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HomeMy WebLinkAbout06-6561PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143769 NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff V. J1NNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE APARTMENT 229 MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O G - (.. S G / Cct d -7:::- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 143769 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 143769 Plaintiff is NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 The name(s) and last known address(es) of the Defendant(s) are: JINNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE APARTMENT 229 MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/06/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST FRANKLIN FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1854, Page: 594. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 143769 The following amounts are due on the mortgage: Principal Balance $112,585.14 Interest 5,216.00 06/01/2006 through 11/10/2006 (Per Diem $32.00) Attorney's Fees 1,250.00 Cumulative Late Charges 377.56 02/06/2004 to 11/10/2006 Cost of Suit and Title Search 550.00 Subtotal $ 119,978.70 Escrow Credit 0.00 Deficit 2,712.91 Subtotal $ 2,712.91 TOTAL $ 122,691.61 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 122,691.61, together with interest from 11/10/2006 at the rate of $32.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHE HALLINAN & SCHMIE , L By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143769 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Allison Avenue, said point being at the dividing line between Lots Nos. 228 and 229 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 2.5 degrees 09 minutes East, one hundred ten (110) feet to a point; thence South 64 degrees 51 minutes West, eighty (80) feet to a point at the dividing line between Lots Nos. 229 and 230 on said plan; thence along said dividing line North 25 degrees 09 minutes West, one hundred ten (110) feet to a point on the southern line of Alison Avenue; thence containing along the southern line of Alison Avenue North 64 degrees 51 minutes East, eighty (80) feet to a point, the place of BEGINNING. Being Lot No. 229 on Plan No. 4, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 54. HAVING THEREON ERECTED a dwelling house known and numbered as 408 Alison Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES that Bert W. Reese and Florence J. Reese by Malinda J. Reese, their attorney in fact by Deed dated 05/28/2002 and recorded 05/30/2002 in Deed Book 251 page 4490 in the Office for the Recording of Deeds in and for the County of Cumberland granted and conveyed unto S. Geoffrey Hebert, in fee. PREMISES BEING 408 ALLISON AVENUE File #: 143769 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: - 40fa ? ? ? - ? ? -`_ _? `,? L `? IJ ?' 1 , , . C __ w ?t ? -0 W ? ?' ?A? _ ? _r . .. ? , SHERIFF'S RETURN - REGULAR CASE NO: 2006-06561 P COMMONWEALTH OF PENNSYLVANIA: COUNTY Oh CUMBERLAND NATIONAL CITY BANK VS TAYLOR JINNY AKA JINNY L TAYLO JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TAYLOR JENNY AKA JINNY L TAYLOR the DEFENDANT at 2012:00 HOURS, on the 17th day of November , 2006 at 408 ALISON AVENUE MECHANICSBURG, PA 17055 TAMMY TAYLOR, DAUGHTER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68, 11/20/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day De t,,, Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL, IDC 24-050 PITTSBURGH, PA 15212 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). CIVIL DIVISION NO. 06-6561 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JINNY TAYLOR A/K/A JINNY L. TAYLOR, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11 / 11/06 to 1/9/07 TOTAL $122,691.61 $1920.00 $124,611.61 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Attorney , ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE•__L-J,_? 1h 2607 PRO PROTHY 4-;-z7 143769 PHELAN HALLINAN & SCHMIEG, LLP ?By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 NATIONAL CITY BANK : COURT OF COMMON PLEAS Plaintiff Vs. JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendants TO: JINNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE MECHANICSBURG, PA 17055 DATE OF NOTICE: DECEMBER 13, 2006 F I L E DOPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6561-CIVIL TERM PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL, IDC 24-050 Plaintiff, V. JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6561 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JINNY TAYLOR A/K/A JINNY L. TAYLOR is over 18 years of age and resides at, 408 ALISON AVENUE, APARTMENT 229, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (DANIEL G-. SVKMIEG, ESQUIRE Attorney for aintiff + -D 1'f C Ti D 4J JD c (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL, IDC 24-050 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). CIVIL DIVISION NO. 06-6561 Notice is given that a Judgment in the above-captioned matter has been entered against you on J ! C1 2007. By: 1 2 . If you have any questions concerning this matter, please contact: G. SVHMIEG, Attorne for laintiff ONE PE CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." L ?% PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 NATIONAL CITY BANK Plaintiff, V. No. 06-6561 JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $124,611.61 Interest from 1/9/07 to 6/13/07 $3,174.40 and Costs (per diem -$20.48) TOTAL $129,705.51 Add'1 fees jCGi--SCHMG, .50 DA ESQUI One enSuburban Sta 1617 Jody Boulevard, Suite 1400 Philadel 103-1814 Attorney ff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 143769 z o o z o wa ? z z z '? U ? z ? °z ?w °O z x x? ? x ? w s . CD CC I f.., t l W.usz `t t IL ? r r 1 ?? v O ? cr o ? ? M I 06 13 I ? w d a C7 a a U z x v w N N z w a a w z w 0 N Rn b? b? V ? o" M -f- ? Cil J ? N DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Allison Avenue, said point being at the dividing line between Lots Nos. 228 and 229 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 2.5 degrees 09 minutes East, one hundred ten (110) feet to a point; thence South 64 degrees 51 minutes West, eighty (80) feet to a point at the dividing line between Lots Nos. 229 and 230 on said plan; thence along said dividing line North 25 degrees 09 minutes West, one hundred ten (110) feet to a point on the southern line of Alison Avenue; thence containing along the southern line of Alison Avenue North 64 degrees 51 minutes East, eighty (80) feet to a point, the place of BEGINNING. Being Lot No. 229 on Plan No. 4, Plot'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 54. HAVING THEREON ERECTED a dwelling house known and numbered as 408 Alison Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES that Bert W. Reese and Florence J. Reese by Malinda J. Reese, their attorney in fact by Deed dated 05/28/2002 and recorded 05/30/2002 in Deed Book 251 page 4490 in the Office for the Recording of Deeds in and for the County of Cumberland granted and conveyed unto S. Geoffrey Hebert, in fee. PARCEL IDENTIFICATION NO: 17-24-0789-167 CONTROL #: 1 100 1100 Premises: 408 Alison Avenue, Mechanicsburg, PA 17055 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jinny Taylor, by Deed from S. Geoffrey Hebert, dated 01/26/2004, recorded 02/17/2004, in Deed Book 261, page 3506. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6561 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s) From JINNY TAYLOR A/K/A JINNY L. TAYLOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,611.61 L.L. $.50 Interest FROM 1/9/07 TO 6/13/07 - (PER DIEM - $20.48) - $3,174.40 AND COSTS Atty's Comm % Atty Paid $ 119.68 Plaintiff Paid Date: JANUARY 10, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $1.00 Other Costs ADD'L FEES - $1919.50 riepuiy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 NATIONAL CITY BANK , Plaintiff, V. JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). , ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6561 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (MECHANICSBURG, PA 17055) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FAIL H IEG, ESQUIRE Attorney 0 1 1 tiff .? `Ts ° r> C=:7 *% NATIONAL CITY BANK CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JINNY TAYLOR A/K/A JINNY L. TAYLOR CIVIL DIVISION Defendant(s). NO. 06-6561 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NATIONAL CITY BANK, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,408 ALISON AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JINNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE, APARTMENT 229 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST FRANKLIN FINANCIAL CORPORATION, SUBSIDIARY OF NATIONAL CITY BANK OF INDIANA BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A, BENEFICIAL MORTGAGE CO. OF PA 2150 NORTH FIRST STREET SAN JOSE, CA 95131 4910 CARLISLE PIKE, STE. 104 MECHANICSBURG, PA 17050 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 408 ALISON AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 9, 2007 DATE DANIEL G. Attorney for h r•a .` Z ` F ^ t w c r t NATIONAL CITY BANK CUMBERLAND COUNTY Plaintiff, V. No. 06-6561 JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). January 9, 2007 TO: JINNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE, APARTMENT 229 MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 408 ALISON AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,611.61 obtained by NATIONAL CITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Allison Avenue, said point being at the dividing line between Lots Nos. 228 and 229 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 2.5 degrees 09 minutes East, one hundred ten (110) feet to a point; thence South 64 degrees 51 minutes West, eighty (80) feet to a point at the dividing line between Lots Nos. 229 and 230 on said plan; thence along said dividing line North 25 degrees 09 minutes West, one hundred ten (I 10) feet to a point on the southern line of Alison Avenue; thence containing along the southern line of Alison Avenue North 64 degrees 51 minutes East, eighty (80) feet to a point, the place of BEGINNING. Being Lot No. 229 on Plan No. 4, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 