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HomeMy WebLinkAbout02-0438BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff vs. PAULA H. STAHL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 02. 4(3 TIHS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff VS. IN THE -COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE PAULA H. STAHL, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff vs. PAULA H. STAHL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE as %J COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANKONE, NATIONAL ASSOCIATION, TRUSTEE, a national association acting through its servicing agent Homecomings Financial Network, Inc. whose address is 9275 SKY PARK COURT, SUITE 300, SAN DIEGO, CALIFORNIA 92123. 2. Defendant, PAULA H. STAHL, is an adult individual whose last known address is 2101 LAMBSGAP ROAD, ENOLA, PENNSYLVANIA 17025. 3. On or about, June 30, 1998, the said Defendant executed and delivered a Mortgage Note in the sum of $83,200.00. The said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of the Defendant. Plaintiff also avers that the within mortgage foreclosure complaint is based upon the mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019 (h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1465, Page 401 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to IMC MORTGAGE COMPANY and was recorded in the aforesaid County in Mortgage Book 624, Page 188. The Mortgage was further assigned to BANKONE, NATIONAL ASSOCIATION, TRUSTEE and was sent for recording. Said Mortgage and Assignments are incorporated herein. 5. The land subject to the Mortgage is: 2101 LAMBSGAP ROAD, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 07, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $25.31 per day From 07/07/2001 To 02/07/2002 (based on contract rate of 11.5000%) Late Charges $41.20 From 08/07/2001 to 02/07/2002 Attorney's Fee at 5% of Principal Balance TOTAL $79,246.94 $5,441.65 $247.20 $3,962.35 $88,898.14 "Together with interest at the per diem rate noted above after February 07, 2002 and other charges and costs to date of Sheriff's Sale. 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 that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Pennsylvania Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 11.5000% ($25.31 per diem), together with other charges and costs including escrow advances incidental thereto to the date of riff s Sale and for foreclosure and sale of the property within described. By: PURCELL,KRU & LER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) PHA'r CERTAIN tract or palroel of1iland and premises, situate, being in the Township of Hampden, in tile 'County of Cumber- Commonwealth of Pennsylvania, more particularly described as BEGINNING at a point in the center lino of intersection of Legislative Route No. 21001 (Wertaville Road) and I.egislatLve Route No, 21051 (Lambs Gap Road)1 thence along the center line of L.R. 21001 South 85 degrees 30 minutes West; 214.94 feet to a point on line of lands now or late of Mary and Elizabeth Bretzl thence along lands of same North 10 degrees 30 minutes 18 seconds West, 469,26 feet to a point in the right-of-way of L.R. 21051) thence through the right-of- way of L.R. 21051 North 73 degrees 33 minutes 14 seconds East, 20.59 feet to a points the canter line of L.R. 210511 thence along the cen- ter line of L.R.. 21051 South 27 degrees 21 minutes East 43.70 feet to a point) thence along same South 35 degrees 16 minutes East, 360 feet to a point) thence along same Scotit 26 degrees 14 minutes East, 117.70 feet to a point in the center line of Intersection of L.R. 21051 and L.R. 21001, the PLACE OF BEGINNING. HAVING thereon erected a stone and frame dwelling house, small cottage, garage, and other small buildings. BEING the name premises which David L. Albright and Ann R. weigle by their Deed dated December 9, 1993, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book M30, Page 505, granted and conveyed unto Gary L. Stahl and Paula il. Stahl, his wife, Grantors herein. This is an exempt transfer from husband and wife to wife. State of Pennsylvania County of Cumberland) 86 Ref rded in the ffice for the recording of Deeds efYes forlrmd County, PN/ in oo Vol, e y hand and s4?al of ffice f Carlisle, Carlisle, PA this d of of o 567 ' boo 17"T IL I .. c, t X IUIT '1? ff r, tobY1465ram A07 Y its OD rat •' 11 •? •Il C1 ? ?. Cl 71 1 -1 1.1 eo •+ 'nl c: .. v .1 ,Jl • Isl Lying ano land, and foll'owai VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE., Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: January 23, 2002 Leon P. Haller, Esquire o 0 MTR Z ?3 ?r cn ?