HomeMy WebLinkAbout04-5415Leon P. Haller, Esquire
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
717.234.4178
mtg@pkh.com
HOMEAMERICAN CREDIT, INC. DB/A UPLAND
MORTGAGE
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
STEVEN A. FINKEY AND
JOANNE K. FINKEY
ACTION OF MORTGAGE FORECLOSURE
?Y el-01
Defendants
THIS 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.
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, 0 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
HOMEAMERICAN CREDIT, INC. DB/A
UPLAND MORTGAGE,
Plaintiff
VS.
STEVEN A. FINKEY AND
JOANNE K. FINKEY,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
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
HOMEAMERICAN CREDIT, INC. D/B/A
UPLAND MORTGAGE,
Plaintiff
vs.
STEVEN A. FINKEY AND
JOANNE K. FINKEY,
Defendants
ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, HOMEAMERICAN CREDIT, INC. D/B/A UPLAND MORTGAGE, is a Corporation, with an
address of THE WANAMAKER BUILDING, 100 PENN SQUARE, EAST PHILADELPHIA,
PENNSYLVANIA 19107.
2. Defendant, STEVEN A. FINKEY, is an adult individual, whose last known address is 69 PEACHY
ANN DRIVE, NEWVILLE, PENNSYLVANIA 17241. Defendant, JOANNE K. FINKEY, is an adult
individual, whose last known address is 69 PEACHY ANN DRIVE, NEWVILLE, PENNSYLVANIA
17241.
3. On or about, November 19, 2002, the said Defendants, executed and delivered a Mortgage Note in the
sum of $58,400.00 payable to HOMEAMERICAN CREDIT INC. D/B/A UPLAND MORTGAGE,
which Note is attached hereto and marked Exhibit "A".
4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, Defendants, 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 1789, Page 1875 conveying to original Mortgagee the subject
premises. Said Mortgage is incorporated herein by reference.
5. The land subject to the Mortgage is: 36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA
17266 and is more particularly described in Exhibit "B" attached hereto.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
0 y-.5y/,5 CIVIL ACTION - LAW
6. The said Defendants are the real owners of the property.
7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on July
05, 2004 and all subsequent installments thereon, and the following amounts are due on the Mortgage:
UNPAID PRINCIPAL BALANCE $57,180.17
Interest at $18.15 per day $3,248.84
From 06/05/2004 To 11/05/2004
( based on contract rate of 11.5900%)
Accumulated Late Charges $313.20
Advances $1,314.99
Prepayment Fee (5%) $2,859.01
Attorney's Fee at 5% of Principal Balance $2,859.01
TOTAL $67,775.22
**Together with interest at the per diem rate noted above after November 05, 2004 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 Foreclose 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any
way which would bring them 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 Defendants have either failed to meet the time
limitations as set forth therein or have been determined by the 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 11.590% ($18.15 per diem), together with other charges
and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale
of the property within described.
By:
PU ELL, KRUG & HALLER
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
NOTE
Borrower(s): JOANNE K. FINKEY and STEVEN A. FINKEY
LOAN ID# 1301041550
November 19, 2002 WALNUT BOTTOM Pennsylvania
[Date] [City] [State]
36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA 17266-9701
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return fora loan that I have received, I promise to pay U.S. $ 58,400.00 (this amount is called "principal"),
plus interest, to the order of the Lender. The Lender is HomeAmerican Credit Inc DBA Upland Mtg
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly
rate of 11.590%.
The interest rate required by this Section 2 is the rate I will pay both before and after any defa At described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 5th day of each month beginning on January 05, 2003
I will make these payments every month until I have paid all of the principal and interest and any other charges described below
that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date. If, on
12/05/2022 , I still owe amounts under this Note, I will pay those amount:, in full, on that date.
I will make my monthly payments at One Presidential Boulevard, Suite 411, Bala Cynwyd, PA
19004 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ $ 626.42
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a
"prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. A prepayment of all of the
unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial
prepayment."
1301041550
PENNSYLVANIA FIXED RATE NOTE-Single Family -With Prepayment Penalty
Pagel a4
P105NPA (ooos) VMP MORTGAGE FORMS -iWO)521+r291 Innlels: ?-
1, I
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LOANID# 1301041550
The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a
partial prepayment, there will be no delays in the due dates or changes in the amount of my monthly payments unless the Note
Holder agrees in writing to those delays or changes. I may make a full prepayment at any time. If I choose to make a partial
prepayment, the Note Holder may require me to make the prepayment on the same day that one o - my monthly payments is due.
The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have
been part of my next one or more monthly payments.
If I make a full prepayment or a partial prepayment during the first 36 months o- the term of the Note, I agree
to pay a prepayment charge as follows: in the 1 month through the 36 month of the term of the
Note, the prepayment charge will be 5.000.%of the amount prepaid ; in the N/A
month through the N/A month of the term of the Note, the prepayment charge will t e N/A of the
N/A ; in the N/A month through the N/A month of the term
of the Note, the prepayment charge will be N/A of the N/A ; in the
N/A month through the N/A month of the term of the Note. the prepayment charge will be
N/A of the N/A ; in the N/A month through the N/A
month of the term of the Note, the prepayment charge will be N/A of the N/A
At any time after the 36th month of the term of the Note, I may make a full prepayment or a partial prepayment
without charge.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any miss already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as
a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 10.000 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do nol pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
1301041550
P105NPA (ooo5)
Page 2 of 4
54T
IniliNS: _}Y-y._
LOAN ID# 1301041550
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paic.
10. APPLICABLE LAW
This Note shall be governed by the laws of the State of Pennsylvania. If a law, which applies to this loan and sets maximum
loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan
exceed the permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the
interest or other charge to the permitted limit; and (B) any sums already collected from me which exceed permitted limits will be
refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a
direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment, but in no event will a
prepayment charge be assessed if the Note Holder chooses to reduce my principal balance by applying such excess amounts.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without --ender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay .hese sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
12. OTHER CHARGES
A. NSF Charge
If I make a payment under this Note by check, negotiable instrument or other means and the payment is returned to the Note
Holder unpaid, I agree to pay the Note Holder a charge for not sufficient funds (NSF charge) in the maximum amount permitted
by applicable law.
B. Administrative Charges
Except as limited by applicable law, I agree to pay the Note Holder any administrative charge that the Note Holder may
impose in connection with (1) my failure to comply with the terms and conditions of this Note and (2) the release or satisfaction
of any mortgage, financing statement or other security instrument appearing on the public record which relates to my obligations
under this Note.
1301041550
C, C
P105NPA raoost Pape 3 of 4 11W..
LOANID# 1301041550
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
4
A CqA?
STE N A. FINKEY
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
JO K. FINKEY
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
[Sign Original Only]
1301041550
P105NPA (ooo5) Page 4 of 4
J29pm From-PREMIER ABSTRACT +243 3390 T-916 P031/035 F-004
? .. ., ... ....,... .,....:. c.,-??.FASUrrrcIY`US9s Ma f4NWP.fi? Its; l.NIL'MV.?!(?''.'.wY, ..?'. ',""°Y•.'{S' ."s?F.?F+Po{kJ 71?f_J'?JJ
. ALL ?HOSE CERTAIN lots of ground with the improvements i
• -. thereon erected, situate in South Newton Township, Cumberland
q County, Pea:sylvania, bounded and described as follows:
Tract eln+._l
BEGINNINC at an iron pin in the center of the public road
leading fron, Jacksonville to Stoughstown at line of lands now or
- formerly of Barry Beidel; thence by the center of said road South
36 degrees last BO feet to a point at line of lends now or
formerly of Raymond S. and Dorothy s. Black; thence by said lands
south 65 degrees SO minutes west 100 feet to a point; thence by
Same North 36 degrees West 80 foot to a point on line of lands
now or formerly of Barry Beidel: thence by said lands now or
formerly of Beidel North 6S degrees 50 minutes list 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract N .
s
--
• BEGINNINg at a point at the southeast corner of Tract No, 1 k
??'? =?f9.?..
