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HomeMy WebLinkAbout06-1042IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, ? I USA, N.A., NO.: lI UL Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. TO DEFENDANT TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF Ir A c « c? ATTORNEY FOR PLAINTIFF 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANT IS: 373 Burgners Road Carlisle, PA 17013 ATTO NEB Y FOR PLAT F - CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 373 Burners Road, Lower Frankford Twp. (CITY, BORO, TOWNSHIP) (WARD) ATTORNEY FOR PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., NO.: C)ta - IOL/? ?I u ?1L1? l Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, / USA, N.A., NO.: U(o - ?Qt?? Lllcu t l? ?/L3rt Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Gary R. Dillman and Kathleen L. Dillman, are individuals whose last known address is 373 Burgners Road, Carlisle, Pennsylvania 17013. 3. On or about November 25, 1997, Defendants executed a Note in favor of Plaintiff in the original principal amount of $93,500.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about November 25, 1997, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $93,500.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 1, 1997 in Mortgage Book Volume 1419 Page 219. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the October 25, 2005 payment. 7. On or about December 29, 2005, Defendants were mailed a combined Act 91 and Act 6 Notice, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. § 101, et seq. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal $86,101.64 Interest through 2/8/06 $ 2,908.51 Late Charges through 2/8/06 $ 215.05 Escrow Deficiency through 2/8106 $ 0.00 Corporate Advances $ 42.00 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $93,017.20 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $93,017.20 with interest thereon at the rate of $21.23 per diem from February 8, 2006, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. '/' 'k VC BY: Kristine M. Anthou, squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" NOTE NOVEMBER 25 1997 Dar, 373 BURGNERS ROAD Pro ny eemwr 1. BORROWER'S PROMISE TO PAY In return ter a loan that I have received, I promise w pay U.S. 393,SWOO "principal"). Pbu InWat, to the order of the (.coder The finder is CHASE MANHATTAN BANK USA. N.A. CARLISLE Coy ar PENNSYLVANIA Slaw PA 17013 Shse ZIPCa4 (this anwuot will be called I mdcntand that the lender may tramfu this Now. The Leader m anyone who news this Now by trawler and who is credited to receive payments wider this Now will be called td "Now Holder." 2. INTEREST I well pay interest at a yearly raw of 9.000 %. Interest wiU be charged On unpaid principal thud] tae full amount of principal has been paid. 3. PAYMENTS I well pay principal and between by mating payments each month of U.S. S 752.33 1 will make my payments oet the 25th day of each ommh begimbg on DECEMBER 25 1997 . I will maim them payment every month unul I have pad Ali of We principal and hmeemt and any other charges, described below, that I may owe under this Now. If, un NOVEMBER 25 2012 . 1 still owe aroouou under this Now, I will pay all those sermons, in full, w that date. 1 will make my moaWly peyerews, at C/O CHASE FINANCIAL MANAGEMENT CORPORATION, P. 0. BOX 91958, CLEVELAND, ON 44101 or at a dillemo t place if required by tM Note Holder. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdo. Pavements If the Now Holder bas not received the full amadm of any of MY mantbly payments by the end of 10 calendar days after the date a le elm, I will pay a law charge to the Now Hotter. The anudat of the chuge will be 5.000 % of my avcrd w payment, but not Jess than U.S. $ 0.00 ad ant entire than Us $ .1 will pay this late charge only once an my lam peymenc (B) Default If I m not pay tie full amount of each wahly payment by the date stated in Section 3 shove. I wi)1 be in deLde Even If, at a dine when / am in defaut, the Nam Holder don not mgulm me in pay immediady, m full a decnbed below, the Note Holder will still have the tight at m ao if I am in default at a later time. (C) Nutlet from Note Holder If I am in default, she Now Holder may send u, a amen notice telling me that if 1 do not pay the overdue atnouat by a certain date the Note Holder may require oat: in pay itamdsawly the full amnimt of principal which bas not been paid and all the interest that I owe on that amount. That dam rust be at east 30 days after the date on which the notice is mailed m mm in. if it is me waited, 30 days after the dam on which it is delivered to enc. (0) Payment of Note Holder's Costs and Experoa H the Now Holder has required me in pay immediately in full as described above, the Note Holder will ban the right in be paid back for all of its corn and expenses to the extent not prohtbiecd by applicable law. Those expenses include, for example, reasonable attorneys, fca. S. THIS NOTE SECURED BY A MORTGAGE in addition in the prntecuom given to the Note Holder order this Note, a Mortgage, dad NOVEMBER 25 1997 , promos the Note Holder from possible losses which night resat if I do rtes keep the promisee which I make in Wig Noe. That Mortgage describes boar and under what conditions I may be required to make itmedum payment in fall of all amounts that I owe hider Wu Now. PENNSYLVANIA- SOCONOMORT"013-1/an- MU/FHIMCaNMRMffWMUAffifT ^ ra.iar `a:G1J. ...J15(Pa) iawm varuoarasrriosas.rwom-'run ire, Kt, n 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE I have the right to make payments of principal at any time before they arc due. A payment of principal only is (mown as a "prepayment." When 1 make a prepayment. I will tell the Note Holder in a letter this I am daryl so A prepaymtm of all of the unpaid principal is known as a "full prepayment." A prepayment of only pan of the unpaid principal is known as a "partial prepay.,, I may make a full prepayment or a partial prepayment without paying any penalty. The New Holder will tae all of my prepayments to reduce the amount of principal thou I owe under Wit Note If 1 make a partial prepaynaem, them will be no delays m the due dares or changes in the amounts of my monthly payments unless the Nom Hider agrees m writing it, those delays or changes. I may make a full prepayment at any time. If I choose to nuke a partial prepayment, the Note Holder may require me to male the prepayment on the same day don now of my monthly payments is due. The Note Holder may aim require that the amount of my partial prepayment be equal to the amount of principal that would have beta pan of my next new or more monthly paymctW. 7. BORROWER'S WAIVERS 1 waive my rights to require the Nme Holder to do ccrtam things. Those Wings are: (A) as demand payment of am mo, due (known a "presenumm"); (B) to give mum that amounts due have on: been paid (known as -notict of dhahomr"); (C) to obtain an official certification of oonpaymem (known as a "protest'). Anyone else who agrees to keep the promises made in tha Now, or who agrees in make payments to the Note Holder if I hill to keep my promises under this New. a who signs a" Now o mard&T it to mammon else aim waives these rights. These penom me known as "gua mots, smenet and endorsers." S. GIVING OF NOTICES a Any notice that most be given to me under this Now aall be given by delivering it or by mailing it by certified mail addressed ve me at the Property Address above. A notice will be delivered or mailed n me at a different address if I give the Now Holder a tome of my thffercrat address. Any notice that must be given to die Now Holder under this NOW will be given by walling it by certified mail to the Now Holder at the address stated in Section 3 above. A notice wh6 be mailed to the Nom Holder at a Wffescm address if 1 am given a notice of that different address 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Now, each of m is fully and personally obligated to pay the full amount owed and an kegs all of to promises made in this New. Any gossamer, surety, or endorser of this Note (aa described in Section 7 above) is also obligated to do those ddngs. The Note Holder may enforce its rights under this Now against each of us individually or against all of us wpdw This means dos any one of us may be required o pay all of am mantras mved under this Now. Any person who Mies over my rights or obligations under this New will have all of my rights and town keep all of my promises made m this Now. Any person who Mina over the rights or obligations of a guarammr, surety, or endorser of this Now (as described in Satan 7 shove) is also obligated te keep all of the promises made in this Mae. f u'. GARY R DILLMAN -eBxm er _ (Seal) -ISwmwer KATHLEEN L DILLMAN -11 cs , (seat) -am ewer (Sign Ongmad Only) A,...75(PA) maim r.. sou rRxwx Exhibit "B" 32 -7 51 CHASE MANHATTAN BANK.USA, N.A. C/O CHASE FINANCIAL CORPORATION OF PENNSYLVANIA DOCUMENT CONTROL UNIT M.K. FERGUSON PLAZA 1500 WEST THIRD STREET CLEVELAND. OH 44113.1406 App/Loan # 8800299979 parcel Number. '97 DEC 1 RIB 10 23 MORTGAGE THIS MORTGAGE is made this 25th day of NOVEMBER GARY R DILLMAN AND KATHLEEN L DILLMAN JOINT TENANTS CHASE MANHATTAN BANK USA. N.A. 1997 f -i L173y between the Mortgagor, (herein "Borrower"), and she Mortgagee, a corporation organized and existing under the laws of THE UNITED STATES OF AMERICA , whose address is C/O CHASE FINANCIAL CORPORATION OF PENNSYLVANIA, 250 WEST HURON. CLEVELAND, OH 44113.1451 (herein "Lender). WHEREAS, Burrower is indebted la Lender in the principal smo of U S. $93.500. 00 , which indebtedness is evidenced by Borrowers new dated NOVEMBER 25 1997 and eVessum a and renewals thereof (herein 'Nate'), providing for monthly installment of prirctpa) and tnhrest, with the balance of the iodebtednos, if not sooner paid, doe and payable on NOVEMBER 25 2012 TO SECURE to Lender the mpaym na of the indelacdoe s evidenced by [be Now, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the secunty of this Mortgage; and the performance of ft caveruata and agreements of Borrower herein contained. Borrower does hereby mortgage, gram and caovey to Lmder the fallowing described property located in the County of CUMBERLAND , Some of pmmylvama: which has the address of 373 BURGNERS ROAD Iaaeeq Pennsylvania 17013 (herein "property Address"); rmcode) pENNMVAN1A -SBOONDMORTGAOE-1/an- FNMA/FHI.MC UNIFORM INSTRUMENT [C-ty) CARLISLE. ?