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HomeMy WebLinkAbout04-4297 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 AITORNEY FOR PLAINTIFF NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 0<1- 4CJ.17 (1"';( v. CUMBERLAND COUNTY BENJAMIN F. COOPER STEPHANIE L. COOPER AlK/A STEPHANIE L. SHENK 87 BROAD STREET NEWVILLE, P A 17241 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the folIowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personalIy 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 98170 File#: 98170 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last known addressees) of the Defendant(s) are: BENJAMIN F. COOPER STEPHANIE L. COOPER AIK/ A STEPHANIE L. SHENK 87 BROAD STREET NEWVILLE, PAl 7241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/15/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1653, Page 820. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/05/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 98170 6. The following amounts are due on the mortgage: Principal Balance Interest 04/05/2004 through 08/25/2004 (Per Diem $22.05) Attorney's Fees Cumulative Late Charges 11/15/2000 to 08/25/2004 Cost of Suit and Title Search Subtotal $58,803.17 3,153.15 1,250.00 101.85 $ 550.00 $ 63,858.17 Escrow Credit Deficit Subtotal 0.00 661.18 $ 661.18 TOTAL $ 64,519.35 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 64,519.35, together with interest from 08/25/2004 at the rate of $22.05 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~AND PHELA~LLP By: . / fp(~sVf?arlin&r i~l!~ FRANK EDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 98170 ALL tbst certDlll lnJ(;1 of land with Ille impro_emcnlJ IllClCOD em!ed, silllatcd In the Borougll. or ClIrlIsIe. CumbcrlltDd CoImty, PCIltt8)'IVdIlla. baing Lot No.2 olllle SubdlvwOlll'bm for Robert B. .and Sandra Lee SchIlluot, 111111 BooIe 39, Paso 99, bollllded IIId deocn'bed ill IICC:OrdallC. with . 1'111I1 of SllrY~ by SIcpben O. F'bbar, PmfctSiollllll-aml SltlVll)'ot. dated j..... I. 1981 and bW'lDg DrIIwing No. 81126,.. fiillow&: BEGI~G at . point OIl eM IOItllleast aide of Norih Pitt Sl=l at JlflllIClty No. 707, now or (Omu::rty of John H. Broogba; l!lenc>> el<ttllld/Da from said baainnlns poW along the southeAst side ofNordt Pitt ~ NcmIt 06 desm:a 13 minU1~ Em 17.00 fea tQ /I poivt..llL- ~ pfOJII'StY No. 1 U, being Lal: No. 1 of !be above ltletldOMd PIm of Lots; thence aXIeItding a100g wnc:, p....in' t.bloug/l /he: c:enlerlille of. pdlty wall, Soltth 83 decrees 47 rninlt~ East 97.625 feet 10 a tllihoGd lIplQ 00 IIu: nartlt_l side: of Faizarotllld A ~ lhw:a ""lCtJdina akuJg aame, South 05 dqpca 10 miIw/cs 30 IOCOIlds Em 17.34 feel to au jroopin lI1p1Opatynow or farntc:rly of Jolltl H. lllOlIgbcr, lIforeDJcotIontd; 1Il_ ~ Ilon,.ame, Nonh 83 degrees 47 minltta W4Itl01.llS feet to the tInt IIIGIIIioned poW 1tIdl'laz:cofllEOINNINO. BEING b10wD anollUlJlbwod u 709 North l'1a: SlreeI, Carlbte, p<nnaylvlttli.. 11013. "-"'<C-; -"'-""'- VERIFICA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counseL The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~afnt%{ Attorney for Plaintiff DATE:cg I;;. r:;;O! ~ ~ -.. ~ ~ \..,..) ->l (J.) ~. p U'\ <i\. ~ 'B ~ X- n ~ ;:.~~~;W: !~ ~.:' tf> " -,' r-'" I<: "" (- z. ,,0. (,c YC -L '" , " :..) r-> "'" C-~ ",,- ~ G"J N -' ~,- --, -:.:. o .,.. ::T. 9 :' ;h -I :'J:",-n rn~ 1:,IPJ. :---':1'"<; ~?~ <:l -;- -\-, (s-:~ .-"C) ,tjrn __.f ~\; _c c,.) SHERIFF'S RETURN - NOT FOUND . CASE NO: 2004-04297 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY BANK VS COOPER BENJAMIN F ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COOPER BENJAMIN F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , COOPER BENJAMIN F 709 NORTH PITT STREET CARLISLE, PA 17013 PER NEIGHBOR, 707 N PITT ST IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 3.70 5.00 10.00 .00 24.70 So answe.rs~. . ..~... .---c ...~-,.,,~/ ~>-c:-:...~ ~~~/~ R . Tho~s Kli;ore Sheriff of Cumberland County FEDERMAN & PHELAN 09/02/2004 Sworn and subscribed to before me this 1 ~ day of /~~ ;J.1f!J'f_ A.D. cJ u- (2 nuuw # pro~notary . SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-04297 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL CITY BANK VS COOPER BENJAMIN F ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COOPER STEPHANIE L A/K/A STEPHANIE L SHENK but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , COOPER STEPHANIE L A/K/A STEPHANIE L SHENK 709 NORTH PITT STREET CARLISLE, PA 17013 PER NEIGHBOR, 709 N PITT ST IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answer~ ~ .' ~_~j ./~2- .~.7--/ ( ~~~ - L /~Z- -- R. Thomas"Kline Sheriff of Cumberland County FEDERMAN & PHELAN 09/02/2004 Sworn and subscribed to before me this?~ day of ~~ :2tmL( A.D. C prot)~::Car~ ~iLU \ "fY SHERIFF'S RETURN - REGULAR CASE NO: 2004-04297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK VS COOPER BENJAMIN F ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COOPER BENJAMIN F the DEFENDANT , at 1541:00 HOURS, on the 1st day of September, 2004 at 87 BROAD STREET NEWVILLE, PA 17241 by handing to BENJAMIN COOPER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 .00 10.00 .00 36.88 r~#J R. Thomas Kline 09/02/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: c,~~ . Deputy Sher~ me this 1 It:" day of ~ .;;l.uo'f A.D. (~l (2 ~ -", ~honotary ,~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK VS COOPER BENJAMIN F ET AL DAVID MCKINNEY Cumberland County,Pennsylvania, who being duly sworn according to law, , Sheriff or Deputy Sheriff of says, the within COMPLAINT - MORT FORE was served upon COOPER STEPHANIE L A/K/A STEPHANIE L SHENK the DEFENDANT , at 1541:00 HOURS, on the 1st day of September, 2004 at 87 BROAD STREET NEWVILLE, PA 17241 BENJAMIN COOPER, ADULT IN by handing to CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this 7 ~ day of ~~ d.cv'f A.D. r). . - () /11.l~ ~- ~p~notary , So Answers: .?:c-';C~;:::e.,-:..,: '."'