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HomeMy WebLinkAbout11-5369SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff -4100'1 9( k#UIIb(I 0 F11 Lr0-0FF?"c tJ vJ 14. et i Jody S Smith Chief Deputy Richard W Stewart Solicitor 20; ! j"If -7 P"' 2: 3 /r1.r,s)ttI^t14z 7 { `J1t?4/4t?? Metro Bank Case Number vs. 2011-5369 Lawrence J. Legore (et al.) SHERIFF'S RETURN OF SERVICE 07/01/2011 04:56 PM - Shawn Harrison. Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2011 at 1656 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kathryn A. Legore, by making known unto Lawr a Legore, Husband of Defendant at 209 W. Courtland Avenue, Shiremanstown, Cumberland ty, a nsylvania 17011 its contents and at the same time handing to him personally the said tru a or ect copy of the same. 7 WN HARRISON, DEPUTY 07/01/2011 04:56 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2011 at 1656 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lawrence J. Legore, by making known unto hims ersonally, at 209 W. Courtland Avenue, Shiremanstown, Cumberland County, Pennsylvania 17 1 it co tents and at the same time handing to him personally the said true and correct copy of?h sa 'DEPUTY SHERIFF COST: $59.44 July 05, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck@mette.com Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANKIHARRISBURG, N.A., Plaintiff V. LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendants r :r :?- (f 0C _ }f, C: p it_Ii lirs 0NOTN' A, ND COUNT'll/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-5369 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in the above-captioned matter, in favor of the Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and against the Defendants, Lawrence J. Legore and Kathryn A. Legore, for failure to plead to Plaintiff s Complaint, in accordance with Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and assess Plaintiff damages in the amount of $36,847.28 calculated as follows: 0 J(4, DO Fft? al? ems- t o? gl? 6 Principal $34,397.90 Interest as of 6/21/11 $902.47 Late fees as of 6/21/11 $46.91 Attorney Fees $1,500.00 Total $36,847.28* *Interest accruing at the per diem rate of $6.59, costs and attorneys fees continue to accrue from June 21, 2011. ?& 0-%\ I hereby certify that the Notice of Default attached hereto as was forwarded to Defendants, Lawrence J. Legore and Kathryn Legore on July 22, 2011 in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. There is no attorney of record. Respectfully submitted, METTE, EVANS & WOODSIDE By: JAW- Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: August 17, 2011 METTE2 EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET HOWELL C. METTE MARY ALICE BUSBY P.O. BOX 5950 ROBERT MOORE KATHRYN L. SIMPSON HARRISBURG, PA 17110-0950 CHARLES B. ZWALLY THOMAS F. SMIDA PETER J. RESSLER PAULA J. LEICHT IRS NO. JAMES A. ULSH TIMOTHY A. HOY 23-1983005 JEFFREY A. ERNICO HENRY W. VAN ECK TELEPHONE FACSIMILE (717) 232-5000 (717) 236-1816 TOLL FREE: 1-800-962-5097 HTTP;//WWW.METTE. COM July 22, 2011 Lawrence Legore 209 West Courtland Avenue Shiremanstown, PA 17011 MARK D. MP RONALD L. FINCK RANDALL G. HURST* MELISSA L. VAN ECK HEATHER Z. KELLY AARON T. DOMOTO Certificate of Mailing Re: Metro Bank f/k?a Commerce Bank/Harrisburg, N.A. v. Lawrence J. Legore And Kathryn A. Legore Cumberland County C. C. P.; No.: 11-5369 Dear Mr. Legore: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. JAMES W. EVANS 1926-2008 * MARYLAND BAR Very truly yours, ) unuMIsrdrES 0 ck, Esquire PGnUSOWKBe Certificate Of Mailing W)o This Certificate of Mailing provides evidence that mail has been presented to USPS© for mailing. tm N rv. This orrn maybe used for domestic and international mail. 0 • (V .-- Fro : MFTTF EVANS R Wflnn in m rN W PO BOX 5950 'a-1 o HARRISBURG, PA 17110-0950 o? To: Lawrence J. Legore 209 West Cortland Avenue Shiremanstown, PA 17011 o ? ? kNn CD Q PS Form 3817, April 2007 PSN 7530-02-000-9065 ? D w 540910v1 Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Phone: (717) 232-5000 Fax: (717) 236-1816 mlvaneck@mette.com METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-5369 : CIVIL ACTION - LAW LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendant TO: Lawrence J. Legore 209 West Courtland Avenue Shiremanstown, PA 17011 DATE OF NOTICE: July 22, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted: METTE, EVANS & WOODSIDE By: ' .4f "U44Q ??' h Melissa L. Van Eck, Esquire Sup. Court I.D. No. 85869 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Date: July 22, 2011 Attorneys for Plaintiff 540906v1 METTE? EVANS & WOODSME A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET HOWELL C. METTE MARY ALICE BUSBY P.O. BOX 5950 ROBERT MOORE KATHRYN L. SIMPSON HARRISBURG, PA 17110-0950 CHARLES B.ZWALLY THOMAS F.SMIDA PETER J. RESSLER PAULA J. LEICHT IRS NO. JAMES A. ULSH TIMOTHY A. ROY 23-1985005 JEFFREY A. ERNICO HENRY W. VAN ECK TELEPHONE FACSII11LE (717) 232-5000 (717) 236-1816 TOLL FREE: 1-800-962-5097 MARK D. HIPP RONALD L. FINCK RANDALL G. HURST* MELISSA L. VAN ECK HEATHER Z. KELLY AARON T. DOMOTO JAMES W. EVANS 1926-2008 " MARYLAND BAR ITTTP:?