search shows no address for the subject. 4. DEATH RECORDS: Social Security has no death record for the subject. LOCAL TAX RECORD INQUIRY: After inquiry, I was unable to confirm a mailing address for the above stated last-known address. INQUIRY OF COUNTY VOTER REGISTRATION: After inquiry, I was unable to confirm a listing with the County Voters Registration Office for this subject. Page 3 Investigation of DieQel. Franklin continued: (subject name) INQUIRY OF NEIGHBORS: I was unable to identify any neighbors who could verify any further information. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge, information, and belief. BY: {nature NAME: Ernest Caldwell Print TITLE: Location S/ 1211' t DATE: Notary Public: Sworn to and subscribed before me this _ day of - Q, /2011 "V ref 1 ?? _? COMMONW ALTM OFF PENNSY VANIA NOTARIAL. SEAL Maleekah Wiltbanks-Notary Public City of Philadelphia, Phiiadelpilia County MY COMMISSION EXPIRES APR. 00, 2015 Postmaster Date July 8. 2011 Carlisle. PA 17013 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Diepel. Franklin Address: 457 North Pitt Street Carlisle PA 17013 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6xii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or party acting pro se - except a corporation acting pro se must cite statute): Not annlicable Requester is an attorney 3. The names of all known parties to the litigation: v. Dieeel. Franklin 4. The court in which the case has been or will be heard: Cumberland. PA 5. The docket or other identifying number if one has been issued: NO: 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10.000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). PLEASE PROVIDE THE CORRECT ADDRESS FOR THE DEFENDANT. I certify that the above information is true and that the address information is needed and will be used solely for service of legal process inncconnection with actual or prospective litigation. 123 S. Broad Street. Suite 2050 Signature Address Ernest Caldwell, AOSS Philadelt)hia. PA 19109 Printed Name City, State, ZIP Code FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address. i?s No such address. Good As Addressed NEW ADDRESS or BOXHOLDER'S NAME and PHYSICAL STREET ADDRESS 11-4651 Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-08-2011 12:27:47 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency DIEGEL FRANKLIN Based on the information you have furnished, the DMDC does not possess 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). ohk? 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 littp://www.defenselink.mil/fag/pis/PC09SLDR.Iltml. 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. Exhibit C https://www.dmde.osd.mil/appj/scra/popreport.do 6/8/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:RPMRAII3VG8 https://www.dmdc.osd.mil/appj/scra/popreport.do 6/8/2011 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Franklin W.T. Diegel Attorneys for Plaintiff Cumberland County Court of Common Pleas Plumber 11-3980 Civil - - rn cr :z --I. M `r -r; r t` 42 -r, ? 3c - ? . - ca ORDER AND NOW, this day of W/-1'-'--,2011, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Franklin W.T. Diegel, by regular mail and by certified mail, return receipt requested, to his/her last known address of 457 North Pitt Street, Carlisle, Pennsylvania 17013, and by posting the mortgaged premises of 457 North Pitt Street, Carlisle, Pennsylvania 17013. BY THE COURT: J. e5?1? - I?•ta?e. S. Wet 8/,0/ arb s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF? FILED-OFFICE G,_ THE PROTHO"NOTh RY 2011 SEP - I AM 9: 41 CUMBERLAND COUNTY PENNSYLVANIA M & T Bank Case Number vs. Franklin W.T. Diegel 2011-3980 SHERIFF'S RETURN OF SERVICE 08/25/2011 08:56 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 2056 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Franklin W.T. Diegel, pursuant to order of court by o ting the premises located at 457 N. Pitt Street, Carlisle, Cumberland County, PennsylvaniaA7013 ith true and correct copy according to law. ( 1 /7 M ,DEPUTY SHERIFF COST: $40.00 August 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 M&T Bank Plaintiff V. Franklin W.T. Diegel Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-3980 Civil ;'ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: c_ D © T.i Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 04/02/11 to 10/04/11 $ 74,893.22 $ 1,995.78 Total $ 76,889.00 Ter nce J. cCabe, Esquire MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorney for Plaintiff 04*1 a 14,00 Pd alt>,? ?? k ? 1 Sloo(? ? ?65(?0to V1&J6*((\ MCI . vDA AND NOW, this _ b day of V64J?' 2011, Judgment is entered in favor of Plaintiff, M&T Bank, and against Defendant, Franklin W.T. Diegel, and damages are assessed in the amount of $76,889.00, plus interest and costs. BY TaPHO"Ns, ARY ?? ?. ? 4 ,. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank i Plaintiff F V. Franklin W.T. Diegel Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-3980 Civil Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH'. OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Franklin W.T. Diegel, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Franklin W.T. Diegel, is over eighteen (18) years of age, and reside as follows: Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania` 17013 SWORN AND SUB OF NOTARIAL "9LAL larberaJ. Mayer-Notary Public ?y d p "W. Plib"011 l C40* cr,ywSSM EXRRES M. 12, 2014 T rrenc . McCabe, Esquire MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank I Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Franklin W.T. Diegel Number 11-3980 Civil Defendant AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 SWORN AND SUBSW BEFO ME THIS Y OF 20 40TARY PUBLIC,/ ` OMMONWEA!TH - 1 ENNSYLVANIA NOTARIAL SAL 9arbara J. T,Ioyer-Notary Public w of Phiia^ '^ a e!phia r,0unty 1272111 4C Terrence . McCabe, Esquire MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Franklin W.T. Diegel, Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-3980 Civil CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of,Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBS BEFO ME T IS Y OF (.,ef .20LI-, TARY PUBLIC !gMM13NWEA1 H ?PlNEYLVAN ;NOTARIAL SEAL, i Barbara J. Nlcyer- Notary Public CRY Of Philadelphia, Philadelphia Couety MY COMMISSION EXPIRES JAN. 12, 2014 Terren J. McCabe, Esquire MAR S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorney for Plaintiff ?1 VERIFICATION The undersigned attorney hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. Terrenf Cabe, Esquire A MARC BERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorney for Plaintiff . 11 OFFICE OF THE PROTHONOTARY /rV COURT OF COMMON PLEAS _ Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary September 16, 2011 TO: Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 M&T Bank Cumberland County vs. Court of Common Pleas Franklin W.T. Diegel Number 11-3980 Civil NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITINO 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 AHEARINGAND YOUMAYLOSEYOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOTAFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ,I Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013'. (800) 990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRBUNAL SUS DEFENSES U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DMZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALOUNA,DICfAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DmE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. St USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OPICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOOADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGBLES FN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 BY: Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE emm. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 11-3980 Civil Civil Term M&T Bank v. AMOUNT DUE: $76,889.00 r `-= Franklin W.T. Diegel INTEREST: from 10105111 $1,959.20 at $12.64 ATTY'S COMM.: ?- COSTS: -?° ?- TO THE PROTHONOTARY OF 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. PRAECIPE FOR EXECUTION Issue writ or 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) 457 North Pitt Street. Carlisle, Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: October 13. 2011 w}?.? Ltp,CY) q a. co << uu.oD 1A K ('7.OC> 4 4 a, Sou ? Signature/ Print Name: Terrence J. McCabe, Esquire Firm: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 W , t+ 6? i ? .-Rc'Gf_d LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and bounded and described as follows: ON the North by lot of ground now or formerly of Earl W. and Alta B. Wert; on the East by an alley; on the South by lot of ground now or formerly of the Estate of George W. Rinesmith; and on the West by North Pitt Street. Containing 15.8 feet in front on said North Pine Street and extending in depth at an even width a distance of 130 feet to said alley on the East. Having thereon erected a 2 '/2 story frame dwelling house known and numbered as 457 N. Pitt Street. BEING 457 North Pitt Street, Carlisle, Pennsylvania 17013. BEING the same premises which MARVIN J. DILLER AND KELLY G. DILLER, HUSBAND AND WIFE by deed dated October 16, 2002 and recorded December 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 278, Page 433, granted and conveyed to Franklin W.T. Diegel, a married man, in fee. TAX MAP PARCEL NUMBER: 06-20-1798-296 f I McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff V. Franklin W.T. Diegel Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-3980 Civil AFFIDAVIT PURSUANT TO RULE 3129 C--) _ TG` The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 457 North Pitt Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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: Name Address Tenants/Occupants 457 North Pitt Street Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None 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 A'?