~ R. Thomas Kline 09/02/2004 FEDERMAN & PHELAN By: jJ ~~ ~ Deputy She~ FEDERMAN AND PHELAN, LLP By.: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL, IDC 24-050 PITTSBURGH, PA 15212 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-4297-CIVIL BENJAMIN F. COOPER STEPHANIE L. COOPER A/K/A STEPHANIE L. SHENK Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BENJAMIN F. COOPER and STEPHANIE L. COOPER AlK/A STEPHANIE L. SHENK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the , mortgag~d premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/14/03 to 10/12/04 TOTAL $64,519.35 $18,125.10 $82,644.45 . Thereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~G.~l DANIEL G. SCHMIEG, ES'QUIRE Attorney for Plaintiff , . DAM.~GES ARE HEREBY ASSESSED AS INDICATED. . ~ DATE: C:r* 1.1,;(C\?'1 ~~~. . PROPROTHY .< ~," FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN. ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71)) )01-7000 ATTORNEY FOR PLAINTlh NATIONAL CITY BANK Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY BENJAMIN F. COOPER STEPHANIE L. COOPER A/KIA STEPHANIE L. SHENK : NO. 04-4297CIVIL Defendants TO: BENJAMIN F. COOPER 87 BROAD STREET NEWVILLE, PA 17241 FILE ~OPV DATE OF NOTICE: SF.PTF.MRF.R 22, 2004 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECT A DEBT. TIllS ". , YOU IN AN ATTEMPT TO COLLECT TIlE INDEBTEDNESS REFERRED TO ii' INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPC, PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPOND I SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEB' ENFORCEMENT OF LIEN AGAINST PROPERTY. 'IT TO .\NY VE 'ND / AS IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPI! '. PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFE:. OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHINIL' '. ' THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A REA '< 1m MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT i ER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE y,,' INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PI<, . ... 'VITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PElI -;, .' REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 .::;l:S i<JV-L FRANK FEDERMA N. FS, LAWRENCE T. PHELM, ',ZE FRANCIS S. HALLINM' ! 'ZE Attorneys for P1ainti I r FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 C7"l ~fi1-7000 ATTORNEY FOR PLAINTIFF NATIONAL CITY BANK Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY BENJAMIN F. COOPER STEPHANIE L. COOPER NKI A STEPHANIE L SHENK : NO. 04-4297CIVIL Defendants TO: STEPHANIE L. COOPER A/KJA STEPHANIE L. SHENK 87 BROAD STREET NEWVILLE, PA 17241 fILE ~~py DATE OF NOTICE: SEPTEMRER 22, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 .~ (...-.-.-..- F~FEDERNL\N,ESQlmRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04297 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK VS COOPER BENJAMIN F ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COOPER BENJAMIN F the DEFENDANT , at 1541:00 HOURS, on the 1st day of September, 2004 at 87 BROAD STREET NEWVILLE, PA 17241 by handing to BENJAMIN COOPER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 .00 10.00 .00 36.88 .~~~ R. Thomas Kl~ne 09/02/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: f), ~~ . . DeputYSher~ me this day of A.D. Prothonotary Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OCT-12-200407:29:57 .. Military Status Report WI' Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency COOPER BENJAMIN Currently n~t on Active Military Duty, based on the Social Security Number and last name provided. . . Upon s:earching the information data banks of the Department of Defense Manpower Data Center, the abovll is. the current status ofthe Defendant( s), per the Information provided, as to all branches of the Milifm:y. ~~~~~ Robert J. Brandewie, Director Department-ofDefense - Manpower Data Center 1600 WilsoriBlvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. . If you have information that makes you feel that the DMDC response is not correct, please fax your resp~nse to 703-696-4156 or call 703-696-6762 and further research will be done. For pe~sonal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. ,. '. https://wwW.dmdc.osd.miVudpdri/owa/sscra.prc_Select 10/12/2004 FEDERMAN and PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL, IDC 24-050 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-4297-CIVIL BENJA\\flN F. COOPER STEP~IE L. COOPER AlKJA STEPHANIE L. SHEN~ . Defendant(s). VERIFICATION OF NON-MILITARY SERVICE '. DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. ..... (b) that defendant BENJAMIN F. COOPER is over 18 years of age and resides at , 87 BROAD STREET, NEWVILLE, PA 17241. (c) that defendant STEPHANIE L. COOPER AlKJA STEPHANIE L. SHENK is over 18 years of age, and resides at, 87 BROAD STREET, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswomfalsification to authorities. , ~dG.