/WW W.METTE.COM July 22, 2011 Kathryn Legore 209 West Courtland Avenue Shiremanstown, PA 17011 Certificate of Mailing Re: Metro Bank f/kla Commerce Bank/Harrisburg, N.A. v. Lawrence J. Legore And Kathryn A. Legore Cumberland County C. C. P.; No.: 11-5369 Dear Mrs. Legore: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, .q-y? #' 0_?_ ,, Melissa L. Van Eck, Esquire unr?srdtfs l?PO6TdLSERVKE• Certificate Of FlU in n T7° This Certificate of Mailing prw oae evidence that mail has been presented to USF 5'®fOr maAmg e N W This forth may be used for domestic and international mail:. p o From: i n ? d 5950 P X HARRISBURG PA 1711 0-0950 ?P ^ o Gj U_ 'r U1 T« Kathryn A. Legore -' 209 West Cortland Avenue G 4??ttNSa o o r Shiremanstown, PA 17011 PS Form 3817, April 2007 PSN 7530-02-000-9065} ` Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Phone: (717) 232-5000 Fax: (717) 236-1816 mlvaneck@mette.com METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5369 CIVIL ACTION - LAW LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendant TO: Kathryn A. Legore 209 West Courtland Avenue Shiremanstown, PA 1.7011 DATE OF NOTICE: July 22, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted: METTE, EVANS & WOODSIDE By: Melissa L. Van Eck, Esquire Sup. Court I.D. No. 85869 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Date: July 22, 2011 Attorneys for Plaintiff 540908v1 METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneckkmette.com Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendants DOCKET NO. 11-5369 CERTIFICATE OF RESIDENCE I hereby certify that the name and address of the proper person(s) to receive this notice is: Lawrence J. Legore Kathryn A. Legore 209 West Courtland Avenue 209 West Courtland Avenue Shiremanstown, PA 17011 Shiremanstown, PA 17011 Ir Respectfully submitted, METTE, EVANS & WOODSI Ep By: 1 Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: August 17, 2011 Attorneys for Plaintiff METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck@mette.com Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendants DOCKET NO. 11-5369 AFFIDAVIT OF NON-MILITARY SERVICE I, Melissa L. Van Eck, Esquire, being duly sworn according to law, depose and state that to the best of my knowledge, information and belief, the Defendants, Lawrence J. Legore and Kathryn A. Legore, are not in the military or Naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. §501, et. seq. Respectfully submitted, METTE, EVANS & WOODSIDE By: Melissa L. Van ck, Esquire Sup. Ct. ID No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: August 17, 2011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO II-5369 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s) From LAWRENCE J LEGORE and KATHRYN A. LEGORE (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: $36,847.28 L.L.: $.50 Interest from 8/18/11 (Date of Judgment) through December 7, 2011 (Date of Sale) - $738.08 Atty's Comm: % Atty Paid: $191.94 Plaintiff Paid: Date: 8/30/11 Due Prothy: $2.00 Other Costs: (Seal) REQUESTING PARTY: Name: MELISSA L. VAN ECK, ESQUIRE Address: ME T TE, EVANS & WOODSIDE 3401 NORTH FRONT STREET, P.O. BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 85869 F? rp s0 TM 'MIDERLAND COUNTY PENNSYLVANIA METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck@mette. com Attorneys for Plaintiff METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. LAWRENCE J. LEGORE and DOCKET NO. 11-5369 KATHRYN A. LEGORE, Defendants PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue writ of execution in the above matter: Amount Due (Judgment Amount) Interest from 8/18/11 (date of judgment) through December 7, 2011 (date of sale): (Costs to be added) & TOTAL: 0^4 $ 4)y•oo? akj Oct L/Y C8F 542026vl ??S•00 ?ttr 14. pp It r c ¢. 00 a u Sd CAL $36,847.28 $738.08 UJr,l-14 2 Tasttej METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: ?