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Home My WebLink About95-04390 . ~ " . , I'BDBRDM 1UID 1'HELaM By. naHX J'EDBRDM Identificaticn NO. 12248 TWO 1'eDD center 1'la.a - suite '00 1'hi1adelphia, 1'A 1'102 Attorney for 1'laintiff (~15\ 5&3-7000 BAME VHITED OJ' TEXAS, FSB . CUKBERLaHD COVHTY 1'.0. BOX 2824 · COURT 01' COMMON PLBAB HOUSTON, TX 77252-2824 va. . CIVIL DIVISION JAKES H. TAPSCOTT 107 pBARL DRIVE · CARLISLE, PA 17013 . NO. '5-43'0 CIVIL TBRH PRAECI1'E FOR JUDGMENT FOR FAILURE TO ~SWER 1ND ASSESSMBNT OF D~GES TO THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against J~ES B. TAPSCOTT, Defendant(s) for failure to file an Answer to plaintiff's complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess plaintiff's damages as follows: As set forth in complaint Interest - 7/1/'5 TO 10/26/'5 TOTAL $133,008.51 2.254.9. $135,264.49 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. ~~mOlL FRANK FEDERMAN, ESQUIRE Attorney for plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (Q.~(: il). l 'Iv r- lJ~ FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 suite 900 Two Penn Center plaza Philadelphia, PA 19102-1799 (215) 563-7000 Attorney for plaintiff BANK UNITED OF TEXAS FSB . . court of common pleas . . civil Division v. cumberland county NO. 1995-04390 . . JAMES H. TAPSCOTT . . TO: JAMES B. TAPSCOTT 107 pEARL DRXVE CARLISLE, PA 17013 f\lE cnp~ DATE 01' NOTXCEI Oc1:ober 4. 1995 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. IMPORT~ NOTICE You are in default because you have failed to take action required in this case. Unless you act within 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 Court Administator 4th Floor Cumberland county courthouse carlisle, PA 17013 (717)240-620~ ~ l'MAA r'R1itl>lff1.1!~ FRANK FEDERMAN, ESQUIRE Attorney for plaintiff L \).. \ .... e 'V"'l \ \ . ~ ~ .J. = ".. ... ,. <::::) - ...:;: ~ ..) :c "z =$ &U~::.:! C1_ U~_O:.r: ~ ~ en i:~U... () In &":-0> '\ a....z-l <;;) N .(,;0 >- Qa; ~cn ~ tAJe...cZ ~ ...... '.., -'wlaJz ~ ~:T."'~' "1 ....., ,...x -4. - ~ ~ .[j .... ~ ::;... ~ ~ - ~ ~ ~ ~ K ~ - . .. ~, ... .. '. s-~.. ~ li:.< ~ z ;c;. 1 ~ Oz 0 .... , .. I rr.< ~ .-. ~ I l~ I <> ..,,; i - . I r:;.J . . , c:> c:> c:> -... ~ 102.... '. Cl ... ... ... c..:r. ><e ~l~ "'e E ~ ~ ZZ ....... lz:1 g &': " CZ . e:....i ~ ~ ~ -::.2 ~ c..'U c_ Ou -.... ~ ! I -- c . I E-o" jll ~S:E 0:-- 2r: I UE-o [:l ..... ..; , ~I I :::.z ~r. ~~. I 0.:;) I c::~ ~i , E-oO ~ I i c::U . Pi: i ;:JQ ~ . "'0 r-M' i 01 :<: 102:0: ::: ! I en , i 8~ I c.~ , "" I ~ , "" I :.: ~ - .. I U ~ ,h: I - :.: I I -lzl .. i en; E-oCl < ] c:l I c:l Zz := ." 0 ... z z Z -:;) - t;; < u . .' .... ALL THAT CERTAIN tract ot land with the improvements thereon erected situate in North Middleton Township, cumberland County, pennsylvania, bounded and described as tollows: BEING Lot No. 4 on Plan No. 6 of Noll Manor as recorded in the Otfice ot Recorder ot Deeds tor Cumberland county in Plan Book 22, Page 163, containing 85 feet along Pearl Drive, having depth along the West along Lot No. 5 of 165 teet, having a width in the rear along the North ot &5 feet and having a depth along the East along Lot No. 3 of 165 teet. ALSO described according to a survey ot Ralph Morton Griffin, R.S., No. 24226-E, dated July 23, 1980, as tollows: BEGINNING at