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Home My WebLink About05-4618 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Hanishurg, P A 171 02 717.234.4 178 mtg(<t)pkh.com Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UMLlC VP LLC VS. CIVIL ACTION - LAW Defendant(s) ACTION OF MORTGAGE FORECLOSURE o ~ - lIr-tcf C;u; L '----T-rvu; WILLIAM R. STONER 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. Nonc E 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 tiling 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 reliefrequested by the Plaintiff. You may lose money or property or other rights important to YOll. 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 OFF1CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. .~; CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717.249.3166 A V I SO 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 A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRlTA, EL PU~TO 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 L!STED 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. I.LEVF ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LA WYER REFERENCE SERVICE" (SERVICIO DE REFERENClA DE AI30GADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMLIC VP LLC, vs. WILLIAM R. STONER, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 US.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 di fferent from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff UMLlC VP LLC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. {)'f - 'fG I f CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE WILLIAM R. STONER, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is UMLlC VP LLC, a corporation / national association whose address is POB 471827 CHARLOTTE, NC 28247 . 2. Defendant, is WILLIAM R. STONER, an adult individual whose last known address is 112 BRIAN DRIVE ENOLA, P A 17025. 3. On or about, March 26, 1998, the said Defendant(s) executed and delivered a Mortgage Note in the sum of $35,000.00 payable to FIRSTPLUS BANK, A CALIFORNIA CORPORA nON, the said Defendant executed and delivered a Mortgage Note in the sum of $35,000.00 payable to FIRSTPLUS BANK, A CALIFORNIA CORPORATION, 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, Defendant made, executed, and delivered to original Mortgagee, a certain rcal cstate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1480, Page 4898, conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to UMLlC VP LLC was recorded in the aforesaid County in Mortgage Book 687, Page 4898. Said Mortgage and Assignment are incorporated herein by rcference. 5. The land subject to the Mortgage is: 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 and is morc particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on December 07, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $34,687.58 Interest at $15.89 per day From Ill07/2000 To 8/07/2005 ( based on contract rate of 16.4900%) $27,616.98 Accumulated Late Charges $1,100.00 Escrow Balance (Deficit) $400.00 $1,734.38 Attorney's Fee at 5% of Principal Balance TOTAL $65,538.94 **Together with interest at the per diem rate noted above after August 07, 2004 and other charges and costs to date of Sheriffs 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 ofa third party purchaser at Sheriffs 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. Plaintiffhas complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". I O. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 16.4900% ($15.89 per diem), together with other charges and costs including escrow advances incidental thereto to the dat Sheriffs Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HA LER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 171 02 (717-234-4178) . . lliQTIJ MARCH 26, 1998 TUSTIN CA DIlII!' Cil." STair 112 BRIAN DRIVE ENOLA PENNSYLVANIA 17025 Propr-rryAdrlrl'SS City Srmc ZlPCode I. RORROWER'S PROMISE TO PAY In return for a loan thaI I have received. I promise 10 pay U,S. S 35,000.00 "principal"), plus imerest, to the order of the Lender. The Lender is FIR3TPLUQ Dank, A CALlf=QRN1A CORPORATION (this amoullt will be called . I understand that the Lender may transfer Ihis Note. The Lender or anyone who takes this NOle by mmsfcr and who is cmitlcd to receive pnymcnts under tbis NOlt: will be called the "Note Holder." 2. JNTEREST I will pay interest at a yearly rale of 16.490 %. Interest will be charged on unpaid principal until the full amOlml of principal has been p<lid. 3. PAYMENTS I will p'lY JlriTldp~l :Inn iml':rest hy makine payments each month of U.S. $ 489.11 I will make my payments on the 30TH UilY of each month beginning on APRIL 30 1998 I will make these payments every month until I have pllid all of Ihe prilldpal and illlerest and any OIher charges. described below, thml may owe under this Note. If, on MARCH 3D, 2023 I still owe alnounts under this Note, I will puy all those amounts, in full, on that date. I will tnake my monthly payments al 18302 IRVINE BOULEVARD. TUSTIN, CA 92780 or m a different pl<u::e if required by the NOle Holder 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge ror Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by th~ end of calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of 10.000 % of my overdue payment. but nOlless than U.S. $ NfA U.S. $ 20.00 . I will pay this late charge only once on any late paymen!. (8) Default If I do not pay the full al1lOUnl of each monthly paymem by the date Slated in SeClion 3 above, I will be in default. Even if. at a time when I am in default, the Note Holder does 1101 require me to pay immediiltcly in full as described below, the Note Holder will still have the rigbt to do so if I am in default.it a later time. (C) Notice from Note Holder If J am in default, tbe Note Holder may send me a written I\{llice Ielling me tltal if I do nor pay the overdue amount by a cenain date the Note Holder may tequire me to pay immediately Ihe full amount of principal which has 1101 been paid and all the interest that I owe on thaI amount. That date must be at least 30 days after the date on which the notice is mailed to mc or, if il is not mailed. 30 days after the date on which it is delivered to me. (0) Payment of Note Holder's Costs and Expenses If the Note Holder has required me 10 pay imlllcdiately in I'ull as described ahove. the Note Uolder will have the right to be paid back fOr ils costs and expenses 10 the eXlCm not prohibiteJ by applicable law. Those cKpenscs include. for example, reasonable attomcys' Fees. " the charge will be and not more than 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protcctions given to the Note Holder under Ihis Note, a Mortgage. tl.ucU MARCH 26,1998 . protects the NOle Holder from possible los_'\Cs whieh might result if I do not kct:p the promises which I make in this Note. That Mortgage describes how omd under what condlllons I may be requHCt1 to make immediate payment in full of all amounls that J owe under Ihis Note. PENNSYLVANIA. SECOND MORTGAGE. 1180 . FNMAlFHlMC UNIFORM INSTRUMENT Form 3939 ~75(PA)(a9031.02 POgelol2 V"'l~ MORTGAGE FORMS . leOOI~21.1291 · \, A fw"., j- {1 I, LOAN NO.R9803196021-MA 6. RORROWER'S PA YMENTS nEFORE THE\' ARE HUE I have the right 10 make payments of principal at allY lime hefore they are due. ^ payment or prim;ip..ll 0111y is known .l.~ a "prepaymem." When I make a prepayment, I willtelllhe Note Holder in a 1cner th:1t I am d\)ill.!! ~O, A prepaymenl or all of the unpaid principal is known al> a "full prepayment:' A prcpaymem of only part or lhe unpaid principal is known as a "panial prepayment." I may m..1ke a full prepayment or a partial prepaymelll wilhout paying any penallY. The Note Holder will ilse all of my prepayments to rcJuce the amount of principal thm I owe under this Note. If I make <l parlial prepaymellt. there will he no del<lYs in the due dates or changes in the :lIlIOUIIlS of my monthly paymenls unless the Note I-Iolder agrees in writing to 1huse delays or changes. ] may make a full prepayment al :UIY time. If I choose 10 make it pani:1I prepayment, the Note Holder may require me to make the prepayment on Ihe same U:lY thilt one {,I' my momhly paY1Tlel1l~ is due, Tht: Notl:: Holder 11l:l}' al~o require Ihat Ihe amOUnt of illY panial pn:paymellt be cqualtll Ihe illllOlllll {If principal thar woulu have heen p.lTI of my neXl one or more monthly payments. 