-76MV flan Fore 3M vtarrttaosasmwW.tmnm-mi G n 0 "' "°` ` ( took1419m 219 70GUFRU with all the improvements now or hereafter crated on the property, and all asements, rights, aPPurteoaaces and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together walk said property (or the leasehold arse if this Mortgage is on a leasehold) ate hereinafter referred in in the 'Property.' Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right as mortgage. grata said convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower coveaents that Borrower warrants and will defend generally de title m the Property against all claims and demands, subject to encumbrances of record UNIFORM COVENANTS. Harrower and under covering add agree as follows: 1. Payment of Principal and Inserts[. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the NOW and late charges as provided in the Note 2. Funds for Tuts and Insurance. Subject to applicable law or a wrimso waiver by Lender, Borrower shall pay m Lender ad the day monthly payments of principal and monist are payable under the Note, until the Note is paid in full, a tam (herein -Funds') equal in owtwelfsh of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may amin priority over this Mortgage and ground rents an the Property, if any, plus one-twelfth of yearly premium minesi eems far hazard inma nce, plus one-twdhh of yearly premium imtallmwts for mortgage imurance, if my, all as reasonably estimated initially and tram one to time by Lender an the bass of assessrnerm and bills and masombie estimates thereof. Borrower shall not be obligated to rake such psyawas of Funds to lender to the went that Borrower makes such payments m the holder of a prior mortgage or deed of asst Wench bolder m an wmmnonal leader. If Borrower pays Funds to Lender, the Funds shall he held in M institution tha deports in accounts; of which arc insured or guaranteed by a federal at sate agency Wading tender if lender is inch an matiomod). Lender shall apply the Funds in pry said times, assnsmearm, wuasce premiums and ground ream. Lender may sat charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assemmaas end bills, unless Lender pays Burmwer interest an the Funds and applicable law permits Lender to make such a charge. Harrower and Lender may agree in writing at the time of execution of this Mortgage that interest an the Fends sball be paid in Borrower, and uness such agreement is made or applicable law requires such interest to be paid, Leader shall nor be required to pay Burrower any iaerest or earnings an the Funds. Lender shall give to Borrower, without charge, m ammal accounting of rte Reds showing credrm and debits m the Funds and the purpose for which each debit to the Furst, was made. The Fords art pledged a additional security for the Mona secured by this Mortgage. If die ammam of the Funds held by Lender. together with the future monthly lmtallmenm of Funds payable prior as the dire dates, of times, amessamns, insurance, premiums and ground uses, shall exceed the summer required to pay aid taus, asseasmema, insurance premums and ground rams as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Burrower m credited to Borrower an monthly msmgmems of Fads. If the amoum of [be Funds held by Lender shall not be suificiem to pay tun, assessmenes, awrmce premiums and ground rents a they fill due. Borrower shall pay in Larder my around necessary as make up the deficiency in mac or mere payments as Lender may require. Upon payment in full of all sums secured by this Mortgage. lender shall promptly refund as Borrower my Funds held by Leader. If under paragraph 17 hereof the Property is said or the Property is Otherwise: acquired by Lender, Linder shall apply, no leer than immediately prior to the sale of the Property or im acquisition by lender, any Funds held by Linder M the nine of application as a credit against the haws seamed by this Mortgage 3. Application of Payments. Unfem applicable faw Provides otherwise, all payments received by Lender Order the Now and paragraphs l and 2 hereof shag be applied by Lender Bra in payment of amounts Payable to Lender by Borrower under paragraph 2 hereof, then to interest payable an the Nam, and then to the principal of the NOW. 4. Prior Mortgages and Dews of Trent; Charges; Liam. Borrower shall perform all of Borrower's obligations under say mortgage, deed of miss or other security agreement with a lien which has priority over this Mortgage, including Borrower's eovemma to make payments when due. Borrow" shall pay or cause in be paid ell taxes, assasmems and other charges, fines and impositions a ssibumble to fin Property which may amain a priority over this Mottpagc, and Icaaehold payments or ground rents, if mY. 5. Hazard insurance. Borrower shall keep use improvements now extsdng or hereafter erxmd an the Psperty iowttd against Ins by fire, hazards included within the ram 'cxfended wveragq' and such other hazards sa Lender may require and in such amounts and for such periods is, Lender may require. The assurance artier providing the insurance shall be chosen by Borrower subject to approval by Lender: provided, that such approval shall tot be unseasonably withheld. Ali insurance policy" and renewals thereof shall be in a form arpable to Lender and shall include a standard mortgage chase in favor of and in a toms acceptable to Lender. Lender shall have the right to hold the policies and marwals thereof, subject to the terms of ay mortgage, dad of trust or other security agreement with a Her which has priority over this Mortgage. FGM ^ .vza(PV a.n r.,r.ra r.o,a G i. 47 Kro- BOOK1419PAGE 220 19 the event of loss, Borrower shall give prompt mace to the insurance carrier and lender. Lender may male proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond in lender within 30 days from the date notice is nailed by fender to Burrower thin the insurance, carrier offers to scuk a claim for insurance benefits, Lender u authorized in collect and apply the insurance proceeds at lenders option other in reatomtion or repair of the Pmpeny in to the sums secured by this Mortgage 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Dewlepmenti. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property suit shag comply with the provision of my lease if this Mortgage is on a leasehehd. If this Mortgage is on a unit in a condomvoium or a planned unit development, Borrower shall perform all of Borrower's obligmam under the declaration or covenants creating or governing the condominium nor planned unit development, the by-laws and regulations of the condominium or planned unit development, and continent documents. 7. Protection of Lender's Security. If Borrower fails to Perform the caveoama and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects lender's interest in the Property, then Icader. at Lender's "lien, upon notice in Harrower, may male web appearaocca, disburse such sums, including reasonable auorncys' fees, and tWm such nAOn in is necessary to protect Lender's imercst If Lender required mortgage insurance ns a condition of malting the kart secured by this Mortgage. Borrower shall pay the premiums required to mammin such insurance in effect until such mere as the requirement for such insurance term o sus; in accordance with Banrowers and Lenders wrian agreement or applicable law. Any amounts disbursed by Leader pursuing to this paragraph 7, with interest thereon, at the Note cute, :ball become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and header agree in other terms of payment. such amain shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any exlemc or take any action hereunder. 9. Inspection. Lender may make or cause to be made reasonable ounce upon and impecnotu of the Property, provided that fender shall give Borrower notice prior in any such inspection specifying mouxuabk cause therefor related in Lendci s interest in dsc Property. 9. Condemnation. The proceeds of any award in clam for damages, direct or consequential, in connection with any condcummon or other taking of the Property, or part thereof, or for conveyance in lieu of conde®atim, are hereby assigned and shall be paid to Lender, mbjcct to the terms of any mortgage, deed of amt or other security agreement with a Ilen which bas priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the time for payment or modification of amcrmation of the sums secured by this Mortgage granted by Lender in any successor In mercet of Harrower shall not operate in rclase, in any owner, the liabduy of the original Sonbwer and Borrower's successors in interest. Lender shall cars be required to commence proceedings against such weceswr or refuse in amend time for payment or otherwise modify amortization of the sums soured by this Mortgage by reason of any demand made by the original Burrower and Borrower's successors in interest. Any forbearance by Leader in exercising any right in remedy hereunder, in otherwise afforded by applicable law, shall not be a mover of or preclude [be exercise of airy such right or remedy. It. Successors and Assigns Bound; Joint and Several Liability; Cosigners. The awaam and agreements herein contained shag bind, and the rights hereunder shall imm in. the respective successors and assign of lender and Borrower, subject m the provisions of paragraph 16 hereof. All coveau and agreement of Burrower shall be joint and several. Any Bor mover who co-sign this Mortgage, but does our execute the Note. (a) Is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property in Lender under got terms of ItA Mortgage, (b) is oar personally liable on the Now or under this Mortgage, and (c) agrees that lender and any other Borrower hereunder may agree to extend, modify, forbear. or vale my ether accommodations with regard re the ream of this Mortgage or the Noe without dot Borrower's consent and without releasing that Borrower or modifying this Mortgage as in that Borrower's interest in the Property. 12. Notice. Except for any nonce required under applicWc law to be given in another manner, (a) my notice in Borrower provided far in gets Mortgage shall be given by delivering it or by mating such notice by ttrtified mail addressed m Borrower X the Property Adders or at such other address as Borrower nay designate by notice to Leader as provided herein, and (b) my node in Lender shag be given by certified mail to Lenders address Stated herein or m such od= address as lends may designate by notice in Borrower as provided herein Any mice provided for in this Mortgage shall be deemed in an been given to Borrower or leader when given in the warmer designated herein. 