/? October 13, 2011 errence I McCabe, Esquire DATE Attorney for Plaintiff LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and bounded and described as follows: ON the North by lot of ground now or formerly of Earl W. and Alta B. Wert; on the East by an alley; on the South by lot of ground now or formerly of the Estate of George W. Rinesmith; and on the West by North Pitt Street. Containing 15.8 feet in front on said North Pine Street and extending in depth at an even width a distance of 130 feet to said alley on the East. Having thereon erected a 2 % story frame dwelling house known and numbered as 457 N. Pitt Street. BEING 457 North Pitt Street, Carlisle, Pennsylvania 17013. BEING the same premises which MARVIN J. DILLER AND KELLY G. DILLER, HUSBAND AND WIFE by deed dated October 16, 2002 and recorded December 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 278, Page 433, granted and conveyed to Franklin W.T. Diegel, a married man, in fee. TAX MAP PARCEL NUMBER: 06-20-1798-296 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff Franklin W.T. Diegel V. Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-3980 Civil 1 7- CD AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 SWORN OF if/ ( A47;;t --, . 201 Y PUBLIC 12,2.014 errence J. McCabe, Esquire Attorney for Plaintiff r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-101.0 CIVIL ACTION LAW M&T Bank V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Franklin W.T. Diegel Number 11-3980 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 CD C) Your house (real estate) at 457 North Pitt Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on March 7, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $76,889.00 obtained by M&T Bank 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: The sale will be canceled if you pay to M&T Bank the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. You may also be able to stop the sale through other legal proceedings. Attorneys for Plaintiff 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 the following notice 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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. 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. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate 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, 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ? w ALL that certain tract of land with improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and bounded and described as follows: ON the North by lot of ground now or formerly of Earl W. and Alta B. Wert; on the East by an alley; on the South by lot of ground now or formerly of the Estate of George W. Rinesmith; and on the West by North Pitt Street. Containing 15.8 feet in front on said North Pine Street and extending in depth at an even width a distance of 130 feet to said alley on the East. Having thereon erected a 2 '/2 story frame dwelling house known and numbered as 457 N. Pitt Street. BEING 457 North Pitt Street, Carlisle, Pennsylvania 17013. BEING the same premises which MARVIN J. DILLER AND KELLY G. DILLER, HUSBAND AND WIFE by deed dated October 16, 2002 and recorded December 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 278, Page 433, granted and conveyed to Franklin W.T. Diegel, a married man, in fee. TAX MAP PARCEL NUMBER: 06-20-1798-296 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3980 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK Plaintiff (s) From FRANKLIN W.T. DIEGEL (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: $76,889.00 L.L.: $.50 Interest froml0/05/2011 - $1,959.20 at $12.64 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $233.50 Other Costs: Plaintiff Paid: Date: October 19, 2011 (Sea!) avid D. B ell, Prothonotary By: Deputy REQUESTING PARTY: Name: TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff V. Franklin W.T. Diegel Defendant :7 71 "iii il,%. AiEtrnys?t?or Pllaintiffi 2: 10 Cumberland County Court of Common Pleas Number 11-3980 Civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA Undersigned, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff, That on January 11, 2012, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Franklin W.T. Diegel, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last-known address of 457 North Pitt Street, Carlisle, Pennsylvania 17013. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". That on December 29, 2011, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Franklin W.T. Diegel, by posting the same at the mortgaged premises of 457 North Pitt Street, Carlisle, Pennsylvania 17013. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". McCabe, Weisberg and Conway, P.C. 14 T rrence J McCabe, Esquire Marc S. Weisberg, Esquire Edward D. Conway, Esquire Margaret Gairo, Esquire Andrew L. Markowitz, Esquire Heidi R. Spivak, Esquire Marisa J. Cohen, Esquire Kevin T. McQuail, Esquire Christine L. Graham, eSquire Brian T. LaManna, Esquire Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS C4 DAY OFi 2012 NOTARY PUBLIC , COMMONWEALTH OF PENNSYLVANIA NLA?Manda TARIAL SEAL M. Cappelletti .Notary public iladelphia, Philadelphia County ISSION ExPIRES OCT. 2i3, 2015 McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 X215) 790-1010 M&T Bank Cumberland County Court of Common Pleas Plaintiff V. Franklin W.T. Diegel Defendant Number 11-3980 Civil ORDER AND NOW, this 0 day of 14a+X ' , 2011, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Franklin W.T. Diegel, by regular mail and by certified mail, return receipt requested, to his/her last known address of 457 North Pitt Street, Carlisle, Pennsylvania 17013, and by posting the mortgaged premises of 457 North Pitt Street, Carlisle, Pennsylvania 17013. BY THE COURT: /s A J. y G ? O O a? ro? M N ro q 'n L? f P ? "D ?y A A m ? ? 'C3 ?p ^I A R 1 ? C7 9 @ c?"m ?°k k 0 8?3 S "tl rp °4' E 8 k gg Y v w ? ? N •7 y{ C_? N F 1(2, 1N 1-r- W ? v. 0 d f0 tl? b .-z G cra O ? W ? G CD ° ° p cao 'I W R J ? ? ? Q ?h + ?/ ? r a 8 ? tau v O p ?w ? 2 C? w o R a ro ? ? ? rv ?- S C. d O w m P' ? o p ti n v SD U.S . Post al Ser vices,, CE RTIF IED MAIL R ECEIF ,,, (Do mestic M ail Only ; No insuran ce Covera± u For d elivery inf ormatio n visit our weB stta at wwu p Pofiifl?e $ ... ?) ?._..«... r? Cortitied Fee C3 p Return Receipt Fee (Endorsement Requ red) _° Postmark Hare p p Restricted Defivery Fee (Endorsement Required) Ti?Ynl Poetsga A Fees ?`? ? ?urrfta......_.... .__ - _... ..._ _..__ L-1 IL SUr.e?7 Apt. Nu 1 or PD Box No r1 / i ! ? t ?._. .'_. _ Crty, Stete, 21t +d ?.' .__..__, 4 f?. ?e, ? r ? _._... ._........ ..............?_ /?l /S 1 1 ?????? Maur, 1. 20 12 5:17PM No. 3910 P. 2/2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor '4' 'Y,• M l Y QFFICE QF THE SSi[RIFF M & T Bank vs. Case Number Franklin W.T. Diegel 2011-3980 SHERIFF'S RETURN OF SERVICE 12/29/2011 08:02 PM - Deputy Shawn Gutshall, 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 457 North Pitt Street, Carlisle, Cumberland County, PA 17013. 12/29/2011 08:02 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Franklin W,T. Diegel, pursuant to Order of Court by "Posting" the premises located at 457 N. Pitt Street, Carlisle Borough, Carlisle, Cumberland County, PA 17013, with a true and correct copy according to law SHERIFF COST: $1,142.58 March 01, 2012 SO ANSWERS, 6? -P 21 RON R ANDERSON, SHERIFF K,Co nly&AcSnrmf. Twosm, Inc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor n;> 2ud? APR 26 AM 6: CUMBERLAND CO/EjNT { ENNS YLYr,'iN1A M & T Bank vs. Franklin W.T. Diegel Case Number 2011-3980 SHERIFF'S RETURN OF SERVICE 12/29/2011 08:02 PM - Deputy Shawn Gutshall, 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 457 North Pitt Street, Carlisle, Cumberland County, PA 17013. 12/29/2011 08:02 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Franklin W.T. Diegel, pursuant to Order of Court by "Posting" the premises located at 457 N. Pitt Street, Carlisle Borough, Carlisle, Cumberland County, PA 17013, with a true and correct copy according to law. 03/27/2012 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, Cumberland County, Pennsylvania on March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Terrance J. McCabe, on behalf of M&T Bank at 1100 Wehrle Drive, Williamsville, HY 14221. M&T Bank, being the buyer in this execution, paid to the Sheriff the sum of $811.09. 03/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is STAYED. SHERIFF COST: $811.09 March 27, 2012 SO ANSWERS, RONNY- R ANDERSON, SHERIFF &A- Do ?"4, a . ??y a SS SHERIFF'S OFFICE OF CUMBERLAND COUNTY LED OF IC?F F I r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 M&T Bank Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. I NO: 11-3980 Civil Franklin W.T. Diegel Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 457 North Pitt Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Franklin W.T. Diegel 457 North Pitt Street Carlisle, Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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: Name Address Tenants/Occupants 457 North Pitt Street Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8'h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 V United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to October 13, 2011 errence I McCabe, Esquire DATE Attorney for Plaintiff I LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and bounded and described as follows: ON the North by lot of ground now or formerly of Earl W. and Alta B. Wert; on the East by an alley; on the South by lot of ground now or formerly of the Estate of George W. Rinesmith; and on the West by North Pitt Street. Containing 15.8 feet in front on said North Pine Street and extending in depth at an even width a distance