7. BORROWER'S WAIVF.R'" I waive my righls to require lhe Note Holder w do ccnllin things. Those things arc: tAl to demand payment 01' ,llllUUnlS due (known as "presentment"); (6) to give notice thai illTlOUmS dUl:: have nOI been paid (knO\....n a~ "notice of dishonor"); (0 to obtain an official ceniftcarion of noopaymem (known as:1 "pwtest"). Anyone else who agrees to keep the promises made in this Note, or who agrees 10 make payments 10 the NOle Holder if [ fail to keep my promises under this Note, or who signs this Note 10 transfer il to someone else also waives these rights. These persons arc known as "guarantors, sureties and endorsers." 8. GIVlNG OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing il by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed (0 me at il differem address if I give the Nole Holder a notice of my different address. Any notice that must be given 10 the Note Holder under Ihis NOll: will be given by mailing i! by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed \0 the Note Holder at a dift"erent address if I am given a notice of that different address. 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay Ihe full amount owed and to keep all of the promises made in this Note. Any guarantor, surely, or endorser of Ihis Note (as described in Section 7 above) is also obligated [Q do these things. The Note Holder may enforce its rights under Ihis Note againsl e<leh of us individually or against all of us togelher. This me...ms that anyone of us may he rt:4uirt:u to pay all of tlte amounts owed under tllis NOle. Any person who lakes over my rigllls or obligations unuer this Note will have all of my rights :LOU musl keep all 01" my promises made in this Note. Any person who ti'lkes over the rights or ubligmions of a guar;lI\lor. sllrety, or endorser of this NOle (as described in Section 7 above) is also obligated 10 keep all or the promises made in Ihis Note. . . A'I' ,/, "_"~ A;:'L.L'(]7C .'....~_ . ;v:;.(-Jeu., {)J',,_-, /1 ; 1./1 i~'- rt--(:~ WILLIAM R. STONER . I ilL ._____~ (Seal) .Born"'.cr (Se.al) -RQrrow~r .~_ (Seal) -Borrowcr (Seal) .Burrower (Sign Origiflal Ollly) ~75'PA)la9031.02 P"OM2cI2 Form 3939 -. ''}to J . . LEGAL DESCRIPTION OF PROPERTY ... .(:.: . All thal cenain unit ili'lIie prilpetty.known. nlllrled and identiticcl in !be Declaration Plan, reterred lO helow "', Westwood Village condominiurj.localed in East Pennsboro Township. Cumberland i:o'unlY. Commonweallh of Pennsylvania; Being deSignated on said Declaration Plan ofWestlloUod Village Condominium ~s Unit Nil. 112. L7f3 in Block #2, a~lding: #4. as No.1 12 Brian Drive, Eoola.. PenJll5ylvania; an'! lIlore fully de,crihed in the doc:umelll au&cbed beRto.' :. . "/.J I. f ~W,&i'" U ACT 6/9 1 NOT ICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE able to help save your home. works. ASSISTANCE PROGRAM (HEMAP) may be This Notice explains how the program To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Certified Article Number Certified Article Number 7160 3901 9848 4690 4863 7160 3901 9848 4690 4856 SENDERS RECORD - 1 - SENDERS RECORD WILLIAM R. STONER 112 BRIAN DRNE ENOLA, P A 17025 - t '1 " ~,;".rC WILLIAM R. STONER PO BOX 396 HARRISBURG,PA 17108 Date: January 4, 2005 To: WILLIAM R. STONER 112 BRIAN DRIVE ENOLA, PA 17025 WILLIAM R. STONER PO BOX 396 HARRISBURG, PA 17108 Re: Loan No. Property: 30232270 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 CURRENT LENDER/SERVICER: UNITED MORTGAGE AND LOAN INVESTMENT, LLC PO BOX 471827 Charlotte,NC 28247 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL · IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MOST OCCUR WITHIN THE NEXT (30) DAYS. - I~ YOU DO NOT APPLY ~OR EMERGENCY ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. - 2 - CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) . If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) - 3 - HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above creditor on your property located at: 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Delinquent payments From 12/07/2000 to 12/07/2004 Payments due during cure period Accrued Late Charges Advances Total amount due 49 -@ $489.11 $23,966.39 $489.11 $940.00 $266.50 $25,662.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: UNITED MORTGAGE AND LOAN INVESTMENT, LLC PO BOX 471827 Charlotte, NC 28247 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default with~n THIRTY (30) DAYS of the date of this Notice, the creditor intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due ~s not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. - 4 - , IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you wlll still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If rou cure the default within the THIRTY (30) DAY period, you will no be requlrea to pay attorney's tees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and revent the sale at an tlme u to one hour e ore e erl s a e. ou may 0 so y paYlng e 0 a amount plus any late or other charges then due, reasonable attorne 's tees and costs connected Wlth the toreClosure sale and an 0 er cos s connec e Wl e erl s a e an per ormlng any 0 er requlremen s un er e mor gage. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX months from the date of this Notice. A notice of the actual aaEe of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER UNITED MORTGAGE AND LOAN INVESTMENT, LLC PO BOX 471827 Charlotte, NC 28247 (800)333-5283 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property: - 5 - YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) - 6 - CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-5925 FAX# (717) 334-8326 '~~<!. I 3-' :,-'-,";c' GO:Jd'''' ~-'~'c.- ;;-~. ..\", . 1.,( bVO(j 006"0(:;'$ Ii dQ371~W ~4<'" c: '. t.~" ~ ,~ {;:41 ~ of.. J'.-$' .:J. <&'0 ....f'..... dS31..... 801L1 Vd 'DR88SIHBVR 96E X08 Od H3NO~S 'H WVI~~IM :)[.:reW:(SOd d_..'~"'_'~""'.A_._._~..._.,,~..~............ ....__......____..___..______________.____.___. 1!l:llN Jl:lUO!IEUJStul JOj asn 10N 00 pap!^OJd e6BHMo:) eouBJnsUj ON Hew pallluaO JOJ Jd!aOaH S1':OL1 Vd '\i'10N3 3AIHG NiiIH8 1':11 H3NO~S 'H WVI~~IM a::>!N9S IElSOd sn S89.:11' 9681SOd l8IO.1 A.l9AlIea P8W{.QS81::1 99:1 td!9oel::l UJrll81:1 ... pO!lllJO:J ~i~~~:>4 passa.:rppe 1Tew ^-:H?UTP.:ro ;):0 a:::laTd auo o6o,SOd N~n.L3~ OODa 8UOr OOSE WJo,:j Sd Hd'I 's 1e:(sOd ~:(TM a:::lueT1dWO:::l UI) ew ;):0 a:(e:::lT;):T:(.:ra~ xas 1e:(SOd 'S 'n 'IV 170-00Z61:JLUoon :30N3Y3.::13Y :Y30N3S IT:(ON 16/9 :(:::lV N3W~S3ANI NiiO~ C!Nii 3DVD~HOW G3~INfl :aH 80ILI Vd'D"lI!18SImlVR 96f X08 Od "llHNOl.S '~.wvr'I'IIA\ :0.1 .?-'~ 9S~~ Ob9~ ~~~b tObE 09t~ COMPANY NAME: UMLIC VP LLC VERI FICA nON I verify that the statements made in the foregoing Complaint are true and correct. 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. Dated 9 /z ?-/O~/ '- By /~~g-~ ./ /" L Title ftJTecdscJre fa.8lilz-for ;0 0 ~ 1- -::::: -- ----- ~ ~ c; c;,; ~ ~ ~ UI V( Vf ()' --cJ r ~ +- '---< r-.> C) ,--~} ~n ~;~ .-\ (I ::r;21 \.: ~~, \:'~-~ 1:0 ~..,-", -- (~': <',J c~) ~ c', c~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04618 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UMLIC VP LLC VS STONER WILLIAM R ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONER WILLIAM R the DEFENDANT at 1655:00 HOURS, on the 19th day of September, 2005 at 112 BRIAN DRIVE ENOLA, PA 17025 by handing to WILLIAM R STONER 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 24.00 .00 10.00 .00 52.00 r'g6~,#~ R. Thomas Kline 09/21/2005 PURCELL KRUG HALLER Sworn and Subscribed to before me this ~ day of ~k.t. A.D. C/~ ---'-~_ Pro . - ar'll B~ 1- ;:-C:*ii l<+ \: Deputy Sneriff SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-04618 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UMLIC VP LLC VS STONER WILLIAM R R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: TENANT/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 , TENANT/OCCUPANT 112 BRIAN DRIVE ENOLA, PA 17025 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 S~~<~:=~::=7 R. Thomas Klin~ Sheriff of Cumberland County PURCELL KRUG HALLER 09/21/2005 Sworn and subscribed to before me Prothonotary this ~ 0 J-oO.) A.D. Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Hani sburg, PAl 71 02 717.234.4178 mtg@pkh.com Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UMLIC VP LLC vs. CIVIL ACTION - LAW WILLIAM R. STONER ACTION OF MORTGAGE FORECLOSURE OS; - ),/4./1 C~~L ~~ 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. Defendant( s) NOTICE YOll 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. Yau 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 111 the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights imp01iant 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, P A 17013 717-249-3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. Sl DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUT AMENTE NECESSARlO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVlDO CON ESTA DEMAND A Y AVISO. PARA DEFENDERSE ES NECESSARlO 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 DEMAND ANTE 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 "LA WYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 TRUE COpy FROM RECORD In Testimony whereof. I hllf'e unto set my hand ~ ~m..w It --. Po ",-rh/9 ~ay ~ ~~ y, i~r;- ~ onota'Y Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMLlC VP LLC, vs. WILLIAM R. STONER, CNIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 AttorneyLD.# 15700 Attorney for Plaintiff UMLlC VP LLC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION - LAW WILLIAM R. STONER, ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is UMLlC VP LLC, a corporation / national association whose address is POB 471827 CHARLOTTE, NC 28247. 2. Defendant, is WILLIAM R. STONER, an adnlt individual whose last known address is 112 BRIAN ORNE ENOLA, P A 17025. 3. On or about, March 26, 1998, the said Defendant(s) executed and delivered a Mortgage Note in the sum of$35,000.00 payable to FIRSTPLUS BANK, A CALIFORNIA CORPORATION, the said Defendant executed and delivered a Mortgage Note in the sum of$35,000.00 payable to FIRSTPLUS BANK, A CALIFORNIA CORPORATION, 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 ofthe same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1480, Page 4898, conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to UMLlC VP LLC was recorded in the aforesaid County in Mortgage Book 687, Page 4898. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 112 BRIAN ORNE ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "BOO attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on December 07, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $34,687.58 Interest at $15.89 per day From 11/07/2000 To 8/07/2005 (based on contract rate of 16.4900%) $27,616.98 Accumulated Late Charges $1,100.00 Escrow Balance (Deficit) $400.00 $1,734.38 Attomey's Fee at 5% of Principal Balance TOTAL $65,538.94 "*Together with interest at the per diem rate noted above after August 07, 2004 and other charges and costs to date of Sheriff s Sale. The attomey's fees set forth above are in conformity with the Mortgage documents and PelUlsylvallia law, and will be collected in the event of a third party purchaser at Sheriffs Sale. Ifthe Mortgage is reinstated prior to the sale, reasonable attomey's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in allY jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A tme and COlTect copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 1 O. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 16.4900% ($15.89 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, PAl 7102 (717-234-4178) . . NOTE! MARCH 26. 1998 TUSTIN CA D"'~ Of." Srmr 112 BRIAN DRIVE ENOLA. PENNSYLVANIA 17025 Prop/:'rryAddr/:"ss CiSI" Stlllr ZlPCodr I. BORROWER'S PROMISE TO PAY In return for a loalllhall have received, I promise 10 pay U.S. S 35.000.00 "principal"), plus interest, to the order of the Lender. The Lender i~ FIR3TPLU3 O..nk, A CALIFORNIA CORPOR^TION (this amount will be called . I understand that the Lender ilia}' transfer this NOIe. The Lender or ar1yone who takes thi~ Nott by tr;.msfcr and who is entillcd lCl receive payments \lnder this Note will be called the " Note Holder," 2.I1'ITEREST I will pay interest at a yearly Tate of 16.490 %. Interest will be charged on unpaid principal unlillue full amount of princip.ll has been paid. 3. PAYMENTS I will p:ly f'rinl'.if':ll :Inri j11lp.re~r hy makin~ payme:nts each month of U.S. $ 489.11 I will make: my payments on the 30TH clay of each month beginning on APRil 30 1998 I will make these payments every momh until I h.lVe pilid all of the prim.:ipal and inu:res! and any Olher charge:s. described below, lhall may owe under Ihis Note. If, on MARCH 30, 2023 I still owe a1noums under this Note, I will PllY all those .unoums, in full, on thai dale. I will make my monthly pllymcms at 18302 IRVINE BOULEVARD, TUSTIN, CA 92780 or m It different place if n:quired by Ihe Nc)[c Holder. 4. 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 of my momh]y paymcllls by lhe end of calendar days after the date il is due, I will pay II hlle charge 10 the Note Ho]der. The amount of 10.000 % of my overdue payment, but nOl less than U.S. $ NfA U.S. $ 20.00 . I will pay this late chargc only once em a.ny ]atc payment. (8) Default If I do not pay the full amount of each monthly payment by the dale stated in SCClion3 above, I will be in default. Even if, at a lime when I am in ddault, the Note Holder does not require me 10 PilY immediately in full as described below, the Nme Holder will still have the rig.ht 10 do so if I am in default at a later time. (c) Notice froln Note Holder If I am in default, the Note Holder may send me a written nOlice telling me Ihal if I do nO! pay the overdue amount by a cenain 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 thai amount. That date must be at least 30 days after Ihe date on which the notice is mailed to me or, if il is Rot mailed, 30 days after the date on which it is delivt:re<llo me, (D) Payment of Note Holder's Costs and Expenses If the Note Holder has required me 10 pay immedia[cly in full as dcscribed ..hove. [Iu: NOle Holder will havc the righl to br: paid back for ils costs and expense~ 10 Ihe extent not prohibiled by applic:tble law. Those expenses include. for eX<ll1lple. n:;l.~onahle ilttomeys' fees. 15 lhc ch<lrge will be arKl not more th1lIl 5. THIS NOTE SECURED BY A MORTGAGE In addition to the protections given to the Note Holder under Ihis NOIe, a Mortgage, dillcU MARCH 26,1998 ,protects the Note Holder from possiblc losses which mighl result if I do I\ot keep the promises which I make in this Note. That Mortgage describes how ,md under what condItIons I ma}' be rcqulreCl 10 mllKe immediate payment in full of all amounts that I owe llnder Ihis Note. PENNSYLVANIA. SECOND MORTGAGE. lI80 . FNMAIFHlMC UNIFORM INSTRUMENT Form 3939 Oi75lPAt 1~9031.02 PIg.10f2 vMPMORTGIIGi:FORkls.!aOOI52\.129t \, A ew,i., j- f1 I, LOA.N NO.R9803196021-MA 6. BORROWER'S P1\ YMENTS nEFORE THEY ARE nUE \ have llle righl to make payments of principal al allY lime hcfon:: lhey are duc. ^ paymcrlI or principal only is known ;IS il "prepayment." When I make a prepayment, 'wi1l1t:1IIhc Note Bulder in i1lcUer Ihatl <1m dnin,2 so. A pn:paymcnl or all or the unpaid principal \s known \'\5 i\ "f\11I preflnymem." A. prep"yme\l\ of ollly p~TI of \he llnp:lic\ principal is koolvn as 1I "pmt!al prepayment. " I may m.,,ke a full prepaymt:nt or a p:mial prepaymcnt wilhout raying any penally_ The Note Holder will use all of my prepayments to reouce lhe amount or principal lhat [ 0\\'(: ander thi.~ NOle. If I make :l pilnial prep<lymelll. lherc will be m' del"ys in the due darcs (Ii" changcs in the illlloums of my monthly payment, unlt:ss lhe Nl)lc '''older ,lgrces ifl writing IU those delays Of change!i. I may ffi;.Jke a tull prepaynu:m at allY limc. If 1 choose 10 makc ~ panial prepaymcnl. the ~ote Holder may require me 10 rrk'1ke lhc prcpaymem on the same uny rhal one (\1' Illy monthly payments is due. Tllc NOle Holder may al...o require [hallhe ilmoUlIl of my panial pn:paymem be equalLO lhe HHlOUtll (If principal that wouk\ ~'avc bccfl p3r1 of my t\e;l;\ one or more lTIomhly payments. 7. BORROWIl~R'S WAfVF.R." I waive my righls 10 require Ihe NOle Holder In do ccnilin lhing.'>. Those things arc: (A) 10 demand paylllenl of :mlUunts due (known as "presentment"); (B) to give notice that atllOUnts uue have not been paid (known 3S "notice of di$honor"): (C) to obUiin an offlC\al ccniflcatioI\ of nonpayment (known as <l "prl\Ie-8I"). Anyone else who J:lgrees to keep Ihe promises madc III this Note. or who aerees 10 make payments 10 the Note Holder if I fail 10 keep my promises under this NOll:. or who signs Ihis Note LO ~ransfer ilia someone else also waives these rights. These persons arc knowJl as "guaramors, surelie!i and endorser.