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HomeMy WebLinkAbout02-2026IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, CIVIL DIVISION TYPE OF PLEADING CIVIL ACTION-COMPLAiNT IN MORTGAGE FORECLOSURE Defendants. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SE~RVICE HEREOF ATTORnEy FOR PLAINTIFF l HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 75 Fairway Drive Vernon Hills, IL 60061 AND THE DEFENDANT IS: 429 Shippensburg Road FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 429 Shippensburg Road North Newton Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHiNGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD 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 WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, COUNTY PENNSYLVANIA CIVIL DIVISION VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America which has its principal place of business at 75 Fairway Drive, Vernon Hills, IL 60061 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Amos E. Stoneberger and Medora I. Stoneberger, are individuals residing within the Commonwealth of Pennsylvania, whose last known address is 429 Shippensburg Road, Newville, PA 17241. 3. On or about May 17, 1991, Defendants executed a Note in favor of Sears Mortgage Corporation in the original principal amount of $67,237.00. 4. On or about May 17, 1991, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Sears Mortgage Corporation a Mortgage in the original principal amount of $67,237.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 22, 1991 in Mortgage Book Volume 1013 Page 1018. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Sears Mortgage Corporation assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the August 1, 2001 payment. 8. On or about February 29, 2002 Defendants were mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983. 9. Plaintiff was not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. § 101 and the Defendant is not a "residential mortgage debtor" as defined in 41 P.S. § 101. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 5/I/02 Late Charges through 5/1/02 Escrow Deficiency through 5/1/02 Attorney's fees Title Search, Foreclosure and Execution Costs $63,865.84 $ 4,523.80 $ 0.00 $ 14.00 $ 850.00 $ 1,500.00 TOTAL $70,753.64 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $70,753.64 with interest thereon at the rate of $15.08 per diem from May 1, 2002, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A ~ Nm~T~,~E COI~KATION I~ ~=e u-sn. m... t..d FENNSYLVANIA NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. The attached RIDER is made a part of this instrument. THIS IND£NTURE, made the 17TH 407 of KAY ~trolo~'LordOr, elhousandnl~hundredand NifTY ONE AHOS E. ST0f(8[RG/R AI~ I~EDOKA L SI01/[B[RGiR. HI~/I~NO ~ illF£ (hereiflaflercalJed Mortpior)md SEARS )IDM'G~GE ec°rPol'JMlO~orpatlzedand~lStiltgtmdefthel~wsol Iii[ STME ~ ~10 $]XlV-~N I~ TkO ~O THIRTY-$EV~ ~0 O01T~ ................................................. H W~ i a Note Of ~ ~te hw~ lib, f~ 1~ M~tp~r lo the Mor~, i ~(hty I~hi~ts ol FIVE H~D ALL t~ fol~wJns ~J~ ~1 ~ty situ~ ~ i~ T~HJP of N~ COWA(~y I~0lM AS: 429 ~NIPt~I4$~UR6 ROAD. NEiiW[I.~, F~NS~.VAN]& 1724t-0491 Me got this F~X on ServerA at: 0~/03/2002 11:55AN Page: 13 ~4~9-~2 ~16 PR~HI~R ABSTRACT ID=?1724-13339~ TO HAYE AND TO HOLD said propmy, hereby ginted, with ~lp~, 2. To ~re fully~t~t Ihe ~ur]gy of ~ M~tga~, t~ M~ 1 If ~lotaloftl~ y~tSm0debyM~l a ~ Uti . o~unf of ~yments KIUa~ made Vv Mort,*-~ ~,~?~ ?er (a) of ~ta~a~ 2 pr~ml shall , ri~g~ u~ (a) o Fa ro ~ ~rt~ the ~h~e IM~ ~e 6. Mrart~ag~ will ~nl~Jly ~ hazed insura~ ~,~ · -- ~ ~. ~Je got this FAX on ServerA at: 0u~/09/2002 11:18AM Page: 2 8. MortpS~ will not miler any lien evPerh' to tim Ik~ ffuq~ ~ Ihb M~tp~ ~ il~h lo g to ~ en~ $plMt tM ~ c~ ~ th~ M~tp~. M~t~ 9. M~ ~l{ ~ve ~ rJsht Io ~y i~ ~r~ r~. ~ ~ts, ~ I~ wat~ ~ts, *~ all o~ ~rg~ ~ eb~ ~l~ M~tp~ M a~ ~ ~ ~lJ ~ a~ .M ~ ~J~J ~ht, ~ll ~ Mtffut tt t~ rate ~v~ f~ ~ ~e ~cl~l ~ ~ ~ rime of ~y~t ~ ~v~. a~ ~ll ~ ~ ~ th~ M~Iao~ ~bly with mid ch~, ~ ~ ~M ~ it, ~ dJ~er~ wllh ~ ~va~ I~ ~vl~ M ~ s~tl ~ ~yob~ ~ i~toly ~y ~ ,~ ~ by ~ M~t~ ~ Mortp~. ~1 n~ ~ the d~ ~e of the IJ~l in~ollmeflt of t~ ~l~J~i ~bt. In evil of fal~ to a~ ~ dom of matwJ~. 10. ~ I~ of'~ M~t~ hli ~ h full I~of ~ymmt ~ t~ ~b~,~ any ~1 ~f,wh~ ~ ~ ~ ~va~ ~ ~M by M~ for the alt~tt~,~tm ~ ~ wat~ r~, a~ ~1 o~ c~r8~ ~ cbi~ m~ ~ ~ ap~t eM p~ty ~ ~y lawful outh~tty. ~ I~ ~y o~ ~ e~w~ au~ M~tla~ a ~lty with a~ u ful~ u ti t~ am~n~ Note ~e~ ~ ~M m~l NOM ~ Not~ ~all ~ inter at t~ re~ prov~ ~r h t~ ~inci~l ~n by M~t~ ~ ~af~. In ev~t of Ioil~e to 12. Il ~ Jndebi~ ~ ~re~ ~ 8u~ ~ ~Ur~ ~ Titk ~. Ufllt~ ~l~ ~.~ ~t~ a~ Rc~ht~ ~ ~ i~ ~ eff~t ~ ~ date ~ $btl ~v~n ~ r~hts, dut~ ~ l~llit~ of l~ if, at ~y t~, o Writ ~ ~ut~ (M~ J~i~t) ~ o~ ~ut~ b ~o~ly m~ u~ a ~t ~l~ u~ u~ ~OM, ~ if ~ Aet~ of M~I~ F ~VE ................................................ ~ ~tum ( ................ 5. ~ ~) of u~ ptJnct~l ~bt s~ll ~ MyabJe, ~ ~e~ ~ ~it~ tO ail 14. If any ~f~ ~ the ~nt ~ ~y a~re~ ~ ~lul f~ ~t~ ~ ~ u~ all a~ s~r ~ ak~ of ~ of ~ Mtp~ ~ ~ ~ort~&~. ~ ~eln ~, s~ll ~t rel~ any ~ to~ ~v~ ~ ~ No~ ~ ~ M~t~ herelnabOve wrlllen. 51GNED, SEALED AND DELIVERE~ PROVIDED, tl~st In case defaull sl~ll he made in the ~ny oth~ ~ymcnt h~ez~ve or i~ the ~ll~na o~ ~]d ~d~n~ ~ t~ M~t~g~ of any count ~ a~t ~lai~ Ih~in Mnftea~ k~t and ~[~, in the ~fl~r and it will enttl~ M~t~S~ I~thwJ~ ~ ~g ~ ~e ~t Morlg~w ~xJy ~[Y~ a~ reJi~is~ ail ~fit t~ l ~y ~r~ ~ virl~ Of any a~ e~y MW ~ ~ Io of ~y slay of e~ut~ ~ ot~ ~, M~t~g~ ~ ~. 