54. HAVING THEREON ERECTED a dwelling house known and numbered as 408 Alison Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES that Bert W. Reese and Florence J. Reese by Malinda J. Reese, their attorney in fact by Deed dated 05/28/2002 and recorded 05/30/2002 in Deed Book 251 page 4490 in the Office for the Recording of Deeds in and for the County of Cumberland granted and conveyed unto S. Geoffrey Hebert, in fee. PARCEL IDENTIFICATION NO: 17-24-0789-167 CONTROL #: 1 100 1100 Premises: 408 Alison Avenue, Mechanicsburg, PA 17055 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jinny Taylor, by Deed from S. Geoffrey Hebert, dated 01/26/2004, recorded 02/17/2004, in Deed Book 261, page 3506. r ° C=Z 0 i TT3 AFFIDAVIT OF SERVICE PLAINTIFF NATIONAL CITY BANK DEFENDANT(S) JINNY TAYLOR A/K/A JINNY L. TAYLOR SERVE JINNY TAYLOR A/K/A JINNY L. TAYLOR AT 408 ALISON AVENUE, APARTMENT 229 MECHANICSBURG, PA 17055 PAW CUMBERLAND COUNTY No. 06-6561 / Our File. #143769 Type of Action - Notice of Sheriff Is Sale Sale Date: 6/13107 SERVED Served and made known to a; A 11 y T ? Or Defendant, on the day of Ti- nu 200 at Z o, o'clock m., at Ap of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. Other: an officer of said Defendant(s)'s company. Commonwealth Description: Age 4 L-_10 Height r tG " Q Weight 9-" Race LI/ Sex __F_ Other l' I" Q ? ` bPt;t'" , a competent adult, being duly sworn a true and correct copy the Notice of Sheriff s the address indicated above. Sale in the manner as set forth herein, ssudant he ption d thatpersonally date and atd d subs r' d b ore a thi d 00 P SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State ci,ar Jersey PATRICIA E. HARRIS NOT SERVED On%pission Expires Jpne 16, 2006 ay o 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of____ 200 Notary. By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 tad Attempt: / / Time: C) r13 { W SALE DATE: 6/13/07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NATIONAL CITY BANK No.: 06-6561 VS. JINNY TAYLOR A/K/A JINNY L. TAYLOR AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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 located at: 408 ALISON AVENUE, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES E Attorney for Plaintiff June 1, 2007 a ?uY a alLnrYa I IAL.Lraa\Ne K J\.I ILY111A1, 4L.[. Address One Penn Center at Suburban Station Of Sender 1617 John F. Kennedy Boulevard, Suite 1400 PhihWelohlL PA 19103-1814 KAM TKAM 4 Line Arftle Number I4ese of AddMeme. %eK ead Pon OTM Aldus Peaup Per DOtvFMRMAIXMOFCEJIVo3 OMMMALAND COUNTY 13 NORTH t1ANOvEK SnUEp T CARLMJ PA 17013 CON04ONWEAL.TH OF PENNSYLVANIA c M DEYAP-TmENTOFWELFARE AX PO BOX 2675 po Q MUM MA PA 17105 V et! ?' 3 TENANT/OCCUPANT ?4?gc ° 408 ALLSON AVENUE 8 a NMCHANI SBURL3, PA t7055 ?b P 59 tee 4 FIRST FRANKLIN FINANCIAL CORPORATION, . SUBSIDIARY OF NATIONAL CITY BANK OF INDIANA 2150 NORTH FIRST STREET i SAN JOSE, CA 95131 5 BENEFICIAL. CONSUMER DISCOUNT COMPANY, -- D/B/A, BENEFICIAL MORTGAGE CO. OF PA 4910 CARLISLE PIICE, STE.104 - , MECHANICSBURG, PA 17050 .6 7 8 9 15 MWY TAYLOR A/K/A JINNY G TAYLOR 143769 KAM Tout Numwcf TaWNwdMOMOas PeemlMS,4kt(H?e OfAeadvioa ILaw4dryiaedwwsswedmidauitieaol ielaouMed spMwlad. tLs sr?ou. iedmeiry pp?aby f" tg Piaas [Lred By Soadc RaodKed at Post Oaiiae Bmpbyea) du raebWUOtlae afsmrPotiehle doao>ner eadc awes "a ddaslsl woawrmUar ioarasoe is 350.000AU Pp pk- eebjeAb e? Of1900 C00 P?aeoartra.'M mm®em bdwmiY P9? mBspnM tW7 sse8m?ip iearaam is fs00.71amdmoLdeo.gpgabki8T.0"%'- skwd.aj-d-616-Wio.S.D ca*Mr Wb w RM.3913 od8921 hr roadnaaroowrps. o ? d ? -r? ? '? ? r?? =! rs t' '~ ? i ` w y? vk? {? ? ? r ? ? ?l sy'i ? W y Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 National City Bank Plaintiff Attorney for Plaintiff : Court Of Common Pleas : Civil Division Vs. Jinny Taylor Alk1a Jinny L. Taylor Defendant(s) Cumberland County, Pennsylvania : 06-6561 CIVIL Term EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, National City Bank, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is National City Bank, the holder of that certain Mortgage dated February 6, 2004 and recorded February 17, 2004 at Mortgage Book 1854, Page 594 in the Cumberland County Recorder's Office. Mortgage was subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded January 24, 2007 at Mortgage Book 0733, Page 4148. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on November 13, 2006. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on January 10, 2007, in the amount of $124,611.61. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Default Judgment. 4. On June 13, 2007, the premises located at 408 Alison Avenue, Mechanicsburg, PA 17055 (hereinafter "Property"), was sold at the Cumberland County Sheriff's Sale pursuant to Writ of Execution issued out of the captioned case. 5. The Property was struck down to a third-party bidder for the amount of $135,400.00. 6. On or about July 13, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $129,825.19. Attached hereto, made a part hereof and marked as Exhibit "C" is a true and correct copy of the Sheriff's Schedule of Distribution. 7. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 8. The total debt owed to Plaintiff at the time of the Sale was $133,206.25, the amount Plaintiff bid at sale. 9. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 10. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $133,206.25 The Sheriff has funds available to pay the amount Plaintiff is seeking. 11. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $112,585.14 Interest: $ 11,908.59 Late Charges: $ 738.90 Escrow Defecit/FC fee $ 6,177.62 Property Inspection $ 296.00 Sheriff s Deposit $ 1,500.00 Balance due: $133,206.25 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $133,206.25, and directing the Sheriff to pay the Plaintiff the balance due of $133,206.25. Respectfully submitted, PHELAN HA/L?LINAN AND SCHMIEG, LLP Date: July 20, 2007 Michael E. Carleton , Esq. Attorney for Plaintiff rv ^. 71-T l tiJ t ? `• T Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 National City Bank : Court Of Common Pleas Plaintiff : Civil Division Vs. Cumberland County, Pennsylvania Jinny Taylor : A/k/a Jinny L. Taylor : 06-6561 CIVIL Term Defendant(s) BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTUAL BACKGROUND The Plaintiff is National City Bank, the holder of that certain Mortgage dated February 6, 2004 and recorded February 17, 2004 at Mortgage Book 1854, Page 594 in the Cumberland County Recorder's Office. Mortgage was subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded January 24, 2007 at Mortgage Book 0733, Page 4148. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on November 13, 2006. Plaintiff obtained a Default Judgment on January 10, 2007, in the amount of $124,611.61. On June 13, 2007, the premises located at 408 Alison Avenue, Mechanicsburg, PA 17055 (hereinafter "Property"), was sold at the Cumberland County Sheriff's Sale pursuant to Writ of Execution issued out of the captioned case. The Property was struck down to a third-party bidder for the amount of $135,400.00. On or about July 13, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $129,825.19. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $133,206.25, the amount Plaintiff bid at sale. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $133,206.25. The Sheriff has funds available to pay the amount Plaintiff is seeking. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphi, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $133,206.25, and directing the Sheriff to pay the Plaintiff the balance due of $133,206.25. Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, LLP Date: July 20, 2007 By Michael E. Carleton, sq. Attorney for Plaintiff E)MIBIT «A.,1) PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143769 NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 Plaintiff V. JINNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE APARTMENT 229 MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLIJAS 4 O c ? -n CIVIL DIVISION - F TERM ` n NO 6 6, . y4 ?. k V CUMBERLAND 0TVr. cv o G c? 3y ?7 "? uz A41DR*YF-hE-W'fV; 10 REA& i; i. Z Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 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 filrther notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. iM.FY FILE. Jow Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ?t- w=€' hln to be a true and c or, ect copy of the originaz? siiod & r rd File #1 143769 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION. THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS. TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT.. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File ll: 143769 Plaintiff is NATIONAL CITY BANK 150 ALLEGHENY CENTER MALL IDC 24-050 PITTSBURGH, PA 15212 2. The name(s) and last known address(es) of the Defendant(s) are: TINNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE APARTMENT 229 MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/06/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST FRANKLIN FINANCIAL CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1854, Page: 594. PLAR TIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 143769 6. The following amounts are due on the mortgage: Principal Balance $112,585.14 Interest 5,216.00 06/01/2006 through 11/10/2006 (Per Diem $32.00) Attorney's Fees 1,250.00 Cumulative Late Charges 377.56 02/06/2004 to 11/10/2006 Cost of Suit and Title Search 550.00 Subtotal $ 119,978.70 Escrow Credit 0.00 Deficit 2,712.91 Subtotal $ 2.712.91 TOTAL $ 122,691.61 7. 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAD47VF demands an u! rem Judgment against the Defendant(s) in the sum of $ 122,691.6 1, together with interest from 11/10/2006 at the rate of $32.