<>." 8. GIVING OF NOTICES Any notice that must be given 10 me under this Nu\e will be given by delivering il or by mailing it by certified mail addressed \Q me a\ the Property Address above. A notice will be aelivcrcd or mailed 10 me at a different address if 1 give the NOle Holder a nOlice of my different address. Any notice thar must be given to the Note Holder under rhis NOle will be g.iven by mailing it by certified mail \Q lllC Note Holder at the address stated in Section 3 above. A notice will be mailed 10 Ihe NOle Holder at "different address if I am !!:ivcn a notice of !.hat different address. - '9. R.E.S~NStBIL1TY OF PERSONS UNDER TtDS NOTE If more than one person signs l!lis NOle, cach of us is fully and pcrsonlllly obligated 10 pay the full amOUnT owed and 10 keep all of (he promises made in this Note. Any guarantor, surely, or end<lT1\cr of this Note \35; described in Section 7 ..hove) is also obligated to do lheSe things. The Note Holder may enforce its right.'> under Ihis Nole ag.ainsr c.'1ch of us individually or against all of us together. This means lhat any ooe or U5 may he reqUired 10 pay all of the "mounts owed under this Nme. An)' person who lakes over lilY righls or obligations under this Nore will hav..:- <III of my rights and must keep all of my promises made in this Note. Any pefson who takes over the rights or ubligmiolls of 3 g.uilfilI1l0r. surely, or l:ndor.scr of this NOle (as described in Section 7 above) is ?is.o ohligated \u lI.<<.p;o.n Qf the promises made in this NOh:. . . &L0M. .j. JdLU-~f0;~ I /1 ilL )dt-;;; WJlllA.M R. STONER (Seal) .81Ir",w~r (Seal) -Borrower (Seal) -Borrower (S~l) .1\\lrrt>Wcr (Sign Origiflill Dilly) ~75fPA) 199031.02 P.~~ 2 01 2 Form 3939 "'- .~ ., . .. LEGAL DESCRIPTION OF PROPERTY {;. ~ . All that cenain unit in'tlle prapetty.k:nown. n~ and idc:ntitie::l in !be Declantioli Plan. referred l" helo"," ..' Westwood Village COndominiurjlloCllted in East Poonsboro Township. Cumberland !:OUBlY. Cnmmonwcullh of Pennsylvania; Being d~igna.t~ on said Dedaration Plan ofWcstlloUocI Village Condominium :l-, Unit No. 112, L7F3 in Block /12, Building. #4. as No.1 12 Brian Drive, Enola. Penll&ylvania; and more fully de,crihed in the dcx:ument atlaCbed be~o.. :. . . q IJ I. E ~ti,&iY U ACT 6/9 1 NOT ICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help save your home. This Notice explains how the program works. To see if REMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717)780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Certified Article Number 7160 3901 9545 4690 4563 Certified Article Number SENDERS RECORD 7160 3901 9548 4690 4856 - 1 - SENDERS RECORD WILLIAM R STONER 112 BRIAN DRNE ENOLA, P A 17025 ., " t ~';".rC WILLIAM R. STONER PO BOX 396 HARRISBURG, P A 17108 Date: January 4, 2005 To: WILLIAM R. STONER 112 BRIAN DRIVE ENOLA, PA 17025 WILLIAM R. STONER PO BOX 396 HARRISBURG, PA 17108 Re: Loan No. Property: 30232270 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 CURRENT LENDER/SERVICER: UNITED MORTGAGE AND LOAN INVESTMENT, LLC PO BOX 471827 Charlotte,NC 28247 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL . IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. - 2 - CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to' face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default) . If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) - 3 - HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above creditor on your property located at: 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Delinquent payments From 12/07/2000 to 12/07/2004 Payments due during cure period Accrued Late Charges Advances 49 -@ $489.11 $23,966.39 $489.11 $940.00 $266.50 Total amount due $25,662.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the lender plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: UNITED MORTGAGE AND LOAN INVESTMENT, LLC PO BOX 471827 Charlotte, NC 28247 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the creditor intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this Gebt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due lS not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon your mortgaged property. - 4 - IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you wlII still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if egal proceedings are started against you, you will have to pay all reasonable attorney's fees actua ly incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If {OU cure the default within the THIRTY (30) DAY period, you will no be requlred to pay attorney's tees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and revent the sale at an tlme u to one hour e ore e erl s a e. ou may 0 so y paYlng e 0 a amount lus an late or other char es then due, reasonable a orney sees an cos s connec e Wl e orec osure sale and an other costs connected wlth the ~herltt's ~ale and b per ormlng any 0 er requlremen s un er e mor gage. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX months from the date of this Notice. A notice of the actua aaEe of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER UNITED MORTGAGE AND LOAN INVESTMENT, LLC PO BOX 471827 Charlotte, NC 28247 (800)333-5283 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property: - 5 - YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) - 6 - CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-5925 FAX# (717) 334-8326 ;;-.-, ~-~;~"; i" ~~O J diZ 1 ,,'"' "'_ ' ,;,'." Aj~l!dn, (JUF;~t'\_h'" i./.. ?",_'"'=t7!'~Vl! '"" Vv S" c...:.._.[''-,,.. ;u. ~d%i;~~ii!e,,:.~;~; ,j:, ' ....t..r. C~ '>oSbd S3i-4'~ ... :::~ ~I 801L1 Vd 'DaQ8SI~ 96[ X08 Od ~aNO~S o~ WVI~~IM o________o_o.___:_?t~:.~:_~_?_~______, -~~~______........~h__._U....~...bU_....... I!Blo"i leUO!J'!:lUJ&lUj JOj asn JON oQ paplMJd eEieJ&^OO a:meJmoul oN Hew pa!J!pa:) JOJ Jd!aoal::l aO!^J9S re~SOd sn S1:0L1 Vd '~ON8 8l\.I~Q NVI~8 1:11 ~aNO~S .~ WVI~~IM saa:! , e61QSOd I810.L AJ9AlISO pe;O!-llS8tf e9:1ld!B:l9l::l UJrnSl::l 9e,jpeIJ!lJ9:) ~I~i~ :q pOlSSOl.Ipp-e 1T-ew A.:i:-eUTP.IO ~o OlJOlTd OlUO 96e,SOd N<ln.L3<1 000(: eunr ODBt WJO.:l Sd 'IY l70-00l6lILUOOO :3:lN31:13:131:1 Hdl 'S 1-e4S0d q4TM OlJu-eT1dwOJ UI) EW ~o Ol4-eJT~T4.IOl~ IOlS 1-e4S0d .S 00 :1:I3CN3S 'T40N 16/9 4JV N8W~S8ANI NVO~ QNV 8DVD~~OW Q8~IND :Ol~ SOILI Yd 'D"llil8SImIYH 96S X08 ad /l::!NOJ.S '.j!"Ji\TVI1llM :0.1 v'"~/ ~co~ nL~~ o~or ~nrL nO~J COMPANY NAME: UMLIC VP LLC VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. 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. Dated p/z ~/OS~ " By /~/~~ ~ t:"redsJre {;e/rfz-Jor ~ PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW UMLIC VP LLC, VS, WILLIAM R, STONER, NO, 2005-04618 CIVIL DEFENDANT(S) MORTGAGE FORECLOSURE P RAE C I PE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) WILLIAM R. STONER for failure to plead to the above action within twenty (20) days from date of service ofthe Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per diem of$15,89 From 11/07/2000 To 08/07/2005 Accumulated Late Charges $34,687.58 $27,616.98 $1, I 00,00 Escrow Deficit $400,00 5% Attorney's Commission TOTAL $1,734.38 $65,538.94 **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 & HAL ( By ~ Leo aller PA LD. # 15700 I 9 North Front Street Harrisburg, PA 17102 (717) 234-4178 2 f"'o.;:l !.fl = = ?:.: <J> -nl~:': % ~ p~(i c::> rn::!J -;7'-. -< r- ~i I -om ]J>' :DO r~ ~~6 "".- ;:~~: :{i ).:.;, --0 --,' '- , 3 '~JC) :t;t~ N (Srn -., Z --> :;:l ~.:> :n -' -< .... ... -." ~ UMLIC VP LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R STONER, DEFENDANT(S) IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 12, 2005 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, By Leon P. Hall PA LD, # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 () ,.; ,~ IJc:; 'Tlf~'1 ~i:;:." (71:; .::~; ~ ~'-~ 2:'", 0:;:':" c.' ......c: ~ '-.; ~ coo en Z C;) -:: I o --n ..... I..., nl- .."hi :00 C)6 :;::1-.