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Home My WebLink About02-1731 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, Assignee NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, V. JAMES E. ASCH and ROSALIE W. ASCH, Defendants TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 116 Allegheny Center Pittsburgh, PA 15212 AND THE DEFENDANT ARE: 140 Glendale Street Carlisle, PA 17013 WELTMAN, WEINBER~~IS C~~~~:~,A.. BY: ~';:/ 2-- ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 140 Glendale Street Carlisle, PA 17013 3" Ward; Bgh of Carlisle WELTMAN, WEINBE ~J>"'" L.P.A. /</ /? / BY: //' / ATTORNEYS F R PLAINTIFF NO. O~ - /73/ Ct~~l ~~ ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa.I.D.#74950 WELTMAN, WEINBERG & REIS CO., L.PA Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#02302133 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, Assignee NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: C~ - f?.1{ C~o~l ~~ v. JAMES E. ASCH and ROSALIE W. ASCH, Defendants NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, Assignee NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: O;t - 1731 Gl~~l ~-nv v. JAMES E. ASCH and ROSALIE W. ASCH, Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Altegra Credit Company, assignee of National City Bank of Pennsylvania, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is Altegra Credit Company, assignee of National City Bank of Pennsylvania, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2. The Defendants are James E. Asch and Rosalie W. Asch, adult individuals whose last known address is 140 Glendale Street, Carlisle, PA 17013. 3. On or about April 28, 1999, the Defendants executed a Fixed Rate Simple Interest Note and Security Agreement (hereinafter "Note") in the original principal amount of $100,577.25. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about April 28, 1999, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $100,577.25 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 3, 1999 in Mortgage Book Volume 1538, Page 1114. 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. National City Bank of Pennsylvania, assigned all of its right, title and interest in and to the Mortgage to Plaintiff, pursuant to an Assignment of Mortgage. 6. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 7. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 8. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 9. On or about July 31, 2001, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq, 10. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest thru 3/31/02 Late Charge thru 3/31/02 Suspense Balance thru 3/31/02 Corp. Advance thru 3/31/02 Other Fees Due thru 3/31/02 Execution Costs thru 3/31/02 Attorneys' Fees thru 3/31/02 Other Charges thru 3/31/02 TOTAL $ 99,000.00 $ 12,204.20 $ 1,155.11 $ (943.00) $ 1,967.50 $ 15.00 $ 0.00 $ 1,050.00 $ 50.00 $114,498.81 11. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE. Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $114,498.81, with interest thereon at the rate of $27.80 per diem from March 31,2002 plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS 99':: L.P.A. ~1;/ Kimberly J. Hon~~ Esqu' . Pa.I.D.#74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ". NaiionalCity CornpeteLoan. NaUoa"l Clt)l. II . I'OliakmI. lIadmwk or NaIkmaI City Corporation. Fixed Rate Simple Interest Note And Security Agreement Branch D.le' 04/28/1999 DDobto<(.) Addro.. JAMES E ASCH ROSALIE W ASCH 140 GLIlNDALB: ST CARLISLE PA 170130000 ~6-5 13;'4 e6l i.l qu i City State. Zip II TERMS OF REPAYMENT FOR VALUE RECEIVED, you the undenianod ("Debtor"), promise to PlY 10 !he ordor of National City Bank of PeMl)'lv.nia ("Bank"), the princip.llUm of $ 1Mlii77 'Ii topthor with intorelt on tho prillllip.11UJJl outuandina from lime 10 limo .nd on any other amounlI duo undor lhil AJroomont. u"p1 inIoroll. .t tho nit of ~ S por 'MUm and Plyable in 359 consecutive monthly instaUmcnta of $ 901. "lI' each. with . final m.l.Umonc of $ 901. ~, . be,inning on ~J1~1999 and continuina: on the ..me day of each month thereafter until paid in full. Your payment hillory could .ffect the amount )'OU owe u or i. Aa:roement. \1 AI. r 1/1,1([ II,I(JD{ I NI \'V (II. 1/ II) .. DESCRIPTION OF caOODS OR REAL ESTATE 8ECURINCi PAYMENT I"PROPERTY", 1ST "TO 140 GLENDAL! ST, CARLISLE, PA 17013 Ell LOAN USE You represent to Bank that the Ior.n proceed, are to be uaed a. followl: *PURCHASE PROPERTY (HMDA) II DISBURSEMENT OF PROCEEDS Bank i, authorized to di,burse loan proceed, II indicated in the Itemization of the Amount Financed. iii INSURANCE AGREEMENT Iuurance on the property mull be obtllined by you. You may cbooae the penon throuah whom JUch inauraoce i. obtllined. You cannot obtlin such iDlUraDCo from Bank. Bank may require Vendor'. Sinale InIonIt Inauraace for tho term of thi, A,reoment. Vendor'l Sinale Intonlt lnsufllnce protectl only the Bank'l intoro"'. You may obtain extended warranty COYefllgo, but auch cOYera,e ia nol required and cannot be obtained from Bank. Written eVidence of iDllurance. with Bank DIomod a, lOll payee, will be delivored to lHnk. If the HOUrilY for thi. Ior.o if; real ellllo, you mulllnlinlain fl'Opor roal eltate in,urance on the Property includina proper flood inaurance required by law. ]fdlia loan ia lOCurod by ocher than tHl elta.., iDlUranc:e muIt CORl1IC of Firo, Theft, Co~rohoRlivo and Collillion wilh not more than FIVe Hundred DOlIan ($500.00) deductible. If you tail to maintain IUch inaurance, Bank may, at ill option, obtain iDlUfllnce on the Properly. The m.uflltlCe obtllinod by Bank lball include thai covua~ which Blat, in ill ao1o diacntion, dooma DOCe...ry to prolol:t B.nk', inle",1C in tho Property. If Bank obtaina Ibo iDlUrance, you 'II'M to poy Bank tho I:lDlum therofor ;:w, iIUotolC theNOQ al tho Contnlctual ralo. You :b~Ir;:d~e o':~::~::~~=t1~:,ivoau:tu:~:"'od::=~I~:.:,.tel:rOIUn::.O;:~:.had'r'r:.~: %.