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HomeMy WebLinkAbout12-0249Nedric L. Nissly, Esquire PA Attorney I.D. No. 44233 Clayton W. Davidson, Esquire PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA INTEGRITY BANK, V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants ?r f3AP't% t Q ?C) : CASE NO. 2012-249 CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above matter. I currently reside at 121 W. Winding Hill Road, Mechanicsburg, PA 17055 and request notices be sent to that address. Nancie i01Iart bl `Z\ CV'aV A I ?'V' A)I r, Dated: January 24, 2012 Nedric L. Nissly, Esquire PA Attorney I.D. No. 44233 Clayton W. Davidson, Esquire PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Fax: (717) 260-1731 Phone: (717) 232-8000 Zt42 F[B -I FM 2'- 04 CUMP?N? L? A4?11?A T? Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants CASE NO. 2012-249 CIVIL ACTION - LAW : MORTGAGE FORECLOSURE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above matter. I currently reside at 121 W. Winding Hill Road, Mechanicsburg, PA 17055 and request notices be sent to me at P.O. Box 390, Mechanicsburg, PA 17055. Dated: January 24, 2012 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2012-249 4. . RICHARD P. HART, JR., and f-- NANCIE J. HART, CIVIL ACTION - LAWT =? m Defendants MORTGAGE FORECLOSURE D PRAECIPE C:) TO THE PROTHONOTARY: - i Please enter judgment in the above-captioned proceeding in favor of Plaintiff, Integrity Bank, and against Defendants, Richard P. Hart, Jr., and Nancie J. Hart, in the amount of $55,991.75 as of January 10, 2012, along with interest accruing after January 10, 2012 at the per diem rate of $6.88, costs and additional reasonable attorneys' fees as allowed by law for costs of collection until the Indebtedness is paid in full. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service thereof, and after 10-day Notice(s) of intention to file this Praecipe was or were sent. Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that notice of intent to take a default judgment was forwarded to Richard P. Hart, Jr., and Nancie J. Hart by United States Mail, first class, postage prepaid, on February 14, 2012. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A Copy of the notice and Postal Form 3817 are attached hereto and marked Exhibit "A." McNees Wallace & Nurick LLC Date: March 5, 2012 By: Nedric L. Nissly, Esquire PA Attorney I.D. No. 44233 Clayton W. Davidson, Esquire PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank ANV1? '? (Qsd ? J a lowp 24-.2-7 9- 01 n I x ,1. CO h. I o,.l INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. HART, JR., and NANCIE J. HART, Defendants : CASE NO. 2012-249 : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 DATE OF NOTICE: February 14, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER., GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By: Nedric L. issly, re PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. HART, JR., and NANCIE J. HART, Defendants : CASE NO. 2012-249 CIVIL ACTION - LAW : MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 DATE OF NOTICE: February 14, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By: Nedric L. Nissly, Esquire PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank i i UNITEDSTATES ? Certificate Of PnCTAI CFVV!!'F_ Maitir?n This Certificate of Mailing provides evidence that mail has been presented to This form may be used for domestic and international mail. Fron McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 P fet,mailing. $Q? f? FF ' 2012 t • `v - To: / 1 /A` VI (I T I-k V T 12-1 VV . WI V1c O VIA HI I? 12 It a, ? M-cckam-cs g- -j JA 11ws PS Form 3817, April 2007 PSN 7530-02-000-9065 o yt N ? ? c r? O ? m S UNITED ",, aff ??? Certificate Of OSTAL ,4 Mailing This Cert?cate of Mailing provides evidence that mail has been This Presented to USPS®for mailing. '- From: McNees Wallace & Nurick LLC 100 Pine Street-; ,; '.+ P.O. Box 1166 Harr b P c is urg, A 17108-1166 To: t T {C?1GtNI LS r h I .? I?GSS' Cl, ? :? z m ? V'1 m z PS Form 3817, April 2007 PSN 7530-02-000-9065 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2012-249 RICHARD P. HART, JR., and NANCIE J. HART, CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICE OF JUDGMENT TO: Richard P. Hart, Jr. Nancie J. Hart P.O. Box 390 121 W. Winding Hill Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 You are hereby notified that on March (0 , 2012, the following judgment has been entered against you in the above captioned case: Judgment in favor of Plaintiff,, Integrity Bank, and against Defendants, Richard P. Hart, Jr., and Nancie J. Hart, in the amount of in the amount of $55,991.75 as of January 10, 2012, along with interest accruing after January 10, 2012 at the per diem rate of $6.88, costs and additional reasonable attorneys' fees as allowed by law for costs of collection until the Indebtedness is paid in full. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service thereof, and after 10-day Notice(s) of intention to file this Praecipe was or were sent. Dated: March, 2012 !