an iron pin on the southwest side ot Pearl Drive (50 toot wide right of way) at a corner of Lot No. 3 ot the above mentioned Plan ot Lots; thence extending trom said beginning point and along Lot No. 3, North 20 degrees East 165 feet to a point; thence North 70 degrees West 85 feet to an iron pin at Lot No. 5 ot the above mentioned Plan ot Lots; thence extending along same South 20 degrees West 165 feet to a point on the southwest side of Pearl Drive, atorementioned; thence extending along same, South 70 degrees East 85 feet to the first mentioned iron pin and place of beginning. BEING improved with a two-story dwelling known as 107 Pearl Drive, Carlisle, PA. TAX PARCEL No.29-161094-69 TITLE TO SAID premises is vested in James H. Tapscott, single, by Deed from Carl M. Glosenger and Janis L. Glosenger, husband and wife, dated 10/1/93 in Deed Book 0-36 page 372. SEIZED in execution and to be sold as the property ot James H. Tapscott. - BAKI UHITBD OF TEXAS, FSB CUHBBllLUD COUNTY COURT 01' COMMON JilLEAS I I vs. I CIVIL DIVISION NO. '5-43'0 CIVIL TBRM JAKJIS B. TAPSCOTT I NOTICB OF SHERIFF'S SALE 01' REAL PROPERTY OCTOBER 26, l!1t5 TOI JAKJIS H. TAPSCOTT 107 PURL DRIVE CARLISLE, JilA 17013 THIS NOTICE IS SENT TO YOU IN ~ ATTEMPT TO COLLECT A DEBT AND ANY IKI'ORKATION OBTAINED PROM YOU WILL BE USED FOR THAT JilURJilOSB. Your house (real estate) at 107 PEARL DRIVE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on Wednesdav. MARCH 6. 1'96 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover street, Carlisle, PA 17013, to enforce the court judgment of 8135.264.49 obtained by B~ UNITED OF TBXAS. PSB (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS . YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff I s Sale, you must take immediate ac~ion: 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. 1. be sold calling 2. You may be able to petition the court to set aside the sale if the ~id 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 (215) 563-7000. 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 ~uyer. 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 ~e filed by the Sheriff on . 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 If the Sheriff's Sale to the highest bidder. (215\ 563-7000. is not stopped, your property will You may find out the price bid by - " 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.) :~: :Y.=L;; :. ~~: i~ S:VZ ~O~ :R~:::T: :: YOU DAVE OTHER lIT y E R 1" JU. DOBS TJutE PLJl.CE. 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 TAItE TBIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C~OT AJi'FORD ONE, GO TO OR TELEPBONE TBE OFFICE LISTED BELOW TO FIND OUT WERE YOU CAN GET LEGAL HELP. CUKBERLaHD COUNTY COURT ADMINISTRATOR 4tb floor cumberland county courthouse (717) 240-6200 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, cumberland county, pennsylvania, bounded and described as follows: BEING Lot No. 4 on Plan No. 6 ot Noll Manor as recorded in the Office of Recorder of Deeds tor cumberland County in Plan Book 22, Page 163, containing 85 teet along Pearl Drive, having depth along the West along Lot No. 5 of 165 feet, having a width in the rear along the North ot 85 teet and having a depth along the East along Lot No. 3 of 165 teet. ALSO described according to a survey