- 0 N N vl x W rv r .-ACT) ?rn Y cl%? F. . v t - ,1 j C:, ? u m G v y a >+ U) Q) o ? ai ao 8 a1 al a1 ? ? e a p 4, eo w O U f O co O y w G I4 a ses ?4 O H z a o o O G c U r4 O a) 4J co G < z m 4-) U G Sa cO G 41 "? N c s? O O z O U) G9 •-H sM1 ?w +l G i O G .u . +3 w G m 0 Q) U cz (D rl O a0 d G •ro ? ca y v u N O U G ? 4 NO O 0. 4J A H 4 n co G G ( E 3-i ESp • mwr--4 ca 00 G ?•? O O aa¢a a+ caw - xz HM-9S I L9 • A0-991 L9 • IS CG 149 • 2G ZS 149 o RWOd 00 AlddnS wmi 31V19'liv SHERIFF'S RETURN - REGULAR CASE NO: 2002-00438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOC VS STAHL PAULA H JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon cTATrT PAULA H the DEFENDANT , at 2017:00 HOURS, on the 13th day of February , 2002 at 2101 LAMBS GAP ROAD ENOLA, PA 17025 by handing to PAULA STAHL 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 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ?-74,4- day of ApV)- A. D. ry p i!!u nota C" " So Answers: roo Thomas Kline 02/14/2002 PURCELL KRUG HALLER By: p ty heriff BANKONE, NATIONAL ASSOCIATION TRUSTEE PLAINTIFF VS. PAULA H. STAHL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION LAW NO. 2002 438 IVIL IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor oflthe Plaintiff and against Defendants PAULA H. STAHL for failure to lead to the above action within twenty (20) days from date ofi service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance $79,246.94 Interest $ 5,441.65 (Per diem of $25.31 from 7/7/01 to 2/7/02) Late charges $ 247.20 ($41.20 per month to 2/02) Escrow Deficit $ 5% Attorney's Commission 3,962.35 TOTAL $88,898.14** ** Together with additional interest at the per d em rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG DER By Leon P. Haller I.D 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 415700 K iM K F\DOCS\CU M B E RLA\STAHL. P T C1 'j ' N 't! 71 t17 ?.'. N ---s IC2 C-) `? t13 -13 7V ? ? Dc w ti ?rr+ BANKONE, NATIONAL ASSOCIATION TRUSTEE PLAINTIFF VS. PAULA H. STAHL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CO'., PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 438 IVIL IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on March 14, 2002 I Notice required by Pa. R.C.P. 237.1 on the Def matter by regular first class mail, postage prey on the attached Notice. By Leon P. Hall Attorney for Purcell, Kru 1719 North F Harrisburg, erved the Ten Day ndant (s) in this aid, as indicated r PA I.D. #15700 Plaintiff & Haller ont St. 17102 C) C- g- r -s Lt. C= z Z C., N i r , :' rv --? BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-438 PAULA H. STAHL : CIVIL ACTION LAW Defendant : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: March 14, 2002 TO: PAULA H. STAHL 2101 LAMBS GAP ROAD ENOLA, PA 17025 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A Vb PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUP OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE EN WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHE] YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & By LEON P. HALLER, I.D. # 15700 1719 N. Front St., H (717) 234-4178 RITTEN APPEARANCE T YOUR DEFENSES OR ACT WITHIN TEN (10) rERED AGAINST YOU t IMPORTANT RIGHTS. VOT HAVE A LAWYER OFFICE TO FIND OUT for Plaintiff PA 17102 ?, o N !? G- ? T T Z?: N -J CJ ?/7 e-, ` _-a -.r, --? : :, -y ? , -ri ?? ?y r ? ,.