13. Covexn(ng law; Severab'lity. The am and local laws applicable in this Mortgage shall be to lam of the jurisdiction in which the Property is located. Tbc foregoing sentence still not limit to applicability of federal law in this Mortgage. Ind the event that any provision or clause of this Mortgage or t4 Note conflicts with applicable law, such mni ies shall not anal other ^ PG YXV ,..,.rG(PA) osho sows r e-W HAD sookl419?aa 221 provisions of this Mortgage at the Not which cam be given ctfea without the cootlicting puorison, and to dais end ft provisions of this Mortgage and the Not are declared to be severable. As used berem, 'costs,' 'eapcmes' and 'attomays' fees' include all sums to the extent not prohibited by applicable law or limited henna. 14. Borrower's Copy. Borrower shall be famished a conformed copy of the Note and of this Mortgage at the tinge of execution or after recordation hereof 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under my home rehabilitation, improvement, repair, or other load agreement which Burrower a¢rs into with (.ender. (ender, at Lcodei s option, may require Borrower to execute and deliver w Lender, in a from acceptable to Tender. as ungnmrnt of my rights, claims or defenses which Borrower may have against parties who supply labor, materials or semecs in connection with imp mmusnals made to the Property. 16. T rardw of fir property aa Ber&rw intereit to Borrower. R all or any pan of the Propertyor arty mercn in g is acid or tiaosttmed (or if a beneficial interest in Borrower is sold or tran sferred and Bormwcr is nor a nstoral persm) without lender's prior written consent, Lender may, u is option, require imnxdiam payment in full of all sums secured by this Mortgage. However, this option shall rot be exercised by Lender if exercise is prohibited by federal law m of the dam of this Mongolic. Ir Lender exercises this option. Lender shall give Borrower nonce of acceleration The name shall provide a period of not less am 30 days (tam the date the nonce is delivered or traded within which Borrower most pay all sums secured by this Mortgage. If Borrower fads to pay treat suing prior to the expiration of this period, Lender may involve any remedies permitted by this Mostgagc without further notice or demand un Borrower. NON-UNIFORM COVENANTS Borrower and leader further caveman and agree a follows: 17. Acceleration; Remedies. Upon Borrower's breach of any, covenant or agreement of Borrower in ride Mortgage, including the covenants to pay whin due any sums secured by Nb Mortgage, Lander prior to acceleration shall give notice to Borrower as provided by applicable law specifying, among other things: (1) the breach; R) the action required to care sach breach; (3) a date, got leas than 30 days from due date the notice b mailed to Borrower, by which such breach mot be cured; and (d) that failure to cure such breach no ear before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and We of the Property. The notice shall further inform Borrower of the right to reinstate after accekntio , and the right to assert in the forecomee proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach Is not cured an or before the date specified in the notice, leader, at Lender's option, may declare all of the sans secured by this Mortgage to be immediately due and payable without further demand and may foreclose Nis Mortgage by judicial poweedmg. Lender shall be emitted to collect In such proceeding all expeasm of foreclosure, including, but not limited to, reamoable arsoroeya' fees, and casts of docmmentary evidence, abstracts and this reports. 18. Borrower's Right to Reinstate. Notwulmaodimg lender's acceleration of du: sums accused by this Mortgage duc to Borrower's breach, Borrower shall have the right m have any proceedings begun by lender to enforce dug Mortgage discontinued at any die prior to at least one hour before the comtncrcemem of bidding at a sheriff's ask or other sale pursuant ca this Mongolic it. (a) Borrower pays Lender all sums which would be dmn due under this Mortgage and the Note had an acceleration occurred; (b) Borrower cures all breaches of any other cavernous or agreements of Borrower coneamed in this Mortgage; (c) Borrower pays all rensmable expenses incurred by lender in enforciry the Levrnang and agreements of Borrower contained in this Mortgage and in enforcing Leader's remedies as provided In paragrapdh 17 hereof, including, but not limited in, rwsombic anorays' fees; and (d) Borrower takes such acdod a lender may reasonably require to more that des lien of this Mortgage, Lender's intuit in the Property and Borrowers obligation in pay the sums secured by Nis Mortgage shall continue unimpaired. Upon such {aynaen and ante by Borsowcr, this Mortgage and the obligations =red hereby shell remain in fall foucc and eHcct as if m acceleration And occurred. 19. Agsiga t of Rents; Appooage al of Receiver; Lender in Possession. As additional security hereunder, Brouwer hereby insigne to Lcoder the mans of the Property, provided dm Bormwtt shall, prior m acceltratim under paragraph 17 hereof or abandonments of the Property, have the right in collect Load retain such heats as they become due and payable. Upon acceleration under paragraph 17 hereof or abandmmem of the Property, Leader, in person, by agent or by judicially appoimkd receiver shall be cnNled m emrer upon, Lake possession of and manage the Property and to coflcct the rem of the Property including thou put dux. All awn collected by Tender or the receiver shall be applied that to payment of the ought of man cogent of the Property and collection of cents. Including, but rot limited to, receiver's fees, toreuumu an recemes bonds and reasonable morneys' fees, and then m the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for ihosc ram actually received. 20. Release. Upon payment of all miss secured by this Mortgage, leader shall discharge this Mortgage without charge to Borrower. Banosver shall pay all cosg of recordation, if any 21. Interest Rate After Judgment. Borrower agrees tlat tbe interest ran payable after a Judgment is entered an the Now or in an action of mortgage foreclosure star be the ran stated in the Not _ ^,76(PA) flaw noses ruxP? Kl 1100111419ra 222 REQUESF FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower sod Leader request the holder of any mortgage, deed of trust or odtm eucumbsance with a hen which has priority over this Mortgage to give Nose to tender, u L.euder•s address set forth oo page one of this Mortpge, of any default under the superior encumbrance and of my sale or other foreclosu Waction. IN WITNESS WHEREOF, llovNrv r has executed this Mortpge. J Witnesses: A ?I DD lwmwer 11? GARY R'DILLMAM KATHLEEN L DILLMAN Bo mxer rse,n - ilrowa - Bomm er (Mgn Ongsnal Only) Certiflesse of Realdeoce 1. . do hereby certify dam the comes address of the within-ncmed Leader is CHASE MANHATTAN BANK USA. N A. C/O CHASE FINANCIAL CORPORATION OF PENNSYLVANIA CIO CPC - 250 WEST HURON, CLEVELAND, OR N70 W imess my band this c,26 K- day of X1101). 1947 . ? lI 4r? r1 , ' ARM or leader COMMONWEALTH OF PENNSYLVANIA, WNLLG<?Q?? County ss: On this. the 25th day of NOVEMBER 1997 . before me, the tmdessigned officer, personally appeared GARY R DILLMAN AND KATHLEEN L DILLMAN JOINT TENANTS ]mown in use (or satufmorily proven) to be the person 5 wbm name 5 subscribed R, the within untri mein sod acknowledged that executed she same for the purposes herein comlmd W WfINFSS WHEREOF. I Ixsenno act my hand aced officill Sell My Cormanisslon Expires: Tab of Olfser 1 gohrnJ Oo?YOmu N? ry pubgp CtdBle Boor, CumWdantl 0911? aN TammNe6n F?rea Apol n, t9RB ?,..76(PA) ao w sws Form 3139 eookUi9rm 223 Penn Title Insurance Company Our No. PT4734 ALL that certain tract of land situate In Lower Frenkford Township, Cumberland County, Pennsylvania, bounded and described In accordance with a survey by Noel B. Smith, R. S. , dated June 21, BEGINNING at a stake in the ranter of Township Road, TA57 said stake being also the northeast comer of lands of R. Wayne Stouffer, at us; thence along the center of the aforesaid Township Road, S. 86 degrees East 2110 feet to a stake on the western side of a 30 foot wide right-of -way; thence along the westem side of said rightof?vay, S.2 degrees 5T West 300 feet; thence continuing along said rlgtdof6way, N 86 degrees West 200 Test to a stake at the south east comer of lands of R. Wayne Stouffer. at ux; thence along the eastern line of R. Wayne Stouffer, at Ux. N 2 degrees Sr East 300 feet to the place of beginning. Containing 1.377 Acres. THE grantees herein have a right of Ingress and regress In common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the tamer of Township Road TA57, said stake being at the northeast comer of lands of Gary Dlllman; thence extending along the eastern line of lands of Gary Dlllman S 2 degrees 57, W 300 Iset; thence along lands of Gary Dlllman and R. Wayne Stouffer, N 86 degrees West 350 Net to lands of L Lehman, said rightof- way Is of an even width of 30 feet for the entire length of the rightof-way. Being the same premises which Vernon E. WiCkard and Gladys M. Wickard by deed dated 7IW71 and recorded in the Office of the Recorder of Deeds of Cumberland County in Dead Book Volume E24, page 239, granted and conveyed unto Gary R. Dlllman and Kathleen L. Dillman, husband and wife. Boost Mnm 224 Schedule C Description of Premises ALTA COMMMMEW VERIFICATION Christina Trowbridge . Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. O udtv Assistant S retarv Christina Trowbridge' ? i ,? kL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, vs. TYPE OF PLEADING GARY R. DILLMAN and KATHLEEN L. DILLMAN, PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 the last known address of Defendants is: 373 Burgners Road Carlisle, PA 17013 GRENEN & BIRSI'C,, P.C. 4-c?