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HomeMy WebLinkAbout02-0825BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff vs. HOWARD L. MANNING, JR. PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE An , Val V& CL?;J- THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff vs. HOWARD L. MANNING, JR. PHYLLIS J. WALLACE, 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 BANKONE, NATIONAL ASSOCIATION, TRUSTEE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. ACTION OF MORTGAGE FORECLOSURE HOWARD L. MANNING, JR. ©1 _ gas PHYLLIS J. WALLACE, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANKONE, NATIONAL ASSOCIATION, TRUSTEE, a national association acting through its servicing agent Homecomings Financial Network, Inc. whose address is 9275 SKY PARK COURT, SAN DIEGO, CALIFORNIA 92123. 2. Defendant, HOWARD L. MANNING, JR., is an adult individual whose last known address is 59 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, PHYLLIS J. WALLACE, is an adult individual whose last known address is 59 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, October 29, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $55,800.00 payable to HOMECOMINGS FINANCIAL NETWORK, INC., 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 1580, Page 995 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Bankone, National Association, Trustee and was recorded in the aforesaid County in Mortgage Book 645, Page 708. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 59 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 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 October 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.25 per day From 09/01/2001 To 03/01/2002 (based on contract rate of 11.8750%) Accumulated Late Charges Late Charges $28.43 From 10/01/2001 to 03/01/2002 Attorney's Fee at 5% of Principal Balance TOTAL $55,330.79 $3,303.25 $85.29 $142.15 $2,766.54 $61,628.02 "Together with interest at the per diem rate noted above after March 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. 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 Pennsylvania Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 11.8750% ($18.25 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff'Oj ale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) .L NOTE OCTOBER 290 1999 59 NORTH BEDFORD STREET CARLISLE, PA 17013 gtb RropuW Add=] 1. BORROWER'S PROMISE TO PAY k return for a loan that I have received, I promise to pay U.S. S 55, 800.00 -prmcipal-), plus hitereat, to the order of the Lauder. The Lender Is H043COMINGS FINANCIAL NETWORK, INC. Iftal (this amount is called . 1 understand that the Lender may tram I this Note- The Leader or anyone who taloea this Note by transfer std who is entitled to receive -payments under this Now is called the 'Note Holder.' 2.1NI'ERRST Interest will be ebarged on unpaid pdncipal until the fill amount of principal has boa paid. I will pay interest at a yearly rate of 11.8750 %. The interest rate required by this Section 2 L the cue I will pay both before and afm any default described in Section 6(B) of this Note. 3. PAYNIEWS (A) 'l'ime and Pbmx of Pgmeads I will pay principal and interest by mating payments every month. I will mate my monthly payments on the first day of each month beginning on DECRIBER 1 1999 . I will mate time payments every mouth waft I have paid all of the principal and Interest ad any other c]urges described below that I mmy are safer this Now. My monthly pgmeats will be applied to Interest I foe principal. If, on NOV3NHaR 1, 2029 . I still owe amoaots under this Nate, I will pay those amoums is fig an that date, which is called the -Man* Date.' I will mats rant monthly paymeaa at P.O. BOX 660804 DALLAS, TX 75266-0804 or ac a diSermt place U required by the Note Holder. (0) Amount of Monthty Payments my nanthly payment will be hr the amount of U.S. $ 568.60 4. BORROWER'S RIGHT TO PREPAY I havuldw right to mate payments of principal at arty time before they are due. A payment of principal only is imown as a prepayment.- when I mate a prepgmem, I will tell the Note Holder In writing there I on doing so. I may mate a fin prepayment or partial prepayments without paying my prepgmew charge. The Note Holder will use all of sty prepayments to reduce the amount of principal that I owe under this Note. If I mate a partial prepayment. there will be no changes in dodo date err m the amount of my monthly payment unless the Note Kolderqpves in writing to those changes. S. LOAN CHARGES If a law. which applies to this loan and which sera maximum loan charges. Is ilaslly iaterpraed so that the httetest or other loan charges collocted our to be collected is connection with this loan stood the permitted limits, then-. ( airy such tom charge shall be reduced by the amount necessity to reduce the amp to the permitted limit and (1l) any sums already collected from me which exceeded permitted limits will be retarded to me. The Note Holder may choose to malts thin of and by reducing the principal I owe under this Note or by making a direct payment to me. If a refund redoces prhmdpal, the reduction will be treated as a partial pnpaymem. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the fors amount of stay monthly payment by the end of 15 calendar days after the date it is doe. I will pay a late charge to the Note Holder. The amount of the dwp will be 5.00 9I, of my overdue payment of principal and intone. I will pay this late chatgp promptly but only once on each late payment. (0) Default If I do oet pay the fill amount of cub motuhly payment on the date it is due, t will be m datkult. MULTISTATE Foceo RATE NOTE - Sh is Fumy - FNMA1FHLMC Urdterm hauumaM k-6R atosl a pnmidtrd 121183 U- T r`°'t«a? tWed, ?