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHE LINAN & 74X r By: /s/Francis S. Hallman L NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143769 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Allison Avenue, said point being at the dividing line between Lots Nos. 228 and 229 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 2.5 degrees 09 minutes East, one hundred ten (110) feet to a point; thence South 64 degrees 51 minutes West, eighty (80) feet to a point at the dividing line between Lots Nos. 229 and 230 on said plan; thence along said dividing line North 25 degrees 09 minutes West, one hundred ten (110) feet to a point on the southern line of Alison Avenue; thence containing along the southern line of Alison Avenue North 64 degrees 51 minutes East, eighty (80) feet to a point, the place of BEGINNING. Being Lot No. 229 on Plan No. 4, Plot W of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 54. HAVING THEREON ERECTED a dwelling house known and numbered as 408 Alison Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES that Bert W. Reese and Florence J. Reese by Malinda J. Reese, their attorney in fact by Deed dated 05/28/2002 and recorded 05/30/2002 in Deed Book 251 page 4490 in the Office for the Recording of Deeds in and for the County of Cumberland granted and conveyed unto S. Geoffrey Hebert, in fee. PREMISES BEING 408 ALLISON AVENUE File #: 143769 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. 4 FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: f y?" EXHIBIT "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG o •Identification No. 62205 ° Attorney for Plaintiff T N n IO ONE PENN CENTER AT SUBURBAN STA _ 1617 JOHN F. KENNEDY BLVD., SUITE 1400 --- PHILADELPHIA, PA 19103-1814 12151 563-7000 NATIONAL CITY BANK COUr 150 ALLEGHENY CENTER MALI., IDC 24050 CUMBERLAND PITTSBURGH, PA 15212 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 06-6561 JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). • "": .;` .? i?/( F PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO t ANSWER AND ASSESSMENT OF DAMAGES ` TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JINNI TAYLOR AagA JINNI L. TAYLOR. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint - $122,691.61 Interest from 11/11/06 to 1/9!07 $1920.00 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are ass wn above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Attorney or DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ESQUIRE PRO PROTHY 143769 EXHIBIT "C" SCHEDULE OF DISTRIBUTION SALE NO. 08 Date Filed: July 13, 2007 Writ No. 2006-6561 Civil Term National City Bank VS Jinny Taylor a/ka/ Jinny L. Taylor 408 Alison Ave. Mechanicsburg, PA 17055 Sale Date: June 13, 2007 Buyer: James M. Bach Bid Price: $135,400.00 Real Debt Interest Attorney Writ Costs Misc. Costs Total: $124,611.61 3,174.40 119.68 1,919.50 $129,825.19 DISTRIBUTION: Receipts: Cash on account (01/25/2007): $ 1,500.00 Cash on account (06/13/2007): 13,540.00 Cash on account (06/18/2007): 128,303.56 Total Receipts: $143,343.56 Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Barry Heckard, Tax Collector Mechanicsburg Borough Attorney Daniel Schmieg National City Bank First Franklin Financial Corp. Total Disbursements: Balance for distribution: So Answers: $3,760.82 200.00 1,767.78 1,767.78 1,882.94 1,206.33 1,500.00 129,825.19 1,432.72 ($143,343.56) 0.00 R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN AND HMIEG, LLP Date: July 20, 2007 Michael E. Carleton, Esq. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 National City Bank Plaintiff Attorney for Plaintiff : Court Of Common Pleas : Civil Division Vs. Jinny Taylor A/k/a Jinny L. Taylor Defendant(s) : Cumberland County, Pennsylvania : 06-6561 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that true and correct copies of the Plaintiff s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), and Brief were served upon the following: Jinny Taylor 408 Alison Avenue Apt. 229 Mechanicsburg, PA 17055 Dated: July 12, 2007 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP -? By;- Michael E. Carleton, Esquire Attorney for Plaintiff 4 ^;i{ i F :X -10 wAdw NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JINNY TAYLOR, NO. 2006 - 6561 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 30TH day of JULY, 2007, a hearing on Plaintiff s Exceptions to Sheriffs Sale Distribution is scheduled for WEDNESDAY, AUGUST 29, 2007, at 11:15 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. the Court, ward E. Guido, J. hael E. Carleton, Esquire ne Penn Center at Suburban Station 1617 JFK Blvd. Suite 1400 Phila., Pa. 19103 - 9897 J nny Taylor 408 Alison Avenue Apt. 229 Mechanicsburg, Pa. 17055 sld VINVAUSNN3d 0 1 :al WV os Inr LOOZ vivo- Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 National City Bank Plaintiff Vs. Jinny Taylor A/k/a Jinny L. Taylor Defendant(s) Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania 06-6561 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that a true and correct copy of the July 30, 2007 Order of Court with respect to Plaintiffs Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d) and this Certification were served by regular mail on the date listed below on the following: Jinny Taylor R. Thomas Kline 408 Alison Avenue Sheriff of Cumberland County Apt. 229 Cumberland County Courthouse Mechanicsburg, PA 17055 One Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN & IEG, LLP Dated: August 2 2007 By: Michael E. Carleton , Esquire Attorney for Plaintiff -.