- , .. ~,-~ ,'I \':;~ o .,"" ;;:; .0 -< -n ::I: N (,.) -.J ~ .... . UMLIC VP LLC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO, 2005-04618 WILLIAM R. STONER Defendant CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: OCTOBER 12, 2005 TO: WILLIAM R. STONER 112 BRIAN DRIVE ENOLA, P A 17025 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTTEN 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRlNG A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 By LEON p, LLER, Attorney for Plaintiff LD, # 15700 1719N, Front St., Harrisburg, PA 17102 (717) 234-4178 (1 ~ r~>;:. -:9.,.,-, 1S~."~:;:, U;-," ,:,~,\"- -}.':.c 'hq "r~ Q. ::C-f! (-nf::: -old .0, ~::)~q, -:::-\;:..-1], --0, (~.}i, ~ t.'"; 76 ;0<::. r-' <g, cr "7C: ~ \ -- ~ ~ . '- UMLIC VP LLC, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R. STONER, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILIT ARY 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 before me this -4- ~ay of ()j--- 20t22-- !---- NOTARiAL SEAL - ._~ MARY;_AND k "ERREITI, Notary Public Lower P;':Ddr;r1 lwp.. Dauphin County My Commission txpires Aug. 8, 2006 ~~~ ~ - . x ~ . ~""~ ~ <,)--<l .~ ~ ~ -- , - '\ ~ '----"- Q :? -ol~ rr'1;;"' ~;:;.~'-' <hi' -";':'r r,,(- ' ~;; "., ;.-' 1..-' 't~~ 3. f' '"' LJ", ~ ~ a ~ \ -- Q, ::?'1J .n!,,:: ..".~ :9, ':2.9 ,,};::d L"~::' C-) 5(n A .....~. 'j;J ;;..:. ""'" ::J'. ~ c..,) -' . .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO, 2005-04618 CIVIL PLAINTIFF Total Judgment Amount Interest Per diem of$ 15,89 to sale date 3/8/2006 $65,538,94 V' $2,336,90 UMLIC VP LLC, VS, WILLIAM R. STONER, DEFENDANT(S) Escrow Deficit $2,000,00 TOTAL WRIT $69,875.84 *Plus additional interest, late charges and other costs to date of sherifrs sale. SALE DATE: Wednesday, March 08, 2006 (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, Attorney for Plaintiff 1719 North Front Street Harrisburg, P A 17 I 02 (717) 234-4178 Date: October 25,2005 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 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 , lL DIVISION Date: PRO BY DEPUTY Q S ~ -0\:1' rTltr. 2S'.', (j) '.'~ ::...:'.,. r;.C' 5;t~:::_ t';:t,.} YS; ::'~ =< . .' \ __ lo-\(~.....~' l ,~\.: ,...:> = $ ~ ..:: I ..., ::It ~ W co ~ ..... m:rJ :t\~ (:)0 .;::1-'\"1 (l.s:g ~;7 c: ~ Om _CI :J-- ~ . . , ALL THAT CERTAIN unit in the property known, named and identified in the Decl.r,tion Plan. referred to below as Westwood Village Condominium located in East ponnsboro Township, Cumberl~nd County, Commonwoalth of Pennsylvania, which has herotofore beon submitted to the proVlsions of the Unit Property Act of Pennsylvania. Act of JulY 3. 1963. P.L. 1963. by the recording in the Office of the Recorder of Deeds of Cumb&l'"l.:md County, Ponnsylvani.a" of a Declar~tion Croarlng and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on Janu.ry 29, 1975, in Misc. Book 213 at Page 283, .nd .mended by a cert.in'First Amendment to neclaration Creating and Establishing Westwood Vllage Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729, and a certaln Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 .nd recorded on July 26, 1976 in Misc. Book 223 at Page 343. and a Code of RegulatlOns of Westwood Village Condominium datod January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328, and amended by a cert3in First amendmen~ to Cede of Regul~tion of Westwood Villago Condominium dated May 28, 1976, and recorded on June 22. 1976, in M1SC. Book 222 at Page 737, and Declatation Plan ef Westwood Village ~ondominium dated January 29. 1975. and recorded on January 29, 1975 ln Plan Book 26 at Page 15, and amended by a cortaln First Amendment to Doclaratlon Plan of Westwood Village Condominium dated July 21, 1976 and.recorded on July 26, 1976 in Plan Book 28 at Page 72, being deslgnatod on sald Declaratlon Plan of Westwood Village Condominium as Unit No. 112, L7F3 in Block 12, Building 14, known as No. 112 Brian Drlvc~ E~ola, Pennsylvaniap as more fully described in such Docl.ratlon Plan and Doclaration Creating and Establishing Westweod ~illag~ Condominium, as the same appears of rocord as set forth above, lnc~u~lng ~ny amendments thereto, TOGETHER with a proportionato undlVlded lnterest in the Common Elements (as defined in such ' Doclaration) of ono and two nundred forty-six thousandths percent (1.246\J. HAVING THEREON ERECTED A CONDOMINIUM UNIT WHICH IS COMMONLY KNOWN AND REFERRED TO AS 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WHICH Terry L. Kline, Administrator ofthe Estate of Sandra A. Kline a!k/a Sandra Kline, Deceased, by deed dated 9/1/93 and recorded in Cumberland County Deed Book M-36, Page 1146, granted and conveyed unto William R. Stoner. TO BE SOLD AS THE PROPERTY OF WILLIAM R. STONER ON JUDGMENT NO, 2005-04618 CIVIL ASSESSMENT NO. 09-12-2992-0 01A U41 , ~ --. ~ r 0\ (::) J ' \8 ___ ~ 0, ~'\ -. ~~ ~~~~ ~ <.P. ~ <;:;. ~, ~ C> e- o 0 ~ ~ ::;r:. ~ I C> C. 'Z: -o~\j rf' i ;'; ~t r2\" ')":r ~.:>-- ",..\.,,: 7~~ ~ - \@ ~ .~ fl'~ :grD ",,)Y \;::,\6 {~:.~ brn -~ ~ ~ ::J: ~ '" cP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4618 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UMLIC VP LLC Plaintiff (s) From WILLIAM R STONER, 112 BRIAN DRIVE, ENOLA P A 17025. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL EST A TE LOCATED AT 112 BRIAN DRIVE, ENOLA PA 17025 (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,538.94 L.L. $.50 Interest PER DIEM OF $15.89 TO 3/8/06 $2,336.90 Atty's Comm % Due Prothy $ 1.00 Other CostsESCROW DEFICIT = $2,000.00 Atty Paid $150.00 Plaintiff Paid Date: NOVEMBER 1, ,2005 c~~dg (Seal) Prothonotary By: Deputy 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 ~ . PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMLlC VP LLC, VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R. STONER, DEFENDANT(S) 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 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025: 1, Name and address ofthe Owner(s) or Reputed Owner(s): WILLIAM R STONER 112 BRIAN DRIVE ENOLA, P A 17025 2, Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4, Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Wells Fargo Bank, N,A. 1 Home Campus Des Moines, IA 50328 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, P A 17013 TENANT/OCCUPANT 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 (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 ma e subject to the penalties of 18 P A COS. Section 4904 relating to unsworn falsification to authorif ' er PA LD. #15700 Purc, g & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 25,2005 ~ 5' ~ :;.:: I - Q ~, ~, -0'-", f\'~'\ -r"J;. ~c (f) ~:: (::r. :r;. (~" ;;;'c::. -? 2. -0 -;%- rv .' '" u:> o -r' :(, r"~_ -on:' -0 i:? <) , '~9 '1' -'(~' ~,~~ S '0 ".4 , PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW UMLIC VP LLC" VS, NO, 2005-04618 CIVIL WILLIAM R, STONER, DEFENDANT(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 Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, March 08,2006 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 ofthe property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRlPTION ATTACHED) THE LOCATION of your property to be sold is: 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-04618 CIVIL JUDGMENT AMOUNT $65,538.94 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: WILLIAM R. STONER , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govenunental 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 tbat 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 Cornmon 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 Cornmon 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 ofCornmon 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 Connty Courthouse, before a presentation of the petition to the Court, PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ( ALL THAT CE~TAIN unit in tha property known, n,mad ,nd identified in the Declar3tion Plan~ referred to below as Westwood Village Condominium located ~n East Pcnnsboro To~nship. CumbeTl~nd County. Commonwealth of Pannsylvania, which has heretofore been submitted to the proVlsions of tha Unit Property I.ct of Pal\nsylvania, Act of July 3, 1963, P.L. 1963, by the recording in tha Office of the Recorder of Deeds of Cumbarland County, Ponnsylvania,. of a Declar'tion Croating and Establishing Westwood Vill'go Condominium dated January 29, 1975, and rocordod on January 29, 1975, in Misc. Book 213 at Page 283, and amanded by . cert.in'First Amendment to neclaration Creating and Establishing Westwood