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HomeMy WebLinkAbout11-4571FILED-Of 1 IL,--.- GF TIKE PROTHO OYir-,RY 2011 MAY 25 AM 11: 55 CUPENNSYLVAN A TY 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. Julia M. Rillo 228 North College Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number //- V5?71 CIVIL ACTION/MORTGAGE FORECLOSURE Nyd # # 1? 0 C? ? 395 7 V 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 OFFERLEGAL 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 y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las 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 provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para 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 Julia M. Rillo, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 228 North College Street, Carlisle, Pennsylvania 17013. 3. On December 3, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for M&T Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument # 200745220. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for M&T Bank to M&T Bank, by Assignment of Mortgage, which will 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 228 North College Street, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 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 $ 115,090.39 Interest through May 1, 2011 $ 3,239.82 (Plus $17.75 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 394.00 Corporate Advance $ 168.50 Escrow Advance $ 1,279.96 NSF Fees $ 60.00 GRAND TOTAL $ 121,482.67 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 $121,482.67, together with interest at the rate of $17.75 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND COWA ;P.C. BY: Attorney for 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. M&T Bank v. Julia M. Rillo stewart • title guaranty company Exhibit SCHEDULE A (continued) File No. 5100-701 Commitment No. S100-701 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate on the Northwestern side of North College Street, Borough of Carlisle, Cumberland County, Pennsylvania, being more fully bounded and described in accordance with a plan of survey by Stephen G. Fisher, Registered Surveyor, dated November 16, 1978 and bearing drawing No. 78A198, as follows, to wit: BEGINNING at an existing iron pin on the Northwestern side of North College Street, and a corner of property now or formerly of Walter H. Nichols; thence extending along North College Street, South 06 degrees 00 minutes West, 25.00 feet to a point on concrete at a corner of property now or formerly of Paul H. Devenny; thence extending along land of same, North 84 degrees 00 minutes West 151.72 feet to a railroad spike set on the Southeastern side of 20.00 feet wide alley; thence extending along same North 06 degrees 00 minutes East, 25.00 feet to an existing railroad spike at a corner of property now or formerly of Walter H. Nichols, aforesaid; thence extending along line of same, South 84 degrees 00 minutes East, 151.72 feet to an existing iron pin on the Northwestern side of North College Street, the first mentioned pin and place of BEGINNING. ALTA Commitment f Schedule A (continued) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L011111ir of clullb, 1,1144 FILED-OFFICE 2011 11PI -7 AM 10: 28 0'jh38ER A17%2 COAT Y PENNSYLVANIA M&TBank I vs. Julia M. Rillo Case Number 2011-4571 SHERIFF'S RETURN OF SERVICE 05/27/2011 02:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 27, 2011 at 1455 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Julia M. Rillo, by making known unto Jason Turner, Fiance of Defendant at 228 N. College Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 May 31, 2011 ROB RT SO ANSWERS, RON R ANDERSON, SHERIFF ic; Co.¢iiySuite She,,ft. 7e:eosoft frc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-4571 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M &T BANK Plaintiff (s) From JULIA M. RILLO (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: $126,239.67 L.L.: $.50 Interest FROM 1/25/12 - $4,657.50 AT $20.70 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $173.50 Other Costs: Plaintiff Paid: Date: 4/2/12 David D. Buell, Prothonotary (Seal) D o Deputy REQUESTING: PARTY: Name: KEVIN T. MCQUAIL, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADEPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 11-4571 civil Civil Term M&T Bank AMOUNT DUE: $126,239.67 Julia M. Rillo INTEREST: from 01/25/12 $4,657.50 at $20.70 ATTY'S COMM.: COSTS: =11? APIR --2 Art 11: 19 ?''J-'IBERLAND COUtjyy PENNSYLVANIA 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) 228 North College 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: 3 h-9 r at S? _111? so 0 rr c1 e2. ©U ti 5 p „ cr °a so « H Signature: Print Name: TERRENCE J. McCABE, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff 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. s. "go LL_ Ct?! ?lo3?ra ?41 a?3as9 Wa or PL'_T'TtMc1 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FULLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY STEPHEN G. FISHER, REGISTERED SURVEYOR, DATED NOVEMBER 16, 1978 AND BEARING DRAWING NO. 78A198, AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, AND A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS; THENCE EXTENDING ALONG NORTH COLLEGE STREET, SOUTH 06 DEGREES 00 MINUTES WEST, 25.00 FEET TO A POINT ON CONCRETE AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL H. DEVENNY; THENCE EXTENDING ALONG LAND OF SAME, NORTH 84 DEGREES 00 MINUTES WEST 151.72 FEET TO A RAILROAD SPIKE SET ON THE SOUTHEASTERN SIDE OF 20.00 FEET WIDE ALLEY; THENCE EXTENDING ALONG SAME NORTH 06 DEGREES 00 MINUTES EAST, 25.00 FEET TO AN EXISTING RAILROAD SPIKE AT A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS, AFORESAID; THENCE EXTENDING ALONG LINE OF SAME, SOUTH 84 DEGREES 00 MINUTES EAST, 151.72 FEET TO AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, THE FIRST MENTIONED PIN AND PLACE OF BEGINNING. RB5678 228 North College Street, Carlisle, Pennsylvania 17013. BEING the same premises which RONALD H. KENNEDY AND LORRAINE R. KENNEDY, HUSBAND AND WIFE by deed dated December 3, 2007 and recorded December 5, 2007 in the office of the Recorder in and for Cumberland County in Deed Instrument # 200745219, granted and conveyed to Julia M. Rillo in fee. TAX MAP PARCEL NUMBER: 05-20-1798-200 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 01 c1 17q11-1 m n Attorneys for Plaintifft - ?1fi't- Z` 1?f. 1??".?' r -2 A41111 { 9 ::T,iBP-RLAhD, COUNT' T'i4SYL't"d14 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4571 civil 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: 228 North College 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. Name and address of Owner or Reputed Owner Name Julia M. Rillo Address 228 North College Street Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Julia M. Rillo Address 228 North College 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 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 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 228 North College 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 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. 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. March 27, 2012 DATE TE NCE J. MCCABE, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FULLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY STEPHEN G. FISHER, REGISTERED SURVEYOR, DATED NOVEMBER 16, 1978 AND BEARING DRAWING NO. 78A198, AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, AND A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS; THENCE EXTENDING ALONG NORTH COLLEGE STREET, SOUTH 06 DEGREES 00 MINUTES WEST, 25.00 FEET TO A POINT ON CONCRETE AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL H. DEVENNY; THENCE EXTENDING ALONG LAND OF SAME, NORTH 84 DEGREES 00 MINUTES WEST 151.72 FEET TO A RAILROAD SPIKE SET ON THE SOUTHEASTERN SIDE OF 20.00 FEET WIDE ALLEY; THENCE EXTENDING ALONG SAME NORTH 06 DEGREES 00 MINUTES EAST, 25.00 FEET TO AN EXISTING RAILROAD SPIKE AT A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS, AFORESAID; THENCE EXTENDING ALONG LINE OF SAME, SOUTH 84 DEGREES 00 MINUTES EAST, 151.72 FEET TO AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, THE FIRST MENTIONED PIN AND PLACE OF BEGINNING. RB5678 228 North College Street, Carlisle, Pennsylvania 17013. BEING the same premises which RONALD H. KENNEDY AND LORRAINE R. KENNEDY, HUSBAND AND WIFE by deed dated December 3, 2007 and recorded December 5, 2007 in the office of the Recorder in and for Cumberland County in Deed Instrument # 200745219, granted and conveyed to Julia M. Rillo in fee. TAX MAP PARCEL NUMBER: 05-20-1798-200 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 Attorneys for Plaintiff 10 ur RLAilD C0U;N i Y P17N11SY`` A 1A CIVIL ACTION LAW M&T Bank V. Julia M. Rillo COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4571 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Julia M. Rillo 228 North College Street Carlisle, Pennsylvania 17013 Your house (real estate) at 228 North College Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 5, 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 $126,239.67 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. 