%. IV, NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JINNY TAYLOR, NO. 2006 - 6561 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 30TH day of JULY, 2007, a hearing on Plaintiff's Exceptions to Sheriff's Sale Distribution is scheduled for WEDNESDAY. AUGUST 29, 2007, at 11:15 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. the Court, E. Guido, J. Michael E. Carleton, Esquire One Penn Center at Suburban Station 1617 JFK Blvd. Suite 1400 Phila., Pa. 19103 - 9897 Jinny Taylor 408 Alison Avenue Apt. 229 Mechanicsburg, Pa. 17055 Ad N C) r l - e t a JUL 3 4 2007,wi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA National City Bank Plaintiff Vs. Jinny Taylor A/k/a Jinny L. Taylor Defendant(s) Court Of Common Pleas Civil Division Cumberland County, Pennsylvania :06-6561 CIVIL Term ORDER AND NOW, thisO day of , 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), and any response thereto, it is hereby: ORDERED and DECREED that said Exceptions are granted and that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the Sheriff s Sale of the property located at 408 Alison Avenue, Mechanicsburg, PA 17055, held on June 13, 2007, to be distributed first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distribute ' e sum of $133,206.25, to the executing Plaintiff by and through its attorney, Phegn, Hallinan a2eSchmieg, LLP. Jaoo 0? V,41 "i AdViONO"Hiod-N :-"Hi JO 0, C?- Ij COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which James M Bach is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the loth day of Jan. A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6561, at the suit of National City Bank against Jj= Tavlor aka JinnyL is duly recorded in Deed Book No. 281, Page 498. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A? day of ?!? I A.D. a-0 0 of Deeds Row,* d on,* CWbGdWW C=*n (,*. PA *Caern"M EON to FM Mora raJuLM O National City Bank VS Jinny Taylor a/k/a Jinny L. Taylor In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6561 Civil Term William Cline, Deputy Sheriff, who. being duly sworn according to law, states that on March 26, 2007 at 2024 hours, 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: Jinny Taylor a/k/a Jinny L. Taylor, by making known unto Jinny Taylor a/k/a Jinny L. Taylor personally, at 408 Alison Avenue, Apartment 229, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1337 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jinny Taylor a/k/a Jinny L. Taylor, located at 408 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jinny Taylor, a/k/a Jinny L. Taylor, by regular mail to her last known address of 408 Alison Avenue, Apartment 229, Mechanicsburg, PA 17055. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $135,400.00 to James M. Bach. It being the highest bid and best price received for the same, James M. Bach of 352 S. Sporting Hill Road, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $141,843.56. Sheriffs Costs: Docketing $30.00 Poundage 24708.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 18.20 Levy 15.00 Surcharge 20.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers: 407.00- 392.45 16.17 25.00 39.50 $3,760.82 ? qlL117 ?V4 ? tom. R. Thomas Kline, Sheriff BYJ Real Estate ergeant py- 0+n r j NATIONAL CITY BANK r CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JINNY TAYLOR A/K/A JINNY L. TAYLOR CIVIL DIVISION Defendant(s). NO.06-6561 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) NATIONAL CITY BANK. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,408 ALISON AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JINNY TAYLOR A/K/A JINNY L. TAYLOR 408 ALISON AVENUE, APARTMENT 229 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: t Name J Last Known Address (if address cannot be reasonably ascertained, please indicate) 2150 NORTH FIRST STREET FIRST FRANKLIN FINANCIAL CORPORATION, SAN JOSE, CA 95131 SUBSIDIARY OF NATIONAL CITY BANK OF INDIANA BENEFICIAL CONSUMER DISCOUNT 4910 CARLISLE PIKE, STE.104 COMPANY, D/B/A, BENEFICIAL MORTGAGE MECHANICSBURG, PA 17050 CO. OF PA 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 408 ALISON AVENUE MECHAMCSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unworn falsification to authorities. /- January 9, 2007 DATE Attorney for Minti NATIONAL CITY BANK CUMBERLAND COUNTY Plaintiff, V. No. 06-6561 JINNY TAYLOR A/K/A JINNY L. TAYLOR Defendant(s). January 9, 2007 TO: JENNY TAYLOR A/K/A JWNY L. TAYLOR 408 ALISON AVENUE, APARTMENT 229 MECHANICSBURG, PA 17055 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 408 ALISON AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,611.61 obtained by NATIONAL CITY BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notipe on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 01 DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Allison Avenue, said point being at the dividing line between Lots Nos. 228 and 229 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 2.5 degrees 09 minutes East, one hundred ten (i 10) feet to a point; thence South 64 degrees 51 minutes West, eighty (80) feet to a point at the dividing line between Lots