8nyth~ h~ein~fore ~ iff M~ Note ~nlai~ ~ ~ ~ntrary ~twil~landhs, ~verel. HF.00RA 1. STIWEBER~ER (Sell) (sell) (Sell) COMMON WEA LT]-I OF' P~qNS~'LVANIA COUNTY OP CkmlhePllnd Off this 17t# day of hay , AZ)., 19 91 It~v~flOff~"d Amos £. St~neblr~er and PMdorl r.'Stonlbmler and Kkfl~wledJed ~ within lAde)rare of M(xt *.,*0 to t]e t~l P Ol" [ IlJde d offlMe We got this FflX on Serverfl at: 0~/03/2002 11:55fiH Page: 10 VA C~ I: LN ~4~1g LENOER'$ I: Veterans Affairs Rider To The Deed of Trust/Mortgage *KO$ i. ST~SE~F.R ~O #E~ I. STONEBER~R, H~BM(I AHD #]FE the pmWfly _~'~_. ~t~/bt tho So:ur II~ I~!arld located at: (]'rol:e~ Adm'e~ "the tltk~ ~ec~e~ of Vetefam AII~ ~U ~ ~lu~ I~ ~t M 'A~ ~ V~ Afh~' ~ ~ IN ~ WH~F, ~ M~I~S~ ~ ~.~ ~ R~. I~OOeA i. STOt~eiflG~R /7 ~' Mwte*t'e" We got this FRX on ServerA at: 0~/03/2002 11:55~M Page: 9 TO DEED OF T~U~/MORTGAGE ~ure e~ M~tpgor's ~orl (t~ 'Note') ot ~n~ ~ ~ ~EAR~ ~T~ C~ATZ~. ~ ~0 (t~ "M~IR=K~) e~ ~in~ I~ ~o~rty ~rl~ I~ the ~curtty In~l i~ ~ I~ THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. u~n ~umption tra~l~ of t~ ~ty ~tlal ~ ~n to 1~ ~ler~ ~, a~u~t~ ol ~ ~ ~ ~tabl~ ~uanl to ~tion iSITA of ~pt~ 37, Tit~ I~U~I~ I~ U~ ~retary of V~teranS Affair. U tl~ ~r [ails to ~y th~ ~y ~ ~ar~ by t~ Note Ho~ ~ I~ ~t~ 0~t f~ de~m~ ~lr~t. (~M) ~oo~ 1013 PAGE 1U23 XCel, OlD We got this FAX on Server~l at: 0~/03/2002 11:55RH Page: 8 ALL THAT CERTAIN tPact o~ thereon situate Qn the Southeast side o~ PennsylYanta R~uts ~5~ Newton Towflehtp, Cumberland ~aunty, P~nmylvania~ b~ed dem=rtbed in acc~dance wt~h dated ~tober I~, i978 ~nd bearin~ dra~i~g ~A-2~O, as ~ollows, to a P.K. Nail in the cent##line Pennsylvania R~ute #~3~ North a distance o~ IGg.~O feet said Pennsylvania Route #~3 o~ Glenn E. HeckendoPnl idtng along same S~uth 45 degrees of l~G.~? feet to an iron Community FaLrgrounde! thence s~t along same South 44 degrees ~5 minutes O0 secohde West~ a dis~ance o~ I&5o12 ~eet ~o an lro~ BEING THE SAME PREMISES Tuepesa A. Palmer granted and by deed datmd~.~l~(~I and led to be recorded eimultaneoumly herewith. k~lOl~ ~ziO24~ We got this FAX on ServerA at: 0~/03/2002 11:55AM Page: 7 The undersigned, and duly authorized reprcsentative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. SHERIFF'S RETURN - REGULAR CASE NO: 2002-02026 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS STONEBERGER ANOS E ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONEBERGER AMOS E the DEFENDANT at 0953:00 HOURS, at 429 SHIPPENSBURG ROAD NEWVILLE, PA 17241 AMOS STONEBERGER a true and attested copy of COMPLAINT - on the 29th day of April , 2002 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /~-~ day of ~ IProthonotary So Answers: R. Thomas Kline 05/01/2002 GRENEN & BIRSIC SHERIFF' S RETURN - REGULAR CASE NO: 2002-02026 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS STONEBERGER AMOS E ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONEBERGER MEDORA I the DEFEND~/qT , at 0953:00 HOURS, at 429 SHIPPENSBURG ROAD NEWVILLE, PA 17241 on the 29th day of April 2002 by handing to AMOS STONEBERGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /?~C~ day of ~ A.D. / / Prothonotary' ' So Answers: R. Thomas Kline 05/01/2002 GRENEN & BIRSIC By: Deputy~Sheri f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. CiVIL DIVISION NO.: 02-2026 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) I hereby certify that the address of Plaintiff is: 75 Fairway Drive Vernon Hills, IL 60061 the last known address of Defendants is: 429 Shippensburg Road Newville, PA 17241 GRENEN & BIRSIC, P.C. FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/KJA PNC MORTGAGE CORP. OF AMERICA NO.: 02-2026 Plaimiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Amos E. Stoneberger and Medora I. Stoneberger, in the amount of $71,348.44, which is itemized as follows: Principal Interest to 6/4/02 Late Charges to 6/4/02 Escrow Deficiency to 6/4/02 Attomeys' fees Title Search, Foreclosure and Execution Costs TOTAL $63,865.84 $ 5,051.60 $ 67.00 $ 14.00 $ 850.00 $ 1,500.00 $71,348.44 with interest on the principal sum at the rate of $15.08 per diem from June 4, 2002, and additional late charges, additional reasonable and actually incurred attomeys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. ~~quir'~e Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF iNTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Faust, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant was not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me this '~ dayof ~ ,2002. -Notary Pub-]~c "' O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/FdA PNC MORTGAGE CORP. OF AMERICA Plaintiff, CIVIL DIVISION NO.: 02-2026 VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. TO: Amos E. Stoneberger 429 Shippensburg Road Newville, PA 17241 DATE OF NOTICE: May 20, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Avenue Carlisle, PA 17013 800-990-9108 By: FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. Attorneys for Plaimiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, CIVIL DIVISION NO.: 02-2026 VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. TO: Medora I. Stoneberger 429 Shippensburg Road Newville, PA 17241 DATE OF NOTICE: May 20, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 Avenue Carlisle, PA 17013 800-990-9108 By: FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. Attorneys for Pla~ One Gateway Center, Nine West Pi~sb~gh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Amos E. Stoneberger 429 Shippensburg Road Newville, PA 17241 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding o~, ~. ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $71,348.44 with interest on the principal sum at the rate of $15.08 per diem from June 4, 2002, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Medora I. Stoneberger 429 Shippensburg Road Newville, PA 17241 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $71,348.44 with interest on the principal sum at the rate of $15.08 per diem from June 4, 2002, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. D puty ( t~ON pL~.AS OF Ctj~BERLAt~O cOU~I''/I pRAEC%PE FOR ~NRt1' OF EY~EGU1.tON : ( ~ confessed ~udgment ~oS E. St°~eberl~er an& ~e(~Ora ~-' Sto~eberF~e~ : OOStS OUR~: __.~v OF THE SAiD C · ~ s not anse out.~ ._ ~oo~HONO ~' . ..... ~hat the be~o~ ~e~ is based on TO ~H~ r r,~ . ~-.~hw ceftmuo "' . ~,,t i~ it Ooeo, ,- _ .... uant to - _..r ioneO n~'~T~_ .~ igd merit, ~or debt, interest and costS, upon the tollowmg (indicate) index thiS writ against the garnishee(S~ as ~ detendant{s~ deSCribed in the affached exhibit. Signature: Date ~ print Name: Address: (,.) other Amount Due interest ~ Atty's Corem a retail installment sale, contract, or ro riate originat proceeding ~i~ed apP P --4 as amended. ct 6 ot 19/ ~ CounW, CUt'tON E ,.~, ,nw, tot debt, ~ ~,'-"-~ ? ...... inn prope~t~ ~ tot the to.u,,' = ~gthy personal~ ~ist) ~ ~is pendens agCmst ma~ estate ot the ,urt ID No.: Attorney to~ Telephone: Supreme Notes: If real property, su I , affidavit of ,,,-.- ',P.P Y six co~i,~o ~, _, . If lengthy personalty list, Supply four co i · . To index wr, t, file Separate Praec;pe wipes °fth writ- hst and an original and COpy of WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due Washington Mutual Bank, F.A., et al from .COUNTY: $71,348.44 Amos E. Stongberger and Medora I. Stoneberger NO. 2026 of 2002 CIVIL 19 CIVIL ACTION - LAW PLAINTIFF(S) .DEFENDANT(S) (1) You aredirectedtolevyuponthepropertyofthedefendanl(s)andtosell 429 Shippensburg ROad Newville, PA 17241 (2) You are also directed to attach the property of the defendant(s) not levied up( and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(~) debt to or for the account of the defendant(s) and from delivering any property of the defe~ thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found than a named garnishee, you are directedto notify him/her that he/she has been added as a gm stated. Amount Due Interest Atty's Comm Arty Paid Plaintiff Paid Date: $71,348.44 1,588.26 REQUESTING PARTY: Name Kristine M. Faust, Esq. Address: One Gateway Center, 9 West Pittsburgh, PA 15~-22 n in the possession of ~ GARNISHEE(S) as follows: s/are enjoined from paying any ~dant(s) or otherwise disposing the possession of anyone other nishee and is enjoined as above Attorney for: Plaintiff Telephone: 412-281-7650 Supreme Court ID No. 77991 Due Prothy Other Costs Prothonot lry, Civil Division by: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. LONG FORM DESCRIPTION All that certain tract of land with the improvements thereon situate of Pennsylvania Route #533, North Newton Township, Cumberland Cou~ bounded and described in accordance with a plan of Survey by Adams Cc Registered Surveyors, dated October 13, 1978 and beating drawing #A-2~ Beginning at a P.K. Nail in the centerline of the Southeast side of #533, at a comer of Driveway for Fairgrounds (as shown on said Plan); tl~ said beginning point and along the centerline of Pennsylvania Route #532 minutes 00 seconds East a distance of 189.50 feet to a P.K. Nail in the ce~ Pennsylvania Route #533 at a comer of property now or formerly of Gle~ thence leaving said road and extending along same South 45 degrees 16 r a distance of 198.57 feet to an iron pin at a comer of property now or fort Community Fairgrounds; thence extending along same South 44 degrees West, a distance of 165.12 feet to an iron pin at a comer of Driveway for thence extending along same North 52 degrees 16 minutes 30 seconds W feet to the first mentioned P.K. Nail and Place of Beginning. Being the same premises which Turesa A. Palmer, Widow by De~ and recorded in the Recorder of Deeds of Cumberland County on May 2,~ C35 Page 1040, granted and conveyed unto Amos E. Stoneberger and M, wife. GRENEN & BIRSIC, P.C Attomeys for Plaintiff One Gateway Center, Nil Pittsburgh, PA 15222 (412) 281-7650 Parcel #30-08-0593-091 on the Southeast side ty, Pennsylvania, unty Surveyors, '0, as follows, to wit: ?ennsylvania Route ~nce extending from North 44 degrees 35 terline of said ~ E. Heckendom: inutes 20 seconds East terly of Newville Lions 35 minutes 00 seconds Fairgrounds aforesaid; ~st, a distance of 200.00 ~.d dated May 17, 1991 ,1991, in Deed Book :dora I. Stoneberger, his re te West IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-2026 ' Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, F.A., successor to Washington Muma PNC Mortgage Corp. of America, Plaintiff in the above action, sets fortl Praecipe for the Writ of Execution was filed the following information property of Amos E. Stoneberger and Medora I. Stoneberger located at Newville, PA 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF AMG AND MEDORA I. STONEBERGER OF, IN AND TO THE FOLLOW~ PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUI TOWNSHIP OF NORTH NEWTON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED TI- BEING KNOWN AND NUMBERED AS 429 SHIPPENSBURG ROA/ 17241. DEED BOOK VOLUME C35, PAGE 1040, PARCEL NO. 30- Home Loans, Inc., f/k/a as of the date the onceming the real 29 Shippensburg Road, $ E. STONEBERGER NG DESCRIBED ,TED IN THE AND iEREON A DWELLING ), NEWVILLE, PA 08-0593-091. 