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 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. 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 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. 7. 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 ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FULLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY STEPHEN G. FISHER, REGISTERED SURVEYOR, DATED NOVEMBER 16, 1978 AND BEARING DRAWING NO. 78A198, AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, AND A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS; THENCE EXTENDING ALONG NORTH COLLEGE STREET, SOUTH 06 DEGREES 00 MINUTES WEST, 25.00 FEET TO A POINT ON CONCRETE AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL H. DEVENNY; THENCE EXTENDING ALONG LAND OF SAME, NORTH 84 DEGREES 00 MINUTES WEST 151.72 FEET TO A RAILROAD SPIKE SET ON THE SOUTHEASTERN SIDE OF 20.00 FEET WIDE ALLEY; THENCE EXTENDING ALONG SAME NORTH 06 DEGREES 00 MINUTES EAST, 25.00 FEET TO AN EXISTING RAILROAD SPIKE AT A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS, AFORESAID; THENCE EXTENDING ALONG LINE OF SAME, SOUTH 84 DEGREES 00 MINUTES EAST, 151.72 FEET TO AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, THE FIRST MENTIONED PIN AND PLACE OF BEGINNING. RB5678 228 North College Street, Carlisle, Pennsylvania 17013. BEING the same premises which RONALD H. KENNEDY AND LORRAINE R. KENNEDY, HUSBAND AND WIFE by deed dated December 3, 2007 and recorded December 5, 2007 in the office of the Recorder in and for Cumberland County in Deed Instrument # 200745219, granted and conveyed to Julia M. Rillo in fee. TAX MAP PARCEL NUMBER: 05-20-1798-200 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 CIVIL ACTION LAW M&T Bank COURT OF COMMON PLEAS V. Julia M. Rillo CUMBERLAND COUNTY Number 11-4571 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Julia M. Rillo 228 North College Street Carlisle, Pennsylvania 17013 Your house (real estate) at 228 North College Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 5, 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 courtjudgment of $126,239.67 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. 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. 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. 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 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. 7. 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 i LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FULLY BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY STEPHEN G. FISHER, REGISTERED SURVEYOR, DATED NOVEMBER 16, 1978 AND BEARING DRAWING NO. 78A 198, AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, AND A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS; THENCE EXTENDING ALONG NORTH COLLEGE STREET, SOUTH 06 DEGREES 00 MINUTES WEST, 25.00 FEET TO A POINT ON CONCRETE AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL H. DEVENNY; THENCE EXTENDING ALONG LAND OF SAME, NORTH 84 DEGREES 00 MINUTES WEST 151.72 FEET TO A RAILROAD SPIKE SET ON THE SOUTHEASTERN SIDE OF 20.00 FEET WIDE ALLEY; THENCE EXTENDING ALONG SAME NORTH 06 DEGREES 00 MINUTES EAST, 25.00 FEET TO AN EXISTING RAILROAD SPIKE AT A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS, AFORESAID; THENCE EXTENDING ALONG LINE OF SAME, SOUTH 84 DEGREES 00 MINUTES EAST, 151.72 FEET TO AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, THE FIRST MENTIONED PIN AND PLACE OF BEGINNING. RB5678 228 North College Street, Carlisle, Pennsylvania 17013. BEING the same premises which RONALD H. KENNEDY AND LORRAINE R. KENNEDY, HUSBAND AND WIFE by deed dated December 3, 2007 and recorded December 5, 2007 in the office of the Recorder in and for Cumberland County in Deed Instrument # 200745219, granted and conveyed to Julia M. Rillo in fee. TAX MAP PARCEL NUMBER: 05-20-1798-200 1 1!A-u-UP r 1t,: PROTHONOTA ', i McCABE, WEISBERG & CONWAY, P.C. 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 M&T Bank Plaintiff V. Julia M. Rillo Defendant 1012 JUL 2 3 PM 3= 5 5 CUMBERLAND COV rT}v for PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 11-4571 civil AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 10th day of 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSC ED BEFO THIS DAY OF n r[ / .. 