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HomeMy WebLinkAbout02-1793FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 0a - 1793 e,otC- ? THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. LISA A. BOBONICK AN PERNELL J. BOBONICK, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE aDL - /793 C,0?C`? COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, is a Corporation originated under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, acting through its servicing agent of Alliance Mortgage Company, with an address of 8120 Nations Way, Jacksonville, Florida 33256. 2. Defendant, LISA A. BOBONICK, is an adult individual, whose last known address is 1833 RITNER HIGHWAY, SHIPPENSBURG, PENNSYLVANIA 17257. Defendant, PERNELL J. BOBONICK, is an adult individual, whose last known address is 1833 RITNER HIGHWAY, SHIPPENSBURG, PENNSYLVANIA 17257. 3. On or about, February 16, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $75,000.00 payable to HARRIS SAVING BANK. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 1833 RITNER HIGHWAY, SHIPPENSBURG, PENNSYLVANIA 17257 and is more particularly described in Exhibit "A" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on October 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $15.03 per day From 09/01/2001 To 05/01/2002 ( based on contract rate of 7.500%) Accumulated Late Charges Late Charges $26.22 From 10/01/2001 to 05/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $73,169.66 $4,103.18 $157.32 $235.97 $0.00 $3,658.48 $81,324.61 **Together with interest at the per diem rate noted above after May 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.500% ($15.03 per diem), together with other charges and costs including escrow advances incidental thereto to the date of She iff's Sale and for foreclosure and sale of the property within described. By: P RCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) A=14810.tit (1696x28OOx2 titt) L91 ^. ^ SCIMIME loci, AM UW certPin tract of Jatd nath'cstdn? tsailsr and dwsllitg hou a arsotd there- on, situate in Worth Newton Township, CuaberJani Canny, PinnWIValiar beaded and ' described an follawen Samm m at a potirt in pidilic rode kwM as Ritag Rrg4a0r, balm U.B. Rauh il, at oor0er of lads of GJadys W. 4ourbae, a d Jude taitr or faoerly of owl" W. ume Welt, two h wansd4110 y-three (263) feet to Viaddo by pint thence along land tww or famariy at Howe Nash forty-foor' (44 degress am tij mimts thirty (30) seconds Beet. ass handrad and dghty-fiw laadredthe (100.85) fact to a point merkW by an Iran pint. dunce. along other Janie of Madya W. Bmwbaer, South fifty- (50) degraes fifty-fight (58). mimta four (4) momm Zest, ant hundred sixty-four and thirty-eight hrdradthe (164.38) fiat to a point marked by an iron pint emnoe continuing by other Jands of Gladys W. BaurbW, North sixty-arm (61) dayws¦ fifty-fiw (55) mirmtm fatty (40) seconds Bmti eighty (80) feet to a point mulmd by an iron pint them amtinuing by smear South t mnty- sight (28) dogress. faux (4) minutes, tetarty (20) seconds But, cm hundred forty (140) feet to a point in the alcaesaid pablia road, known as Rithsr.Niphwyr, being U.B. Rama 11t the= throxA -the said public road, known. as Ritter >?+aY. U.B. Rama 11, South fifty-sight (SB) degrees, fifty-five' faxty (40 seconds West, am htgdred.fifty (150) feet to a point mub d by an iron pin, the place of 9e9innirg. CCNV4N a 0.848 acres, and being Lat.Wo. 2 an &9r&vi.siant far Gladys W. Saurbsor, pcaptu'ed by Milbur W. Clifton, R.S.or dated July 30, 1960, a copy of trA said Plat bomV recorded in the office of the Awotdsr of Cassia of Cunhnrrlmd county* PA, in Pion Node 42, Page 20. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 8, 2002 Leon P. Haller, Esquire tAKJ CD s ?y J L n ?z r? SHERIFF'S RETURN - REGULAR CASE NO: 2002-01793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS BOBONICK LISA A ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BOBONICK LISA A was served upon the DEFENDANT , at 1745:00 HOURS, on the 15th day of April 2002 at 1833 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to LOUISE BOBONICK, GRANDMOTHER AND TENANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 42.49 Sworn and Subscribed to before me this /P? day of t ? '200 2. A.D. Prothonotary' So Answrers : R. Thomas Kline 04/16/2002 PURCELL KRUG HA ER By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-01793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS BOBONICK LISA A ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOBONICK PERNELL the DEFENDANT , at 1745:00 HOURS, on the 15th day of April , 2002 at 1833 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to LOUISE BOBONICK, GRANDMOTHER AND TENANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this fft day of 1? n- 11 ?yoZ A. D. ?)3d Ad? 44 A /P othonotary So Answers: .0Q41 - R. Thomas Kline 04/16/2002 PURCELL 7;-Deputy ER By: heriff FEDERAL NATIONAL MORTGAGE IN THE COURT OF COMMON PLEAS ASSOCIATION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 02-1793 CIVIL LISA A. BOBONICK AND PERNELL CIVIL ACTION LAW - J. BOBONICK IN MORTGAGE FORECLOSURE Defendants P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and i against Defendants Lisa A. Bobonick and Pernell J.i Bobonick for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $15.03 from 9/1/01 to 5/1/02) Accumulated late charges and Late charges ($26.22 per month to 5/02) 5W Attorney's Commission TOTAL $73,1169.66 $ 4,1103.18 ?I $ 393.29 3 ,658.48 $81,11324.61** ** Together with additional interest at the per d'em rate indicated above from May 1, 2002, based on the contract rat ', and other charges and costs to the date of Sheriff's Sale. PURCELL, By lov Haller A I.D. #15700 19 North Front Street _,-11? ? Harrisburg, PA 1710 (717) 234-4178 1 Jkj S t^ W it C7' FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1793 CIVIL CIVIL ACTION LAW - IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on ,- 1,?/; following judgment has been entered against you captioned matter: $81,324.61 and for the sale and foreclosure located at: 1833 Ritner Highway, Shippensburg, Dated: Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) a addresses are the proper individuals to receive pursuant to PA R.C.P. No. 236: Lisa A. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 your property 17257 their respective is Notice Pernell J. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1793 CIVIL CIVIL ACTION LAW - IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of against Defendants Lisa A. Bobonick and Pernell J failure to plead to the above action within twent date of service of the Complaint, and assess Plai follows: ** Together with additional interest at the per them rate indicated above from May 1, 2002, based on the contract rata, and other charges and costs to the date of Sheriff's Sale. .e Plaintiff and Bobonick for (20) days from iff's damages as 169.66 103.18 393.29 TOTAL $81,324.61** Unpaid principal balance $73 Interest $ 4 (Per diem of $15.03 from 9/1/01 to 5/1/02) Accumulated late charges and Late charges $ ($26.22 per month to 5/02) 5% Attorney's Commission 3 PURCELL, By_/ X719 North Front S1 Harrisburg, PA 171( (717) 234-4178 .D. #15700 v' FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1793 CIVIL CIVIL ACTION ± LAW - IN MORTGAGE FbRECLOS PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 .•a TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 1833 Ritner Highway, Shippensburg, PA 17257 as follows: Amount due pursuant to Judgment $81,324.61; Interest (Per diem of $15.03 from 5/1/02 to 9/4/02) $ 1,878.75 Late Charges at $26.22 (5/02 to 9/02) $ 104.88 Escrow deficit fi 1Irnn nn TOTAL WRIT $84,808.24** ** Together with any additional interest, charges and costs to the date of Sheriff's Sale. By - L LER IA D. #15700 TORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: June 11, 2002 Attached is a description of the real estate. LEGAL DESCRIPTION ALL that certain tract of land with cabin, trailer and dwelling house erected thereon, situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGIM4ING at a point in public road, known as Ratner Highway, t at corner of lands of Gladys W. Sourbeer, and lands now or form Meyers, thence North forty-six (46) degrees thirty-eight (38) m seconds West, two hundred eighty-three (283) feet to a point = thence along land now or formerly of Koser, North forty-four (4 minute thirty (30) seconds Fast, one hundred and eighty-.five hu feet to a point marked by an iron pin; thence along other lands Sourbeer, South fifty (50) degrees fifty-eight (58) minutes fou one hundred sixty-four and thirty-eight hundredths (164.38) fee by an iron pin; thence continuing by other lands of Gladys W. S sixty-one (61) degrees fifty-five (55) minutes forty (40) secon feet to a point marked by an iron pin; thence continuing by sore eight (28) degrees, four (4) minutes, twenty (20) seconds East, (140) feet to a point in the aforesaid public road, known as Ri U.S. Route 11; thence through the said public road, known