% ) Prothonot I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are: Richard P. Hart, Jr. Nancie J. Hart P.O. Box 390 121 W. Winding Hill Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 E A Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 Por este medio se le esta notificando que el de del 2012, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 Date: March 5, 2012 Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 McNees Wallace & Nurick LLC By: edric L. Ni squire PA Attorney I.D. No. 44233 Clayton W. Davidson, Esquire PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717) 260-1731 Phone: (717) 232-8000 Attorneys for Integrity Bank WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2012-249 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff (s) From RICHARD P. HART, JR. AND NANCIE J. HART (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $55,991.75 L.L.: $.50 Interest ACCURING AFTER JANUARY 10, 2012 AT THE PER DIEM RATE OF $6.88 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $151.25 Other Costs: Plaintiff Paid: Date: MARCH 30, 2012 David D. B 11, Prothonota (Sea,l) B Deputy REQUESTING PARTY: Name: NEDRIC L. NISSLY, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET P.O. BOX 1166 HARRISBURG, PA 17108-1166 Attorney for: PLAINTIFF Telephone: 717-232-8000 Supreme Court ID No. 44233 J ?11CP 0TA1, A?? ? I ' ? ? INTEGRITY BAN1 L AR 30 P1 £tRLAND COU'NT', =E 4NSY1Nr NIA, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2012-249 RICHARD P. HART, JR., and NANCIE J. HART, Defendants CIVIL ACTION - LAW MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue Writ of Execution in the above matter: Amount due as of January 10, 2012 $55,991.75* *along with interest accruing after January 10, 2012 at the per diem rate of $6.88, costs and additional reasonable attorneys' fees as allowed by law for costs of collection until the Indebtedness is paid in full. MCNEES WALLACE & NURICK LLC Date: March 29, 2012 By: Nedric L. Nissly, Esquire PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank CLOA,4-ts ag,56 Pd^a 16's. Ts I (o so M 14 0 -0 1 1 ?Td ?<1 ?a.aS-?w a s IA ff;k 6k & ?P'Smd LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania known as Lot 1 as depicted on the Final Subdivision Plan for The Village at Fair Oaks prepared by Alpha Consulting Engineering, Inc. recorded in Plan Book 93 Page 84 of the public records in Cumberland County, PA being more particularly described as follows: BEGINNING at the northeasterly corner of Lot 1 of the aforesaid Final Subdivision Plan for The Village at Fair Oaks, said point also being the common point between Lot 1 and Lot 2 South thirty five (35) degrees thirty (30) minutes fifteen (15) seconds East a distance of one hundred twenty three and one tenth feet (123.10) to a point on the northern right-of-way line of Ravenwood Road; thence along same by a curve to the right having a radius of one hundred twenty-five (125) feet, an arc length of seventy-six and two tenths (76.20) feet and a chord bearing of South sixty-eight (68) degrees forty-five (45) minutes thirty-eight (38) seconds West a chord distance of seventy five and three hundredths (75.03) feet to a point; thence along said right-of-way South eighty-six (86) degrees thirteen (13) minutes twenty- eight (28) seconds West a distance of eighty-one and sixty-eight one hundredths (81.68) feet to a point; thence by a curve to the right have a radius of thirteen (13) feet, an arc length of twenty-three and fifteen hundredths (23.15) feet and a chord bearing of North forty-two (42) degrees forty-five (45) minutes fifty (50) seconds West a chord distance of twenty and twenty-one hundredths (20.21) feet to a point on the southern right-of-way of Whitlock Lane; thence along same by a curve to the right having a radius of one hundred thirty-five (135) feet, an arc length of one hundred eight and ninety-six hundredths (108.96) feet and a chord bearing of North thirty-one (31) degrees twenty-two (22) minutes ten (10) seconds East a chord distance of one hundred six and three hundredths (106.03) feet to a point; thence along said right-of-way North fifty-four (54) degrees twenty-nine (29) minutes forty-five (45) seconds East a distance of forty-seven and seventy-nine hundredths (47.79) feet to the point and place of BEGINNING. Known as 4915 Whitlock Lane Parcel No.: 13-26-0247-001 BEING PART OF THE SAME PREMISES which Rossmoyne Residential Associates, by Deed dated June 29, 2006 and recorded June 30, 2006, in the Office of the Recorder of Deed of Cumberland County, Pennsylvania, in Record Book 275, Page 2072, granted and conveyed unto Richard P. Hart, Jr. and Nancie J. Hart, husband and wife. INTEGRITY BANK, `PHE COURT OF COMMON PLEAS Plaintiff l9x Al 30 ? I 1 :CBERLAND COUNTY, PENNSYLVANIA V. CUMBERLAND C: UkWE NO. 2012-249 PENNSYLVANIA RICHARD P. HART, JR., and NANCIE J. HART, CIVIL ACTION - LAW Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in the Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot 1 on Whitlock Lane in the Village of Fair Oaks; Parcel No. 13-26-0247-001. Name and address of owners: Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 2 3. Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 Name and address of defendant in the judgment herein: Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: McNamara Concrete Inc. 25 Wagner Drive Carlisle, PA 17013 Peifer Construction Inc. 1365 S. Eisenhower Blvd Harrisburg, PA 17111 4. 