of Ralph Morton Griffin, R.S., No. 24226-E, dated July 23, 1980, as tollows: BEGINNING at an iron pin on the southwest side of Pearl Drive (50 toot wide right ot way) at a corner of Lot No. 3 of the above mentioned Plan of Lots1 thence extending trom said beginning point and along Lot No. 3, North 20 degrees East 165 feet to a point1 thence North 70 degrees West 85 teet to an iron pin at Lot No. 5 ot the above mentioned Plan of Lots 1 thence extending along same South 20 degrees West 165 teet to a point on the southwest side of Pearl Drive, atorementioned1 thence extending along same, South 70 degrees East 85 teet to the first mentioned iron pin and place of beginning. BEING improved with a two-story dwelling known as 107 Pearl Drive, Carlisle, PA. TAX PARCEL No.29-161094-69 TITLE TO SAID premises is vested in James H. Tapscott, single, by Deed from Carl M. Glosenger and Janis L. Glosenger, husband and wite, dated 10/1/93 in Deed Book 0-36 page 372. SEIZED in execution and to be sold as the property of James H. Tapscott. .. 5. Name and address of every other person who has any record lien on the property: HA9 LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) Non 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: HA9 LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) Hon 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) ,=07 PEARL DRIVE CARLISLE. PA 17013 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. HAHJ:i TBN~JOCCUP~ OCTOBER 26. 1995 DATE 1tQnk (kdMmwl FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff SWORN and subsoribed before me this _ day of . NOTARY PUBLIC " ~ FEDBmL\H and PHELAN BYI J'RAKl ~BDBRHAH Identification Mo. 12248 suite '00 Two PeDD Center Pla.a Philadelphia, l'A 1'102 (215) 5U-7000 ATTORNBY J'OR PLAIHTI~~ BANK UNITED OP TEXAS, PSB I CUMBERLAND COUNTY I COURT 01' COMMON PLEAS I CIVIL DXVISIOH vs. JAMBS B. TAPSCOTT I I NO. '5-4390 CIVIL TERN CERTIFICATION FRANK FEDERMAN, 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: () an FHA mortgage () non-owner occupied () vacant (XX) Act 91 procedure. have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1a.nf< '-\tdMmQJ t FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . , ... FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (2151 563-7000 BANK UNITED OF TEXAS, FSB P.O. BOX 2824 HOUSTON, TX 77252-2824 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM 17,1 NO. 9'j"- 4j(iD e~~L 0~v,Y'-- v. CUMBERLAND COUNTY JAMES H. TAPSCOTT 107 PEARL DRIVE CARLISLE, PA 17013 Defendant(s) CIVIL ACTION/MORTGAGE ThIs Is an attempt to collect Q debt and any Information obtained will be used for that purpose. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 6. The following amounts are due on the mortgage: Principal Balance Interest 2/1/94 through 7/1/95 (Per Diem $19.11) Attorney's Fees Cumulative Late charges 10/1/93 to 7/1/95 Cost of Suit and Title Search 116,225.14 8,832.86 5811.00 511.64 750.00 Subtotal 132,130.64 Escrow credit Deficit 0.00 877.87 Subtotal 877.87 TOTAL $133,008.51 7. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 8. Defendants' Application for Assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency, a copy of which rejection is attached hereto as Exhibit "A". 