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HomeMy WebLinkAbout04-4266 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04 - 4J../.1.. <2~u~ L '-r~ VS. KENNETH W. SMITH AND SHARON L. SMITH, TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. TO DEFENDANTS. You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN ~y (20) D~:PJ]J',O~.SERVICE HEREOF .<...~'Ku..<<.((~ AT "EYS FoP: PLAINTIFF FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et a1. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 909 Hidden Ridge Drive Suite 200 Irving, Texas 75038 AND THE DEFENDANTS IS: 304 Sand Bank Road Mt. Holly Springs, P A 17065 (/~~IlL~r1-c./ ATTORNEYS FOR PLAINTIFF GRENEN & BIRSIC, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Township of South Middleton ~(CITY BORO, TOWNSHIP) (WARD) (Block/Lot) , 1.'<-' <-/hi ().J / '.t ,{'}-~ ATTO EYS FOR t'LAI~T~;'--~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO. : vs, KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 800 990-9108 4. On or about February 12, 1998, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Equity One, Incorporated a Mortgage in the original principal amount of $60,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on February 20, 1998 in Mortgage Book Volume 1432, Page 859. A true and correct copy of the description of the premises is marked Exhibit "B", attached hereto and made a part hereof 5. Equity One, Incorporated assigned all interest and title to said Mortgage and Note to Alliance Funding Corporation pursuant to the terms of a certain Assignment of Mortgage; said Assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on March 17, 1998 in Mortgage Book Volume 571, Page 413. 6. Alliance Funding Corporation assigned all interest and title to said Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage; said Assignment being recorded in the Office of the Recorder of Deeds of Cumberland County on September 5, 2002 in Mortgage Book Volume 689, Page 4957. 7. Defendant, Kenneth W. Smith, is the record and real owner of the aforesaid mortgaged premises. 8. Defendant, Kenneth W. Smith, is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest on said Note when due. Defendant, Kenneth W. Smith, is due for the March 18, 2004 payment. 9. On or about July 23, 2004, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. ~101, et seq. 10. The amount due and owing plaintiff is as follows: Principal Interest to 08/23/04 Late Charges to 08/23/04 Escrow Deficiency to 08/23/04 Corporate Advances Title Search, Foreclosure And Execution costs Attorneys' fees TOTAL $ 83,909.72 $ 3,862.17 $ 1,342.52 $ 3,249.76 $ 243.75 $ 2,500.00 $ 800.00 $ 95,907.92 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $95,907.92 with interest thereon at the rate of $22.07 per diem from August 23, 2004, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRE~EN & BIRSIC, P.C. BY: ~~(/-7:?:!.f2~{/Lt:~ ~r:(~ine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "B" EXHIBIT "A" -) - NOTE ..., '- - PENNSYLVANIA US $ 96,375.00 February 12, 1998 Dale 30~ Sand Bank Road, Mt. Holly Springs, PA 17065 (Property Address) I BOIUlOWER'S PROMISE TO PAY . In return for a loan that I have received, I promise to pay U.S. $ 96,.375.00 (Ihis amount Is called ~pnnclp8I"), plus interest, 10 the order of the Lender. The Lenoer Is Equi ty ~net Incorpora ted . I understand that the Lender may transfer Ihls Note. The Lender or anyone who takes Ihis Note by transfer and who is entitled 10 receive payments under this Note is called the -Note Holder." 2. INTEREST Interest will be charged on the unpaid principal until the full amount of principal has been paid. I will pay Interesl .1 . yearly rate of 9.600 ". Interest will be char&ed until the principal Has been paid In full. The inlerest nlllt required by this Seclion 2 is the rale J will pay both before and after an)' default described in Section 6(8) of this No!e. J. PA YMENTS (A) Time and Place of Payments I will pay principal and intereSl by making paymenls e\lcry month, J will make my monthly payments on Ihe 18th day of each month beginning on March 18 , 19...2!.. I will make these payments every month unli! I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Unless applicable law pro\lides otherwise, all paymenIJ will be applied first 10 accrued and unpaid interesl 10 the date of payment and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs and expenses, dishonored c:heck chacaes and payments made by the Note Holder 10 enfol"Ce this Note and/or to protect Ihe Note HoJder's inlerests under the Security Instrumel1t (as defined In section 9) will be assessed separately. If, on February 18, 2018 ,I slill owe amounls undcr Ihis Nole. I will pay Ihose amounts in full on that dalc, which is called the "malurity dale. " I will m3ke my mon!hly payments al 52) 'Fellowship Mount Laurel, NJ 08054 Road, Suite 220 , or al II differenl place if required by the Note Holder. (B) Amounl of My Monlhly Paymenls Each of my monthly payments will be in the amount of U.S. $ 904.61. 4. BORROWER'S RIGHT TO PREPAY I have fhe righl to make payments of principal" any lime before they arc due. A payment of principal only is known as a "prepaymen!. ~ t may make a full prepayment or par1ial prepaymenfs withoul paying any prepayment penalty. The Note Holder will USe all of my prepaymenls to reduce the: amount of principal that i owe under this Note. If I make a pAr1ial prepayment, Ihere will be no changes in the due d8tes or amounls of my monthly payments unless the Note Holder agrees in wriling 10 those changes. E)tcepl as provided in section S, Ihe Nole Holder earns any prepaid finance charge at the lime the loan is made and no par1 of it will be refunded If I pay in full ahead of schedule, S. LOAN CHARGES If a law or regulalion. which applies 10 Ihis loan and which sels maximum lo.n cha(ges, is finally interpreted so Ihat the infereS! or olher loan charges collected or to be colJ~ted In connecllon wilh this loan e,llcecd lhe permiUed limit.., Ihen: (I) .n)' such intereSI and/or olher loan charges shall be reduced by 'he .mounl necessary 10 reduce the interesl and/or other Joan charges 10 Ihe rermiUed limit; and (ii) any SUms already collccled from me which exceeded rennilled limits will be refunded 10 md. The Nore Holder may cnoose to make Ihis refund by reducing the principal J owe under this Nore or by making a direct raymenl 10 me, rf a refund reduces principal, the reduction will be treated as a par1ial prepayment, 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lale Charges for Overdue Paymenls If the Nole Holder has nOI recei\led Ihe full arnounl of any monlhly payment hy Ihe end of len (10) calendar days after lhe dale:! II is due, I will pay a lale charge 10 Ihe No!e Holder. The arnOunl of Ihe charge will he five percent (S") of my scheduled raymenl of principal and interesl. 'will pay Ihis late charge promprly but only once on each I,te payment. Any lale charile will be in addilion 10 inlercst on Ihe then outstanding principal for each day lhe payment is late. (B) Defaull If J do nol pay Ihe full amounl of each monlhly paymenl on Ihe dale il is due, I will be in default. Jf J am in de:faull and (he original principa' amount of this loan is over $SO,OOO, Ihe Nalc Holder may require me to pay immedialely Ihe full Ilnrail.l principal halance plus aCcrued and unpaid interesl and any other amounl!; I then owe under Ihis loan, However, if the otisin~\ pri.ncipal amoont of my loan is $50,000 Or less, and I am in defaull, Ihe Nole Holder will send me a written notice I'A 2NU ovm!: UO,{ll;l(lIlSi rlXl!1J kA TE 1111 MTO NOT1!-. nl:Nl!RIC NO rl'r llfJj/9>4j I'Mlt!IOf1 N'T06)FD.rAF fellinc me Ihal if I do nol' ,overdue RI"'~ plus permilled cosls ~I expen.~cs .~in date the Note Holder may require me 10 pay immedi full unpai 'ntipal balance pIlls accr.......d and unpaid. "nd IIny olher amounts Ilben owe Llntler Ihls loan. That u must be al ~I 30 day. after the dale on wt1ich Ihe n~e I maned to me or, if h is not mniled, 30 days after Ihe dale on which il is delivered 10 me. (C) No Waiver By Note Holder Even if, al a lime when J am in defalJil, the Nole Holder docs nol require me to pay immediately in fun as described above, the Nole Holder will slill have the right to do so if 1 am in default at a later time. (O) Payment of Note Holder's Costs and Expenset: If l defaull, whelher or not Ihe Nole HoldeI' hu required me to pay Immediately In full u defCribed above, the Note Holder will have Ihe right to be paid back by me for all of its cosls and expenses in enrorein&: Ihis Nole 10 the olenl nol prohibited by applicable law. Those expenscs Include, for example, reasonable attomeys' fees not prohibited by applicable law. I will also pay a charge of SIO plus any actual bank charges for each dishonored check, dl'1lft or other insll'\lmeat lasucd by me in payment on this lo.n. 7. GIVING OF NOTICES Unlcss applicable law requires a differenl mClhod, any notice that must be given to l11e under this Nole will be glvcn by delivering il or by mailing it by first class mail to me al the Property AddrC5s above or at a different address If I give the Nole Holder.. nolice of my different address. Any notice that musl be given 10 the Note Holder under Ihis Note will be given by mailing it by first class mail to the Note Holder at lhe address Slated in Section 3(A) above or at a different address If I am given. notice of that different address. 8. BORROWER'S WAIVERS l waive my rights 10 require Ille Note Holder 10 do certain things. Those Ihings are: (A) 10 demand payment olamouRls due (known a$ "presenlment"); (8) Co give oolice Ihac amounts due have not been paid (known.s "notice of dlshonorM)j (C) to ohlain an official certification of nonpayment (1c:nown a. . Mprotesltt), Anyone else (i) who agrees to keep Ihe promises made in this Nole, or (ii) who agrees 10 make payments to the Note Holder if J fail 10 keep my promises under Ihis Nole, or (Iii) who signs this Note to lransfer it 10 someone else (known as "guarantors. sureties, and endorsers"), al.o waives these riChis. 9. THIS NOTE COVERED BY A SECURITY INSTRUMENT A Security Inslrument of even dale containing a descripdoD of my real property protects the Note Holder from possible losses which might result if , do nol keep the promises which' make In Ihis Note. This Nole is secured by that Security Instnlmltnl. Thai Securily fnstrumen! describes how and under what condillon, J may be required 10 make immediafe paymenl in full of a" amounts Ihal f owe under lt1is NOle. ff I do nol keep the promises which r make in this Note, 'may lose my real property. 10. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more Ihan one penon signs this NOle, each of us's fully and personally obliCated 10 pay Ihe full amounl owed plus Ihe charges as described in Sections 6(A) aDd 6(D) and to keep all of the promises made in this Note. Any guarantor', surety, or endorser of the Note (as described in Section 8 above) is also obligated to do these thing'. The Note Holder may enforce its rights under this Note against each of us Individually or against aU of us together. This mean. thai any one ofu5 may be reqUired to pay all of the amounls owed under this Note. Any person who takes over my righls or obli,ldons under this Nole will have all of my rights and must keep all of my promises made in Ihls Nole. An)' person who takes over the rlghls or obligations of a goaranlor, surely, or endorser of this Note <as described in Section 8 above) is also obligaled 10 keep all of the promises made in Ihis Note. II. APPLICABLE LAW This NOle shall be soverned by Ihe laws of the Commonwealtn or Pennsylvania and any applicable federal law. In the evenl of a conflicl between any provision of this Note and any federal or Pennsylvania slatute, law or regulation in effecl as of th~ dale, of t~js NOle. the statule, Jawor regulation shall control to the exlent of such conflict and Ihe conflicting provision contained In Ihls Nole shall be without effecl. All olher provisions of this Nole will remain fully effective and enforceable. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDE:;~ ~ETb '; - ,.."",,- ,/ tSeaI) .BofTOwer (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower 'II 1NO OVP'R UO,OOOfISTFt'CCP RATI! fA MTCl NOTIl. I1I!NERIC lOr-PI' (111)/9.) rAOE1 Of 2 NT06'PB.p.o,P iqc-' "1 ,) I cA, ~~. '98 FEI' 2U Dr'll1 f~ '.' '\' \ ' (Spice Above Thts Line For RetOrdlnl D'lal_ Qg'()D(,6 '1J?y .z: ? J'I Prepared by Stone LaFaver &: Stone. MORTGAGE THIS MORTGAGE ("Security Insuument") is given on February 12 The mortgagor is KENNETH W. SMITH and SHARON L. SMITH. hushand & wire is 304 Sand Bank Road. Mt. HollY Sorin.s. PA 17065 ("Borrower"), This Security Instrument is given to Equity One. Incorporated . which is organized and exisling under the laws of ?ennsvlvarlia and whose address is 4QOQ Louise Drive. Suite 196~ Mechan1csburliZ'. PA 17055 ("Lender"). Borrower owes Lender the principal sum of Ninety-six Thousand Three Hundred Seventy-five and NO/100 Dollars (U.S. S 96,375.00 ), This debt is evidenced by Borrower's nOlc dated the same date as this Security Inslromenl ("Note"), which provides for monthly payments' wilh the lUll debt, if not paid earlier, due and payable on FebruaJ:'Y 18, 2018 . This SecurilY InStrument secures 10 Lender: (a) the repayment of the debt evidenced by lhe NOle, whh interest at the ratt set fonh in the Note, and all renewals, ex.lensio.!!l and modificIlions of Ihe NOle: (b) the payment of an other sums, with imeresl. advanced under paragraph 6 to prolccl the security of [his SccurilY Insuumenl; and (e) Ihe performance of Borrower's CovenanlS and agreements under Ihls Security Instrument and Ihl: NOlc. Por Ihese purposes Borrower docs hereby monglse, gnnt and convey 10 Lender and Lender'! successors and assigns the following described propeny localcd in Cumberland County, Commonwealth of Pc:NlS>;lvania. ,I 99Jl.., . whosc address " Il!I If Ihis box 15 checked sec Schedule A annc~ed hereto and made a pan hereoL which has lhe address or 304 Sand Bank Road (S"...) Pennsylvania 1 7065 (Zip Code) Mt. Holly Springa (City) ('Property Addr....): TOGETHER WITH alllhe improvements now or hereafter erected on the propeny, and all casements, dghts, appunenances, rents, ro)'alties, mineral, oil and gas righls and profits, waler rights and stock and aU fix.lures now or hereaflcr a pan of the propcny. An replacements and additionl, shall a1so be covered by Ihis Security Insll:umem. All of the foreaoing Is rderred 10 in this Sccurity Instrument as the "Propeny." BORROWER COVENANTS that Borrower is lawfully seised of the estale hereb)' conveyed and has (he riSht to mortgage, grant and convey the Propcny and Ibat the Property is unencumbered, excepI for encumbrances of record. Bonower Warrants and will defend generally the tille 10 the Propeny asainlt all claims and demands subject 10 any encumbrances of record. Borrower and Lender cO,venanl and agree as follows: 1. Puym~nl or Principal, Interest and Other Charies. Subjeclto paragraph 10, Borrower shall promplly pay when due the principal of and interest on Ihe debt evidenced by Ihe Note and an)' late chargel, collection coses and expenses and dishonored cbeck charges as provided in the Note. 2. AppllcatioD of Paymtnts. Unless applicable law provides otherwise, Lender win apply each of Borrower's payments under the NOle fiUI to accrued and unpaid interest ll~er the: Note to the date of paymenl and the remainder, if any, 10 me unpaid principal balance under the N'lte. Any lale chlrges lO) S'4 of any payment nOI made by the end of 10 calendar days after the date it is due if the original principal amount of lhe NOle exceeds SSO,OOO or t:,i, is a nrsl priority Security Instrument, or (ii) the greater or $20 or 5" of any payment not made by 'he end of IS calendar da)'. after ,he dale II is due ihhe original principal amount of the Note is 550,000 or lell and Ihls is a second or junior priority Sc:curity lnstrument}, collection com and ex.penses, dishonored c.heck charges and paymenlS made by Lender to enforCe the Note andlor 10 prolecl Lender', intcrests under this Security Instrument will be assessed separately. 