`'
, in the center of Legislative Route 21003; thence by the center of
r
.
'0:•i " Legislative Route 21089 South 90 degrees 9 minutes 20 seconds
East 22 feet to a Point at lands now Or formerly of Lewis A. ..
Goodhart, at ux; thence by the lands now or formerly of Lewis A. j
Gocdhert, at ux, South 63 degrees 34 minutes 20 seconds West 100
-- - - East to a point at lands new or formerly of Edward L. Glass, at
ux: taeace by the lands now or formerly of Edward L. Glass, et
ux, North 3n degrees 9 minutes 20 seconds West 36 foot to a point
'
'E
"?:' at lald9 Of Tract No. 1; thanes by the lands of Tract No. 1 in a
3+•
•
?
h
?' Northijast direction loo twat, more or less, to a point in the tm+•' a
• cents: of Legislative Route 21089, the
point and place of
:.
BEGINNING.
. "EEBE meaauramente are in accordance with a survey made by
'r
.._.? Thomau A, Neff, a registered surveyor, on April 27, 1970. s
a
I Certify this to be recorded
_ In Cumberland County PA
Recorder of Deeds
r
IK 1'7 8.9 FIG 18 91
?xhL?; ff
VERIFICATION
Carolee Berasi hereby states that she is Assistant Vice President of
HomeAmerican Credit, Inc. d/b/a Upland Mortgage the plaintiff in this matter, that she is
authorized to take this Verification, and that the statements made in the foregoing
Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge,
information and belief. The undersigned understands that the statements made therein
are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification
to authorities.
?l
esident
DATE: 10) ZZ)oq
Q
w
HOMEAMERICAN CREDIT, INC. D/B/A UPLAND
MORTGAGE,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s)
STEVEN A. FINKEY AND JOANNE K. FINKEY for failure to plead to the above action within
twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows:
Unpaid Principal Balance $57,180.17
interest $3,248.84
Per diem of $18.15
From 06/05/2004
To 11 /05/2004
Accumulated Late Charges $313.20
Advances $1,314.99
Prepayment Fee @ 5% $2,859.01
5% Attorney's Commission $2,859.01
TOTAL $67,775.22
**Together with additional interest at the per diem 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 & H R
By`
Le . Haller PA I.D. # 15700
1 9 North Front Street
Harrisburg, PA 17102
(717) 234-4178
HOMEAMERICAN CREDIT, INC. D/B/A UPLAND
MORTGAGE,
PLAINTIFF
VS.
STEVEN A. FINKEY
.JOANNE K. FINKEY.
I )EFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
Personally appeared before me, a Notary Public in and for said Commonwealth and County,
LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the
Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way
which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended.
Sworn to and subscribed
before nee this Y_ day
of Off/ 20 D
)01 Public
I
MARYL;, `:^-f.' ;'•hr,1, otar, Puk it
,gip auphin County
M?':y t on:,rn_oion Exoires Aug. 8 200f?
ON P. HALLER, ESQUIRE
HOMEAMERICAN CREDIT, INC. DIBIA UPLAND
MORTGAGE,
PLAINTIFF
Vs.
STEVEN A. FINKEY
JOANNE K. FINKEY.
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certi Cy that on November 29, 2004 I served the Ten Day Notice required by Pa. R.C.P.
on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the
attached Notice,
li
By
Leon P. ler PA I.D. # 15700
Atto ey for Plaintiff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
HOMEAMERICAN CREDIT, INC. D/B/A
UPLAND MORTGAGE,
Plaintiff
VS.
STEVEN A. FINKEY AND
JOANNE K. FINKEY
Defendants
DATE OF THIS NOTICE: NOVEMBER 29, 2004
TO:
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-05415
CIVIL ACTION LAW
IN MORTGAGE FORECLOSURE
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 WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE 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
PURCELL, KRUG & H
By
LEON P LER, Attorney for Plaintiff
I.D. # 1 700
1719 N. Front St., Harrisburg, PA 17102
(717) 234-4178
Lq
RI ,,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 2004-05415
HOMEAMERICAN CREDIT, INC. D/B/A UPLAND Total Judgment Amount $67,775.22
MORTGAGE, Interest $3,811.50
PLAINTIFF Per diem of $18.15 to sale
date 6/8/2005
VS.
Escrow Deficit $2,000.00
STEVEN A. FINKED`
JOANNE K. FINKEY_ TOTAL WRIT $73,586.72
DEFENDANT(S) *Plus additional interest, late charges and other costs
to date of sheriff's sale.
SALE DATE: Wednesday, June 08, 2005
(PROTHONOTARY'S USE)
Pltf. Paid
Deft. Paid
Due Proth/Clerk
Other Costs
PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Execution in the above captioned case.
Date: December 9. 2004
Attorney for Plaintiff
1719 North Front Street eon P. Haller
Harrisburg, PA 17102 PA I.D. #15700
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the j udgment. 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 36 MAPLE AVENUE, WALNUT BOTTOM,
PENNSYLVANIA 17266-9701
Date:
PROTHONOTARY/CLERK CIVIL DIVISION
BY
DEPUTY
ALL T8 . CERTAIN lots of ground with the improvements
thereon erected, situate in South Newton Township, Cumberland
County, Fennsylvaaia, bounded and described as follows:
Tract No. x
BEGINNING at an iron pin in the center of the public goad
leading from Jacksonville to Stoughstown at line of lands now or
formerly of Harry Seidel; thence by the center of said road South
35 degrees East 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy S. Black; thence by said lands
South 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees West 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Seidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract. No. 2
BEGINNING at a point at the southeast corner of Tract No. 1
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodhart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at Iifids now or formerly of Edward L. Class, et
ux; thence by the lands now or formerly of Edward L. Glass, et
ux, North 30 degrees 9 minutes 20 seconds West 36 feet to a pout
at lands'of Tract No. 1; thence by the lands of Tract No. 1 in a
northeast direction 100 feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
THESE measurements are in accordance with a survey made by
Thomas A. Neff, a registered surveyor, on April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed Book
I40, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
cq
'`y. w
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5415 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HOMEAMERICAN CREDIT, INC. D/B/A UPLAND
MORTGAGE, Plaintiff (s)
From STEVEN A. FINKEY AND JOANNE K. FINKEY
(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 $67,775.22 L.L. $.50
Interest PER DIEM OF $18.15 TO SALE DATE 6/8/05
Atty's Comm % Due Prothy $1.00
Atty Paid $152.36 Other Costs ESCROW DEFICIT - $2,000.00
Plaintiff Paid
Date: DECEMBER 22, 2004
CURTIS R. LONG
Prothono/
(Seal)
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
HOMEAMERICAN CREDIT, INC, D/BlA UPLAND
MORTGAGE.
PLAINTIFF
VS.
STEVEN A. FINKEl'
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 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 36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA 17266-9701:
Name and address of the Owner(s) or Reputed Owner(s):
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
1 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 is a record lien on the
real property to be sold:
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
Boscov's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
Boscov's Department Store Inc. c/o
Arthur- M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 11 16
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
UNKNOWN
Name and address of every other person who has any record lien on the property:
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:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
(In the prcce(ing 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 relating to unsworn falsification to authori
Leon aller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: December 9, 2004
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HOMEAMERICAN CREDIT, INC. D/B/A UPLAND
MORTGAGE,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 08, 2005
TIME: 10:00 O'clock A.M.