~~. J;:i~::t :;:o~~ monthly iRllaUmonu fOmainlDJ' .nd the .mounc of e.ch ...mainina moDlbJy inatallmont Ib.n be proportionately increaHd. If you purch.aod GAP Waiver or ~~~~;~~~~~:~ ~::w":~ ::i~ A;:o=~::a ~~ :~,:Uy~r:=~u~~ b*::r~:u':r' :~:~~~~ ~oc:~ :~':'~tad::r~~:: your full insurence proceed.. It .ny credjt iDlUrance, Vendor'a Single Intorelllnsurance or GAP W.iver i, fmanced under this Agreement. the ~01C and tcm'1l are shown on tho DisclolUre SlIotomeDl. You irrevoc.bly make Bank your .pot for .djulllment ofall irwunnce Jo..., and.llOtt.Iemem thereof (includillJ' any with a third party inJUrer) for an ameum Bank in Bood faith doom I'el.lOI\Iblo. Thi, agency aball be ~ouplcd with an interest .nd Ihall not be revoked by your death, incompctency or inc'pacity. All.mounta Sank receivel may..t ita option, be applied Ie the indebtednell evidenced by thi, Agreemenl or used to repair or replace the Propcrty. II PREPAYMENT You may prep., tho principalaum oflhi, Agreement in whole or in partat'ny limc or from lime to time, withoul penalty. In the event of prep'yment, intoreat 00 tho aum prepaid Iholl bit computed on the baai, of a 365-day year, but calcul.ted on aclUal days. III LATE CHARGE If you .... in dofauIIC.. dofined o I)} and Bank require, immediate payment of the whoJo amount outatandina under thl, A,reoment, you a,ree to pay Bank intoroat on tho remal~ bslance at tho comracwaI re10 in eff'ocla' tho time of .ccoloracion. If you are mon than fifteen (15) day. I.te in payina: an inatallmom and B.nk does DOl roqui... immodiato payment of Ibe whole amount O\Il11andina berounclor, you ptomi.o 10 pay Bank a late oharae of ton percont (JO~) oflho monthly payment then duo, with. minimum charp 0($20.00. II RETURN CHECK CHARGE You will pay $20.00 forea~h returnofa dilhonored check, negoti.blo order of withdraw. I, or ahare draft i,mod by you. lID SECURITY AGREEMENT You give Bank a lOCurity interest in the Property (including, without limitation. any Kce.iona .nd all JoII proceed. and uneamed premiuml of illlUtllnlle covcrina the Property), .11 proceed, and aU uoumed premium, on credit inwrance and extended warranty financed, .11 proceed, .nd all GAP Waiver refund. financed and in all depoait ac~oulUl you h.ve or at any time may have with Bank and Bank', .ffiliate. to lecure the p.ymont of .ny amounll owed under thi, AJreement, and (excepl for tho Pl'oporty if the Property i. your princip.1 re.idenee).1I other indebtedne.. you h.ve or at.ny time may have with Bank and Bank', .ffili.I". Howovcr, if Bank now hat any earlier lien on your principal reaidence I' aecunlY for future obli,atioDl, Bank wlivelweb security I' to rbi. Agreement only. If you are in defaull [aa defined (II)], Bank i, .ulhorized to cancel .ny policie. of credit inwr.nce .nd extended w.rn.nly financed and .ny GAP Waiver ~ontract financed. Bank may .t any time apply all 1011 proceedi .nd unearned premiuDl& of inaurance covering the Property, II well II' unearned prcmiuma on credit inaurance and extended warranty financed or GAP Waiver refund, filUlnced to the bolance oU1a1andil18 under thi, Alreement or, al it. option, to repair or replace the Proporty. m DEFAULT You will be in default on Ibi, AJreement: (i) if you do nOI pay an inatalhnent on lime or do not pay on time any other indeblednell owing by you to Bank or Bank', affili.te,; or (Ii) if on., creditor trio, by Ic~.~ell to take fund, from Iny acllount of youra with Bank or Bank', .flilialol or to levy j:ac:a~i~':d; :ro (:'r:;rtl~t:~e~~)inl~u:a~~ :p:n:1i~~r o~O::y ~dr :~~n;ri;=~~~r;.: f:f.c<r'Jr l[v~(f :~~ ;:lIa:: C':r:~I~~i~.:~~ ~::~~r ':~d~~ contained in thil A,rcement or in any otb.r ap""ucm wllb Bank or Bank', offiUalel: or (vii) if a )udJIMnt i, entered ..ainat you in any court of record: or (viii) if you do not pay any of your debtl .. they como due; or (Ix) if the Property i, threatened With, or aubjoct to, lOizure, levy, attachment, condemnation, or forfeitutc. If you are in default, Sank can then require immediate payment of the whole .mount outatanding under thi, Agrooment or of any other ou1l1anding indebtedneu you have with Bank (except indebtednen aecured by your principal re.idence), and may use any ri&ht and remodie, undcr the law includina the naht to 80 peace.bly without court procell upon .ny prcmilC' where the Property may be and remove it. If Bank '!9U05t1, you a,reo to deliver the Property to it at . rcallOnably ~oDvenient place. Union othenviae required by law, .ny property not ~overed by thi, Agreoment which may be repOllOlsed wilb lhe Property may, .t Bank'llole option, be mailed to you at any .ddren indi~.ted OQ Bank', record,. Bank may 1011, leaN, or otbOrwilO dispose of the Property. You will oWc Bank the re.sonable ~o.ts of cepol8Oulon, repair, lCota,e, preparation for 1110, and sale. The nol proceed. of sale or other disposition of the Property mill be applied to the amount you then owe Bank and Danlc.', affib.te,. You shall p.y to Bank .ny remainina b.lance owina under this Agreement. If B.nk sue, to collect any amoum you owe it, the Bank m.y charge you for court cOltland tOalODIoblc .!tomey', fee, for Bank', own salaried lawyen or independent couJllOI that it hiros. ~ 11II WARRANTIES You acknowledp that .11 information you provido to B.nk i'we and complete, and that you are . DIowr.1 pltnon .nd fully competent k) enter inlo contracll. III OTHER PROVISIONS You futlher .,reo that: (I) you will keep the Property inaured .nd in good condition .nd will ~tomrlly p.y all "xc, and licenae {;~~:',,~~"~I~~:~~~~~~:~:~~~~~,:~~~~;r..o~.~..;'!. ~,~~~~~:J.2~_~~~.~', ~ue~~ ~ win p~t1l, epoI1l ~.th ~.Ib~ c~rtifi:.alO. ,!f 11 PI.O 2 NOTICE TO COSIGNER You aro bem, a.ked to guarantee this debt. 1bink cardllly before you do. It lbe bOlTOWClr doNn'l pay lbe debt. you win have to. Be IUro you can afford to pi)' If you have 10, and thaI)'OII waauo acotpt lhial'NpOlUibiUty. You may blve to pay up to tho fbllamowu ollb. debt Irdw bomrwer doe. DOl ~ay. You may allO have to pay lag f... or ooIlaotion ~OIU, wbiob iniifMH tbfl amount.. 