(6... Attorneys for Plaintiff FILED ON BEHALF OF PLAINTIFF: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Gary R. Dillman and Kathleen L. Dillman, in the amount of $94,203.26, which is itemized as follows: Principal $86,101.64 Interest to 3/31/06 $ 4,001.95 Late Charges to 3/31/06 $ 252.67 Escrow Deficiency to 3/31/06 $ 0.00 Corporate Advances $ 97.00 Attorneys' Fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $94,203.26 with interest on the principal sum at the rate of $21.23 per diem (as may change from time to time in accordance with the terns of the Note) from March 31, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: 6 L A C Kristine M. Anthou, Esquire Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this Jt `dray of 2006. Rotary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seel ENzabeth M, Paiaw, Notary Public City Of Pittsburgh, Allegheny CwltY My Comma Expires Jan. 6, 2008 Member. Pennsylvania Association Of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, DWa THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. TO: Gary R. Dilhnan 373 Burghers Road Carlisle, PA 17013 DATE OF NOTICE: March 20, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERL AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE 800-990-9108 FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & B/IRSSIC, P.C. By-,, ( ?. A eys for Plainti One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. TO: Kathleen L. Dillman 373 Burgners Road Carlisle, PA 17013 DATE OF NOTICE: March 20, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERL AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE 800-990-9108 FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRS C, C. BY: A clY/ Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ? ? ?? c? ? ? ? ? w ? a,? .Cc -o _. , _ ? ', ; , ;: . ? r' ?'` - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Gary R. Dillman 373 Burgners Road Carlisle, PA 17013 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on Ip ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $94,203.26 with interest on the principal sum at the rate of $21.23 per diem (as may change from time to time in accordance with the terms of the Note) from March 31, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. ? J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: Kathleen L. Dillman 373 Burgners Road Carlisle, PA 17013 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $94,203.26 with interest on the principal sum at the rate of $21.23 per diem (as may change from time to time in accordance with the terms of the Note) from March 31, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 6 -') 7 `6 PRAECIPE FOR WRIT OF EXECUTION Caption: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. VS. Gary R. Dillman and Kathleen L. Dillman TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment V/ (xx) Other File No. 06-1042 Amount Due $94,203.26 Interest $ 3,861.09 (from 3/31/06 to Sale) Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, 373 Burgners Road, Carlisle PA 17013 (see attached legal description) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 0 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date /? Signature: Print Name Address: Attorney for: Kristine M. Anthou Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 77991 (over) <.a n _0'-4 `S7 r T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. LONG FORM DESCRIPTION ALL that certain tract of land situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a surveyby Noel E. Smith, R.S., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T-457, said stake being also at the northeast corner of lands of R. Wayne Stouffer, et ux; thence along the center of the aforesaid Township Road, S 86° East 200 feet to a stake on the western side of a 30 foot wide right-of-way; thence along the western side of said right-of-way, S 2° 57' West 300 feet; thence continuing along said right-of-way, N 86° West 200 feet to a stake at the southeast corner of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux, N 2° 57' East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019 THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the center of Township Road T-457, said stake being at the northeast corner of lands of Gary Dillman; thence extending along the eastern line of lands of Gary Dillman S 2° 57' West 300 feet; thence along lands of Gary Dillman and R. Wayne Stouffer, N 86° West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. r Ar. BEING the same premises which Vernon E. Wickard and Gladys M. Wickard, by Deed dated July 9, 1971 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 9, 1971, at Deed Brook Volume E24, Page 239, granted and conveyed unto Gary R. Dillman and Kathleen L. Dillman. GRENEN & BIRSIC, P.C. By. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 4^j _ .a `?I L L < WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-1042 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N A F/K/A THE CHASE MANHATTAN BANK, USA, F/K/A THE CHASE MANHATTAN BANK, USA, N A Plaintiff (s) From GARY R AND KATHLEEN L. DILLMAN, 373 BURGNERS ROAD, CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCCAED AT 373 BURGNERS ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,203.26 Interest FROM 3/31/06 TO 9/6/06 - $3,861.09 Arty's Comm % Atty Paid $130.79 Plaintiff Paid Date: APRIL 27, 2006 L.L. $.50 Due Prothy $1.00 Other Costs 'CURT *OXG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQ. Address: ONE GATEWAY CENTER, 9"H FLOOR PITTSBURGH PA 15222 Attorney for: PLAINTIFF Telephone: (412) 281-7650 Supreme Court ID No. 77991 r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., flk/a The Chase Manhattan Bank, USA, f/kla The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Bank USA, N.A., DWa The Chase Manhattan Bank, USA, Mda The Chase Manhattan Bank, USA, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. 1. The name and address of the owners or reputed owners: Gary R. Dillman 373 Burgners Road Kathleen L. Dillman Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Gary R. Dillman 373 Burgners Road Kathleen L. Dillman Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A., f/k/a The Chase [PLAINTIFF] Manhattan Bank, USA, fWa The Chase Manhattan Bank, USA, N.A. 4. The name and address of the last record holder of every mortgage of record: Chase Bank USA, N.A., fWa The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. [PLAINTIFF] TMS Mortgage, Inc., d/b/a The Money Store Empire Funding Company Household Realty Corporation 4612 Street Road Trevose, PA 19053 9737 Great Hills Trail Austin, TX 78759 25 Gateway Drive, Suite 107 Gateway Square Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Welfare P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. GRENEN & BIRSIC, P.C. By: Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed betvore me this L- day of lJ 2006. Notary Public .:; )?dIACNWEALTH OF PENNSYLVA._ .. Notarial Seal ?- Rebecca G. 81azina, Notary PUM c C, Of Piffsburgh, Allegheny Cosy r C-: mission Expires June 22J37 _.- .. sNvpruaAS?°. -----' rh CIO J .J? u N '?G r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Mda The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Gary R. Dillman 373 Burghers Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on September 6, 2006 at 10:00 A.M., the following described real estate, of which Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., fWa The Chase Manhattan Bank, USA, f/kla The Chase Manhattan Bank, USA, N.A., Plaintiff, vs. Gary R. Dillman and Kathleen L. Dillman, Defendants, at Execution Number 06-1042 in the amount of $98,064.35. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: 2:? -V 1. LA- ( &' A-. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 I C'j n > c o L? T f " __ C:J c5{ y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., FWa The Chase Manhattan Bank, USA, 910a The Chase Manhattan Bank, USA, N.A., Plaintiff, vs. NO.: 06-1042 GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Kathleen L. Dillman 373 Burguers Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on September 6, 2006 at 10:00 A.M., the following described real estate, ofwhich Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., DVa The Chase Manhattan Bank, USA, EWa The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. Gary R. Dillman and Kathleen L. Dillman, Defendants, at Execution Number 06-1042 in the amount of $48,064.35. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: - @ Lc r-d( 64 Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ? ?, ?_.> ca . ,.. es+ ` ?? 7?" --?t T T -cirri - ra ,;.r - ,? < y , { ?_;. -, C? =t ?„? `o ? L? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 373 Burgners Road, Carlisle, Pennsylvania 17013 are Defendants, Gary R. Dillman and Kathleen L. Dillman, who reside at 373 Burgners Road, Carlisle, Pennsylvania 17013, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS /3ADAY OF U- , 2006. Notary Public ?:-OMMONWEALTH OF PENNSYLVArNotarial Seal -- R=G. Blazina, Notary Public C: - JP PUSburgh, Allegheny Cc;;_- )j c?,?1,C-tzL sir <c?? ?c.,C.?C At n ? ri f:. ?, ?. %, C? _? ?? 'r , w ?'? Y? 'Y ? ? .? .?? u? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, flk/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, Vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P S 101 ET SEO AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on December 29, 2005, Defendants were mailed combined Act 9]„and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. L" ??.?i, L SWORN TO AND SUBSCRIBED BEFORE ME THI$ ff/, ,SA?? DAY OF 2w. Notary Public COMMONWE!1TH OF PENNSYLVAN I Notarial Seal Rebecca G. BI Nd Public CiyOfPttsbu ?aleghenyCc::r.,y 4,,-c:, -,rnissan Expires June 2, 2,07 C) D G= m -n 11r'. Y -`-I N ^- fT+ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01042 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA NA VS DILLMAN GARY R ET AL DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GARY R DEFENDANT was served upon the , at 1205:00 HOURS, on the 25th day of February , 2006 at 373 BURGNERS ROAD CARLISLE, PA 17013 GARY R DILLMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 .00 32.79 So Answers: R. Thomas Kline 02/27/2006 GRENEN & Sworn and Subscribed to before By: me this cR(Ai day of A. D. Pro no ary I IV CASE NO: 2006-01042 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA NA VS DILLMAN GARY R ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DILLMAN KATHLEEN L the DEFENDANT , at 1205:00 HOURS, on the 25th day of February , 2006 at 373 BURGNERS ROAD CARLISLE. PA 1701 KATHLEEN L DILLMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So Answers: R. Thomas Kline Thomas Kline d 02/27/2006 GRENEN & Sworn and Subscribed to before By: me this a « day of ?V?twav - t7U (p A.D. Prot tary L ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. CIVIL DIVISION NO.: 06-1042 0 N cT. r ? O TYPE OF PLEADING J i rl Pa. R.C.P. RULE 3129.2(c) -T t AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS rn ti 4 - FILED ON BEHALF OF PLAINTIFF: Chase Bank USA, N.A., fVa The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 09/06/06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., NO.: 06-1042 Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. Pa RCP RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 6, 2006 as follows: Gary R. Dillman and Kathleen L. Dittman are the owners of the real property and have not entered an appearance of record. 