/ I tT? I „I ^ t 30 IFE,RLAIND COUNT PEOr t SYLVANIA 14 METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck@mette.com Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-5369 AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 209 West Courtland Avenue, Shiremanstown, Cumberland County, Pennsylvania (Parcel No. 37-23-0557-134) as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): Lawrence J. Legore Kathryn A. Legore 209 West Courtland Avenue Shiremanstown, PA 17011 2. Name and address of the Defendant(s) in the judgment: Lawrence J. Legore Kathryn A. Legore 209 West Courtland Avenue Shiremanstown, PA 17011 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (11-5369 - Lawrence J. Legore and Kathryn A. Legore) 4. The name and address of the last recorded holder of every mortgage of record: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (b) PNC Mortgage Corporation of America 2148 Embassy Drive Lancaster, PA 17603 5. The name and address of every other person who has any record lien on the property: North Star Capital Acquisition, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount .Laurel, NJ 08054 (2009-6634 - Kathryn A. Legore) 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: None found. I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. "41 71 vilk I 1 Melissa L. Van Eck, Esquire Attorney for Plaintiff Dated: ?j / l l J EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 37-23-0557-134 ALL THAT CERTAIN lot or tract of land situate in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING, at a point of intersection of the northern line of Courtland Avenue and the line of adjoiner between Lots numbered 5 and 6, Block J on the hereinafter mentioned Plan of Lots; then north 11 degrees 4 minutes west by said line of adjoiner for a distance of 110 feet to a point; thence north 78 degrees 56 minutes east by the southern line of Lot No. 12, Block J for a distance of 80 feet to a point; thence south 11 degrees 4 minutes east for a distance of 110 feet to a point on the northern line of Courtland Avenue, for a distance of 80 feet to the point and place of BEGINNING. BEING Lot No. 5 Block J, on Plan No. 3 of Shireman Manor as recorded in Cumberland County Recorder's Office in Plan Book 12, page 32, on September 8, 1961 and having thereon erected a single ranch type brick dwelling house known and numbered as 209 West Courtland Avenue, Shiremanstown, Penna. C' s _ cOUNT"i METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-5369 NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 7, 2011 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 209 West Courtland Avenue, Shiremanstown, Cumberland County, Pennsylvania (Parcel No. 37-23-0557-134) THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2011-5369 IS: THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY Lawrence J. Legore and Kathryn A. Legore A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 - (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, I Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY EXHIBIT "A" EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 37-23-0557-134 ALL THAT CERTAIN lot or tract of land situate in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING, at a point of intersection of the northern line of Courtland Avenue and the line of adjoiner between Lots numbered 5 and 6, Block J on the hereinafter mentioned Plan of Lots; then north 11 degrees 4 minutes west by said line of adjoiner for a distance of 110 feet to a point; thence north 78 degrees 56 minutes east by the southern line of Lot No. 12, Block J for a distance of 80 feet to a point; thence south 11 degrees 4 minutes east for a distance of 110 feet to a point on the northern line of Courtland Avenue, for a distance of 80 feet to the point and place of BEGINNING. BEING Lot No. 5 Block J, on Plan No. 3 of Shireman Manor as recorded in Cumberland County Recorder's Office in Plan Book 12, page 32, on September 8, 1961 and having thereon erected a single ranch type brick dwelling house known and numbered as 209 West Courtland Avenue, Shiremanstown, Penna. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 1 i f ` P• h s[ Richard W Stewart Solicitor Metro Bank Case Number vs. Lawrence J. Legore (et al.) 2011-5369 SHERIFF'S RETURN OF SERVICE 09/27/2011 06:26 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 209 West Courtland Avenue, Shiremanstown, PA 17011, Cumberland Count,. 09/27/2011 06:26 PM - Deputy Ryan Burgett, 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 LAWRENCE LEGORE (HUSBAND), who accepted as "Adult Person in Charge" for Kathryn A. Legore at 209 W. Courtland Avenue, Shiremanstown Borough, Camp Hill, PA 17011, Cumberland County. 