'I'U BuIt ~1D ooUOQI tbla d.bt from you without ftnI tryiQa to ooUaot from dw bornnnr. The Bank ~an UH the Amo ~oIloction molbodt aplnIt you lbat caa be \lIOd apillll the borrower, RICh u JUlO1 you, .uoiIbina your W.pl, (wlMn permiUod by law), ele. Ifthi. debt i. ever in def.ult, thai fact 1M,. becomo a part ot)"OUI" credit NOord. Thi. notioe ia not tho contnlct1h.t mako.)"ou liable fot dw debt. The undel'll,nod acknowled,e rec.lpt orlbl, Nodoe prior to becomlna abll,atod. .. COPY RECEIVED You, inteodil1J to be Jelally bound. aJlH to aU proViaiOOl ofthi, Aa:rccmeot. ineludina page J horeof, whicb i. incorporated herein by roferehCo, and Icknowlcd.e chit you received I copy ofthia A,reemmt. includina: lbe Diac Statement with a1lapplicablo b1anka completed before you aianed below. JAMES E ASCH T)'pforprill_fIIDDlllGr ROSALIE W ASCH T)'pJor...._fIIDNlor Tn-or...._alo.bIor """",- "'" T)'J*orpri&ot_oIC.1Iklr C/lllI&or'tS..- Do. /61'/5 ~ Mall To: National City Bank of Pennsylvania . ,'P.O. Box 5570 Clo.oland. Ohio 44101 ROBErtT P. ZIEGLER RECORDC:-\ OF DEEDS CUMBERLAND COUNTY-PA '99 PlOY 3 PM 2 17 "- ::x ~ Na......Cily. ~ T"i THI. MORTGAGE I, mild. on &"11/1000 ~ HIS WIFE, TENANTS BY THE ENTIRETIES , '" 'J\ Mortgage . between .I.M... ~ a.,.... & efl." ,. Iol ...,.... (hereinaft.r celled "Owne,'" end Netianal City Bank of Pennsylvania (hereinafter ~Ied "Lende,"). As Uled herein. the term "Owner" refer, individually and Collectively to all Own..... and 11I1 suoh peraons shall be jointly and .everally bound by the terms her.of. WHEREAS, 1.1IU::C:: C &Ill,.... DftUI Ie u .IC::,.I.I (harelnafter, whether on. or mor., t called tho "Borrowe,"), (ill (are' Indebted to Lende, in the principal lum of nn. 1.1......1.."" Th..........t ChI. UulV4...... c.."."+y (l....... ...04 '~rnt'l ~ Dollars ($ '1M ..77 ,.. ) evidenced by oil note (the "Note") dated nL "./"000 .. . \'<. TO SECURE: the payment of all sums due or which may become due under the Note. and any and all exteOllons, refinancings, substitution., :~ modifications or renowllls thereof in whole or In pan IIH of which i. hereinafter oaJled the -Indebtedness-): Borrower's obligations under the Note: ".... Owner's performenoe under thl. Mongage; the payment of all other amount., with Interllt, advanced hereund.r for the peyment of tax.s, ellessments, lOluranoe premiums and oosts Inourred to protect the security of this Mortgage: and the payment of Lender's oosts of oOlleotion, including costs of suit and reasonabh, attorneys' fe.s to the extent permitted by law If suit is filed or other action taken to collect the sums owing or \J to proteot the seourlty of thl. Mortga"e; Owner by these pr...nts do.. gr.nt, barg"n, ..11, and oonvey unto Lend.r, Its suco.'sors, aneflt. a..lgn. ~ all of the following described real estate. together with ell Improvements. now or here_fter ereoted, and all ea.ements. rights, and eppurtenanoe. thereon, located at: 140 GLENDALE S1 Stilet CARLISLE PA T ownlNplCitvlMunicipllitylBorough 17013 CUMBERLAND C_>v Commonwealth of Penn.ylvania (th. -Property"I, which was convayed to Owner by Oeed dated in the offioe for the Recording of Deed, in saki County in Oeed Book No. , Page identifier. If 8nyl 04-20-1796-014 , 8S the Property I, therein detcribed end, more partioularly described in Exhibit - A -, which Is attached hareto and meda a part hereof. TO HAVE AND TO HOLD the same unto the said Lender, It. suooellor. and Its a..lgn.. FOREVER. PROVIDED, HOWEVER. upon payment In full of the Indebtednes. and performanoe of the covenant. herein, the estate hereby granted .hall be di.charged. OWNER represente, werrants, covenents, and agrees that: ,. Borrower shell promptly pay to Lender Interest, prlnolpal and other .um. due under the Note, In accordance with the term. of the Note. 2. Owner will keep and perform all the covenants and agreementa contained herein. 3. Owner werrant. and repre88nts to Lender that: Owner Is the eole owner of the Property; he. the right to mortgage, grant and convey the PropertYi that the Property is unencumbered, except for encumbrance. now recorded; and that Owner will defend the title to the Property again.t ail claims and demands except encumbrance. now reoorded. 4. Owner will pay when due ell texes, ...essments, I.vi... and other charges on or agelnst the Property which will attain priority over this Mortgage. At Lenda,'s request. Owna, .hall dotlve, written evidence of all such pa\llTlants to Lendar. S. Ownar will not saU, anter Into an Inltallmant sal. contract for the 'ela ot, le.18. give, trenster, or encumber the Property or any right or interest in the Property. in whole or in part. without lender'. prior 'written permls.ion. 6. Owner shell keep the Property in "ood repair. excepting only reasonable waar and te.r. Owner will comply with all lawI re.pecting ownership end UIe of thl Property. Owner wm permit Lender'. authorized rapre.entatlve. to ent.r upon the Prop.rty at any rea.onable time for the purpOIa of inspecting the condition of the Property. Without the written consent of Lendar, Owner will not permU removsl or demolition of Improvement. now or hereafter erected on the Property. nor will Owner permit waste of the Property or alteradon of Improvaments now or here.fter erected on the Property which would edva"ely aHaot Its market velue .. deterrmnad by Lender. 7. Owner Ihell keep the Property Insured against 10.. by fire, all other haurds contemplated by the term -extended coverage, - end .uch other risks and hazards as Lender shall require, In suoh amounts as Lender shall require. Owner shall purch.se flood Insurance a. and to the extent required by lew. Owner mey obtain such insurance from any insurer(sl of Owner's choice. provided that said Insurerls' shall be acceptable to Lender. At Lender's request, all insurance policJes ehall contain 101S payable ciau..s in favor of Lender end Owner shell deliver written evidenoe of ell such insurance to the Lender. In the avent of i088, Owner shall glva prompt notice to the insurer and Lender. Lender at Its option may elect to make proof of 101. if Owner don not do so promptly, and to take any action it deems neClll8ry to pre.erve Owner', or L.nder's rights und.r any insuranoe policy. Insuranc. proceed. shall b. appli.d to r..toration or repair of the Property or to reduction of th.lnd.btedn.... 81 Lender may determine in itl lole discretion. Owner hereby appoints Lender. its succ."ors, and 8ssign. as Owner's attorney in fact to endorse Owner'l name to any draft or check which mey be peyable to Own., in order to collect such inlurance proceed.. Any balence of insuranoe proceeds remaining efter payment in full of amounts due hereunder shall be paid to Owner. 