Vll,go Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. BooK 222 at Paga 729, and a cettam Second Amendment to Declaration Creating and Establishing Westwood Vi11,ge Condominium dated July 21, 1976 ,nd recorded on July 26, 1976 in Misc. Book 223 at Page 343, and a Code of Regulatlons of Westwood Village Condominium d,ted January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328, .nd amended by a cert31n FIrst ~rnendment to Code of Re&ul~tion of Westwood Village C~ndominium d~ted May 2B, 1976, and recorded on June 22, 1976, in MlSC. Book 222 at Page 737, and Declaration Plan of Westwood Village ~ondominium d,tcd Janu.ry 29, 1975, and recordod on January 29, 1975 ln Plan Book 26 at Page 15, and amended by . certain Fitst Amendmont to DeclaratIon Plan of Westwood Village Condominium dated July 21 1975 .nd,rocorded on ~uly 26, 1976 in Plan Book 28 at P'ge 72, being , deslgnated on sald Declaration Plan ef Westwood Village Condominium as Unit No. 112, L7F3 in nlock 12, Building '4, known as No. 112 Brian DT1VC, E:,ola, PenJlsylvani~, as more fully doscribed i1\ such Doclaratlon Plan and Decl.ration Creating and Establishing Westwood ~illage Condominium, as the same 'ppe.rs of rocord as Set forth ,bove, 1nc~u~lng ~ny amcnd~ents thereto, TOGETHER with a proportion~to undlVldad lntcrest In the Common Elements (as defined in sucn ' Declaration) of one and two nundred forty-six thous.ndths percent (1.2460. HAVING THEREON ERECTED ACONDOMINIUM UNIT WHICH IS COMMONLY KNOWN AND REFERRED TO AS 112 BRIAN DRNE, ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WIllCH Terry L. Kline, Administrator of the Estate of Sandra A Kline a/k/a Sandra Kline, Deceased, by deed dated 9/1/93 and recorded in Cumberland County Deed Book M-36, Page 1146, granted and conveyed unto William R Stoner. TO BE SOLD AS THE PROPERTY OF WILLIAM R. STONER ON JUDGMENT NO. 2005-04618 CIV1L ASSESSMENT NO. 09-12-2992-0 01A U41 r.:> ~ ~ \ o c:. ~>;: "1:J (j~: rr,r~_ !; ~~:' ti~ ):~ ~~" . 1..,.-\_. "l:._ ':Z('", ~L" rC ~ ,L__~ 2 - ~ .-\ ::t:-<1 I'll \1j 1)<:;:1 0;0 :?:c\ ;l--~ :;:rQ ?')I" ::.. "t>- ~ ~ :::>:- r:-? (..) .p . . PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMLlC VP LLC, VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R, STONER, DEFENDANT(S) mMORTGAGEFORECLOSURE SUPPLEMENTAL 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 112 BRIAN DRIVE, ENOLA, PENNSYL VANIA 17025: 1, Name and address ofthe Owner(s) or Reputed Owner(s): WILLIAM R. STONER 112 BRIAN DRIVE ENOLA, P A 17025 2, Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4, Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Wells Fargo Bank, N,A. 1 Home Campus Des Moines, IA 50328 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/OCCUP ANT 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM C/O PROPERTY MANAGEMENT INC. 1300 MARKET STREET P,O. BOX 622 LEMOYNE, P A 17043 COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM CIO DAVID R. BRESCHI, ESQUIRE 3425 SIMPSON FERRY RD CAMP HILL, PA 17011-6405 (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 P A C.S. Section 4904 relating to unsworn falsification to autho " . DA TE:January 23,2006 ._1, " _,'I '..~ . to, c', PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMLIC VP LLC" VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R. STONER, DEFENDANT(S) IN MORTGAGE FORECLOSURE SUPPLEMENTAL RETURN OF SERVICE I hereby certify that I have deposited in the U.S, Mails at Harrisburg, Pennsylvania on l/[)'J,. J aOOL. , a true and correct copy of the Notice of Sale of Real Estate pursuant to P A 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: COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM CIO PROPERTY MANAGEMENT INe. 1300 MARKET STREET P,O, BOX 622 LEMOYNE, P A 17043 COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM CIO DAVID R. BRESCHI, ESQUIRE 3425 SIMPSON FERRY RD CAMP HILL, P A 17011-6405 CELL, KRUG & H Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P_ HALLER JOHN W. PURCELLJR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN [JJJ~ ~ ff ~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM C/O PROPERTY MANAGEMENT INC, 1300 MARKET STREET P,O. BOX 622 LEMOYNE, P A 17043 COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM C/O DAVID R. BRESCHI, ESQUIRE 3425 SIMPSON FERRY RD CAMP HILL, PA 17011-6405 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 that you have an opportunity to protect your inte any, by being notified of said Sheriffs Sale, Leon P. er PA LD,I5700 Attorney for Plaintiff By: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMLIC VP LLC" VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R. STONER, DEFENDANT(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, March 08, 2006 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 ofa statement of the measured boundaries ofthe 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: 112 BRIAN DRIVE ENOLA, PENNSYL VANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-04618 CIVIL JUDGMENT AMOUNT $65,538.94 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: WILLIAM R. STONER 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, P A 17102 (717) 234-4178 HAVING THEREON ERECTED A CONDOMINIUM UNIT WHICH IS COMMONLY KNOWN AND REFERRED TO AS 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WHICH Terry L. Kline, Administrator ofthe Estate of Sandra A. Kline a!k/a Sandra Kline, Deceased, by deed dated 9/1/93 and recorded in Cumberland County Deed Book M-36, Page 1146, granted and conveyed unto William R. Stoner. TO BE SOLD AS THE PROPERTY OF WILLIAM R. STONER ON JUDGMENT NO. 2005-04618 CIVIL ASSESSMENT NO, 09-12-2992-0 01A U41 . ' UNITED MORTGAGE AND LOAN INVESTMENT, LLC v, WILLIAM R. STONER CUMBERLAND County Sale U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM C/O PROPERTY MANAGEMENT INC. 1300 MARKET STREET P.O. BOX 622 LEMOYNE, PA 17043 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: COUNCIL OF WESTWOOD VILLAGE CONDOMINIUM C/O DAVID R. BRESCHI, ESQUIRE 3425 SIMPSON FERRY RD CAMP HILL, PA 17011-6405 k ? " "-' ;.";?, 6" l;o-\fS pOs/, II'... ,;- ~<;'''' , S ' ~ #;1 . z 1\:AI .? "1/' l'tlNI\'I\<!V\"I~; -~. ,12 ,. $ 01.900 _ "": d,?c;,,:;" ;,"::': , '''':;'~ M4ILED iR!""l Z'PCOD~"! ,',' c) -~) on _"1 "4 j_~q i\ ~.) c'\ .; 1':'1 cr1 CJ UMLIC VP LLC" PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R, STONER, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on l1L~.JaM5 , a true and correct copy ofthe Notice of Sale of Real Estate pursuant to PA R.C.P, 3129.1 to the Defendants herein and all lienholders ofrecord 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: WILLIAM R. STONER 112 BRIAN DRIVE ENOLA, P A 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 Wells Fargo Bank, N.A. I Home Campus Des Moines, IA 50328 By PURCE , UG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 LAW OFFICES HOW ARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WJNKA BRIAN J. TYLER NICHOLE M. STALEY O'OORMAN pjJ~~ff~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102,2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL V ALERlE A. GUNNOF COUNSEL WILLIAM R. STONER 112 BRIAN DRIVE ENOLA, P A 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUP ANT 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 Wells Fargo Bank, N,A. 1 Home Campus Des Moines, IA 50328 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 that you have an opportunity to protect your interest, if any, by bein otified of said Sheriff's Sale, By: Le . HallerPALD,15700 Attorney for Plaintiff UMLlC VP LLC" PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R STONER, DEFENDANT(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, March 08, 2006 TIME: 10:00 O'clock AM, 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 A TT ACHED) THE LOCATION of your property to be sold is: 112 BRIAN DRIVE ENOLA, PENNSYL VANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-04618 CIVIL JUDGMENT AMOUNT $65,538.94 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: WILLIAM R. STONER 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 ofthe 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: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sherifrs 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, PAl 7102 (717) 234-4178 ALL THAT CERTAIN unit in the property known, "amed and identified in the Declaration Plan, referred to below .s Westwood