3. Prior Mortaage; Chlll'Jcs; Uens, Borrower Shall pay .11 1uc:s, asseSSmenls, charges, fines and impositions atlribulable to Ihe Propcny which may auain priority (lver ~his Security Instrumem, and leasehold payments or ground rents, if any. Borrower shalt pay lhese obliglllions on time direclly 10 lhe '''" IST'2ND Fll(EO k....TE MORTGAC;iE. 01!NElIC 011519$) PAGE l...r6 M(jlll~XB PAX Bod432PAGt. .859 . . person owed payment. Borrower shall promptly fumlsb..1O Le'ndtr all nOlices of amounts 10 be pa\,d under this paragraph. and receipls evidencing such payments. Borrower shall perronn .n of Borrower's obligations under Iny mansase, deed of trust or other securily instrumenl with, crealing or blvinS I priority over 1h1. Security Inslrument, including but nOllimiu:d (0, Borrower's covenanllo make payments when due. Bonower shall promptly dischargt Iny lien which has priority over Ihis Security Inslrument (other than a senior mongage, deed of Irun or other security tnslrument approved by Lender althe lime of origination of ,Ihis Sccuriry Instrument and wilh respect 10 which-8or~owcr complies with the provisions of the immediately preceding scnll:ncc) unless Borrowcr:,"(~) agrees in writing to the payment of lhe obligation secured by the lien in a manner acceptable to Lender;: (b) contests in 80ad faith the lien by. or defend. against enforcement o(the lien in, legal proceedings which In Lender's opinian operate to prevent the enforcement of the lien; or (c) secures from the holder of Ibe lien. an agreement satisfactory to Lender subordinalingthe lien to Ihls Security Instrument. If Lell~er determines that any pari of the Propeny is subject 10 a lien which may attain priority over Ihis Securiry !nstrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take (Ine or more of the acllons set forth above wilhin 10 days of the siving of notice. . 4. Hanni or Property Insurance. Borrower shall keep the improvements now eXisting or hereafler erected on the Property insured against loss by fire. hazards included wilhin Ihe lerm "extended coverage" and any olher hazards. including floods or flooding, for which Leno:ler requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, nollo exceed the full replacement cost of the buildings and improvements on the propeny. The in!:urance carrier providing Ihe insurance shall be chosen by Borrower subject to Lender's approval wbitJ shan not be unreasonably withheld. If Borrower falls 10 maintain coverage described above. Lender may, al Lender's option, obtain coverage to protect lender', rights in the Propeny in accordance wilh paragraph 6. All insurance policies and renewals must be acceptable to Lender ltnd must include a standard morlgage clause in favorilf and in a form acceptable 10 Lender. Lender sh.lI, have Ihe right 10 hold Ihe policies and renewals. Ir Lender requires. Borrower shan promplly give to .Lender all rec:eipls of paid premiums and renewal notices. In the event of loss, Borrower shall give pOlmpl notice to the insurance carrier and Lender. Lender may make proof of loss if DOC made promptly by ~orrower. Unless Lender and Borrower otherwi~e acree in wriling, Insurance ?roceeds. shall be applied'lo reslonlion or repair of the Propeny damaged. if lhe reSlor.don or repair is ecoooq\ically tcasible and Lender's security is not lessened. If Ihe restoralion or repair Is nol economic.lly feasible or Lender', securilY would be lessened, the insurance proccedlsha!l be applied. to Ihe sums secured bydd. S=curil)r Initrumen" whethet~ or not then due. with Iny excess paid to Borrower, If Borrower abandoDs the Propeny, or does not answer within 30 days I notice from Lendcr thai the insurance carrier h.. offered 10 seule a claim, IheQ Lender may collect the Insurance proceeds. Lender may use the proceeds 10 repair or reston: the Propeny or to pay sums secured by this Security Insnument, whc:lher or not then due. The 30-day period will begin when lhe nOllce is ,given. Unless ~ndcr and Borrower otherwise agree in writing, any application: of proceeds 10 principal shall not extend or postpone the due date: of the monthly payments referred 10 in parlnnpb I or chan8C: Ihe amount oflhe payments. Ifundcr parlsraph 11 the Propeny is acquired by Lender. Borrower's righlto Iny insurance 1''lOlicies and proceeds resulting rrom damage to the Propcny prior 10 the acquisition shan pass 10 Lender to lhe eXlcl1t or Ihe sums secured by Ihis Security lnstrument immedialely prior t(, the acquisition. S. Occupant)' t P'ftservldon. Maintenance and Protection of the PropertY; Bonower'1 Loan AppUcutJonj Leaseholds; Condominiums; Planned Unit Developments. UnlC:5:1 Borrower's lOin appticalion and Lender's loan approval provided Ibal the Property was nOl required 10 be occupied IS Borrower's principal residence. Borrower shan occupy, estabUsh. Ind UIe the Propeny as Borrowel~'s principal residence within 60 days after Ihe execution of this Security InlbUmenl and shall continue 10 OCCUlty lhe Propeny II Borrower's principal residence for lllca'll year afcer lhe dale of occupancy. unless Lender 9therWisc alrees in wri1inS. which consent shall not be unreasonably withheld. or unlelS extenualins circumstances exist which arc beyond Borrower's control. Borrower shall nOI dcstroy, damage or impair the Property, allow the ProperlY 10 deteriorate, or commit Wille on the Propeny. 80rrower shall be in dc:faull if iny forfeiture aClion or proceedinl. whether civil or criminal, is beaun Ihat in Lender'saoed faith judglDenl c()Uld resull in forfcirure of the Properly or otherwise materially impair lhe lien created by this Security In.uumen~ or Lender's security inlerest, Borrower shall also be in der.ult if Borrower, durina the loan appllcltion process, .Ive materially false or inaccunue Information Or statements 10 Lender (or failed' to pro\l'ide Lender whh any material Information) in connection with lhe loan evidenced by the Note, lncludina, bUI nOtlimilcd 10, representations concernins Borrower's occupancy of the Property IS a principal residence. If this ~ecurity InSlrument is on a leasehold, Borrower shall comply with aU the provisions of Ihe leasc. If Borrower acquires fee tille to the ProperlY, the leasehold and the fee dtle shan nOI merse unle.. Lender aSfCes 10 the mereer in writing. If this Security InstrUmcnl Is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligadons under the declaration or covenar"s crea,ing or covern;n. Ihe condominium or pllnned unit development. the by..laws and fCBulalions of the ,::ondominium or planned unic development and consliwenl documents. Bod432fAGE. 8GO r.... 1ST/2ND FIXED R....TI! MORTGAGE. GE!NERIC 111/SI'JS) PAOElnr6 MGtlI61CB,......X . . 6. Protecdon ot Uncle"', Rights In the Prqpert)'. I( Borrower flits 10 perform lhe cQvcnanls ahd agreements contained In this Security Instrument, Or there is a 11;811 procl:cding Ihal may significantly affect Lender's rights in Ihe Property (such a5 a proccedins in bankruptcy, probale, for condemnalion or forCeiture or 10 enforce laws or regulations), then Lender may do and p!y.for wt.alcver is necessary 10 protect lhe value of lhe Propeny and Lender's rights in Ihe Property.'" Lender'.s aClions may include paying any sums secured by a lien which hal priority OVer Ihis Security Instrument, plying insurance premiums, appearing in court, paying reasonable .lIorncys' (ees and entering on Ihe Propeny 10 make repairs. Although Lender may take aClion under Ihis paragnph 6, Lender does. nol have to do 10. Any amounts disbuned by Lender under this plra.raph 6 shan become'idditlonal debt of Borrower secured by this Securhy Instrument. Unless Borrower and Lender agree 10 other lerms of payment, these 8mounts shall bear inlerest from the date of disburscment atlhe nue Itl fOMh in the Note if permined by law or, If nOl, Illhe highest lawful rate and shan be payablc, with interest, upon nOlice from Lender to Borrower requesting payment 7. Inspecdon. Lender or lis asent mlty make reasonable enlries upon and inspections of the Property. Lender shall give Borrower nOlicc at the time of or prior 10 8n InSIJection speclrying reasonable cause for the inspeclion. 8. COhdemnadon. The proceeds of any award or claim for dalmlges, direct or consequential, in connection wilh any condemnation or other tlkinS of any pan of the Property.,or for conveyance in lieu of condemnation, 8re hereby assigned Ind shall be paid to Lender and applied to the amount secured by Ihis Security Instrumenl, subjecl to the terms of any senior monaage, dced of truSI or other security inslrument, Any excess will be paid 10 (be person. legally emitled 10 h. If the Propeny is abandoned by Borrower, or if, at'ler notice by Lender to BOrTower thai the condemnor offers to make an award or .eule a claim for damage., Borrower r.iI. to respond 10 Lender wilhin 30 days after Ihe dale Ihe lt8dce is slven. Lender is authorized 10 collecland apply lhe proceeds, at its option. either 10 realontion or repair of the property or 10 the sum. .ecured by this Sec:urily Instrument, whelher or nOI then dUe. Unless Lender and Borrower otherwise a8ree in writing, any application or proceeds (0 principal sh~1 not eXlend or poslpone Ihe due dale or Ihe monthly payments referred 10 in paragraph I or chanse Ihe amount or such paymenls,. 9. ;.. .B,ottQwe."N.::f ReIe.5Hi' ,.:.':+,.q;~~'''&i .~I~eI' r;~, ill V;.u,.er~ EXlensions b( the llm~~.i6;~ payment or rilodllicalionsof amonlution of Ihe sums secured by tills Securiry Insrrumenlgranted by Lender to Borrower or 10 any successor In inleresl or Borrower shall not operale to release lhe liability of the original Borrower or Borrower's luccellon In Inleresl. Lender shall nol be required 10 commence proceedings asainsl any successor in inlere.1 or refuse to extend lime for payment or olherwise modify amortization of Ihe sum. secured by this Security Instrument by reason of any demand made by the orialnal Borrower or Borrower'i successors in inleresl. Any forbearance by Lender in cxercising any right or remedy .han not be a waiver of or preclude the exercise of any riShl or remedy. 10. Su~CesSOB and Asslgld Bound; Joint and Sennl U.lll11ty; eo-SlptB. The covenanls and agreements of Ihis Security Inltrumenl shall bind and benefit Ihe succeslorl and assigns of Lender and Borrower subject to Ihe provisions of panaraph 11 (B). Borrower's covenants and a.reemenls shall be joinl and seyeral. Any Borrower who co-signs this Securiry InstrUment bUI does nol exeeule 1he NOle: (I) is co- signing Ihis Securily Instrument only to mong'ge, grant and convey Ihal Borrower'. interest in the Property under the terms or this Security Inslrumenl; (b) is nOI personally oblisaled to pay Ihe suma secured by Ihis Security Inslrumenl and (e) agrees that Lender and any olher Borrower may _cree to extend, modify, forbear or make any accommodations with ltgard 10 Ihe terma of this Security Instru,ncnt or the Nole without Ihat Borrower's consenl and wilhoulthereby impairina that Borrower'. obligations and liabiliry hereunder. J 1. LoM Ctuqes. If ,he loan secured by thil Security "Instrument is. subject to a law or regula lion which sels maximum loan charges, and that law or resulation is linally Interpreted so Iha( (he interest or olher loan chlrlts collected or to be collected in connection with the loan exceed rhe permitted limits, then: (a) any such interesl and/or other loan charges Ihan be reduced by the amount necessary to reduce the inlerestand/or olher loan chUBc.to the permilted limit; and (b) an)' .urn. already collecled from Borrower which exceeded permiued limits will be refunded to Borrower. Lender may choole 10 make Ihis rdund by rcducinS the principal owed under Ihe NOIC or by makins a direct payment to Borrower. Ir a refund reduces principal, the reduction will be lreated .1 . panial prepayment ::. 12. Nndces. Any nolice 10 Borrower provided for in Ihis SecurilY Instrument shall be Biven by d~IiYering it or by mailins it by nnt class mail unless applicable law requires USt of anolher me1hod. The notice shall be directed to tM: Property Address or any other address Borrower d:silnatei by notice to Lender. Any nolice 10 lender shall be liven by finl Clus mail 10 Lender's address slated herein or any other address Lender designnlcs by notice 10 Borrower. Any nolice provided for in Ibis Security Instrument shan be deemed 10 hllve heen given 10 Borrower or Lender when Ilvcn IS provided In Ihis panler.ph 12. eood432 rACE ;861 P^ 15T/;!NIl FIXED RATE MORTOAOE. OENEiRIC IIll)l9S) PAOE301"6 MCOa6XI.PAX . . 13. Gonmlng La,,,; Severnhlllty. This Sec,!IriCy Instrumenl shall.be 80vcmed by fcdcflllaw, iricludlnglhe Ahernative Mang'le Transacdon PariI)' Ace of 1982 a'1d applicable rcgulations if the NOIe is a balloon paymeRI notc, Pennsylvania law and any local law that applies in Ih~; place il.' which the Propcny is located. In the event that any provision or clause of chis Security In'lrumenl or che Note conDlets with applicable law, such conflict shall not arfeel other provisionl of Ihis Security Instrument or the Note which call be siyen effect whhoul the canRiedn. provision. To Ihis end the provisions of Ihis Security Instrument and the NOle arc declared to be severable. )4. Bono\ftr's Copy. Borrower acknowledges receipt of pho1ocory or a conformed copy of Ihe Note and of Ihis Security Jnslrumcnc. 15. Sole or Nole; CIumgc or Loan Semeer. The Narc or a pardal interest in the NOIe (Iogethcr with this Security Instrument) may be sold one or more times wlthoul prior notice to Borrower. A sale may rcsull in a change in the enlity (known as the -Loan Servicer.) Ihal collects mO:lrhly paymcnls due under Ihe Note and Ihill Sccurlly Instrument. There al.o may be one or more tblnses 0:: the Loan Servlcer unrelaled to a sale of Ihe NOle. If Ihere Is . chanse or Ihe LoM Servicer. Borrower w.iIIbc liven wnllen Rolice or the change in accordance wilh paragraph 12 above and applicable law. The nodce will state the nlme and address of Ihe ncw Loan Serviccr and Ihe address to which paymenls should be made. The nOlice will also contain any olher informalion required by applicable law. 16. HazardoU!l Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in lhe Property. Bornwer shall nol do, nor allow anyone else 10 do. anything affeeling the Property that is in violation of any Environmental Law. The preceding IWO senlences shall not apply 10 Ihe presencc. use, or Slorlse on Ihe:; Propeny of small quanlilies or I-Iazardous Substances Ihar are generally recognized 10 be appropriate to Mrmal residential use. and to maintenance of Ihe Property. Borrower shall p1'8'mplly give Lender wriuen notice of Iny investigarion, claim. demand, lawsuit or olher aClion by any governmenlal or regulalory IBency or privale party invoJlvinl Ihe Property and any Haurdou.! Subslance or Environmental Law of which Borrower has aClual kncwledge.. If Borrower learns. or is notified by any governmental or regulalory authority. Ihal an)' removal or olher remediation of any Hl2.ardous Subslance affecling Ihe Property is necessary, Borrower shall promptly lake all necessary remedial aclions in accordance with Environmental Law. . .- AI used in rhis paragl1lph 16, "Hazardous Subsl.nces. are those substances defined as loxic or hU!lrdous subslances by -Env:ronmemal Law ind the fonowing substances: .' gasolii\C', . kerosene, of her. nammable or loJtic pelroleum producls, 10xic peslicidcs and herbicides, volalile JOlvenls, macerials comaining asbestos or formaldehyde, and radioactive malerials. As used in Ihis paragraph 16, "EnvironmeOlaILaw. lIleans federal laws and laws of Ihe jurisdiclion where Ihe Property is located Ihal relale 10 heallh, safelY or environmental prolection. 