+Z 4 ? ? i ? . ? SJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 438 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, PLAINTIFF VS. PAULA H. STAHL, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT Interest at to sale date Late charges to sale date Escrow Defic TOTAL *SALE DATE: (PROTHONOTP Plaintiff Attorney _ Sheriff _ This Writ $88,898.14 25.31 per diem $ 5,264.48 at $41.20 per month $ 247.20 t $ 2,000.00 $96,409.82* EDS.,SEPT. 4,2002 'S USE) T OF EXECUTIC D u r D 49 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above capti Date: June 11, 2002 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: Leon P. Haller PA I.D. #15700 case. To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 2101 LAMBS GAP ROAD, ENOLA, PENNSYLVANIA 17025. Date: PROTHONOTARY BY CIVIL DIVISION K:\ MKFMOCSICUMBERLA\STAHL W ALL THAT CERTAIN tract or parcel of land and p emises, situate, lying and being in the Township of Hampden, in the C unty of Cumber- land, and Commonwealth of Pennsylvania, more particu arly described as follows: BEGINNING at a point in the center line of Legislative Route No. 21001 (Wentzville Road) and Le No. 21051 (Lambs Gap Road); thence along the center South 85 degrees 30 minutes West, 214.94 feet to a p lands now or late of Mary and Elizabeth Bretz; thenc same North 10 degrees 30 minutes 18 seconds West, 46 point in the right-of-way of L.R. 21051; thence thro way of L.R. 21051 North 73 degrees 33 minutes 14 sec feet to a point; the center line of L.R. 21051; then ter line of L.R..21051 South 27 degrees 21 minutes E a point; thence along same South 35 degrees 16 minut to a point; thence along same South 26 degrees 14 mi feet to a point in the center line of.Intersection o L.R. 21001, the PLACE OF BEGINNING. intersection of islative'Route ine of L.R. 21001 int on line of along lands of .26 feet to a gh the right-of- nds East, 20.59 e along the cen- st 43.70 feet to s East, 360 feet utes East, 117.70 L.R. 21051 and HAVING THEREON ERECTED A DWELLING KNOWN AS 210 LAMBS GAP ROAD, ENOLA, PENNSYLVANIA 17025. BEING THE SAME PREMISES WHICH Gary L. Stahl and deed dated 6/20/85 and recorded 7/22/85 in Deed E granted and conveyed unto Paula H. Stahl. TO BE SOLD AS THE PROPERTY OF PAULA H. STAHL ON 2002 438 CIVIL. Paula H. Stahl by ook J-31, Page 567 JUDGMENT NO. PARCEL: ##10-13-0991-010 V?j rJ _ A d _ _ _ f l 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 BANKONE, NATIONAL ASS( Plaintiff (s) From PAULA H. STAHL, 2101 LAMBS GAP ROAD, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell S DESCRIPTION. (2) You are a)so directed to attach the property of the defendant(s) not levied uF of GARNISHEE(S) as follows: NO 02-438 Civil CIVIL ACTION - LAW and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gars paying any debt to or for the account of the defendant (s) and from delivering any (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is foi of anyone other than a named garnishee, you are directed to notify him/her that he garnishee and is enjoined as above stated. Amount Due $88,898.14 L.L. $.50 Interest AT $25.31 PER DIEM TO SALE DATE $5,264.48 - LATE CHA MONTH TO SALE DATE $247.20 Atty's Comm % Due Prothy $1.00 Atty Paid $107.59 Other Costs ESCROW Plaintiff Paid Date: JUNE 12, 2002 CURTIS R. LONG (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 ATION, TRUSTEE, LEGAL in the possession .e(s) is enjoined from operty of the defendant l in the possession ie has been added as a AT $41.20 PER ICIT $2,000. BANKONE, NATIONAL ASSOCIATION IN THE COURT TRUSTEE CUMBERLAND C, PLAINTIFF VS. CIVIL ACTION NO. 2002 438 PAULA H. STAHL, DEFENDANT IN MORTGAGE OF COMMON PLEAS 7., PENNSYLVANIA - LAW CIVIL ORECLOSURE The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the pra cipe for the writ of execution was filed, the following informati n concerning the real property located at 2101 LAMBS GAP ROAD, E OLA, PA 17025: 1. Name and address of the Owner(s) or Paula H. Stahl 2101 Lambs Gap Road Enola, PA 17025 2. Name and address of Defendant (s) in different from that listed in (1) above: SAME 3. Name and address of every judgment credi appears of record on the real property to be so: 4. Name and address of last recorded holder of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person lien on the property: UNKNOWN xted Owner (s) : the Judgment, if whose judgment of every mortgage has any record 6. Name and address of every other person ho has any record interest in the property and whose interest may e affected by the sale: UNKNOWN 7. Name and address of every other pe son of whom the Plaintiff has knowledge who has any interest in he property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this 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. Section 4904 re ating unsworn falsification to authorities. ?.' Leon P. Halle PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, 