of 130 feet to said alley on the East. Having thereon erected a 2 '/2 story frame dwelling house known and numbered as 457 N. Pitt Street. BEING 457 North Pitt Street, Carlisle, Pennsylvania 17013. BEING the same premises which MARVIN J. DILLER AND KELLY G. DILLER, HUSBAND AND WIFE by deed dated October 16, 2002 and recorded December 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 278, Page 433, granted and conveyed to Franklin W.T. Diegel, a married man, in fee. TAX MAP PARCEL NUMBER: 06-20-1798-296 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3980 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK Plaintiff (s) From FRANKLIN W.T. DIEGEL (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: $76,889.00 L.L.: $.50 Interest froml0/05/2011 - $1,959.20 at $12.64 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $233.50 Other Costs: Plaintiff Paid: Date: October 19, 2011 (Seal) By: Deputy REQUES T ING PARTY: Name: TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 avid D. B ell, Prothonotary TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa.. This day of _,12[x. 2010 Prothonotary On October 27, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered 457 North Pitt Street, Carlisle, Pennsylvania, 17013 more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 27, 2011 By: a4r:?:? For Claudia Brewbaker, Real Estate Coordinator _ !s c.t? ?,"!+i 7401 CUMBERLAND LAW JOURNAL Writ No. 2011-3950 Civil Term M&T Bank VS. Franklin W.T. Diegel Atty.: Terrence J. McCabe ALL that certain tract of land with improvements thereon erected situ- ate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and bounded and described as follows: ON the North by lot of ground now or formerly of Earl W. and Alta B. Wert; on the East by an alley; on the South by lot of ground now or formerly of the Estate of George W. Rinesmith; and on the West by North Pitt Street. Containing 15.8 feet in front on said North Pine Street and extending in depth at an even width a distance of 130 feet to said alley on the East. Having thereon erected a 2 1/2 story frame dwelling house known and numbered as 457 N. Pitt Street. BEING 457 North Pitt Street, Car- lisle, Pennsylvania 17013. BEING the same premises which MARVIN J. DILLER AND KELLY G. DILLER, HUSBAND AND WIFE by deed dated October 16, 2002 and recorded December 21, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 278, Page 433, granted and conveyed to Franklin W.T. Diegel, a married man, in fee. TAX MAP PARCEL NUMBER: 06 20 1798 296. 32 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this da of February, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public [CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2B, 2014 ' The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4fPatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 02/03/12 02/10/12 Sworn to and sub I Jbe ore me this 4 day f F rilary, 2012 A.D. Notary Public ' COMMONWEALTH OF PENNSYLVANIA i Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commiesion EVres Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSoaATION OF NOTARIES 2011-3980 Chdi Term M&T Bank VS Franklin W.T. Dlegel Atty. Terrence J. McCabe ALL that certain tract of land with improvements thereon erected situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, and bounded and described as follows: ON the North by lot of ground now or formerly of Earl W. and Alta B. Wert; on the East by an alley; on the South by lot of ,round now or formerly of the Estate of ;eorge W. Rinesmith; and on the West by iorth Pitt Street. Containing 15.8 feet in front on said North Pine Street and extending in depth at an even width a distance of 130 feet to said alley on the East. Having thereon erected a 2'/2 story frame dwelling house known and numbered as 457 N. Pitt Street. BEING 457 North Pitt Street, Carlisle, Pennsylvania 17013. e B ING the same premises which J. DILLE R AND KELLYD HUSBAND AND WIFE` Fda u October 16, 2002 and recorded Wcember 21, 2006 in the office of the R. ;order in and for Cumberland County in Deed Book 278, Page 433, granted and conveyed to Franklin W.T. Diegel, a married man, in fee. TAX MAP PARCEL NUMBER: 06 20 1798296 eha Patriot-Nirws Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 01/27/12 Sheriff Sale 3980 5.84 $12.00 $ 70.08 02/03/12 Sheriff Sale 3980 5.84 $12.00 $ 70.08 02/10/12 Sheriff Sale 3980 5.84 $12.00 $ 70.08 Notary Fee TOTAL DUE FOR THIS SALE: $5.00 $ 215.24 JLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M&T Bank is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 19 day of October, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 3980, at the suit of M&T Bank against Franklin W.T. Diesel is duly recorded as Instrument Number 201211999. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of CL ^ , A.D. 5? Recorder of Deeds ,ecorder of Deeds, Cumberland County, Carlisle, PA My Conunission Expires the First Monday of Jan. 2014