8. Owner will pey or perform all obligations under eny mortgage, lien or ..curity .greement which ha. priority over this Mortgage. I I , and duly reoorded . Tax Parcel Number (or other Uniform Percel Ii] if this box Is checked, as the Property i. ,BOOK 1538 fAGt1114 IRn.1218810220P {3' 9. -If Owner fBils to perform any of the obligations or duties required by the covenants and agreements in this Mortgago. Lender may at its option .;Ieot to ,j,.. so and advance those amount. thet it deemtl nece.sary to proteot the Property and/or Lender'. rights in the Property and under this w.ortgege. Owner hereby egrees to repey to Lender on demand all .um. whioh Lender ha, advanced, with intareat thereon at the rate of Interest stated in the Note; and all .um. '0 paid, together with lntere.t thereon, until repaid to Lender .hall be part of the Indebtedne.. and be .ecured hereby. 10. Subject to the rights of the holders of any prior mortgage. Owner heroby assigns to Lender all proceeds of any eward in connection with any condemnation or other taking of the Property or any pert thereof. or payment for conveyence in lieu of condemnation. 11. If this Mortgage i. on a unit In a oondomlnlum or a planned unit development. Owner shall perform all of Ownar's obligations under the declaration or covenant. oreadng or governing the condomlnfum or planned unit development. the by-laws. ruleS and regulations of the condominium or plenned unit development, and related doouments. 12. As additional security her.under, Owner hereby al.ign. to Lender any end alllsales on thl Property. now exilting or which may hereattar be made. togeth.r with any and an rant. and Owner's rights a. lendlord unde, law: provided thet Own.r .hall. prior to the deoler.tlon of .n !VtInt of Oef.ult, have the right to collect .nd retain luch rentl as they become due and peyable. 13. Owner will be in default under this Mortgage: in the event of any br..ch of eny w.rranty. covenant. or agreement contained in this Mortgage; or if any representation or werranty oonteln.d herein proy.s to be faC.e or mhll.eding; or in the event of any default under the terms of the Note or any agreement securing rep.yment at, or relating to. eny portion of the Indebtadn...; or if any other. creditor tri.. to take the Property by legal proce.s; or If b.nkruptoy proceedings are filed by or against any Owner; or If any tax lien or levy is filed agelnst the Property or any Owner; or If the Property i. destroyed, 'eized or oondemned by any governmentll euthorlty; or If any Owner dies. To ths extent permitted by lew, if Owner i. in dafault under this Mortgage, Lender may. 8t ita option, Ifter any notice requifld by law. daclare due and pay.ble the unpaid blllnOe of all amountl secured by this Mortgage Ind owing under the Note. Lender may, in addition to exerclaing any right. which Lender mey have under the Note, any agreement ..curing repeyment of. or felating to, any portion of the Indebtedne.., or otherwi'e provided by law. foreclo.e the Mortgage, take pOIse..ion of the Property, colleot any Ind all rents and ..II the Property for the oolleotion of thl Indebtedne... If I mortgage foreolo.ure action or other IcUon II flied on thll Mortglge, or if Lend.r take. tny acdon to protect or .nforoe Its Intere.t, Owner Igree. to p.y ell of Lend.r'. oosts .nd expen.... inoludlng ,..sonable attorneys' feell to the extem perrnttted by law. 14. Lender'l rights and remedies under this Mortgage, the Note or oth.rwise by law shall be cumulative and not alternative end mlY be exercised ., often .. n.e....ry; ..nci the fllilure to IXlroi.. .ny suoh right or remedy shill in no .vlnt be oon.truad a. e welver or rei.... of the 'ame. 115. Without nodc. to Owner, Lender may d.11 with Borrower(ll. the Ind.btedn... end eny GoUeter. ..ourlty (hltefor In luoh menner II L.nder may d.em .ppropri8te or edvisabl. Including without limitation. renewing or extending the Indebt.dn.ss or any p.rt thereof, aocepting partial payment, substituting or r.I..sing other collateral tor the Indebtedn.... relsa.lng and dl.charglng from liability Borrower!.' or any Cosign.r or other person lieble for .11 or part of the Indebtednes.. all without impairing the obligations of Owner or the rights of Lender hereunder. 16. Except for .ny notice required under applicable lew to be given in another manner. .ny notice to Owner provided for in this Mortgege shall be given by dalivering It personelly or by mailing such notice by oertified mail, add,....d to Owner at the address of the Property or at such other address IS Owner may desJgnate by nodee to Lender .s provided herein; and any notloe to Lender .hlll be given by oertifled mail to Lander'. addre.. stated herein or to such other address IS Lender may designate by notice to Owner as provided herein. If notice is givan by certified mail, it .hln be deemed to have been given on the date of meiling. 17. The covenents, conditions, and Igreement. contained herein shall bind the Owner's heirs. perlonal repr..entatives end succe88or. and. ,ubj.ot to P.ragr.ph 6, .ny person to whom the Property i. trln.f.tred. The right. end privilege. oontelned herein shen Inure to the Lender'. sucoeesor. and ...Ign.. Lender can aell, tran.fer or eSalgn thl. Mortg.ge without Owner's consent. 18. If any provision hereof ahall for .ny reason be held Invalid or unenforceable, no other provision .hell be affected thereby. and this Mortgage shall be construed a. if the Inv.lid or unenforceable provllion had never been part of it. 1 S. Own., .gre.. th.t any interllt payeble atter . judgment i. emlt.d. or on additional sum. advano.d, .h.n be .t the ..me ret. .. i. .tated In the Note. 20. Owner's obligation. under p.ragr.phs, 4. 7. a. 9 end 13 shall survive .ny judgment in mortgege foreclosure. IN WITNESS WHEREOF. and Intending to be l.g.lly bound. .aeh Ownar h.. duly ex.outed this Mortgage the day and yaar first above written. WITNESS: %a..