~ DANIEL G. SCHMIEG, E3'QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL TIiA t CERTAIN lract of land Wilh the improvement~ thereon erected sitaured in the Dorough of Carlisle, Cumberland County, Pennsylvania being Lot No.2 of roo Subdivision Plall lor Robert [;, and Sandra Lee'Schlusser, Plan Book 39, I"'ge 99, bounded and described in accordance with a Plan of Survey by Stephen G. Fisher, Pmfessio1l31 Land Surveyor darcd June 8. 19t11 and bearing Drawing No. 81126 as follows: BEGINNING at a point 011 the Southca.ot side of North Pin Street at properlY No. 707 now or fonllerly of John H. Brougl1er; thence e"wllding froUl saw beginning p<lint along Ille SOutheast side of North Pill Street North 06 degrees 13 l\1inutes East 17.00 feet to a poiat at property No. 711 being I.ot No. I of the above mentioned Plan of LotS; thence extendiog along same, passing tI1rough the centerline of a party wall, South 83 degrees 47 minut"'l East 97.625 feel to a railroad spike on !he Northwest swe of Fairgrourid Avenue; thence exrending along same South 05 degrees 10 minutes 30 seconds &.t 17.34 fcet.lO an iron pin at property now or fonnerly of John H. Brougher, aforememioncd; thence extending along same, Npnll 83 degrees 47 minutes We$( 101.05 feet tQ lhe [jut mentioned point and pl~(;<> of beginning. l'tl'LETO .sAID PREMISF.s IS VESTED IN Benjamin F. Cooper and Stephanie L. (:ooper. his wife by Deed from Roy P. Kotzmoyer and Joanne y, Kotzmoyer. his wi fe dated IlI14f2000 and r<<:or4ed 11122/~ in Deed Book 234 page 668. . PROPERTY ADDRESS: 709 NORTH PITT STREET, CARLISLE, PA 17013 TAX PARCEL: -'#06 -19-1643 - 276A c p ~ ~ 'L p.:. ~ ~ F b ~ 8 ~ t: ~ j ~JJ ~ j FEDERMAN and PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF NATIONAL CITY BANK Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION BENJAMIN F. COOPER STEPlIANIE L. COOPER A/K/A STEPHANIE L. Sfll!:NK NO. 04-4297-CIVIL Defendant(s). CERTIFICATION . DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the.above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . ~(,.u~ DANIEL G. SCHMIEG, ES(>UIRE Attorney for Plaintiff :'~,' - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSUlffi) P.R.C.P.3180-3183 NATIONAL CITY BANK Plaintiff, v. No.04-4297-CIVIL BENJAMIN F. COOPER STEPHANIE L. COOPER AlK/A STEPHANIE L. SHENK " Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: .". Is~ue writ of execution in the above matter: Amount Due , $82,644.45 Interest from 10/12/04 to MARCH 2, 2005 (per diem -$13.59) $1,916.64 and Costs T.oTAL $84,560.64 ~ G, ~A....u:U} DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Notll: Please attach description of property.No. , IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not Present at the sale. .. ,:,., ..: ... ' ..; ~,; r1"..; ,.';i- ,:,,") ....;$ O~ ""> <...:I ""~ ...:I"" .ll.Z Zz ~~ ~ ~. OE-< UZ ....~ 00 E-<U ll::~ ~~ 8a2 """" == E-<~ z~ ....u ~ z < = ~ E-< .... U ~ o .... E-< ~ .; > ~ z "" = "" ...i "" .... ll::~ ""ll. ll."" OE-< 0"" u< ...;~ z< ~~ ..,ll. zO ",,0 =u ...i "" ~ = ll. "" E-< "" :f;' r4. ;/f; ~ '--4-. r::fJ ~ :;,. ~ t ~ ~ l- ~ 2~ l.J) ~ ~(Y) z o .... E-< ~ U ~~ "" = '" .... 0 O<l ... E-< ... ;~ ~~ ll:::" 01:: .... 0 ""e ll. .... U "" ~ ll. - ':::- ~ - " ~ .... " ..... ~ ..... ~ I J I (j()00() OC"-()~()~ ,J:r-"':V>Q--ry --~r(W \- ~ , I 'Q", VI 2 -- :0/ '1::l 2 ii: ~J ~ \J -...:. i-? ~'6,:. .... .... """" '" '" .......... .... .... << ll.ll. ..s..s ...:1...:1 ...:1...:1 .... .... ~~ """" ZZ ~E-<. """" ~~ E-<E-< """" ~~ 00 ll::ll:: == .......... 0000 '" '" 0) ... '1::l '1::l < '1::l 0) > ... 0) '" 0) .0 >, " S ~ 0) g- o.. 0) II ~ j <1 ~ 1 CE ~ ~ -.J t t "'~ cJ r v '. LEGAL DESCRIPTION ALL THAt CERT AIM tract of land with the improvements thereoo erected slllWted in the BorQugh of Cadisle, Cumberland County, Pclmsylvania being Lot No.2 of the Subdivision Plan for Robci't U, i1nd Sandra Lee' Schlusser, Plan Book 39. page 99, bounded and described in aceordaDct with a Plan of Survey hy Stepben G. Fisher, prorellSiollll1 Lm.I Surveyor dated JUtIC 8. 1981 and bearing Drawing No. 81126 as follows: BEGINNING at a point 00 the Southeast side of North PilI Streer at property No. 707 now or fomlcrly or John H. Bmugher; theoce extending from said begilllliug point along the Southeast sidt: of Nartl. Pitt Street North 06 degrees 13 minutel\ East 17 ,OQ feet to a poinl at propClty No. 711 being Lot No. 1 of the above mentioned Plan of Lots; thence extCf.llliDg along same, pIlmDg thrQugh the centerliJle of a party Wl\l1, South 113 degrees 47 minutes East 97.625 fed to a railroad spike on the Northwest side of Fail'lVOllM AvelWc; thence extending a10ug same South 05 degrees 10 minutes 31}Seconds !:'.a.~t 17.34 feerlo an iron pin at property now Ot fonnerty of John H. Brougher, afuItlmentloncd; the"" extending along same, Nprth 83 degree!! 4-7 minutes Weu 10\.05 f1:et l/) the firll! mentioned point and place of begim\inll. TllL~ TO SAJ() PRF.MISF,S IS VI:!S'l'~D IN Benjamin F. Cooper and Stephanie L. Cooper, his wife by D~ from Roy F. Kotzmoyer and Joanne Y. Koumoyo:r, his wife dated 1111412000 at1d recorded 11/22/4000 in Deed Book 234 page 668. . PROPERTY ADDRESS: 709 NORTH PITT STREET, CARLISLE, PA 17013 TAX PARCEL:'#06-19-1643-276A '. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s) NO 04-4297 Civil CIVIL ACTION - LAW From BENJAMIN E. COOPER, STEPHANIE L. COOPER AlKfA STEPHANIE L. SHENK (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (h) the gamisbee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a narned garnishee, you are directed to notify bim/ber that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,644.45 L.L. $.50 Interest FROM 10/12/04 TO 3/2/05 (PER DIEM - $13.59) - $1,916.64 AND COSTS Arty's Conun % Due Prothy $1.00 Arty Paid $180.58 Other Costs Plaintiff Paid Date: OCTOBER 13, 2004 (Seal) CURTIS R. LONG Prothonotary '-BY: ~,. 2. ~C'/l4-.,<-r Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 .. NATIONAL CITY BANK CUMBERLAND COUNTY Plaintiff, v. , COURT OF COMMON PLEAS BENJAMIN F. COOPER STEPHANIE L. COOPI:R AlK/A STEPHANIE L. SHENK CIVIL DIVISION NO. 04-4297-ClVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) NATIONAL CITY BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .709 NORTH PITT STREET. CARLISLE. PA 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENJAMIN F. COOPER 87 BROAD STREET NEWVILLE. PA 17241 STEPHANIE L. COOPER AlK/A STEPHANIE L. SHENK 87 BROAD STREET NEWVILLE. PA 17241 2. ,Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real properly to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NOJ;le' :. . . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PA 419 STONEHEDGE DRIVE, SUITE 2 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest ~aybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/O.ccupant 709 NORTH PITT STREET CARLISLE, P A 17013 , . Domestic. Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare , , .':- PO Box 2675 Harrisburg, P A 17105 " ~' Iverify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 12,2004 DATE ~G.~ DANIEL G. SCHMIEG, ES'QUIRE Attorney for Plaintiff -,. . NA TlONAL CITY BANK Plaintiff, CUMBERLAND COUNTY v. No. 04-4297-CIVIL BENJAMIN F. COOPER STEPHANIE L. COOPER A/K/A STEPHANIE L. SHENK Defendant(s). ;. October 12, 2004 TO:. . BENJAMIN F. COOPER '87HROAD STREET NEWVILLE, PA 17241 STEPHANIE L. COOPER A/K/ A STEPHANIE L. SHENK 87 BROAD STREET NEWVILLE, P A 17241 ,..THISFIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... ; Your house (real estate) at, 709 NORTH PITT STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland County CourthQuse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$82,644.45 obtained by NATIONAL CITY BANK (the mortgagee) against you. In the event the sale is continued, ll!l announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. '. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. " You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , YO:umay need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find oQt the price bid by caJling (215) 563-7000. . 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. , 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find <?ut if this has happened, you may call (717) 240-6390. , . . 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5.. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict YQU. . 6. You may be entitled to a share of the money which was paid for your house. A schedule of distributio,n of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. .]. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYE,R OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. . . ~. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL 11IA t CERTAIN tract of land with the improvements thereon erected sllaUled in the DOlough of Carlisle. Cumberland County, Pennsylvania being Lot No.2 of lhe Suhdivision Plan for Robert c. ~nd Sandra lee'Schlusser, Plan Book 39, page 99, bounded and described in accordaoct: willi a Plan of Survey hy Stephen G. Fisher, Profel;Sional llInd Surveyor dated June 8. 1981 and bearing Drawing No. 81126 as follows: BEGINNING at a point on the Soothca.'l! side of Nortb Pill Street at property No. 707 now or fomlerl)' of John H. Brougher; thence extending from said begillJling point along me SOutheast side of NOrtll Pit! Street Nortb 06 degrees 13 mioot.ell &5117.00 feet to a point at propetty No. 711 being l.ot No. 1 of the above mentioned Plan of LoIS; thene<: extend log along same, passing lIlrough the cenledine of a party wall, Soulh 83 degrees 47 minutes East 97.625 feet to a railroad spike on the Nonhwest side of Fairgrourid Avenue: thence extending along same South O~ degrees 10 minutes 30 secondlll:ia.,t 17.34 feet to an iron pin at property now or fonnerly of John H. Brougher, aforementklncd; thence extending along same, Nprth 83 dcgr= 47 minutes W~ 101.05 feet w the first mentioned point and plate of lieg inning. TI11.e TO silO PRf.MISF.s 15 VESTIJO IN Benjamin F. Cooper and Stephanie L. Cooper, his wife by Deed from Roy F. Kotzmoyer and Joanne Y. Kotzmoyc:r, bis wife dated 1lI14f2000 and re<:ol'4ed 11122/4000 in Deed Dook: 234 page 668. . PROPERTY ADDRESS: 709 NORTH PITT STREET, CARLISLE, PA 17013 TAX PARCEL:'#06-19-1643-276A ., .. AFFIDAVIT OF SERVICE PLAINTIFF ' NATIONAL CITY BANK CUMBERLAND COUNTY PJT No. 04-4297-CIVIL DEFENDANT(S) BENJAMIN F. COOPER STEPHANIE L. COOPER A/KJA STEPHANIE L. SHENK ACCT. #8000073939 SERVE BENJAMIN F. COOPER AT 87 BROAD STREET NEWVILLE, PA 17241 Type of Action .. Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 . SERVED ~ Served and made known to j?nJJ J ;;J..w.