LOCATION: 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:
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 2004-05415 JUDGMENT AMOUNT $67,775.22
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
STEVEN A. FINKEY and JOANNE K. FINKEY
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govennnental 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 CA USE 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 lrvine Row
Carlisle, Pennsylvania 17013
717-243-9400
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 an 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 nnist 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.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL TROM CERTAIN lots of ground with the improvements
tberean erected, situate in South Newton Township, Cumberland
County,'Pennsylvania, bounded and described as follows:
Tract No. I
BEGINNING at an iron pin in the center of the public road
leading from Jacksonville to Stoughstown at line of lands now or
formerly of Harry Beidel; thence by the center of said road South
36 degrees East 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy S. Black; thence by said lands
South 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees Rest 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Beidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract No. 2
BEGINNING at a point at the southeast corner of Tract No. Z
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodhart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at IEjids now or formerly of Edward L. Class, et
ux; thence by the lands now or formerly of Edward L. Glass, et
uk, North 30 degrees 9 minutes 20 seconds West 36 feet to a point
at lands of Tract No. 1; thence by the lands of Tract No. 1 in a
Northeast direction 100 feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
THESE measurements are in accordance with a survey made by
Thomas A. Neff, a registered surveyor, on April 27, 1970,
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed Book
140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Fifflcey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2004-05415 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
HOMEAMERICAN CREDIT INC ET AL
VS
FINKEY STEVEN A ET AL
R. Thomas Kline
Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
OCCUPANT
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT
36 MAPLE AVENUE
OCCUPANT
WALNUT BOTTOM, PA 17266
DEFENDANTS LIVE AT THE WALNUT BOTTOM ADDRESS.
PER MINDY, SERVICE WAS NOT ATTEMPTED AT NEWVILLE ADDRESS.
Sheriff's Costs: So answers -?
Docketing 6.00 -_! y
Service .00 Affidavit .00 - 1R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
16.00 PURCELL KRUG HALLER
11/05/2004
Sworn and subscribed to before me
this day of
J-W A. D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05415 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOMEAMERICAN CREDIT INC ET AL
VS
FINKEY STEVEN A ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
FINKEY STEVEN A the
DEFENDANT
at 1546:00 HOURS, on the 4th day of November , 2004
at 36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
STEVEN FINKEY
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
10.36 .00
10.00 R. Thomas Kline
.00
38.36 11/05/2004
PURCELL KRUG HALLER
Sworn and Subscribed to before
me this day of
1
A.D.
1Pro notary
By. tj d
10puty Sheriff
CASE NO: 2004-05415 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOMEAMERICAN CREDIT INC ET AL
VS
FINKEY STEVEN A ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
FINKEY JOANNE the
DEFENDANT , at 1546:00 HOURS, on the 4th day of November-, 2004
at 36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE FINKEY
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00 R. Thomas Kline
.00
16.00 11/05/2004
PURCELL KRUG HALLER
Sworn and Subscribed to before
me this day of
OA I .,2uvS? A.D.
t vl. .
P othonotary
By:
,f
D uty Sheriff
Homeamerican Credit, Inc.
VS
Steven A. Finkey and Joanne K. Finkey
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-5415 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Leon Haller.
Sheriff's Costs
Docketing 30.00
Surcharge 40.00
Poundage 5.76
Levy 30.00
Advertising 30.00
Mileage 9.62
Share of Bills 16.47
Law Journal 130.55
Law Library .50
Prothonotary 1.00
$ 293.90
Sworn and subscribed to before me
This ?' day of
2005, A.D. ?QrX,
Prothonotary
So Answers:
??mn?e,SC rhkif
BY , '? - dtJ
Re Estate Sergeant
5V
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HOMEAMERICAN CREDIT, INC. D/B/A UPLAND
MORTGAGE,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 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 36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA 17266-9701:
Name and address of the Owner(s) or Reputed Owner(s):
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
.JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
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 is a record lien on the
real property to be sold:
Cumberland Comity Adult Probation
1 Courthouse Square
Carlisle, PA 17013
Boscov's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
Boscov's Department Store Inc. c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
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 maybe affected by the sale:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
(in the preceding information, where addresses could not be reasonably ascertained, the same is
indicated.)
1 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 relating to unworn falsification to author
PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: December 9, 2004
I
HOMEAMERICAN CREDIT, INC. DfBlA UPLAND
MORTGAGE,
PLAINTIFF
V S.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
STEVEN A. FINKL-Y
IOANNE K. FINKEY,
OEFENDANT(S)
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 08, 2005
TIME: 10:00 O'clock A.M.
LOCATION: 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:
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Connnonwealth and County to:
No. 2004-05415 JUDGMENT AMOUNT $67,775.22
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
STEVEN A. f INKEY and JOANNE K. FINKEY
•
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 Shcriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be tiled 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
2 Libcrty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
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 an 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 13EFORE 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 of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
JLLL TMM CERTAIN lots of ground with the improvements
thereon erected, situate in south Newton Township, Cumberland
County, Pennsylvania, bounded and described as follows:
Tract_ 1o, 1
BEGINNING at an iron pin in the center of the public road
leading from Jacksonville to Stoughstovn at line of lands now or
formerly of Harry Seidel; thence by the center of said road South
36 degrees East 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy S. Slack; thence by said lands
south 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees West 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Beidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract No. 2
BEGINNING at a point at the southeast corner of Tract No. 1
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodhart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at I`aads now or formerly of Edward L. Glass, et
ux; thence by the lands now or formerly of Edward L. Glass, et
ux, North 30 degrees 9 minutes 20 seconds West 36 feet to a point
at lands of Tract No. 1; thence by the lands of Tract No. 1 in a
Northeast direction loo feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
THESE measurements are in accordance with a survey made by
Thomas A. Neff, a registered surveyor, on April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed Book
140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 04-5415 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HOMEAMERICAN CREDIT, INC. D/B/A UPLAND
MORTGAGE, Plaintiff (s)
From STEVEN A. FINKEY AND JOANNE K. FINKEY
(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 $67,775.22 L.L. $.50
Interest PER DIEM OF $18.15 TO SALE DATE 6/8/05
Atty's Comm % Due Prothy $1.00
Atty Paid $152.36 Other Costs ESCROW DEFICIT - $2,000.00
Plaintiff Paid
Date: DECEMBER 22, 2004
CURTIS R. LONG
Prothonot?
(Seal) j
?By: //AO o c`
Deputy
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
Real Estate Sale #16
On February 15, 2005 the Sheriff levied upon the
defendant's interest in the real property situated in
South Newton Township, Cumberland County, PA
Known and numbered as 36 Maple Ave.,
Walnut Bottom, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: February 15, 2005 ByeQ,?.?
Real Est e Deputy
LE :E d bZ 330 4001
Vd'AiNflui ONTI,638WU
d3183HS 3Hi A 331330
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
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,
April 15, 22, 29, 2005 ---
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true,
isa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
29 day of April _
NOTARIAL SEAL V
LOIS E. SNYDER, Notary Pubic
Carlisle Bom, Cumberland County
My Commission Expires March 5, 2009
REAL ESTATE ME NO. 16
Writ No. 2004-5415 Civil
Homeamerican Credit, Inc.,
d/b/a Upland Mortgage
VS.
Steven A. Finkey and
Joanne K. Finkey
Atty.: Leon Haller
ALL THOSE CERTAIN lots of
ground with the improvements
thereon erected, situate in South
Newton Township, Cumberland
County, Pennsylvania, bounded and
described as follows:
Tract No. 1
BEGINNING at an iron pin in the
center of the public road leading
from Jacksonville to Stoughstown
at line of lands now or formerly of
Harry Beidel; thence by the center
of said road South 36 degrees East
80 feet to a point at line of lands
now or formerly of Raymond S. and
Dorothy S. Black; thence by said
lands South 65 degrees 50 minutes
West 100 feet to a point; thence by
same North 36 degrees West 80 feet
to a point on line of lands now or
formerly of Harry Beidel; thence by
said lands now or formerly of Beidel
North 65 degrees 50 minutes East
100 feet to the center line of said
public road, the Place of BEGIN-
NING.
Tract No. 2
BEGINNING at a point at the
southeast corner of Tract No. I in
the center of legislative Route 21089;
thence by the center of Legislative
Route 21089 South 30 degrees 9
minutes 20 seconds East 22 feet to
a point at lands now or formerly of
Lewis A. Goodhart, et ux; thence
by the lands now or formerly of
Lewis A. Goodhart, et ux, South 63
degrees 34 minutes 20 seconds
West 100 feet to a point at lands
now or formerly of Edward L. Glass,
et ux; thence by the lands now or
formerly of Edward L. Glass, et ux,
North 30 degrees 9 minutes 20 sec-
onds West 36 feet to a point at lands
of Tract No. 1; thence by the lands of
Tract No. 1 in a Northeast direction
100 feet, more or less, to a point in
the center of Legislative Route 21089,
the point and place of BEGINNING.