as Ri U.S. Route 11, South fifty-eight (58) degrees, fifty-five (55)'. seconds West, one hundred fifty (150) feet to a point marked by place of Beginning. CONTAINING 0.848 acres, and being Lot No. for Gladys W. Scurbeer, Prepared by Wilbur H. Clifton, R.S., da a copy of the said plan being recorded in the office of the Rec Clmiberland County, PA, in Plan Book 42, Page 20. HAVING THEREON ERECTED A DWELLING KNOWN AS 18 Shippensburg, Pennsylvania :ing U.S, Route 11, :rly of Charles W. .nutes forty (40) 'ked by an iron pin; E) degrees one (1) dredths (100.85) of Gladys W. (4) seconds East, : to a point marked narbeer, North Ls East, eighty (80) ?, South twenty- one hundred forty ner.Highway, being ner Highway, being iinutes, forty (40) an iron pin, the on Sub-division :ed July 30, 1980, rder of Deeds of Ritner Highway, BEING THE SAME PREMISES which Gladys W. Sourbe r, by Deed dated March 29, 1985 and recorded April 2, 1985 in Cumberland County Deed Book E31, Page 467, granted and conveye unto Pernell J. Bobonick and Lisa A. Bobonick. i TO BE SOLD AS THE PROPERTY OF PERNELL J. BOB( BOBONICK UNDER JUDGMENT NO. 2002-1793 CIVIL TERM AND LISA A. PARCEL NO. 30-11-0304-002A R?, cf? ? w o 0 ? F? ? F S C J T a S v\ -j rz ^a Mm rr b'f ?J ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1793 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: I To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff (s) From LISA A. BOBONICK AND PERNELL J. BOBONICK, 1833 Rimer Highway, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied up n in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gams hee(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 $81,324.61 L.L.$.50 Interest (PER DIEM OF $15.03 FROM 5/1/02 TO 9/4/02) $1,878.75 Atty's Comm % Due Prothy $1.00 Atty Paid $130.49 Other Costs LATE CHARGES AT $26.22 (5/02 TO 9/02) $104.88 ESCROW DEFICIT $1,500.00 TOGETHER WITH ANY ADDITIONAL INTEREST, CHARGES AND COSTS TO THE DATE OF SHERIFF'S SALE Plaintiff Paid Date: JUNE 12, 2002 CURTIS R. NG (Seal) Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N FRONT ST, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff Vs. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i NO. 02-1793 CIVIL CIVIL ACTION -',LAW - IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that on May 8, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant(s) in this matter by regular first class mail, postage prepaid, as ind'cated on the attached Notice. PURCELL, KRUG & By Haller I.D. A orney for Plai iff 1719 North Front treet Haririsburg, PA 1 102 15700 Dated: June 11, 2002 ? G C.?, ? L.. ? -v cr (Tl{T? _ , ?Ci `. `?` 7%' G W j ?v r FEDERAL NATIONAL MORTGAGE : IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 02-1793 CIVIL TERM LISA A. BOBONICK AND PERNELL J. BOBONICK : CIVIL ACTION LAW Defendants : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: May 8, 2002 TO: LISA A. BOBONICK 1833 RITNER HIGHWAY SHIPPENSBURG, PENNSYLVANIA 17257 PERNELL J. BOBONICK 1833 RrFNER HIGHWAY SHIPPENSBURG, PENNSYLVANIA 17257 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE+ATEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFO TION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BEE RED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERI CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PURCELL, KRUG & By LEON P-JrKL , Attome for Plaintiff I.D. # 157M 'LL 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 o N T? Z?.; ''? 1 ? "w Ci Zi ,?'- ??? fs - L? D ?_ G? ) ? rn ?? -- a A `-? -G FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i NO. 02-1793 CIVIL CIVIL ACTION 1 LAW - IN MORTGAGE F6RECLOS The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the prae ipe for the writ of execution was filed, the following information concerning the real property located at 1833 Ritner Highway, Shi pensburg, PA 17257: 1. Name and address of the Owner(s) or Lisa A. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 Pernell J. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 2. Name and address of Defendant(s) in the different from that listed in (1) above: SAME 3. Name and address of every judgment credit appears of record on the real property to be sold: Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of PA 983 Wayne Avenue Chambersburg, PA 17201 Owner(s): t, if whose judgment of every mortgage 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person Plaintiff has knowledge who has any interest in may be affected by the sale: TENANTS IF ANY ... Louise Bobonick 1833 Ritner Highway Shippensburg, PA 17257 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addre reasonably ascertained, the same is indicated.) whom the property which could not be I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relat ng to unsworn falsification to authorities. -'e-1 Pufcell, Krug 1719 North Frc Harrisburg, Pa (717) 234-4] PA I.D: #15700 r Haller it Street 17102 78 DATE: June 11, 2002 O O st-i m 2s _ 1 w A .J G FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' I NO. 02-1793 CIVIL CIVIL ACTION LAW - IN MORTGAGE FORECLOSURE ZFF'S SALE PURSUANT TO TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 estate) will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1833 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and C unto to: 2002-1793-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED is: of this property LISA A. BOBONICK AND PERNELL J. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distributi n may be obtained from the Sheriff of the Court of Common Pleas of he within County at the Courthouse address specified herein. YOUR PROPERTY. PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with he same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFFS DEED S DELIVERED. 3. A petition or petitions raising the lega issues or rights mentioned in the preceding paragraphs must be pre ented to the Court of Common Pleas of the within County. The etition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentati n of the petition to the Court. A copy of the Writ of Execution is attached PURCELL, KRUG & HAL ER Attorneys for Plain iff 1719 North Front Street Harrisburg, PA 1710 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land with cabin, trailer and dwelling house erected thereon, situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in public road, ]mown as Rimer Highway, at corner of lands of Gladys W. Scurbeer, and lands now or foe Meyers, thence North forty-six (46) degrees thirty-eight (38) seconds West, two hundred eighty-three (283) feet to a point n thence along land now or formerly of Koser, North forty-four i minute thirty (30) seconds Rant, one hundred and eighty-.five k feet to a point marked by an iron pin; thence along other lane Sourbeer, South fifty (50) degrees fifty-eight (58) minutes fc one hundred sixty-four and thirty-eight hundredths (164.38) fe by an iron pin; thence continuing by other lands of Gladys W. sixty-one (61) degrees fifty-five (55) minutes forty (40) sect feet to a point marked by an iron pin; thence continuing by sa eight (28) degrees, four (4) minutes, twenty (20) seconds East (140) feet to a point in the aforesaid public road, known as P U.S. Route 11; thence through the said public road, knave as P U.S. Route 11, South fifty-eight (58) degrees, fifty-five (55) seconds West, one hundred fifty (150) feet to a point marked b place of Beginning. CCNTAINING 0.848 acres, and being Lot No. for Gladys W. Sourbeer, prepared by Wilbur H. Clifton, R.S., d a copy of the said plan being recorded in the Office of the Re Cu Berland County, PA, in Plan Book 42, Page 20. HAVING THEREON ERECTED A DWELLING KNOWN AS Shippensburg, Pennsylvania Ang U.S. Route 11, only of Charles W. Lnutes forty (40) -ked by an n pin; {) degrees one (1) dredths (100.85) of Gladys W. (4) seconds East, to a point marked wrbeer, North Is East, eighty (80) :, South twenty- one hundred forty mer.Highway, being ner Highway, being unutes, forty (40) an iron pin, the on Sub-division :ed July 30, 1980, rder of Deeds of Ritner Highway, BEING THE SAME PREMISES which Gladys W. Sourbe r, by Deed dated March 29, 1985 and recorded April 2, 1985 in Cumberland County Deed Book E31, Page 467, granted and conveyed unto Pernell J. Bobonick and Lisa A. Bobonick. TO BE SOLD AS THE PROPERTY OF PERNELL J. BOB( BOBONICK UNDER JUDGMENT NO. 2002-1793 CIVIL TERM AND LISA A. PARCEL NO. 30-11-0304-002A C) vu? r -t- C?1F'' •?? En ?; rl _) tv : Y a } D r= W a 4 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1793 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on - -D a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Lisa A. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 Pernell J. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of PA 983 Wayne Avenue Chambersburg, PA 17201 Louise Bobonick 1833 Ritner Highway Shippensburg, PA 17257 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 By PURCELL, FgPW & HALLER I Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUGANDHALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LEON P. HALLER JOHN W. PURCELL JR. BRIAN J. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Lisa A. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 Pernell J. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of PA 983 Wayne Avenue Chambersburg, PA 17201 Louise Bobonick 1833 Ritner Highway Shippensburg, PA 17257 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale an that you have an opportunity to protect your interest, if y, being notified of said Sheriff's Sale. By: e Haller P I.D.15700 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1793 CIVIL LISA A. BOBONICK AND PERNELL CIVIL ACTION - LAW - J. BOBONICK IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1833 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-1793-CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property s: LISA A. BOBONICK AND PERNELL J. BOBONICK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land with cabin, trailer and dwelling house erected thereon, situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINM*ir- at a point In public road, known as Ritner Highway, being U.S, Route 11, at corner of lands of Gladys W. Sourbeer, and lands now or formerly of Charles W. Meyers, thence North forty-six (46) degrees thirty-eight (38) minutes forty (40) seconds West, two hundred eighty-three (283) feet to a point marked by an iron pin; thence along land now or formerly of Boser, North forty-four (44) degrees one (1) minute thirty (30) seconds Fast, am hundred and eighty-.five hundredths (100.85) feet to a point marked by an iron pin; thence along other lands of Gladys W. Sourbeer, South fifty (50) degrees fifty-eight (58) minutes four (4) seconds East, one hundred sixty-four and thirty-eight hundredths (164.38) feet to a point marked by an iron pin; thence continuing by other lands of Gladys W. Sourbeer, North sixty-one (61) degrees fifty-five (55) minutes forty (40) seconds East, eighty (80) feet to a point marked by an iron pin; thence continuing by same, South twenty- eight (28) degrees, four (4) minutes, twenty (20) seconds East, one hundred forty (140) feet to a point in the aforesaid public road, known as Ritner.Highway, being U.S. Route 11; thence through the said public road, knavn as Ritner Highway, being U.S. Route 11, South fifty-eight (58) degrees, fifty-five (55) minutes, forty (40) seconds West, age hundred fifty (150) feet to a point marked by an iron pin, the place of Beginning. CLNTAINING 0.848 acres, and being Lot No. 2 on Sub-division for Gladys w. Sourbeer, prepared by ililbur H. Clifton, R.S., dated July 30, 1980, a copy of the said plan being, recorded in the office of the Recorder of Deeds of Cumberland County, PA, in Plan Book 42, Page 20. HAVING THEREON ERECTED A DWELLING KNOWN AS 1833 Ritner Highway, Shippensburg, Pennsylvania BEING THE SAME PREMISES which Gladys W. Sourbeer, by Deed dated March 29, 1985 and recorded April 2, 1985 in Cumberland County Deed Book E31, Page 467, granted and conveyed unto Pernell J. Bobonick and Lisa A. Bobonick. TO BE SOLD AS THE PROPERTY OF PERNELL J. BOBONICK AND LISA A. BOBONICK UNDER JUDGMENT NO. 2002-1793 CIVIL TERM PARCEL NO. 30-11-0304-002A • Complete items 1, 2, and 3. Also complete Irrn 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attaoh this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: V v A 2 A. Sig ure Agent ? Addre B. eiv by (xnw Na") C ete of Del delivery address different from item 1? U YOE KES, enter delivery address below: ? No ice Type lY'Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number 7 t C 3 1 o t 9%414 r (S ? 8 d ?.. (Ransfer from service law P6,form 3811, August 2oo1 Domes... W 102506-02•WI035 7160 3901 9844 8157 8702 TO: Lisa A. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 SENDER: REFERENCE: j RETURN vostage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery 3.20 Total Postage a Fees POSTMA US Postal Service R i t f ece p or Certified Mail co G q J ? No Insurance Coverage Provided A a S i Do Not Use for International Mail __ .. 111111111 7MA 3101 1644 x157 8719 3: _Service Type CERTIFIED MAIL {, Restricted Deeveryr Isom _-- ! 1. Article Addressed. o: Pennell J. Bobonick _ e p14 y i a? *A- I?n ?- to a 7160 3901 9844 8157 8719 TO: Pennell J. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 SENDER: REFERENCE: RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee D. s delivery address different from Item 1? ? Yes If YES, odor delivery address below. ? No Total Postage & Fees US Postal Service Receipt for LOW Certified Mail No Insurance Coverage Provided Do Not Use for International Mail ------------ -- - ------- - I Alliance v. Bobonick Cumberland County sale 9/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Lisa A. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Pernell J. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 3877 c Received from: PurcellKrug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: -- Cumberland County Adult Probatio: 1 Courthouse Square Carlisle, PA 17013-3387 U.SQdsIACf AA 67 y e'5 .70 as . . Alliance v. Bobonick Cumberland County sale 9/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of PA 983 Wayne Avenue Chambersburg, PA 17201 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Louise Bobonick 1833 Ritner Highway Shippensburg, PA 17257 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) 5asn Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 0 Q,?tSeLw`4"'"_,?? U.S.?OSIAGE y .7 0 =d sizw ' P 6; 6'.505 ° COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Tenn, 2002 Number 1793, at the suit of Federal Natl Mtg Assoc against Lisa A Bobonick & Pernell J is duly recorded in Sheriff's Deed Book No. 254, Page 436. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of A , A.D. 2002 n of Deeds Federal National Mortgage Association in The Court of Common Pleas of VS Cumberland County, Pennsylvania Lisa A. Bobonick and Pemell J. Bobonick Writ No. 2002-1793 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2002 at 11:20 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: Pernell J. Bobonick, by making known unto Louise Bobonick, mother of defendant, at 1833 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Lisa A. Bobonick, but was unable to locate her in his bailiwick. Defendant's husband stated she may be living in Norfolk, Virginia (exact address is unknown). The post office has no forwarding information. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 09, 2002 at 5:50 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lisa A. Bobonick and Pernell J. Bobonick located at 1833 Rimer Highway, Shippensburg, 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: Pernell J. Bobonick, by regular mail to his last known address of 1833 Ritner Highway, Shippensburg, PA 17257. This letter was mailed under the date of July 19, 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, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1000.00, it being costs. Sheriffs Costs: Docketing $ 30.00 Poundage 11.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 10.00 .50 1.00 16.56 3.55 15.00 30.00 432.80 308.95 25.20 25.00 29.50 $ 1000.00 paid by attorney 10/14/02 Sworn and subscribed to before me/ This d2A?day ofle)' ? R. Thomas Kline, Sheriff 2002,A. "- BY-Je???r?u?1 rothonotary Real Estate Deputy (11' U"0 ?• (?k- 38SL1 pU$y? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1793 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff (s) From LISA A. BOBONICK AND PERNELL J. BOBONICK, 1833 Ritner Highway, Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property 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 $81,324.61 L.L.$.50 Interest (PER DIEM OF $15.03 FROM 5/1/02 TO 9/4/02) $1,878.75 Arty's Comm % Due Prothy $1.00 Arty Paid $130.49 Other Costs LATE CHARGES AT $26.22 (5/02 TO 9/02) $104.88 ESCROW DEFICIT $1,500.00 TOGETHER WITH ANY ADDITIONAL INTEREST, CHARGES AND COSTS TO THE DATE OF SHERIFF'S SALE Plaintiff Paid L? Date: JUNE 12, 2002 Prothonota [? -yy) (Seal) EEO C //U11LCCi?- Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N FRONT ST, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 72 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA known and numbered as 1833 Rimer Highway, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By: Jo dq , f ni 166 Real Estate Deputy Aar, ,?.l?ao o? FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1793 CIVIL LISA A. BOBONICK AND PERNELL CIVIL ACTION - LAW - J. BOBONICK IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1833 Ritner Highway, Shippensburg, PA 17257: 1. Name and address of the Owner(s) or Reputed Owner(s): Lisa A. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 Pernell J. Bobonick 1833 Ritner Highway Shippensburg, PA 17257 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Beneficial Consumer Beneficial Mortgage 983 Wayne Avenue Discount Company d/b/a Co. of PA Chambersburg, PA 17201 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Louise Bobonick 1833 Ritner Highway Shippensburg, PA 17257 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leo ler PA I. D. #15700 Pu ce Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 11, 2002 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. LISA A. BOBONICK AND PERNELL J. BOBONICK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1793 CIVIL CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE:WEDNESDAY, SEPTEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1833 RITNER HIGHWAY, SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-1793-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: LISA A. BOBONICK AND PERNELL J. BOBONICK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU NUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain tract of land with cabin, trailer and dwelling house erected thereon, situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in public road, known as Ritner Highway, being U.S, Route 11, at corner of lands of Gladys W. Scurbeer, and lands now or formerly of Charles W. Meyers, thence North fm-ty-six (46) degrees thirty-eight (38) minutes forty (40) seconds West, two hundred eighty-three (283) feet to a point marked by an iron pin; thence along land now or formerly of Koser, North forty-fair (44) degrees one (1) minute thirty (30) seconds Fast, one hundred and eighty-.five hundredths (100.85) feet to a point marked by an iron pin; thence along other lands of Gladys W. Sourbeer, South fifty (50) degrees fifty-eight (58) minutes four (4) seconds East, one hundred sixty-four and thirty-eight hundredths (164.38) feet to a point marked by an iron pin; thence continuing by other lands of Gladys W. Sourbeer, North sixty-one (61) degrees fifty-five (55) minutes forty (40) seconds East, eighty (80) feet to a point marked by an iron pin; thence continuing by same, South twenty- eight (28) degrees, four (4) minutes, twenty (20) seconds East, one hundred forty (140) feet to a point in the aforesaid public road, known as Ritner.Highway, being U.S. Route 11; thence through the said public road, known as Ritner Highway, being U.S. Route 11, South fifty-eight (58) degrees, fifty-five (55) minutes, forty (40) seconds West, one hundred fifty (150) feet to a point marked by an iron pin, the place of Beginning. CCNTAINING 0.848 acres, and being Tot No. 2 on Sub-division for Gladys W. Sourbeer, prepared by Wilbur H. Clifton, R.S., dated July 30, 1980, a copy of the said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County, PA, in Plan Book 42, Page 20. HAVING THEREON ERECTED A DWELLING KNOWN AS 1833 Ritner Highway, Shippensburg, Pennsylvania BEING THE SAME PREMISES which Gladys W. Sourbeer, by Deed dated March 29, 1985 and recorded April 2, 1985 in Cumberland County Deed Book E31, Page 467, granted and conveyed unto Pernell J. Bobonick and Lisa A. Bobonick. TO BE SOLD AS THE PROPERTY OF PERNELL J. BOBONICK AND LISA A. BOBONICK UNDER JUDGMENT NO. 2002-1793 CIVIL TERM PARCEL NO. 30-11-0304-002A R T q, THE PA,rRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss (Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulatioi, 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 it and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. _ --, PUBLICATION ,..? ........ ..... >..... .... . - .................................................... COPY Sw, ne Ns 14th f At.ta(?t 2002 A. D. S l4 L E #72 REAL ESTAT E SALE No. 72 Terry L Public ! VilrR No. 2002-1793 City Of Hn County l C,lvllTerm My Commne 6, 2006 NO f ARY PUBLIC Federal National Member, Pennsylvania Association Of Notaries Mortgage Assoc. My commission expires June 6, 2006 vs Lisa A. Bobonick and Parnell l J. . Bo Bobonlck CUMBERLAND COUNTY SHERIFFS OFFICE Atty: Leon P. Haller CUMBERLAND COUNTY COURTHOUSE DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERT.IIN tract of land with cabin, trailer and dwelling house erected thereon, situate in North Newton Township, Cumberland County, Statement of Advertising Costs Pennsylvania, bounded and described as follows: BEGINNING at a point in public road, known as To THE PATRIOT-NEWS CO., Dr. Rimer Highway, being U.S. Route 11, at comer of lands of Gladys W. Sourbeer, and lands now or For publishing the notice or publication attached formerly of Charles W. Meyers, thence North hereto on the above stated dates $ 307.20 forty-six (46) degrees thirty-eight (38) minutes forty (40) seconds West, two hundred eighty-three Probating same Notary Fee(s) $ 1.75 (283) feet to a point marked by an iron pin; thence along land now or formerly of Koser, North forty- Total $ 