Village Condominium located ~n East POI\.nsboto Township. Cumberl~nd County, Commonwealth of Pennsylvania, which has herotofore been submitted to tlle provIsions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 1963, by the recording in the Office of the Recorder of Oeeds of Cumberl~nd Counry, Ponnsylvaniat. of a Declar~tion Creating and Establishing Westwood Village Condominium dated Jlnuary 19, 1975, and recorded on January 19, 1975, in MisC. Book 213 It Page 183, and amended by a certain:First Amendment to Oeclaration Creating and Establishing Westwood Vl1age Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729, and a certaln Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 Ind recorded on July 26, 1976 in Misc. Book 223 It Page 343, Ind a Code of RegulatIons of Westwood Village Condominium dated January 29, 1975, and recorded on Jlnuary 29, 1975 in Misc. Book 213 at Page 328, and amended by a ccrt~in First ~mendment to Code of Regulation of Westwood Vill~ge Condominium dated May 28, 1976, and recorded on June 22, 1976, in M1SC. Book 222 at Page 737, and Declarltion Plan of Westwood Village ~ondominium dated January 29, 1975, and rocordod on Janu~ry 29, 1975 In Plan Book 26 at Page IS, and amended by a certain First Amendment to Doclaratlon Plan of West~ood Village Condominium dated July 21 1976 and,rocorded on July 26, 1976 in Plan Book 28 at P.ge 72, being , doslgnated on saId Declaration Plan of Westwood Village Condominium as Unit Xc. 112, L7F3 in Block 02, Building "4, known as No. 112 Brian Drlvc, E~ol:l~ ?ennsylvanid, .:1S more fully doscribed in s.uch Decl.rat,on Plan Ind Doclaration Creating and Bstablishing Westwood ~il1ago Condominium, as the same appears of rocord IS set forth above, Includlng ~ny amcnd~onts thereto, TOGETHER with a proportionato undIVIded ,.,tcrest ,n tho Common Elements (as dofined in such, Declaration) of ono and two nundred fortY-SiX thousandths percent (1.2461). HAVING THEREON ERECTED A CONDOMINIUM UNIT WHICH IS COMMONLY KNOWN AND REFERRED TO AS 112 BRIAN DRNE, ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WHICH Terry L. Kline, Administrator of the Estate of Sandra A. Kline alk/a Sandra Kline, Deceased, by deed dated 9/1193 and recorded in Cwnberland County Deed Book M-36, Page 1146, granted and conveyed Wlto William R Stoner, TO BE SOLD AS THE PROPERTY OF WILLIAM R. STONER ON JUDGMENT NO, 2005-04618 CIVIL ASSESSMENT NO. 09-12-2992-0 01A U41 71bO 3~1 9&49 07~3 0137 TO: WILLIAM R, STONER 112 BRIAN DRIVE ENOLA, P A 17025 SENDER: NOS 03/08/06 REFERENCE: UNITED MORTGAGE LOAN PS Form 3800, Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Delivery Total Postage & Fees 1 3,50 Receipt for Certified Mail POST~~~R~, -""'-\ ~ ) 1 ) / , US Postal Service No Insurance Coverage Provided Do Not Use for International Mail ; ~-- / ~ '. UNITED MORTGP.GE AND LOAN INVESTMENT, LLC v, WILLIAM R. STONER Cumberland County Sale 3/8/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: WILLIAM R. STONER 112 BRIAN DRIVE ENOLA, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Wells Fargo Bank, N,A 1 Home Campus Des Moines, IA 50328 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 Postmark: , . ~ Ii r!l i f',->(lJ :IF I.-~':[)f'- UNITED MORTG.\GE AND LOAN INVESTMENT, LLC v, WILLIAM R STONER CumberIamr County Sale 3/8/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: TENANT/OCCUPANT 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 Postmark: ( -n e1 C,\.l \41 _--l , ;,.\ ~ ,'\ C' - , r<~ , :{ "., {)"\ c) ::<. UMLIC VP LLC VS William R, Stoner The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-4618 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 10;54 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: William R, Stoner, by making known unto Ronald Stoner, adult brother of William R. Stoner, at 112 Brian Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 10:54 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William R. Stoner located at 112 Brian Drive, Enola, Pelmsylvania, 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: William R. Stoner, by regular mail to his last known address of 112 Brian Drive, Enola, P A 17025. This letter was mailed under the date of January 10,2006 and never returned to the Sheriffs Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Haller. Sheriffs Costs Docketing Poundage Advertising Posting Handbills Levy Mileage Surcharge Law Library Prothonotary Share of Bills 30,00 22.23 15.00 15,00 15,00 13.20 20,00 .50 1.00 21.05 Law Journal Patriot News Postage Certified Mail 569,00 410,00 .74 1.08 $1,133,80 ,/~~~~ R, Thomas Kline, Sheriff BY JDCLtiSfYlcH1 Real Estate ergeant Sworn and subscribed to before me 2006, A,D. \,,0 (}>____ /)''', ') 0 \ JG0, "1'1- 'i ';'0 UMLIC VP LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF VS, CIVIL ACTION LAW NO, 2005-04618 CIVIL WILLIAM R. STONER, DEFENDANT(S) 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 112 BRIAN DRIVE, ENOLA, PENNSYL VANIA 17025: L Name and address of the Owner(s) or Reputed Owner(s): WILLIAM R, STONER 112 BRIAN DRIVE ENOLA, P A 17025 2. Name and address ofDefendant(s) in the Judgment, ifdifferent from that listed. in (I) above: SAME 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4, Name and address oflast recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Wells Fargo Bank, N.A. I Home Campus Des Moines, IA 50328 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: - } UMLlC VP LLC" PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CNILACTIONLAW NO, 2005-04618 CNIL WILLIAM R, STONER, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 08,2006 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: 112 BRIAN DRIVE ENOLA, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-04618 CIVIL JUDGMENT AMOUNT $65,538.94 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: WILLIAM R STONER ..l 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 Cornmon Pleas ofthe 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, lnc 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 DELlVEREU. 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, P A 17102 (717) 234-4178 ALL THAT CERTAIN unit in the propeny known, named and identified in the Declaration Plan, referred to belov as West~ood Village Condominium located ~n East Pannsboro To~nship. CumbeTl~nd County. Commonwoalth of Pennsylvania, which has herotofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 1963, by the recording in the Office of the Recorder of Deeds of Cumber13nd County. Ponnsylvania.. of a Declaration Croating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Book 213 at Page 283, and amended by a certain:First Amendment to neclaration Creating and Establishing Westwood Vilage Condominium dated May 28, 1976, and recorded on June ZZ, 1976, in Misc. Book 222 at Page 7Z9, and a certaln Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book Z23 at Page 343, and a Code of Regulations of Westwood Village Condominium datod January Z9, 1975, and recorded on January Z9, 1975 in Misc. Book 213 at P"ge 328, and amonded by a cert3in First ~mendment to Code of Regul~tion of Westwood Villago Condominium dated May 28, 1976, and recorded on June 22, 1976, in Mise. Book 222 at Page 737, and Declaration Plan of Westwood Village ~ondominium doted January 29, 1975, and recerdod on January 29, 1975 ln Plan Book 26 4t Page 15, 4nd amended by a certain First Amendment to Doclaratlon Plan of Westwood Village Condominium dated July 21, 1976 and,rocorded on July 26, 1976 in Plan Book 28 at Page 72, being deslgnated on said Declarat.on Plan of Westwood Village Condominium as Unit No. 112, L7F3 ln Block 12', Building R4, known as No. 1L12 Brian DrIve, E~ola, Pennsylvania, as more fully described in such Doclaratlon Plan and Doclaration Creating and Establishing Westwood ~lllag~ Condominium, as the sarno appoars of rocord as set forth above, lnc~u~lng ~ny .amcnd~cnts thereto, TOGETHER wit.h a proportionato undl vlded Interest ln tho Common Elements (as do fined in slIch Doclaration) of one and two hundred forty-six thousandths percent (1.246\). HAVING THEREON ERECTED A CONDOMINIUM UNIT WHICH IS COMMONLY KNOWN AND REFERRED TO AS 112 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025 BEING THE SAME PREMISES WIDCH Terry L. Kline, Administrator ofthe Estate of Sandra A. Kline aIkIa Sandra Kline, Deceased, by deed dated 9/1/93 and recorded in Cumberhmd County Deed Book M-36, Page 1146, granted and conveyed unto William R Stoner. TO BE SOLD AS THE PROPERTY OF WILLIAM R STONER ON JUDGMENT NO, 2005-04618 CNIL ASSESSMENT NO. 09-12-2992-0 01A U41 WRIT OF EXECUTION. and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-4618 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UMLIC VP LLC Plaintiff (s) From WILLIAM R STONER, 112 BRIAN DRIVE, ENOLA P A ] 7025. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 112 BRIAN DRIVE, ENOLA PA 17025 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachmeut is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,538.94 LL $.50 Interest PER DIEM OF $15.89 TO 3/8/06 ~ $2,336.90 Atty's Comm % Due Prothy $ 1.00 Other CostsESCROW DEFICIT ~ $2,000.00 Atty Paid $]50.00 Plaintiff Paid Date: NOVEMBER], ,2005 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: ]719 N FRONT ST HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No, 15700 Real Estate Sale # 20 On November 30, 2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 112 Brian Drive, Enola, more fully described on Exhibit "A" filed with this ~it and by this reference incorporated herein. . T ..\ ... ~ ;"" \ ~:' '. 'j, "\~'. . ~s . .4.:, f. ,\ .'~''''''\j.~ Date: November 30;2005 By: \jtdy t$vVLLtGi Real Estate Sergeant ~ ~ ~ fl$ OE ,\ .~ :' \ c.- IDOl f ' ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County ofDauprnn} S8 Michael Morrow, 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 2006, 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, Sworn to and subscribed befOlje me \ PUBLICATION COPY S ALE #20 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A, 17013 REAL ESTATE SALE No. 20 WrIt No. 2lJ05.4618 ClYIITerm UMUC VP LLC v. WlUI8m R. Stoner Ally: Lel>n Haller DESCRIPTION ALL TI\AT C!;\UAlN uoit in 1be property known.lIlIIll<d and identified in The Declaration Plan; referred to below .. Westwood Village Condominium located in East Pennsboro Township. Cumberland County, eo-._th uf Pennsylvania. which bas hemofore been submitted to 1be provisioos of the Unit Property Act of Pennsylvania. Act of Iuly 3, 1963, PL 1963. by the =mling in 1be Office of the Recorder of Deeds of Cumberland County, Peno&ylvania, of a Declm1ion Creating and &tablisbing Westwood Village Coodoolinium daJed I~ 29. 1975. and ft>COIded 00 I~ 29, 1975. in Mise, BooI. 213 at Page 283, and amended by a certain Fust Amendment to Declaration C<.ating and Escabliabing_ooo Village Coodominium daJed May 28. 1976. and recorded on June 22, 1976, in Misc. Book 222 al Page 729. and """""" Second _ to Declaratioo C<.ating and &tablisbing Westwood Village Coodoolinium daJed July 21. 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343.andaCocle ofa.guIatiOllS of Westwood Village CondominiumdaJed I~ 29.1975.and recorded on January 29,1975 in Misc. Book. 213 at Page 328, and aJIKmded by a certain Firn amendment to Code of Regulation of Westwood Village Condominium daJed May 28. 1976. and recorded 011 June 22.1~6, in Misc. Book 222 at page 737. and Dec!aiation Plan of Westwood Village Condominium daJed Ian-""l' 29.1975, andrecortledoolalllUll)' 29.1975 in P1anBool.26 at Page 15, and llDleIDded by a certain Fll'St Amendmeot to Declaration Plan of Westwood Village cooduminium daJed Iuly 21, 1976 and _ooluly 26, 1976 in P1anBool.28 "'Page 72. being tlesigoared on said Dec_oo Plan of Westwood Village condominium as Unit No.lI2, L7F3in Block I2.BoiIding t4,known .. No, 112 Brian Drive, Eoola, Pennsylvania, as IllOIe fully described in such DeclaratiOJl Plan and Declaration Creating and Establisbing Westwood Village condominium, as the same appealS of record as set forth above, including any amendments therero. TOGE1lIER with a pr0- portionate undivided intetest in the Common Elements (as definf.d in such Declaration) of one and two _ forty-six thousandths_ (1246%), HAVING THF,8EON """" a coodoIllinium unit which is COIDiiionly l:nown and refeued to as IlZ Brian Drive,EnoIa.Pennsylvania 17025. BEING TIlE SAM\! po:mi&es which Teuy L Klin<._ at 1be ~ of Sandta A, Klin< a/kJa Saodra Klin<. Deceased. by Deed daJed 9/lJ93and ft>COIded in Cumberland Couoty Deed BooI. M-36. Page 1146. -"" and 'oovey<d_WiI1iamR,s-r, lOBESOLD..1be(ll'lllC'lyofW1lliamR. Stoner 00 IIIdgom No, 2005-04618 Civil, ASSESSMENT No,09-I2-2992-U OIA U4L PROOF OF PUBLlCATIO]\' OF "OnCE II\' ( UMBERLAI\'l) LAW .JOURNAL (Undcr Act '\0,587, approved May ICl, 1929), p, L.1784 STATE OF PENNSYLV ANL\ : ss. COUNTY OF CUI\IBERLANi.1 : Lisa Marie Coyne, Esqnire, Editor 01' the Cumberland Law Journal, of the County and State aforesaid, being dlliy SW(";], according tn law, dcposes and says that the Cumberland Law Journal, a Icgal periodical published in the Borough of Carli sic in the County and State aforesaid, was established January:;, I '}'2, and designated bv the local courts as the official legal periodical lor the pllb[,c~J(ion ui ,dllegalnotic\'s, and ha:;. SilWC January 2, 1952, been regularly issued wcckly in the said COlin I., and that the printed llotic\' or publication attached hereto is exactly thc same as was printc(! 'n the regular editions lllld issues of the said Cumberland Law Journal on the lollowing dales, V1Z: January 20,27, lebruary 3, 20UCl AI'I"llil rurthcr lie-poses ;':;.It he is aulh"rv'ed to verify :his statement by the Cumberland Law Journal. a legal periodical "I' general circulation, :lIld th,,', he is not interested in the subject matter or the aforesaid notiel' or advertisement, and that all allegations in the foregoing statements as to tin1c, I'L' .'C and ,"'llaracter ofpuhlication arc true. " '~A ry ~ Il~ l- Lis I Mari, Coyne, E40r SW' JR () ,,!\fD,UBSCRIBED before me this _3_day()t'_'ebru~ 2006 _~A'~)J/. Notary j?ntt~A_' REAL ESTATE SALE NO. 20 Writ No. 2005-4618 Civil UMLIC VP LLC VS, William R. Stoner Atty.: Leon Haller ALL THAT CERTAIN unit in the property known, named and identi- fied in the Declaration Plan. referred to below as Westwood Village Con- dominium located in East pennsboro Township, Cumberland County. Commonwealth of Pennsylvania, which has heretofore been submit- ted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P,L, 1963, by the recording in the Office of the Re- corder of Deeds of Cumberland County, Pennsylvania. of a Decla- ration Creating and Establishing Westwood Village Condominium dated January 29. 1975. and re- corded on January 29, 1975, in Misc. Book 213 at Page 283, and amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Vilage Con- dominium dated May 28. 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 729, and a cer- tain Second Amendment to Decla- ration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26. 1976 in Misc. Book 223 at Page 343, and a Code of Regula- tions of Westwood Village Condo- minium dated January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213 at Page 328. and amended by a certain First amend- ment to Code of Regulation of Westwood Village Condominium dated May 28. 1976, and recorded on June 22, 1976, in Misc. Book 222 at Page 737. and Declaration Plan of Westwood Village Condo- minium dated January 29. 1975, and recorded on January 29, 1975 in Plan Book 26 at Page 15, and amended by a certairl First Amend- ment to Declaration Plan of West- wood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72, being designated on said Dec- laration Plan of Westwood Village Condominium as Unit No. 112, L7F3 in Block #2, Building #4, known as No. 112 Brian Drive. Enola, Penn- sylvania, as more fully deSCribed in such Declaration Plan and Declara- tion Creating and Establishing Westwood Village Condominium. as the same appears of record as set forth above, including any amend- ments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as definer! in such Declaration) of one and two hundred forty-six thousandths per- cent (1.246%). HAVING THEREON ERECTED A CONDOMINIUM UNIT WHICH ]S COMMONLY KNOWN AND RE- FERRED TO AS ]]2 BRIAN DRIVE, ENOLA, PENNSYLVANIA ]7025, BEING THE SAME PREM]SES WHICH Terry L. Kline. Administra- tor of the Estate of Sandra A Kline a/k/a Sandra Kline, Deceased. by deed dated 9/1/93 and recorded in Cumberland County Deed Book M-36, Page 1146, granted and con- veyed unto William R Stoner. TO BE SOLD AS THE PROP- ERlY OF WILLIAM R STONER ON JUDGMENT NO, 2005-046] 8 CIVIL, ASSESSMENT NO. 09-12-2992- o OIA U41.