17102 (717) 234-4178 DATE: June 11, 2002 n J rc; r. l? C.? ter, ? ?1 .3 C ,, O -C t? -c BANKONE, NATIONAL ASSOCIATION T`;',?STEE PLAINTIFF VS. PAULA H. STAHL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTIONI- LAW NO. 2002 438ICIVIL IN MORTGAGE FORECLOSURE 2IFF' S SALE C PURSUANT TO TAKE NOTICE: That the Sheriff's Sale of Real Property (re held: DATE: TIME: LOCATION Commissioner's Hearing Room 2nd Floor Cumberland County Courthous Carlisle, Pennsylvania 170 3 estate) will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold iE 2101 Lambs Gap Road Enola CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002 438 THE NAME(S) OF THE OWNER(S) OR REPUTED WEDNESDAY, September 4, 2002 10:00 O'clock A.M. of this property LS PAULA H. STAHL A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale re eived and to be disbursed by the Sheriff (for example, to banks teat hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at- the Courthouse address specified herein. YOUR PROPERTY. I IT MAY CAUSE PAY THE JUDGMENT. You may have legal rights to prevent your p operty from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your righ s, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER T ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Associat 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of ehe within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure t.zsed against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other pr per cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be' presented to the Court of Common Pleas of the within County. Th petition must be served on the attorney for the creditor or on t e creditor before presentation to the court and a proposed orde or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & LLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-41-78 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumber- land, and Commonwealth of. Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of Legislative Route No. 21001 (Wertzville Road) and Le No. 21051 (Lambs Gap Road); thence along the center South 85 degrees 30 minutes West, 214.94 feet to a p lands now or late of Mary and Elizabeth Bretz; thenc same North 10 degrees 30 minutes 18 seconds West, 46 point in the right-of-way of L.R. 21051; thence thro way of L.R. 21051 North 73 degrees 33 minutes 14 sec feet to a point; the center line of L.R. 21051; then ter line of L.R..21051 South 27 degrees 21 minutes E a point; thence along same South 35 degrees 16 minut to a point; thence along same South 26 degrees 14 mi feet to a point in the center line of.Intersection o L.R. 21001, the PLACE OF BEGINNING. intersection of islative*Route ine of L.R. 21001 int on line of along lands of .26 feet to a gh the right-of- nds East, 20.59 e along the cen- st 43.70 feet to s East, 360 feet utes East, 117.70 L.R. 21051 and HAVING THEREON ERECTED A DWELLING KNOWN AS 210 LAMBS GAP ROAD, ENOLA, PENNSYLVANIA 17025. BEING THE SAME PREMISES WHICH Gary L. Stahl and deed dated 6/20/85 and recorded 7/22/85 in Deed B granted and conveyed unto Paula H. Stahl. TO BE SOLD AS THE PROPERTY OF PAULA H. STAHL ON 2002 438 CIVIL. PARCEL: 410-13-0991-010 Paula H. Stahl by ok J-31, Page 567 JUDGMENT NO. r+? C_ } BANKONE, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS TRUSTEE CUMBERLAND CO., PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW NO. 2002 438 CIVIL PAULA H. STAHL, DEFENDANT IN MORTGAGE FORECLOSURE SUPPLEMENTAL AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 2101 LAMBS GAP ROAD, ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): Paula H. Stahl 2101 Lambs Gap Road Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 James Carchidi 60 Highridge Terrace Mechanicsburg, PA 17055 Linda Carchidi 60 Highridge Terrace Mechanicsburg, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein,- re made subject to the penalties of 18 PA C.S. Section 4904 eating to unsworn falsification to authorities. Leon P. Purcell 1719 Nc Harrisb (717) rialler PA I.D. Krug & Haller th Front Street rg, PA 17102 234-4178 5700 DATE: July 23, 2002 ..N %` fV w L?D C E-,ANKONE, NATIONAL ASSOCIATION TRUSTEE PLAINTIFF VS. PAULA II. STAHL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 438 CIVIL IN MORTGAGE FORECLOSURE RETURN OF SERVICE hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on a true and correct copy.of the Notice of Sale of Real Estate pursuant to PA R.C.P. to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with .'