~~ am ees~ :am :eeser "-- ~,~h~:,i oss e . se ACKNOWLEDGMENT (SEALI (SEAL) COMMONWEALTH OF PENNSYLVANIA I ) SS COUNTY OF CUMBERLAND ) On the ~ day of Apr iI, 1999 ,before me, the undersigned officer (who certifies thet he/.he is not an officar or director of National City Bank of PennsylvlniaJ, personally appeared JAltES E. lSCH & ROSALIE W. lSCH, , known to me (or satisfactorily prove.n) to be the per.on(sl who.e nameCs' Is lare' subscribed to the within Instrument and acknowledged thllt he/she/they executed the same for tha\~tiiytt~ contained. "I ~...\ C. /"J, ~" In WIP;~~,..~€':;::r1$~&4"~ ..t my h.nd Ind ut. l.....i~..tS\ 1o,.o.-;.-;'I(..\.1""1;'i:. My CO~f1rjfplci.r. E:lCpires,=C ~ :: ~11 ~;; li.tii.." ..J:::.. ,;'" ~ i :r~,.\ \ . .' ~r:.\' 6 . ,:e, ,< ~t'sn;&..7 ~! .}.'t,,~O~~.... ,,#>{ '....,I~,l)ytt'\\~....\'.,~ Sam Reg'3'(!Ol"...." , . do hereby c.rtify that Mortgagee's preci.e residence Is 4401 Mlrket Street Camp Hill PA 17011 ~~ Ag.nt for Mortg.gee -- _C._,-.y_ -Twp.. ",,-CcwlIy MyCcmmlHlon _Jon. .".... Mel11ller, ~-...Q.. c .~ Notary Publlo CERTIFICATE OF RESIDENCE ,Bood538 fAGE1115 lRe".I2J'1/02...P O',~ . ,. " "f . '," t,., .....~, 'i""":U:':~""'~.;~.>~;';~~W~\!l~~~ '1~:8fm'llEOltf' ": ==~rBg ""M aiDE. ~"IC'EDI . ....w =:=;a BE 8111iA~oooU.l'Y"4 ~ :r.-...rP no. 00 E .'$38" 18 ,r..~. . '. · nsl .... _ c. ."":"df of a:pdl, 2.IIS, ....... ......... I" ~ ..... ....... fu IN..o .... .....). . J. l1oU:l,~ NIlAM. ., I' ...,. Orin, OUl'.a.idtI, ............ COQI\qr, ..nneylvaata. "~ia _...."" .1 .... ......... . All' 0A1.~ w. SlOCot, t"ntU un. .f CRUU., cu..Ml'l1P4 coaaq-, ""..,l.lnll, bel.SA ."MUd" '" ...... nUlU, 'Slut: tis. 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"" . ~l' .&'M1II\ "1' :..~.: ::lrt: ::.:= .:'.~~.=~ It" .,ag UIt:. ... 1 u4 Ute ~ a,a '..1 Cd ~ ..... I' 11ft' t.aa. NIC'CaJ.n plan ., 10M .., .......... Y. .s..afMft ....vL..). .. ncodH in tM ort'.a.c. oC Ute ....... .t De" .SA .... CO. "U CUbo~W' ODontr 1A ,:LaA IDU IA. t. .... ~.. ~ . JIUG .. .... DPal.u ~ aGMn I. ......,.~: ~... ....., pelt..... c... I4&Jvla, 0'. ~ If. ~") II:r ...... . 8OPtlMaN' ~'. U.. ..... nocard" 1a t:U QtCLM Of ... ........ .t DeN-. b aa4 Ie CUdHluA ooancr sa 0N4 ..., 1tO", v.lIIP :A, 'ap .ua. tZ'antlll aNI ~ uM;o..... fro ......., "~!.- t~ aranCO,.. h.uS.t\o ~. --.,~ '.. ' . -...... I'N/.,IL', ,:", OlI'!'!IlIIii- _...C....ca.... '","," :..~I::-" )lI--....~ " ",' r .,,; .." il' ,~- ....1fJ:JL-~.,.-:;; ,"" ~, ::.._ Il&i- r 36 11II '168 ' :',' ~~........ ~a..~~. ___,,_"8 EXHIBIT "A" '. ~ '''' ~ ,Bo0K1538 fAGE1116 . \ -.. FAIR DEBT CQLLECTION J;lRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any" portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 3D-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that. you dispute the debt and/or reque~t the name of the original creditor in writing within the 3D-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. . This law firm is attempting to colle'ct this' debt for our client and any information obtained will be used for that purpose. . The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of tre difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. .' C/ ~ t... , :PO.' \ . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. - ,.... C).J ~ '-C ~~ ~ <> - ~ l.,j ~ ~ ~ ~ ~ C> a & ~ if'! I--, \Y ).'1. (") c g, -ucP q:tn ",-:1) ZC ~~, !:Co ~o bO :Pc Z =< o N ]:lO -0 ;0.:.1 I co o ~.n ~T~;7d(Q ,"frn -e5C) ('- ~ ; :'"j9; It) , ,-~ -7'0 Or" ?l 55 '< -0 :Jt t.f? (J1 ....1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff No, 02-1731 Civil Term vs, JAMES E. ASCH and ROSALIE W. ASCH, PRAECIPE FOR DEFAULT JUDGMENT Defendants I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 116 Allegheny Center Pittsburgh, PA 15212 Kimberly J, Hong, Esquire PA J.D. NO, 74950 AND THE DEFENDANT IS: 140 Glendale Street Carlisle, PA 17013 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 BY: ATTORNEYS FOR PLAINTIFF WWR#02302133 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff No. 02-1731 Civil Term vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, James E. Asch and Rosalie W, ASCh, above named, in the default of an Answer, in the amount of $122,385,88 computed as follows: Principal Interest thru 5/13/02 at the legal interest rate of $28,05 per diem Late Charges thru 5/13/02 Escrow thru 5/13/02 Total Fees thru 5/13/02 Corp. Advance thru 5/13/02 Execution Costs thru 5/13/02 Attorneys fees thru 5/13/02 Title Search TOTAL $ 99,000.00 $ 18,112.08 $ 1,245.55 $ 943.00 $ 17,50 $ 1,967,75 $ 0,00 $ 1,050.00 $ 50.00 $ 122,385.88 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P, 237.1 on the dates indicated on the Notices. WELTMAN, W~~l REfS " L.P.A By: r~ ~ ~/ Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON.MILlTARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others, WELTMAN, WEINBERG & REISCO., L.PA l. / // By: Kimberly J. Hon Weltman, Weinber & Rei5 Co" L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff V5. Civil Action No. 02-1731 Civil Term JAMES E. ASCH and ROSALIE W. ASCH, Defendants. IMPORTANT NOTICE TO: James E. A5Ch 140 Glendale Street Carlisle, PA 17013 Date of Notice: 5-1-02 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTMAN, WEI~~., L.P,A. By: ' Kimberly J. Hong Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 THrs LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY. assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff V5. Civil Action No. 02-1731 Civil Term JAMES E. ASCH and ROSALIE W. ASCH, Defendants. IMPORTANT NOTICE TO: Rosalie W. Asch 140 Glendale Street Carlisle, PA 17013 Date of Notice: 5-1-02 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTMAN, WEINB~~~~, L.PA By: / j/ 1/ Kimberly J. Hong Weltman. Weinberg & Reis co. L.P,A, 2718Koppers Building 436 7th Avenue Pittsburgh. PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ ):) (.J -lq. fi:- fl ':-0 C> 0 0 r' \..,j () c: I'" - ~L ?;: :.'t ," F - ~--u "'OI,J::I :P ..~'-.; -:"~ nino; -,~ ~ Z:.:I1 , !J zr;_: N .-,-i-=-': ~ en ~~~ 0 (~Jo IN <CJ ...." :- .. ,.