Nos. 229 and 230 on said plan; thence along said dividing line North 25 degrees 09 minutes West, one hundred ten (110) feet to a point on the southern line of Alison Avenue; thence containing along the southern line of Alison Avenue North 64 degrees 51 minutes East, eighty (80) feet to a point, the place of BEGINNING. Being Lot No. 229 on Plan No. 4, Plot `B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 54. HAVING THEREON ERECTED a dwelling house known and numbered as 408 Alison Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES that Bert W. Reese and Florence J. Reese by Malinda I. Reese, their attorney in fact by Deed dated 05/2812002 and recorded 05/30/2002 in Deed Book 251 page 4490 in the Office for the Recording of Deeds in and for the County of Cumberland granted and conveyed unto S. Geoffrey Hebert, in fee. PARCEL IDENTIFICATION NO: 17-24-0789-167 CONTROL #: 1100 1100 Premises: 408 Alison Avenue, Mechanicsburg, PA 17055 Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN 3inny Taylor, by Deed from S. Geoffrey Hebert, dated 01/26/2004, recorded 02/17/2004, in Deed Book 261, page 3506. i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6561 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s) From JINNY TAYLOR A/K/A JINNY L. TAYLOR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,611.61 L.L. $.50 Interest FROM 1/9/07 TO 6/13/07 - (PER DIEM - $20.48) - $3,174.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $ 119.68 Other Costs ADD'L FEES - $1919.50 Plaintiff Paid Date: JANUARY 10, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 - -r -v I rLrL-f Real Estate Sale # 08 On January 25, 2007 the Sheriff levied upon the defendant's interest in the rty situated-in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 408 Alison Avenue, Mechanicsburg, Mechanicsburg Borough, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: JQ -._ Real Estate Sergnt b fi :IZ d Z I NVF t0al ??8? ?iS 31 i;M1 0 --!"i1 ?Af v AMENDED :;SCHEDULE OF DISTRIBUTION SALE NO. 08 Date Filed: July 13, 2007 Writ No. 2006-6561 Civil Term National City Bank VS Jinny Taylor a/ka/ Jinny L. Taylor 408 Alison Ave. Mechanicsburg, PA 17055 Sale Date: June 13, 2007 Buyer: James M. Bach Bid Price: $135,400.00 Real Debt $124,611.61 Interest 3,174.40 Attorney Writ Costs 119.68 Misc. Costs 1,919.50 Total: $129,825.19 DISTRIBUTION: Receipts: Cash on account (01/25/2007): $ 1,500.00 Cash on account (06/13/2007): 13,540.00 Cash on account (06/18/2007): 128,303.56 Total Receipts: $143,343.56 Disbursements: Sheriffs Costs Legal Search Transfer Tax, Local Transfer Tax, State Barry Heckard, Tax Collector Mechanicsburg Borough Attorney Daniel Schmieg National City Bank Total Disbursements: Balance for distribution: So Answers: $3,760.82 200.00 1,767.78 1,767.78 1,882.94 1,206.33 1,500.00 131,257.91 (PER ORDER OF COURT) ($143,343.56) 0.00 R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 08 Date Filed: July 13, 2007 Writ No. 2006-6561 Civil Term National City Bank VS Jinny Taylor a/ka/ Jinny L. Taylor 408 Alison Ave. Mechanicsburg, PA 17055 Sale Date: June 13, 2007 Buyer: James M. Bach Bid Price: $135,400.00 Real Debt $124,611.61 Interest 3,174.40 Attorney Writ Costs 119.68 Misc. Costs 1,919.50 Total: $129,825.19 DISTRIBUTION: Receipts: Cash on account (01/25/2007): $ 1,500.00 Cash on account (06/13/2007): 13,540.00 Cash on account (06/18/2007): 128,303.56 Total Receipts: $143,343.56 Disbursements: Sheriffs Costs $3,760.82 Legal Search 200.00 Transfer Tax, Local 1,767.78 Transfer Tax, State 1,767.78 Barry Heckard, Tax Collector 1,882.94 Mechanicsburg Borough 1,206.33 Attorney Daniel Schmieg 1,500.00 National City Bank 129,825.19 First Franklin Financial Corp. 1,432.72 Total Disbursements: ($1431343.56) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 08, held June 13, 2007 EFFECTIVE DATE: June 18, 2007 PREMISES: 408 Alison Avenue, Mechanicsburg, Pennsylvania (the "Premises"), tax parcel No. 17-24-0789-167 RECITAL: Being the same premises vested in Jinny Taylor, also known as Jinny L. Taylor, by Deed from S. Geoffrey Taylor dated January 26, 2004 and recorded February 17, 2004 in Cumberland County Deed Book 261, Page 3506. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All real Estate taxes on the Premises assessed but not billed, including, but not limited to, those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $115,600.00 from Jinny Taylor to First Franklin Financial Corp., a subsidiary of National City Bank of Indiana, dated February 6, 2004 and recorded February 17, 2004 in Mortgage Book 1854, Page 594, assigned to National City Bank January 24, 2007 in Misc. Book 733, Page 4148. -2- 21. Mortgage in the amount of $28,900.00 from Jinny Taylor, unmarried person to First Franklin Financial Corp., a subsidiary of National City Bank of Indiana, dated February 6, 2004 and recorded February 17, 2004 in Mortgage Book 1854, Page 615. 22. Mortgage in the amount of $21,809.44 from Jinny Taylor to Beneficial Consumer Discount Company, d/b/a Beneficial Mortgage Company of Pennsylvania, dated March 5, 2004 and recorded March 15, 2004 in Mortgage Book 1856, Page 4898. 