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S 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. WHEREFORE, PLAINTIFF demands Judgment against the Defendant(s) in the sum of $133,008.51, together with interest from 7/1/95 at the rate of $19.11 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. .:r ~~e-. r ~{~~_.~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff JU-l-19-1995 09'35 FRCM BFN< UHTED OF TEXAS. F5B FEJlERMAN CPA) P. 03 TO .. Hom~~~e~:tYJ-~~~~A~HfA~~WA 'I:~t.~~~ll.~~~rogr8m PaYMCDl1I <:ieacral Informallon (717) 780-3!14O .tlIrrNDondllDcll 2101 North ProDt SlrOOI <:ionorallnformatlon 1-800-3042-2397 2101 North {'ront Stroot P.O. BOle 15206 P,O, Box 15530 Harrhbur.. PA 17105-5206 Harrl'burl. PA 17105-5530 TDN POl' HllRrfnSl Impaired 1-800-146-1597 HCIIlIBOlIlIBRB' IDIIIRGImCY lIrlRTGIII3B ASSISTAnCB PR(lGRAH STNJ."AI!IIUT' or CRBDrr DZl'IIAL, TERllI1QTIOlf OR 0UllmB 5/12/95 IIAlat UlUTIl1) 01' TBXAS 1'0 BOX 2824 Huu..."...,TX. 77252 stmJBC'r: JAMBS II 'l'APSCO'1"1' 107 PBARL D1UVB CARLISLII,PA, 17013 RBQU1ISTBD CRl5Drr: HOJIIBOlllllU.' S DIIlRGmIClC H:mTGllGB ASSISTMCB LOJUCr MvcZ'oo Aotr:l.on '1''''on. Ol1I1IrG8/r.oNil IW8CXll8ICII Pdncipal Reallon(lI) tor Mver.. ACtion CODcerning Credit: I 1. Mn1"t"gllgnr r..ilACi l:n """'Ply with procedural requirlllllU1t ot Ag.ncy ball~ on: IIcxIIa<nmClr doell Dot have the required tunds for closing as required per loan reversal contingency. You may be entitled to an appeal hecu:ing it you diNgree with our deciaion. Ife must recdve a written request for a hearing within 15 days ot the postmark date of thili letter. O\ppeol requests IIIUSt be in writing; a verbal request is not acceptable). The hearing may l:Je con- ducted by a telephone conference call; theretore, you IllUst include your tlllephone number, Requests tor hearinge lIIUet state the reolon(8) tmit a hearing is nqu.sted and IllUllt be Ilent first clus, ngilltend or certified mail tOI Chiet Counsel - Hearing Request, PHFA/HDIIP , 2101 North Pront Street, P. O. BOX 15628, Harrisburg, Peansylvanis. 17105-!5628. The Agency w:i.J..I. attClmpt to schedule the hearing nthin thirtY (30) aays a~eer ene requlllse is rece:lved, lIhen .ending your appeal, please be suz:e to prine your name legibly and include YO\l1" social eecurity number. YOU have a right to be repre.ented by an attorney in connectioa with your appeal, It you cannot aj!1:ord an attorney yea may be eligible for Legal Services repnsentation. You can aon~_a~ _ ~g.l Sorv:l.aoD ropr.D8Dta~:i.ve through the ~a~~ troll ~r.. ~r 1-800-732-3545. Plealle be aware that SCheduling an appeal hearing dolls not neC8s8arily stay 1:oreeloeure proceedings. DISCLOSURB 01" usa OV :mroRMATION OBTAINBD PROJ!!I OOTSIDB SOORCB I 1. Disclosure inapplicable, The Federal Bqual Credit Opportunity Act pz:ohibit8 creditor. trQOl discriminating against er.dit applicants on the basis ot race, color, religion, national origin, sex, marital 8tlltus, age (provic1ed that the applicant ball the capacity to entsr into a cinCl:i.ng contract) I becaulll!l all or part of the applicant's incOlll8 derives trcllll any public Ilni.tance program; or becaulIl!l the applicant has in good. faith exercised any dght under the Cone\D1ler credit Protec- tion ACt. The Federal Agency that ac2minilltllrs cClllpliliUctI with tld... la.. ..............uJ.uv U.l. creditor is the Federal Trads Ccxlllllbsion, Bqual Credit Opportunity. Wallhington, D.C. ~t-I?,~' PRBDIlRICIC S. RBBD DIRBCTOR EXHIBIT A :~' ; ~ , ,.. ; . I ' ' I i ' . ~ ALL 'rJlAT CEIl'rA11I traCto ~ laDd v1th the 1JlIprClYellIllnte thereon erected .ituate io lIorth M1cl.Ueton 'tow.h1P. Cuabe1'laDd COUDtr. PellDe,.l"411ia,. bouaded .04 de.cribed ... toUDnl IlE1IlO Loto 110. ~ OD PlaII 110. 