09/27/2011 06:26 PN1 - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lawrence J. Legore at 209 W. Courtland Avenue, Shiremanstown Borough, Camp Hill, PA 17011, Cumberland County. 12/07/2011 As directed by Melissa L Van Eck, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012 01/04/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $741.40 SO ANSWERS, January 20, 2012 RON R ANDERSON, SHERIFF C?? IC,C S z) L L fed/. ?C S SA i' ?? ,2 `? ?n Z c? r ? METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Firont Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck?a,rnette.com Attorneys_for Plaintiff METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LAWRENCE; J. LEGORE and KATHRYN A. LEGORE, Defendants : DOCKET NO. 11-5369 AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 209 West Courtland Avenue, Shiremanstown, Cumberland County, Pennsylvania (Parcel No. 37-23-0557-134) as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): Lawrence J. Legore Kathryn A. Legore 209 West Courtland Avenue Shiremanstown, PA 17011 2. Name and address of the Defendant(s) in the judgment: Lawrence J. Legore Kathryn A. Legore 209 West Courtland Avenue Shiremanstown, PA 17011 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3 801 Paxton Street Harrisburg, PA 17111 (11-5369 - Lawrence J. Legore and Kathryn A. Legore) 4. The name and address of the last recorded holder of every mortgage of record: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (b) PNC Mortgage Corporation of America 2148 Embassy Drive Lancaster, PA 17603 5. The name and address of every other person who has any record lien on the property: North Star Capital Acquisition, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (2009-6634 - Kathryn A. Legore) 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None found. r 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: None found. I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. l Melissa L. Van Eck, Esquire Attorney for Plaintiff Dated: s !)q ( l EXHIBIT "A" EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 37-23-0557-134 ALL THAT CERTAIN lot or tract of land situate in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING, at a point of intersection of the northern line of Courtland Avenue and the line of adjoiner between Lots numbered 5 and 6, Block J on the hereinafter mentioned Plan of Lots; then north 11 degrees 4 minutes west by said line of adjoiner for a distance of 110 feet to a point; thence north 78 degrees 56 minutes east by the southern line of Lot No. 12, Block J for a distance of 80 feet to a point; thence south 11 degrees 4 minutes east for a distance of 110 feet to a point on the northern line of Courtland Avenue, for a distance of 80 feet to the point and place of BEGINNING. BEING Lot No. 5 Block J, on Plan No. 3 of Shireman Manor as recorded in Cumberland County Recorder's Office in Plan Book 12, page 32, on September 8, 1961 and having thereon erected a single ranch type brick dwelling house known and numbered as 209 West Courtland Avenue, Shiremanstown, Penna. METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintliff V. LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-5369 NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 7, 2011 TIME:: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 209 West Courtland Avenue, Shiremanstown, Cumberland County, Pennsylvania (Parcel No. 37-23-0557-134) THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2011-5369 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Lawrence J. Legore and Kathryn A. Legore A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you. wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 - (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B " SHERIFF OF CUMBERLAND COUNTY EXHIBIT "A" EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 37-23-0557-134 ALL THAT CERTAIN lot or tract of land situate in the Borough of Shiremanstown, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING, at a point of intersection of the northern line of Courtland Avenue and the line of adjoiner between Lots numbered 5 and 6, Block J on the hereinafter mentioned Plan of Lots; then north 11 degrees 4 minutes west by said line of adjoiner for a distance of 110 feet to a point; thence north 78 degrees 56 minutes east by the southern line of Lot No. 12, Block J for a distance of 80 feet to a point; thence south 11 degrees 4 minutes east for a distance of 110 feet to a point on the northern line of Courtland Avenue, for a distance of 80 feet to the point and place of BEGINNING. BEING Lot No. 5 Block J, on Plan No. 3 of Shireman Manor as recorded in Cumberland County Recorder's ("Iffice in Plan Book 12, page 32, on September 8, 1961 and having thereon erected a single ranch type brick dwelling house known and numbered as 209 West Courtland Avenue, Shiremanstown, Penna. ??