5 6 7 McCorkel Construction Services Inc. 1405 Zimmerman Road Carlisle, PA 17015 R.F Fager Co. 2058 State Road Camp Hill, PA 17011 Collins Financial Services, Inc. 2101 West Ben White Blvd Austin, TX 78704 Doug Plunk 743 S Broad Street ELA Group Inc. Lititz, PA 17543 Metro Bank 3801 Paxton Street Harrisburg, PA 17111 Monarch Products Company, Inc. 385 Sipe Road York Haven, PA 17370 Bouch Construction Attn: James Bouch 450 Pine Hill Road Hummelstown, PA 17036 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Lezzer Holdings Inc. PO Box 217 Curwensville, PA 16833 Name and address of every other person who has any record lien on the property: None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 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: Cumberland County Office of Cumberland County Tax Claim Bureau Domestic Relations 1 Courthouse Square 13 North Hanover Street Old Courthouse Carlisle, PA 17013-3014 Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNEES WALLACE & NURICK LLC Date: March 29, 2012 By: t?? edric L. Nissly, Esquire PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1731 nnissly@mwn.com Attorneys for Integrity Bunk r iC 7 0?Shj0 THE COURT OF COMMON PLEAS INTEGRITY BANK, Plaintiff z p q 0 p 1: ?YMBERLAND COUNTY, PENNSYLVANIA V. CU M OERLANC CO U NCrNSE NO. 2012-249 'E NSYL VANIA RICHARD P. HART, JR., and NANCIE J. HART, CIVIL ACTION - LAW Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 McNamara Concrete Inc. 25 Wagner Drive Carlisle, PA 17013 R.F Fager Co. 2058 State Road Camp Hill, PA 17011 Metro Bank 3801 Paxton Street Harrisburg, PA 17111 Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 McCorkel Construction Services Inc. 1405 Zimmerman Road Carlisle, PA 17015 Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 John S. Kundrat, Esquire 107 Boas Street Harrisburg, PA 17102 Mette, Evans and Woodside Attn: Timothy Hoy, Esquire 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 Dauphin County Tax Claim Bureau Dauphin County Office of Domestic Relations Dauphin County Administration Human Services Building Building 25 South Front Street, 8th floor 2 South Second Street Harrisburg, PA 17101 Harrisburg, PA 17101 Lezzer Holdings Inc. PO Box 217 Curwensville, PA 16833 Peifer Construction Inc. 1365 S. Eisenhower Blvd Harrisburg, PA 17111 Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 David C. Miller, Jr., Esquire Law Offices of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 Collins Financial Services, Inc 2101 West Ben White Blvd Austin, TX 78704 Monarch Products Company, Inc 385 Sipe Road York Haven, PA 17370 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Doug Plunk 743 S Broad Street ELA Group Inc. Lititz, PA 17543 TAKE NOTICE: Frederic I Weinberg, Esquire Gordon & Weinberg, PC 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Richard S. Laskey Acting Township Manager 100 Gettysburg Pike Mechanicsburg, PA 17055 Bouch Construction Attn: James Bouch 450 Pine Hill Road Hummelstown, PA 17036 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 5, 2012 TIME: 10:00AM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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: All that certain piece or parcel of land situate in located in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot 1 on Whitlock Lane in the Village of Fair Oaks; Parcel No. 13-26-0247-001. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Richard P. Hart, Jr. and Nancie J. Hart, Case No. 2012-249 in the amount of $55,991.75, plus interest at a rate of $6.88 per diem from and following January 10, 2012, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNERS OR REPUTED OWNERS of this property is: Richard P. Hart, Jr. and Nancie J. Hart. 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 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. 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 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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 proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served 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. 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 to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: March 29, 2012 By: edric L. Nissly, Esquire PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1731 nnissly@mwn.com Attorneys for Integrity Bank INTEGRI'T'Y BANK, Plaintiff V. RICHARD P. HART, JR., and NANCIE J'. HART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN-SYLVANIA CASE NO. 2012-249 3 CIVIL ACTION - LAW MORTGAGE FORECLOSURE 77 -" AFFIDAVIT PURSUANT TO PA.R.C.P. No. 3129.2(c)(2) Nedric L. Nissly, of McNees Wallace & Nurick LLC, Attorneys at Law, being duly sworn according to law, hereby swears and affirms under penalty of perjury that he served the within Notice of Sheriff s'' Sale of Real Estate attached hereto as Exhibit A upon the entities listed below in the manner so indicated: By ordinary mail on the parties listed below on May 22, 2012, as evidenced by U.S. Postal Service Forms 3817 Certificates of Mailing, which are attached hereto as Exhibit B. Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 Integrity Bank 3345 Market Street Camp Hill, PA 17011 McCorkel Construction Services Inc. Clifton R. Guise, Esquire 1405 Zimmerman Road Gates, Halburner, Hatch & Guise, P.C. Carlisle, PA 17015 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 McNamara Concrete Inc. 25 !Wagner Drive Carlisle, PA 17013 R.F Fager Co. 2058 State Road Cainp Hill, PA 17011 Metro Bank 3801 Paxton Street Harrisburg, PA 17111 Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 John S. Kundrat, Esquire 107 Boas Street Harrisburg, PA 17102 Mette, Evans and Woodside Attn: Timothy Hoy, Esquire 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 Cumberland County Tax Claim Bureau Cumberland County Office of Domestic Relations 1 Courthouse Square 13 North Hanover Street Old Courthouse Carlisle, PA 17013-3014 Carlisle, PA 17013 Lezzer Holdings Inc. PO Box 217 Curwensville, PA 16833 Peifer Construction Inc. 1365 S. Eisenhower Blvd Harrisburg, PA 17111 Collins Financial Services, Inc. 2101 West Ben White Blvd Austin, TX 78704 Monarch Products Company, Inc 385 Sipe Road York Haven, PA 17370 Upper Allen Township Attn: Richard S. Laskey 100 Gettysburg Pike Mechanicsburg, PA 17055 Doug Plunk 743 S Broad Street ELA Group Inc. Lititz, PA 17543 Snyder's Paint Store 332 S 100' Street Lemoyne, PA 17043 Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 David C. Miller, Jr., Esquire Law Offices of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 Frederic I Weinberg, Esquire Gordon & Weinberg, PC 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Bouch Construction Attn: James Bouch 450 Pine Hill Road Hummelstown, PA 17036 Robert A. Quigley, Esquire Quigley Law Office, P.C. 1553 Bridge Street New Cumberland, PA 17070 Robinson's Excavating & Mulch LLC Anne Gingrich Cornick, Esquire Jil Strang PO Box 4152 102'1 Peter's Mountain Road Harrisburg, PA 17111 Dauphin, PA 17018 PA Department of Revenue Bureau of Compliance Lien Section PO Box 280948 Harrisburg, PA 17128-0948 Hassan and Laura Yohe Ada 2414 Massachusetts Avenue Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC Date: May 24, 2012 By: NRric . Niss , squire PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: (717)-260-1678 Phone: (717)-232-8000 nnissly@mwn.com Attorneys for Integrity Bank ??? INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2012-249 RICHARDIP. HART, JR., and NANCIE J HART, CIVIL ACTION - LAW Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 5, 2012 TIME: 10:OOAM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 buildin s and any other major improvements erected on the land. (SEE DES RIPTION ATTACHED) THE LOCATION of your property to be sold is: All that certain piece or parcel of land situate in located i Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot 1 on Whitlock Lane in the Village of Fair Oaks; Parcel No. 13-26-0247-001. TIX1V JUDGMENT under or pursuant to which your property is being sold is docketed in the within Co onwealth and County to: Integrity Bank v. Richard P. Hart, Jr. and Nancie J. Hart, Case No. 2012-2 9 in the amount of $55,991.75, plus interest at a rate of $6.88 per diem from and following January 10,'2012, through the date of payment, including on and after the date of entry of judgment on this Complalint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNERS OR REPUTED OWNERS of this property is: Richard P. Hart, Jr. and Nancie J. Hart. 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 b the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will i)e 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 tb 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. IT A BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAI You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YO SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPH THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LE AL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the 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 a petition with the same Court if you are aware of a legal defect in the obligation of the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within Couty to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE )FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served 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. 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 to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: May 1 8, 2012 By:_ ? Ne . Ni s y, sgii3'e PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1731 nnissly@mwn.com Attorneys for Integrity Bank LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania known as Lot 1 as depicted on the Final Subdivision Plan for The Village at air Oaks prepared by Alpha Consulting Engineering, Inc. recorded in Plan Book 93 Page 4 of the public records in Cumberland County, PA being more particularly described as follows: BEGINNI G at the northeasterly corner of Lot 1 of the aforesaid Final Subdivision Plan for The Village at Fair Oaks, said point also being the common point between Lot 1 and Lot 2 South thirty five (35) degrees thirty (30) minutes fifteen (15) seconds East a distance of one hundred twenty three and one tenth feet (123.10) to a point on the northern right-of-way line of Raven ood Road; thence along same by a curve to the right having a radius of one hundred enty-five (125) feet, an arc length of seventy-six and two tenths (76.20) feet and a chord b wring of South sixty-eight (68) degrees forty-five (45) minutes thirty-eight (38) seconds bst a chord distance of seventy five and three hundredths (75.03) feet to a point; thence al ng said right-of-way South eighty-six (86) degrees thirteen (13) minutes twenty- eight (28) seconds West a distance of eighty-one and sixty-eight one hundredths (81.68) feet to a point; thence by a curve to the right have a radius of thirteen (13) feet, an arc length of twenty-three and fifteen hundredths (23.15) feet and a chord bearing of North forty-two (2) degrees forty-five (45) minutes