1,. Lender". RJghtllr Bonowcr V.... 10 Keep PromISCI end Alreements. If any of lhe events or condillon. delCribed In subpara,rapha (A), (8), (C). (D), (E) or (F) 01 'his para,raph 17 shan etcur, .hen (i) if Ihe original principal amount of che NOIe exceeds $50,000, Lender mlY require Ihal Borrower pay immediately the entire amounl remainins unpaid under the Note and Ihis Security Instrument; or (ii) if the original principal amount of Ihe Note is S50,OOO or less. lender. afler livinl Borrower timely notice of Borrower's right 10 cure as is Ihen required by applicable law and Borrower's failure 10 cure wilhin the time period :set rorlh in such nOlice, may require that Borrower pay immediately the entire amounl remaining unpaid under the NOle and Ihis Security Instrument. This requirement will be called .Immediate Payment in Full. . If Lender require. Immedllle Paymenl In Full, Lender may bring a Ilwlult 10 lake away an of Borrower', remaining righu in the Property and 10 hive the Propeny sold. AI Ihla salc Lender Or anolher person may acquire Ihe Propert~ This is known II .foreclosure and laic.. Ir Ihe proceeds of this sale arc insufficient 10 repay Lender Ihe amountl due 10 Lender from Borrower under the: Note and under this Sccurily Inslrument, Lender may. '0 me extent nOI limiled Of prohibited by law, obtain I c;,un judsmenl Igainsl Borrower personally for Ihe difference between all amounlS due from Borrower under lhe Note and this SccurilY IOSlrument and Ihe sale proceeds. In any lawsuit for foreclosure and Slle, lender will hive Ihe nshl to collect all costs and expenles of the foreclo.ure and sllc allowed by Ilw. Thi, includes anorney', (ees and costs of tille evidence perrnlucd by Rules of Coun, Ind .norney's fccs rQr bankruptcy proceedings (including errortslo modify or vacate any automallc .tay or injunction). All such IUMS a. may come due will be secured by the lien of Ihis Sccuril)' lnstrumenl. Lender may require Immediate Payment In Full under this par.gr.ph 17, if: (Al it is due; or Bonow4!r fails 10 make Iny paymenc required by the NOle or this Seeuriry Instrumenl when (n) Except i!11hose clrcum'lances in which fcdenlllaw olherwise ~,rovide., 811 or any part of Ihe Property, or an)' right In''lile Propcny. is sold or Innsferrcd without Lender's prior wrhlcn consent (or. if Borrower is nol a nalUral penon. if a beneficial interesl in Borrower i. sold or transferred); or 'A lSTrlNO FIXED RATE MORT<lAOE. OEf'\lEIUC {ll/SfiSI ,Bod432rAGE .862 'AGE 4 a16 MOOI6XB.PAX . . . (C) On application of Lender. two or more insurance companies licensed to do business in the Slale in which Ihe Property 15 IOelled refuse 10 Issue politics insuring the buildings and improycmenri on the Property; or (D) Borrower f.UIIO make any payment rcqui~ by any stlliar ml)rt.lgc. deed of trusl or other security instrument encumbering or ,<<celinlthe Propeny, or Borrower rails :0 keep any other promise or agreement in any senior mortgage, deed of trusl or other security inslrument encumberins or affecling the Propeny; or (E) Borrower fails to keep Iny olher prornise or agreement in this ~;CCurhy Instrument within the time set forth, or if no lime is set forth in this Security Instrument, then within Ibe lime set forth in the notice Sent 10 Borrower by Lender: or . - (F) Any repre.cntadan made or Inforrmnlon given 10 Lender by Borrower In connecllon Wilh Borrower's application for Ihe loan evidenced by the NOIe is false or misleading ill any malerial respect. 18. Asslgnment or Rent!; Appointment of Reeelver; Lender In Poowlon, AI additional securhy hereunder, Borrower hereby aulgns 10 Lender Ihc rents oflhe Properl)' to Ihe ~Xlent IhaC renls are not being collecled by the holder of an asslgnmenl of renls which hi' priorhy over 1111. Security Inslrumehl, provided 11181 prior to Icceleradon hereof or abandonment of Ihe Property, Borrower shall have the right 10 collecl and relain such renls al they become due and payable. Upon Iccelendon hereof or abandonment of lhe Propcny, Lender, in person, by ageRl or by judicially appoinled rccelver.lhall be endtled 10 enter upon, like possession of and manage the Propeny and 10 collec[ Ihe renlS of Ihe Properl)' IncludlnB those past due, All renls collected by Lender or the receiver shall be applied firsl 10 pa)'mc:m of Ihe COSI. of management of Ihe Properly and collecdon of rents, includina, bUI not Iimhed to, recclver's fees, (lremiums on receiver's bonds and reasonable attorneys' fees, and Ihen 10 Ihe ,umslecurcd by this Security Inslrument Any receiver shan be liable 10 account ani)' for Ihose rents Ictually received. ....' 19, Releae. Upon payment of all sums secured by Ihls Security Instrumenl. Lender shall dischargt Ihis Securicy Instrumenl without charge to Borrower, Borrower shall pay all costs of recordacion, If any. 20. No Claim or Credll ror Taxel~ Borrower will nOl make dedu:tion from or claim credit"'on Ihe principal or interest secured by Ibis Securily Instrumenl by reason of Iny governmental lues, assessments or charges" Borrower will nol claim any deduction from Ihe laxable value of Ihe Properry by reason 'of 1his Securily In'lIum~nt. 2t. Inlerat Rale AherJudgmenl. Borrower agree. challhe interest rale payable aner a judgment is enlered on Ihe Note or in an aclion of moneale foreclosure shall be the ratl! stated in the NOIe, 22. RJdcr3 10 Ihb StcwU)' Il1!tnunenl. If one or more riders Ire executed by Borrower and recorded togecher wilh Ihls Securhy Inslrumcnl, Ihe covenanlS and Igreements of each such rider shall be Incorporaled inlo and shan amend and supplemenl the covenants and agreements of this SecurilY Inslrument as if the rider(l) were I pan of this SecurilY Instrument. (Check applicable box(es)) 0 Adjustable Rale Rider 0 Condominium Rider 0 ,).4 Family Rider 0 Gradualed Paymenl Rider 0 Planned Unl' 0 Biweekly Devciopmenl Rider 'PaymeQI Rider 0 O'her(s) [(specify] 0 Rate Improvement 0 Second Rider Home Rider PA 1ST/2ND IfJXED RATE MOIlTQAOE. Gl:NEkIC 11l/Sf9Sl Bood432 tAGE .863 'AOE Sor6 ",onI6XB,'AX . "'- . iN WITNESS WHEREOF, Borrower hai executed this Monglse. " WilDess: / / . fi./~ Borrower Borrower Borrower I hereby cenify that the precise address orlhe Lender (Monglgce) is: 4909 Louise Drive, Suite 106 .0 ~ Mechs.n1csburg, PA 17055 On behalf of the Ltnder. By: Stephen [ Gebhardt Tille: Msnager COMMONWEALTH OF PENNSYLVANIA. Coumy..: (~,.,'::oc..l...... On Ihis, the 12th day of February . 19~ before me. III Nnt.RT'Y' 'Pnhlir..::il Ihc undersilncd officer, penonlUy appcIIl:d KEIlNETIIlI. SMITH and SHARON L. SMITH. husband and wife. known to me (or satisfactorily proven) (0 be the pcnon(.) whose namc(.) are subscribed 10 the within instrument and acknowledged Ihal they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto se nd orrlCi~Yi.r)' u,~uttfrl- .' \ NOTARIAL SEAL \ DAVID H. SlONE, Notary Pu1andbllceo Now Cumbe<1and BOlO. Cumber . , My CoiMlIssIon fJqlileS Nov. 9, 1998 AFTER RECORDING RETURN TO: :>:~ti~:tr~:f,f.~~~0J:'\ '~'''I'' .cr.,.'.'......'I",.'.. .. v~,' ,"'2, .;ti~-:,..:,'- ':,..~,..;2:~'".::.'~ '," ......~,Of:'..,~"';I,", ":IOlt"" , ''''.il'''' ..~~~-' ~!.:., i ~~~::;;~,..i ~i,,,,~~,(,'.':'" '~~;~i;~"...,'''~ '.."..::'I.,;..,,~,.., My commhi:sion expires: Equity One, Incorporated 4909 Louise Drive, Suite 106 Mec~A~1csbur~~ PA 17055 8ooK1432 '4CE .864 )'A ISTlZNJ> F1XtiO RATE MOR'TCiAOE . Ol!:NERIC UV'I95J PAGE6uf6 MGlJI6)C8.PAX o ~:~~~~:,I~~AANCECoMr_ File No. P107,400 '. , ," LEGAL DESCRIPTION D_.__~~---~---------=__=_==_===~~_~___=~a___=~~=~_~=_=====~===== ALL THAT certain Lot or piece of ground situate in South Middleton Township, Cumbelrand County, Pennsyvlanisl being Lot No.5 on Planef Bar-Jen Heights. recorded in Plan Book 20. Page 85. more particularly bounded,and described as follows, to wit: . BEGINNING 'at a point on the Northern side of 'l.'ownshi.p Road T-473 a't the di v'iding line between Lots Nos. 4 and 5, of section "e" r on the hereinbefore mentioned Plan of Lots 1 thence along the Northern side of Township Road T-473, North 82 degrees 30 minutes West, a distance of 100 feet to a point on the dividing line between Lots Nos. 5 and 6, of Section "C", on said Plan; thence along said dividing line, North 7 degrees 30 minutes East, a distance of 142.36 feet to a point on the dividing line between Lots Nos. 2 and 5, of Section lie", on said Plan; thence along said dividin line, North 35 degrees 33 minutes 20 seconds East, a dis- tance of 50.55 feet to a point on the dividing line between Lots Nos. 3 and 5, of Section lie", on said Plan; thence along said dividing line, ]puth 54 degrees 26 minutes 40 seconds East, a dis- tance of 86.38 feet to a point on the dividing line between Lots Nos. 4 and 5, of Section nell, on said Plan; thence along said dividing line, South 7 degrees 30 seconds West, a distance of 146.34 feet to a point on the Northern side of Township Road T-473, the place of Beginning.. ._ BEING Lot No.5, of Section lie'., on the Plan of Bar-Jen Heights. BEING part of the same_ premises which Samuel C. Garonz1k and Barbara R. Garonzik, his wife, and Peter J. Shue and Jenny Lee ShueJ his wife, by their deed da~ed September 7, 1976 and recorded Sep~ember 9. 1976 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book U, Vol. 26, Page 90, granted and conveyed .unto Kenne~h W. Smith. Mor~ga&or herein. PA3 8od432PAGE oS65 VERIFICATION The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties ofl8 Pa. C.S.A. 94904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his/her information and belief. -~~.1 -,-/'~~. ~ -lQ. G N ~ ....0 0 CI'? 0 C:;:> C:::J --n ft. .lrt c .z:- ..... ~. '. ;'1';'" :T:-n r'"': ; ;-1 C-.: nlf~ ~ C;-'~ -0;11 ......... () f'<.' -00 ~ ,i. C' (---!,:, ~ - ~ ~"'.l 22iA -..0 , =~: ~~~)rn ~ ~ f:'-~) u__, }e:' C')o ~~) ~ ....;. - _J ~ ---t... SHERIFF'S RETURN - REGULAR CASE NO: 2004-04266 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS SMITH KENNETH W ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH KENNETH W the DEFENDANT , at 1411:00 HOURS, on the 7th day of September, 2004 at 304 SAND BANK ROAD MT HOLLY SPRINGS, PA 17065 by handing to SHARON L SMITH, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.18 .00 10.00 .00 33.18 So Answers: .r~~..e<~ R. Thomas Kline 09/08/2004 GRENEN & BIRSIC Sworn and Subscribed to before By: h/( Deputy Sheriff ...- me this 1(, ~ day of 4-trivfi.. - ,2oz;'f A.D. n.,~ Q );",jt1.1.<..' d,~ '- /' /Prothonotary . · SHERIFF'S RETURN - REGULAR CASE NO: 2004-04266 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NA VS SMITH KENNETH W ET AL RONALD KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH SHARON L the DEFENDANT , at 1411:00 HOURS, on the 7th day of September, 2004 at 304 SAND BANK ROAD MT HOLLY SPRINGS, PA 17065 by handing to SHARON L. SMITH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r;r.'l"';/ ~~ ,!F~ ,. ..... ~~,. :,~.'['..",,'.",,~~ .#,.~:n-:',.c. .~," ,/ ~... ,.IV' ,"';0 . .{.~ ~".."';,' R. Thomas Kline 09/08/2004 GRENEN & BIRSIC Sworn and Subscribed to before By: ~{~ Deputy Sheriff me this It. '!::: day of ~..e.nJJ-u J eX do 'f A . D . 0Lt~.. 0 )pr.iR,., ~ 'fp~othonotary I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM ISSUE NUMBER: vs. KENNETH W. SMITH AND SHARON L. SMITH, TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. CODE - I hereby certify that the address of the Plaintiff is: 909 Hidden Ridge Drive Suite 200 Irving, Texas 75038 FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. the last known address of the Defendants is: 304 Sand Bank Road Mt. Holly Springs, PA 17065 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. ~ 12<" L ^- t:nLaL LA-&-1I.--' Att neys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.:04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against the Defendants, Kenneth W. Smith and Sharon L. Smith, in the amount of $98.035.42 which is itemized as follows: Principal Interest to 10/14/04 Late Charges to 10/14/04 Escrow Deficiency to 10/14/04 Corporate Advances Title Search, Foreclosure and Execution Costs Attorneys' fees TOTAL $ 83,909.72 $ 5,009.81 $ 1,432.98 $ 4,139.16 $ 243.75 $ 2,500.00 $ 800.00 $ 98.035.42 with interest on the Principal sum at the rate of $22.07 per diem from October 14. 2004 and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. ./'~.:Ju.. .<. b,}.6:1 ~ /...( A- Krist'ne M. Anthou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. /'~(U( -<-6.( C/...L(j,,&-,-- Sworn to and subscribed before me this~day Of~ '-- , 2004. c!!UA1d~~ tJ. - Notary Public - COMMONWEALTH OF POI,.,SYLVANIA NoIari;:a:if.:i'" Gerald L Patte. I:. :\I(1f8f)< ....JbI"rc QyClfPl\1sbt;'Ii" ..JIt;c"e,,', .;runly My~.F.:V'!~~.'\.:.'" "II, dXJ7 Member. Pennsyr~a~~;ASiocl:n'I'I~.. S, N~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH I, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM Ys. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. TO: SHARON L. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 DATE OF NOTICE: September 28, 2004 You have been sued in court. If you wish to defend against the claim 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. NOTZCB :ro DBPIDID 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 TIfO LIBERT!' AVENUE CARLISLE, PENNSYLVANIA 17013 800 990-9108 FIRST CLASS MAIL/POSTAGE PREPAID GRE~EN ~ .BIR~:5; P. C. . By: ~12( (~, ~(. IIL,!-",-- Att eys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VB. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. TO: KENNETH W. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 DATE OF NOTICE: September 28, 2004 NOTICB TO DBFBIIID You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBBRLAND COtINTY BAR ASSOCIATION TIfO LIBBR'l'Y AVENUE CARLISLB, PBNNSYLVANIA 17013 800 990-9108 FIRST CLASS MAIL/POSTAGE PREPAID GRENEN & BI~SIC,. P.C. By: ~u(..(.... <-Ix a^-(;( c."'"L. At eys for Plaintiff One Gateway Center, Nin~h Floor Pittsburgh, PA 15222 (412) 281-7650 i~ p ~ ~ -;-0 8 F ..... ~ ..(l rl w ~. ~ ~ - (?2 ~ -t:- 0 ..., r:-""' ~) , < " , , ~ , , r.> .... " , -r - . 0" 1 }"l f',' -l"'!o._;:1 ! .' -. CJ , ., , I , ~.--; , , ::-- I i , .... ; " " , , I .~ , " , :"..! ',. -- , , OJ .....: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04 -4266 CIVIL TERM VB. ISSUE NUMBER: KENNETH W. SMITH AND SHARON L. SMITH, Defendants. TYPE OF PLEADING praecipe for writ of Execution (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, N.A., et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire pa 1.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION 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. Cumberland Issue writ of execution in the above matter to the Sheriff of for debt, interest and costs, upon the following described property of the defendant(s) 304 Sand Bank Road, Mt. Holly Springs, PA 17065 Caption: LaSalle Bank, N.A.. f/k/a LaSalle National Bank, aa Trustee Under the pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1 vs. Kenneth w. Smith and Sharon L. Smith TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other 04-4266 CIVIL TERM FileNo. Amount Due Interest Ally'S Comm Costs $98,035.42 5,517.38 County, PRAECIPE FOR AlTACHMENT EXECUTION issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ,"/ 10/14/04 .'7J, ~(a Signature: ./ 'C -'--0<... Ltc - '---LA.J_I,~ Krtstine M. Anthou Date Print Name: One Gateway Center, Ninth Floor Address: Pittsburgh, PA 15222 Plaintiff Attorney for: Telephone: Supreme Court 10 No.: 412 281--7650 77991 (over) r::J ~ t~ - ~ ~ w JlJ-o~-"",~ '" - ..... :f/:. . ..... . . . .... \v ~ t "" . - "'c~B:"i> ~..o o g ~ t' C' 0 "\) () I I I , ~(".. fES' I I ~f! 2 ~~ ... .. ... .. ::~ .. .. ... .. .. .. .. ;~ ;:So .. ... .. .. - - -I- . ~ .! n "" " 'J , C":.,,> ~ ; , ...- " ..,' :':-~ , " " -; ; , i , ".l -'., , , c_~ " , '.--.' ,. - , , " .