6 at lIoU MeDal' as recorded in the otUce at lIecorder at Jleeda tor C\IIIIberJaDd eountr 1n Plan Book 22, Pele 163, containing 85 teet aloog 'Pearl Drift, bavill& a depth &lollS the Weat alOng Lot Ho. 5 at 165 teet. baying · vidth in the real' &lollS the lIorth at 85 teet end bav10g a depth alons the Eaet alollS Lot Ilo. 3 ot 165 teet. IJ,SfJ deecribed eccardillS to a eurt8)' at Ralph Mortoo Grittin. Resietered Surt8)'or. 110, 2~226-E. clatoed J~ 23. 1980. as tollowe: mnlllRDlG at &II iron pin on toile eoutllVeato eide at Pearl Drive (50 toot vide right-ot.....,.) ..t . coruer at Loto 110. 3 ~ the ebove mentioned Plan at Lota; thence eneoding trOlll a&l.d bestnn1ng point aod along Lot 110. 3. Horth 20 degreel !:a.t 165 teet to . pointo; theoce Harth 70 degreee Welt 85 teet to an iron pin at Lot Ilo. 5 at the .bOTe ....1It1oned Plan at Lote; thellce exteodinr; alallS...... South 20 degreee lleat 165 teet'to . point on the aouthve.t aide at Pea.rl Drive, atorelllentianed; thence extendillS along .&me, South 70 degree. Eaet 85 teet too the tir.t mentioned iron p1n &114 plece ot IlEXlIllRlIlG. WOO iioproved vith . wO"'etoll1'7 dvelllog bOW end DUllIbered .. 107 Pearl Drive. UHDER AIlIl SIlIlJE(:'r to all Act.. at Aaeemb~. County &lid 'tovnehip QrdinanceI, riRhte ot Public Utility and Public Service campaniee. ex1etiog reetrict.ione. and eaeemellte 'Y1aib1e or at record to the extent that aQ)' pereon. or entitiee have aequired legal ripta thereto. Joseph K. Mo JAMES H. TAPSCOTT #8488603 VERIFICATION Joseph K. Moss hereby states that he/she is Liquidation Manager of Bank Untied of Texas FSB mortgage servicing agent for plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements mada in the foregoing civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: 7_?i;_QE; . g ~, ..... 00 c:-,~ _J =:t -,) I i I I , , , r. . III ~.I COU.~ or COKMOII 1'LaAI or CUKBIRLaKD COUNTY, PENHSYLVAKIA lAKE UlI~ID or ~IZAI, J'.I I CUKBBIlLUD COVHTY I COURT OJ' COKMOII PLBAB vs. I CIVIL DIVI8IO. I JAIII. B, TA1"COTT I .0. '5-43'0 CIVIL TBRK AJ'nDAVI~ O. 8I1RVIC. PURSUANT TO RULE 3129 COMMO"UL~B or ....8YLVUIA COUJl'l'Y or CUllBIRLaKD >> >> SSI I, FRANK FEDERMAN, ESQUIRE attorney for BANK UNITBD O. TIlZAS. III hereby verify that on .OVBMBIIR 2. 1'95 true and correct copies of the Notice of Sheriff I s Sale were served by certificate of mailing to the recorded lienholder, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant J~E. H. TAPSCOTT by first class mail and certified mail, return receipt reque.ted, on .OVIIMBIIR 2. 19'5, see Exhibit liB" attaohed hereto. Defendant's green certified mail card was signed on HOVDa.. 4. 19'5, see Exhibit "c" attached hereto. ~~~Ll!1QUIRE Attorney for Plaintiff DATEI Februarv 26. 1996 .' ... .1fI.f..tMMinlt~rtl i MAY II UIIO'DA DOMEsne AND INTIRNAnONAL MAil. DOIS NOT ",OVIDI 'OR INSU....HCI-'OSTMASTlll ft.