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HomeMy WebLinkAbout02-3169BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE Plaintiff VS. TAMARA R. YOST Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 0,~- ,~Ig '~ CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the couit 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 withodi you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SiN SU PARTIC1PACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff VS. TAMARA R. YOST Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attomey is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff VS. TAMARA R. YOST Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA c fA T ¢ ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, a national association acting through its servicing agent Homecomings Financial Network, Inc. whose address is 9275 SKY PARK COURT, SUITE 300, SAN DEIGO, CALIFORNIA 92123. 2. Defendant, TAMARA R. YOST, is an adult individual whose last known address is 168 WEST MIDDLESEX DRIVE, CARLISLE, PENNSYLVANIA 17013. On or about, October 18, 2000, the said Defendant executed and delivered a Mortgage Note in the sum of $131,250.00 payable to HOMECOMINGS FINANCIAL NETWORK, INC., which Note is attached hereto and marked Exhibit "A". Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1647, Page 667 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Bankone, National Association, Trustee and was recorded in the aforesaid County in Mortgage Book 686, Page 2499. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 168 WEST MIDDLESEX DRIVE, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on March 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $43.35 per day From 02/01/2002 To 08/01/2002 ( based on contract rate of 12.1200%) $128,710.92 $7,846.35 Late Charges $68.14 From 03/01/2002 to 08/01/2002 $340.70 Attorney's Fee at 5% of Principal Balance TOTAL $6,435.55 $143,333.52 **Together with interest at the per diem rate noted above after August 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Rehef Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Pennsylvania Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total mount due together with interest at the rate of 12.1200% ($43.35 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described.By:PURCE Leon P. Hailer, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Image Print Page 1 of 2 NOTE 1. BORROWER'S FROM~E TO ~ HF HUDI.....~__,.___-- ~ ~ 3't, 2 ~0. O0 (*kb ~umonl ~s cnltcd "p~ncip~'}. p]m Lmg~e~t, m ~ ~n~ of the LemUr. ~ ~ i~ . f und~ 3. PA~ https://imaging~h~mcc~mings.~~m/imagcvicw/PrintImagcs~asp?D~cum~ntID=752627~&Page~.. 6/19/02 Page 7 of 7 6/19/02 VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts Contained in the foregoing COMPLAINT in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff BANKONE, NATIONAL ASSOCIATION, TRUSTEE. Said facts made subject to the penalties of 18 Pa.C.S. to unsworn falsification to authorities. contained herein are Section 4904 relating Date: July 01, 2002 SHERIFF'S RETURN - CASE NO: 2002-03169 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE-NATIONAL ASSOCIATION VS YOST TAMARA R REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon YOST TAMARA R the law, DEFENDANT , at 1438:00 HOURS, at 168 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 VERNON YOST a true and attested copy of on the 8th day of July 2002 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of {br{Dthonotary So Answers: R. Thomas Kline 07/09/2002 PURCELL KRUG HALLER Deputy Sheriff BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, PLAINTIFF VS. TAHARA R. YOST, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : NO. 2002 3169 : IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant TAMARA R. YOST for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $43.35 from 2/1/02 to 8/1/02) Late charges ($68.14 per month to 8/02) Escrow Deficit 5% Attorney's Commission $128,710.92 $ 7,846.35 340.70 6,435.55 TOTAL $143,333.52'* ** Together with additional interest at the per diem rate indicated above from the date herein, based on the centract rate, and other charges and costs to the date of Sheriff's Sale. PURCE~ By ~ Leon P. Haller PA I.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 #15700 BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, PLAINTIFF VS. TAHARA R. YOST, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002 3169 : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on AUGUST 2, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Haller PA I.D. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 #15700 BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3169 TAMARA R. YOST Defendant CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 2, 2002 TO: TAMARA R. YOST 168 WEST MIDDLESEX DRIVE CARLISLE, PA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND VCE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WIIHIN TEN (10) 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 PURCELL, KRUG & HALLER' ' By LEON P~ HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 BANKONE, NATIONAL ASSOCIATION, : AS TRUSTEE, : PLAINTIFF : VS. : TAMAP~A R. YOST, : DEPENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3169 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : before ~e this /~2 day : of ' LEON P. HALLER, ESQUIRE ,Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 3169 BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, PLAINTIFF VS. TAMARA R. YOST, DEFENDANT ( S ) TOTAL AMOUNT OF JUDGMENT $143,333.52 Interest at $43.35 per diem to sale date $ 5,418.75 Late charges at $68.14 per month to sale date $ 204.42 Escrow Deficit $ 2,000.00 TOTAL $150,956.69, *SALE DATE: WEDS.,DEC.4, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF ~xmCUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: September 10, 2002 ~,/~. Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. ~15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSI/RF COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 168 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:/MK F/DOCS\CUM BERLA/YOST W ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland Coanty, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of North Middlesex Road at corner of lands now or £ormerly of Calder Clemson; thence by the center line of said North Middlesex Road, North 84 degrees 30 minutes East 323 feet, more or less, to comer of lands now or forn~erly of George Hinda; thence by said lands now or formerly ofGeorge Hinda and lands now or formerly of Raymond A. and Gladys I. Smyser, his wife, South 05 degrees 30 minutes West 845 feet, more or less, to a point in line of lands now or formerly of Calder Clemson; thence by said lands now or formerly of Calder Clemson, South 86¼ degrees West 338 feet, more or less, to a point; thence by the same, North 6~ degrees East 841.5 feet to a point, the place of Beginning. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 168 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISES WHICH Vicky S. Caffrey et 10/18/00 and recorded 10/26/00 in Deed Book 232 and conveyed unto Tamara R. Yost. al by deed dated Page 398 granted TO BE SOLD AS THE PROPERTY OF TAHARA R. YOST ON JUDGMENT NO. 2002 3169. ASSESSMENT: 21-06-0017-018 K MKF DOCS CUMBERLA',YOST DES WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3169 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE Plaintiff (s) From TAMARA R. YOST (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED LEGAL DESCRIPTION. 168 W MIDDLESEX DR, CARLISLE, PA 17013. (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 DueS143333.52 L.L.$.50 Interest AT $43.35 PER DIEM TO SALE DATE $5,418.75 Late charges at $68.14 PER MONTH TO SALE DATE $204.42 Atty's Comm % Due Prothy $1.00 Arty Paid $108.45 Other CostsEscrow deficit Plaintiff Paid $2,000.00 Date: September 11, 2002 (Seal) REQUESTING PARTY: Name Leon P. Hailer, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary Deputy BANKONE, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS AS TRUSTEE, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : VS. : CIVIL ACTION - LAW TAHARA R. YOST, : NO. 2002 3169 DEPENDANT : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 168 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IP A/qY ... Vernon Yosh 168 West Middlesex Drive Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ///~ j Leon P. Haller PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 10, 2002 BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, PLAINTIFF VS. TAMARA R. YOST, DEPENDANT IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3169 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property ~real estate) held: DATE: WEDNESDAY, DECEMBER 4, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Couzthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 168 WEST MIDDLESEX DRIVE CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $143,333.52 under or pursuant to which your property is being sold is docketed in the withir! Commonwealth and County to: No. 2002 3169 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property TAMARA R. YOST A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this sshedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME ~ PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if yon are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of land situate in Middlesex Toxvnship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of North Middlesex Road at corner of lands now or fommrly of Calder Clemson; thence by the center line of said North Middlesex Road, North 84 degrees 30 minutes East 323 feet, more or less, to comer of lands now or formerly of George Hinda; thence by said lands now or formerly of George Hinda and lands now or formerly of Raymond A. and Gladys I. Smyser, his wife, South 05 degrees 30 nfinutes West 845 feet, more or less, to a point in line of lands now or fom~erly of Calder Clemson; thence by said lands now or formerly ofCalder Clemson, South 86'/1 degrees West 338 feet, more or less, to a point; thence by the same, North 6V: degrees East 841.5 feet to a point, the place of Begimfing. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 168 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISES WHICH Vicky S. Caffrey et al by deed dated 10/18/00 and recorded 10/26/00 in Deed Book 232 Page 398 granted and conveyed unto Tamara R. Yost. TO BE SOLD AS THE PROPERTY OF TAMARA R. YOST ON JUDGMENT NO. 2002 3169. ASSESSMENT: 21-06-0017-018 BANKONE, NATIONAL ASSOCIATION, : AS TRUSTEE, : PLAINTIFF : VS. : TAMARA R. YOST, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLkND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3169 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I Dave deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~--/'~P~ , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Vernon Yost 168 West Middlesex Drive Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By_ PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W. I'UR('ELL HOWARD B. ]<R[JG LEON P. IIAI,LER JOHN W. PURCELL .IR. BRIAN J. TYLER JILL M. W[NEKA NOTICE TO: LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Vernon Yost 168 West Middlesex Drive Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants ii1 the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, bv bei~'~notified of said Sheriff's Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff BANKONE, NATIONAL ASSOCIATION, : AS TRUSTEE, : PLAINTIFF : VS. : TAMARA R. YOST, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3169 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATR PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 4, 20012 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 168 WEST MIDDLESEX DRIVE CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $143,333.52 