2012 NOTARY PUBLIC Mw -oar !jrT . N®T'AE„ t 9 AL Barbara J. i-Pd&iary Pal;c City of PhilaMp;1ia, Philadsiphia COW,, iMy COMMIS&ON EXPIRES JAN. l2,2014! McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: TERRENCE &af-i cCA BE, ESQUIRE - ID # 16496 MARC S. W ERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 I MCCABE, WEISBERG & CONWAY, P.C. 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 M&T Bank Plaintiff V. Julia M. Rillo Defendant Attorney for CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 11-4571 civil AMENDED 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 228 North College 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 is attached hereto. 1. Name and address of Owner or Reputed Owner 2 3 4. 5. Name Address Julia M. Rillo 228 North College Street Carlisle, Pennsylvania 17013 Name and address of Defendant in the judgment: Name Address Julia M. Rillo 228 North College Street Carlisle, Pennsylvania 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Address Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may affected by the sale: Name None Address Name and address of every other person of whom the plaintiff has knowledge who has any in the property which may be affected by the sale: Name Address Tenants/Occupants 228 North College 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 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section 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 Cumberland County 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 P.O. Box 320 Carlisle, PA 17013 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, Rm. 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept. of Justice, Rm. 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 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. McCABE, WEISBERG & CONWAY, P.C. July 10, 2012 Attorneys for Plaintiff DATE By: I&k TERR NCE . McCABE, ESQUIRE MARC S. W ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 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 V. Julia M. Rillo Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4571 civil DATE: July 10, 2012 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Julia M. Rillo PROPERTY: 228 North College Street, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 5, 2012 at 10:00 a.m. in Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens o and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) da; after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. 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O I a,?aa Yz E U ? .ti N M R ? a0 Y Mt zx?a,d ? b h 00 y 7 O C M ai Y C/J 7 U N N ? P•) ? ' W yy ? ^? ? o c =6 GQ ° a, > °-N? =N O V1 ti ?°? O C/J ? -J 1 ?? ao a Y y .-? i o .Y o v o .; •v tY'1 w+ o ap o= • L ' C >? aQ d d N Eve of? .. d N e ° EO,w?io Q E av'i = a + r ? > o E Y ude? E Y Y U d Y a a+fir e C L a o ? ° 0 0 U C w• ° 9? e ° ?3 q:°. a Q L ?. ? e•o ?d d?« a ow e'Q? d? :: a ww cc 0 e r CA r? 1h? w a d u 40 41 O Y« « « o a 11-41 0 > .? V N ii ai en a N1 O i m w •O r•,' .C rA Y A t ° 3 7 .5 a? Y «S vii O ° p O ?C a?+ Y J C• OD ° p O p 6n •p? C ^ 'b Y ,_ l E d? = NYO Y p OQ = Y'YEo.E ?°- a a z , a9i 3 Y w G7 A Y- Y Y y>..., ° U A fir ? ?F3faGa Uo;U L ooh-= ?a3N? o a ?xx N o??? ?ada,3 o??? o,3 N y Y r„? U 0.? O N L O ?a z, •d u H rx N Y u L a• Y O ° O •fl z= N F SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~" ~~ M R~ ~",' ~ { e Sheriff ~d, ., ~a~i,t~~rr '~~.. ;' ~ ~`~~~~'~ as,~ r,~:?~,`.. Jody S Smith r s, Chief Deputy ~ Q~'~ ~~ P~ ~~° ~~ Richard W Stewart r~ . - ~.~~'~Y Solicitor , , ~~~ M &. T Bank Case Number vs. 2011-4571 Julia M. Rillo SHERIFF'S RETURN OF SERVICE 06/19/2012 C7:08 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 228 N. College Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County 07/02/2012 Valerie Weary, Dei~uty Sheriff, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Julio Alvasad I;friend) ,who accepted as "Adult Person in Charge" for Julia M. Rillo at 228 N. College Street, Carlisle., 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 Counl:y Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of M & T Bank, being the buyesr in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $861.17 SO ANSWERS, October 22, 2012 RONN~ R ANDERSON, SHERIFF ~_ ~ / ~ ~' vZoZ.