THESE measurements are in
accordance with a survey made by
Thomas A. Neff, a registered sur-
veyor, on April 27, 1970.
HAVING THEREON ERECTED A
DWELLING KNOWN AS 36 MAPLE
AVENUE, WALNUT BOTTOM,
PENNSYLVANIA 17266-9701.
BEING THE SAME PREMISES
WHICH Ruth A. Craig by deed dated
8/3/90 and recorded in Deed Book
140, Page 910, granted and con-
veyed unto Steven A. Finkey and
Joanne K. Finkey.
TO BE SOLD AS THE PROP-
ERTY OF STEVEN A. FINKEY AND
JOANNE K. FINKEY ON JUDG-
MENT NO. 2004-05415.
ASSESSMENT NO. 41-31-2230-
001.
0y __15? y/S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 2004-05415
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 20024,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 20024,
PLAINTIFF
vs.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
Total Judgment Amount $67,775.22
Interest $13,249.50
Per diem of $18.15 to sale
date 6/13/2007
Escrow Deficit $2,104.23
TOTAL WRIT $83,128.95
*Plus additional interest, late charges and other costs
to date of sheriff's sale.
SALE DATE: Wednesday, June 13, 2007
(PROTHONOTARY'S USE)
Pltf. Paid
Deft. Paid
Due Proth/Clerk
Other Costs
PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Kindly Issue a Writ of Execution in the above captioned c e.
Date: March 13, 2007
Attorney for Plaintiff
1719 North Front Street L Haller
Harrisburg, PA 17102 PA I.D. #15700
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERLAND COUNTY:
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 36 MAPLE AVENUE, WALNUT BOTTOM,
PENNSYLVANIA 17266-9701
Date:
PROTHONOTARY/CLERK CIVIL DIVISION
BY
DEPUTY
ALL THOSE CERTAIN lots of ground with the improvements thereon erected, situate in South Newton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
Tract No. 1
BEGINNING at an iron pin in the center of the public road
leading from Jacksonville to Stoughstown at line of lands now or
formerly of Harry Beidel; thence by the center of said road South
36 degrees East 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy S. Black; thence by said lands
South 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees Rest 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Beidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract No- 2
BEGINNING at a point at the southeast corner of Tract No. 1
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodbart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at I`aads now or formerly of Edward L. C318ss, et
ux; thence by the lands.now or formerly of Edward L. Glass, et
ux, North 30 degrees 9 minutes 20 seconds West 36 feet to a point
at lands'of Tract No. 1,• thence by the lands of Tract No. 1 in a
northeast direction 100 feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
These measurements are in accordance with a survey made by Thomas A. Neff, a Registered Surveyor, on
April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed
Book 140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5415 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS MORTGAGE LOAN TRUST 20024
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20024, Plaintiff (s)
From STEVEN A. FINKEY AND JOANNE K. FINKEY
(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 $67,775.22
L.L.
Interest PER DIEM OF $18.15 TO SALE DATE 6/13/07 -- $13,249.50
Atty's Comm % Due Prothy $1.00
Atty Paid $379.26 Other Costs ESCROW DEFICIT - $2,104.23
Plaintiff Paid
Date: MARCH 14, 2007
(Seal)
Deputy
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
HOMEAMERICAN CREDIT, INC. D/B/A
UPLAND MORTGAGE,
Plaintiff
Vs.
STEVEN A. FINKEY
JOANNE K. FINKEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.2004-05415
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
VOLUNTARY SUBSTITUTION OF PLAINTIFF
PURSUANT TO RULE 2352 (a)
1. JPMorgan Chase Bank, N.A., as Trustee for the registered holders of ABFS
Mortgage Loan Trust 2002-4, Mortgage Pass-Through Certificates, Series 2002-4,
will be the last assignee of record and wishes to substitute itself for Plaintiff.
2. Material facts in which the right of succession and substitution is based are as
follows:
(a) Homeamerican Credit, Inc. d/b/a Upland Mortgage assigned all of its right,
title and interest to JPMorgan Chase Bank, N.A., as Trustee for the
registered holders of ABFS Mortgage Loan Trust 2002-4, Mortgage Pass-
Through Certificates, Series 2002-4, and same will be sent for recording.
3. JPMorgan Chase Bank, N.A., as Trustee for the registered holders of ABFS
Mortgage Loan Trust 2002-4, Mortgage Pass-Through Certificates, Series 2002-4
does voluntarily substitute itself as Plaintiff herein.
Leon P. H , Esquire
Purcell, Krug and Haller
1719 North Front Street
Harrisburg, PA 17102
ID#15700
Attorney for Plaintiff
Date: March 13, 2007
-?
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l
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
RELIEF FROM STAY
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In re: Joanne K. Finkey,
Debtor.
JPMorgan Chase Bank, N.A., et al.,
Movant,
V.
Joanne K. Finkey,
Debtor,
and
Charles J. Dehart, III, Trustee,
Additional Respondent.
CHAPTER 13
BANKRUPTCY CASE NUMBER
1-05-bk-02058 MDF
ORDER
AND NOW, after notice to all required parties and certification of default under the
terms of this Court's Order of January 20, 2006, and based upon Debtor's Response to Default
and Movant's Response thereto, and upon a hearing having been held on August 29, 2006, it is
hereby
ORDERED AND DECREED that the automatic stay of all proceedings, as provided
under 11 U.S.C. §362 of the Bankruptcy Code is lifted to permit JPMorgan Chase Bank, N.A., et
al., and its successors in interest, if any, to proceed with the foreclosure process through, among
other remedies, but not limited to, Sheriffs Sale regarding the premises located at 36 Maple
Avenue, Walnut Bottom, PA 17266; and it is
FURTHER ORDERED that Rule 4001(a) (3) is not applicable and JPMorgan Chase
Bank, N.A., et al. or its successors may immediately implement and enforce this order granting
relief from the automatic stay; and it is
FURTHER ORDERED that JPMorgan Chase Bank, N.A., et al. or its successors shall be
awarded attorney fees and costs in defense of this matter totaling $ 500.00.
By the Com-t,
Dated: August 31, 2006 74i 14
B P j1j+dge
This document is electronically signed and faded on the same date.
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AS TRUSTEE
JPMORGAN CHASE BANK, N.A.,
FOR THE REGISTERED RTRU HOLDERS 2 OF ABFS
MORTGAGE
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4, PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY, DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
Personally appeared before me, a Notary Public in and for said Commonwealth and County,
RE who being duly sworn according to law deposes and states that the
LEON P. HALLER, ESQUI a ed in any way
ants above named are not in the Military or Naval Service nor are they eng g
Defend ( )
them within the Soldiers and Sailors Relief Act of 1940, as amended.
which would bang
Sworn to and subscribed
before me this Zday
of ? 20 D?
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARYLAND K. FERRETTI, Notary Public
LowSr POW My Comm ssipn Explres Dauphin 8, 2010
?a T7
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jj
Co
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 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 36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA 17266-9701:
Name and address of the Owner(s) or Reputed Owner(s):
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
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 is a record lien on the
real property to be sold:
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
Boscov's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
Boscov's Department Store Inc. c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
John Billman
P. O. Box 56
Newville, PA 17241
John Billman c/o
Melissa K. Dively, Esquire
455 Phoenix Drive
Suite A
Chambersburg, PA 17201-4534
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
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:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
Robert L. O'Brien, Esquire
O'Brien Baric & Scherer
17 West South Street
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 ct to the
penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities.
Leon P. WPA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: March 13, 2007
ni
47
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? W ?J
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 13, 2007
TIME: 10:00 O'clock A.M.