1. The name and address of the owner(s) or reputed owner(s): Amos E. Stoneberger Medora I. Stoneberger 429 Shippensburg [ Newville, PA 1724 2. The name and address of the defendants in the judgment: Amos E. Stoneberger Medora I. Stoneberger 429 Shippensburg [ Newville, PA 1724 3. The name and last known address of every judgment creditor whose ' on the real property to be sold: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America PLAINTIFF 4. The name and address of the last record holder of every mortgage of Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America PLAINTIFF Preis CDC 812 West High Stre Carlisle, PA 17013 Northwest CDC 227 Penrose Place Carlisle, PA 17013 Green Tree CDC 3401 Hartzdale Dh' Suite 118 Camp Hill, PA 170 5. The name and address of every other person who has any record lien Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Individm Inheritance Tax Dix Harrisburg, PA 171 :oad ~dgrnent is a record lien 7ecord: et ~e L1 on the property: 1 Taxes ision, Dept. 280601 ~-8-0601 Department of Welfare 6. The name and address of every other person who has any record intel whose interest may be affected by the sale: None Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 1 Harrisburg, PA 171p5 est in the property and 7. The name and address of every other person whom the plaintiff has interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and cc personal knowledge, infomiation and belief. I understand that false stat~ subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsil Kri'~st~rre M. Fat(st, Esqmr- ~' e Attorney for Plaintiff SWORN to and subscribed before me this / ~ day of ~~'h ,2002. Notary Public Notarial Seal PaUicia A. Town.nd, Notary Public City of Pittsburgh, Allcghuny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of Notaries nowledge who has any rect to the best of my ~ments herein are made ication to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. CIVIL DIVISION NO.: 02-2026 AFFIDAVIT OF LAST KNOWN ADDRESS SWORN TO AND SUBSCRIBED BEFORE ME THIS 1/--O~tX'DAY OF ~ ~"cx~% ,2002. Notary Public I ' Nolarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 t~a~b~, Pennsylvania Association o! Notaries for the said County and Plaintiff, who being duly property located at 429 oneberger and Medora I. 7241, to the best of her information, knowledge and belief. COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and Commonwealth, personally appeared Kristine M. Faust, attorney for the sworn according to law deposes and says that the owners of the Shippensburg Road, Newville, PA 17241 are, Defendants, Amos E. S1 Stoneberger, who reside at 429 Shippensburg Road, Newville, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLIN7 WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. CIVIL DIVISION NO.: 02-2026 AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for Commonwealth, personally appeared Kristine M. Faust, attorney for the duly sworn according to law deposes and says that on February 29, 2002 mailed a Notice of Homeowner's Emergency Mortgage Assistance Act c Additionally, Plaintiff was not required to send Defendant wfitte intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of l commencement of this action for the reason(s) that said Mortgage is not ?Y, PENNSYLVANIA S.101, ET. SEQ. the said County and Plaintiff, who being Defendants were 71983. ~ notice of PlaintifPs 974) prior to the a "residential mortgage" as defined in 41 P.S. §101 and the Defendant is not a "residential mortgage debtor" as defined in 41 P.S. §101. I SWORN TO AND SUBSCRIBED BEFORE ME THIS / \C~ DAY OF 7-"~k · r-qxX~'~ , 2002. Notary Public Notarial Seal Patficia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, CIVIL DIVISION NO.: 02-2026 VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTAT TO: Amos E. Stoneberger 429 Shippensburg Road Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issr Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 on September 4, 2002, at 10:00 A.M., the following described real estate Stoneberger and Medora I. Stoneberger are the owners or reputed owners ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF AMOS AND MEDORA I. STONEBERGER OF, IN AND TO THE FOLLOWE PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUA TOWNSHIP OF NORTH NEWTON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED TH BEING KNOWN AND NUMBERED AS 429 SHIPPENSBURG ROA[ 17241. DEED BOOK VOLUME C35, PAGE 1040, PARCEL NO. 30-~ ed out of the Court of f Cumberland County, of which Amos E. E. STONEBERGER 4G DESCRIBED FED IN THE uND ~REON A DWELLING ~, NEWVILLE, PA ~8-0593-091. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of o Washington Mutual Bank, F.A., successor to Washington Mutual Home L aris, Inc., f/k/a PNC Mortgage Corp. of America Plaintiff, VS. Amos E. Stoneberger and Medora I. Stoneberger Defendants at Execution Number 02-2026 in the amount of $72,936.70. Claims against the property must be filed with the Sheriffbefore Claims to proceeds must be made with the Office of the Sheriffbel Schedule of Distribution will be filed with the Office of the Sherif3 (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must Office of the Sheriffno later than ten (10) days from the date when Sched filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been iss judgment against you. It may cause your property to be held or taken to 1: may have legal rights to prevent your property from being taken. A lawy~ specifically of these rights. If you wish to exercise