.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as 1 ows : Prula H. Stahl 2_01 Lambs Gap Road ?nola, PA 17025 Domestic Relations Office Cumberland County Courthouse iianover & High Streets Carlisle, PA 17013 James CarchiAi 60 Highridge Terrace Mechanicsburg, PA 17055 Linda Carrhidi 60 Highridge Terrace Mechanicsburg, PA 17055 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 )011N )a PLR( ILI- TELEPHONE (717) 234-4178 I [(M;> Rn t1- KM 6 FORECLOSURE DEPT. FAX (717) 234-1206 1 1 "N 11. II;AI.I_Ell J01N V% III .I R( 'ELL IR. Id RI:>? I. ll'I I:R II LI. Rt. ANI N 19C:A (717) 533-3836 NOTICE TO: Paula H: Stahl Janes rarchidi 2101 Lambs Gap Road 60 Higbridge Terrace Enola, PA 17025 Mectanicsbung, PA 17055 Domestic Relations Office Cumberland County Courthouse Linda Cam"di Hanover & High Streets 60 Highridge Terrace Carlisle, PA 17013 mechanicsburg, PA 17055 JOSEPH NISSLEV (1910-1982) ANTHONY Di5ANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens ,gai.nst -he real estate which is the subject of the Notice of Sale p.irsuant to Pennsylvania Rule of Civil Procedure 3129.1 attached here-o. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution i,sued out of the Court of Common Pleas of the within county on the -1, 1, of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that reli estate will be divested by spportunity to protect your int, therff's Sale. By: the lien the sale _rest, if Leon P. Attorney you hold against the said and that you have an any, by being notified of daller PA I.D.15700 for Plaintiff OASJRONF, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS h*;?rE CUMBERLAND CO., PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW NO. 2002 438 CIVIL PAULA H. STAHL, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: ^hat the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, September 4, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured hnundaries of the property, together with a brief mention of the bi_.iidings and any other major improvements erected on the land. ,SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 2101 Lambs Gap Road Enola CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being 1(d d is docketed in the within Commonwealth and County to: No. 2002 438 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property PAULA H. STAHL A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to ;receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the ^he::_iff of this County thirty (30) days after the sale and 1'ssrrib,,:.tion of the proceeds of sale in accordance with this '.edule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained f_x:om the Sheriff of the Court of Common Pleas of the within County 1t the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being oaken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 Association 17013 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: t. You may file a petition with the Court of Common Pleas of within County to open the judgment if you have a meritorious d..fense against the person or company that has entered judgment j_fainst you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure ?zsed against you. After the Sheriff's Sale you may file a petition with the _?-art o.`_ Common Pleas of the within County to set aside the sale f-r i ctrossly inadequate price or for other proper cause. This peel:i-:_on MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. A petition or petitions raising the legal issues or rights il'e.itioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be rued on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. [f a specific return date is desired, such date must be obtained from the Court Administrator's office - Civil Division, of t'.ie -within County Courthouse, before a presentation of the petition tine Court. a copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumber- land, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of intersection of Legislative Route No. 21001 (Wentzville Road) and Legislative Route No. 21051 (Lambs Gap Road); thence along the center line of L.R. 21001 South 85 