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002 3169 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K:\MKF\DOCS\CUMBERLA\YOST.NOS TAMARA R. YOST A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) day's after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME A~ PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE ~u~GMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LA~ER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FInD OUT W~ERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY ~IAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, ]PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bouoded and described as follows: BEGINNING at a point in the center line of North Middlesex Road at comer ot' lands now or formerly of Calder Cle,nson; thence by the center line of said North Middlesex Road, North 84 degrees 30 minutes East 323 feet, more or less, to comer of lands now or formerly of George Hinda; thence by said lands now or formerly of George Hinda and lands now or formerly of Raymond A. and Gladys I. Smyser, his wife, South 05 degree.,; 30 minutes West 845 feet, more or less, to a point in line of lands now or fom~erly of Calder Clemson; thence by said lands now or formerly of Calder Clemson, South 86Va degrees West 338 feet, more or less, to a point; Ihe.ce by the same, North 6~A degrees East 841.5 feet to a point, the place of Beginning. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 168 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. BEING THE SAME PREMISES WHICH Vicky S. Caffrey et al by deed dated 10/18/00 and recorded 10/26/00 in Deed Book 232 Page 398 granted and conveyed unto Tamara R. Yost. TO BE SOLD AS THE PROPERTY OF TAMARA R. YOST ON JUDGMENT NO. 2002 3169. ASSESSMENT: 21-06-0017-018 K:\M K F\DOCS~,CUM BE RLA\YOST.DES Re: HC vs. Yost Cumberland 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILI~ (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Postmark: U. S. POSTA~ SERVICE CERTIFICATE OF MAILING (In comDliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Vernon Yost 168 West Middlesex Drive Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service FO~L 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 C'3 BANKONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff VS. TAMARA R. YOST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO. , PENNSYLVANIA CIVIL, ACTION - LAW NO. 2002-3169 Civil Term IN MORTGAGE FORECLOSURE p RAE C I P E TO THE PROTHONOTARY: Please Vacate the Judgment entered against the Defendant in the above captioned matter, because the mortgage has been reinstated and the default cured. BY:~~/'-/~ ID Leo~_P-- Haller No. 15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2002 The Court of CommOn pleas of Trustee I~umberland County, pennSylvania Bankone, Nauonal p~ssociation, as Writ No. 2002-3169 Civil Term ¥S Tamara P~' ¥ost according to law, states this n ,ham S Klin~, She _ :_~+ ctionS BjOltt ~' - is retm~;d~ED pursuant '° m~tru Sheriff' s Costs: 30.00 Docketing 20.00 Surcharge .50 LaW Library 1.00 prothonotary 6.90 Mileage l 5.00 LeVY 15.00 Advertising 15.00 posting Handbills 25.20 Share of Bills 13.11 256.10 260.95 poundage LaW ]ournal patriot NewS 9_~75 668.51 paid by attorney Certified Mail $ 1_ 1/25/02 So Answer: ~~ Sworn and subscribed to before me ~~ This ~qq'~ day of ~ p~. Thomas Kline, Sheriff prothonotary THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frarlk 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 Th~iot. N__.~ and_T_b..~ un.~o_~ ~ 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 22nd and 29th day(s) of October and the 5th day(s) of November 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 #40 REAL ESTATE SALE No. 40 To THE PATRIOT-NEWS CO., Dr. i~~+~i For publishing the notice or publication attached ~'s P,~ 323 fec~ ~ or ~~ hereto on the above stated dates ~ ]~,~ ~ ~l,, o~ .... :~ Probating same $ 259.20 · '~ Nota~ Fee(s) $ 1.75 of ~ A ~ Total ~.~,~ ~S f~ ~ ~1~ m.~, ~ $ 260.95 "~mr~o¢C~d~. Publisher's Receipt for Advertising Oost ~ ~ ;~ ~., publisher of The Patdot-N ws an~ The Suo~triot-New~, newspapers ~ ~y ~ ~e, ~e receipt of the afomsa~ notice an~ PUbficat~on costs an~ ce~fies that the same have ERECTED A HOUSE ~O~ ~ ~ ~ aY ............ a=~ ~,~ ; ........................................ ~0P~ OF ~ :~ JM~t Ne. ~ 3169' CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthai, 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: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ~TATE 8ALE NO. 40 Writ No. 2002 3169 Civil Bankone, National Association, as Trustee VS. Tamara R. Yost Atty.: Leon P. Hailer ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvm~ia, bounded and described as follows: BEGINNING at a point in the cen- ter line of North Middlesex Road at corner of lands now or formerly of Calder Clemson; thence by the cen- ter line of said North Middlesex Road, North 84 degrees 30 minutes East 323 feet, more or less, to cor- ner of lands now or formerly of George Hinda; thence by said lands now or forinerly of George Hinda and lands now or formerly of Ray- mond A. and Gladys I. Smyser, his wife, South 05 degrees 30 minutes Editor~ SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 rnex~ce Y said lailds fly of Ray- v~l.°~nd_A. and Gladys I. . ,,.~e, ~Outh 05 de~r~ ~myser, hm ~est 845 feet m~~s o0 minutes · -e or less. to a ~int in line of l~ds now or form- erly of C~der Clemso . s~d l~dsno ~_~ n. thence b C/elllso~ ~ w ~ lormerly of~ y 3B8 fe~' ~uth 8~ 1/2 deg~e~Yer thence by the Sane, North ~ 1/2 degrees East 841.5 feet to a point, the place of Be~nn~g. remdentl~ dwellm~ hou 168 West ~dmo_ o _ se ~o~ as PA 17013 m~ex Drive, C~lisle, 10/26/00 in ;;gvO ~d recorde~ B98 granted -- e~ Book 2B2 Page and conveyed T~a a. gost. Unto ~ BE SOLD AS TY OF TA~ ~E PROPER_ JUDG~'~'m ~' YOST 0 '"~l luO. 2002 3169. N ASSESs~: 21 06-0017-018.