~ t-J f Gore..-rL , Defendant, on the ;;<13 day of 0: ~~ If , 200t at Jf;()~ 'O'ClOcl~t-.m.,at 8'1 &-od-o:& gf.,) jJ-e..w\J...l\~ ,Commonwealth ofPennsyh:ania, in the manner described below: .K D~fendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. _ ' Jf Jk;- . }.b ~\~5<.:='.s Description: Ag~ Height .:5...b Weight i.!j:Q Race .ltJ..k Se'x R Other cC~ ~ \, ~a-'. yt. I, C~ ~"t-), ,,-' L. ~ ~,~ompetent adult, being duly sworn according 10 law, depose and state that I personally handed a true and correct copy of the Notic ofShenffs Sale m the manner as set forth herem, Issued m the captioned case on the date and at the address indiCated above. Other: .. NOTARIAL SEAl. LUCIllE It CAA1Y, Notary Public Letterkeoo'j Tl)'NiiS.~. Fmr.ldin County My~ ~ Nov. 10. 2IKff Sworn to and subscr'ited befo~rqe this a~ hay of u~~ /)/J Notary: . 'j BY:~ PLtASE ATTEMPT SERVI AT LEAST 3 TIMES. INDICATE rTIMES OF SERVICE ATTEMPIlW. NOT SERVED f . . ; On the : day of ,200_, at o'clock _.m., Defendant NOT FOUND becam.e: Moved Unknown No Answer Vacant 2nd Attempt: / / Time: 1 st Attempt: / / Time: 1 3rd At(empt:: / / Time: Sworn to and subscribed before me this ~ day of \ , 200 _" Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ...~ ,. l- . !l . o ~? c.,<,,J c:...:::> ...... ,c_ ,,' -~.~ c.'c) .. "'-;,) ---.; f ., ._~. . !'o, f';. t- AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF NATIONAL CITY BANK PJT No. 04-4297-CIVIL DEFENDANT(S) BENJAMIN F. COOPER STEPHANIE L. COOPER A/KJA STEPHANIE L. SHENK ACCT. #8000073939 I. SERVE STEPHANIE L. COOPER A/KJA STEPHANIE L. SHENK AT Type of Action .. Notice of Sheriff's Sale 87 BROAD STREET NEWVILLE, PA 17241 Sale Date: MARCH 2, 2005 SERVED JL SONed and made ~own to ~ "'f~" N; '<. L. c;;.f~ Defendant, on the ;!6 day of O~" Ip~ '" , 2004 at tt;O'), o'Clockf.m., at 87 6voa-6 st. I N~\~~'I \\~ , Commonweal~h of Pennsylvania, in the manner described below: Defendant" personally served. ~ Aault fainiLy member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). A~ent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Qther: ~ ') ". _ I II I 5 . ~C,) 'J\a~:5~ ~ Descripti~~:, Age ~ Height":> G W eight ~ Race JiJl S(~X ~ Other eta v (, '^-~Y"\ I, c\~" ~~-..;.~ '(. L G(I..~l ~ ' , a competent adult, being duly sworn according Ito law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned G'ase on the date and at the address indicated above. ":. NOTARIAL SEAl. LUClLE H. eARlY, = PublIc ~~Nov.1~ fA \oJ S~~~ f3 ("~~VoJ" ~ f. C eo f~v'L Sworn to and subscribftd bef~ es ~.aay of v 2oo!/:~ ~ JJ~ Nota~. .---r' By: {J ( . PLE~S,E: ATTEMPT SER EAT LE 3 TIMES. INDICATE DE' .. . ATTEMPTED. ., . ',. NOT SERVED On the , daY' of ,200_, at o'clock _.m., Defendant NOT FOUND becausi?: ~~, . Moved Unknown No Answer Vacant : 1 st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this _ day of . ,200._, Notary: .' t; . By: Attornev for Plaintiff Daniel G. Schmieg; Esquire - I.D. No. 62205 , (- 1: ~~,~\ I..'~ .; ,,' (J) .' ...~~ ~.-- (;,) .....: -..(.:. --! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL CITY BANK ) CIVIL ACTION ) vs. BENJAMIN F. COOPER STEPHANIE L. COOPER NKI A STEPHANIE L. SHENK ) CIVIL DIVISION ) NO. 04-4297-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) S8: I, FRANK FEDERMAN, ESQUIRE attorney for NATIONAL CITY BANK hereby verify that on 10/20/04 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 20,2005 \y) HI n D 0 ~k~ mllC ~HMIEG, ESQUIRE ~ Attorney for Plaintiff ."..; ~€- " 7- ". g %.'% ;:gO; 'g !\ - '" - '-" - .... - '" ~'2 O:l ,I<- \") ~z L-.. ~\ ?>. &~ i 0:;' z. all" :-n ~ a 0 o ~ \il ~g ~% ;~ ." . <z i g ?i S ~. ~~-~..; ~ Q8~ g G ~~a%g: ~;~ ~g:~ ~ . . ",." "- ,,~\1g~ ~~ Q.,~~' \'-.l .-' "",-'0 0'~;g5:;' n~H :g.'<:) '% ~2 i7;iR'66 ~1"&g~ CJ 1;;' a E. g. ~ \1 g ~ ~ ~!~~t ~~!\" .., ~.ml,i;' ",:::1;;'< 0.> ~.a~ E. ~ all.... %._._ 0 ~~U ?\~g .:" ~ ~ ~~R~ ~.~-s.n;s. 'S-'1b-a.'fi ogS%. 1"," ~ E.s~- ::.:a g.~ a 0;< \ i~~ .~%< w~g 'iI\!.:' . o _.~[ ~riOf' gif-gi ~ ~ '8:;; ~g,""~ ~~.~ ~ <0) ","9.<'i" ~ ~ 'g - - - o '"' "" -.1 "" '-" .... '" \R N .-' ~ ~ ,,' '" t 3 cr ~ ~'6!,~nCl~ \ilt;z~%l ~~~o~~ ti\zo~oa t"'~'ritn~t 88"ilt;t;~ Q~~;t:O' .V tn ;; 0 0 g. \il i" --.1 >n ~ ~ oc 0 >-d ~;;;~~~~ ,,~ov>2" ~b~1>~\ \il ~ <: tn ;:: ~ ~ 1, ~ g m V> ;;; ~ tn -J -J Cl 0 r'-~m\iln l~~i~ ~ ~ ~ ~ ;:; ~,,~~5 ,,::;'d~~ I:' e. ~ ~ ~ ~ ~ >n ~ G1 '" ~ 0 ~ 'd <: ~ g ';il ~ ~, ~ ~ 9 ~ p ~oJ o~ ztri tri>n ~Q Cl~ Cll~ triO \n 0 c'Z; _", ...-1(:'. tT'1 ":..7 ~ rrl n ?; "Cl ~'&O .....() v>O ;, c, _ Z 'd -I ';:l:>- () _0 ;3~ _'d "'> ~ Cl to :i> oJ 'i ~ '6 p t ~ Cl " Cl tri n o 'd ~:: ~~ ~ 'd '? ,,",' ,:,>Q.~ f.fl"'''' <") !"'t ~ . ~_.~ ll' .~'" ;::l ... Q. . "'l:i--'S(>n >;:1'a-. tI1 >;::.:...-....H . ~ -1 \V .~ ./r ~ ~tf\ t 'dge ~>nO - . '" ~~~ ~ .-!;j ~ "''''~ o~~~ '1'tt1C1'?3 ;;;g~r' ~~~~ l"d P {f).... ~~;.~ ... 0 ":J .... Cfl'" .' '" ~ ~' '" " .%~ ~ 0 \~ V> V> oJ ';; ~ ''d o " 'd - " ;3 - ~~'i.'C.S POs~ .c-, -10. Q_ 'C' ~ go ('~~~~~' ~,,~!y!:?:<::~'N z 1\._1 " o_..",.~-r,'~"'&:;-""->-,,",,,..c4' '=' :''M''{/ -~~,~;~;;:~ 'I;/;,~~;~r~~~'l <; '. -" $ 01.800 eei 21': /:\.,"", MP..\\.x.O fHor'", Z\P~:,OOE- ','21. ~ r-' = ~'_. ,) i:J"l <- :P" ::>.