~'- i , , " ; - , . ,- , ,- r-.,) .' -~ '" '" WRIT OF EXECUTION and/or A TI ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4166 Civil CIVIL AcrION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, intereSt and costs due LASALLE BANK, N.A., FIKIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintlff(s) From KENNETH W. SMITH AND SHARON L. SMITH (t) You are directed to levy upon the propenyofthe 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 attacbment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 598,035A1 Interest 55,517.38 Atty's Comm % Atty Paid 5131.18 Plaintiff Paid Date: OCTOBER 10,1004 L.L. 5.50 Due Prothy 51.00 Other Costs CURTIS R. WNG (Seal) prothon~ (:) ~ '-.By: I'lA. If ~ . /'fiA-""~ r Deputy REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQIDRE Address: ONE GATEWAY CENTER, NINTH FWOR P1TISBURGH, PA 15111 Attorney for: PLAINTIFF Telephone: 411-181-7650 Supreme Court 10 No. 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 199B, SERIES 199B-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. Al!'I'IDAVIT 01' LAST KN01O\' ADDR.BSS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and conunonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065 are Defendants, Kenneth W. Smith and Sharon L. Smith, whose last known address is 304 Sand Bank Road, Mt. Holly Springs, pennsylvania 17065 to the best of her information, knowledge and belief. /"C<- vi.. ((L c:..JI (LA. i..t d"L- I SWORN TO AND SUBSCRIBED BEFORE OF ~ LL1....; ME ,2004. COMMONWEAL':~F~PENNSYLVANIA U&l81(lL _ ). -.v1'Ubk: Cil) Ol ''i\lIIWQI. ~ Ccllr1Iy MyCOr.._,l.\lIj.." Dee, 10. '1II11 Momblr, Plnnoy"'.nl. Alooi:lolion 01_ ',0 n ,... ..:j r" .c" "-> ~ ':7. t :1 ~ ;. 0; ._, -,- f.1 ~: . ,"". -.~l!"l' -.-,(". , " ..~: i . --' ~,) c:;. ~" ",.:-" ...: '-/': .; -' :;.1 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. AFFIDAVIT OF COMPLIANCB WITH ACT 6 OF 1974. 41 p.S.101. BT. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the plaintiff, who being duly sworn according to law deposes and says that on or about July 23, 2004, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. S101, et seq. /- ,/1 ( /:. { ,/ ~AU ,i.../Ii.Lh fJ(.A{. LA 'A....-.- SWORN TO AND SUBSCRIBED BEFORE ~,2004. COMMONwEALTH OF PENNSYLVANIA _SIal Gerald L. """"'.Jr. Notary PuIiIIc: CIIy 01 P1IlIbuIgh, ~ Col.nty My c.....IIwIi., E""'f1M Dee. 10. 2tI11 ---.Penn.,.._-....OI~ n " " ", ..: ......, "'":1 ~~ ~.-:. " a C.' :.:-~ I;i:;"j , - ":-r'r"j ";lCi .-,,.1 I.... _.~ 1'.) CJ :'r:':' ',_. J "I-r :, u:" ", ./'-- r. ,.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. AFFIDAVIT PURSUANT TO RULB 3129.1 COUNTY OF ALLEGHENY ) ) SS: ) COMMONWEALTH OF PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the pooling and Servicing Agreement Dated March 1, 1998, Series 1998- 1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065, and is more fully described as follows: ALL THB RIGHT, TITLB INTBRBST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THB FOLLOWING DBSCRIBBD PROPBRTY: ALL THB FOLLOWING DBSCRIBBD REAL BSTATB SITUATBD IN THB TOWNSHIP OF SOUTH MIDDLBTON, CITY OF lIT. HOLLY SPRINGS, CUMBBRLAND COUNTY, PBNNSYLVANIA. HAVING BRBCTBD THBRBON A DWELLING ON TRACT TWO BBING KNOWN AS 304 SAND BANK ROAD, lIT. HOLLY SPRINGS, PENNSYLVANIA 17065. DBBD BOOK VOLUME U 26 , PAGB 90. TAX MAP NUMBBR 40-32-2334. PARCBL NllMBBR 042. 1. The name and address of the owners or reputed owners: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 2. The name and address of the defendants in the judgment: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et a1. Plaintiff South Middleton Township Municipal Authority PO Box 8 Boiling Springs, PA 17007 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et a1. Plaintiff Banc One Consumer Discount Company 5001 Louise Drive Second Floor Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax Assessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 . 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 7. The name and address of every knowledge who has any interest in by the sale: other person whom the plaintiff has the property which may be affected Tenant (s) or Current Occupant (s) 304 Sand Bank Road Mt. Holly Springs, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. BY: J/~x."J( L,l JJ. ( {,(~ Ue G"--- Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this iS11:L ay of ~,2004. MMONWEA L TM OJ: PENNSYLVANIA Gera N-Jim81 St'.oil klL,....... " ,......_. CllyOl~' , '--,Pullllc r.tJCll.,.,~.~~YCounty IIomboi' ","", 1 O. 2Oll7 . PennIYiV.nll"'oo_ or NaMoi .' ' f~. ,,-- :.d . . ...., 1':., n ....l '" :.-:-! r::~ c; : {(ji::'~ -~I"!'"' -'!C' , -,' ", c-..) ;:~ ,'OJ '." :':"d '-;~ r'..l ..- ..)',; ~. I .-< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4.266 CIVIL TERM vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. TO: KENNETH W. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 NOTICB OF SHBRIFF'S SALB OF RIAL BSTATB TAKE NOTICE that by virtue of the above Writ of Execution issued out of the COurt of Common Pleas of CUmberland County, PennsYlvania, and to the Sheriff of CUmberland County, directed, there will be exposed to Public Sale in the on March 02, 2005, at 10:00 A.M., the fOllowing described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: CUHBBRLAND COUNTY COURTHOUSB COHHISSIONERS' HEARING ROOM, SBCOliD FLOOR ONE COURTHOUSB SQUARB CARLISLB, PENNSYLVANIA 17103 ALL THB RIGHT, TITLB INTBRBST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THB FOLLOWING DBSCRIBBD PROPBRTY: ALL THB FOLLOWING DBSCRIBBD REAL BSTATB SITUATED IN THB TONNSHIP OF SOUTH MIDDLBTON, CITY OF NT. HOLLY SPRINGS, ctlHBBRLAND COUNTy, PBNNSYLVANIA. HAVING BRBCTBD THBRBON A DWELLING ON TRACT TWO BBING lCNOKN AS 304 SAND BANK ROAD, NT. HOLLY SPRINGS, PBNNSYLVANIA 17065. DBBD BOOK VOLUHB U 26 , PAGB 90. TAX HAP NUMBBR 40-32-2334. PARCBL NUMBBR 042. The said Writ of Execution has been issued on a jUdgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $103,552.80. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a jUdgment against you. It may cause YOur property to be held or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717)249-3166 (800)990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the jUdgment or a petition to stay the execution. If the jUdgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortaaae Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the jUdgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the jUdgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the jUdgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: v~'lu. IJ2 L '-"(H(.'{;':.IC {/I, {~ Kristine M. Anthou, Esquire Attorney for Plaintiff ? "" < " r , < " .', I r-:~ .-. .', (n ~ -I i i?- ",' -", '"'1 l. 'i ! " 0 ! , , , , ; ~:. ; =L.. : " , ,- , , 1 , ".':':": -: :~ ~ N ,', , .. . .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICB OF SHBRIFF'S SALB OF REAL BSTATB TO: SHARON L. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CtlMBBRLAND COUNTY COURTHOUSB COMMISSIONERS' HEARING ROOM, SBCOND FLOOR ONE COURTHOUSB SQUARB CARLISLB, PENNSYLVANIA 17103 on March 02, 2005, at 10.00 A.M., the following described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: ALL THB RIGHT, TITLB INTBRBST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THB FOLLOWING DBSCRIBBD PROPBRTY. ALL THB FOLLOWING DBSCRIBBD REAL BSTATB SITUATBD IN THB TOWNSHIP OF SOUTH MIDDLBTON, CITY OF NT. HOLLY SPRINGS, CtlMBBRLAND COUNTY, PBNNSYLVANIA. HAVING BRBCTBD THBRBON A DWBLLING ON TRACT TWO BBING KNOWN AS 304 SAND BANK ROAD, NT. HOLLY SPRINGS, PENNSYLVANIA 17065. DBBD BOOK VOLUME U 26 , PAGB 90. TAX HAP NtlMBBR 40-32-2334. PARCBL NtlMBBR 042. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, V5. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $103.552.80. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle. PENNSYLVANIA 17013 (717) 249-3166 (800)990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the jUdgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortqaqe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the jUdgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: c/~ I2LU .1)/(l K L-t. ,<'",,- KIts ine M. Anthou, Esquire Attorney for Plaintiff .... r~~ '. ", -< ..., ~-, ~::~ C".~ .... c;. - "j ::;.f I'i.:- ~...,!: 1 I ~-:J : I 1 ... ! ~ .:.~ \"".' o :--., ., ~ \.1':'1 lti -, ,,, .....;: LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. ALL those certain lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, being Lots Nos. 2 and 4 on the Plan of Bar-Jen Heights, recorded in Plan Book 20, at Page 85, more particularly bounded and described as follows: LOJICJ ftmIr DlISCRIPrIOB' TRACT NO.2: BEGINNING at a point on the Northern side of Township Road T-473 at the dividing line between Lots Nos. 4 and 5, of Section 'Cw, on the hereinbefore mentioned Plan of Lots; thence along the Northern side of Township Road T-473, North 82 degrees 30 minutes West, a distance of 100 feet to a point on the dividing line between Lots Nos. 5 and 6, of Section 'Cw, on said Plan; thence along said dividing line, North 7 degrees 30 minutes East, a distance of 142.,36 feet to a point on the dividing line between Lots Nos. 2 and 5, of Section 'Cw, on said Plan; thence along said dividing line, North 35 degrees 33 minutes 20 seconds East, a distance of 50.55 feet to a point on the dividing line between Lots Nos. 3 and 5, of Section 'C., on said Plan; thence along said dividing line, South 54 degrees 26 minutes, 40 seconds East, a distance of 86.38 feet to a point on the dividing line between Lots Nos. 4 and 5, of Section 'Cw, on said Plan; thence along said dividing line, South 7 degrees 30 seconds West, a distance of 146.34 feet to a point on the Northern side of Township Road T-473, the place of Beginning. BEING Lot NO.5, of Section 'Cw, on the Plan of Bar-Jen Heights. SUBJECT to building and use restrictions of Bar-Jen Heights dated April 10, 1968, and recorded in the Office aforesaid in Misc. Book 185, Page 477. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 Sand Bank Road, Mt. Holly Springs, PA 17065. Tax Map Number: 40-32-2334. Parcel Number: 042. BEING the same premises which Samuel C. Garonzik and Barbara R. Garonzik, his wife and Peter J. Shue and Jenny Lee Shue, his wife, by deed dated September 7, 1976 and recorded on September 9, 1976 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume U 26, Page 90, granted and conveyed unto Kenneth W. Smith and Sharon L. Smith, his wife. GRENEN & BIRSIC, P.C. By: c./~aL UL~~-c:..---- Krist1ne M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV Page Tax Map No. Parcel No. U 26 90 40-32-2334 042 SHERIFF'S :SALE DATE: MARCH 02, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04 -4266 CIVIL TERM ISSUE NUl1BER: VB. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c) (2) LIENHOLDER AFFIDAVIT OF SERVICE CODE - FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM YS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. Pa. R.C.P. RULE 3129.2(c) (21 LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated October 26, 2004, unde:rsigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1, U. S. Service Postal Form and 3877, and any letters, if returned as of this date, are marked Exhibit "All, attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. BY: GRENEN & BIRSIC, P.C. /C(--v-p c (. k~0u t2/l (.(..cr-<-~ Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this " o-+-,ll , day of 0 t'.UA'i~ ~ ~ A'-tAOa:ti:c}\ . C_ Notary Public , 2005. COMMONWEA=~N~NSYLVANIA Gerald L. PotIer. Jr.. Nolaty Pulllic City Of f'itIsbur\tl. AIegheny County My Comrnissit.l Expi~~~. 2007 Member. Penosylvama Association Of Notaries . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. AFFIDAVIT PURSUANT TO RULE 31:19.1 COUNTY OF ALLEGHENY ) ) ss: ) COMMONWEALTH OF PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998- 1, Plaintiff in the above action, sets forth aB of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, PennBylvania 17065, and is more fully described as folloWB: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUJ\TED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF NT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, NT. HOLLY SPRINGS, PKNNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. . . l. The name and address of the owners or reputed owners: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 2. The name and address of the defendants in the judgment: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whoBe judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff South Middleton Township Municipal Authority PO Box 8 Boiling Springs, PA 17007 Commonwealth of FA Department of Welfare P. O. Box :2675 Harrisburg, PA 17105 4. The name and address of the last record holde,r of every mortgage of record: LaSalle Bank, et al. Plaintiff Bane One Consumer Discount Company 5001 Louise Drive Second Floor Mechanicsburg, PA 17055 5. The name and address of every other perBon who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, FA 17013 Tax ASBeBBment Office Cumberland County Courthouse One Courthou:se Square Carlisle, PA 17013-3387 . . 6. The name and address interest in the property sale: of every other person who has any record and whose interest may be affected by the None 7. The name and address of every knowledge who has any intereBt in by the sale: other person whom the plaintiff has the property ~Ihich may be affected Tenant (s) or Current Occupant (s) 304 Sand Bank Road Mt. Holly Springs, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. BY: ~~QLC,L0(d'oL<A.(.h- Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and Bubscribed before ,2004. COMMONWE'i:;,:H OF PENNSYLVANIA Oerala L I1al &&1 CIlyOf~' Jr. i'<Olary PuDllc ~~ ...:.,Al/egheny County UoInbW ........"" Dec. 10, 2007 , P.....}'Ivanlll Aa......-.-- -..., 01 NOIatieI ;& Ii ;-ol !" f'l ~ f" !'> ,.. z .. i ~ i' ~..~ ii ! ~z ~~ r ... I ~ ~. !l ~~d .. ~~ en i. rT ~~ en ..... I rT CD n ~:=! j '"' en :i i ~~ en W ~~~ ~ ....... ~ ...... So tg III . B. rT I . ~ ~ Ii rT rT [i ~;r> ..... 0 0 g Hl ....zCl) l rT Hl U't_5 III i!:- Hl en ~ "'z '"' ..... "'m f en n g ~ N~ - ....... CD. Hl ~ ..... m ~ , -0 ~ all . !l'~ ooool.~ o .....8' .~. ~ f lfPI 11 OJen>Ci ~!~~ I!! I II ! ~ I..no ~~ Hl ~~~I I f ..... ..... ...... ..........0 s ..... .Hl ..... ...... .0000 . o. I!l f ~! ffn I..n .CD ~ g I II j II f I '" .. = , . . . .. I l w w . . w' w w w w ....., ..... ..... a ---.J oJ ..... ..... ... !I " ~ i~i~r~ . . . . . '& , . ~ ~ ~ ~ · ~Ii.t [f c" ~ 0 ~ ~ i.1 f III r i 'a ~ 'Or .5 i l i f i g f i! -'. : ~.; ~ ". : to .: '.' '::: ' ~ ,. . ~" .,' .:.''':;' ;-:. ,-': . ." ,e . i'~ , c- -r.~ t (-\ ;\' '- -' - -- . LaSalle Bank, N.A., flk/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March I, 1998, Series 1998-1 VS Kenneth W. Smith and Sharon 1. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4266 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on December 07, 2004 at 8:04 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Kenneth W. Smith and Sharon 1. Smith, by making known unto Kenneth Smith, personally and adult in charge for Sharon 1. Smith, at 304 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states that on January 03,2005 at 12:48 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth W. Smith and Sharon 1. Smith located at 304 Sandbank Road, Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kenneth W. Smith and Sharon 1. Smith, by regular mail to their last known address of304 Sandbank Road, Mt. Holly Springs, PA 17065. These letters were mailed under the date of December 29,2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kristine Anthou. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Surcharge Mileage Postpone Sale 30.00 19.37 15.00 15.00 .50 1.00 15.00 30.00 8.88 20.00 Certified Mail Law Journal Patriot News Share of Bills 1.95 404.95 415.66 30.73 $1,007.99 ;9Z~~~ . . Sworn and subscribed to before me This ~ day Oft).. _ 2005, A.D. ~" r2 )z",Cf-,..