-... ',om: FEDeRMAN AND PHELAN Suite 900 ~,;u Pt:11I1 'tuuer t"la~ PhlladQlphlil, PA 19102 ON piKe of ordinafy fNiI 8dd,..Md to: 'lnWlT/ocx::uPlINT l.U I t'l:O/UUJ UlUVJ:; CARLISU:. PA 17013 EflkQ "_ ~ lA-/.- \:.~7 PS Form 3817. Mlr. 1989 -m cpo I 1993 0 - 151-051 MAY 8E UIIO FOR DOMesne AND INTERNAnONAL MAIL. DOU NOT ....OVIDE FO.. INSUMNCE-POSTMASTIR Recefnd 'tom: AffiIll.._I.II._ FEOERM4M4~DPNiLAN Suilo 900 T'IJG PeAR Oarll!!, P;ct4U PhiladQ!phia, PA 19102 ~ikD: One pe.c. of orcUn.ry mttl IddttlHd to: "'-. PENNSYLVA.>rn\ POOER AND LIGHT en. ItlU 1. W<lJUK\\UJD S'J.'1<tJ:,...!" J.mRRT~J:U'mr::. PA 17104 1( tt PS Form 3817, Mlr, 1989 CPO I 1993 0 - 151-051 .. PETURtl RECEIPT SEI1V1CE POSTMARK OR DATI Pt;.s~ ~if. :-;t~;X:~~ ~-.::/ ~':~:'~~Zf.C ':ERnlf:oru . PE'I.-'lll, A'i:CEIIT / SENT TO: t:)lAt..PC'"jTAGE ""-C 'Ell , , NOT '0" lffnIlNAr:ONAL MAIL l" ~ .Jl I\l IT" ::r .Jl .... IT" Q. .:r;y.rE'S it. W'X.orr' 1')7 ;>1:.!\R!:. jk.'Vr:. C\.(~r.%~, ".... 17~13 "t.:": ~~~ ;}::. PS FORM 3800 RECEIPT FOR CERTIFIED MAIL fr I ~Q - ''Re :-rapseott --- _no".... 1IIn,........ 12 ~oI ~.. ...II! ...0 o!j a.! 12j:! : II! ~l!l ~~ ~~ i .... M :- (1; - '-: "" I- e.; :5...,. (~.., l'5-' .. )~, c . :r: ,.J~~ ft~:' 'or c... :~~j ~( ....... O"l :>(~" ,. :~1t--~ c" EC~ ' C'r': :;)(,J I' to. i; ~ u... .. L&.. Lt. \.n :.:i c t;,.', (.) .. . '. . . STATE OF PENNSYLVANIA, COUNlY OF CUMBERLAND } 55. I, _________~pp_~r~.~_~J_eJ&!~F__.___.________________.__________________________Recorderol Deeds In and for said Counly and Slale do hereb)" certify Ihat Ihe Sherifr. Deed In whlclt ________________ Secretary of Veterans Affairs ____.______________________.______..__.______________.________._______________._..._ b Ihegranlee Ihe same having b.... sold 10 said granlee on Ihe it________n________n___________._____._______ day of ______':!~:_c:.~__n.n______n_._n____n__ A, D,. 19J_~.nn' under and by virtue of a wrll____n____n__ _____~~~:_~~~.?_':_______ __n_ ___ 00__. 00 00_ __ _. _ _ _ wued on Ihe _ n. __ ___~QE.!!.. _00_00_ __ n_n. ____ ___ day of ___D.c.tOWu:.__n__________ A, D,. 19__95._. oul of Ihe Court of Cornman PI... of said Counly as of Civil 95 ______________________________.. 00_ ___00__ ___00 __ __n ___ __.n 00 ___n_ __ _ _ ____ ____. Tenn, 19____00_ Number ---439G------. allhe .ui! of .1!!!'_~.~Ll!r:!!E_e_<!_pL'!:~:<.'!.~_fllJL_______n_____._________.___ , James H Tapscott ' ___________________________________aga.nsl__._________._.____________.._______________________ d duly recorded In Sherifr. Deed Book No. ~~!nn_n__. PagE~___.___.__, IN TESTIMONY WHEREOF, I bave hereunlo , IS- .tI... sel my hand and seal of sald office Ihd n_________ day of -------/~:{1-1:--- ~ t:-.-2~-- ___J____________~~~~~~ NOTARIAL SEAL RECOROER or OEEDS, NOTARY PUBliC CARliSLE, CUMBERlANO CCUNTY COURI HOUSE MY COMMISSION EXPIRES JANUARY I. 1998 . ...} Bank of United of Texas FSB vs James H. Tapscott Writ No. 95-4390 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 5, 1996 at 1151 o'clock P.M., E.S.T., he posted the property of James H. Tapscott at 107 Pearl Drive, Carlisle, Cumberland County, Pennsylvania with a copy of Real Estate Writ Notice Poster and Description according to law. Philip Baughman, Deputy Sheriff, who being duly sworn according to law, says on November 22, 1995 at 10100 o'clock A.M., E.S.T., he served true copies of Real Estate Writ, Notice