~ N .r;:- -() ::;c L:: c,,) -" oc-I- if ,LeT, 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 Central Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 2nd day of March AD., 2005, under and by virtue of a writ Execution issued on the 13th day of Oct, AD., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 4297, at the suit of National City Bank against Beniamin F Cooper & Stephanie L aka Stephanie L Shenk is duly recorded in Sheriffs Deed Book No. 268, Page 3450. IN TESTIMONY WHEREOF, I have hereunto set my hand 3 and seal of said office this day of /J107 ~ , AD. 2.g0::;' -'--7.c-r~// Recorder of Deeds _."Deodo ~Courily.CIIlIoIo,"'" My COmmII&Ian elpno tho _ MllI1diit of..... 2IllIII '. National City Bank VS Benjamin F. Cooper and Stephanie L. Cooper a/kla Stephanie L. Shenk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4297 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 03, 2004 at 3:11 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: Benjamin F. Cooper and Stephanie L. Cooper a/kIa Stephanie L. Shenk, by making known unto Stephanie Cooper, personally and wife of Benjamin F. Cooper, at 87 Broad Street, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 8:13 o'clock A.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 Benjamin F. Cooper and Stephanie L. Cooper a/kla Stephanie L. Shenk located at 709 North Pitt Street, Carlisle, 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: Benjamin F. Cooper and Stephanie L. Cooper a/kla Stephanie L. Shenk, by regular mail to their last known address of87 Broad Street, Newville, PA 17241. 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 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 March 02, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $53,900.00 to Ann Gatchell for Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$56,322.20. Sheriffs Costs: Docketing Ponndage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 1078.00 15.00 15.00 30.00 10.00 .50 Prothonotary Mileage Levy Certified Mail Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 1.00 11.84 15.00 1.80 30.00 297.95 336.82 30.73 25.00 39.50 $ 1968.14 Sworn and subscribed to before me This ~ day t p . 2005, A.D. Prot ry s02: r'1 1-~~~ R. Thomas Kline, Sheriff By,J chtjv~~ Real Estate eputy ~ db<!v o..JV ~ /, (1J (' l.l ~c .'~---o... '/JI.> en..... '(9 ~'J':! /0-. . It, 7 ~(J)/ " '. NATIONAL CITY BANK CUMBERLAND COUNTY Plaintiff, V. , COURT OF COMMON PLEAS BENJAMIN F. COOPER STEPHANIE L. COOPER AIKIA STEPHANIE L. SHENK CIVIL DIVISION NO.04-4297-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) NATIONAL CITY BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,709 NORTH PITT STREET. CARLISLE. PA 17013 . 1. Name and address ofOwner(s) or reputed OwnerCs): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENJAMIN F. COOPER 87 BROAD STREET NEWVILLE, PA 17241 STEPHANIE L. COOPER AlK/A STEPHANIE L. SHENK 87 BROAD STREET NEWVILLE, PA 17241 2. ,Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property.to be. sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) No~e' : t 4. Name and address of last recorded holder of every mortgage of record: N~e Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE COMPANY OF PA 419 STONEHEDGE DRIVE, SUITE 2 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest ~aybe affected by the sale. Name \- Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenanilO.ccupant 709 NORTH PITT STREET CARLISLE, P A 17013 . . Do.mestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare , PO Box 2675 Harrisburg, PA 17105 . ~<, . '. ~. Iverify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 12.2004 DATE ~j G. :>'A~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff '" . 'lit. . ,.. NATIONAL CITY BANK Plaintiff, CUMBERLAND COUNTY v. No. 04-4297-CIVIL BENJAMIN F. COOPER STEPHANIE L. COOPER A/KIA STEPHANIE L. SHENK Defendant(s). October 12,2004 TO: . BENJAMIN F. COOPER . .87 BROAD STREET NEWVILLE, PA 17241 STEPHANIE L. COOPER AlK/A STEPHANIE L SHENK 87 BROAD STREET NEWVILLE, PA 17241 **THlSFlRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** : Your house (real estate) at , 709 NORTH PITT STREET, CARLISLE, P A 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a,m. in the Cumberland County CourthQuse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $82,644.45 obtained by NATIONAL CITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L .. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to slop the sale through other legal proceedings. '. . ~' ( , Y QU may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. lfthc Shcriffs Sale is not stopped, your propcrty will bc sold to the highcst bidder. You may find out the price bid by calling (2 I 5) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. , 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find ~ut if this has happened, you may call (717) 240-6390. , .. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5.. You have the right to remain in the property until the full amount due is paid to 1he Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict YQU. . 6. You may be entitled to a share of the money which was paid for your house. A schedule of distributio)1 of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this sch~dule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. you may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYE,R OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 '. . .. , . LEGAL DESCRIPTION ALL TIM t CERTAIN tfact of land with the improvement~ thereon erected shamed ill the Dorough of Carlisle. Cumberland County, Pennsylvania being Lot No.2 of the Subdivision Plan for Robert E. and Sandra i.e>l'Schtusser, Plan Book 39, p:<ge 99, bounded ~nd described in accordance with a Plan of Survey hy Stephen G. Fisher, Professional IAn" Surveyor dated June 8. 