`'? I1111111Ililll1111IIIIIIIIIIIIIlIINIII1111111I111 0 NW=30az - OWS E E?0I-67 i, H If (C) Notice of DdM t If I am In default, the Note Holder may send me a written notice telling no that if I do not pay the overdue amount by a certain date, the Noce Holder may require me to pay immediately tho full am== of principal which has not been paid and all the Interest that I owe on that amount. That date tow be at least 30 days after the date on which the notice is delivered or marled to me. (1n No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not me to pay immediately in fail a: described above, the Note Holder will still have the right to do so if I am In deftu It at a?time. Costs if theNo Holder has required a me to pay ins y in fWl as described abo% the Note Holder will have the tight to be paid back by me for all oll Am swats and estpmses is emtoncmg this Note to the extau not prohibited by applicable law. Those for c 7. G?I'VINGOF NOTIC84 preasonable attorneys' lia. Unless applicable law requites a diflixaot method, any notice that must be given to me under this Note will be given by delivering it or by nyd, it by first clan mail to meat the property Address above or at a different address if I give the Note Holder a noft notice that must be given to the Note Holder of address. this Note wig be in" It by first a notice that class Note Any at the address stated In Section 3(A) above or at under ddknent address if I am given of different mall to die address. 8.0 N ATIONS? Fp person a%S UNDER ? NOTE person Is fidly and pasoodly obligated to ]Deep all of the promises made in more dust this Note, Including the promise to pay the full amount owed. Any person who is a guarantor, surety or mdo om of this Note is also obligated to do these things. Any person who taloes over than obligations. Including the obligadons of a guarantor, surety or endorser of this Note, is also obligated tokeep, all of the promises made in this Note. The Note Holder may enforce ib rights under this Note eselost estch prism lad vidaslly or against all of ns together. This means that any one of us may be required to pry all of the amounts owed under this Now 9. WAIVERS I and any other person wbo has obligations under this Nero waive the rights of presentment and notice of dishonor. 'Presentment' mum the right to requite the Note Holder to demand payment of smounts doe. 'Nadoe of dishonor' means do riabt to requite theme Note Holder' to nodes to other persons that amours due have ma been paid. 1? This Note is a u nthrm instrument with limited variations is some jurisdictions. In addition to the protections given to the Now Holder under We, Note, a Mortgage, Deed of Treat or Deed (the 'SwA* Instrumtot7, dared the same date as this Note, protects the Note Holder from possible lasses which?raWt ;g l do not keep the promises which I make in this Note. That Security Imtrumpat describes hens and under what I may be required to make Immediate payment in full of all amounts I owe under this Notes. Some of those conditions are described as follows: 7Yansfiar of the Prape M or a Beneficial Inlered to Ho nwAr. If all or any part of the or interest in it is add or tnmsfaned (or if a beneficial bum in Borrower Is sold or traadmad and not at natural person), without Leader's prior written consent, Lender rosy. at its option, require immediate payment to fail of all soma seemed by this Security Instrument. However, this option sled] not be murdsed by Lender if mo rdse is prohibited by tbderd law as of the date of this Serorify Iaenetmmt, if T 0=0208 this option. Fender shall give Borrower Hotta of acedisaticn. The notice shall Borrower most all stuns secured by t h is Security Mosumnmc. Borrower fails to prj thaethm auras prior to the mcQiatian of this period. I.ender may invoice any remedies permitted by this Severity Iastmatent without fuumther erotica at demand an Borrower. WnWW THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. i (SeaD PHYLLIS J. MLLMM ?orroarer SSN: 168-60-1891 _ WM1tVwL. HaarNIM JR. SSN: 167-54-8934 (Seal) 41ciam r SSN. (Seal) -Itmrow? SSN: (Sign Orig elf 01*1 4ft-aft 610M A4 WWCD00M-06M f,p2N2 tom, 32M 1Zaa LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street, in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point on said North Bedford Street, said point being 41 feet South of the building line of East Louther Street; thence in an easterly direction, along property of Charles Brown 30 feet to a point, in the northeastern comer of the brick dwelling house now erected on the lot hereby conveyed; thence in an easterly direction along the same 60 feet to an iron pin on line of lot now or late of Mary Dumin; thence in a southerly direction by the same, 21 feet to an iron pin; thence in a westerly direction along property of Wilson E. Lockard 60 feet to an iron pin; thence in a westerly direction by the same, 30 feet to the building line of. said North Bedford Street; thence in a northerly direction along said building line 22 feet to the Place of BEGINNING. TOGETHER with the right of ingress, egress and regress to said Grantees, their heirs and assigns, into, along, over and upon a two (2) foot'wide alley-way located on the adjoining property on the North as set forth in the Deed of Charles Brown to Thomas T. Bell and Abbie S. Duey, said deed being recorded in the Office for the the Recorder of Deeds, in and for said Cumberland County, in Deed Book "S" Volume 8, Page 488. BEING improved with a dwelling house known as 59 North Bedford Street, Carlisle. BEING the same premises which David G. Howard and Shirley L. Howard, by deed dated and recorded even date herewith, granted and conveyed unto Phyllis J. Wallace and Howard L. Manning, Jr., Mc State of Pennsylvania 1 County of Cumberland! 86 Recorded in the office for the recording of Deeds act. i nd fberland County, in Bo Vdl-_ Page tne s y hand al,of offi 1.j11Y Carlisle, P s day ecor r SoolclSvO IACE00i EM& IT h13n VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 14, 2002 A??