LOCATION: 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:
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 2004-05415 JUDGMENT AMOUNT $67,775.22
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
STEVEN A. FINKEY and JOANNE K. FINKEY
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
PROPFRTY_
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
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 of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THOSE CERTAIN lots of ground with the improvements thereon erected, situate in South Newton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
Tract_No . 1
BEGINNING at an iron pin in the center of the public road
leading from Jacksonville to Stoughstown at line of lands now or
formerly of Harry 'Seidel; thence by the center of said road South
36 degrees East 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy s. Black; thence by said lands
south 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees West 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Seidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract No. 2
BEGINNING at a point at the southeast corner of Tract No.of
in the center of Legislative Route 21089,
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodhart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at I`aads now or formerly of Edward L. Glass, et
ux; thence by the lands now or formerly of Edward L. Glass, et
ux, North 30 degrees 9 minutes 20 seconds West 36 feet to a point
at laads'of Tract No. 1; thence by the lands of Tract No, 1 in a
northeast direction 100 feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
These measurements are in accordance with a survey made by Thomas A. Neff, a Registered Surveyor, on
April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed
Book 140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. F , KEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
-
TI
.1
C..:j '•G
r
HOMEAMERICAN CREDIT, INC. D/B/A
UPLAND MORTGAGE,
Plaintiff
Vs.
STEVEN A. FINKEY AND JOANNE K.
FINKEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: No.2004-05415
CIVIL ACTION - LAW -
: IN MORTGAGE FORECLOSURE
VOLUNTARY SUBSTITUTION OF JPMORGAN CHASE BAN N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS MORTGAGE LOAN TRUST 2002x4,
MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2002x4
PURSUANT TO RULE 2352 (a)
1. JPMorgan Chase Bank, N.A., as Trustee for the Registered Holders of ABFS
Mortgage Loan Trust 2002-4, Mortgage Pass-Through Certificates, Series 2002-4,
will be the last assignee of record and wishes to substitute itself for Plaintiff.
2. Material facts in which the right of succession and substitution is based are as
follows:
(a) HomeAmerican Credit, Inc., DBA Upland Mortgage assigned all of its right,
title and interest to JPMorgan Chase Bank, N.A., as Trustee for the Registered
Holders of ABFS Mortgage Loan Trust 2002-4, Mortgage Pass-Through
Certificates, Series 2002-4. Said Assignment has been sent for recording.
3. HomeAmerican Credit, Inc., DBA Upland Mortgage assigned all of its right, title and
interest to JPMorgan Chase Bank, N.A., as Trustee for the Registered Holders of
r 3
ABFS Mortgage Loan Trust 2002-4, Mortgage Pass-Through Certificates, Series 2002-4
does voluntarily substitute itself as Plaintiff herein.
BY:
Leon P. Haller, Esquire
Purcell, Krug and Haller
1719 North Front Street
Harrisburg, PA 17102
ID#15700
Attorney for Plaintiff
Date: March 20, 2007
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JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINYEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415 cog,,
O
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 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 36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA 17266-9701:
Name and address of the Owner(s) or Reputed Owner(s):
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
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 is a record lien on the
real property to be sold:
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
Boscov's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
Boscov's Department Store Inc. c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
John Billman
P. O. Box 56
Newville, PA 17241
John Billman c/o
Melissa K. Dively, Esquire
455 Phoenix Drive
Suite A
Chambersburg, PA 17201-4534
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
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:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
Robert L. O'Brien, Esquire
O'Brien Baric & Scherer
17 West South Street
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 ersonal
knowledge, information and belief. I understand that false statements herein are made ct to the
penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities.
Leon P. r PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: March 13, 2007
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, June 13, 2007
TRAE: 10:00 O'clock A.M.
LOCATION: 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:
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 2004-05415 JUDGMENT AMOUNT $67,775.22
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
STEVEN A. FINKEY and JOANNE K. FINKEY
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
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 of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THOSE CERTAIN lots of ground with the improvements thereon erected, situate in South Newton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
Tract NO. -L
BEGINNING at an iron pin in the center of the public road
leadinq from Jacksonville to stoughstown at line of lands now or
formerly of Harry Beidel; thence by the center of said road South
36 degrees East 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy 'S. Black; thence by said lands
South 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees West 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Seidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
't'ract No. 2
BEGINNING at a point at the southeast corner of Tract No. Y
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodhart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a Point at IEnEds now or formerly of Edgard L. Glass, et
ux; thence by the lands now or formerly of Edward L. Glass, et
ux, North 30 degrees 9 minutes 20 seconds Kest 36 feet to a point
at lands'of Tract No. 1; thence by the lands of Tract No. 1 in a
S ortheast direction 100 feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
These measurements are in accordance with a survey made by Thomas A. Neff, a Registered Surveyor, on
April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed
Book 140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
JP Morgan Chase Bank, N.A.
VS
Steven A. & Joanne K. Finkey
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-5415 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Leon P. Haller.
Sheriff's Costs:
Docketing $30.00
Poundage 1.79
Levy 15.00
Mileage 13.44
Prothonotary 1.00
Surcharge 40.00
$ 101.23/
01
4,?,o
Ste" s
R. Thomas Kline, Sheriff
B
Real Estat Sergeant
Do tp?o
C04 # ?4 188
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5415 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS MORTGAGE LOAN TRUST 2002-4
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20024, Plaintiff (s)
From STEVEN A. FINKEY AND JOANNE K. FINKEY
(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 $67,775.22
L.L.
Interest PER DIEM OF $18.15 TO SALE DATE 6/13/07 -- $13,249.50
Atty's Comm % Due Prothy $1.00
Atty Paid $379.26
Plaintiff Paid
Other Costs ESCROW DEFICIT - $2,104.23
Date: MARCH 14, 2007
(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
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Real Estate Sale # 108
On March 19, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
South Newton Township, Cumberland County, PA
Known and numbered as 36 Maple Ave.,
40
Walnut Bottom, more fully described on Exhibit "A" ?ni
filed with this writ and by this reference
incorporated herein.
Date: March 19, 2007
By: J&Gtk
Real Estate Sergeant
S 7 .,
Vl
...A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 2004-05415
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
Total Judgment Amount $67,775.22
Interest $15,952.20
Per diem of $18.15 to sale
date 12/05/2007
Escrow Deficit $2,373.72
TOTAL WRIT $86,101.14
*Plus additional interest, late charges and other costs
to date of sheriff's sale.
SALE DATE: Wednesday, December 05, 2007
(PROTHONOTARY'S USE)
Pltf. Paid
Deft. Paid
Due Proth/Clerk
Other Costs
PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Kindly Issue a Writ of Execution in the above ca - d case.
Date: August 20, 2007
Attorney for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Ian P. Haller
PA I.D. #15700
WRIT OF EXECUTION- MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERLAND COUNTY:
SS
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 36 MAPLE AVENUE, WALNUT BOTTOM,
PENNSYLVANIA 17266-9701
Date: C ;L-, 9007
BY
PROTHONOTARY/CLERK CIVIL DIVISION
DEPUTY
1
Ift
ALL THOSE CERTAIN lots of ground with the improvements thereon erected., situate in South Newton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin in the center of the public road
leading from Jacksonville to Stoughstown at line of lands now or
formerly of Harry Seidel; thence by the center of said road South
36 degrees last so feet to a point at line of lands now or
formerly of Raymond S. and Dorothy'S. Black; thence by said lands
South 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees West 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Seidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract No. 2
BEGINNING at a point at the southeast corner of Tract No. 1
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodhart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at IiEds now or formerly of Edward L. Glass, et
ux; thence by the lands now or formerly of Edward L. Glass, et
ux, North 30 degrees 9 minutes 20 seconds Nest 36 feet to a point
at lands'of Tract No. 1; thence by the lands of Tract No. 1 in a
Northeast direction 100 feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
HEVINNING.
These measurements are in accordance with a survey made by Thomas A. Nei a Registered Surveyor, on
April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed
Book 140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
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JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
Personally appeared before me, a Notary Public in and for said Commonwealth and County,
LEON P. HAULER, ESQUIRE who being duly sworn according to law deposes and states that the
Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way
which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended.