your rights, you must YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EX LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN] GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIN CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATI£ 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 You may have legal rights to prevent the Sheriffs Sale and the lo', 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 f occurs, a petition to open or strike the judgment or a petition to stay the above sale date. ,re distribution. ~no later than thirty be filed with the ale of Distribution is aed because there is a ay the judgment. You ;r can advise you more act promptly. ~CUTION TO YOUR 4OT AFFORD ONE D OUT WHERE YOU ~N ;s of your property. In .ling, before the sale :xecution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Co~ Foreclosure and Notice to Defend, you may have the fight to have the judl promptly file a petition with the Court alleging a valid defense and a reas¢ failing to file the defense on time. If the judgment is opened the Sheriffs be delayed pending a trial of the issue of whether the plaintiffhas a valid mortgage or judgment. You may also have the right to have the judgment stricken if the ~ valid return of service of the Complaint and Notice to Defend or if the jud before twenty (20) days after service or in certain other events. To exerci; have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay 1 Sheriffs Sale if you can show a defect in the Writ of Execution of service other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERII IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRI( DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, ~ PETITION WITH THE COURT AFTER THE SALE AND BEFORE T~ DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED THE SHERIFF. GRENEN & BIRSIC, P Krises lne M~Faust, Esquire Attorney for Plaintiff aplaint for Mortgage ,maent opened if you nable excuse for Sale would ordinarily ',laim to foreclose the ?teriff has not made a gment was entered ;e this right you would he execution and the or demonstrate any 'F'S SALE SET ASIDE :E OR, IF THERE ARE 'OU SHOULD FILE A [E SHERIFF HAS DELIVER THE DEED (10) DAYS FROM N THE OFFICE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A NO.: 02-2026 PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTA~I TO: Medora I. Stoneberger 429 Shippensburg Road Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution iss~ Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 on September 4, 2002, at 10:00 A.M., the following described real estat~ Stoneberger and Medora I. Stoneberger are the owners or reputed owner~, ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF AMO', AND MEDORA I. STONEBERGER OF, IN AND TO THE FOLLOW[ PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUA TOWNSHIP OF NORTH NEWTON, COUNTY OF CUMBERLAND,. COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED TH BEING KNOWN AND NUMBERED AS 429 SHIPPENSBURG ROAI 17241. DEED BOOK VOLUME C35, PAGE 1040, PARCEL NO. 30-1 The said Writ of Execution has been issued on a judgment in the E ted out of the Court of ~f Cumberland County, of which Amos E. E. STONEBERGER qG DESCRIBED TED IN THE kND EREON A DWELLING }, NEWVILLE, PA )8-0593-091. mortgage foreclosure action of Washington Mutual Bank, F.A., successor to Washington Mutual Home ~oans, Inc., f/k/a PNC Mortgage Corp. of America Plaintiff, VS. Amos E. Stoneberger and Medora I. Stoneberger Defendants at Execution Number 02-2026 in the amount of $72,936.70. Claims against the property must be filed with the Sheriff before Claims to proceeds must be made with the Office of the Sheriffi~ Schedule of Distribution will be filed with the Office of the Sherit (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale musl Office of the Sheriff no later than ten (10) days from the date when Schei filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It has been is,, judgment against you. It may cause your property to be held or taken to I may have legal rights to prevent your property from being taken. A lawy specifically of these rights. If you wish to exercise your rights, you must YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EX LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAIN[ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIN CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATI( 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 You may have legal rights to prevent the Sheriffs Sale and the lo: order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by f occurs, a petition to open or strike the judgment or a petition to stay the ~ ~e above sale date. fore distribution. fno later than thirty be filed with the ule of Distribution is ued because there is a ,ay the judgment. You ~r can advise you more act promptly. ECUTION TO YOUR qOT AFFORD ONE D OUT WHERE YOU ~N :s of your property. In ling, before the sale xecution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Cot Foreclosure and Notice to Defend, you may have the right to have the jud! promptly file a petition with the Court alleging a valid defense and a reasc failing to file the defense on time. If the judgment is opened the Sheriffs be delayed pending a trial of the issue of whether the plaintiff has a valid mortgage or judgment. You may also have the right to have the judgment stricken if the S valid return of service of the Complaint and Notice to Defend or if the iud before twenty (20) days after service or in certain other events. To exerci: have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay t Sheriffs Sale if you can show a defect in the Writ of Execution of service other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERI~ IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRI£ DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, 5 PETITION WITH THE COURT AFTER THE SALE AND BEFORE TE DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED THE SHERIFF. GRENEN & BIRSIC, P Kriktine M. Fa~t,/_.._--.Esquire Attorney for Plaintiff ~plaint for Mortgage ,anent opened if you nable excuse for gale would ordinarily laim to foreclose the ~eriffhas not made a ~ment was entered e this right you would he execution and the or demonstrate any F'S SALE SET ASIDE E OR, IF THERE ARE 'OU SHOULD FILE A E SHERIFF HAS DELIVER THE DEED (10) DAYS FROM q THE OFFICE OF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHIINGTON MUTUAL BJ SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., f/k/a CORP OF AMERICA Plaintiff (s) From AMOS E. AND MEDORA I. STONEBERGER, 429 SHIPPENSB[ NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sefl! LOCATED AT 429 SHIppENSBURG ROAD, NEWVILLE PA 17241 (SE DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied up~ of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gami paying any debt to or for the account of the defendant (s) and from delivering any (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is for of anyone other than a named garnishee, you are directed to notify him/her that he garnishee and is enjoined as above stated. Amount Due $71,348.44 Interest $1,588.26 Atty's Comm % Atty Paid $125.66 Plaintiff Paid Date: JUNE 12, 2002 (Seal) REQUESTING PARTY: Name KRISTINE M. FAUST, ESQ. Address: ONE GATEWAY CENTER, 9 WEST PITTSBURGH PA 15222 Attorney for: PLAINTIFF Telephone: (412) 281-7650 Supreme Court ID No. 77991 NO02-2026 Civil CIVIL ACTION - LAW 2qK, F.A., NC MORTGAGE tG ROAD, ~EAL ESTATE ATTACHED LEGAL ,n in the possession ~hee(s) is enjoined from property of the defendant nd in the possession 'she has been added as a L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: Deput3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. CIVIL DIVISION ISSUE WUMBER: NO.: 02-2026 AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Faust, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: September 4, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Faust, Attorney for Plaintiff, Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of Ihe sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated June 13, 2002, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are tree and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: Kristih'e~M. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this C~- day of ~5~ll_~ t-3_4_~ l-h_-~, 2002. Notary Public Notarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2 2003 Member, Pennsylvania Association ot Notanes EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Amos E. Stoneberger and Medora I. Stoneberger located at 429 Shippensburg Road, Newville, PA 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF AMOS E. STONEBERGER AND MEDORA I. STONEBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH NEWTON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 429 SHIPPENSBURG ROAD, NEWVILLE, PA 17241. DEED BOOK VOLUME C35, PAGE 1040, PARCEL NO. 30-08-0593-091. 1. The name and address of the owner(s) or reputed owner(s): Amos E. Stoneberger 429 Shippensburg Road Medora I. Stoneberger Newville, PA 17241 2. The name and address of the defendants in the judgment: Amos E. Stoneberger 429 Shippensburg Road Medora I. Stoneberger Newville, PA 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, F.A., PLAINTIFF successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 4. The name and address of the last record holder of every mortgage of record: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America Preis CDC PLAINTIFF 812 West High Street Carlisle, PA 17013 Northwest CDC 227 Penrose Place Carlisle, PA 17013 Green Tree CDC 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Department of Welfare Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Krist~rrre M. Fat(st, Esquire Attorney for Plaintiff SWORN to and subscribed before me this / ~ day of ~t ~t_r-~-'~'5 ,2002. Notary Public Notndal Seal PaVia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Mem~r, Pennsy~vaniaAssooalion ol Notanes MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER U.S. POSTAL SERVICE CERTIFICATE OFMAILING~...~,~~~m~,.r..~ R~c~v~F~m: Grenen & Birsic, R6. o nn~. Gateway Center, Nme V,Jes~' pittsburgh PA 15222 PS F~ 3817, danua~ 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MA,L, DOES NOT { ~IP I~r~nt PROVIDE FOR INSURANCE-POSTMASTER nn,~ ¢,atawav Center, Nine West ..... ~; I Pittsburah PA 15222~~ ~ ;:~ ,,, ~ :'.J PS Fo~ ~817, Januaw 2~1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MA L, DOES NOT PROVIDE FOR INSURANCE~OSTMASTER 6renen & Birsic, RO. / One Gateway Center, Nine W~&t vlr[sburgh PA lb222 ~'\~"~ One pi of ordinary mail addressed to: PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF II~It, ILING MAY or meier BE USED FOR ~ESTIC ~D IN~TI~ ~l~ DOES NOT PRO~ FOR INSU~CE-~ST~S~R PS Fom ~817, Janua~2~ / Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc. f/k/a PNC Mortgage Corp. of America VS Amos E. Stoneberger and Medora I. Stoneberger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2026 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Kristine Faust. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 16.56 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 15.54 Law Journal 344.45 Patriot News 260.95 Postpone Sale 20.00 Certified Mail 3.53 $ 792.73 paid by attorney 11/20/02 Sworn and subscribed to before me So Answers: This ;2~ ~(~day of R. Thomas Kline, Sheriff 2002, A.D. Pro~onot~ ~eal Esta~eputy 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. AFFIDAVIT pURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Amos E. Stoneberger and Medora I. Stoneberger located at 429 Shippensburg Road, Newville, PA 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF AMOS E. STONEBERGER AND MEDORA I. STONEBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH NEWTON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF pENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 429 SHIPPENSBURG ROAD, NEWVILLE, PA 17241. DEED BOOK VOLUME C35, PAGE 1040, PARCEL NO. 30-08-0593-091. 1. The name and address of the owner(s) or reputed owner(s): Amos E. Stoneberger 429 Shippensburg Road Medora I. Stoneberger Newville, PA 17241 2. The name and address of the defendants in the judgment: Amos E. Stoneberger 429 Shippensburg Road Medora I. Stoneberger Newville, PA 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PLAINTIFF Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America 4. The name and address of the last record holder of every mortgage of record: Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America Preis CDC PLAINTIFF 812 West High Street Carlisle, PA 17013 Northwest CDC 227 Pem:ose Place Carlisle, PA 17013 Green Tree CDC 3401 Hartzdale Drive Suite 118 Camp Hill, PA 17011 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Department of Welfare Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kri~st~hle M. Fatist, Esqfiire Attorney for Plaintiff SWORN to and subscribed before me this / ~ day of '~L ~-x,~c-~ % ,2002. Notary Public Pafficia A. Townsend, Notary Public City of Pittzburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvama Association ot Notanos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A NO.: 02-2026 PNC MORTGAGE CORP. OF AMERICA Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Medora I. Stoneberger 429 Shippensburg Road Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONECOURTHOUSESQUARE CARLISLE, PA17013-3387 on September 4, 2002, at 10:00 A.M., the following described real estate, of which Amos E. Stoneberger and Medora I. Stoneberger are the owners or reputed owners: ALL THE RIGHT, TITLE, iNTEREST AND CLAIM OF AMOS E. STONEBERGER AND MEDORA I. STONEBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH NEWTON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 429 SHIPPENSBURG ROAD, NEWVILLE, PA 17241. DEED BOOK VOLUME C35, PAGE 1040, PARCEL NO. 30-08-0593-091. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America Pla/ntiff, VS. Amos E. Stoneberger and Medora I. Stoneberger Defendants at Execution Number 02-2026 in the amount of $72,936.70. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore 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 Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the time and place of sale. It 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, PA 17013 800-990-9108 You may have legal rights to prevent the Sheriff's 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, you might have 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 Sheriffhas not made a valid return of service of the 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 HAVE 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. GRENEN & BIRSIC, P.C. Kri~tine M. FaUst, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA CIVIL DIVISION NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Amos E. Stoneberger 429 Shippensburg Road Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 on September 4, 2002, at 10:00 A.M., the following described real estate, of which Amos E. Stoneberger and Medora I. Stoneberger are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF AMOS E. STONEBERGER AND MEDORA I. STONEBERGER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHiP OF NORTH NEWTON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BE1NG KNOWN AND NUMBERED AS 429 SHIPPENSBURG ROAD, NEWVILLE, PA 17241. DEED BOOK VOLUME C35, PAGE 1040, PARCEL NO. 30-08-0593-091. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Washington Mutual Bank, F.A., successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America Plaintiff, VS. Amos E. Stoneberger and Medora I. Stoneberger Defendants at Execution Number 02-2026 in the amount of $72,936.70. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno 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. This paper is a notice of the time and place of sale. It 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 exemise 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, PA 17013 800-990-9108 You may have legal rights to prevent the Sheriff's 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, you might have 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 Sheriffs 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 Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exemise 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 HAVE 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. GRENEN & BIRSIC, P.C. Kri~stine M~Faust, ~squire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A., CIVIL DIVISION SUCCESSOR TO WASHiNGTON MUTUAL HOME LOANS, iNC., F/K/A PNC MORTGAGE CORP. OF AMERICA NO.: 02-2026 Plaintiff, VS. AMOS E. STONEBERGER and MEDORA