fifty (50) seconds West a chord distance of twenty and twenty-one hundredths (20.21) feet to a point on the southern right-of-way of Whitlock Lane; thence along same by a curve to the right having a radius of one hundred thirty-five 135) feet, an arc length of one hundred eight and ninety-six hundredths (108.96) feet and a chord bearing of North thirty-one (31) degrees twenty-two (22) minutes ten (10) seconds asst a chord distance of one hundred six and three hundredths (106.03) feet to a point; thence along said right-of-way North fifty-four (54) degrees twenty-nine (29) minutes forty-five (45) seconds East a distance of forty-seven and seventy-nine hundredths (47.79) feet to the point and place of BEGINNING. Known as 1,4915 Whitlock Lane Parcel Noa: 13-26-0247-001 BEING PART OF THE SAME PREMISES which Rossmoyne Residential Associates, by Deed dat June 29, 2006 and recorded June 30, 2006, in the Office of the Recorder of Deed of Cumberland County, Pennsylvania, in Record Book 275, Page 2072, granted and conveyed into Richard P. Hart, Jr. and Nancie J. Hart, husband and wife. ?? m O w ao N 0 0 (n Z -4 w 0 C) N O O O 8 °' T -1 ' o .y ? ? 3 Sn _-0 8) 0 N W CD Z Cr ?XCDco (D -1Cnjw gr0 0) N -'mV1? DrncD 0 3:0 (D p. CZ M O z m H m. 00 r C ;? n C m r C) $ 0 tD m30 zl0z ZZ AVW 19660£L000 0W400 $1 zo LOLLL d1Z ?ji S3MOS A3N1b«39diS0d -S-n a ?? ? as IM 03 O O ' IS ?.?-0 CD Ss p S. 0 ?le kc3 xC? .ern ( 9-3 0) (D 0.0 -yi A- n o, 3 mm z 90 c j 1. 3F n m r? n ? 0 V H y 0 C C w m -o ?'t1 Z l OZ ZZ AVW 19669E L 000 $ "l Zo 0WWO l WLL d1Z AwwM? ' S3M08 A3N1id <<3E)VL- )d -s-n UNITEDSTATES Certificate Of POSTAL SERVICE. 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This fc From McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisbura. PA 17108-1166 "UNITEDSTATES Certificate Of POSTAL SFRVIC& Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing -- ----`-- __„ This for, From: McNees Wallace & Nurick LLC - 100 Pine Street - P.O. Box 1166 - - Harrisburg, PA 17108-1166 UNITEDSTATES Certificate Of POSTAL SERVKEs Mailing This Cerdkate of Mailing provid evidence that mail has been presented to USPS® for mailing. - ? men This McNees Wallace & Nurick LLC ' 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 O O N C O O ^y W ? j VJ CO > CD I D O ?' V ?o l 1 M N Z 0 o M N O fA .ti .. O O N pONU Isk Cpn t,u:2 -j o ? D 3 d'? m a0 O 0v N •1 tD 11 m N ?c m O O N ^ C ON?? Cn o Wes, of E? m D O V O I 4 1 N ? g o ? N O y PS Form 3817, April 2007 PSN 7530-02-000-9065 PS Form 3817, April 2007 PSN 7530-02-000-9065 PS Form 3817, April 2007 PSN 7530-02-000-9065 3 UNITEDSTATES 'I Certificate 01 N - o 3 ? 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SERVICE, ''?° Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may t- -ad for Mmastir and international mail. From: McNees Wallace & Nurick LL ?r - - ?L 100 Pine Street - P.O. Box 1166 L - Harrisburg, PA 1 71 08-1 1 66 s, To: , W Sl me ?1000 Yovk H'wy 1 . PA h3?o /l v n PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES Certificate Of JaPOSTALSERM& Mailing Thus Certificate of Ma r provides evidence that mail has been presented to USPS® for mailing. This forth may be used for domestic and inMmatimai mail From: McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 R - Harrisburg, PA 17108-1166 .?? _ ?? 9? To: 1 1 1 A 6. 1_ cZi I ss 3 Px,,`Af e -S rP-e- + New Cu w? loer Icti??l , ?i4 h t:1 o PS Form 3817, April 2007 PSN 7530-02-000-9065 D i1, O O N C O N ? ? ? 0 W?? V) m 3 ? V O I A N m N 1 O o 0 N O m rn 0o j? C ONE (n O ? ? I ? m ? v <O z N N ?, < N ? 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Wes, ? m 3?l I V < O I to O / N V¦O y PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES .?o'?CA Certificate C i1al)OSTALSERVICEs Mailin This Certificate of ?Aaifirg provides evidence that mail has been presented to USPS® for mailinc This for, -1 w ?•^ I r^' n?..w,.ri . and imwmational mail. McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 .? - Harrisburg, PA 17108-1166 To: -)i Naay A COMA\)Cf V1 14 Ph Sec+laK P-'0X 28A +6 b41,Y PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES a^7` Certificate Of RPOSTAL SERVICE, Mailing This Certificate of MaBirg provides. evidence that mail has been presented to USPS® for mailing. - ._?__ ......... .....n This F- McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ?`?' y To: s. o tit Ycl 4twLAXIC 160 Cr{+{mt 6v+rr, rYi-#*rLrAiw-r'JC L vrr.?, PA 1-7at? PS Form 3817, April 2007 PSN 7530-02-000-9065 O N C m v D O z N N 'w?'w O N v0 O O N ^ C C) 0 Wes; N O m 3 ? v < O ?a I M N N j O N O UNITEDSTATES *o? Certificate Of POSTAL SERVIC - Mailing This certtr- of Maihrg, provides evidence that mail has been This form Tee M „?,f &ir dnmesfic and intamafional mail. Presented to USPS®for mailing. From McNees Wallace & Nurick LLC 100 Pine Street - • - P.O. Box 1166 - - Harrisburg, PA 17108-1166 - aN? - _ w?- 0) 8 0 To: ? ? r, c0 o0 D Y C ;n 1 1 C 2 ? e l tV a N -, M Z rV N ?? 