degrees 30 minutes West, 214.94 feet to a point on line of lands now or late of Mary and Elizabeth Bretz; thence along lands of same North 10 degrees 30 minutes 18 seconds West, 469.26 feet to a point in the right-of-way of L.R. 21051; thence through the right-of- way of L.R. 21051 North 73 degrees 33 minutes 14 seconds East, 20.59 feet to a point; the center line of L.R. 21051; thence along the cen- ter line of L.R..21051 South 27 degrees 21 minutes East 43.70 feet to a point; thence along same South 35 degrees 16 minutes East, 360 feet to a point; thence along same South 26 degrees 14 minutes East, 117.70 feet to a point in the center lire of.Intersection of L.R. 21051 and L.R. 21001, the PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 2101 LAMBS GAP ROAD, ENOLA, PENNSYLVANIA 17025. EEING THE SAME PREMISES WHICH Gary L. Stahl and Paula H. Stahl by deed dated 6/20/85 and recorded 7/22/85 in Deed Book J-31, Page 567 ?r_;= -_ d and conveyed unto Paula H. Stahl. TO BE SOLD AS THE PROPERTY OF PAULA H. STAHL ON JUDGMENT NO. 2002 438 CIVIL. PARCEL: 410-13-0991-010 Rc: IqC vs. Stahl ''umberland 9/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: L719 North Front Street Harrisburg, PA 17102 ::e piece of ordinary mail addressed to: Postmark: Pula H. Stahl 2101 Lambs Gap Road Enola, PA 17025 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: D,)mestic Relations Office umberland County Courthouse Hanover & High Streets (,arlisle, PA 17013 Postmark: Re: Bankone, National Associatiion/STAHL, Paula H. CUMBERLAND COUNTY SALE SEPTEMBER 4, 2002 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: James Carchidi 60 Highridge Terrace Mechanicsburg, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Linda Carchidi 60 Highridge Terrace Mechanicsburg, PA 17055 n ^ o C_ r., -., -- ?. _, z. C- N i ?c% - _ ? ?_: i ?,: `, -;? - ?"`j COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which BankOne N A Tr is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 438, at the suit of BankOne N A tr against Paula H Stahl is duly recorded in Sheriff's Deed Book No. 254, Page 395. IN TESTIMONY WHEREOF, II have hereunto set my hand and seal of said office this &I day of , A.D. 2002 Bankone, National Association Trustee Vs Paula H. Stahl In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-438 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 7:21 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Paula H. Stahl, by making known unto Paula H. Stahl, personally, at 2101 Lambs Gap Road, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 5:31 o'clock PM, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Paula H. Stahl, located at 2101 Lambs Gap Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Paula H. Stahl, by regular mail to her last known address of 2101 Lambs Gap Road, Enola, PA 17025. This letter was mailed under the date of July 18, 2002 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 Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for BankOne, National Association, trustee. It being the highest bid and best price received for the same, BankOne, National Association, trustee of 9275 Sky Park Court, Suite 300, San Diego, CA 92123, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $785.15, it being costs. Sheriffs Costs Docketing $ 30.00 Poundage 15.39 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 16.56 Certified Mail 2.25 Levy 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.00 302.60 232.15 25.20 25.00 29.50 S 785.15 paid by attorney 10/14/02 Swom and subscribed to before me This kf- day of I 2002, A.D. p ro honotary So An e R. Thomas Kline, S enff Real Estate Deputy cw? ? 3D .0) 'J ?. S 130 71 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff (s) From PAULA H. STAHL, 2101 LAMBS GAP ROAD, ENOLA, PA 17025 (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,898.14 L.L. $.50 Interest AT $25.31 PER DIEM TO SALE DATE $5,264.48 - LATE CHARGES AT $41.20 PER MONTH TO SALE DATE $247.20 Any's Comm % Due Prothy $1.00 Any Paid $107.59 Other Costs ESCROW DEFICIT $2,000. Plaintiff Paid Date: JUNE 12, 2002 CURTIS R. LONG Prothonot (Seal) L By o Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 Real Estate Sale # 70 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 2101 Lambs Gap Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By: f po(v f Real Estate Deputy BANKONE, NATIONAL ASSOCIATION P"TTCTEE PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW . NO. 2002 438 CIVIL PAULA H. STAHL, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, K_ua d Haller, sets forth as of the date the praecipe for the writ or execution was filed, the following information concerning the real property located at 2101 LAMBS GAP ROAD, ENOLA, PA 17025: t. Name and address of the Owner(s) or Reputed Owner(s): Paula H. Stahl 2101 Lambs Gap Road Enola. PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 1. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): G. Name and address of every other person who has any record lien on the property: UNKNOWN Name and address of every other person who has any record interest in the property and whose interest may be affected by the s, ].e: UNKNOWN Name and address of every other person of whom the Plai^_tiff has knowledge who has any interest in the property which :n.y ?e affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) verify that the statements made in this Affidavit are true 11 '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. Section 4904 relating to unsworn falsification to authorities. Leon P. Hailer PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 11, 2002 PPNNONE, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS TE CUMBERLAND CO., PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - LAW NO. 2002 438 CIVIL PAULA H. STAHL, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, September 4, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 2101 Lambs Gap Road Enola `. CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being i.s docketed in the within Commonwealth and County to: No. 2002 438 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property PAULA H. STAHL A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or ycvernmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be :lisnursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and 1_stribction of the proceeds of sale in accordance with this sched.:le will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. ntormation about the Schedule of Distribution may be obtained _rom the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these eights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 71.7-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of n c,ithin County to open the judgment if you have a meritorious cstense against the person or company that has entered judgment I-'',;n:t You. You may also file an petition with the same Court if you ).re aware of a legal defect in the obligation or the procedure used aciainst you. 3. After the Sheriff's Sale you may file a petition with the rt of Common Pleas of the within County to set aside the sale or -=i c{rossly inadequate price or for other proper cause. This ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumber- land, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of intersection of Legislative Route No. 21001 (Wertzville Road) and Legislative Route No. 21051 (Lambs Gap Road); thence along the center line of L.R. 21001 South 85 degrees 30 minutes West, 214.94 feet to a point on line of lands now or late of Mary and Elizabeth Bretz; thence along lands of same North 10 degrees 30 minutes 18 seconds West, 469.26 feet to a point in the right-of-way of L.R. 21051; thence through the right-of- way of L.R. 21051 North 73 degrees 33 minutes 14 seconds East, 20.59 feet to a point; the center line of L.R. 21051; thence along the cen- ter line of L.R..21051 South 27 degrees 21 minutes East 43.70 feet to a point; thence along same South 35 degrees 16 minutes East, 360 feet to a point; thence along same South 26 degrees 14 minutes East, 117.70 feet to a point in the center line of.Intersection of L.R. 21051 and L.R. 21001, the PLACE OF BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 2101 LAMBS GAP ROAD, ENOLA, PENNSYLVANIA 17025. PEING THE SAME PREMISES WHICH Gary L. Stahl and Paula H. Stahl by I%ed dated 6/20/85 and recorded 7/22/85 in Deed Book J-31, Page 567 xrinted and conveyed unto Paula H. Stahl. PO BE SOLD AS THE PROPERTY OF PAULA H. STAHL ON JUDGMENT NO. 2002 438 CIVIL. PARCEL: #10-13-0991-010 i t THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: THE PATRIOT NEWS That he is the 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 unda 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 on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. 