19tH and bearing Drawmg No. 111126 3S follows: BEGINNING at a point on the SOIlthcast side of Norlh Pill Street al propeny No. 707 now or fonncrly of John H. Brougher; thence extending from ,;lid begilUlIllg poilll along the Soutllcast ,id" uf North Pill Street Nortb 06 degrees 13 minu!l$ BastI7.QO fect to a poiOl at propcny No. 711 being I.ot No.1 of the above mentioned Plan of Lots; then<< extellJling: along ~ame, passing through the centerline (tf a party wall, South 83 degrees 47 minutes East 97.625 fm to a railroad spike on the Northwest side of Fair&rotlM Avenue; thence extending along same South 05 degrees 10 minutes 30 seconds Ea.,( 17.34 fee\. \0 an iron pin at property now Of fonnerly of Johu H. Brougher, aforementioned; lhenc~ extending along same, Nllrtb 83 degrees 47 minutes West to /.Q5 f<<t t(J (lie fir51 mentioned point and plare of \legiltning. TIllE 19 S,.\u) PRf.MISF,S IS VESTED IN BeDjamin f, Cooper and Stephanie L. Cooper. his wife by Deed from Roy P. Koomoyer and Joanoe y, KolZmuyer, hiS wife dated 1lI14f2000 artd recorded 1112214000 ill Deed Book 234 page 668. .. PROPERTY ADDRESS: 709 NORTH PITT STREET, CARLISLE, PA 17013 TAX PARCEL: '#06-19-1643-276A , . WRIT OF EXECUTION'al\di.or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4297 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s) From BENJAMIN E. COOPER, STEPHANIE L. COOPER A/K/A STEPHANIE L. SHENK (I) 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $82,644.45 L.L. $.50 Interest FROM 10/12/04 TO 3/2/05 (PER DIEM - $13.59) - $1,916.64 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $180.58 Other Costs Plaintiff Paid Date: OCTOBER 13, 2004 CURTIS R. LONG (Seal) Prothonot~ \..........J!y: ~t;/) it P Deputy 7fOJA<L f REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 13 On November 23, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 709 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 23, 2004 By: jf) dy fvvJl~ Real EstattDeputy so ,( d (\ 130 ~nul ," :-"',1-' ,) ,JunJ Va ',,IN\I\.IJ ,1>" 135u.:lO .:l.:l1'tl3HS 3\U .:lG ~ ~ ~~~ (g9 ~ , . .- , 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 18th and 25th day(s) of January and the 1st day(s) ofFebmary 2005. That neither he nor said Company is interested in tbe 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 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 "MOO, Vohune 14, Page 317. PUBLICATION /1 i (/ / / i ~ ......................................................(.......................................... COpy SA L E #13 2005 A.D. 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 336.82 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.................................................................... REAL ESTATE SALE No. 13 WrlI No. 2OO4oo4Z87 CMITenn _I CIty Bank ' v. Benjamin F. Cooper and St8phan1e L ~ lIIIda St8phan1e L Shenk Ally: Frank r-.man DESCRIpTION ~ AIL TIIAT CEIl".AIN """ of land wi1h the improvcmeots tiJcre.<iI """"" situated in the Borough of CadisIe, Cumbcrlind County. I'eJmsylvaoia, being Lot No.2 of the Sobdivisioo Plan for RDbcn F.lIIIlI Sao1ha I.ce Schlosser. Plan Book 39. page 99, boooded lIIIlI deocribed in ~ wi1h . Plan of Sorvey by Stepben G. Fisbi7. Professiooal1aDd Sur.veym; dated lune 8, 1981llllllbearioglllllwiogNo.81126asfollows: BEGlNNING at a point on the Soutbeast side of Nm1b Pitt Street at Property No. 7f11 now or for-merly of lohn H. Brougber; tbern:e extending fromsaidbeginoingpointalongtheSootheast side ofNortb Pitt Street North 06 deg><os 13 minutes Fast 17.00 feet tD a point at property No. m being Lot No.1 of the aIxJvo.men1iooed Plan of Lots; 1hmce extending along same, passing tbroogbthe_of.panywall,Sootb83 deg><os 47 minutes East 'fI.f{}j feel to . nilroad spike 00 the Nortb_ side of Faityoood A... noe; tbeoce extending aloog same Sootb""ll5 degreeslOmin....~secondaEast1734feetto aniroopinatpropertyaow orfoooerlyofJobnH. BroogbeI. aforem<ntiOllCd; tbeoce extending along same, North 83 ~ 47 minotes West 101.05 feel to tbe fusl-men1iuned point lIIIlI p1ace ofBEGJNNING. Tm.E 10 SAID premises is vested in Benjamin F. Cooper lIIIlI StephaDie L Cooper. his wife. by Deed from Roy F. Kollmoyer lIIIlI loaone Y. KoI2moyer, his wife, dated 11/14121IOO and recorded 11122/2OOJ in Deed Book 234 page 668. PROPI!IITY ADDRESS: 709 North Pitt Street.CadisIe,PA17013. r"ParcelfIJ6.1H643-276A. ., . . , 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 ~~) j. vkJripAJ Notary REAL ESTATE SALE NO. 13 Writ No. 2004-4297 Civil National City Bank vs. Benjamin F. Cooper and Stephanie L. Cooper ajkja Stephanie L. Shenk Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situated in the Borough of Carlisle, Cumberland County, Penn- sylvania being Lot No.2 of the Sub- division Plan for Robert E. and Sandra Lee Schlusser, Plan Book 39, page 99, bounded and described in accordance with a Plan of Survey by Stephen G. Fisher, Professional Land Surveyor dated June 8, 1981 and bearing Drawing No. 81126 as follows: BEGINNING at a point on the Southeast side of North Pitt Street at property No. 707 now or formerly of John H. Brougher; thence ex- tending from said