-' ~ P othonotary , R. Thomas Kline, Sheriff By"lll~ Real Estate eputy . I. jiJ Ck. .',/tJ/09 ~ /t..:J JJ'I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM vs. KENNETH W. SMITH AND SHARON L. SMITH, DefendantB. AFFIDAVIT PURSUANT TO RULE 3129.1 COUNTY OF ALLEGHENY ) ) SS: ) COMMONWEALTH OF PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, aB Trustee Under the pooling and Servicing Agreement Dated March 1, 1998, Series 1998- 1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution waB filed the following information concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. / I 1- The name and address of the owners or reputed owners; Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 2. The name and address of the defendants in the judgment: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff South Middleton TOwnBhip Municipal Authority PO Box 8 Boiling Springs, PA 17007 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff Bane One Consumer Discount Company 5001 Louise Drive Second Floor Mechanicsburg, PA 17055 5. The name and address of every other perBon who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax DiviBion Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax ASBessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 / I 6. The name and address of every other perBon who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every knowledge who has any interest in by the sale: other person whom the plaintiff has the property which may be affected Tenant (s) or Current Occupant (s) 304 Sand Bank Road Mt. Holly Springs, PA 17070 I verify that the statements made in the Affidavit are true and correct to the best of my perBonal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unBworn falBification to authorities. BY: ~~\U c/c0( {,{.'.c (...t.~?--...- Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this J~_ ay of ,2004. OMMONWEAl rH OF PENNSYLVANIA Gelllla ~ NaIonsf ~., CIlyOfl>Ui....~' J'_ '''<lI.Ilry Public My~wn'~YCounty AIemboii Pen ExptrS Dec. 10,2007 . llSyIv""", AelOCOlllon Of NcIarioiii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO : SHARON L. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution iSBued out of the Court of Common Pleas of Cumberland County, PennBylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on March 02, 2005, at 10:00 A.M., the following described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $103,552.80. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceedB must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PENNSYLVANIA 17013 (717)249-3166 (800) 990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rightB, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortqaqe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may alBo have the right to have the judgment stricken if the Sheriff haB not made a valid return of service of the Complaint and Not~ce to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of Bervice or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: ~ Q<---e"- J::-:;( (l A- (,,.{. "<.~ Kris ine M: Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: KENNETH W. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on March 02, 2005, at 10,00 A.M., the following described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY, ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL N"UMBER 042. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $103,552.80. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of DiBtribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to DiBtribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sherif f . This paper is a notice of the time and place of sale. It has been issued because there is a judgment against you. It may cause your property to be held or 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle. PENNSYLVANIA 17013 (717) 249-3166 (800)990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rightB, prompt action on your part is necessary, You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay'the execution. . If the judgment was entered becaUBe you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortqaqe Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE. OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: J;tu ilL '- U'~Jv7CUA {A- {'--. KriBtine M. Anthou, EBquire Attorney for Plaintiff , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. LONG FORM DESCRIPTION ALL those certain lots of ground situate in South Middleton TOwnBhip, Cumberland County, PennBylvania, being Lots Nos. 2 and 4 on the Plan of Bar-Jen HeightB, recorded in Plan Book 20, at Page 85, more particularly bounded and described as follows: TRACT NO.2: BEGINNING at a point on the Northern side of Township Road T-473 at the dividing line between LotB Nos. 4 and 5, of Section .Cn, on the hereinbefore mentioned Plan of Lots; thence along the Northern side of Township Road T-473, North 82 degrees 30 minutes West, a distance of 100 feet to a point on the dividing line between Lots Nos. 5 and 6, of Section "C", on said Plan; thence along said dividing line, North 7 degrees 30 minutes East, a distance of 142.,36 feet to a point on the dividing line between Lots Nos. 2 and 5, of Section .C", on said Plan; thence along said dividing line, North 35 degrees 33 minutes 20 seconds East, a distance of 50.55 feet to a point on the dividing line between Lots Nos. 3 and 5, of Section "cn, on said Plan; thence along said dividing line, South 54 degrees 26 minutes, 40 seconds East, a distance of 86.38 feet to a point on the dividing line between Lots Nos. 4 and 5, of Section .Cn, on said Plan; thence along said dividing line, South 7 degrees 30 seconds West, a diBtance of 146.34 feet to a point on the Northern side of Township Road T-473, the place of Beginning. BEING Lot No.5, of Section .C", on the Plan of Bar-Jen Heights. SUBJECT to building and use restrictions of Bar-Jen Heights dated April 10, 1968, and recorded in the Office aforesaid in Misc. Book 185, Page 477. . HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 Sand Bank Road, Mt. Holly Springs, PA 17065. Tax Map Number: 40-32-2334. Parcel Number: 042. BEING the same premises which Samuel C. Garonzik and Barbara R. Garonzik, his wife and Peter J. Shue and Jenny Lee Shue, his wife, by deed dated September 7, 1976 and recorded on september 9, 1976 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume U 26, Page 90, granted and conveyed unto Kenneth W. Smith and Sharon L. Smith, his wife. GRENEN & BIRSIC, P.C. By: J~aLu---~(tb-~ Kristlne M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV Page Tax Map No. Parcel No. U 26 90 40-32-2334 042 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4266 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A., F/KIA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff (s) From KENNETH W. SMITH AND SHARON L. SMITH (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 gamishee(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) Ifproperty ofthe 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 $98,035.42 Interest $5,517.38 Atty's Comm % Atty Paid $131.18 PlaintitIPaid Date: OCTOBER 20, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: ONE GA TEW A Y CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Real Estate Sale #06 On November 19,2004 the Sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 304 Sandbank Road, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 19,2004 By: JfH"I~;1h Real ist;~ D~~~ (( :Zl d OZ 130 ~UUl '<Jd 'Utlno:! Gl'l'i'ltJ3S\'l16J ,1,11l:l3I-1S 31-11 303313 ~ ~/) ~<6.~ ~ ~ . . . 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 James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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 smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 18th and 25th day(s) of January and the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all ofthe allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION , 'J vL .................................................................................................. , NOTARIAl SEAL Terry L. Russell, No Oty of Harrisburg, Dauphin COU\II{) My Commissjon Explr n expires June 6 2006 Member, PennsylvMlaAs!\f}c-ia lonolNotarie9 l COpy SALE#6 Sworn to and subscribed before me CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 415.66 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By______________.______..______...____.__________..__________________. . . .~IUlIJ" !IlL- .....111 " ...~. 1..lIS8IIe..... tu., tIIrIa ~ tIIolI ........ ~ l'f' _ 'I............. Ind "}..'~l. ....1. DIIliIf. .. 'IIiilIii 1,1-' ' .....1_1 Va KaJI;J.b.iI. w.SmIth and ........ L 8mIIII AIIr; ~=- ,~UWf . AIL 'Im'lI!CliKI'AIN 10lI of groomd _ .in _ Middleton Township. - . 1!ollI~. l'enosyMmia. beiog lm Noo. 2 .... 4 III tile Plan of a..1al .1\IiiID. _inPlan_:ZO'."""ss..... I pri:uIody~""-,,- 11IAtTNO.2: lIIlGIIIiNINGaI.poiutem tIIe-.aidetl'lbnlllipRoadT-473 II tile ci>ici!I iIo ... Looa N0I.4 .... S. of _ICt, em tile 1:0-" r .. ........ Plan . of Looa:d!laa:o ~ IblJm aide of :It ~ ....1'41.l._ 82 ....... 30 .......1l\It.......ofiOIH......,....... i ....... iIo........l.(jj 'Noa. S .... 6.0{ -lCt,...IIidPlan:lIleacealoo&lIid cImdiDJ line, - 7 dopes 30 miDula EIIl. a -of14236lecttn.poiutootlledimag IilIc......Looa)loa. tllldS of 'if" ,;t'..lit'!!!!! '. , " ...."!~'=~ u... . -'i ..... 26 Dlinutes, 40 6'oonds EIIl. a ditIiilr #1tJ8 feet .. a poiut on ..~... _lm NOI. 4.... S. ofScdionlCt,... said Plan: IIleace aIoog IIid cImdiDJ line, Soulh 7 dqpccs 30 _ West, a <lis""" of 146.34 . feet to apoiut... tlleNmtbein side ofTownsbip Road T-473. tile pIal:e ofBI!GlNNING. BEING Lot No. S. of Sedion lCI, em !be Plan ofBar.JeoJleigbls. . SUIlJIiCf to boildiog 1IId..._ of Bar.Jen IIci8hb daled Api! 10. 1968. and _intlleOlliceafolosaidinMise.BooI: l8S,l'qe 477. HAV\Nli """" tberoon a dweUing on Too Two being known as 304 Sand _ Road, MI. HollySpriD&s.PAI706S. TaxMapNo'1"32-2334; l'a11:el No. 042_ BEING tile...., pemises .rnich Samoel C. Garoozik and _ R. Garomik. his wile.1IId I'ek<. J. Shue and Jenny Lee Shoo, hia -.iIe. by deed daled SqllaIher 1,'1976111d _... SqiIaD-her 9. 1976 in tile Offi<e of tile llecotdo< oflleedsbC I ....COooIyin~Book Vol-.... U~ ....9Il,...........<:llIlYeyed ooto_W._...._L-... ..... . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 14,21,28,2005 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. -- SWORN TO AND SUBSCRIBED before me this 28 day of January. 2005 ~~<~) "..~dfJA/ Notary REAL ESTATE SALE NO. 6 Writ No. 04-4266 Civtl Lasalle Bank. N.A.. fjkja Lasalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998. Series 1998-1 vs. Kenneth W. Smith and Sharon L. Smith Atty.: Kristine M. Anthou LONG FORM DESCRIPTION ALL those certain lots of ground situate in South Middleton Towll- ship. Cumberland County, Pennsyl- vania, being Lots Nos. 2 and 4 on the Plan of Bar-Jen Heights, record- ed in Plan Book 20, at Page 85. more particularly bounded and de~ scribed as follows: TRACT NO.2: BEGINNING at a point on the Northern side of Town- ship Road T-473 at the dlvtdlng lIne between Lots Nos. 4 and 5, of Sec- lion "C" on the hereinbefore men- tioned Plan of Lots: thence along the Northern side of Township Road T- 473, North 82 degrees 30 minutes West, a distance of 100 feet to a point on the dividing Hne between Lots Nos. 5 and 6. of Section "C", on said Plan; thence along said di- viding line, North 7 degrees,3D mjn~ utes East. a distance of 142.36 feet to a point on the dividing line be- tween Lots Nos. 2 and 5, of Section "C", on said Plan; thence along said dividing line. North 35 degrees 33 minutes 20 seconds East, a distance of 50.55 feet to a point on the di- viding line between Lots Nos. 3 and 5. of Section "C". on said Plan; thence along said dividing line, South 54 degrees 26 minutes. 40 seconds East, a distance of 86.38 feet to a point on the dividing line between Lots Nos. 4 and 5. of Sec- tion "e". on said Plan; thence along said dividing line, South 7 degrees 30 seconds West, a distance of 146.34 feet to a point on the North- ern side of Township Road T.4 73. the place of Beginn1ng. BEING Lot No.5. of Section "C", on the Plan of Bar-Jen Heights. SUBJECT to building and use re- strictions of Bar~Jen Heights dated April 10. 1968, and recorded in the Office aforesaid in Misc. Book 185, Page 477. HAVING erected thereon a dwell- ing on Tract Two being known as 304 Sand Bank Road. Mt. Holly Springs. PA 17065. Tax Map Number: 40-32-2334. Parcel Number: 042. BEING the same premises which Samuel C. Garonzik and Barabara R. Garonzik. his wife and Peter J. Shue and Jenny Lee:. Shue. his wife, by deed dated September 7. 1976 and recorded on September 9, 1976 in the Office of the Recorder of Deeds for Cumberland Coun~v in Deed Book Volume U 26. Page. 90. granted and conveyed unto Kenneth W. Smith and Sharon L. Smith, his wife. DBV U 26. Page 90. Tax Map No. 40-32-2334. Par- cel No, 042. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: laSalle Bank, N.A., f/k/a laSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1 ( Confessed Judgment ( Other File No. 04-4266 Civil Term vs. Amount Due Interest $98,035.42 16,106.35 Kenneth W. Smith and Sharon L. Smi th Ally's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of executior: in tile above iTial1er to (t:a Sheriff of Cumbe:t!lan~,_-,--,.,~._~~~- "--~ for debt, interest and costs, upon the following described property of the defendant(s) 304 Sandbank Road, Mt. Holly Springs, PA 17065 County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. /' .//?~/.C , J/ (.n .J~- , Signature: Date Print Name: Address: Daniel J. Birsic One Gateway Center. Ninth Floor Pi ttsburgn, PA 15777 Plaintiff (412) 281-7650 48450 Attorney for: Telephone: Supreme Court ID No.: (over) ;:J ~ r (Y:J \J ~7fi. +. ~ ~ -:- it ........ -- 0 6"- () \) ~ ?-> ~. ~ 6"- 0 ty ...() ~ ----r k-r V) ~ ~ '::::: I.rJ -- ~ ........ r~~ o - () o ..... C> I I --r:J ~~~P-- ,l: _ ,~:b ~-::.''''Vt- -- ~ q. (,:::? 01 -I ~ :-'"C4'\ c:: r1'l e. C) -O\_~; r;? ;,),'1-. ~E; . :~;~~, - ], Z? .g) {"0 .......:. :.~ 1$) -- CilS lI'\...olr)~ () C> "1 ...() C' C C' --0 I I I I r- -4 I - - ~ .. " ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. LONG FORM DESCRIPTION ALL those certain lotB of ground situate in South Middleton Township, Cumberland County, PennBylvania, being Lot No. 5 on the Plan of Bar-Jen Heights, recorded in Plan Book 20, at Page 85, more particularly bounded and described as follows: TRACT NO.2: BEGINNING at a point on the Northern side of Township Road T-473 at the dividing line between Lots Nos. 4 and 5, of Section "COO, on the hereinbefore mentioned Plan of Lots; thence along the Northern side of Township Road T-473, North 82 degrees 30 minutes West, a distance of 100 feet to a point on the dividing line between Lots Nos. 5 and 6, of Section "COO, on said Plan; thence along said dividing line, North 7 degrees 30 minutes East, a distance of 142.,36 feet to a point on the dividing line between Lots Nos. 2 and 5, of Section "Coo, on said Plan; thence along said dividing line, North 35 degrees 33 minutes 20 seconds East, a distance of 50.55 feet to a point on the dividing line between Lots Nos. 3 and 5, of Section "Coo, on said Plan; thence along said dividing line, South 54 degrees 26 minutes, 40 seconds East, a distance of 86.38 feet to a point on the dividing line between Lots Nos. 4 and 5, of Section "COO, on said Plan; thence along said dividing line, South 7 degrees 30 seconds West, a distance of 146.34 feet to a point on the Northern side of Township Road T-473, the place of Beginning. BEING Lot No.5, of Section "Coo, on the Plan of Bar-Jen Heights. SUBJECT to building and use restrictionB of Bar-Jen Heights dated April 10, 1968, and recorded in the Office aforesaid in Misc. Book 185, Page 477. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 Sand Bank Road, Mt. Holly Springs, PA 17065. Tax Map Number: 40-32-2334. Parcel Number: 042. BEING the same premises which Samuel C. Garonzik and Barbara R. Garonzik, his wife and Peter J. Shue and Jenny Lee Shue, his wife, by deed dated September 7, 1976 and recorded on September 9, 1976 in the Office of the Recorder of Deeds for Cumberland County in Deed Book Volume U 26, Page 90, granted and conveyed unto Kenneth W. Smith and Sharon L. Smith, his wife. ~: GREN ~IC' (.C. Daniel J. E rsic, Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor PittBburgh, PA 15222 (412) 281-7650 DBV Page Tax Map No. Parcel No. U 26 90 40-32-2334 042 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4266 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff(s) From KENNETH W. SMITH AND SHARON L. SMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (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) Ifproperty 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 $98,035.42 Interest $16,106.35 Atty's Comrn % Atty Paid $1,151.67 Plaintiff Paid Date: AUGUST 24, 2005 L.L. Due Prothy $1.00 Other Costs Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL J. BIRSIC, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 48450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COUNTY OF ALLEGHENY ) ) SS: ) COMMONWEALTH OF PENNSYLVANIA LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998- 1, Plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. 1- The name and address of the owners or reputed owners: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 2. The name and address of the defendants in the judgment: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smi th Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff South Middleton Township Municipal Authority PO Box 8 Boiling Springs, PA 17007 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff Bane One Consumer Discount Company 5001 Louise Drive Second Floor Mechanicsburg, PA 17055 Beneficial Consumer Discount Co. 577 Lamont Road Elmhurst, IL 60126 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax ASBessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 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 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. BY: {~/L Daniel J. BivSic, Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff SWORN to and subscribed before ,2005. Notary Public COMMONWEALTH OF PENNSYLVANIA NoIarlal Seal Gerald L. Poller, Jr., Nolaty Public CIty Of PIttsburgh. Allegheny County My Commission ElqJires Dec. 10. 2007 Member. Pennsylvania Association Of Notaries o c; ..'-,-. /' , ,.., = c...:r c.n "'"' c:::::. (;", r..' r ~ ~..,., rne: ~~cj -:..~;) \ --,0 ~~~ ;1~ ;;~ ~:_~ ":> ~D .~< ~ 0? N "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: KENNETH W. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on December 07, 2005, at 10:00 A.M., the following described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. The said Writ of Execution has been issued on a judgment in the mortgage forecloBure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $114,141.77. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. S'!fJ(":;J.- BY: A~~/ /{ D '1 J ..% . anle . B1rslc, Esgu1re Kristine M. Anthou, Esquire Attorneys for Plaintiff Q l., .-' c;:::J ~ <J\ 7="1" c:: C'') N ,::w '",:~..:. Q, -l :r:-n rn p:: ~3~~: :::::=-::,~.~ '-~:~~~; -J ,.\ :~iJ ~-<. '? ", \P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: SHARON L. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution iSBued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on December 07, 2005, at 10:00 A.M., the following described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF NT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, NT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff , vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $114,141.77. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. Y /1-')(;,))'- ( BY: /f~:/7 // . (. Daniel J. Bir~ic, Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff -r? 1"'\' (') ~,':'~ 1'--' ~ c.n :P" c: G) r-.:> ~:: .~ (') ." ..... :ell rnF "T'Ji:r: '<:J\""',' ::':.J I ',Ie:) -...".-,, -.,.-..,.. . _;;(c") :;5ro ~. C:' N U) . . IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: SHARON L. SMITH KENNETH W. SMITH f/dlb/a BLUE COLLAR AUTO SALES Debtors CHAPTER 7 EMC MORTGAGE CORPORATION Moving Party NO. 1-05-bk-01111 vs. SHARON L. SMITH KENNETH W. SMITH Debtors 11 U.S.c. Section 362 Leon P. Haller Trustee ORDER Upon consideration of the Motion for Relief and Certificate of Concurrence, it is ORDERED AND DECREED that: The Automatic Stay of all proceedings, as provided under Section 362 of the Bankruptcy Reform Act of 1978 (The Code) II U.S.c. Section 362, is modified to allow EMC MORTGAGE CORPORA nON and its successor in title to proceed with the execution process through, among other remedies but not limited to Sheriffs Sale regarding the premises 304 Sand Bank Road Mount Holly Springs, P A 17065 and a possessory action if necessary. B~' tht Com1, ~~~~* This electronic order is signed and filed on the same date. Dated: August 3, 2005 USBC PAM - LIVE - V2.6 - Docket Report , . Page 1 of 4 341Held, E-Filed, CREDS, CLAIMS U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:05-bk-Ollll-MDF Assigned to: Mary D France Chapter 7 Voluntary No asset Date Filed: 02/28/2005 Date Discharged: 08/03/2005 Kenneth W Smith 304 Sandbank Rd Mt Holly Springs, P A 17065 SSN: xxx-xx-2680 Debtor fdba Blue Collar Auto Sales Sharon L Smith 304 Sandbank Rd Mt Holly Springs, P A 17065 SSN: xxx-xx-2438 Joint Debtor Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg, PAl 71 02 717234-4178 Trustee represented by James K. Jones 7 Irvine Row Carlisle, PA 17013-3019 71 7 240-0296 Fax: 717 240-0066 Email: jkjones@pa.net represented by James K. Jones (See above for address) represented by Leon P Haller Purcell Krug and Haller 1719 North Front Street Harrisburg, PA 17102-2392 717234-4178 Fax: 717233-1149 Email: lhaller@pkh.com United States Trustee PO Box 969 Harrisburg, P A 171 08 (717) 221-4515 Asst. U.S. Trustee Filing Date # Docket Text 02/28/2005 1 Chapter 7 Voluntary Petition Missing Schedules and Statements. Filing fee due in the amount of$ 209.00 Filed by James K. Jones on behalf of Kenneth W. Smith, Sharon L Smith. (Jones, James) (Entered: 02/28/2005) 02/28/2005 Receipt of Voluntary Petition (Chapter 7)(1:05-bk-Oll11) [misc,volp7a] (209.00) filing fee. Receipt number 907051, amount $ 209.00. (U.S. Treasury) (Entered: 02/28/2005) 02/28/2005 2 Notice to Filing Party (James K Jones): **Creditors have been uploaded, https://ecf.pamb. uscourts.gov /cgi-bin/DktRpt.pl?69341613930220 l-L _82_0-1 8/16/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 2 of 4 please docket Miscellaneous, Matrix Filed/Creditor List Uploaded **. (RE: related document(s)l). (RCP) (Entered: 03/01/2005) 03/01/2005 3 Matrix filed/Creditor List Uploaded Filed by James K. Jones on behalf of Kenneth W Smith, Sharon L Smith (RE: related document(s)l). (Jones, James) (Entered: 03/01/2005) 03/01/2005 4 ECF Petition Image Viewed and is Missing Schedules. (There is no image or paper document associated with this entry.) (RE: related document(s)l). (RCP) (Entered: 03/02/2005) 03/03/2005 Trustee Leon P. Haller (Trustee) added to case.. (There is no image or paper document associated with this entry.) Filed by United States Trustee. (united states trustee(rm), ) (Entered: 03/03/2005) 03/03/2005 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. . 4/11/2005 at 08:30 AM. (AG) (Entered: 03/04/2005) 03/15/2005 .5. Request to BNC - Meeting of Creditors . 341(a) meeting to be held on 4/11/2005 at II :30 AM Federal B1dg, Trustee Hearing Rm, Rm 1160, II th Fl, 228 Walnut St, Harrisburg, P A Last day to oppose discharge or dischargeability is 6/10/2005 (AG) (Entered: 03/15/2005) 03/17/2005 Q BNC Certificate of Mailing of 341 Meeting Notice (Chapter 7) (RE: related document(s).5.). Service Date 03/17/2005. (Admin.) (Entered: 03/18/2005) 04/08/2005 1 Schedules A-J, Statement of Disclosure of Compensation of Attorney for Debtor Pursuant to Rule 2016(B), Statement of Financial Affairs, Statement oflntentions, Summary of Schedules Filed by James K. Jones on behalf of Kenneth W Smith, Sharon L Smith (RE: related document(s)l). (Jones, James) (Entered: 04/08/2005) 04/08/2005 8 Amended Matrix (Adding Creditors). Filing fee due in the amount of$ 26.00 Filed by James K. Jones on behalf of Kenneth W Smith, Sharon L Smith (RE: related document(s)[3] ). (Jones, James) (Entered: 04/08/2005) 04/08/2005 Receipt of Amended Matrix (Fee)(1:05-bk-01111-MDF) [misc,amdcm] ( 26.00) filing fee. Receipt number 973977, amount $ 26.00. (U.S. Treasury) (Entered: 04/08/2005) 04/12/2005 9 Certification that 341 Meeting of Creditors Held (Ch. 7) on 4/11/2005. (There is no image or paper document associated with this entry.). (hailer (bp), Leon) (Entered: 04/12/2005) 04/25/2005 lQ Motion for Relief from Stay with Certificate of Concurrence Filed by David R Galloway of Martson Deardorff Williams & Otto on behalf of Commerce BanklHarrisburg, N.A. . (KZ) (Entered: 04/25/2005) 04/26/2005 11 Order Granting Motion For Relief From Stay (RE: related document(s) 1 0 ). https://ecf.pamb. uscourts.gov/cgi -binlDktRpt.pl?69341613930220 1- L _82_0-1 8/16/2005 USBC P J\M - LIVE - V2.6 - Docket Report Page 3 of 4 (Attachments: # 1 Certificate of Service) (KZ) (Entered: 04/26/2005) 05/13/2005 n Application to Employ Leon P. Haller as Attorney Filed by Trustee. (Attachments: # 1 Exhibit # ;; Declaration of Attorney# .3. Proposed Order # 4 Certificate of Service) (haller(bp), Leon) (Entered: 05/13/2005) 05/13/2005 1.3. Reaffirmation Agreement Between Debtor and Members 1st Federal Credit Union 1($4,441.66 - Loan No 196116-01) Filed by James K. Jones on behalf of Kenneth W Smith, Sharon L Smith. (RCP) (Entered: 05/13/2005) 05/13/2005 14 Reaffirmation Agreement Between Debtor and Members 1st Federal Credit Union ($4,484.10 - Loan # 196116-02) Filed by James K. Jones on behalf of Kenneth W Smith, Sharon L Smith. (RCP) (Entered: 05/13/2005) OS/23/2005 12 Application to Employ Wolfe & Shearer Realtors as Real Estate Broker Filed by Trustee. (Attachments: # 1 Verification#;; Declaration of Real Estate Agent# .3. Proposed Order # 4 Certificate of Service) (haller(bp), Leon) (Entered: OS/23/2005) 06/01/2005 lQ Order Granting Application to Employ (RE: related document(s)12). (KZ) (Entered: 06/0 I /2005) 06/06/2005 17 Order Granting Application to Employ Wolf & Shearer (RE: related document(s)12). (KZ) (Entered: 06/06/2005) 07/28/2005 l8. Motion for Relief from Stay with Certificate of Concurrence Filed by Leslie E Puida of Goldbeck McCafferty and McKeever on behalf ofEMC Mortgage Corporation. (Attachments: # 1 Proposed Order # ;; Certificate of Concurrence) (Puida, Leslie) (Entered: 07/28/2005) 07/29/2005 19 Notice to Filing Party (1. Puida): **The Proposed Order was NOT e-mailed to the Court in accordance with the Administrative Procedures. Please e-mail the order so it can be presented to the Judge. re: Motion for Relieffrom Stay with Concurrence **. (RE: related document(s)l8.). (KZ) (Entered: 07/29/2005) 08/03/2005 20 Request to BNC - Discharge ofDebtor(s) (Admin.) (Entered: 08/03/2005) 08/03/2005 21 Order Granting Motion For Relief From Stay (RE: related document(s)l8.). (KZ) (Entered: 08/03/2005) 08/05/2005 2.2 Motion to Sell and Transfer Real Estate Free and Clear of Liens and Encumbrances at Private Sale Filed by Trustee. (Attachments: # 1 Exhibit # :2 Proposed Order # .3. Certificate of Service) (haller(bp), Leon) (Entered: 08/05/2005) 08/05/2005 23 BNC Certificate of Mailing of Discharge (Chapter 7) (RE: related document (s)20 ). Service Date 08/05/2005. (Admin.) (Entered: 08/06/2005) httns://ecf.namb. uscourts.gov/cgi-binlDktRpt.p1?69341613930220 1- L _82_0-1 8/16/2005 USBC PAM - LIVE - V2.6 - Docket Report Page 4 of 4 08/08/2005 2.4 Request to BNC - Notice of sale (RE: related document(s)22). Objections due by 8/30/2005.Hearing scheduled for 9/12/2005 at 09:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (KZ) (Entered: 08/08/2005) 08/0812005 25 Order re: Lien Holders (RE: related document(s)22 ). Answers are due on: 8/2312005. (KZ) (Entered: 08/08/2005) 08/10/2005 26 BNC Certificate of Mailing. (RE: related document(s)24 ). Service Date 08/1012005. (Admin.) (Entered: 08/11/2005) 08/16/2005 2.Z Certificate of Service for Trustee's Motion for Authority to Sell and Transfer Real Estate Free and Clear of Liens and Encumbrances at Private Sale Filed by Leon P Haller of Purcell Krug and Haller on behalf of Leon P. Haller (Trustee) (RE: related document(s)22). (Haller, Leon) (Entered: 08/16/2005) I PACER Service Center I [ Transaction Receipt I I 0811 6/2005 10:40:41 I PACER lrg0020 I Client \51.2450 I Login: Code: 1:05.bk-011Il-MDF Fil or Ent: Description: Docket Search Fil Doc From: 0 Doc To: Report Criteria: 99999999 Term: y Links: n Format: HTMLfmt Billable D~lo.24 I Pages: httos://ecf.oamb. uscourts.gov/cgi -bin/DktRpt.pl?6934l6l3930220 1- L _82_0-1 8/1612005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., f/k/a LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH I, 1998, SERIES 1998-1, Plaintiff, vs. KENNETH W. SMITH and SHARON L. SMITH, Defendants. SALE DATE: 12/7/05 CIVIL DIVISION ISSUE NUMBER: NO.: 04-4266 CIVIL TERM TYPE OF PLEADING: Pa. R.C.P. RULE 3 I 29.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, N.A., fi'kla LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March I, 1998, Series 1998-1 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. J.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., 1Jk/a LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH I, 1998, SERIES 1998-1, CIVIL DIVISION NO.: 04-4266 CIVIL TERM Plaintiff, vs. KENNETH W. SMITH and SHARON L. SMITH, Defendants. Pa. RC.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Esquire, Attorney for Plaintiff, LaSalle Bank, N.A., f/kla LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March I, 1998, Series 1998-1, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1, as well as all persons named in Plaintiffs Supplemental Affidavit pursuant to Rule 3129.1 as follows: I. By letters dated September 7, 2005, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated October 24, 2005, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale ofreal property by ordinary mail at the respective addresses set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verifY that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: v~\X i oj, (t (~J- Kris me M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before "Z.,(z::^ J ... . (. me this.....L::::day of \ PI '1-.,'(\\ "J:J1. :)2005. (~'.c\iUh0'" f~(-0l> "'f" ,,,) :~c:'; Notary Public I L____. . ,,' J ~"'J, I'..;otary Public i',:\,:-gheny County ',iji::e:~ ,hme 2. 200_~_ ....--_...,;.:,:.,lOftJoisr:{J,-; EXHIBIT" A" . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff , NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF ALLEGHENY LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998- 1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF NT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, NT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. . . l. The name and address of the owners or reputed owners: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Bolly Springs, PA 17065 2. The name and address of the defendants in the judgment: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff South Middleton Township Municipal Authority PO Box 8 Boiling Springs, PA 17007 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff Bane One Consumer Discount Company 5001 Louise Drive Second Floor Mechanicsburg, PA 17055 Beneficial Consumer Discount Co. 577 Lamont Road ElmhurBt, IL 60126 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax ABsessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 . . 