Sworn to and subscribed
before me this C&day
of? 206:
aryl an Ferretti
Not Public
ESQUIRE
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARYLAND K. FERRETTI, Notary Public
Lower Paxton Twp., Dauphin County
M ca"Wrslon L ; Aug. 6 2010
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JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 20024,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 20024,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 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 36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA 17266-9701:
1. Name and address of the Owner(s) or Reputed Owner(s):
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
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 is a record lien on the
real property to be sold:
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
Boscov's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
Boscov's Department Store Inc. c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
John Billman
P. O. Box 56
Newville, PA 17241
John Billman c/o
Melissa K. Dively, Esquire
455 Phoenix Drive
Suite A
Chambersburg, PA 17201-4534
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
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:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
Robert L. O'Brien, Esquire
O'Brien Baric & Scherer
17 West South Street
Carlisle, PA 17013
I'
(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 to the
penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities.
Leon P er PA T.D. #15700
P , Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: August 20, 2007
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JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Wednesday, DECEMBER 05, 2007
TIME: 10:00 O'clock A.M.
LOCATION: 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:
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 200405415 JUDGMENT AMOUNT $67,775.22
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
STEVEN A. FINKEY and JOANNE K. FINKEY
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
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 of the petition 'to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THOSE CERTAIN lots of ground with the improvements thereon erected, situate in South Newton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGI3MING at an iron pin in the center of the public road
leading from Jacksonville to Stoughstown at line of lands now or
formerly of Harry Seidel; thence by the center of said road South
36 degrees last 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy'S. Black; thence by said lands
South 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees West 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said loads now or
formerly of Beidel North 65 degrees 50 minutes last 100 feet to
the center line of said public road, the Place of BEGINNING.
Tract No. 2
BEGINNING at a point at the southeast corner of Tract No. 1
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Levis A.
Goodhart, et ua; thence by the lands now or formerly of Lewis A.
Goodhart, et uz, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at 11ads now or formerly of Edward L. Glass, et
ux; thence by the lands now or formerly of Edward L. Glass, et
uX, North 30 degrees 9 minutes 20 seconds West 36 feet to a point
at lands'of Tract No. 1; thence by the lands of Tract No. 1 in a
Northeast direction 100 feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
These measurements are in accordance with a survey made by Thomas A. Nei a Registered Surveyor, on
April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed
Book 140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
Cl)
......;?
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Fi
y cp
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N004-5415 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR
THE REGISTERED HOLDERS OF ABFS MORTGAGE LOAN TRUST 20024, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 20024, Plaintiff (s)
From STEVEN A. FINKEY AND JOANNE K. FINKEY
(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$67,775.22
L.L.
Interest PER DIEM OF $18.15 TO SALE DATE 12/05/2007 - $15,952.20
Atty's Conun %
Atty Paid $588.99
Plaintiff Paid
Date: August 22, 2007
(Seal)
Due Prothy $2.00
Other CostsESCROW DEFICIT - $ 2,373.72
R. Long, Prothonotary
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
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
VS.
STEVEN A. FINKEy
JOANNE K. FINKEy,
IN MORTGAGE FORECLOSURE
DEFENDANT(S)
MTURN OF SERVICE
I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Penns
August 31, 2007 , a true and correct co
py of the Notice of Sale of Real Estate pursuant t to PA
.P. 3129.1 to the Defendants herein and all lienholders of record b regular ylvana t
(Certificate of Mailing form in compliance with U.S. Postal Form 3817 is t c d first class mail
Rand .C also to the Defendants by Certified Mail, which mailing receipts are attached. hereto as evidence),
as follows: Service addresses are
STEVEN A. FINKEy
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEy
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266-9701
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
Boscov's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
Robert L. O'Brien, Esquire
O'Brien Baric & Scherer
17 West South Street
Carlisle, PA 17013
John Billman
P. O. Box 56
Newville, PA 17241
John Billman c/o
Melissa K. Dively, Esquire
455 Phoenix Drive
Suite A
Chambersburg, PA 17201-4534
NOTICE IS HEREBY GIVEN to the Defendants in the within action an those parties who
hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the
Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1
attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution
of Common Pleas of the within county on the judgment 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 the lien you hold against the said real estate by the sale and that you have an opportunity to protect your interest, Sheriffs Sale. ' 1 be
if any, by bei no ed of
. bailer PA I.D.15700
;y for Plaintiff
MG3M%4997525214
TO: STEVEN A. FINKEy
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
SENDER:
NOS 12/05/07
REFERENCE: OCWEN/FINKEY
RETURN Postage
RECEIPT ??ed Fee
SERVICE
Return Receip
Restricted Der
Total Poste
US Postal Se
Receipt f r
Certified ii
No Insuranq Covwap
Do Not U«
POSTMARK OR D
G 31 2007
711 39p], 9849 9752 SW I
7X): JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
SENDER:
NOS 12/05/07
REFERENCE: OCWEN/FINKEY
RETURN Postage
RECEIPT Fee
SERVICE Certified Return Receipt Fee
Restricted Delivery
Total Postage & Fees
US Postal %r Am
Receipt for
Certified Mail
No Ine unme C01iwwW Provided
00 Not Use for Irdoney«,r Ma
U
2. Arode Number
• • 11 aa4e Addressed to:
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
- - ianuery 2005
Domestic Return Receipt
2. Article Number ` - -.
7360 3?], 9649 4752 52x7
WALNUT BOTTON,PA 17266
981
t, ,ley ? NOS 12/0107
DOn>•afic Retum
LAW OFFICES
HOWARD B. KRUG
LEON P. HALLER
JOHN W. PURCELL JR.
JILL M. WINKA
BRIAN J. TYLER
NICHOLE M. STALEY O'GORMAN
10
Mx0e&' xn?v d-')Ka?
1719 NORTH FRONT STREETS
HARRISBURG, PENNSYLVANIA 1 7 1 02-23 92
TELEPHONE (717) 234-4178
FAX (717) 234-1206
STEVEN A. FINKEy
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266-9701
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
BOscov'S Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
BOSCOV'S Department Store Inc, c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, pA 17101
HERSHEY
JOSEPH NISSLEY 0910-1982)
JOHN W.PURCELL
VALERIE A. GUNNOF
COUNSEL
Boscov's Department Store Inc. c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
Robert L. O'Brien, Esquire
O'Brien Baric & Scherer
17 West South Street
Carlisle, PA 17013
John Billman
P. O. Box 56
Newville, PA 17241
John Billman c/o
Melissa K. Dively, Esquire
455 Phoenix Drive
Suite A
Chambersburg, PA 17201-4534
By
runt G & HALLER
Att s for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
JPMORGAN CHASE BANK, N.A.,
AS TRUSTEE LDE FOR THE REGISI D HOT 200 RS OF ABFS
MORTGAGE LO
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4, PLAINTIFF
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY' PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
STEVEN A. FINKEY I
JOANNE K. FINKEY, DEFENDANT(S)
NOTICE OF SHERIFF'S SALE OF RED' ESTATE
PURSUANT TO
___,tT rnnriwniTRE 31.
TAKE NOTICE:
That the Sheriff s Sale of Real Property (real estate) will be held:
DATE: Wednesday, DECEMBER 059 2007
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
SOLD is delineated in detail in a legal description
on of he buildings
THE PROPERTY TO BE ertto ether with a brief of a statement of the measured boundaries boundaries erected of on the the prop land. Y, (SEE DESCRIPTION ATTACHED)
and any other major improvements
THE LOCATION of your property to be sold is:
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
Pursuant to which your property is being sold is docketed in the
THE JUDGMENT under or p
within Commonwealth and County to: AMOUNT $67,775.22
No. 2004-05415 JUDGMENT THE NAMES
OF THE OWNERS OR REPUTED OWNERS of this property is:
STEVEN A. FINKEY and JOANNE K FINKEY
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or . ed and to be
entitled to receive part of the proceeds of the ale receiv
pal ties that are
corporate entities or agencies bung to banks that hold mortgages an
ff of this County thirty (30) days after the sale and distribution of
disbursed by the Sheriff (for example,
will be filed by the Shen
owed taxes) with this schedule will, in fact, be made unless someone objects by
the proceeds of sale in accordance
days of the date it is filed.
filing exceptions to it within ten (10)
of Distribution maybe obtained from the Sheriff of the Court of
information about the Schedule specified herein.