= Leon P. Haller, Esquire C' G C) P rT-1 f5 uj cf- r, . 1s V N D w bD = z b1J J +? ° o C ' •rl r{ ? - ^ a c? >' p O a x U w MI 0 Y a m d z BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. PHYLLIS J. WALLACE AKA PHYLLIS J. MANNING Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 02-825 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: April 19, 2002 PURCELL,KRUG & HALLER BY / l Leon P! Hally 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 C o (-) 2? -i 1 {.L -O ",C; 3C Cj m N C yp?j t7 -G CASE NO: 2002-00825 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOICATION VS MANNING HOWARD L JR 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 MANNING HOWARD L JR DEFENDANT the at 1050:00 HOURS, on the 26th day of April , 2002 at 59 NORTH BEDFORD STREET CARLISLE. PA 17013 PHYLLIS J WALLACE, SISTER 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ),J e day of a?ro Z A. D. Prothonotary So Answ/ers: R. Thomas Kline 04/29/2002 PURCELL KRUG HALLER By: D utyty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00825 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOICATION VS MANNING HOWARD L JR 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 WALLACE the DEFENDANT , at 1050:00 HOURS, on the 26th day of April , 2002 at 59 NORTH BEDFORD STREET CARLISLE, PA 17013 by handing to PHYLLIS J WALLACE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this IAA day of ,2ftz A. D. 'Prothonotary So Answers: R. Thomas Kline 04/29/2002 PURCELL KRUG HALLER By: ?,-? /) _ L) s---> Deput Sheriff r BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL ACTION IN MORTGAGE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of against Defendants Howard L. Manning, Jr. and Phy; for failure to plead to the above action within ti from date of service of the Complaint, and assess damages as follows: Unpaid principal balance $55, Interest $ 3, (Per diem of $18.25 from 9/1/01 to 3/1/02) Accumulated late charges and Late charges $ ($28.43 per month to 3/02) 5% Attorney's Commission $ 2. LAW - =he Plaintiff and Llis J. Wallace uenty (20) days Plaintiff's 330.79 303.25 227.44 TOTAL $61,628.02** ** Together with additional interest at the per diem rate indicated above from March 1, 2002, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, By T19 North Front St Harrisburg, PA 1710 (717) 234-4178 .D. #15700 N ? n o c., zx z `T !~= -P L~l ~ ? cn BANKONE, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS TRUSTEE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 02-825 CI IL HOWARD L. MANNING, JR. AND CIVIL ACTION -',LAW - PHYLLIS J. WALLACE IN MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE I hereby certify that on May 17, 2002 I served he Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant(s in this matter by regular first class mail, postage prepaid, as ind cated on the attached Notice. PURCELL, KRUG & By eL ray nailer I.D. #15700 ttorney for Plai tiff 1719 North Front treet Harrisburg, PA 1 102 Dated: June 11, 2002 t T 01 -a L +f rn m, z _` cr. ? BANKONE, NATIONAL ASSOCIATION, TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. PHYLLIS J. WALLACE Defendants DATE OF THIS NOTICE: May 17, 2002 TO: HOWARD L. MANNING, JR. 59 NORTH BEDFORD STREET CARLISLE, PA 17013 PHYLLIS J. WALLACE 59 NORTH BEDFORD STREET CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL ACTION LAW IN MORTGAGE FOR THIS LAW FIRM IS A DEBT COLLECTOR AND WE AREA TEMPTING'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 WPUTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR 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 140T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING FFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SER CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PURCELL, I.D. # 15700 1719 N. Front St., (717) 234-4178 PA 17102 G C C . fti C s - m m( i r ff) s.°. BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL CIVIL ACTION- LAW - IN MORTGAGE ORECLOs NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on following judgment has been entered against you captioned matter: $61,628.02 and for the sale and foreclosure located at: 59 North Bedford Street, Carlisle, Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) a addresses are the proper individuals to receive pursuant to PA R.C.P. No. 236: Howard L. Manning, Jr. 59 North Bedford Street Carlisle, PA 17013 Phyllis J. Wallace 59 North Bedford Street Carlisle, PA 17013 f your property 17013 their respective its Notice BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL CIVIL ACTION' 'I- LAW - IN MORTGAGE EORECLOS P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of against Defendants Howard L. Manning, Jr. and Phy for failure to plead to the above action within t from date of service of the Complaint, and assess damages as follows: Unpaid principal balance $55 Interest $ 3 (Per diem of $18.25 from 9/1/01 to 3/1/02) Accumulated late charges and Late charges $ ($28.43 per month to 3/02) 5% Attorney's Commission ?2 the Plaintiff and llis J. Wallace wenty (20) days Plaintiff's ,330.79 ,303.25 227.44 TOTAL $61 628.02** ** Together with additional interest at the per d'em rate indicated above from March 1, 2002, based on the contract r te, and other charges and costs to the date of Sheriff's Sale. PURCELL, By 9 North Front S r Harrisburg, PA 171C2 (717) 234-4178 #15700 BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff Vs. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL CIVIL ACTION ? LAW - IN MORTGAGE F RECLOS PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 19 Shirley Lane, Boiling Springs, PA 1 007 as follows: Amount due pursuant to Judgment $61,628.02 Interest (Per diem of $18.25 from 3/1/02 to 9/4/02) $ 3,412.75 Late Charges at $28.43 (3/02 to 9/02) $ 170.58 Escrow deficit S 319_F7 TOTAL WRIT $65,531.02** ** Together with any additional interest, charg and costs to the date of Sheriffs Sale. By HALLE I.D. #15700 AT Y FOR PLAINTIFF 1719 North Front Street Harrisburg, P 17102 (717) 234-4178 Dated: June 11, 2002 Attached is a description of the real estate. LEGAL DESCRIPTION ALL that certain house and lot of ground situat on the East side of North Bedford Street, in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bound d and described as follows: BEGINNING at a point on said North Bedford Street, said poi. of the building line of East Louther Street; thence in an eas property now or formerly of Charles Brown 30 feet to a point, tl of the brick dwelling house now erected on the lot hereby cc easterly direction along the same 60 feet to an iron pin on line c of Mary Dumin; thence in a southerly direction by the same, thence in a westerly direction along property now or formerly 60 feet to an iron pin; thence in a westerly direction by the building line of said North Bedford Street; thence in a northerl building line 22 feet to the Place of BEGINNING. TOGETHER with the right of ingress, egress and regress to and assigns, into, along, over and upon *a two (2) foot wide all adjoining property on the North as set forth in the Deed of Cha T. Bell and Abbie S. Duey, said deed being recorded in the C of Deeds, in and for said Cumberland County, in Deed Book 488. HAVING THEREON ERECTED A DWELLING KNOWN AS 58 Street, Carlisle, Pennsylvania t being 41 feet South erly direction, along northeastern comer rveyed; thence in an f lot now or formerly 1 feet to an iron pin; f Wilson E. Lockard same, 30 feet to the direction along said l Grantee, her heirs way located on the s Brown to Thomas ;e for the Recorder ", Volume 8, Page Bedford BEING THE SAME PREMISES which David G. Howard an Shirley L. Howard, by Deed dated October 29, 1999 and recor ed November 4, 1999 in Cumberland County Deed Book 211, Page 94 granted and conveyed unto Phyllis J. Wallace and Howard L. M inq, Jr. TO BE SOLD AS THE PROPERTY OF HOWARD L. MANNING,JR. AND PHYLLIS J. WALLACE UNDER JUDGMENT NO. 2002-825 CIVIL TEg' PARCEL NO. 02-21-0320-082 ? :? ? ^ cry " !,? ? ? 1 d a o ` C- n -Li rnf,rl .? V? cam. N ^? y cry WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-825 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff (s) From HOWARD L. MANNING, JR., AND PHYLLIS J. WALLACE, 59 N. BEDFORD ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell "REAL ESTATE LOCATED AT 59 N. BEDFORD ST., CARLISLE PA 17013. (SEE ATTACHED 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 garn shee(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 $61,628.02 L.L. $.50 Interest 3/1/02 - 9/4/02 @ $18.25/DIEM $3,412.75 Atty's Comm % Due Prothy $1.00 Any Paid $104.45 Other Costs ESCROW DEFICIT $319.67 Plaintiff Paid LATE CHARGES @ $28.3 (3/02 - 9/02 $170.58 Date: JUNE 12, 2002 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 C VIL CIVIL ACTION LL LAW - IN MORTGAGE FpRECLOSURE The Plaintiff in the above action, by its at orneys, Purcell, Krug & Haller, sets forth as of the date the prae ipe for the writ of execution was filed, the following information concerning the real property located at 59 North Bedford Street, Carlisle, PA 17013: 1. Name and address of the Owner(s) or Howard L. Manning, Jr. 59 North Bedford Street Carlisle, PA 17013 Phyllis J. Wallace 59 North Bedford Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the different from that listed in (1) above: SAME 3. Name and address of every judgment credi appears of record on the real property to be sold UNKNOWN 4. Name and address of last recorded holder of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person lien on the property: =ed Owner(s): t, if whose judgment of every mortgage has any record 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 Plaintiff has knowledge who has any interest in may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addres reasonably ascertained, the same is indicated.) whom the property which :s could not be 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 authorities. do, L lle PA I.p. rc , Krug & Haller 1719 North Front Street Harrisburg, P 17102 (717) 234-4178 157 DATE: June 11, 2002 c? G Gt J (S w BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants NO. 02-825 CIVIL ACTION IN MORTGAGE TIFF'S SALE PURSUANT TO TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE:WEDNESDAY, SEPTEMBER 4, 2002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 L LAW - estate) will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 59 NORTH BEDFORD STREET, CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and C unty to: 2002-825-CIVIL is. THE NAME(S) OF THE OWNER(S) OR REPUTED of this property PHYLLIS J. WALLACE AND HOWARD L. MANNINO, JR. A SCHEDULE OF DISTRIBUTION, being a list of governmental or corporate entities or agencies be receive part of the proceeds of the sale received disbursed by the Sheriff (for example, to banks t and municipalities that are owed taxes) will be f Sheriff of this County thirty (30) days after the distribution of the proceeds of sale in accordanc schedule will, in fact, be made unless someone ob exceptions to it within ten (10) days of the date Information from the Sheriff at the Courthouse YOUR PROPERTY. about the Schedule of Distribut of the Court of Common Pleas of address specified herein. PAY THE JUDGMENT. You may have legal rights to prevent your pri taken away. A lawyer can advise you more specifi rights. If you wish to exercise your rights, YOU PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT 1 FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 the persons and/or 'ng entitled to and to be at hold mortgages 'led by the sale and with this ects by filing it is filed. may be obtained within County )perty from being ally of these MUST ACT ONCE. GO TO OR HERE YOU CAN GET THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court o the within County to open the judgment if you have defense against the person or company that has enl against you. You may also file an petition with you are aware of a legal defect in the obligation used against you. E Common Pleas of a meritorious :ered judgment :he same Court if or the procedure 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other prope cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED iS DELIVERED. 