6. The name and address interest in the property sale: of every other person who has any record and whose interest may be affected by the None 7. The name and address of every other person whom the plaintiff has knowledge who has any intereBt in the property which may be affected by the sale: I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. BY: (l / {j/c/vvf /~ Daniel J. BirSic, Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff SWORN to and subscribed before ,2005. Notary Public COMMONWEALTH OF PENNSYLVANIA NoIarial Seal Gerald L. PoItef, J<., NoIary Public CIty Of~, Allegheny County My CommissIoo Expinls Dec. 10. 2007 Member. Penmylvanie Association Of Notaries of.." f-......'fo-..-. ~ '1> ~''''-lt i" I . T@ illll11 ~.. ~Ikl ill ~ ~ki ~~I! ~~ (,j,>,..'/I'u#': ~ \..' "'""1.l<::. 0.,<:" ~, i\~:::~ ~I: ~JJ p' t;.1i; f~- _ uCl / ............ '2.'.~('~ 'O~ ~~'yo#.\.~:.2 1..' ~ '8 4 VC'~.- I ",~' ~.. 0': j' ~ , ~/d./ """- .. .~, ~ '2. ~"t7f"<;~'-;'1 a-i E> l~ ~ ". ! 'i-t"j ~6 . E C c: l1!. ".~.~<'1 c~ c.o:t::_~O:: ~pi'ls ~~ i )(tl~~.i 1;~ L&. ~~h U~ I i ) L ~ ;1.8 f H ~l18 ~:;;H ~i~j O::<<Q:rn 0000 ! ~ .. 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N ., .. , _ 0 ~Q.. ... ~_ c ~. g> z~ !!:. ~l . g. 1-0: N ~ m .N- ~ i I I.L .. ,.: \\,H ~ ~~ E !~ &f ~:S ~ EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA LASALLE BANK, N.A., f7k1a LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH I, 1998, SERIES 1998-1, CNIL DNISION NO.: 04-4266 CNIL TERM Plaintiff, vs. KENNETH W. SMITH and SHARON L. SMITH, Defendants. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYL V ANlA ) ) SS: COUNTY OF ALLEGHENY ) LaSalle Bank, N.A., f7k1a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March ], ] 998, Series] 998-1, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.]. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania ] 7065, and is more fully described as follows: ALL THE RJGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL EST A TE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26, PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. I. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commerce Bank 100 Senate Avenue Camp Hill, PA 17011 Internal Revenue Service US Treasury Office 1000 Liberty A venue Pittsburgh, P A 15222 I verilY that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of I 8 Pa. C.S.A 94904 relating to unsworn falsification to authorities. ,/~tLb-U-<< qyWUL h- Kristme M. Anthou, Esquire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME -::z It',\ I . ~ . ' .- THIS .- )- DAY OF 1'---\ -'1 ~l\'\.. i'- ^ ,2005. ). ", ~ XX"') 'e"n.... U I ,':-,--i.:,C--, ,G Notary Public '_'cr., I' :-:~: .'~~r:,:a[v Pub!IC . i:,';~G~-;i:'n~; (......'J"Tity ';:'.:'~- .IU'"tC 2. LOOt ---- ._-_.,~ ,",.r. ",.,..........~,.., ..-~ ~ ........ .... . C J, S \_ J4 ,,-r' ,')JJX""" S .."C """..-.............~'" Q <""vI,'VvlLU,--=?,,:,vJ,L ~\~~ pSf01"'$817.~ ~, ,~~:~#-~ ~,.-n;)f~ ~_.~"""~>>"?~"",,,,,,""'-OOE.lCt ~~ " .'........._ 'l''\ -..:' pS f01'" $817. ~~' - o c' , , t'-' ';:":';, ~>(~ -, ~,:l \ --' o "'" ..... ::c-n rf'l,::::, ,__,.)0::'~ ..,}".J -~-., \~ ,t) . , " ",,-"', ...e" .;:" ,<,V\ J, J':; .:.<:; <..;'? o 0" .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., fIkIa LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION ISSUE NUMBER: NO.: 04-4266 CIVIL TERM Plaintiff, vs. TYPE OF PLEADING: KENNETH W. SMITH and SHARON L. SMITH, SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Defendants. CODE- FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. J.D. # 77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 12/7/05 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., f/k/a LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CNIL DNISION NO.: 04-4266 CNIL TERM Plaintiff, vs. KENNETH W. SMITH and SHARON L. SMITH, Defendants. SUPPLEMENT AL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ... ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26, PAGE 90. TAX MAP NUMBER40-32-2334. PARCEL NUMBER 042. I. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commerce Bank 100 Senate Avenue Camp Hill, PA 17011 Internal Revenue Service US Treasury Office 1000 Liberty Avenue Pittsburgh, PA 15222 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A 94904 relating to unsworn falsification to authorities. l4'~ CA1Wu.c8.-. Kristme M. Anthou, Esquire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME ~Q'J Lot C THIS'-~ DAY OF . :J0)'f\\ i'f-- -'- J, 2005. /~ ~ xC " . ) " " \ . ...Y.f\\l.\(,;C">.......,6 .. v"l\...'C>Cy ,; Notary Public -',t ~"-'-'! (j>,' .::)>~al I :\ \ _hr;d, No~ary ~U~)\iC \ i~I_\?Qh8ny CoL;nty I :'->:r;ir<;O):'. .JU~lC 2. 2007 __on; (') "" c.:::;) 0 C- O.? 'TJ ~;"^ ~.""" '" , ~'- :.-;:1 ton .' C:J f;l --'-1 ~ r'" I -f"!L-= -.l ~-'~,.< , ~\ pr ~-( -n :. " -Y.>;:;" ;:-:_~ i--11 W ~ -" -p: C) ~ 0' --<C STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, NA, F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1,1998, SERIES 1998-1, PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-4266 v. KENNETH W. SMITH and SHARON L. SMITH, DEFENDANTS. CENTRAL PENN PROPERTY SERVICES, INC'S EMERGENCY PETITION TO SET ASIDE SHERIFF'S SALE Central Penn Property Services, Inc. ("Central Penn"), by and through its undersigned counsel, hereby moves for an Order setting aside the sheriff's sale conducted in the above-captioned foreclosure action. In support thereof, Central Penn avers as follows: 1. Plaintiff commenced this foreclosure action on August 26, 2004. 2. On October 20, 2004 Plaintiff entered judgment by default against Defendants. 3. . On or about August 24, 2005, Plaintiff filed a Praecipe for Writ of Execution to sell the real property subject to the mortgage, namely 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065. 4. Plaintiff exposed the subject property to sale at the Cumberland County Sheriff's Sale conducted December 7,2005. 5. Central Penn bid on the property and was the successful bidder. Central Penn tendered to the Sheriff its deposit in the amount of $9,766.00. 6. Thereafter, it was brought to Central Penn's attention that Plaintiff failed to notify PNC Bank, NA of the pending sheriff's sale. 7. PNC Bank is a judgment holder against Defendants and under the Rules of Civil Procedure was entitled to notice of the sheriff's sale. 8. As Plaintiff has failed to comply with Rule 3129 in notifying all creditors of record, Central Penn seeks an Order setting aside the sheriff's sale, returning its deposit and re-exposing the property to a continued sale to be held by the Sheriff. Per the terms and conditions of the Cumberland County Sheriff's Office, a resale would occur December 28, 2005. 9. Therefore, there would be no harm to Plaintiff in re-conducting the sale on December 28th as Plaintiff has not realized any funds from the sale as of this date. Further, exposing to resale will not cost Plaintiff any additional funds thereby demonstrating no prejudice to Plaintiff in permitting the sale to be set aside. WHEREFORE, Central Penn Property Services, Inc. respectfully requests the Court enter an Order (i) setting aside the Sheriff's Sale conducted on December 7, 2005; (ii) returning to Central Penn the sum of $9,766.00 representing its deposit; and (iii) placing the subject property on the Sheriff's resale list for December 28, 2005 or as soon thereafter as the Court may order a resale to be held. Respectfully submitted, Kerns, Pearlstine, Onorato & Fath, LLP ~ ~ By: Stephen M. Hladik, Esq. Attorney for Central Penn Property Services, Inc. Dated: r \\--:' ~1 J t 01".-"", VERIFICATION Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in this action; that he is authorized to and does take this Verification on behalf of said Plaintiff; and that the statements made in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Counsel has been unable to obtain Central Penn Property Services' Inc.'s verification at this time, which verification, when received, shall be substituted in place and in stead of this verification. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. ~4904, relating to unsworn falsification to authorities. Date: Idb.\\()) \ Steph," ~k' E","'rn STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, NA, F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1,1998, SERIES 1998-1, PLAINTIFF, THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-4266 v. KENNETH W. SMITH and SHARON L. SMITH, DEFENDANTS. CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Emergency Petition to Set Aside Sheriff Sale on the following by United States First Class mail, postage pre-paid on Yb~\ ,2005: Kenneth W. Smith Sharon L. Smith 304 Sand Bank Road Mt. Holly Springs, PA 17065 Kristine M. Anthou, Esquire Grenen & Birsic, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 R. Thomas Kline, Sheriff One Courthouse Square Carlisle, PA 17013-3387 Dated: \ 1" \')' \-\ I ~ AND Edward Schorpp Solicitor for Cumberland County Sheriff 35 South Thrush Drive Carlisle, PA 17013 StePh&M. Hladik, Esquire ("~ {-.. ~, c-;-~ C:::J ,.:J"1 ('~ t:;-; (-) f',' N :::J -n :-r rtl ::J r.-- -nrr, ~ '? 1"'--\ -~ r"...."J .,--' ~_ _, ,.-n (.J , :.c.J .< , () . STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 Kerns, Pearlstine, Onorato & Fath. llP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 Attorney for Central Penn Property Services, Inc. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY LaSalle Bank, N.A., F/K/A LaSalle National Bank, As Trustee Under the Pooling And Servicing Agreement Dated March 1, 1998, Series 1998-1 Plaintiff, v. Kenneth W. Smith and Sharon L. Smith Defendant(s). NO. 04-4266 STIPULATION AND ORDER WHEREAS, LaSalle Bank, N.A, flkla LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March I, 1998, Series 1998-1, ("LaSalle"), by its attorneys, Grenen & Birsic, P.c., commenced this foreclosure action at the above docket number; and WHEREAS, LaSalle obtained a judgment in mortgage foreclosure and scheduled the premises commonly known as 304 Sand Bank Road, Mount Holly Springs, Cumberland County, Pennsylvania (the "Property"), for a Sheriffs sale; and WHEREAS, Central Penn Property Services, Inc. ("Central Penn") was the successful bidder on the Property at the Cumberland County Sheriffs Sale on December 7,2005; and WHEREAS, Central Penn filed a Petition to Set Aside the Sheriffs Sale; and WHEREAS, the parties are agreeable to a settlement ofthis matter. NOW THEREFORE, in consideration of the foregoing, and the promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ~ . 1. The parties hereby agree and stipulate the Sheriff's Sale held on December 7, 2005 of the property located at 304 Sand Bank Road, Mount Holly Springs, Cumberland County, Pennsylvania is hereby set aside. 2. As the sale is being set aside, the parties agree that the Sheriff shall immediately refund to Central Penn the total deposit made at the sale. 3. The property shall be re-sold at the Cumberland County Sheriffs sale to be conducted on February I, 2006. Plaintiff agrees to provide notice of the new sale date to all interested parties. 4. This stipulation may be executed in counterpart, each of which shall constitute an original. Facsimile signature shall be deemed to constitute an original signature. We have read the above and consent to same. By signing below, we acknowledge that we have the authority to enter into this Stipulation and Order. By: ~ 6 / j?~, r;7~5. Gregory J<t. Millen, President Central Penn Property Services, Inc. By: , 1 4 ^ 'tU Vi: , I.'-crr( () ,( ( J. Cc Kristine M. Anthou, Esquire On behalf of Plaintiff AND NOW, this day of ,2005, upon consideration of the Stipulation of the parties, the Stipulation is hereby made an Order of this Court and the Sheriffs Sale of December 7,2005 with regard to the above parcel is hereby set aside, and the Sheriff is directed to promptly return the total deposit to Central Penn. It is FURTHER ORDERED that this property shall be offered for sale at the Cumberland County Sheriffs Sale to be conducted on February 1, 2006. Notice shall be sent to all interested parties of the postponed sale date. BY THE COURT: J. ~":-. c" "'> :3'~ <';"-'"1 J~~ C~. C) -q ':-' h~::>1 "",m "\ r'~) c.;. c; -!c~ !~:s )1'1 -:j ~XJ '-<; '0- 10 STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, NA, F/KJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1,1998, SERIES 1998-1, PLAINTIFF, ATTORNEY FOR THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. DEe z 7 L005 4lf COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-4266 v. KENNETH W. SMITH and SHARON L. SMITH, DEFENDANTS. AND NOW, this ORDER Jrday of ~ , 2005, upon consideration of the Emergency Petition of Central Penn Property Services, Inc. to set aside sheriff's sale, and any response thereto, it is hereby ORDERED that the Sheriffs Sale of December 7, 2005 in the above- captioned matter is hereby set aside; and it is FURTHER ORDERED that the Sheriff shall return to Central Penn the sum of $9,766.00 representing its deposit; and it is rUKI HI::K uKLJEKI=U {rIcH Ins suoJec( properlY snail De placsu UII lilt:' ~Ae, Jf'.::J I \",..n...IG I;.;)l [VI Dt:a..,VII,5sr ~Q, 2Q99 Qr 88 888fiC1 ttxl8r8sftBr 35 tl.0 6vUlllllay ~ srae, co ,,,,,die tv b" I ,~I~ (G..;t ~ r~ ., l,lI_ ".-t:t~~~J ~. T: J. /). - .)3'- t7 5 rL . . i?, / ~~rv() -1'V<-L~-<'L~ ]bf; "-"'"',,~nJ ~ S' :O.j ii',1 1)7 1:10 ~;lo7 *.~ ". ~ OIJ "-'-' . .."U\of' AIJV:'_ 3Hl ~O :-;8Lj~c)-r::nld , , DEe 2 7 2005 STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, NA, F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1,1998, SERIES 1998-1, PLAINTIFF, THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-4266 v. KENNETH W. SMITH and SHARON L. SMITH, DEFENDANTS. CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Emergency Petition to Set Aside Sheriff Sale on the following by United States First Class mail, postage pre-paid on . \'O~ \ ,2005: Kenneth W, Smith Sharon L. Smith 304 Sand Bank Road Mt. Holly Springs, PA 17065 Kristine M. Anthou, Esquire Grenen & Birsic, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 R. Thomas Kline, Sheriff One Courthouse Square Carlisie, PA 17013-3387 Dated: \ ' \;).\t-\ IJ . AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. CIVIL DIVISION NO.: 04-4266 CIVIL TERM ISSUE NO.: TYPE OF PLEADING: MOTION TO CONTINUE SHERIFF'S SALE AND DISPENSE WITH NEW NOTICE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.3 (a) FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 Daniel J. Birsic, Esquire Pa, I.D. # 48450 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION NO.: 04-4266 CIVIL TERM Plaintiff, vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. MOTION TO CONTINUE SHERIFF'S SALE AND DISPENSE WITH NEW NOTICE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.3 (a) Plaintiff, LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1, by its Attorneys, Grenen & Birsic, P.C., files this Motion to Continue Sheriff's Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) as follows: I. On or about October 20, 2004, Plaintiff obtained a judgment in Mortgage foreclosure against the Defendants at the above-captioned number and term. 2. Pursuant to such judgment, the Plaintiff caused the mortgaged premises to be scheduled for sale by the Sheriff of Cumberland County on December 7, 2005. 3. The mortgaged premises were sold to a third party at the Sheriff's Sale on December 7, 2005. 4. The third party purchaser filed a petition to set aside the Sheriff's Sale and the sale was set aside and the mortgaged premises located at 304 Sand Bank Road, Mt. Holly Springs, PA 17065 was rescheduled for Sheriff'B Sale on January 4, 2006. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof. 5. Plaintiff requires additional time prior to the Sheriff's Sale to serve the Defendants, Lienholders, and other interested parties. 6. Plaintiff requests the Sheriff's Sale scheduled for January 4, 2006, to be continued pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) to February 1, 2006. 