beginning point along the Southeast side of North Pitt Street North 06 degrees 13 min- utes East 17.00 feet to a point at property No. 711 being Lot No. 1 of the above mentioned Plan of Lots: thence extending along same. pass- ing through the centerlIne of a party wall, South 83 degrees 47 minutes East 97.625 feet to a railroad spike on the Northwest side of Fairground Avenue: thence extending along same South 05 degrees 10 minutes 30 seconds East 17.34 feet to an iron pin at property now or formerly of John H. Brougher. aforemen~ tioned: thence extending along same, North 83 degrees 47 minutes West 101.05 feet to the first men~ lioned point and place of beginning. TITLE TO SAID PREMISES IS VESTED IN Benjamin F. Cooper and Stephanie L. Cooper, his wife by Deed from Roy F. Kotzmoyer and Joanne Y. Kotzmoyer, his wife dated 11/14/2000 and recorded 11/22/ 2000 in Deed Book 234 page 668. PROPERTI ADDRESS: 709 North Pitt Street, Carlisle. PA 17013. TAX PARCEL: #06-19-1643- 276A. SCHEDULE OF DISTRIBUTION SALE NO. 13 Date Filed: April 0 I, 2005 Writ No. 2004-4297 Civil Term National City Bank VS Benjamin F. Cooper and Stephanie L. Cooper a/k/a Stephanie L. Shenk 709 North Pitt Street Carlisle, P A 17013 Sale Date: Buyer: Bid Price: March 02, 2005 Central Penn Property Services, Inc. $53,900.00 Real Debt: Interest: Attorney Costs: $82,644.45 1,916.64 180.58 Total: $84,741.67 DISTRIBUTION: Receipts: Cash on account (I 1118/2004): Cash on account (03/02/2005): Cash on account (03/18/2005): $ 1,500.00 5,390.00 50,932.20 Total Receipts: $57,822.20 " Disbursements: Sheriff's Costs Legal Search State Transfer Tax Local Transfer Tax Darlene Moyer, Local Tax Collector Borough of Carlisle Attorney Daniel Schmieg National City Bank Total Disbursements: Balance for distribution: So Answers: .~~~~ R. Thomas Kline Sheriff $ 1,968.14 200.00 572.10 572.10 280.09 49.20 1,500.00 52,680.57 ($57,822.20) 0.00 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOV AL IS PRODUCED. SHERIFF SALE NO. 13 Held Wednesday, March 2, 2005 Date: March 2, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Roy F. Kotzmoyer and Joanne Y. Kotzmoyer, his wife, by deed dated November 14, 2000 and recorded November 22, 2000 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 234, Page 668, granted and conveyed to Benjamin F. Cooper and Stephanie L. Cooper, his wife. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Pitt Street and Fairground A venue. 6. Conditions, easements and restrictions shown on or set forth on Plan for Robert E. and Sandra Lee Schlusser recorded in Cumberland County Plan 39, Page 99. 7. Mortgage in the amount of $58,954.00 given by Benjamin F. Cooper and Stephanie L. Cooper to National City Bank dated November 15,2000 and recorded November 22, 2000 in Mortgage Book 1653, Page 820. Complaint in Mortgage Foreclosure filed on August 27,2004 by National City Bank as Plaintiff against Benjamin F. Cooper and Stephanie L. Cooper, also known as Stephanie L. Shenk in the Office of the Prothonotary to file number 2004-4297. Judgment in the amount of $82,644.45 entered on October 13,2004. 8. Mortgage in the amount of $16,478.00 given by Benjamin F. Cooper and Stephanie L. Cooper to Beneficial Consumer Discount Co. dated December 30, 2002 and recorded December 31, 2002 in Mortgage Book 1789, Page 3820. 9. Rights in party wall which forms a portion of the property boundary line for the subject premises. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after July I, 2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note; This Title Report shall not be val" or inding until countersigned by an authorized si nato " , REAL ESTATE SALE NO. 13 Writ No. 2004-4297 Civil National City Bank vs. Benjamin F. Cooper and Stephanie L. Cooper a/k/a Stephanie L. Shenk Atty.: Frank Federman LEGAL DESCRIPTION ALL TIfAT CERTAIN tract of land with the improvements thereon erected situated in the Borough of Carlisle. Cumberland County. Penn- sylvania being Lot No.2 of the Sub. division Plan for Robert E. and Sandra Lee Schlusser. Plan Book 39. page 99, bounded and described in accorqance with a Plan of Survey by Stephen G. Fisher, Professional Land Surveyor dated June 8. 1981 and bearing Drawtng No. 81126 as follows: BEGINNING at a point on the Southeast side of North Pitt Street at property No. 707 now or formerly of John H. Brougher: thence ex- tending from said beginning point along the Southeast side of North Pitt Street North 06 degrees 13 mJn- utes East 17.00 feet to a point at property No. 711 being Lot No. I of the above mentioned Plan of Lots; thence extending a1on~ same, pass- ing through the centerline of a party wall, South 83 degrees 47 minutes East 97.625 feet to a railroad spike on the Northwest side of Fairground Avenue; thence extending along same South 05 degrees 10 minutes 30 seconds East 17.34 feet to an iron pin at property now or formerly of John H. Brougher. aforemen- tioned; thence extending along same, North 83 degrees 47 m1nutes West 101.05 feet to the first men- tioned point and place of beginning. TITLE TO SAID PREMISES IS VESTED IN Benjamin F. Cooper and Stephanie L. Cooper. his wife by Deed from Roy F. Kotzmoyer and Joanne Y. Kotzmoyer. his wife dated 11/14/2000 and recorded 11/22/ 2000 in Deed Book 234 page 668. PROPER1Y ADDRESS: 709 North Pitt Street. Carlisle. PA 1101"3'- TAX PARCEL: #06-19- I 643- 276A.