3. A petition or petitions raising the lega mentioned in the preceding paragraphs must be pre; Court of Common Pleas of the within County. The e served on the attorney for the creditor or on the presentation to the court and a proposed order or attached to the petition. issues or rights ented to the etition must be creditor before rule must be If a specific return date is desired,, such d to must be obtained from the Court Administrator's ofice - ivil Division, of the within County Courthouse, before a presentati n of the petition to the Court. A copy of the Writ of Execution is attached PURCELL, KRUG & HAL ER Attorneys for Plai iff 1719 North Front St eet Harrisburg, PA 1710 (717) 234-4178 LEGAL DESCRIPTION ALL that certain house and lot of ground sit of North Bedford Street, in the Borough of C Cumberland and State of Pennsylvania, and bo follows: BEGINNING at a point on said North Bedford Street, said po of the building line of East Louther Street; thence in an ea. property now or formerly of Charles Brown 30 feet to a point, t of the brick dwelling house now erected on the lot hereby o easterly direction along the same 60 feet to an iron pin on line of Mary Durnin; thence in a southerly direction by the same, thence in a westerly direction along property now or formerly 60 feet to an iron pin; thence in a westerly direction by the building line of said North Bedford Street; thence in a norther building line 22 feet to the Place of BEGINNING. TOGETHER with the right of ingress, egress and regress to and assigns, into, along, over and upon a two (2) foot wide all adjoining property on the North as set forth in the Deed of Cha T. Bell and Abbie S. Duey, said deed being recorded in the 0 of Deeds, in and for said Cumberland County, in Deed Book 488. HAVING THEREON ERECTED A DWELLING KNOWN AS 58 Street, Carlisle, Pennsylvania on the East side sle, County of d and described as it being 41 feet South erly direction, along e northeastern corner ;rveyed; thence in an f lot now or formerly 1 feet to an iron pin; if Wilson E. Lockard same, 30 feet to the r direction along said Grantee, her heirs vay located on the Brown to Thomas for the Recorder Volume 8, Page Bedford BEING THE SAME PREMISES which David G. Howard d Shirley L. Howard, by Deed dated October 29, 1999 and reco ded November 4, 1999 in Cumberland County Deed Book 211, Page 9 , granted and conveyed unto Phyllis J. Wallace and Howard L. aMing, Jr. TO BE SOLD AS THE PROPERTY OF HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE UNDER JUDGMENT NO. 2002-825 CIVIL TE PARCEL NO. 02-21-0320-082 r- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-8:25 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE, NATINAL ASSOCIATION TRUSTEE Plaintiff (s) From HOWARD L. MANNING, JR. and PHYLLIS J. WALLACE, 59 N. BEDFORD ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell AL ESTATE LOCATED AT 59 N. BEDFORD ST.,, CARLISLE PA 17013 (SEE ATTACHED 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 garn shee(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 $61,628.02 L.L. $.50 Interest 3/1/02 - 9/4/02 @ $18.25/diem $3,412.75 Atty's Comm % Due Prothy $1.00 Arty Paid $119.45 Other Costs ESCROW D FICIT $319.67 Plaintiff Paid LATE CHARGES @ $28. 3 (3/02-9/02) $170.58 Date: JUNE 12, 2002 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 Bankone, National Association In The Court of Common Pleas of Trustee Cumberland County, Pennsylvania VS Writ No. 2002-825 Civil Term Howard L. Manning, Jr. and Phyllis J. Wallace R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon P. Haller. Sheriff's Costs Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 3.45 Levy 15.00 Poundage 1.60 $ 81.55 paid by attorney 07/03/02 Sworn and subscribed to before me So Answers: This 16 w day of e?a R. Thomas Kline, heriff 2002, A.D. BYJOC - Prothonotary Real Estate Deputy t 1 p thS.? a`IT Real Estate Sale # 77 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in The Borough of Carlisle, Cumberland County, PA known and numbered as 59 North Bedford Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 BysJo d,)? S,%KV- A Real Estate Deputy % "'3d JAI Nn? Alks: ?,ii;u BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL HOWARD L. MANNING, JR. AND CIVIL ACTION - LAW - PHYLLIS J. WALLACE IN MORTGAGE FORECLOSURE Defendants PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 19 Shirley Lane, Boiling Springs, PA 17007 as follows: Amount due pursuant to Judgment $61,628.02 Interest (Per diem of $18.25 from 3/1/02 to 12/4/02) $ 5,076.23 Late Charges at $28.43 (3/02 to 12/02) $ 255.87 Escrow deficit $ 258.86 TOTAL WRIT $67,218.98** ** Together with any additional interest, charge an osts to the date of Sheriffs Sale. Dated: September 10, 2002 By P. HALLER I.D. #15700 ATTORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attached is a description of the real estate. n ?t a p TO C se'e fit. LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street, in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bounded and described as follows: BEGINNING at a point on said North Bedford Street, said point being 41 feet South of the building line of East Louther Street; thence in an easterly direction, along property now or formerly of Charles Brown 30 feet to a point, the northeastern comer of the brick dwelling house now erected on the lot hereby conveyed; thence in an easterly direction along the same 60 feet to an iron pin on line of lot now or formerly of Mary Dumin; thence in a southerly direction by the same, 21 