~ ~ McCABE, WEISBERG AND CONWAY, P.C. BY': TERRENCE J. Mc~ABE, 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. Julia M. Rillo Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 1 1-4571 civil AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information conce~7~ing the real property located at: 228 North College 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 Julia M. Rillo 228 North College Street Carlisle, Pennsylvania 1!.7013 2. Name and address of Defendant in the judgment: Name Address Julia M. Rillo 228 North College 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 recorcl lien on the pro}~erty: 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 plaintiiff has knowledge who has any interest in the property which may be affected by the sale: Name Addres Tenants/Occupants 228 North College Street Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 1710 ATTN: Dan Richard Commonwealth of Pennsylvania 110 Ncrrth 8`h Street Inheritance Tax Office Suite #204 Philadeaphia, PA 1910"7 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Wi]low 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 8. 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. 31 1 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room ~ 1 l 1 950 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. 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. 'r+~-L- _ March 27. 2012 ___ TE + NCE J. McCABE, ESQUIRE DATE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE KEVIN T. McQUAIL, ESQI.JIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL Tl-IAT CERTAIN "TRACT OF LAND SITUATE ON THE NORTHWE>TERN SIDE OF NORTH COLLEGE S'T'REET, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEl[NG MORE FUI_.I,Y BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN OF SURVEY BY STEPHEN G. FISHER, REGIS"fERED Sl?RVEYOR, DATED NOVEMBER 16, 1978 AND BEARI2~1G DRAWING NO. 78A198, AS FOLLOWS. TO WIT: BEGINNING AT AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE. S'hltETiT, AND A CORNER OF PROPERTY NO~V OR FORMERLY OF WALTER H. NICHOLS; THENCE EXTENDING ALONG NORTH COLLEGE STREE"f, SOUTH 06 DEGREES 00 MINUTES WEST, 25.00 FEET T'O A POINT ON CONCRETE AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL 1T. DEVENNY; THENCE; L;XTENDING ALONG LAND OF SAME, NORTH 84 DEGREES 00 MINUTES WF;ST 1~ 1.72 FEET TO A RAILROAD SPIKE SET ON THE SOUTHEASTERN SIDE OF 20.00 FEET WIDE ALLEY; THENCE EXTENDING ALONG SAME NORTH 06 DEGREES 00 MINUTES EAST, 25.00 FEET' 1'O AN EXISTING RAILROAD SPIKE AT A CORNER. OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS, AFORESAID; THENCI~', EXTENDING ALONG LINE OF SAME, SOUTH 84 DEGREES 00 MINUTES EAST, 151.72 FEET TO AN EXISTING IRON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREET, THE FIRST MENTIONED PIN AND PLACE OF BEG'~INNING. RB5678 228 North College Street, Carlisle, Pennsylvania 17013. BEING the same premises which RONALD H. KENNEDY AND LORRAINE; R. KENNEDY, HUSBAND AND WIFE by deed dated December 3, 2007 and recorded December 5, 2007 in the office of the Recorder in and fir Cumberland e:;ounty in Deed Instrument # 200745219, granted and conveyed to Julia M. Rillo in fee. TAX MAP PARCEL NUMBER: OS-20-1798-200 McCABE, WEISBERG AND CUNWAY, Y.C. BY: TERRENCi:, 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. MARKOW[TZ, 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 CIVIL ACTION LAW M&T Bank. Julia M. Rillo COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 11-4571 civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Julia M. Rillo 228 North College Street Carlisle. Pennsvlvania 17013 Your house (real estate) at 228 North College Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 5, 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 $126,239.67 obtained by M&T Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 'fo 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 fmd out how much you must pay, your may call McCabe, Weisberg anca Conway, P.C., Esquire at {215) 790-1010.. 