and Description in the above entitled action upon the within named defendant, to witl James H. Tapscott by making known unto Shelia Tapscott Wife of James H. Tapscott at 107 Pearl Drive, Carlisle, Cumberland County Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. Audrey G. Adams, Deputy Sheriff, who being duly sworn according to law, says on January 30, 1996 at 3120 o'clock P.M., E.S.T., he s served true copy of Real Estate Poster in the above entitled action upon the within named defendant, to witl James H. Tapscott by making known unto James H. Tapscott at Cumberland County Sheriff's Office, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice Poster and Description in the following manner I The Sheriff mailed the within named defendant, to witl James H. Tapscott a notice of the pendency of the action by regular mail to his last known address at 107 Pearl Drive, Carlisle, Pennsylvania 17013. This letter was mailed under the date of January 30, 1996 and was never returned to the Sheriff's Office. R. Thomas Kline, Sheriff who being duly sworn according to law, says that after due and legal notice had been given according to law exposed the wtihin described premises at public venue or outcry at the Court House, Carlisle. Cumberland County, Pennsylvania on March 6, 1996 at 10100 o'clock A.M., E.S.T., and sold the same for the sum of $1.00 to Atty Kasyer for Attorney Frank Federman for Secretary of Veterans Affairs an Officer of the United States of America. Its successors and Assigns at VA Regional Office and Insurance Center P.O. Box 8079 Philadelphia, Pa. 19101. It being highest bid and the best price received for the best price received of Veterans Affairs an Office of the United States of America, Its successors and assigns, being the buyer in this Execution paid Sheriff R. Thomas Kline the sum of $$752.86. it being bid price poundage stamps etc. Sheriff's Costs listed below. See attached distribution sheet for additional costs. I i I i Sheriff's COstSI Docketing Poundage Pos ting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage 30.00 14.76 15.00 15.00 30.00 10.00 .50 1.00 5,60 K.-." :;11:'''' .,0 . I .,.;} r., 1.1' I J.. 30 -....;. " ;1EAL ESlATE Sf1LE No: . 1IJlFtPnm~ On T1.c-V /./99S' the sheriff levied upon the defendan','1 Interest In the real property situated in 2].J..iL )'Y.J.<.-.LQ.Q.i!Jn.. .Jwr' Cumberland County 0 Pa., known and numbered as: LO 1 ~ jU., C~;.A L- ,;:1nd rnQ:e full\' c1escribed on Exhibit" A" flied with this writ ana by this reference IncOiporated herein. Oste: 11~/-P.5 BY:~~;!.L-~;:i , ". -.1 rr "~ CT (J , "H lOll , ;JJ : .;;;.;0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNn' OF CUMBERLAND) NO. 95-4390 CIVIL19_ CIVIL ACTION. LAW TO THE SHERIFF OF CUMBERLAND COUNn': To satisfy fhe debt, Interest and costs due B/:lnk Un i ted 0 f Texl:ls, FSB PLAINTIFF(S) from Jl:lmes H. Tl:lpscott, 107 Pel:lrl Dr., Cl:lrlisle PA 17013 DEFENDANT(S) (1) You are directed to levy upon fhe property offhe delendant(s) and fo sell Rel:ll es tl:l tel:l t 107 Pel:lrl Drive, Cl:lrlisle PA 17013. See Attached Leg/:l1 Description. (2) You are also directed to allach the property of the defendant(s) not levied upon In the possession of GARNISHEE(S) as foliows: and to notUy fhe garnlshee(s) thaI: (a) an allachment has been