feet to an iron pin; thence in a westerly direction along property now or formerly of Wilson E. Lockard 60 feet to an iron pin; thence in a westerly direction by the same, 30 feet to the building line of said North Bedford Street; thence in a northerly direction along said building line 22 feet to the Place of BEGINNING. TOGETHER with the right of ingress, egress and regress to said Grantee, her heirs and assigns, into, along, over and upon'a two (2) foot wide alley-way located on the adjoining property on the North as set forth in the Deed of Charles Brown to Thomas T. Bell and Abbie S. Duey, said deed being recorded in the Office for the Recorder of Deeds, in and for said Cumberland County, in Deed Book "S", Volume 8, Page 488. HAVING THEREON ERECTED A DWELLING KNOWN AS 58 North Bedford Street, Carlisle, Pennsylvania BEING THE SAME PREMISES which David G. Howard and Shirley L. Howard, by Deed dated October 29, 1999 and recorded November 4, 1999 in Cumberland County Deed Book 211, Page 94, granted and conveyed unto Phyllis J. Wallace and Howard L. Manning, Jr. TO BE SOLD AS THE PROPERTY OF HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE UNDER JUDGMENT NO. 2002-825 CIVIL TERM PARCEL NO. 02-21-0320-082 BANKONE, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS TRUSTEE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 02-825 CIVIL HOWARD L. MANNING, JR. AND CIVIL ACTION - LAW - PHYLLIS J. WALLACE IN MORTGAGE FORECLOSURE Defendants NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN 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 : bef re me this /0 day : of -SZP YlbCt- 20 D?\ ??I>rC ?(1??LLC?2 Nota Public LEON-P. HALLER, ESQUI 3TARIAL SEAL GLASS, Notary Public ',arrisourg Dauphin County nnnission Expires May 12, 2003 NOTARIAL SEAL ANGELA J. GLASS, Notary Public City of Harrisburg Dauphin County My Commission Expires May 12, 2003 ? ?:.? c ?:a ?, :?, rnr- ? 1 ?;: .t --(?? ? J «J { BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 59 North Bedford Street, Carlisle, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Howard L. Manning, Jr. 59 North Bedford Street Carlisle, PA 17013 Phyllis J. Wallace 59 North Bedford Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: ?-J 1-. 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 0):P;"Key, 1 I 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover 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 subject to the penalties of 18 PA C.S. Section 4904 relating sworn falsification to authorities. ;%I Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 700 DATE: September 10, 2002 - C n :n 1 ?i BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE:WEDNESDAY, DECEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 59 NORTH BEDFORD STREET, CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-825-CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property PHYLLIS J. WALLACE AND HOWARD L. MANNING, JR. 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 YOII 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 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file 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 Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFFS 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 Administrators Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street, in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bounded and described as follows: BEGINNING at a point on said North Bedford Street, said point being 41 feet South of the building line of East Louther Street; thence in an easterly direction, along property now or formerly of Charles Brown 30 feet to a point, the northeastern corner of the brick dwelling house now erected on the lot hereby conveyed; thence in an easterly direction along the same 60 feet to an iron pin on line of lot now or formerly of Mary Dumin; thence in a southerly direction by the same, 21 feet to an iron pin; thence in a westerly direction along property now or formerly of Wilson E. Lockard 60 feet to an iron pin; thence in a westerly direction by the same, 30 feet to the building line of said North Bedford Street; thence in a northerly direction along said building line 22 feet to the Place of BEGINNING. TOGETHER with the right of ingress, egress and regress to said Grantee, her heirs and assigns, into, along, over and upon'a two (2) foot wide alley-way located on the adjoining property on the North as set forth in the Deed of Charles Brown to Thomas T. Bell and Abbie S. Duey, said deed being recorded in the Office for the Recorder of Deeds, in and for said Cumberland County, in Deed Book "S", Volume 8, Page 488. HAVING THEREON ERECTED A DWELLING KNOWN AS 58 North Bedford Street, Carlisle, Pennsylvania BEING THE SAME PREMISES which David G. Howard and Shirley L. Howard, by Deed dated October 29, 1999 and recorded November 4, 1999 in Cumberland County Deed Book 211, Page 94, granted and conveyed unto Phyllis J. Wallace and Howard L. Manning, Jr. TO BE SOLD AS THE PROPERTY OF HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE UNDER JUDGMENT NO. 2002-825 CIVIL TERM PARCEL NO. 02-21-0320-082 n c? ? %(. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-825 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff (s) From HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED 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$61,628.02 L.L. Interest (PER DIEM OF $18.25 FROM 3/1/02 TO 12/4/02) $5,076.23 Late charges at $28.43 (3/02 to 12/02) $255.87 Arty's Comm % Due Prothy $1.00 Arty Paid $213.50 Other CostsEscrow deficit $258.86 Plaintiff Paid Date: September 10, 2002 Together with any additional interest, charges and costs to the date of Sheriff's Sale. CURTIS R. LONG Prothonotary (Seal) By: K.