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stropping the sale. (See the following, notice on how to obtain an attorney.) YOIJ 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 naay 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. I'he sale will go through only if the buyer pays the Sheriff the full amount due on the sale. Tea 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 t:he 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 dead 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 real estate. A schedule of distribution of the money bid for ,your real estate will be filed by the Sheriffwithin 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 (] 0) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getl:ing your real estate back, if you ,act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOICT 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 WTTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO E;L[GiBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701;3 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701 (800)990-9108 LEGAL DESCRIPTION ALL THAT CER"fAIT~i TRACT OF :LAND SITUATE ON THE NORTHWESTERN SIDE OF NORTH COLLEGE S"1REET, BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BEING MORE FUI-,LY BOUNDED AND DESCRIBED TN ACCORDANCE WITH A PLAN OF SURVEY BY STEPHEN G. FISHER, REGISTERED SURVEYOR, DATED NOVEMBER 16, 1978 AND BEARTi\fG DRAWING NO. 78A198, AS FOLLOWS, TO WIT: BEGINNING AT AN EXISTING IR-ON PIN ON THE NORTHWESTERN SIDE OF NORTH COLLEGE STREIi"f, AND A CORNER OF PROPERTY NOW OR FORMERLY OF WALTER H. NICHOLS; THENCE EXTENDING ALONG NORTH COLLEGE STREET, SOUTH 06 DEGREES 00 MINUTES WEST, 2.00 FEET TO A POINT ON CONCRETE AT A CORNER OF PROPERTY NOW OR FORMERLY OF PAUL II. DEVENNY; "THENCE EXTENDING ALONG LAND OF SAME, NORTH 84 DEGRF,ES 00 MINUTES WEST 151.72 FEET TO A RAILROAD SPIKE SET ON THE SOUTHEASTERN SIDE OF 20.00 FEET WIDE ALLEY; THENCE EXTENDING ALONG SAME NORTH 06 DEGREES 00 MINUTES EAST, 25.00 FEET' T'O AN EXISTING RAILROAD SPIKE AT A CORNER OF PROPERTY NOW OR FORMERLY OF WAL"I'F,R ICI. NICHOI.S, AFORESAID; THENCE EXTENDING ALONG LINE OF SAME; SOUTH 84 DEGREES 00 MINUTES EAST, 151.72 FEET TO AN EXISTING IRON PIN ON THE NO:RTHWESTERTJ SIDE OF NOR"C7-I COLLEGE STREET, THE FIRST MENTIONED PTN AND PLACE OF BEGINNING. RB5678 228 North College Street, Carlisle, Pennsylvania 170]3. BEING the same premises which RONALD H. KENNEDY AND LORRAINE R. KENNEDY, HUSBAND AND WIFE by deed dated December 3, 2007 and recorded December 5, 2007 in the office of the Rc;corder in and for Cumberland County in Deed Instrument # 200745219, granted and conveyed to Julia M. Rillo in fee. TAX MAP PARCEL NUMBER: OS :ZO-1798-200 WRIT OF EXECUTION and/or ATTACHMEi\TT s ~:;OIv1MON~EALTH OF PENNSYLVANIA) NO.: I-4571 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -- SAW I'O THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M &T BANK Plaintiff (s) ?=rom JULIA M.. RILLO (l j You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . ~:?) Yr.u are also directed ~Co attach the property of the defendant(s) not levied upon in the possession c (~ ~ iARNiSHEE(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 fi•om delivering any property of the defendant (tij or otherwise disposing thereof; (~ 1 [ f property of the defendant(s) not levied upon an subject to attachment is found in the pos:~aesson of anyone other than a named garnishee, you are directed to notify him/her tha'~: he/she has been added as a garnishee and is enjoined as above stated. Amount Due: 5126,239.67 Lilerest FROM 1/2:5/12 - $4,657.50 AT $20.70 Att~~'s Comm: °io Att~~ Paid: 5173.50 Plaintiff Paid: Date: 4,2/12 (seal) I..L.: S.:iO Due Prothy: 52.25 Other Costs: . R ~i ~~ David D. Buell, Prothonotary Deputy REQUF,STING PARTY: Name: KEVIN T. N[CQUAIL, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADEPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-ll010 Supreme Court ID No. T~tati GOI"~ E=a',O,"~r ~;~r;~.?~'O l~_Testimo~y wner~;of ! P~~er_: unt:~ se: rr,y hand 2nd the seal cf saii Coin? at Ca~'s!e, °a. This ~_~a_v of f"[ i ~~ ----~ `' yro~.~ ~ . `~~~ ~ t-'~1"' On April 3, 2012 the Sheriff levied open the detendar~t` interest in the real property situated ire Carlisle orwcaugl°~;, Cumberland County,, PA, l{r~~r~wr~ a~r~d ~~umbered 22 North College Street, Carlisle l~A ~ more ~~ully described on Exhibit `~A~' filed with this writ, and by phis reference incorporated herein:. Date: April 3, 2012 Y . ~ ~ ~~ _. Claudia Brewbaker, Reai Estate oorb>nator CUMBERLAND LAW JOURNAL Writ No. 2011-4571 Civil Term M&TBank vs. Julia M. Rillo Atty.: Terrance McCabe ALL THAT CERTAIN tract of land situate on the northwestern side of North College Street, Borough of Carlisle, Cumberland County, Penn- sylvania, being more fully bounded and described In accordance with a plan of survey by Stephen G. Fisher, Registered Surveyor, dated November 16, 1978 and bearing Drawing No. 78a I 98, as follows, to wit: BEGINNING at an existing iron pin. on the northwestern side of North College Street, and a corner of property now or formerly of Walter H. Nichols; thence