~ \' :?o ~'":I- -0\-:,':-:; .z. -" ~,; (') .... >2 t2 orn K 'f' ~ ,J:> ::r;! ::0 (.:> -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: 02-1731-Civil Term vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counselor Record for this Party: Kimberly J. Hong PA J.D. #74950 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02302133 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: 02-1731-Civil Term vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of the following Lienholders by Certificate of Mail on June 26, 2002. True and correct copies of said certificates of mail are attached hereto as Exhibit "Au. WELTMAN, WEINBERG & REIS, CO., L.P.A. ~/ Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania15219 S~orn .w~M sUbscribed Thls~dayof ,2002. ') NOTARIAL SEAL . ~~~p~~~~:~E~, NOTARY PUBLIC "OMMISSION ' LEGHENY COUNTY , EXPIRES MARCH 8, 2006 11 ::'"\"j <',:"'.-' 'S''-'' 1 SZO:,28 " ~ .... V ........d';J If. I.P -,'...l ~T<! ....." ~l~. :::' L' 0 ~ !~{r~I;~( , ,,' ,." \ (!) z ::i :;( ::E u.. o w !;( o ii: ~ w o ... 0 Z '" w 8 ..i 8 ~ ~ < . z I 0 ~ z IllS 0::0:: ww ...... ~~ z... <'" uO i='T "'w Wu ::!z 8~ 0:::> ~ a'" u.0!' 00:: u. wo '2 ",u. :>w > wO '8 "'> ~ ~~ 0:: w () ~ w (J) ..J ~ (J) o 0- en ::i U,S, POSTAL SERVICE CERTIFICATE OF MAILING ..:1 ~ ' . , ~ ~ ~\-:' ~JJ .../ PS Form 3817, January 2001 U,S, POSTAL SERVICE CERTIFICATE OF MAILING o o '" ~ .. :> c .. -, ...: ~ GO C') E o u.. en n. MAY BE useD FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: (I.', r, 4 [1) / " PS Form 3817, January 2001 cA- U,S, POSTAL SERVICE CERTIFICATE OF MAILING <i'!1c ,".;'1.:: ~ l",.~.. '! ~ ~-!o; MAY BE USEO FOR DOMESTIC AND INTERNATIONAL MAil. OOES NOT PROVIDE FOR INSURANCE-POSTMASTER ,'-"'.......~' .-, .-:--"-'-.'.---") .' : :.,~ ~ ~.--'7?~;/ro~~ 1Jl1~\!;c ~ 'IW l{'~ UJ',< ,: i.":"., PS Form 3817, January 2001 CA- EXHijiT~:';,~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants. NO: 02-1731-Civil Term TYPE OF PLEADING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counselor Record for this Party: Kimberly J. Hong PA J.D. #74950 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 th Avenue Pittsburgh, PA 15219 WWR #02302133 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: 02-1731-Civil Term vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriffs Sale has been served on the Defendants, James E. Asch and Rosalie W. Asch. 1. On or about June 11, 2002, Plaintiff mailed Defendants, a copy of the Notice of Sheriffs Sale, by certified mail, return receipt requested, to 140 Glendale Street, Carlisle, PA 17013. 2. On or about June 26, 2002, Plaintiff received the signed certified mail receipt indicating that a copy of the Notice had been served on the Defendants. A true and correct copy of said signed certified mail receipt is marked Exhibit "A". / Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 sw.or,~(fSLrbSCribe ThIs " day of ,2002. NOT AR/AlSEAl ANGELA M. SCH,OFIELD, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY MY COMMISSION EXPIRES MARCH B, 2006 ---~..._--_."-"."._-_....__._--,.,.~ .. . . · 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: ()~, . ,,'1',:.~i:'~~ _ I K...fJ(J t:,V, , ~ .. '.' , {C/O /;j&;~d~ ~ ~ PA 170(S / 2. Article Number (Transfer from ss'f:lce labeQ PS Form 3811 , A'ugust 2001 COMPLETE THIS SECTION ON OEL/VERY ~eceiv?d b~ ( Prin ~/f..... D, Is delivery address different trom ijem 1 If YES, enterctelivery address below: 3. Service Type J( Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandi o Insured Mail 0 C.O.D. 4, Restricted Delivery? (Extra Fee) 0 Yes 7001 1940 0001 9771 7761 Domestic Return Receipt 102S95.01.M.2 SENDER: COMPLETE THIS SECTION · 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 mail piece, or on the front If space permits, 1. Article Addressed to: I~ O/Jn.)~E A.1 cA.., , /L/C~d~~ ~L..J, pfJ /70 ( -3 2, Article Number (TranSfer from service label) PS Form 3811, August 2001 U,S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mali Omy No Insurance Coverage PrOVIded) ..JJ l"- I"- M Postage $ l"- I"- Certlfled Fee IT" M Retum Receipt Fee (Endorsement ReqUired) t:J t:J Restricted Delivery Fee t:J (Endorsement Required) t:J ToIaJ Postage a F_ ~ Sent To IT" M M t:J t:J l'- Postmark .. Here M t:J t:J t:J t:J ~ IT" M M t:J t:J l'- . ..,._-'----_....,_.--...__....,--,..~.,_.._<.. COMPLf TE HfI<:: )~c nON ON Dl L IVEfl Y 3. Se?,ice Type. , , ISI(Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandis o Insured Mail 0 C,O,D. 4, Restricted Delivery? (Extra Fee) 0 Yes :"'''10 0001 9771 7754 Domestic Return Receipt 102S95-Ql.M.2: U.S. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mall Only No Insurance Coverage PrOVIded) ~ U'] I"- "- (; Ie, A Certlfled Fee Postage $ (En Return Receipt Fee dorsetneot Required) Restricted Delivery Fee (Endorsement Required) Total Postage a Feee $ Sent To ~ & ....... '-- /"> "7'. I...... I~. " I~ St .-----..-.. -_......!:(f..~.~~_._.~...... L.J' _ or~'B~t-:"..; /40 .. ... . .......-.....................=..... iiiiy:SiB;;,;Zi;;;.4..,.......~lQa.Lf...~ULl...h no ~ Postmark Here . . b:; N f:: 4- Z ...... ~ 3~ ,wQ ~~;;j ::c (,)~ ';':,'F"' c.- ::J~ ',lC' N ~;~ Ed r~~ _1 ,1::Z W.~ .-J ,,tlLU -. cO 0- ......- -) <;. L'- N :s 0 0 (,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants NO: 02-1731-Civil Term TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT Filed on Behalf of: Plaintiff Counselor Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02302133 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: 02-1731-Civil Term vs, JAMES E. ASCH and ROSALIE W. ASCH, Defendants SUPPLEMENTAL AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and states that a copy of the Notice of Lienholders and Other Parties of Interest Pursuant to PaR.C.P. 3129.2(c) has been served on the following additional lienholders or other parties of interest, that were not included in the original 3129.1 Affidavit, on June 26. 2002: Boscofs Dept. Store PO Box 4274 Reading, PA 19602 WELTMAN, WEINBERG & REIS, CO., L.P.A. ~/ Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 S~O~f~dsubscribed ~#- T~~'2002 Notary Pub/' NOTARIAL SEAL ANGELA M. SCHOFIELD, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY MY COMMISSION EXPIRES MARCH 8, 2006 MAY BE USEO FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURAN E- OSTMASTER U,S, POSTAL SERVICE CERTIFICATE OF MAILING ..- -., / PS Form 3817, January 2001 cJ- EXHIBIT~ >- ~ \-' lIJQ Qt: l...l.- -'i'~ ~j,-) f~., 6e,: u.~!.J". if~; , F: u- o N ~ ::::>..a: 0- 0;; "'~ ::.:;:3 ~'~>- ".~1.