`- ??. =?; :-._ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTYOF CUMBERLAND) NO 11-5369 Civil CIVIL ACTION - LA%' TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s) From LAWRENCE J LEGORE and KATHRYN A. LEGORE (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: $36,847.28 L.L.: S.50 Interest from 8/18/11 (Date of Judgment) through December 7, 2011 (Date of Sale) - 5738.08 Atty's Comm: % Due Prothy: $2.00 Atty Pa d: $191.94 Other Costs: Plaintiff Paid: Date: 8130111 Davtd?. Buell, Pr, thonotary (Seal) By: Deputy REQUESTING PARTY: Name: MELISSA L. VAN ECK, ESQUIRE Address: METTE, EVANS & WOODSIDE TRUE CORY FROM RECORD 3401 NORTH FRONT STREET, P.O. BOX 5950 In Testimony whereof, l here unto set my hand and the seal of said Court at Carlisle, Pa. HARRISBURG, PA 17110-0950 This Z, day 20 It _ AttomeN f'cr: PLAINTIFF l? P?rothono(t?ary Telephone: 717-232-5000 Supreme Court ID No. 85869 On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, PA, Known and numbered as, 209 West Courtland Avenue, Shiremanstown, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date September 2, 2011 By: Real Estate Coordinator a :jj Cc's^' CUMBERLAND LAW JOURNAL Writ No. 2011-5369 Civil Metro Bank vs. Lawrence J. Legore Kathryn A. Legore Atty.: Melissa L. Van Eck Tax Parcel No. 37-23-0557-134. ALL THAT CERTAIN lot or tract of land situate in the Borough of Shiremanstown, County of Cumber- land and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING, at a point of inter- section of the northern line of Court- land Avenue and the line of adjoiner between Lots numbered 5 and 6, Block J on the hereinafter mentioned Plan of Lots; then north 11 degrees 4 minutes west by said line of adjoiner for a distance of 110 feet to a point; thence north 78 degrees 56 minutes east by the southern line of Lot No. 12, Block J for a distance of 80 feet to a point; thence south 11 degrees 4 minutes east for a distance of 110 feet to a point on the northern line of Courtland Avenue, for a distance of 80 feet to the point and place of BEGINNING. BEING Lot No. 5 Block J, on Plan No. 3 of Shireman Manor as recorded in Cumberland County Recorder's Office in Plan Book 12, page 32, on September 8, 1961 and having thereon erected a single ranch type brick dwelling house known and numbered as 209 West Courtland Avenue, Shiremanstown, Penna. 52 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 ort the following dates, viz: _ October 21, October 28, and November 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. rsa Marie Coyne, E or SWORN TO AND SUBSCRIBED before me this 4 day of November, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 1h¢ P atriot•News 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 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 parsuant 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 COP`( This ad ran on the date(s) shown below: 10/21/11 10/28/11 f>rn to ark s bscribed be ?ne th1 16 1 of November, 2011 A.D. k 111 `Nx 1, Z -- Notary ublic COMMONWEALTH OF PENNSYLVANIA 11/04/11 Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My ConNnisslon bores Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES t he Patriot-Xtws Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriff's Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL JLC TOTAL DUE FOR THIS SALE: $ 228,92 .•? xs Tax Parcel No. 37-23-0557-134 ALL TTW CPn4JN lot or tract ,of land situate initkeBc>too of 91tiremanstown, County of QimbeilM&aMLState of Pennsylvania, mm patficularly bounded and deacnW as io wit: BEGINNING, at a peitofintersection of the northern be of Court and Avenue and the line of adjoiner bobvema. Lots numbered 5 aadb; %A 1 on the hereinaftermendonod the of Lots; then north 11 de#M 4mias MIM by said line of adjoinerfbr adim moe of 110 feet to a point; thence north 78 degrees 56 minutes east by the soothern line of Lot No. 12, Block J, for a4kame of 90 fed to a point; thence mouth' 11 ftioo *minutes east for a disloce of 1104bmtto a point on the northeill DO O(CM tMAvenut, for a distance of Meet to the point and place of BEGINMNG. BEING LotNo.5 Block J, on Plan No. 3 of Shisoman Maw as recorded in Cumberland Coaaty ROootder's Office in Plan Boot 12,popa33; owSap#amber 8, 1961 and having dtereo etood awe ranch type brick dwailliq ham known and numbered as 209 West Cow Avenue, Shiremanstown, Penna. As