0 PS Form 3817, April 2007 PSN 7530-02-000-9065 N ?' SHERIFF'S OFFICE OF CUMBERLAND COUNTY ..? Ronny Anderson Sheriff C*F Vii` - f - y VIV Jody S Smith Chief Deputy 2 QCT 22 PM 12; 38 Richard W Stewart TY Solicitor "ally Integrity Bank vs. Richard P. Hart, Jr. (et al.) Case Number 2012-249 SHERIFF'S RETURN OF SERVICE 05/24/2012 02:25 PM - Deputy Elizabeth Muller, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Mark Duffie - Attorney, who accepted as "Adult Person in Charge" for Richard P. Hart, Jr. at 5154 Kylock Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 05/24/2012 02:25 PM - Deputy Elizabeth Muller, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Mark Duffie - Attorney, who accepted as "Adult Person in Charge" for Nancy J Hart at 5154 Kylock Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/18/2012 03:42 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 4915 Whitlock Lane a/k/a Lot 1 Whitlock Lane Village of Fair Oaks, Mechanicsburg, PA 17055, Cumberland County. 09/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Nedric Nissly, on behalf of Integrity Bank, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,139.63 October 22, 2012 SO ANSWERS, RON R ANDERSON. SHERIFF a-5- de, pd- A if 4R ??? ?? INTEGRITY BANK, Plaintiff V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2012-249 CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Integrity Bank, Plaintiff in the above action, sets forth as of the date of the Praecipe for Writ of Execution was filed, the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in the Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot 1 on Whitlock Lane in the Village of Fair Oaks; Parcel No. 13-26-0247-001. Name and address of owners: Richard P. Hart, Jr. P.O. Box 390 Mechanicsburg, PA 17055 Nancie J. Hart 121 W. Winding Hill Road Mechanicsburg, PA 17055 Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 2. Name and address of defendant in the judgment herein: Richard P. Hart, Jr. Nancie J. Hart P.O. Box 390 121 W. Winding Hill Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: McNamara Concrete Inc. Peifer Construction Inc. 25 Wagner Drive 1365 S. Eisenhower Blvd Carlisle, PA 17013 Harrisburg, PA 17111 4. 5. 6. 7 McCorkel Construction Services Inc 1405 Zimmerman Road Carlisle, PA 17015 R.F Fager Co. 2058 State Road Camp Hill, PA 17011 Collins Financial Services, Inc 2101 West Ben White Blvd Austin, TX 78704 Doug Plunk 743 S Broad Street ELA Group Inc. Lititz, PA 17543 Metro Bank 3801 Paxton Street Harrisburg, PA 171 11 Monarch Products Company, Inc. 385 Sipe Road York Haven, PA 17370 Bouch Construction Attn: James Bouch 450 Pine Hill Road Hummelstown, PA 17036 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Lezzer Holdings Inc. PO Box 217 Curwensville, PA 16833 Name and address of every other person who has any record lien on the property: None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 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: Cumberland County Office of Cumberland County Tax. Claim Bureau Domestic Relations 1 Courthouse Square 13 North Hanover Street Old Courthouse Carlisle, PA 17013-3014 Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. McNEES WALLACE & NURICK LLC t?? -:-?7 Date: March 29, 2012 By: _ j edric L. Nissly, Esquire PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1731 nnissly@mwn.com Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2012-249 CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Richard P. Hart, Jr. Nancie J. Hart P.O. Box 390 121 W. Winding Hill Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 -v fit' cu._-' Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 McNamara Concrete Inc. 25 Wagner Drive Carlisle, PA 17013 R.F Fager Co. 2058 State Road Camp Hill, PA 17011 Metro Bank 3801 Paxton Street Harrisburg, PA 17111 McCorkel Construction Services Inc. 1405 Zimmerman Road Carlisle, PA 17015 Andrew H. Shaw, Esquire 200 S. Spring Garden Street, Suite 1 1 Carlisle, PA 17013 John S. Kundrat, Esquire 107 Boas Street Harrisburg, PA 17102 Mette, Evans and Woodside Attn: Timothy Hoy, Esquire 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 Dauphin County Tax Claim Bureau Dauphin County Office of Domestic Relations Dauphin County Administration Human Services Building Building 25 South Front Street, 8th floor 2 South Second Street Harrisburg, PA 17101 Harrisburg, PA 17101 Lezzer Holdings Inc. PO Box 217 Curwensville, PA 16833 Peifer Construction Inc. 1365 S. Eisenhower Blvd Harrisburg, PA 17111 Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 David C. Miller, Jr., Esquire Law Offices of David C. Miller, Jr. 1100 Spring Garden Drive, Suite A Middletown, PA 17057 Collins Financial Services, Inc 2101 West Ben White Blvd Austin, TX 78704 Monarch Products Company, Inc 385 Sipe Road York Haven, PA 17370 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Doug Plunk 743 S Broad Street ELA Group Inc. Lititz, PA 17543 TAKE NOTICE: Frederic I Weinberg, Esquire Gordon & Weinberg, PC 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Richard S. Laskey Acting Township Manager 100 Gettysburg Pike Mechanicsburg, PA 17055 Bouch Construction Attn: James Bouch 450 Pine Hill Road Hummelstown, PA 17036 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 5, 2012 TIME: I O:OOAM LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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: All that certain piece or parcel of land situate in located in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, known as Lot 1 on 'Whitlock Lane in the Village of Fair Oaks; Parcel No. 13-26-0247-001. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Integrity Bank v. Richard P. Hart, Jr. and Nancie J. Hart, Case No. 2012-249 in the amount of $55,991.75, plus interest at a rate of $6.88 per diem from and following January 10, 2012, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAME OF THE OWNERS OR REPUTED OWNERS of this property is: Richard P. Hart, Jr. and Nancie J. Hart. 