~ ..,J_ c_~ tbCD g;lCl.. ~ =:5 u ('j ;tC. a.. ('oJ -I :::l ""') ('.1 o COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND } SS: I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Allegra Credit Co is the grantee the same having been sold to said grantee on the 4th day of fum! AD., )2002, under and by virtue of a writ Execution issued on the 7th day of June, A.D" 12002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1731, at the suit of Allegra Credit Co against James E Asch & Rosalie W is duly recorded in Sheriffs Deed Book No. 253, Page 3261. IN TESTIMONY WHEREOF, I have hereunto set my hand '2-' and seal of said office this '. day of Sent, AD. )2002. -~~?f--7 J;?/' Recorder of Deeds Altegra Credit Company, assignee of National City Bank of Pennsylvania Vs James E. Asch and Rosalie W. Asch In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1731 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on June 19,2002 at 10:52 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James E. Asch, by making known unto James E. Asch personally, at 140 Glendale Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on June 19,2002 at 10:53 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Rosalie W. Asch, by making known unto James E. Asch, husband, at 140 Glendale Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy ofthe same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 3: 12 o'clock P.M., he posted a !rue copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James E. Asch and Rosalie W. Asch located at 140 Glendale Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: James E. Asch, by regular mail to his last known address of 140 Glendale Streeet, Carlisle, PA 17013. This letter was mailed under the date of July 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one ofthe within named defendants to wit: Rosalie W, Asch, by regular mail to her last known address of 140 Glendale Street, Carlisle, P A 17013, This letter was mailed under the date of July 18, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4,2002 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Kimberly Hong for Altegra Credit Company. It being the highest bid and the best price received for the same Altegra Credit Company of 150 Allegheny Center, Pittsburgh, PA 15212, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $765.12, it being costs, Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 15.00 15.00 15.00 30.00 10.00 .50 1.00 6.90 1.17 15.00 30.00 293.30 222.55 25.20 25.00 29.50 $ 765.12 paid by attorney 9/17/02 Sworn and subscribed to before me This~.7......<dayof ~hf;-~L. , , " 2002,A.D.CJ.r C2. In.;;,~~ Ip othonotary y' ~~:...~#~ iC:fhomas Kline, Sheriff By00cLf Jnidi1 Real Estate Deputy ~ ~ bl.'> ,tf0 {JJ \, t.ie..:, 1)0,'1 Ol.c, I J 'I 'ill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALTEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: 02-1731 Civil Term vs, JAMES E. ASCH and ROSALIE W. ASCH, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF ALLEGHENY Altegra Credit Company, et. aI., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of James E. Asch and Rosalie W. Asch, located at 140 Glendale Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM"OF JAMES E. ASCH AND ROSALIE W. ASCH OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 3RD WARD, BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 140 GLENDALE STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 198, PAGE 789 PARCEL NUMBER 04-20-1796-014. I, The name and address of the owners or reputed owners: James E. Asch and Rosalie W. Asch 140 Glendale Street Carlisle, PA 17013 2. The name and address ofthe Defendants in the judgment: James E. Asch and Rosalie W. Asch 140 Glendale Street 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: Allegra Credit Company, et. al. (Plaintiff) Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 4. The name and address of the last record holder of every mortgage of record: Allegra Credit Company, et. al. (Plaintiff) American General Finance, Inc. Six South Hanover Street Carlisle, PA 17013 5. The name and address of every other person who has any record lien on the property: NONE 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: Inheritance Tax Bureau One Courthouse Square Carlisle, P A 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. 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. Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this !:L!!day of ,2002. NOTARIAL SEAL ANGELA M, SCHOFiELD, NOTARY PUBLIC CllY OF PITTSBURGH, ALLEGHENY COUNlY MY COMMISSION EXPIRES MARCH 8, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DMSION ALTEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF P.ENNSYL VANIA, Plaintiff, NO: 02-1731 Civil Term vs. JAMES E. ASCH and ROSALIE W. ASCH, Defendants, NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James E. Asch 140 Glendale Street Carlisle, P A 17013 and Rosalie W. Asch 140 Glendale Street 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 the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, P A on September 4,2002, at 10:00 A.M., the following described'real estate, of which James E. Asch and Rosalie W. Asch are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES E. ASCH AND ROSALIE W. ASCH OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 3RD WARD, BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 140 GLENDALE STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 198, PAGE 789 PARCEL NUMBER 04-20-1796-014. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Altegra Credit Company, et. aI., Plaintiff, vs, James E. Asch and Rosalie W. Asch, Defendants. at Execution Number 02-1731 Civil Term in the amount of $ 125,792.51, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office ofthe Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service ofthe Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HA VB THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & IS, CO., L.P.A. IGmberly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-1731 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cnmberland COUNTY: To satisfy the debt, interest and costs due AL TEGRA CREDIT COMPANY ASSIGNEE OF NATIONAL CITY BANK OF PENNSYL VANIA PLANTIFF(S) From JAMES E ASCH AND ROSALIE W ASCH (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION (2) (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) islare enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $122,385.88 L.L.0.50 Interest AT THE RATE OF $28.05 PER DIEM FROM 5/13/02 TO 9/04/02 $3,225.75 Due Prothy $1.00 Ally's Cornm % Other Costs Ally Paid $119.45 LATE CHARGES THRU 9/04/02 $180.88 Plaintiff Paid Date: JUNE 7, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name: KIMBERLY J HONG ESQ Address: 436 7TH A VENUE PITTSBURGHPA 15219 By:, '1t./~,-,::-, >>~ ~ Attorney for: PLFF Telephone: 4124347955 Supreme Court ID No, 74950 Real Estate Sale # 65 On June 18, 2002 the sherifflevied upon the defendant's interest in the real property situated in The Borough of Carlisle, Cumberland County, P A known and numbered as 140 Glendale Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By:-Jo~ S~ Real Estate Deputy c""-') r::\ii) r::vil c;:::::I Gi) GVi1 ; -1 ) -;,;. C _,: '\ '~'.', ,', l., \ \\\\\ ~ ),iii'", :\;\\" " , - (\'J ',,:\:\0 , ..:.1' -.,,--, -'P... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of publieation Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and.Ihe. Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and!or Sunday! Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #65 Notanal Seal T eny L, Russell, NotalV Public City Of Harnsburg, Dauphin My Commission Expires June 6, 2006 Member. Pennsylvania Association Of NOTARY PUBLIC commission expires June 6, 2006 RP>L. e,liTATt SA.... - "" Writ 110. 2OOll-1731 e\VIIT.nn AlIeII'. e!8d1l Co" ...111.... of Nellon.1 CIIy a.nk of _eytwnl. n _E.~end ROMI" W. AeCh Atty: KImberlY Honll DESCRJI'TlON ' ALL THAT CEJITAIN _ or lot of taNl SItuate , the Thilti Wan! of the ]loroIljh of Carlisle, ~umberland County, \'e1lOSylwoia, bouoded and described as follows: BEGINNING at a pipe 011 the No~st come~ of Gleudale street aNl . leO.foot WIde alley, t\leOCOby lhe North side of said alley m. Wasterly directioo 180 feet m . plpe at lot No: 10 00 the hete\nafter menuooed Platt of U>ls, thence by the East side of Lot No.l.O and 11; iti a Northerly directioo 67,8 feet to. plpe: theoce by a line, running parallel to and 10feetNorth of the dividingUne between t.otsNos. 1 and 2 on the he<eina!ter mentiooed PIau of !.oil in au ~terly . directioo 180 feet to. pipe 00 the Weat aide of Advertising Cost Glendale Street" thence by the West side of GlendalesueeJua.southe~61.9feet ., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general ~~w::'~=:'I~:~~~ Ie receipt of the aforesaid notice and publication costs and certifies that the same have No, 140 Gleuda\t S_ BEING Lot No.1 and the Southern 10 feet or Lot No, 20n thetcertain plan of tots of s\lerWOOdV, Gibeau aud wife. as iecorded in the Office of the _ of Deed. in aud fur said QnuberIand County in PlanBook No.4, page 3&.. BEING the same ~ses which DanielW. Stott. and Susan H, Stoll, by Deed dated April 28, t 999 aud recorded in Cumherland County 00 May), 1999 at Deed Book Volume 198, Page 789 gtant<d aNl conveyed to lames E. A",h and Rosalie W. Asch. ---. ---.----.-.. -- CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO" Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 220.80 1,75 222,55 By,."".,.,.""""",.,.,.,.,.,.,.,.,.,.,.,.,.,.,"",.,.,.,.,.,.,' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 66 ~Editor Writ No, 2002-1731 Civil Altegra Credit Company. assignee of National City Bank of Pennsylvania vs, James E. Asch and Rosalie W. Asch Atly,; Klmberly Hong LONG FORM DESCRIPTION ALL THAT CERTAIN TRACT or lot of land situate in the Third Ward of the Borough of Carlisle. Cumber- land County. Pennsylvania. bound- ed and described as follows: BEGINNING at a pipe on the Northwest corner of Glendale Street and a ten foot wide alley; thence by the North side of said alley in a Westerly direction 180 feet to a pipe at Lot No. 10 on the hereinafter SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 NOTARIAL LOIS E. SNYDER. Notary NlIIc Carlisle Boro. cumberland COlIlIY My eo....ds8lon Expir8I MIId15! 2OQ6. r- y _..._. ...\..._~~~ h.H r-- ,,' -07 the North side of said alley in a Westerly direction 180 feet to a pipe at Lot No. lOon the hereinafter mentioned Plan of Lots; thence by the East side of Lot No. 10 and 11, in a Northerly direction 67.8 feet to a pipe; thence by a line running parallel to and 10 feet North of the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots in an Easterly direc- tion 180 feet to a pipe on the West side of Glendale Street: thence by the West side of Glendale Street in a Southerly direction 67.9 feet to the pipe at the Place of BEGINNING, being improved with a frame dwell- ing house known as No. 140 Glen- dale Street. BEING Lot No, 1 and the South- ern 10 feet or Lot No.2 on that cer- tain plan of lots of Sherwood V. Gibean and wife. as recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan Book No, 4, page 38- BEING the same premises which Daniel W. Stott and Susan H. Stott. by Deed dated April 28, 1999 and recorded in Cumberland Connty on May 3. 1999 at Deed Book Volume 198, Page 789 granted and con- veyed to James E. Asch and Rosalie W, Asch. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: 02-1731 Civil Term vs. TYPE OF PLEADING: JAMES E, ASCH and ROSALIE W. ASCH, PRAECIPE TO SATISFY JUDGMENT Defendants, FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Kimberly J. Hong PA J.D. #74950 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 ih Avenue Pittsburgh, PA 15219 (412) 434-7955 I/WIIR# 02302133 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AL TEGRA CREDIT COMPANY, assignee of NATIONAL CITY BANK OF PENNSYLVANIA, Plaintiff, NO: 02-1731 Civil Term vs. JAMES E, ASCH and ROSALIE W. ASCH, Defendants, PRAECIPE TO SATISFY JUDGMENT PROTHONOTARY: Kindly satisfy the judgment and mark the docket accordingly, Respectfully submitted: Weltman, Weinberg & Reis Co., L.PA / t./' /-:: " By: Kimberly J, Hong Weltman, Weinberg & Reis Co" L.PA 2718 Koppers Building 436 ih Avenue Pittsburgh, PA 15219 (412) 434-7955 ,2005 , '.."-;i '.^1h Q ~:7 ~ c;:> ;or ~ ~ f'~ <.l' .\~;\~ t/; 0 2'" l~:; ~;:\ ~ q, 94""\ r\lc:, (1\'..:, -=i,';Y -;-..... ---I r~"'?.J~J, :~ "~'.~': -' "..:.~ r:Jl """'(~ v' " o u:>