23. Judgment against Jinny L. Taylor in favor of National City Bank in the amount of $124,611.61 in No. 2006-6561 entered January 10, 2007. 24. Judgment against Jinny Taylor in favor of the Borough of Mechanicsburg in the amount of $844.56 filed February 15, 2007 in No. 2007-862. 25. The Declaration recorded in Misc. Book 207, Page 331. 26. All building setback lines, easements, notes, condition and all matters appearing in Plan Book 22, Page 54, Plan No. 4 of Heritage Acres. 27. Rights granted PPL in: (a) Misc. Book 63, Page 31; (b) Misc. Book 181, Page 244; (c) Misc. Book 185, Page 1010; and (d) Misc. Book 185, Page 1015. 28. Rights granted Bell Telephone in: (a) Misc. Book 185, Page 391; and (b) Misc. Book 185, Page 393. 29. Rights granted PPL and Bell Telephone in Misc. Book 207, Page 209. 30. Rights granted West Shore TV Cable Company in Misc. Book 210, Page 451. 31. Spouse rights if any of any spouse of S. Geoffrey Hebert, grantor of the Premises to Jinny Taylor. 32. The rights of others in and to any portions of the Premises adjoining or within Alison Avenue. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 8 Writ No. 2006-6561 Civil National City Bank VS. Jinny Taylor a/k/a Jinny L. Taylor Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Bor- ough of Mechanicsburg, County of Cumberland and State of Pennsyl- vania. bounded and described as follows, to wit: BEGINNING at a point on the southern line of Allison Avenue, said point being at the dividing line be- tween Lots Nos. 228 and 229 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 2.5 degrees 09 minutes East, one hundred ten (110) feet to a point: thence South 64 degrees 51 min- utes West, eighty (80) feet to a point at the dividing line between Lots Nos. 229 and 230 on said plan; thence along said dividing line North 25 degrees 09 minutes West, one hundred ten (110) feet to a point on the southern line of Alison Avenue; thence containing along the south- ern line of Alison Avenue North 64 degrees 51 minutes East, eighty (80) feet to a point, the place of BEGIN- NING. Being Lot No. 229 on Plan No. 4, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 54. HAVING THEREON ERECTED a dwelling house known and num- bered as 408 Alison Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES that Bert W. Reese and Florence J. Reese by Malinda J. Reese, their attorney in fact by Deed dated 05/ 28/2002 and recorded 05130/ 2002 in Deed Book 251 page 4490 in the Office for the Recording of Deeds in and for the County of Cumberland granted and conveyed unto S. Geoffrey Hebert, in fee. PARCEL IDENTIFICATION NO: 17-24-0789-167. CONTROL #: 1 100 1100. Premises: 408 Alison Avenue, Mechanicsburg, PA 17055, Cum- berland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jinny Taylor, by Deed from S. Geoffrey Hebert, dated 01/ 26/2004, recorded 02/17/2004, in Deed Book 261, page 3506. EXHIBIT A THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#8 Sworn to and subscribed Teuy L Russell, NotarY, Public C*1 Of )gy 0= E)OmDauph s June 6 ? 4 M , P ovania Association of Notaries N ARY PUBLIC A.D. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 r P PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Mane Coyne. Editor SWORN TO AND SUBSCRIBED before me this -__4 _day of Mav. 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 RNAL, XWrAX3 GAts 00. 8 Writ No. 2006-6561 Civil National City Bank VS. Jinny Taylor a/k/a Jinny L. Taylor Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Bor- ough of Mechanicsburg, County of Cumberland and State of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of Allison Avenue, said point being at the dividing line be- tween Lots Nos. 228 and 229 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 2.5 degrees 09 minutes East, one hundred ten (110) feet to a point; thence South 64 degrees 51 min- utes West, eighty (80) feet to a point i at the dividing line between Lots Nos. 229 and 230 on said plan; thence along said dividing line North 25 degrees 09 minutes West, one hundred ten (110) feet to a point on the southern line of Alison Avenue; thence containing along the south- ern line of Alison Avenue North 64 degrees 51 minutes East, eighty (80) feet to a point, the place of BEGIN- NING. Being Lot No. 229 on Plan No. 4, Plot 'B' of Heritage Acres, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 22, Page 54. HAVING THEREON ERECTED a dwelling house known and num- bered as 408 Alison Avenue, Mechanicsburg, Pennsylvania. BEING THE SAME PPX6U1S&S that Bert W. Aeese and Flame J. Regime by K&Uada J. Reese. their attorney in fact by Deed dated 05/ j 28/2002 and recorded 05/30/ 2002 in Deed Book 251 page 4490 in the Office for the Recording of Deeds in and for the County of Cumberland granted and conveyed unto S. Geoffrey Hebert, in fee. PARCEL IDENTIFICATION NO, 17-24-0789-167. CONTROL #: 1 100 1100. Premises: 408 Alison Avenue, Mechanicsburg, PA 17055, Cum- berland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jinny Taylor, by Deed from S. Geoffrey Hebert, dated 01/ 26/2004, recorded 02/17/2004, in Deed Book 261, page 3506.