EXTENDING along North College Street, South 06 degrees 00 minutes west, 25.00 feet to a point on con- crete at a corner of property now or formerly of Paul H. Devenny; thence extending along land of same, North 84 degrees 00 minutes West 151.72 feet. to a railroad spike set on the southeastern side of 20.00 feet wide alley; thence extending along same North 06 degrees 00 minutes East, 25.00 feet to an existing railroad spike at a corner of property now or formerly of Walter H. Nichols, afore- said; thence extending along line of same, South 84 degrees 00 . minutes East, 151.72 feet to an existing iron pin on the northwestern side of North College Street, the first mentioned pin and place of BEGINNING. RB5678 228 North College Street, Carlisle, Pennsylvania 17013. BEING the same premises which RONALD H. KENNEDY AND LOR- RAINE R. KENNEDY, HUSBAND AND WIFE by deed dated December 3, 2007 and recorded December 5, 2007 in the office of the Recorder in and for Cumberland County in Deed Instrument # 200745219, granted and conveyed to Julia IvI. Rillo in fee.. TAX MAP PARCEL NUMBER: 05. 20.1798.200. 86 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), I'. 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 i:he said Cumberland Law Journal on the following dates, viz: July 27, August 3, and August 10, 2012 A.ft-cant 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 foregc7ing statements as to time, place and character of publication are true. __..~. L' .Marie Coyne, Edit r SVdORN TO AND SUBSCRIBED befoz•e me this lO dada of Au ug st, 2;012 ~~ ` \ /~, , Notary /`~ NOTARIAL SEAL t DEBORAH A COLLINS Cdotarv I~ub!ic ~! CARLISLE BOROUGH, C1,IMESERLA'J{' uf~)U"„'r E€ fly !;emrr~~issian Expre~A~r 28, `~~t~~`. ~• , The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COI.INTY COURT HOUSE CARLISLE PA 17013 c'rl~e ~lahiot-'Vetus NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain. being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 TE=chnology 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 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, F'age 317. I PUBLICATION COPY This ad ran ion the date(s) shown below: 07/27/12 08/03/12 r , .__ 08/10/12 ------ti ~ f,~ Sw#o d 5ubscrib ~ bef a ~ne~ th(s~17 i o1` Aragust, 2012 A.D .~ ., ~ j~ - - ~. Notary Public ~_- .... 7 ii -~.rr _. . `_ -----I r 3 i ~ ) t ,;., ~,~~ ~:~ ~ J 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 5 day of S'e~tember A.D., 2012, under and by virtue of a writ Execution issued on the ~ day of April, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 4571, at the suit of M & T Bank against Julia M. Rillo is duly recorded as Instrument Number :?01232524. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _~~oz~~______ day of ~, A.D. ~! Q1~ ~ ~ .Recorder of Deeds umberfand County, Cadisle, PA MY C issi 'res the ~u~st Monday of Jan. ?Qi4 2011-4671 ChrH 71trm M 8 T Bank Vs M. RMIo At1y: ~rronq MoCabs All That Certain'Itact Of Land Situate On The Northwestern Side Of North College Sweet, Borough Of Carlisle, Cumberland County, Peaasylvatda, Being More Fully Bounded And Deecnbed Ln Aaordance With A Plan Of Survey By Stephen G. Fisher, Registered Surveyor; Dated November 16,1978 And Bearing Drawing No. 78A I98, As Follows, Tb Wit: Beginning Ai An E>;stiog Iron Pin Oa The Northwestern Side Gf North College Sweet, And A Corner Of Property Now Or Formerly Of Walter H. Nidtols; Thence Extending Abag North CollegeStreet, South 06 Degrces00 Mirwtes West, 25.00 Feet 1b A Point Oa Conaete At A Corner Of Property Now Or Formerly Of Paul FI. Devenny; Thence Batending Along Land Gf Same, North 81 Degrees 00 Minutes West 151.72 Feet 7b A Raihoad SpitaSet On The Southeastern Side Of 20.Qp Feet Wide AOey; Thence Extending Alor~ Same North 06 Degrees 00 Miaumr Bast, 25.00 Feet'Ib An Exwting Radrtred Spite At A Corner Of Properly Now Or Formerly Of Walter H. Ntcla~, Afottaeid; Thence Extending Abag Lim (#Saner, South 84 Degrees 00 . MinrNes Baat,1S1.72 Feet 1b An Existing Iron Pin Ou T'hc *i~pi,+cr6er,; Side Of North College Street, The First ~ Mentioned Pia Arad Place Of Beginning. R65678 228 Nortlr College Street, Carlisle, ` Penasylvaoia 17013. Being The Same Premises Which Ronald I-I. KennedyAad Lorraine R Kennedy, Husband And Wife By Deed Dated~December 3, 2007 And Rewrded December 5, 2007TH The OJ~toe Of The Recorder In And F~ Cu~erland County [n Deed Instrument ~ 200745219, Granted And Comeyed'Ib Julia M. RIDo In Fee. Tax Map Parcel Number: 05.20.1798.200