308.95 four (44) degrees one (1) minute thirty (30) seconds east, one hundred and eighty-five hundredths (100.85) feet to a point marked by an iron pin; thence along other lands of Gladys W. Advertising Cost Sourbeer. South fifty (50) degrees fifty-eight (58) The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ..................................................... n tmaes tour ?4) econds East, one hundred sixty- four and thirty-eight hundredths (164.38) feet to a point marked by an iron pin; thence continuing by other lands of Gladys W. Sourbeer, North sixty- one (61) degrees fifty-fire (55) minutes forty (40) seconds East, eighty (80) feet to a point marked by an iron pin; thr .ce continuing by same, South twenty-eight (2?) degrees, four (4) minutes, twenty (20) seconds East, one hundred forty (140) feet to a point in the aforesaid public road, known as Rimer Highway, being U.S. Route 11; thence through the said public road, known as Rimer Highway, being U.S. Route 11, South fifty-eight (58) degrees, fifty-five (55) minutes, forty (40) seconds West, one hundred fifty (150) feet to a point marked by an iron pin, the place of BEGINNING. CONTAINING 0.840 acres, and being Lot No.2 on Subdivision for Gladys W. Sourbeer, prepared by Wilbur H. Clifton, R.S., dated July 30, 1980, a copy of the said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County, PA, in Plan Book 40., Page 20. HAVING THEREON erected a dwelling known as 1833 Ritner Highway, Shippensburg, Pennsylvania. BEING THE same premises which Gladys W. Sourbeer, by Deed dated March 29, 1985 and recorded April 2, 1985 in Cumberland County Deed Book E31, Page 467, granted and conveyed unto Pennell J. Bobonick and Lisa A. Bobonick. TO BE SOLD as the property of Pemell J. Bobonick and Lisa A. Bobonick under Judgment No. 2002.1793 CivilTerm. PARCELNO.30-11-0304-002A. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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. 72 Writ No. 2002-1793 Civil Federal National Mortgage Association Ro er M. Morgenthal, Editor vs. Lisa A. Bobonick and Pernell J. Bobonick SWORN TO AND SUBSCRIBED before me this Atty.: Leon P. Haller LEGAL DESCRIPTION ALL that certain tract of land with cabin, trailer and dwelling house erected thereon, situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in public road, known as Ritner Highway, being U.S. Route 11, at corner of lands of Gladys W. Sourbeer, and lands now or formerly of Charles W. Meyers, thence North forty-six (46) degrees thirty-eight (38) min- utes forty (40) seconds West, two hundred eighty-three (283) feet to a point marked by an iron pin; thence 9 day of AUGUST, 2002 LOTS E. SWDER, NOWY Pdbk n my Cww"m E 55.20(16 along land now or formerly of Koser, North forty-four (441 degrees one (1) minute thirty (30) seconds East, one hundred and eighty-five hundredths (100.85) feet to a point marked by an iron pin; thence along other lands of Gladys W. Sourbeer South fifty (50) degrees fifty-eight (58) min- utes four (4) seconds East, one hun- dred sixty-four and thirty-eight hun- dredths (164.38) feet to a point marked by an iron pin; thence con- tinuing by other lands of Gladys W. Sourbeer, North sixty-one (61) de- grees fifty-five (55) minutes forty (40) seconds East, eighty (80) feet to a point marked by an iron pin; thence continuing by same, South twenty- eight (28) degrees, four (4) minutes, twenty (20) seconds East, one hun- dred forty (140) feet to a point in the aforesaid public road, known as Ritner Highway, being U.S. Route 11; thence through the said public road, known as Ritner Highway, being U.S. Route 11, South fifty-eight (58) degrees, fifty-five (55) minutes, forty (40) seconds West, one hundred fifty (150) feet to a point marked by an iron pin, the place of Begirm ng. CONTAINING 0.848 acres, and be- ing Lot No. 2 on Sub-division for Gladys W. Sourbeer, prepared by Wilbur H. Clifton, R.S., dated July 30, 1980, a copy of the said Plan being recorded in the Office of the Recorder of Deeds of Cumberland County, PA, in Plan Book 42, Page 20. HAVING THEREON ERECTED A DWELLING KNOWN AS 1833 Rit- ner Highway, Shippensburg, Penn- sylvania. BEING THE SAME PREMISES which Gladys W. Sourbeer, by Deed dated March 29, 1985 and recorded April 2, 1985 in Cumberland County Deed Book E31, Page 467, granted and conveyed unto Pernell J. Bobo- nick and Lisa A. Bobonick. TO BE SOLD AS THE PROP- ERTY OF PERNELL J. BOBONICK AND LISA A. BOBONICK UNDER JUDGMENT NO. 2002-1793 CIVIL TERM. PARCEL NO. 30-11-0304-002A. ?J-