I. STONEBERGER, Defendants. LONG FORM DESCRIPTION All that certain tract of land with the improvements thereon situate on the Southeast side of Pennsylvania Route #533, North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan of Survey by Adams County Surveyors, Registered Surveyors, dated October 13, 1978 and bearing drawing #A-270, as follows, to wit: Beginning at a P.K. Nail in the centerline of the Southeast side of Permsylvania Route #533, at a comer of Driveway for Fairgrounds (as shown on said Plan); thence extending from said beginning point and along the centerline of Pennsylvania Route #533, North 44 degrees 35 minutes 00 seconds East a distance of 189.50 feet to a P.K. Nail in the centerline of said Pennsylvania Route #533 at a comer of property now or formerly of Glenn E. Heckendom: thence leaving said road and extending along same South 45 degrees 16 minutes 20 seconds East a distance of 198.57 feet to an iron pin at a comer of property now or formerly of Newville Lions Community Fairgrounds; thence extending along same South 44 degrees 35 minutes 00 seconds West, a distance of 165.12 feet to an iron pin at a comer of Driveway for Fairgrounds aforesaid; thence extending along same North 52 degrees 16 minutes 30 seconds West, a distance of 200.00 feet to the first mentioned P.K. Nail and Place of Beginning. Being the same premises which Turesa A. Palmer, Widow by Deed dated May 17, 1991 and recorded in the Recorder of Deeds of Cumberland County on May 22, 1991, in Deed Book C35 Page 1040, granted and conveyed unto Amos E. Stoneberger and Medora I. Stoneberger, his wife. Parcel #30-08-0593-091 GRENEN & BIRSIC, P.C. Kris~ne M. tS'au~, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 V~RIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-2026 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHIINGTON MUTUAL BANK, F.A., SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC., f/k/a PNC MORTGAGE CORP OF AMERICA Plaintiff (s) From AMOS E. AND MEDORA I. STONEBERGER, 429 SHIPPENSBURG ROAD, NEWVILLE PA 17241. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 429 SHIPPENSBURG ROAD, NEWVILLE PA 17241 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the 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 $71,348.44 Interest $1,588.26 Atty's Comm % Atty Paid $125.66 Plaimiff Paid Date: JUNE 12, 2002 (Seal) REQUESTING PARTY: Name KRISTINE M. FAUST, ESQ. Address: ONE GATEWAY CENTER, 9 WEST PITTSBURGH PA 15222 Attorney for: PLAINTIFF Telephone: (412) 281-7650 Supreme Court ID No. 77991 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Real Estate Sale # 56 On June 17, 2002 the sherifflevied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA known and numbered as 429 Shippensburg Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17, 2002 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 ~he Patriot-News and The_ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 A L E #56 REAL ESTATE sALE No. 56 Writ No, ~32-~ CtvllTe~ Tel~l Wa~hlagto~ Mutual B~, F~, aU~F tO W~hln~ M~ ~ v~ d ~r~ll~ a, ;aunt D~c~ON ~--/-'~wc~rn to and s~bscribed before~ .~ 14th day~u/~002 A' ' M~YbecC~Fen;s;van,a~ssoda~nOfNota~sI My commission exp,res June o, 2006 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 $ 259.20 Nota~ Fee(s) $ 1.75 Probating same ~.~ $ 260.95 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The ~undav Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and ce~ifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : SS. 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 advertis~aent, and that all allegations in the foregoing statements as to time, place and character of publication are true. l~EAL ESTATE S-~LE NO. 56 Writ No. 2002-2026 Civil washington Mutual Bank, successor to Washington Mutual Home Loans, Inc., f/k/a PNC Mortgage Corp. of America VS. Amos E. Stoneberger and Medora 1. Stoneberger Atty.: Kristine M- Faust LONG FOR1M DESCRIPTION All that certain tract of land with the improvements thereon situate on the Southeast side of permsylva- nia l~ute ~533. North Newton Town- ship, Cumberlmad County, pennsyl- vania, bounded and described in accordance with a plan of Survey by Adams County Surveyors, Reg- istered Surveyors. dated October 13, 1978 and bearing drawing R er~m. mo~~or ~ SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 Pennsylvania Route #533, at a cor- ner of Driveway for Fairgrounds (as shown on said Plan); thence extend- hag from said beginning point and along the centerline of Pennsylva- mia Route #533, North 44 degrees 35 minutes 00 seconds East a dis- tance of 189,50 feet to a P.K. Nail in the centerline of said Permsylva- nia Route #533 at a comer of prop- erty now or formerly of Glenn E. Heckendorn: thence leaving said road and extending along same South 45 degrees 16 minutes 20 seconds East a distance of 198.57 feet to an iron pin at a comer of property now or formerly of Newville Lions Community Fairgrounds: thence extending along same South 44 degrees 35 minutes 00 seconds West, a distance of 165.12 feet to an iron pin at a comer of Driveway for Fatrgrotmds aforesaid: thence extending along same North 52 de- grees 16 mmutes 30 seconds West, a distance of 200,00 feet to the first mentioned P.K. Nail and Place of Beginning. Being the same premises which Turesa A. Palmer. Widow by Deed dated May 17, 1991 and recorded in the Recorder of Deeds of Cum- berland County on May 22. 1991, ha Deed Book C35 Page 1040, grant- ed and conveyed unto Amos E. Stoneberger and Medora I. Stone- berger, his wife. parcel #30 08-0593-091.