(?l",GL Li Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-2344178 Supreme Court ID No. 15700 BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 9 - 17-Z%Z , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Howard L. Manning, Jr. 59 North Bedford Street Carlisle, PA 17013 Phyllis J. Wallace 59 North Bedford Street Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 By PU , KRUG & HALLHK Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PUR CELL, KR UG A ND HA LLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LEON P. HALLER JOHN W. PURCELL JR. BRIAN J. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Howard L. Manning, Jr. 59 North Bedford Street Carlisle, PA 17013 Phyllis J. Wallace 59 North Bedford Street Carlisle, PA 17013 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 JOSEPH NISSLEY(1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens 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 issued out of the Court 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 will be divested by the sale and tha you have an opportunity to protect your interest, if any g notified of said Sheriff's Sale. By: PA I.D.15700 torney for Plaintiff BANKONE, NATIONAL ASSOCIATION TRUSTEE Plaintiff VS. HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-825 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RIILE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE:WEDNESDAY, DECEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissi-oner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 59 NORTH BEDFORD STREET, CARLISLE, PA 17013 THE sold docketG ed in uner or the within pursuant Commonwealth and u County property to: is being 2002-825-CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property PHYLLIS J. WALLACE AND HOWARD L. MANNING, JR. 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 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file 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 Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other 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. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street, in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, and bounded and described as follows: BEGINNING at a point on said North Bedford Street, said point being 41 feet South of the building line of East Louther Street; thence in an easterly direction, along property now or formerly of Charles Brown 30 feet to a point, the northeastern comer of the brick dwelling house now erected on the lot hereby conveyed; thence in an easterly direction along the same 60 feet to an iron pin on line of lot now or formerly of Mary Durnin; thence in a southerly direction by the same, 21 feet to an iron pin; thence in a westerly direction along property now or formerly of Wilson E. Lockard 60 feet to an iron pin; thence in a westerly direction by the same, 30 feet to the building line ofsaid North Bedford Street; thence in a northerly direction along said building line 22 feet to the Place of BEGINNING. TOGETHER with the right oLingress, egress and regress to said Grantee, her heirs and assigns, into, along, over and upon a two (2) foot wide alley-way located on the adjoining property on the North as set forth in the Deed of Charles Brown to Thomas T. Bell and Abbie S. Duey, said deed being recorded in the Office for the Recorder of Deeds, in and for said Cumberland County, in Deed Book "S", Volume 8, Page 488. HAVING THEREON ERECTED A DWELLING KNOWN AS 59 North Bedford Street, Carlisle, Pennsylvania BEING THE SAME PREMISES which David G. Howard and Shirley L. Howard, by Deed dated October 29, 1999 and recorded November 4, 1999 in Cumberland County Deed Book 211, Page 94, granted and conveyed unto Phyllis J. Wallace and Howard L. Manning, Jr. TO BE SOLD AS THE PROPERTY OF HOWARD L. MANNING, JR. AND PHYLLIS `T- WALLACE UNDER JUDGMENT NO. 2002-825 CIVIL TERM PARCEL NO. 02-21-0320-082 Homecomings v. Manning Cumberland County sale 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Howard L. Manning, Jr. 59 North Bedford Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Phyllis J. Wallace 59 North Bedford Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Postage: k -- --._: f a5? fEOF? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bankone N A Tr is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 10th day of Sent, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 825, at the suit of Bankone N A Tr against Howard L Mannin Jr & Ph llis J Wallace is duly recorded in Sheriff's Deed Book No. 255, Page 1249. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of .4 A.D. 200 Recorder of Deeds lleoo?dw:10atk 0m N Isb 0 -1 PA My ConnrNkn Et?N?s tl» tiM Mo d Jrt f 00? Bankone, National Association Trustee In The Court of Common Pleas of VS Cumberland County, Pennsylvania Howard L. Manning, Jr. and Writ No. 2002-825 Civil Term Phyllis J. Wallace Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2002 at 8:43 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Howard L. Manning, Jr., by making known unto Al Matthews, adult in charge of defendant's residence, at 59 North Bedford St., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2002 at 8:43 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Phyllis J. Wallace, by making known unto Al Matthews, adult in charge of defendant's residence, at 59 North Bedford St., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2002 at 8:38 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Howard L. Manning, Jr. and Phyllis J. Wallace located at 59 North Bedford Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Howard L. Manning, Jr., by regular mail to his last known address of 59 North Bedford St., Carlisle, PA 17013. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Phyllis J. Wallace, by regular mail to her last known address of 59 North Bedford St., Carlisle, PA 17013. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Bankone, National Association, Trustee. It being the highest bid and best price received for the same, Bankone, National Association, Trustee of 9275 Sky Park Court, Suite 300, San Diego, CA 92123, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $900.58, it being costs. Sheriffs Costs: Docketing 30.00 Poundage 17.66 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 6.90 Certified Mail 2.07 Levy 15.00 Surcharge 30.00 Law Journal 367.70 Patriot News 270.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $900.58 Sworn and Subscribed to Before Me So Answers: This ,a A% Day of R. Thomas Kline, Sheriff 2003, A.D. lop P othonotary Real Esta eputy LnJ ?. ?? U v bk- 39.2Y3 III . 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 (Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The 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 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. - PUBLICATION .. : ..................... ... ....................... COPY j .. ^ Sworn to and subscribed before?rfle-ttt)s 14th da If Nover er 2002 A.D. S A L E #31 REAL ESTATE SALE No. 31 l Seal Terry L. , Notary Public i , Writ No. 2002-825 Civil Term city of Dauphin County NOTARY PUBLIC My pires June 6, 2006 6ankone, National Association, Trustee M commission ex ires June 6, 2006 Member. Pennsylvania ssociation of Notaries y p vs Howard L. Manning, Jr. CUM BERLAND COUNTY SHERIFFS OFFICE And Phyllis J. Wallace CUMBERLAND COUNTY COURTHOUSE Atty: Leon P. Haller LEGAL DESCRIPTION CARLISLE, PA. 17013 ALL that certain house and lot of ground situate on the East side of North Bedford Statement of Advertising Costs Street, in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, To THE PATRIOT-NEWS CO., Dr. and bounded and described as follows: For publishing the notice or publication attached BEGINNING at a point on said North Bedford Street, said point being 41 feet hereto on the above stated dates $ 268.80 South of the building line of East Louther Probating same Notary Fee(s) $ 1.75 Street; thence in an easterly direction, along Total $ 270.55 property now or formerly of Charles Brown 30 feet to a point, the north- eastern comer of the brick dwelling house now erected on Publisher's Receipt for Advertising Cost The Patriot News Co ., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... the lot hereby conveyed; thence in an easterly direction along the same 60 feet to an iron pin on line of lot now or formerly of Mary Dumin; thence in a southerly direction by the same, 21 feet to an iron pin; thence in a westerly direction along property now or formerly of Wilson E. Lockard 60 feet to an iron pin; thence in a westerly direction by the same, 30 feet to the building line of said North Bedford Street; thence in a northerly direction along said building line 22 feet to the Place of BEGINNING. TOGETHER with the right of ingress, egress and regress to said Grantee, her heirs and assigns, into, along, over and upon a two (2) foot wide alley-way located on the adjoining property on the North as set forth in the Deed of Charles Brown to Thomas T. Bell and Abbie S. Duey, said deed being recorded in the Office for the Recorder of Deeds, in and for said Cumberland' County, in Deed Book "S", Volume 8, Page 488. HAVING THEREON ERECTED A DWELLING KNOWN AS 59 North Bedford Street, Carlisle, Pennsylvania. BEING THE SAME PREMISES which David G. Howard and Shirley L. Howard, by Deed dated. October 29, 1999 and recorded November 4, 1999 in Cumberland County Deed Book 211, Page 94, granted and conveyed unto Phyllis J. Wallace and Howard L. Manning, Jr. TO BE SOLD AS the property of Howard L. Manning, Jr. And Phyllis J. Wallace under Judgment No. 2002-825 Civil Term. Parcel #02-21-0320-082. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 31 Writ No. 2002-825 Civil Bankone, National Association, Trustee vs. Howard L. Manning, Jr. and Phyllis J. Wallace Atty.: Leon P. Haller LEGAL DESCRIPTION ALL that certain house and lot of ground situate on the East side of North Bedford Street, in the Bor- ough of Carlisle, County of Cumber- land and State of Pennsylvania, and bounded and described as follows: BEGINNING at a point on said North Bedford Street, said point being 41 feet South of the building line of East Louther Street; thence in an easterly direction, along prop- erty now or formerly of Charles Brown 30 feet to a point, the north- eastern corner of the brick dwell- ing house now erected on the lot C/ Rog r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 1q0T,AR.1AL SEAL LM E, "L Ikk ?l trr fl i4?l , e rLfhWAe? hereby conveyed; diencce in an east- erly direction along the same 60 feet to an iron pin on line of lot now or formerly of Mary Durnin; thence in a southerly direction by the same, 21 feet to an iron pin; thence in a westerly direction along property now or formerly of Wilson E. Lockard 60 feet to an iron pin; thence in a westerly direction by the same, 30 feet to the building line of said North Bedford Street; thence in a north- erly direction along said building line 22 feet to the Place of BEGINNING. TOGETHER with the right of in- gress, egress and regress to said Grantee, her heirs and assigns, into, along, over and upon a two (2) foot wide alley-way located on the ad- joining property on the North as set forth in the Deed of Charles Brown to Thomas T. Bell and Abbie S. Duey, said deed being recorded in the Office for the Recorder of Deeds, in and for said Cumberland County, in Deed Book "S", Volume 8, Page 485. HAVING THEREON ERECTED A DWELLING KNOWN AS 59 North Bedford Street, Carlisle, Pennsylva- nia. BEING THE SAME PREMISES which David G. Howard and Shirley L. Howard, by Deed dated October 29. 1999 and recorded November 4, 1999 in Cumberland County Deed Book 211, Page 94, granted and conveyed unto Phyllis J. Wallace and Howard L. Manning, Jr. TO BE SOLD AS THE PROPER- TY OF HOWARD L. MANNING, JR. AND PHYLLIS J. WALLACE UNDER JUDGMENT NO. 2002-825 CIVIL TERM. PARCEL NO. 02-21-0320-082. G