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 verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY .....:.. ................—... ..... ........................... Sworn to 14th day of lirgust12202 A.D. SALE#70 REAL ESTATE SALE No. 70 Writ No. 2002-438 Civil Term Bankone, National Association Trustee vs Paula H. Stahl Atty: Leon P. Haller DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center tine of intersection of Legislative Route No. 21001 (Weruville Road) and Legislative Route No. 21051 (Lambs Gap Road); thence along the center line of L.R. 21001 South 85 degrees 30 minutes West, 214.94 feet to a point on line of lands now or late of Mary and Elizabeth Bretz; thence along lan& of same North 10 degrees 30 minutes 18 seconds West, 46926 feet to a point Notarial Seal Terry L. Russell, Notary Public City of Harrisburg, Dauphin Coun My Commission Expires June 6.2006 NOTARY PUBLIC Member. Pennsylvania Association Of NotarieMy commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 230.40 Probating same Notary Fee(s) $ 1.75 Total Publisher's Receipt for Advertising Cost $ 232.15 The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the afo resaid notice and publication costs and certifies that the same have been duly paid. in the right-of-way ot L.R. 21051; thence through the right-of-way of L.R. 21051 North 73 degrees 33 minutes 14 seconds East, 20.59 feet to a point; the center line of L.R. 21051; thence along the By ................. ........................................... center line of L.R. 21051 South 27 degrees 21 minutes East 43.70 feet to a point; thence along same South 35 degrees 16 minutes East, 360'eet BEING THE SAME premises which Gary L. to a point; thence along same South 26 degrees Stahl and Paula H. Stahl by deed dated 6120/85 l4 minutes East. 117.70 feet to a point in the and recorded 7/22/85 in Deed Book J-31, Page center line of Intersection of L.R. 21051 and L.R. 567 granted and conveyed unto Paula H. Stahl. 21001, the PLACE OF BEGINNING. TO BE SOLD as the property of Paula H. Stahl HAVING thereon erected a dwelling known as on Judgment No. 2002 438 Civil. 2101 Lambs Gap Road, Enola, Pennsylvania PARCEL NO.: 10- 13-0991 -0 10. 17025. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, 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: JULY 26, AUGUST 2, 9, 2002 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. REAL ESTATE SALE NO. 70 Writ No. 2002-438 Civil Bankone, National Association Trustee VS. Paula H. Stahl Atty.: Leon P. Haller ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumber- land, and Commonwealth of Penn- sylvania., more particularly described as follows: BEGINNING at a point in the cen- ter line of intersection of Legislative Route No. 21001 (Wertzville Road) and Legislative Route No. 21051 (Lambs Gap Road); thence along the center line of L.R. 21001 South 85 degrees 30 minutes West, 214.94 feet to a point on line of lands now or late of Mary and Elizabeth Bretz; thence along lands of same North 10 degrees 30 minutes 18 seconds R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 LOIS E. SNYDE Pdc flnty Co od Ex L%rch 5, 2005 West, 469.26 feet to a point in the right-of-way of L.R. 21051; thence through the right-of-way of L.R. 21051 North 73 degrees 33 min- utes 14 seconds East, 20.59 feet to a point; the center line of L.R. 21051; thence along the center line of L.R. 21051 South 27 degrees 21 minutes East 43.70 feet to a point; thence along same South 35 de- grees 16 minutes East, 360 feet to a point; thence along same South 26 degrees 14 minutes East. 117- .70 feet to a point in the center line of Intersection of L.R. 21051 and L.R 21001, the PLACE OF BEGIN- NING. HAVING THEREON ERECTED A DWELLING KNOWN AS 2101 LAMBS GAP ROAD, ENOLA, PENN- SYLVANIA 17025. BEING THE SAME PREMISES WHICH Gary L. Stahl and Paula H. Stahl by deed dated 6/20/85 and recorded 7/22/85 in Deed Book J-31. Page 567 granted and con- veyed unto Paula H. Stahl. To be sold as the Property of Paula H. Stahl on Judgment No. 2002 438 Civil. PARCEL: #10-13-0991-010.