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 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.. 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 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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 proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served 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. 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 to the Court. A copy of the Writ of Execution is available from the County Prothonotary or Sheriff. McNEES WALLACE & NURICK LLC Date: March 29, 2012 edric L. Nissly, Esquire PA Attorney I.D. No. 44233 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1731 nnissly@mwn.com Attorneys for Integrity Bank LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania known as Lot 1 as depicted on the Final Subdivision Plan for The Village at Fair Oaks prepared by Alpha Consulting Engineering, Inc. recorded in Plan Book 93 Page 84 of the public records in Cumberland County, PA being more particularly described as follows: BEGINNING at the northeasterly corner of Lot 1 of the aforesaid Final Subdivision Plan for The Village at Fair Oaks, said point also being the common point between Lot 1 and Lot 2 South thirty five (35) degrees thirty (30) minutes fifteen (15) seconds East a distance of one hundred twenty three and one tenth feet (123.10) to a point on the northern right-of-way line of Ravenwood Road; thence along same by a curve to the right having a radius of one hundred twenty-five (125) feet, an arc length of seventy-six and two tenths (76.20) feet and a chord bearing of South sixty-eight (68) degrees forty-five (45) minutes thirty-eight (38) seconds West a chord distance of seventy five and three hundredths (75.03) feet to a point; thence along said right-of-way South eighty-six (86) degrees thirteen (13) minutes twenty- eight (28) seconds West a distance of eighty-one and sixty-eight one hundredths (81.68) feet to a point; thence by a curve to the right have a radius of thirteen (13) feet, an arc length of twenty-three and fifteen hundredths (23.15) feet and a chord bearing of North forty-two (42) degrees forty-five (45) minutes fifty (50) seconds West a chord distance of twenty and twenty-one hundredths (20.21) feet to a point on the southern right-of-way of Whitlock Lane; thence along same by a curve to the right having a radius of one hundred thirty-five (135) feet, an arc length of one hundred eight and ninety-six hundredths (108.96) feet and a chord bearing of North thirty-one (31) degrees twenty-two (22) minutes ten (10) seconds East a chord distance of one hundred six and three hundredths (106.03) feet to a point; thence along said right-of-way North fifty-four (54) degrees twenty-nine (29) minutes forty-five (45) seconds East a distance of forty-seven and seventy-nine hundredths (47.79) feet to the point and place of BEGINNING. Known as 4915 Whitlock Lane Parcel No.: 13-26-0247-001 BEING PART OF THE SAME PREMISES which Rossmoyne Residential Associates, by Deed dated June 29, 2006 and recorded June 30, 2006, in the Office of the Recorder of Deed of Cumberland County, Pennsylvania, in Record Book 275, Page 2072, granted and conveyed unto Richard P. Hart, Jr. and Nancie J. Hart, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2012-249 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff (s) From RICHARD P. HART, JR. AND NANCIE J. HART (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $55,991.75 L.L.: S.50 Interest ACCURING AFTER JANUARY 10, 2012 AT THE PER DIEM RATE OF $6.88 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $151.25 Other Costs: Plaintiff Paid: Date: MARCH 30, 2012 David D. B 11, Prothono (Seal) By: Deputy REQUESTING PARTY: Name: NEDRIC L. NISSLY, ESQUIRE Address: MCNEES WALLACE & NURICK LLC 100 PINE STREET P.O. BOX 1166 TRUE CQPY FROM 175CC1RI3 HARRISBURG, PA 17108-1166 In Testimcny wr,ezeof, I here unto set tpa hand and the§Plai of said Co at Yarlis 20V_11- Attorney for: PLAINTIFF This _sZ1=day of Frotlone ary Telephone: 717-232- 8000 Supreme Court ID No. 44233 _)n May 201 } tfie Sfientt Je ied upon the defendant's interest in the real property situated it) Lower Allen Township, t_umbertand County, PA, I{nown and numbered as, 4915 Whitlock Lane, a/k/a Lot One on Whitlock Lane in. the Village of Fair Oaks, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17, 2012 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-249 Civil Term Integrity Bank vs. Richard P. Hart, Jr. Nancy J. Hart Atty.: Nedric Lee Nissly ALL THAT CERTAIN lot or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania known as Lot 1 as depicted on the Final Subdivision Plan for The Village at Fair Oaks prepared by Alpha Con- sulting Engineering, Inc. recorded in Plan Book 93 Page 84 of the public records in Cumberland County, PA being more particularly described as follows: BEGINNING at the northeasterly corner of Lot 1 of the aforesaid Final Subdivision Plan for The Village at Fair Oaks, said point also being the common point between Lot 1 and Lot 2 South thirty five (35) degrees thirty (30) minutes fifteen (15) seconds East a distance of one hundred twenty three and one tenth feet (123.10) to a point on the northern right-of-way line of Ravenwood Road; thence along same by a curve to the right having