7. If this Motion is granted, Plaintiff will direct the Sheriff of Cumberland County to announce the continuance of the Sheriff's Sale pursuant to this Court's Order. 8. Plaintiff will serve the Defendants, Lienholders, and other interested parties, with notice of new sale date via first class mail, postage prepaid. WHEREFORE, Plaintiff, LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1, requests this Honorable Court enter a special Order of Court pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) continuing the Sheriff's Sale scheduled for January 4, 2006, until February 1, 2006, at 10:00 a.m. and dispense with requirement that advertisement be made. GRENEN & BIRSIC, P.C. BY: ~(AU--OjJjUL8- Kristine M. Anthou, Esquire Daniel J. Birsic, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "A" D~c..28, 2JC5 11:4LAM Cumb~rlanj Co. Sher iff No.88[4 P. 2 C~.-:~-,. . :~ ATTORNEY FOR- ,q . - . THIRD-PARTY PURCHASER,CENTRAL PENN PROPERTY SERVICES, INC. STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO, 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 215 855-9521 LASALLE BANK, NA, F/KJA LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1,1998, SERIES 1998-1, PLAINTIFF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 04-4266 v. KENNETH W. SMITH and SHARON L. SMITH, DEFENDANTS. ORDER AND NOW, this J~day of ~ , 2005, upon consideration of the Emergency Petition of Central Penn Property Services, Inc. to set aside sheriff's sale, and any response thereto, it is hereby ORDERED that the Sheriffs Sale of December 7, 2005 in the above- captioned matter is hereby set aside; and it is FURTHER ORDERED that the Sheriff shall return to Central Penn the sum of $9,766.00 representing its deposit; and it is . t-UK I Ht:.K UKDERI::U rnal rne SUDjeCI propert)l snail oe placea UII Lilt: €~!!..:rp~ IV~':lI~I(.I;bt fv, Dt:a,;;cn.esr de, 20QB g):~s SSQR tRsreaftefL6J ijl'W C\Ju,l Hid)' t: Ilrele. '" ,,,,...,,tlt: lu!"... I.el~ ~ ,."... F~ ., L 11_ ~~~~J~' T: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION NO.: 04-4266 CIVIL TERM Plaintiff, vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion to Continue Sheriff's Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a} was mailed to the following on this 29th day of December , 2005, by first class, U.S. Mail, postage pre-paid: Kenneth W. Smith Sharon L. Smith 304 Sand Bank Road Mt. Holly Springs, PA 17065 GRENEN & BIRSIC, P.C. BY: ./ lilt .iz (, oCri, " Krist~ne M. Anthou, Esquire Daniel J. Birsic, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ("") C'.l )~ U~ ~~ , . .'.,,-'- !__.i._ ,.1.- , U_ ,~ -,' 0 0 LJ..j (") __J CJ u: ~;J I J ;= L.:.) '-'- ll~ 0 r:~- ) .J <;;~.:.., <'" U ,. 5 STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 Attorney for Gentral Penn Property Services, Inc. LaSalle Bank, N.A., FfKlA LaSalle National Bank, As Trustee Under the Pooling And Servicing Agreement Dated March 1, 1998, Series 1998-1 Plain tiff, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY v. Kenneth W. Smith and Sharon L. Smith Defendant(s ). NO. 04-4266 STIPULATION AND ORDER WHEREAS, LaSalle Bank, N.A., llkla LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1,1998, Series 1998-1, ("LaSallc"), by its attorneys, Grenen & Birsic, P.c., commenced this foreclosure action at the above docket number; and WHEREAS, LaSalle obtained a judgment in mortgage f,)reclosure and scheduled the premises commonly known as 304 Sand Bank Road, Mount Holly Springs, Cumberland County, Pennsylvania (the "Property"), for a Sheriffs sale; and WHEREAS, Central Penn Property Services, Inc. ("Central Penn") was the successful bidder on the Property at the Cumberland County Sheriffs Sale on December 7,2005; and WHEREAS, Central Penn filed a Petition to Set Aside the Sheriffs Sale; and WHEREAS, the parties are agreeable to a settlement ofthis matter. NOW THEREFORE, in consideration of the foregoing, and the promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: ~ ..- J .~ ,.. I. The parties hereby agree and stipulate the SherifI's Sale held on December 7, 2005 of the property located at 304 Sand Bank Road, Mount Holly Springs, Cumberland County, Pennsylvania is hereby set aside. 2. As the sale is being set aside, the parties agree that the Sheriff shall immediately refund to Central Penn the total deposit made at the sale. 3. The property shall be re-sold at the Cumberland County Sheriffs sale to be conducted on February I, 2006. Plaintiff agrees to provide notice of the new sale date to all interested parties. 4. This stipulation may be executed in counterpart, each of which shall constitute an original. Facsimile signature shall be deemed to constitute an original signature. We have read the above and consent to same. By signing below, we acknowledge that we have the authority to enter into this Stipulation and Order. By: ~ 6" j?~, 'fP~5. Grego;;7'Millen, President Central Penn Property Services, Inc. By: . '} " c <'lu. v( c ,-ccf1-l tI A.. ( .z Cc Kristine M. Anthou, Esquire On behalf of Plaintiff AND NOW, this~day of ~., 2005, upon consideration of the Stipulation of the parties, the Stipulation is hereby made an Order of this Court and thc Sheriff's Sale of December 7,2005 with regard to the above parcel is hereby set aside, and the Sheriff is directed to promptly return the total deposit to Central Penn. It is FURTHER ORDERED that this property shall be offered for sale at the Cumberland County Sheriff's Sale to be conducted 0 ary 1,2006. Notice shall be sent to all interested parties of the postponed sal ate. B J. l~~ r~~ ')\' ),(jJ \1--,~D (~ ) [:-.} /~fr ~) q :(:1 ri:;:r-r }tjj ~j:'~) ;:.',' :S-:: J 1'1 '-I ~-G .'" i:;? c-__: t', ~ c.J ;:-... , .- c, 6./ I I :! II .:[ e:::-7 I I . ~ -j4( I",'",,"' Iv""o.')""\' ,,:.' :Jill::l" ~;",;"";,;..:--,,...'J .....r. U :lV!~::' ,(..i-fEll!:J OS JJO SDDZ , c) .IAN () a LUUb G' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION NO.: 04-4266 CIVIL TERM Plaintiff, vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. AND NOW, this ORDER q;-t\ OF COURT day of Januarv 2006, upon consideration of the Motion to Continue Sheriff's Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) by Plaintiff, LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff's Sale scheduled for January 4, 2006, is continued until February 1, 2006 in the Cumberland County Courthouse, Commissioners' Office, Hearing Room, Second Floor, One Courthouse Square, Carlisle, PA 17103, and the requirement that advertisement be made is hereby waived. The Sheriff shall make an appropriate announcement of the continuance of the Sheriff's Sale on January 4, 2006, at 10:00 a.m. Plaintiff shall serve the Defendants, Lienholders, and other interested parties via mail, postage pr,epaj,'f'" .-,. "c.'" ':' J r,nU,) :ii~,"; O\1:b V 'i- if I! 03\J O".~ 7 I" J. . .~ ~ \,() \,0 ()\ Jd ,T.,n" . " ,....; A.l,~<:-:( OS:6 \;'.1 il'- il'Jf suez If' .:;0 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 Sheriffs Deed in which Lasalle Bank N A Tr is the grantee the same having been sold to said grantee on the 1st day ofFeb A.D., 2006, under and by virtue of a writ Execution issued on the 24th day of August, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 4266, at the suit of Lasalle Bank N A Tr against Kenneth W Smith & Sharon L is duly recorded in Deed Book No. 273, Page 1947. IN TESTIMONY WHEREOF, I have hereunto set my hand ..':J..J. and seal of said office this -" day of ,A.D. ecorder of Deeds ~""~"0DuIlIr. ....'" EllphIlwl'llllMlllllllrtl. Ollila , 1 :a ... LaSalle Bank, N.A., flk/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998-1 VS Kenneth W. Smith and Sharon L. Smith The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4266 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2005 at 7:15 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Kenneth W. Smith and Sharon L. Smith, by making known unto Sharon L. Smith, personally and wife of Kenneth W. Smith, in front of 304 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2005 at 7:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Kenneth W. Smith and Sharon L. Smith, by regular mail to their last known address of 304 Sand Bank Road, Mt. Holly Springs, PA 17065. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on February 1,2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kristine Anthou for LaSalle Bank National Association flk/a LaSalle National Bank, in its Capacity as Indenture Trustee under that Certain Sale and Servicing Agreement Dated March 1, 1998, Among AFC Trust Series 1998-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1998-1, and Any Amendements Thereto. It being the highest bid and best price received for the same, LaSalle Bank National Association flk/a LaSalle National Bank, in its Capacity as Indenture Trustee under that Certain Sale and Servicing Agreement Dated March 1, 1998, Among AFC Trust Series 1998-1, as Issuer, Superior Bank FSB, as Seller and Servicer, and LaSalle Bank National Association, as Indenture Trustee, AFC Mortgage Loan Asset Backed Notes, Series 1998-1, and Any Amendements Thereto of 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,432.03. , l); Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Legal Search Postpone Sale Distribution of Proceeds Sheriff's Deed $30.00 23.77 15.00 15.00 30.00 10,00 1.00 11.52 1.33 15.00 30.00 1.11 527.00 415,91 20.89 200.00 20.00 25.00 39,50 $1,432.03 Sworn and subscribed to before me This ,.i.rJ' dayof~ 2006, A.D. ~/IJ,1;;;:l C. (pr~ So..~~: ..~~/~ R. Thomas Kline, Sheriff ByJ D ~ J rvUJ:t, Real Estate ergeant ~ oJ-' ~ o.~,r) J I. O? 6.3639 ~. /1(, D9)/ ". . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF ALLEGHENY LaSalle Bank, N.A., f/k/a LaSalle National Bank, as Trustee Under the Pooling and Servicing Agreement Dated March 1, 1998, Series 1998- 1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Kenneth W. Smith and Sharon L. Smith located at 304 Sand Bank Road, Mt. Holly Springs, Pennsylvania 17065, and is more fully described as follows: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. j ~ '" " 1. The name and address of the owners or reputed owners: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 2. The name and address of the defendants in the judgment: Kenneth W. Smith 304 Sand Bank Road Sharon L. Smith Mt. Holly Springs, PA 17065 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank, et al. Plaintiff South Middleton Township Municipal Authority PO Box 8 Boiling Springs, PA 17007 Commonwealth of PA Department of Welfare P. O. Box 2675 Harrisburg, PA 17105 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. Plaintiff Bane One Consumer Discount Company 5001 Louise Drive Second Floor Mechanicsburg, PA 17055 Beneficial Consumer Discount Co. 577 Lamont Road Elmhurst, IL 60126 5. The name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Domestic Relations Office P. O. Box 320 Carlisle, PA 17013 Tax Assessment Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 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 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. BY: {4/- Daniel J. Bi~ic, Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff SWORN to and subscribed before ,2005. Notary Public COMMONWEALTH OF PENNSYLVANIA NolariaI Seal Gerald L. PoUer. Jr.. NoIary PubIlc CllyOl~.~County My CornmiISIOn E>cpIres Dee. 10. 2007 Memblr. PenO$ylvenla Associabon Of Notaries .... . , . " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04-4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: KENNETH W. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on December 07, 2005, at 10:00 A.M., the following described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. .: "". . The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $114,141.77. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. f! (J(.J;).- BY: A(~~ Daniel J. Birs' ~ Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff , ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. Execution No. 04-4266 CIVIL TERM 1...t -10. .' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, CIVIL DIVISION Plaintiff, NO.: 04 -4266 CIVIL TERM VS. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: SHARON L. SMITH 304 Sand Bank Road Mt. Holly Springs, PA 17065 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS' HEARING ROOM, SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17103 on December 07, 2005, at 10:00 A.M., the following described real estate, of which Kenneth W. Smith and Sharon L. Smith are the owners or reputed owners: ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. '..,-"", ...... 1 .' , The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK, N.A., F/K/A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 1998, SERIES 1998-1, Plaintiff, vs. KENNETH W. SMITH AND SHARON L. SMITH, Defendants. at Execution Number 04-4266 CIVIL TERM in the amount of $114,141.77. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. ()/J)/::>)- r I BY: Daniel J. Bir ic~ Esquire Kristine M. Anthou, Esquire Attorneys for Plaintiff , ALL THE RIGHT, TITLE INTEREST AND CLAIM OF KENNETH W. SMITH AND SHARON L. SMITH, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON, CITY OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING ON TRACT TWO BEING KNOWN . AS 304 SAND BANK ROAD, MT. HOLLY SPRINGS, PENNSYLVANIA 17065. DEED BOOK VOLUME U 26 , PAGE 90. TAX MAP NUMBER 40-32-2334. PARCEL NUMBER 042. Execution No. 04-4266 CIVIL TERM WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4266 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK, N.A., FfK!A LASALLE NATIONAL BANK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH I, 1998, SERIES 1998-1, Plaintiff(s) From KENNETH W. SMITH AND SHARON L. SMITH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,035.42 Interest $16,106.35 Atty's Corum % Atty Paid $1,151.67 Plaintiff Paid Date: AUGUST 24, 2005 L.L. Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL J. BIRSIC, ESQillRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ill No. 48450 w-O::' \,..'>- ~ -~~ . (L." ~?~ ..n Real Estate Sale #25 On September 0 I, 2005 the Sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 304 Sand Bank Road, Mt Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Septemb~r pr, ~OQ5 ", ,.w--:~ '~..?j."y~~' .," . '> J By:\ ,~~ u5xrvJh. ReaVEstirt'eSergeant c:r ~ Cb <( " c: u1 (-_.:' (""I <J:l ~ 'G = <'-' (-l CVi.l ~ fi - - -........- r , . , . f 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot. News and The Sunday Patriot.News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to veritY this statement on behalf of The Patriot.News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COPY NOTA PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE,PA,17013 . .,. ... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L,1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. Lisa Marie Coyne, Esquire, Editor of the Curnberland 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 Curnberland Law Journal on the following dates, VIZ: October 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Curnberland 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. REAL ESTATE 8AL& lfO. 211 Wrlt No, 2004.4266 CMl Lasalle Bank N.A-. F/K/A Lasalle National Bank. aa Trustee Under the Pooling and ServIcing Agreement Dated March 1. 1998 Serles 1998.1 vs. Kenneth W. Smith & Sharon L. Smith Atty.: Daniel J. Birsic LONG FORM DESCRIPl10N ALL those certaln lots of ground situate in South Middleton Town- ship, Cumberland County, pennsyl. vania. being Lot No, 5 on the Plan of Bar-Jen Heights. recorded in Plan Book 20. at Page 85. more partlcu. larly bounded and described as fol. lows: TRACr NO.2: BEGlNl'lING.aLa . .J TO AND SUBSCRIBED before me this 28 day of October. 2005 NOTARIAL SEAL LOIS E. SNYDER, Notary Public CarHsle Bora, Cumberland County My Commission Expires March 5. 2009