Common Pleas of the within County at the Courthouse address T= . -v nF THE SALE O= BUR
PROPERTY.
THE JUDGMENT taken away. A lawyer can advise
you may have legal rights to prevent your property from being YOU MUST ACT
you more specifically of these rights. If you wish to exercise your rights,
PROMPTLY.
TAKE THIS PAPER TO YOUR LAWYER T WHERE YOOU O N ET
YOU SHOULD
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row 17013
Carlisle, Pennsylvania
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE County to open the
petition with the Court of Common Pleas of the within that has entered judgment
1. You may file a erson or company
are aware of a legal defect in the
judgment if you have a meritorious defense against the p you
ou. You may also file a petition with the same Court if y
against y
obligation or the procedure used against you. of the within
Sale you may file a petition with the Court of Comoro causes This petition
2. After the Sheriffs Sa y grossly inadequate price or for other proper
County to set aside the sale for a ST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
MU receding paragraphs
petitions raising the legal issues or rights mentioned in the p
3. A petition or p The petition must be served on
f the within County.
must be presented to the Court of Common Pleas o and a proposed order or
the attornbe afor the creditor or on ttached to the petit onhe creditor before presentation to the court
rule must ourt date is desired, such date must be obtained of the petition to the
If a specific return Courthouse, before a presentation office - Civil Division, of the within County
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
of ground with the improvements thereon erected, situate in south Newton
ALL THOSE CERTAIN lots o Cumberland County, Pennsylvania, bounded and described as follow
Township,
Xa,.t uo - 1- ubl is road
T
in in the oughStovn center of thcf lands aoW or
BEGINNING at an iron P at line
leading thence by the center of said road South
fxom Jacksonvil l e to St of Barry Seidel; tint at line of lands nO14or lands
formerly 80 feet amto a d Dorothy S• Black; thence by said
and S. Dint; thence by
36 degrees East o
West 100 feet a
formerly of Raym 50 minutes 65 deg a vint on line of lands
tees es
degrees Aest 80 feet to P lands now or
same North 36 degr Seidel; thence by said 00 feet to
now or formerly of Barry degrees 50 minutes East 1
formerly of Seidel North 65 ublic road, the place of BFr'1M1NG.
the center line of said P
Tract No. 2 of Tract No- 1
e southeast come= center of
BgGIpIiING at a point at th • thence by the
s 9 minutes 20 seconds
in the center of Legislative Rout e 2108 of Lewis A•
Legislative Route 21089 South 30 degrees
of Lewis A•
East 22 feet to a poine bt lands now or torme2
lands now or formerly West 100
Goodhart, et ux; thenc y the
Goodhart, et ux, south 63 derr forme lytof Edward L. t3lass,?t
of Edwazd L. Dint
feet to a point at Iands now Glass, et thence by the lands now or formerly
ux, Dtorth 30 degrees 9 minutes 20 sthe Irls land9sof3Tracttllo? 1 ii thence by n a
at lands'of Tract No. 1, to a point in the
Northeast direction 100 feet, more or leoint and place of
center of Legislative Route 21089. the p
REOINNING.
These measurements are in accordance with a survey made by Thomas A. Neff, a Registered Surveyor, on
April 27, 1970. WALNUT
THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE,
HAVING 17266-9701
BOTTOM, PENNSYLVANIA
REMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed
BEING THE SAME Pd and conveyed unto Steven A. Finkey and Joanne K. Finkey.
Book 140, Page 910, gI'
OF STEVEN A. FINKEY AND JOANNE K. FINKEY ON
TO BE SOLD AS THE PROPERTY
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
r
C. DBA UPLAND MORTGAGE v. STEVEN A. FINKEY JOANNE K. FINKEY
HOMEAMERiCAN CREDIT, IN%
Cumberland County Sale 1215107
U. 5. POSTAL SERVICE
CERTIFICATE OF MAILING
In com Nance with postal Service Form 387
Received from Postage:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postmark:
One piece of ordinary mail addressed to:
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
U. S. POSTAL- SERVICE
CERTIFICATE OF MAILING
In com Nance with Postal Service Form 387
Received from: Postage:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postmark:
One piece of ordinary mail addressed to:
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(I Service Form 3877
an com Nance with Postal
Received from: Postage:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postmark:
One piece of ordinary mail addressed to:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
O
",FNFY 00WE5
0 2 R $ 01.050 200
00 E4353871 AIJG31 D FROM ZIPGODE 1710
nG
USri
i
INC. DBA UPLAND MORTGAGE V. STEVEN A. FINKEY JOANNE K. FINKEY
HOMEAMERICAN S?D2?5/07
ale Cumberland County
U. S. POSTAL SERVICE
F MAILING
CERTIFICATE'
In com Nance with Postal Service Form 387
Received from: Postage:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postmark:
One piece of ordinary mail addressed to:
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM pENNSYLVANIA 17266-9701
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
In com Hance with Postal Service Form 387
Received from: Postage:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postmark:
One piece of ordinary mail addressed to:
BOSCOV's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
In com Nance with Postal Service Form 3877
Received from: Postage:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
Postmark:
One piece of ordinary mail addressed to:
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
P PN
PUNEY HONES
$ 01.05
1A
004353871 AUG31 20(
MAILED FROM ZIP CODE 171 (
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In com liance with Postal Service Form 3877
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Boscov's Department Store Inc. c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
Postage:
Postmark:
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In comp liance with Postal Service Form 3877
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
Postage:
Postmark:
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In com liance with Postal Service Form 3877
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Robert L. O'Brien, Esquire
O'Brien Baric & Scherer
17 West South Street
Carlisle, PA 17013
Postage:
Postmark:
O6
YI 7
UPITNEY BOWES
Pig's
$ 01.050
3871 AUG31 2007
FROM ZIP CODE 1 71 02
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In com liance with Postal Service Form 3877
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
John Billman
P. O. Box 56
Newville, PA 17241
Postage:
Postmark:
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In com liance with Postal Service Form 3877
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
John Billman C/o
Melissa K. Dively, Esquire
455 Phoenix Drive
Suite A
Chambersburg, PA 17201-4534
Postage:
Postmark:
Q G PQ 7j7
0',
L02
00
r M
t1?PS
?? PITNEY BOWES
$ 02.10°
353871 AUG31 2007
:D FROM ZIP CODE 1710 2
-
-n
4
_T
_
a
co
CYI .,.aC?
r-I
W K
(04 -5115
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Holders of ABFS Mtg Loan Trust 2002-4 is the grantee the same having
been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution
issued on the 22nd day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil
Term, 2004 Number 5415, at the suit of ABFS Mtg_Loan Trust 2002-4 Tr against Steven A Finkey &
Joanne K is duly recorded as Instrument Number 200801486.
IN TESTIMONY WHEREOF, I have hereunto set my hand
a7I,11 eal of said office this ICy day of ?aAAj
A.D.
A it `l i /I Z)
of Deeds
Records Deeds, Cumberland County, Carlisle, PA
My Con#ssion Expkes Me First Monday of Jan. 2010
JP Morgan Chase Bank, NA, as Trustee for the In the Court of Common Pleas of
Registered Holders of ABFS Mortgage Loan Cumberland County, Pennsylvania
Trust 2002-4 Mortgage Pass Through Certificates Writ No. 2004-5415 Civil Term
Series 2002-4
VS
Steven A. Finkey and Joanne K. Finkey
Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
September 21, 2007 at 1939 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendants, to wit: Steven A.
Finkey and Joanne K. Finkey, by making known unto Steven A. Finkey, personally and husband of
Joanne K. Finkey, at 36 Maple Ave., Walnut Bottom, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
October 08, 2007 at 1243 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Steven A. Finkey and Joanne K.