a radius of one hundred twenty-five (125) feet, an arc length of seventy- six and two tenths (76.20) feet and a chord bearing of South sixty-eight (68) degrees forty-five (45) minutes thirty-eight (38) seconds West a chord distance of seventy five and three hundredths (75.03) feet to a point; thence along said right-of-way South eighty-six (86) degrees thir- teen (13) minutes twenty-ieight (28) seconds West a distance of eighty- one and sixty-eight one hundredths (81.68) feet to a point; thence by a curve to the right have a radius of thirteen (13) feet, an arc length of twenty-three and fifteen hundredths (23.15) feet and a chord bearing of North forty-two (42) degrees forty-five (45) minutes fifty (50) seconds West a chord distance of twenty and twenty- one hundredths (20.21) feet to a point on the southern right-of-way of Whitlock Lane; thence along same by a curve to the right having a radius of one hundred thirty-five (135) feet, an arc length of one hundred eight and ninety-six hundredths (108.96) feet and a chord bearing of North thirty-one (31) degrees twenty-two (22) minutes ten (10) seconds East a chord distance of one hundred six and three hundredths (106.03) feet to a point; thence along said right- of-way North fifty-four (54) degrees twenty-nine (29) minutes forty-five (45) seconds East a distance of forty- seven and seventy-nine hundredths (47.79) feet to the point and place of BEGINNING. Known as 4915 Whitlock Lane. Parcel No.: 13-26-0247-001. BEING PART OF THE SAME PREMISES which Rossmoyne Resi- dential Associates, by Deed dated June 29, 2006 and recorded June 30, 2006, in the Office of the Recorder of Deed of Cumberland County, Penn- sylvania, in Record Book 275, Page 2072, granted and conveyed unto Richard P. Hart, Jr. and Nancie J. Hart, husband and wife. 51 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: July 27, August 3, and August 10, 2012 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. '1^ ?:? CA' Li 4a Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 10 day of August, 2012 Notary ` DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and 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 This ad ran on the date(s) shown below: 07/27/12 \.. .. . Drn to and'/srcr' b fore m thi7 day Auoust, 2012 A.D., Notary Pu COM" ' MM F OF PEMVSYLVAN hernE, !.. ?Ntarr4t a?i '- ^- YA Lower p Fr95, fV') Yary public M Y Commrs en,F au,Ain courty MEMBER, P N€ N YtVar?a p?rs No- yam, 6 2_15 45csor P,1'0 ' OP N 4pr R E 08/03/12 08/10/12 s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Integrity Bank is the grantee the same having been sold to said grantee on the 5 day of September A.D., 2012, under and by virtue of a writ Execution issued on the 30 day of March, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 249, at the suit of Integrity Bank against Richard P. Hart Jr. and Nancie J. Hart is duly recorded as Instrument Number 201232521. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Recorder of Deeds Raoorm d 0mbs1xW Cowty, Carlisle, PA my CwnlWm the ft Monday d Jm 2014 2012-20 CIVIS 1ium. li Ullk Vb p"dw 'It f iMt, Jr. t)f*W J Not IlRtys No- W L"i b* ALLnw a BAN iot or tract of land sata* in beaver Mien Township, Cumberland Coamty, PeaflvaWa known as Lot 1 as derided on the Final Subdiviai0n"a bf The Vubp at Fair Oaks propsred by Aka C ooaetlmtg Engiaee*&3ttc. rooMW in Pba Book 93 Page 84 of the pnbGc records in Cumberland County, PA ben more particulat desafmd as k4ows: BEGINNII?#:td'tMe fitly comer of Lot l of the aft eidFinal Subdivision Man for TU ViRage at Fair Oaks, said Pdo° the eiomoon point between I.ot 1 aral Lot Moth thi ll, five (35) *gteaeftly 00) minutes fifteen (15) seconds Easy s distance of one hundred twenty ad one taath feet (123.10) So apoiek omits northern, righto&vrsy l we of Ravaisax d`Road; thence along same by a curve to the right havirip ra+kws of one hundred twenty-fiw4u (125) bet, an arc length du* and two tenths (76:20) real am bearutgofSquthaaa*y (68) il? forty fin (45)msaita fhirlya* (fit seconds We" a chord disawaoarf amaw five and three hundreft(75.03) feet to a point; ab4said A&4-gray South eighly-sur (86) degroea thirteen (13) minutes twenty-gat (28) seconds West a distauea at eighty-one and Asty-cigrt one hundredths (81.68) feet to a pow; thence by a caaveto the right have a radius of thirteen (13) 100 an sec length of twenty- three and fifteen WA*o*k (23.15) feet amt a cliord hearing of Naslh fony4wo (42) degrees f" five (45) =ae" fifty (50) woonds West a chord & MW of twenty and twotyotte hun&edths (2(L21) feet to a pone on the southern *ttof-way of Whitlock Lane; thence along am by a curve to the right havinga radius of one hunched vc (135) f4.:t, an are ,. length of nee hundred aigiw aaa?*ainety- sk hundre a (10$.96) toes aud-? t$ord bearing.of North thirtyone (31 &VM twenty-two (22) minutes ten ( s East a chord distappo of are is and three bu*edb (106.03) feet to North Mty-foot (54) depoes twenty-nine (29) minutes forty-five" 45) secoVAls Fast a distance of fady4eOati and sefto-nine place of BEGINNM. Known as 4915 Whldock Lane Parod No.:13.2b0247-001 BEM PART OFTHE SAME PREMJSES whim Rosaawoyne Residential Associates, by Dead dated June 29, 2006 and recorded Am 30, 2006, in the Office of the Recorder of Deed o[ Cambcdaa d Cut",Penmylvaaia, in Record Book 275, Page 2012; Paused and conveyed unto Richard E Hart; Jr. and Nande J. Hart, husband And wife.