2. By letter dated April 18, 2006, the undersigned counsel served Defendant, Gary R. Dillman, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 373 Burgners Road, Carlisle, PA 17013. On or about April 22, 2006, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff s Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. 3. By letter dated April 18, 2006, the undersigned counsel served Defendant, Kathleen L. Dillman, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 373 Burgners Road, Carlisle, PA 17013. On or about April 21, 2006, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff s Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY: ?'o C C &t Ld- c Kristine M. Anthou, Esgi re Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS _JA DAY OF 2006. - rt ', AVk I'V-' -- Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ellzabati, M. Pavan, Notary Public heny County City Of Plfturgh, Age, My Cornmissim Expires Jan.6, 2008 Member. Pennsylvania Association Of Notaries Exhibit "A" W.. Me CERTIFIEC (Domestic Mail Or M V F -F '° vaeleg. i M CwMd Fee C3 J:: M erMReWteM M Reeelcled DeAvery Fee " v t6bwaenem zreat, CO ru 7hW Pnluaafl Feew 4 ¦ ConpheM hems t, 4 wrd 3. Also ompble Item d V RaWded DdWarY M d$*W. ¦ Pdrd your rwm and address an the reveres w thews oral ream the owd to you ¦ Attach this owd to the beck of the trmlplw% or cn the trout H space pemtne. t. MlleM&"ndta Gary >?. Dillmc?r7 ?u+1nrrs IPaccc! ,373 Carlislh°, PA 1701.E PoebnYk Hen NOS 411$104 L/ O Paue X:ftz ? Ache a. ReoNwd by(P~Nervy C. P)"otpM D.hdeMyatlAewdplwekeomeeml7 uvw eYFb,arawd*myafkYaerbebee 13 No 8. S.rMa.+we ?0 «rl?ed Idol -G h'wM M d OR, I I Raban Recdpttor t wdwv* 1 1. PA*k ed DeMa,R 05Ma Fey XYie 2MWBN=ger 7004 2890 Oaaa 6013 2790 MwmibrftwwA *MW Ps Form 3611, Fehvwy m - oarnedlo Ruben Reoelpt 10201e.01~1 UNITED STATES POSTAL SERVICE HARRISBURG FIA 1 11 R 22 AJAR 2006 PM 2 Fe Sender: Please print your name, address, and GRENEN & SM10 ONEGATEWAYCENTER WEWM PITTSOLWO ,FATS 2t L 2.?n 1' C-to box Nos Exhibit "B" A . 01 0 0 F F I Q I A L usE n $ 3q poatp °o c«wba No -2,40 13 Pwon" Rem R O lE+ao?ewnem ?Wrefted) Fkn r?4 3. 0 co TOW PootWo $ y Nos yjislo S '75-721L C3 o h! e? n-_?u- Dillmcun - -_ cr4:".' W1151C PA 11013 I SENDER: COMPLETE COMPLETE - e/ Ran 4 N ResMft= lt o ad ? Ddywy Print your rrarraend addarae on tla reverse NELPAOLWd 0 Ayent so that we cm rsberrthe card to you. amq a Ddle of Dwwr ¦ Attadl tide card to the b@Dk of the mdow% or an the trait H c apme penMb j (`?d 1. *Bob A eow t« a MdMeerY ed3aee danw,ttnan km l? O Yes If M anlx ddrery eddies below: 0 No OAIeen L. D?llrnan 373 gu rgneo ko f (arllslet PA 17013 Md 0f3?,aar Md O ? Q QR O? Rao Ipt kr Mwdwo 4. Reetrlohd Dslwry! fBa4e F+•1 14s 2 Ar" m*x 1bw 7004 2896-d(11313'603:3-28136 ' (IhreAr,tom aerate Ir5e6 Ps Form 9811. February 2004 Doi MW Reran Rfoi ?aeaeso¢a?te UNITED STATES POSTAL SERVICE ra ae HARRISBURG PA. 17 USPS E P G-10 ."`i 1 APR 2006 PM 2 • Sender. Please print your name, address, and ZI m this box i enE "i ONE BATIM t;E11141? W WW PIIT66U M M 16421 " I I olo6 QC49? 75- 727 ? ?.i'1 L x W _?a i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. SALE DATE: 09/06/06 TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows 1. By letters dated April 18, 2006, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: KristiM. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS (,A DAY OF 2006. tary Public COMMONWEALTH OF PENNSYLVANIA Notadal Seel Elizabeth M. Paiano, Notary Po?Wic City Of Pittsburgh, Allegheny County My Commission EOres Jan. 6, 2008 Member, Pennsylvania Association Of Notaries y .., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., VWa The Chase Manhattan Bank, USA, f Wa ' The Chase Manhattan Bank, USA, N.A., +l Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DII.LMAN, . Defendants. NO.: 06-1042 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Bank USA, N.A., bWa The Chase Manhattan Bank, USA, fWa The Chase Manhattan Bank, USA, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. i I. The name and address of the owners or reputed owners: Gary R. Dillnum Kathleen,,L. Dillman 0 373 Burgneis Road Carlisle, PA 17013 2. The name and address of the defendants in the judgment: i Gary R, Lipman 373 Burghers Road Kathleen L. Dillman Carlisle, PA 17013 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A., f/k/a The Chase [PLA,IIUIFF] Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. 4. The name and address of the last record holder of every mortgage of record: Chase Batik USA, N.A., Mda The Chase [PLAINTIFF] Manhattan Bank, USA, flk/a The Chase Manhattan Bank, USA, N.A. TMS Mortgage, Inc., d/b/a 4612 Street Road The Money Store Trevose, PA 19053 Empire Funding Company Household Realty Corporation 9737 Great Hills Trail Austin, TX 78759 25 Gateway Drive, Suite 107 Gateway Square Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: Cumberland' County Domestic Relations PA Dept. Of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Welfare P.O. Box 320 Carlisle, PA 17013 P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be' affected by the sale: NONE ?t I verify that the statements maide in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unworn falsification to authorities. GRENEN & BiRSIC, P.C. By Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this day of 2006. Notary Public COMMONWEALTH OF PENNSYLVA'+G, Notarial Seal .._ Rebecca G. alaana, Notary Public MY OfPittsWO. Ale*" Co-^y %''C-.-,'M si0nEVWWJune2,007 g' t71 R r] M 7 m L tT ? G 01 c C 0y7 n mac. m?' c3 m ? X0. m 3 m y ?,f W e _m ro s 'A 7 D .ate" w p0 N W n 03 n s W m g p m" N y, J j' QQQQQ tr •0 w D N QQQO lilt wo ^+ w s is m tD _ 41 tW0 ? ? R $ CO ? O 0 r a??$?? t pi gg A 4 ab c p ? ? ?A M w?, =fit i M 1L ??1 Q n ?; ?, ?,, .,? ' ` i. c . ...< ..n ('Yi .? r? ?='_. -+? -„ ?? ; Y ? ? C ` Chase Bank USA, N.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Gary R. Dillman and Kathleen L. Dillman Writ No. 2006-1042 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2006 at 3,:44 o'clock PM, 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 defendants, to wit: Gary R. Dillman and Kathleen L. Dillman, by making known unto Gary R. Dillman and Kathleen L. Dillman, personally at 54 East Main Street, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to them the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2006 at 2:55 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, PA 17013 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: Gary R. Dillman and Kathleen L. Dillman by regular mail to their last known address of 54 East Main Street, Newville, Cumberland County, Pennsylvania. These letters were mailed under the date of June 26, 2006 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kristine Anthou. Sheriff's Costs: Docketing $30.00 Poundage 18.01 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 19.36 Levy 15.00 Surcharge 30.00 Law Journal Patriot News Postpone Sale Share of Bills 407.00 348.80 20.00 19.31 n $938.98 ? `/ So Answers: R. Thomas Kline, Sheriff BY %SL?? Real Estate rgeant f+ 5 ck 44OFo l /.F67 b 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, Vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. 1. The name and address of the owners or reputed owners: Gary R. Dillman Kathleen ;L. Dillman 2. The name and address of the defendants in the judgment: Gary R. Dillman Kathleen L. Dillman 373 Burgners Road Carlisle, PA 17013 373 Burgners Road Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A., f/k/a 'The Chase [PLAINTIFF] Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. , 4. The name and address of the last record holder of every mortgage of record: Chase Bank USA, N.A., Vk/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. TMS Mortgage, Inc., d/b/a The Money Store [PLAIN'T'IFF] 4612 Street Road Trevose, PA 19053 Empire Funding Company Household Realty Corporation 9737 Great Hills Trail Austin, TX 78759 25 Gateway Drive, Suite 107 Gateway Square Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Welfare P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that - false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. GRENEN & BIRSIC, P.C. By: Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 3 1 day of P Ld 2006. Notary Public C. MMONWEALTH OF PENNSYLVX, Notarial Seal Rebecca G. Blazina, Notary Public G; ;. Of Pittsburgh, Allegheny Cc:.,,-y F, A C?.'ImLSSion Expires June 2,2 ?07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, flk/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Kathleen L. Dillman 373 Burguers Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the i Cumberland County Courthouse Commissioners Hearing Room, 2" d Floor 1 Courthouse Square Carlisle, PA 17013 on September 6, 2006 at 10:00 A.M., the following described real estate, of which Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DELLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., BWa The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. Gary R. Dillman and Kathleen L. Dilhnan, , Defendants, at Execution Number 06-1042 in the amount of $98,064.35. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 , .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Gary R. Dillman 373 Burghers Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2'd Floor 1 Courthouse Square Carlisle, PA 17013 on September 6, 2006 at 10:00 A.M., the following described real estate, of which Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. v The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. Gary R. Dillman and Kathleen L. Dilinan, , Defendants, at Execution Number 06-1042 in the ;amount of $98,064.35. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: t-0'xy Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. LONG FORM DESCRIPTION ALL that certain tract of land situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a surveybyNoel E. Smith, R.S., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T-457, said stake being also at the northeast corner of lands of R. Wayne Stouffer, et ux; thence along the center of the aforesaid Township Road, S 86° East 200 feet to a stake on the western side of a 30 foot wide right-of-way; thence along the western side of said right-of-way, S 2° 57' West 300 feet; thence continuing along said right-of-way., N 86° West 200 feet to a stake at the southeast comer of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux, N 2° 57' East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019 THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the center of Township Road T-457, said stake being at the northeast comer of lands of Gary Dillman; thence extending along the eastern line of lands of Gary Dillman S 2° 57' West 300 feet; thence along lands of Gary Dillman and R. Wayne Stouffer, N 86° West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. BEING the same premises which Vernon E. Wickard and Gladys M. Wickard, byDeed dated July 9, 1971 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 9, 1971, at Deed Book Volume E24, Page 239, granted and conveyed unto Gary R. Dillman and Kathleen L. Dillmr.an. GRENEN & BIRSIC, P.C. By: Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-1042 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N A F/K/A THE CHASE MANHATTAN BANK, USA, F/K/A THE CHASE MANHATTAN BANK, USA, N A Plaintiff (s) From GARY R AND KATHLEEN L. DILLMAN, 373 BURGNERS ROAD, CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCCAED AT 373 BURGNERS ROAD, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,203.26 Interest FROM 3/31/06 TO 9/6/06 - $3,861.09 Atty's Comm % Atty Paid $130.79 Plaintiff Paid Date: APRIL 27, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS ONG Prothonotary By: REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQ. Address: ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH PA 15222 Attorney for: PLAINTIFF Deputy Telephone: (412) 281-7650 Supreme Court ID No. 77991 Real Estate Sale # 32 On May 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 3 73 Burgners Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17, 2006 By: Real Estate Sergeant E Z :b d S - OW 9001 (3 3 ?18311S III A 301JJO Q PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 21, July 28, and August 4, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, WORN TO AND SUBSCRIBED before me this 4 day of August. 2006 NOTARIAL" SEAL - LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Corrmission Expires March 5, 2009 REAL. ESTATE SALE NO. 32 Writ No. 2006-1042 Civil Chase Bank USA N.A. f/k/a The Chase Manhattan Bank USA f/k/a The Chase Manhattan Bank, USA, N.A. VS. Gary R. Dillman and Kathleen L. Dillman Atty.: Kristine Anthou LONG FORM DESCRIPTION ALL that certain tract of land situ- ated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a survey by Noel E. Smith, R. S., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T-457, said stake being also at the northeast corner of lands of R. Wayne Stouffer, et ux; thence along the center of the aforesaid Township Road, S 86° East 200 feet to a stake on the west- em side of a 30 foot wide right-of- way; thence along the western side of said right-of-way, S 2° 57' West 300 feet; thence continuing along said right-of-way, N 86° West 200 feet to a stake at the southeast cor- ner of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux, N 2° 57' East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019. THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the center of Township Road T-457, said stake being at the northeast comer of lands of Gary Dillman; thence extending along the eastern line of lands of Gary Dillman S 2° 57' West 300 feet; thence along lands of Gary Diilman and R. Wayne Stouffer, N 86° West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. BEING the same premises which Vernon E. Wickard and Gladys M. Wickard, by Deed dated July 9, 1971 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 9, 1971, at Deed Brook Volume E24, Page 239, granted and conveyed unto Gary R. Dillman and Kathleen L. Dillman. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 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. PUBLICATION ................... .TH.. F ...... tVA7JIA COPY Sworn to and ed efore me thi. S A L E #32 Terry L. Russell, Notary public City Ot rris WT. Dauphin County my ission es June 6, 2010 Member ennsyl ' Association of Notaries ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ai. .:?y, .. W THE COURT OF CWMON PLEAS OF CUMBERLAND COLWTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. VS. Gary R.-Dillman and ,-,-.Kathleen L. Dillman ( ) Confessed Judgment (xx) Other File No. 06-1042 Amount Due $94,203.26 Interest $15,243.78_ (from 3/31/06 to Sale) Atty's Comm costs ..TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 373-Burgners Road, Carlisle, PA 17013 (see attached legal description) PRAECIPE FOR ATTACHMENT EXECUTION issue-writ of-attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 1?2 iy e Signature: } Z Print Name: Kristine M. Anthou Address: Gmnen & Birsic, PC ne a way en er Nine es sburgh PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 77991 (over) 44- V Ir fi NNj V Lrl ? ? t 1 ? ' , fJ`rJ r C a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. LONG FORM DESCRIPTION ALL that certain tract of land situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a surveybyNoel E. Smith, R.S., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T-457, said stake being also at'the northeast corner of lands of R. Wayne Stouffer, et ux; thence along the center of the aforesaid Township Road, S 86° East 200 feet to a stake on the western side of a 30 foot wide right-of-way; thence along the western side of said right-of-way, S 2° 57' West 300 feet; thence continuing along said right-of-way, N 86° West 200 feet to a stake at the southeast corner of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux, N 2° 57' East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019 THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the center of Township Road T-457, said stake being at the northeast corner of lands of Gary Dillman; thence extending along the eastern line of lands of Gary Dillman S 2° 57' West 300 feet; thence along lands of Gary Dillman and R. Wayne Stouffer, N 86° West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. BEING the same premises which Vernon E. Wickard and Gladys M. Wickard, by Deed dated July 9, 1971 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 9, 1971, at Deed Book Volume E24, Page 239, granted and conveyed unto Gary R. Dillman and Kathleen L. Dillman. GRENEN & BIRSIC, P.C. BY. Kristi M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1042 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N.A., F/K/A THE CHASE MANHATTAN BANK, USA, F/K/A THE CHASE MANHATTAN BANK, USA, N.A., Plaintiff (s) From GARY R. DILLMAN AND KATHLEEN L. DILLMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,203.26 L.L. Interest $15,243.78 (FROM 3/31/06 TO SALE) Atty's Comm % Atty Paid $1082.27 Plaintiff Paid Due Prothy $1.00 Other Costs Date: DECEMBER 27, 2006 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER NINE WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Deputy . ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, vs. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NO.: 06-1042 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. 1. The name and address of the owners or reputed owners: Gary R. Dillman 373 Burgners Road Kathleen L. Dillman Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Gary R. Dillman 373 Burgners Road Kathleen L. Dillman Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A., f/k/a The Chase [PLAINTIFF] Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. 4. The name and address of the last record holder of every mortgage of record: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. [PLAINTIFF] TMS Mortgage, Inc., d/b/a The Money Store Empire Funding Company Household Realty Corporation 4612 Street Road Trevose, PA 19053 9737 Great Hills Trail Austin, TX 78759 25 Gateway Drive, Suite 107 Gateway Square Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Department of Welfare Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. Kris6e M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this day of2006. Notarq?Tublic COMMONWEALTH OF PENNSYLVANIA ?- Notarial Seat Elizabeth M. Paiano, Notary Public City Of Pittsburgh Allegheny County My Commission Expires Jan. 6, 2008 Member, Pennsylvania 4ssnc ia!inn Of Notaries ? ?.? -- _a a r ? --f _ -- - ? ,, _ ?tit '? :??.7 ??? ..? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 373 Burgners Road, Carlisle, Pennsylvania 17013 are Defendants, Gary R. Dillman and Kathleen L. Dillman, who reside at 373 Burgners Road, Carlisle, Pennsylvania 17013, to the best of her information, knowledge and belief. v U-L SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY 01` "t 2006. Notary ublic COMMONWEALTH OF PENNSYLVANIA LNNootaadal Seal Elixabet, Notary Pu blic City Of Pilegheny County My Commires Jan. 6, 2008 Member, Pennsylvania Association Of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on December 29, 2005, Defendants were mailed combined Act 91 and Act 6 Notices, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. SWORN TO AND SUBSCRIBED BEFORE ME THIS AA DAY OF , 2006. Not Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Paiano, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Jan. 6, 2008 Member, Pennsvlvania Assoclation Of Notaries ., ? =' ?__ _- -, -?, -.,? ._s .: -- ,, - ?.?, ,? _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Gary R. Dillman 373 Burgners Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2°d Floor 1 Courthouse Square Carlisle, PA 17013 on June 13, 2007 at 10:00 A.M., the following described real estate, of which Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. Gary R. Dillman and Kathleen L. Dillman, Defendants, at Execution Number 06-1042 in the amount of $109,447.04. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By' Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 I A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NO.: 06-1042 LONG FORM DESCRIPTION ALL that certain tract of land situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a surveybyNoel E. Smith, R.S., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T457, said stake being also at the northeast comer of lands of R. Wayne Stouffer, et ux; thence along the center of the aforesaid Township Road, S 86° East 200 feet to a stake on the western side of a 30 foot wide right-of-way; thence along the western side of said right-of-way, S 2° 57' West 300 feet; thence continuing along said right-of-way, N 86° West 200 feet to a stake at the southeast corner of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux, N 2° 57' East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019 THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the center of Township Road T-457, said stake being at the northeast corner of lands of Gary Dillman; thence extending along the eastern line of lands of Gary Dillman S 2° 57' West 300 feet; thence along lands of Gary Dillman and R. Wayne Stouffer, N 860 West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. h 1 BEING the same premises which Vernon E. Wickard and Gladys A Wickard, byDeed dated July 9; 1971 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 9, 1971, at Deed Book Volume E24, Page 239, granted and conveyed unto Gary R. Dillman and Kathleen L. Dillman. GRENEN & BIRSIC, P.C. By. PLC :C?t-c. Kristi M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Kathleen L. Dillman 373 Burgners Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on June 13, 2007 at 10:00 A.M., the following described real estate, of which Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. Gary R. Dillman and Kathleen L. Dillman, Defendants, at Execution Number 06-1042 in the amount of $109,447.04. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 1 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. LONG FORM DESCRIPTION ALL that certain tract of land situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a surveybyNoel E. Smith, R.S., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T-457, said stake being also at the northeast corner of lands of R. Wayne Stouffer, et ux; thence along the center of the aforesaid Township Road, S 86° East 200 feet to a stake on the western side of a 30 foot wide right-of-way; thence along the western side of said right-of-way, S 2° 57' West 300 feet; thence continuing along said right-of-way, N 86° West 200 feet to a stake at the southeast corner of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux, N 2° 57' East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019 THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the center of Township Road T-457, said stake being at the northeast corner of lands of Gary Dillman; thence extending along the eastern line of lands of Gary Dillman S 2° 57' West 300 feet; thence along lands of Gary Dillman and R. Wayne Stouffer, N 860 West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. h BEING the same premises which Vernon E. Wickard and Gladys M. Wickard, by Deed dated July 9, 1971 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 9, 1971, at Deed Book Volume E24, Page 239, granted and conveyed unto Gary R. Dillman and Kathleen L. Dillman. GRENEN & BIRSIC, P.C. By. l2C?L <. Kristi M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 L- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, TYPE OF PLEADING SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Defendants. FILED ON BEHALF OF PLAINTIFF: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 06/13/2007 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, Pennsylvania 17013, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Tenant(s) Mid-Atlantic Financial Strategies LMRE Preferred Real Estate 373 Burgners Road Carlisle, PA 17013 644 Shrewsbury Commons Avenue Suite 261 Shrewsbury, PA 17361 15621 Turtle Point Drive Gainesville, PA 20155 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2007, Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seel Elizabeth M. Paiano, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Jan. 6, 2008 Member, Pennsylvania Association Of Notaries -' ' T_ Fri ? - -r F TI ^R z , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. SALE DATE: 06/13/2007 TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows 1. By letters dated January 4, 2007, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated January 4, 2007 and January 5, 2007, undersigned counsel served the persons named in Plaintiff s Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2007. ??'X'7" W-6r*GrLi", otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Paiano, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Jan. 6, 2008 Member. Pnnnsylv:ania Association Of Notaries EXHIBIT "A" 0 .0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., fWa The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. 1. The name and address of the owners or reputed owners: Gary R. Dillman 373 Burgners Road Kathleen L. Dillman Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Gary R. Dillman Kathleen L. Dillman 373 Burgners Road Carlisle, PA 17013 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A., f/k/a The Chase [PLAINTIFF] Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. 4. The name and address of the last record holder of every mortgage of record: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. TMS Mortgage, Inc., d/b/a The Money Store Empire Funding Company Household Realty Corporation [PLAINTIFF] 4612 Street Road Trevose, PA 19053 9737 Great Hills Trail Austin, TX 78759 25 Gateway Drive, Suite 107 Gateway Square Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations PA Department of Revenue Commonwealth of Pennsylvania Department of Welfare P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE • • 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. B .' '- ta&4-, Kri a M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this day of 2006. n N COMMONWEALTH OF PENNSYLVANIA Nolarlal Seel EkabeM M. PWaM Notary Pubic Clly Of PItL?b xM, Alep "Carly My Carrrrdssion E;ires Jan. 6.2008 Member, Pennsylvania Association Of Notaries D " N ) ° O 04 n. e ?l u. N a6 0 LL. C O re ?3jMn ° m? '1 N C d ?v x'tl J ? ao C ? ! a XdS ? c WAN 47 pppp ? U ro' 10 N M '00 O 0) ?,- 0 e g? can a t pppp p Q't N ,r. O 0 cM 0 O fi c ? . O C ?9 O M M , M M O M ch O CM ' M O to ? LO LO 4 d O ~ B N 3 N a i fl. M r to Q r. 'rn ? rn °ti P- C'Aa Via" ca NQ ,?cv? %ON Ma. o Y. o op co N «+ t? X 0 4) co O A N N . M C ? Ir- CO :? ?O ca a= M? Oca m Z rte- N a. V U ` o ?s U_ .0 O v U y N ? E ? ? O a' N z CD fl) L5 L) to Q ui ?' p m C C ?o 0 ?8 (n N ?r 2t)pa c a U O U- 0- 8 N a? :9 O Os =U ri 0% ? N Uo m m 1O G. a Sri m 0 m G M N Q V A a`. N Q CL. 0 N N 0 0 r- E moo- d ~ U? CD r? cD d o°. CD 0 c y r a a 9 Nz a 0 N (O r RN I s ? ?D a ova ) U, o EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burgners Road, Carlisle, Pennsylvania 17013, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Tenant(s) Mid-Atlantic Financial Strategies LMRE Preferred Real Estate 373 Burgners Road Carlisle, PA 17013 644 Shrewsbury Commons Avenue Suite 261 Shrewsbury, PA 17361 15621 Turtle Point Drive Gainesville, PA 20155 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. BY.v.X-?- Kristine M. Anthou, Esquire Attorneys- for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND THIS a- DAY OF otary Public BEFORE ME 2007. COMMONWEALTH OF PENNSYLVANIA Notarial Sod EbabeM M. Paiano, Notary Public City Of Ph burgh, Allegheny County My Commission E)ires Jan. 6, 2008 Member, Pennsylvania Association Of Notaries N r p N C?? N ? Nos Kw :0Z 'N vs? U co t?l 77 U. r p q( N O LINn ti, N U C 7 7 C d G L l ow) % * O a ? ? m r' ? c Ch C7 C? °ro a m r ? G cc CC N CO ?O °s$ $. ? ? r N1 air- Ile 0 9. cli Cr1 Cr? O Cl Cry N ? Q r ? N r ? r 00 N r O r N r in Q c ) t" fl- C7 Q Q ?/y iQ ? t? • O . o CL. p U ? 4) O0 r.. _? 4 N Q fia. N .«- ° o-0 K? CD N mz o 6 Jr- C? c c 61 4i m s a o ` U- 9 rn USN ? G r? 0. d. ? ,r Z vycn NCO.. a po m 3 rn V N w Q a 0 ` N G ? O j L t0 N c? n o c oG O ?? -r_ N N 0 0 E ?n- j ?a a ?o Cr1 m 0 fw m v ' y A i i a. 1 i1 I I m a C C C r a m Ti z N a o N c- r' a r - p ? N UJ r c "oodr4wSteven ? y lee 4? ?? ?.._?s ;? ?_ ?.J ? E.... ?? _.W "- .... ..,_'i'1 1 :"I -- .'.? -??a `? ? , L ?. 4 ?:'- j : ? C..J j` ?'' } ?_ I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., CIVIL DIVISION NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS FILED ON BEHALF OF PLAINTIFF: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 06/13/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE BANK USA, N.A., f/k/a CIVIL DIVISION THE CHASE MANHATTAN BANK, USA, f/k/a THE CHASE MANHATTAN BANK, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 6, 2006 as follows: 1. Gary R. Dillman and Kathleen L. Dillman are the owners of the real property and have not entered an appearance of record. 2. By letter dated January 4, 2007, the undersigned counsel served Defendant, Gary R. Dillman, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 54 East Main Street, Apt. 1, Newville, PA 17241. On or about January 13, 2007, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriffs Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. By letter dated January 4, 2007, the undersigned counsel served Defendant, Kathleen L. Dillman, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 54 East Main Street, Apt. 1, Newville, PA 17241. On or about January 8, 2007, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff s Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Es ire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS p?J DAY OF -,?(L4-kA , 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Paiano, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Jan. 6, 2008 Member. Pennsylvania Association Of Notaries EXHIBIT "A" Postal tr CERTIFIED M RECEIPT AIL. r%- (I)omestic Mail Only; No Insurance Coverage Provided) 12 . - CI ti Posta Certified F Postmark Return Receipt F U Here (Endorsement Requir Q Restricted Delivery (Endorsement Requ1 f Q Totai Postage & F { W D ..G Q o Q tti 4 _ ?tree APt IVo..; or PO Box No. ` Q_=Jam..°- -- ............ 1 - :rr rr Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .??A WO A. Signature 13 Agerd x 91`? A B, R by (Rimed NWW C. Date of Deliver D. Is delivery address different from kern 11 ? Yes If YES, enter delivery address below, ? No e 1VPr to drpsspe Qnl? 3. type e-Arvioe mail ? Express Mau ? Registered m Receipt for Mercharidis ? Insured Mau ? C.O.D. 4. Restricted Delivery? Pft Feel r, z. ArticleNy 7Q96°.0$?1,3 , 11,004 7i7?' s , (>ransfer+ Ps Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-15 916 EXHIBIT "B" CERTIFIED MAILT,, RECEIPT (Domestic Mail Only; No Insurance Coverage Providec OFFICIAL USE rU Postage $ ° CerNed Fee C3 Return Receipt Fee Postmark (Endorsement Required) Here ° Restrloted Delivery Fee rl (EMdorsement Required) cc M Total Postage & Fees $ / t - w C3 --- --------------- N -- or - - Z -- - --- - '-- ----------- t PS ?orm Z? 3800, JUne rr ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipieceL or on the front if space permits. 1. Article Addressed to: h W10-1 • A- Sig mb" X Agent Addteaee B. Oby PAnte d Name) C. Date of Deliver .Orl?i f- P-o7 D. Is delivery address`dNfamt from item l? ? Yes if YES, enter delivery address below: 0 No 3. Service Type Mali ? Express Mail ? kmured Maq iim Receipt for MarcfwWis ? C.O.D. 4. RestriCted Delivery? (Extra Fee) 2. Article beF P?