Finkey located at 36 Maple Ave., Walnut Bottom, Cumberland County, Pennsylvania according to
law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendants, to wit: Steven A.
Finkey and Joanne K. Finkey by regular mail to their last known address of 36 Maple Ave., Walnut
Bottom, PA 17266. These letters were mailed under the date of October 12, 2007 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5,
2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller, on
behalf of JPMorgan Chase Bank, N.A., as Trustee for the Registered Holders of ABFS Mortgage
Loan Trust 2002-4, Mortgage Pass Through Certificates, Series 2002-4. It being the highest bid and
best price received for the same, JPMorgan Chase Bank, N.A., as Trustee for the Registered
Holders of ABFS Mortgage Loan Trust 2002-4, Mortgage Pass Through Certificates, Series 2002-4
of 1675 Palm Beach Lakes Blvd., Suite 402, West Palm Beach, FL 33401 being the buyer in this
execution, paid to Sheriff R. Thomas Kline the sum of $1,238.87.
Sheriff s Costs:
Docketing $30.00
Poundage 24.29
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Prothonotary 2.00
Mileage 26.88
Levy 15.00
Surcharge 40.00
Law Journal 503.00
Patriot News 430.28
Share of Bills 14.92
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 1,238.87 ? ??/ 3'?G Y.,
So Answers:
R. Thomas Kline, Sheriff
B'?--J?'Cu vvbkL
Real Estate rgeant
d?"
W?
,;7, V-0
(:1"- 41 899
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 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 36 MAPLE AVENUE, WALNUT BOTTOM, PENNSYLVANIA 17266-9701:
1. Name and address of the Owner(s) or Reputed Owner(s):
STEVEN A. FINKEY
36 MAPLE AVENUE
WALNUT BOTTOM, PA 17266
JOANNE K. FINKEY
36 MAPLE AVENUE
WALNUT BOTTON, PA 17266
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 is a record lien on the
real property to be sold:
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
Boscov's Department Store Inc.
P.O. Box 4274
Reading, PA 19606 0674
-
Boscov's Department Store Inc. c/o
Arthur M. Feld, Esquire
1309 Bridge Street
New Cumberland, PA 17070 1116
John Billman
P. O. Box 56
Newville, PA 17241
John Billman c/o
Melissa K. Dively, Esquire
455 Phoenix Drive
Suite A
Chambersburg, PA 17201-4534
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Pennsylvania Housing Finance Agency
211 North Front Street
Harrisburg, PA 17101
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:
DOMESTIC RELATIONS
Cumberland County Courthouse
13 North Hanover Street
Carlisle, PA 17013
TENANT/OCCUPANT
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
Robert L. O'Brien, Esquire
O'Brien Baric & Scherer
17 West South Street
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 to the
penalties of 18 PA C. S. Section 4904 relating to unsworn falsification to authorities.
Leon P er PA I.D. #15700
P , Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: August 20, 2007
JPMORGAN CHASE BANK, N.A., AS TRUSTEE
FOR THE REGISTERED HOLDERS OF ABFS
MORTGAGE LOAN TRUST 2002-4,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2002-4,
PLAINTIFF
VS.
STEVEN A. FINKEY
JOANNE K. FINKEY,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2004-05415
IN MORTGAGE FORECLOSURE
DEFENDANT(S)
C-D
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO -"
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
rv r
TAKE NOTICE:, + = j
That the Sheriffs Sale of Real Property (real estate) will be held: c
c
DATE: Wednesday, DECEMBER 05, 2007 t I
TIME: 10:00 O'clock A.M.
LOCATION: 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:
36 MAPLE AVENUE
WALNUT BOTTOM, PENNSYLVANIA 17266-9701
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 2004-05415 JUDGMENT AMOUNT $67,775.22
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
STEVEN A. FINKEY and JOANNE K. FINKEY
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
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 of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THOSE CERTAIN lots of ground with the improvements thereon erected, situate in South Newton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
Tract No. 1
BEGINNING at an iron pin in the center of the public road
leading from Jacksonville to stoughstown at line of lands nou or
formerly of Barry Beidel; thence by the center of said road South
36 degrees East 80 feet to a point at line of lands now or
formerly of Raymond S. and Dorothy S. Black; thence by said lands
South 65 degrees 50 minutes West 100 feet to a point; thence by
same North 36 degrees West 80 feet to a point on line of lands
now or formerly of Harry Beidel; thence by said lands now or
formerly of Beidel North 65 degrees 50 minutes East 100 feet to
the center line of said public road, the Place of BEGINNING.
tract No. 2
BEGINNING at a point at the southeast corner of Tract No_ 1
in the center of Legislative Route 21089; thence by the center of
Legislative Route 21089 South 30 degrees 9 minutes 20 seconds
East 22 feet to a point at lands now or formerly of Lewis A.
Goodhart, et ux; thence by the lands now or formerly of Lewis A.
Goodhart, et ux, South 63 degrees 34 minutes 20 seconds West 100
feet to a point at I`aiids now or formerly of Edward L. Glass, et
LIZ; thence by the lands now or formerly of Edward L. Glass, et
uX, North 30 degrees 9 minutes 20 seconds West 36 feet to a point
at lands *of Tract No. 1; thence by the lands of Tract No. 1 in a
Northeast direction loo feet, more or less, to a point in the
center of Legislative Route 21089, the point and place of
BEGINNING.
These measurements are in accordance with a survey made by Thomas A. Neff; a Registered Surveyor, on
April 27, 1970.
HAVING THEREON ERECTED A DWELLING KNOWN AS 36 MAPLE AVENUE, WALNUT
BOTTOM, PENNSYLVANIA 17266-9701
BEING THE SAME PREMISES WHICH Ruth A. Craig by deed dated 8/3/90 and recorded in Deed
Book 140, Page 910, granted and conveyed unto Steven A. Finkey and Joanne K. Finkey.
TO BE SOLD AS THE PROPERTY OF STEVEN A. FINKEY AND JOANNE K. FR\KEY ON
JUDGMENT NO. 2004-05415
ASSESSMENT NO. 41-31-2230-001
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N004-5415 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR
THE REGISTERED HOLDERS OF ABFS MORTGAGE LOAN TRUST 2002-4, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 20024, Plaintiff (s)
From STEVEN A. FINKEY AND JOANNE K. FINKEY
(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$67,775.22
L.L.
Interest PER DIEM OF $18.15 TO SALE DATE 12/05/2007 - $15,952.20
Atty's Comm %
Atty Paid $588.99
Plaintiff Paid
Due Prothy $2.00
Other CostsESCROW DEFICIT - $ 2,373.72
Date: August 22, 2007
(Seal)
REQUESTING PARTY:
Name LEON P HALLER, ESQUIRE
Address: 1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
liepury
Telephone: 717-234-4178
Supreme Court ID No. 15700
Real Estate Sale # 57
On September 5, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
South Newton Township, Cumberland County, PA
Known and numbered as 36 Maple Avenue,
Walnut Bottom, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: September 5, 2007 By:
Real Estate Sergeant
v`
JJ?
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.
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:
October 26, November 2 and November 9, 2007
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. 57
Writ No. 2004-5415 Civil
JP Morgan, Chase Bank, N.A.
as Trustee for the Registered
Holders of ABFS Mortgage Loan
Trust 2002-4, Mortgage Pass-
Through Certificates,
Series 2002-4
vs.
St - . Finkey and
J e K. Finkey
A Leon Haller
CRIPTION
ALL THE CERTAIN lots of
ground ?v the improvements
thereon erected, situate in South
Newton Township, Cumberland
County, Pennsylvania, bounded and
described as follows:
Tract No. 1
BEGINNING at an iron pin in the
center of the public road leading
from Jacksonville to Stoughstown
_gJhne of lands now or -formerly -of,
L sa Marie Coyne, Edl or
SWORN TO AND SUBSCRIBED before me this
day of November, 2007
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
The Patriot-News Co.
+?... 812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
?e Patr1*ot%X1ews
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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.
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