@mf 1 K F@br>Ja X0134 :: Dbt(rtestic Return Receipt 2l _{tt?:ll. x.41 I it _ii.4.l.?.?_..4..45 102985.02-W15 C:'l tZ t 7D -n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Homesales Inc is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 27th day of Dec, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1042, at the suit of Chase Bank USA NA against Gary R Dillman & Kathleen L is duly recorded as Instrument Number 200733653. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this j71'*7 day of A.D. of Deeds Ab CwabMmdCM% GMMM;PA 6piwsb r-ftMW4WdJ2L2W Chase Bank USA, N.A., f/k/a The Chase In The Court of Common Pleas of Manhattan Bank, USA, f/k/a The Chase Cumberland County, Pennsylvania Manhattan Bank, USA, N.A. Writ No. 2006-1042 Civil Term VS Gary R. Dillman and Kathleen L. Dillman Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 1835 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Gary R. Dillman and Kathleen L. Dillman, by making known unto Gary R. Dillman, personally and as husband of Kathleen L. Dillman, at 54 East Main Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1356 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gary R. Dillman and Kathleen L. Dillman, at, 373 Burgners Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Gary R. Dillman and Stephanie L. Dillman, by regular mail to their last known address of 54 East Main Street, Newville, PA 17241. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kristine Anthou, on behalf of Homesales, Inc. It being the highest bid and best price received for the same, Homesales, Inc., of 3415 Vision Drive, Columbus, OH 43219, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1057.72. Sheriff s Costs: Docketing $30.00 Poundage 20.74 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 15.36 Levy 15.00 Surcharge 30.00 Law Journal 395.00 Patriot News 381.95 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1057.72 4/05/6 7 C011- ?, ?qq,( R. Thomas Kline, Sheriff f BY ?- Real Estate rgeant 7 :1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, fWa The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NO.: 06-1042 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, VWa The Chase Manhattan Bank, USA, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Gary R. Dillman and Kathleen L. Dillman located at 373 Burghers Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. 1. The name and address of the owners or reputed owners: Gary R. Dillman 373 Burgners Road Kathleen L. Dillman Carlisle, PA 17013 w r 2. The name and address of the defendants in the judgment: Gary R. Dillman Kathleen L. Dillman 373 Burgners Road Carlisle, PA 17013 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Chase Bank USA, N.A., f/k/a The Chase [PLAINTIFF] Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. 4. The name and address of the last record holder of every mortgage of record: Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A. TMS Mortgage, Inc., d/b/a The Money Store Empire Funding Company Household Realty Corporation [PLAINTIFF] 4612 Street Road Trevose, PA 19053 9737 Great Hills Trail Austin, TX 78759 25 Gateway Drive, Suite 107 Gateway Square Mechanicsburg, PA 17055 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations PA Department of Revenue Commonwealth of Pennsylvania Department of Welfare P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE i J S 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. GRENEN & BIRSIC, P.C. Kri a M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before day of 2006. me this Z(%? r*, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bnbeth M. Palem Nolary Pubic citYOrPftWOh+ YOM* Ml?Comn>i M EVw Jan. % 200B Member. Pennsylvania AssWaMn of Notarisa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., NO.: 06-1042 Plaintiff, VS. GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Kathleen L. Dillman 373 Burgners Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2`d Floor 1 Courthouse Square Carlisle, PA 17013 on June 13, 2007 at 10:00 A.M., the following described real estate, of which Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. Gary R. Dillman and Kathleen L. Dillman, Defendants, at Execution Number 06-1042 in the amount of $1092447.04. . A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: Knstme M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, VS. NO.: 06-1042 GARY R. DILLMAN and KATHLEEN L. DILLMAN, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Gary R. Dillman 373 Burgners Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on June 13, 2007 at 10:00 A.M., the following described real estate, of which Gary R. Dillman and Kathleen L. Dillman are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF GARY R. DILLMAN AND KATHLEEN L. DILLMAN OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN LOWER FRANKFORD TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 373 BURGNERS ROAD, CARLISLE, PA 17013. DBV E24, PAGE 239, AND PARCEL #14-06-025-019. R The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Bank USA, N.A., f/k/a The Chase Manhattan Bank, USA, f/k/a The Chase Manhattan Bank, USA, N.A., Plaintiff, vs. Gary R. DiIlman and Kathleen L. Dillman, Defendants, at Execution Number 06-1042 in the amount of $109,447.04. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By. c?, L t ?c.?- ?C Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., f/k/a The Chase Manhattan Bank, USA, VWa The Chase Manhattan Bank, USA, N.A., Plaintiff, NO.: 06-1042 We GARY R. DILLMAN and KATHLEEN L. DILIAIAN, Defendants. ALL that certain tract of land situated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a surveyby Noel E. Smith, KS., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T-457, said stake being also at the northeast comer of lands of R. Wayne Stouffer, et ux; thence along the center -of the aforesaid Township Road, S 860 East 200 feet to a stake on the western side of a 30 foot wide right-of-way; thence along the western side ofsaid right-of-way, S 2° 57' West 300 feet; thence continuing along said right-of-way, N 86° West 200. feet to a stake at the southeast comer of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux, N 20 57 East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019 THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake in the center of Township Road T-457, said stake being at the northeast corner of lands of Gary Dillman; thence extending along the eastern line of lands of Gary Dillman S 20 57' West 300 feet; thence along lands of Gary Dillman and R. Wayne Stouffer, N 860. West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. BEING the same premises which Vernon E. Wiekard and Gladys M. Wickard, byDeed dated July 9. 1971 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 9, 1971, at Deed Book Volume E24, Page 239, granted and conveyed unto Gary R. Dillman and Kathleen L. Dillmaa GRENEN & BIRSIC, P.C. . By Kristi . Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine Went Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-1042 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N.A., F/K/A THE CHASE MANHATTAN BANK, USA, F/K/A THE CHASE MANHATTAN BANK, USA, N.A., Plaintiff (s) From GARY R. DILLMAN AND KATHLEEN L. DILLMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,203.26 L.L. Interest $15,243.78 (FROM 3/31/06 TO SALE) Atty's Comm % Due Prothy $1.00 Atty Paid $1082.27 Other Costs Plaintiff Paid Date: DECEMBER 27, 2006 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER NINE WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Curtis R. Long, Prothonotary Deputy Supreme Court ID No. 77991 Real Estate Sale # 34 On February 15, 2007 the Sheriff levied upon the def dant's,in rest in the red property situated in Lower Frankford Townsp, Cumberland County, PA Known and numbered as 3 73 Burghers Rd., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Februa 15, 2007 M, b£ :11 V b- NVr LOOZ By: ?1, Real ES? giant . e - 4, it THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#34 Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L Russell, Notary Public City Of Harrisburg; Dauphin County My fission Expires June 6, 2010 Mom r ennsvivania Association of Notaries NO Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 I IN. I ' b PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r SWORN TO AND SUBSCRIBED before me this 4 day of May. 2007 NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle 6oro, Cumberland County My Commission Expires March 5, 2009 XNAL iNi51'.Aa M *AAA NO. 84 Writ No. 2006-1042 Civil Chase Bank USA N.A. f/k/a The Chase Manhattan Bank. USA, f/k/a The Chase Manhattan Bank, USA, N.A. VS. Gary R. DiIIman and Kathleen L. Dillman Atty.: Kristine Anthou LONG FORM DESCRIPTION ALL that certain tract of land situ- ated in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a survey by Noel E. Smith, RS., dated June 21, 1971. BEGINNING at a stake in the center of Township Road T-457, said stake being also at the northeast corner of lands of R. Wayne Stouffer, et ux; thence along the center of the aforesaid Township Road, S 860 East 200 feet to a stake on the west- ern side of a 30 foot wide right-of- way: thence along the western side of said right-of-way, S 20 57' West 300 feet; thence continuing along said right-of-way, N 860 West 200 feet to a stake at the southeast cor- ner of lands of R. Wayne Stouffer, et ux; thence along the eastern line of R. Wayne Stouffer, et ux. N 2° 57' East 300 feet to the place of beginning. CONTAINING 1.377 acres. PARCEL No. 14-06-025-019. THE grantees herein have a right of ingress and regress in common with the grantors, their heirs and assigns, over the aforementioned 30 foot wide right-of-way, described as follows: BEGINNING at a stake In the center of ownak* hew! T-,W. said stake beW9 at dw awdm" eamer of lands of Gwy Djungn; thence +dagg ale eaeIM&i line of lands of Gary Dillman S 20 57' West 300 feet: thence along lands of Gary Dilhnan and R. Wayne Stouffer, N 86° West 350 feet to lands of L. Lehman. Said right-of-way is of an even width of 30 feet for the entire length of the right-of-way. BEING the same premises which Vernon E. Wickard and Gladys M. Wickard, by Deed dated July 9, 1971 and recorded in the Office of the Recorder of Deeds of Cumber- land County on July 9, 1971, at Deed Book Volume E24, Page 239, granted and conveyed unto Gary R Dillman and Kathleen L. D 11man.