Issued: (b) the garnlshee(s) Is/are enjoined from paying any debt to or for the account offhe defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) II propertyoffhedefendant(s) not levied upon an subject to allachmentls found In the possession of anyone other than a named garnishee, you are directed to nolify him/her that he/she has been added as a garnishee and Is enjoined as above stated. A to $135,264.49 moun ue from 10/27/95 @ $19.11/diem Interest L.L. $.50 $1.00 Ally's Comm Ally Paid Plalntfff Paid Due Prothy Other Costs % $94.50 Date: October 30, 1995 Depuly Ll:lwrence by: REQUESTING PARn': Name Fr/:lnk Federml:ln, Esquire Address: Two Penn Center Pll:lzl:I, Ste. 900 Phill:ldelphil:l PA 19102 Allomey for: Pll:lintiff Telephone: ( 215) 563-7000 Supreme Court 10 No. ORDER OF CCXJRT A/II) tOl, pursuant to Pa. Rule of Civil Procedure J12J.llb), a hearing is set for in Court Roan I'CJ. C\.ItberJald County Courthouse, carlisle, Pennsylvania. The Sheriff of ClJrtlerland County shall notify the parties of the tiIre and place for the hearing, By the Court, J. ... Proof of Publication of Notite in The Patriot and The Evening News and The Sunday Patriot-News UDd.. Aot Ifo, liar, A~pro..d ala, Ill, ._, Commonwealtll 0/ Pennaylvnnia. } COlmtll 0/ Dauphin ..: .................,............,MJ.I<.h/U:.J....H.9.x:j;.9.w,........................belnll' duly sworn according to law. deposes and says: Asst. Controller That he is the ....................,......,of THE PATRIOT - NEWS CO.. a corporation organized and existlnl under the laws of the Commonwealth of Penns)'lvsnla. with its principal office and place of busIness at 812 to 818 Market Street. In the City of Harri.burg, COllnty of Dauphin. State of Pennsylvania. owner and publisher of THE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT-NEWS newspapers of reneral circulation, printed and published at 812 to 818 Market Street. In the City, County and State aforesaid; that THE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT. NEWS were established March 4th, 1854. and February 15th. 1917 and September 18th, 1049. respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto Is exactly sa printed and Metro West 23rd and 30th days published In their rellllar .tdltlons and ISSU88 which appeared on the ..............,..........,....,....,...................... of January and the 6th day of February 1996. ........................................................................................................................................................................................ That neither he nor said Company Is Interested In the subject matter of said printed notice or adver. tlslnll', and that all of the allegations of this statement sa 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 resolu- tion unanImously passed and adopted severally by the stOCkhfffid s and board of directors of the said Company and SUbsequently duly re.:orded In the office for the R 0 I II' of eeds In and for said County of Dauphin In MllICen.neou, Book "M". Volume..., P.Ke 317, 1 Cop)' of Notice or Publication ....................................... ... n, .. ... .... ......... .............................. S ' 'i 27th d f IIAL ISTAlI WI..... WI. . .............. 8Y 0 WrllNo._ChlT_ Febru ry Nb/il6hfse~l, . ~L - .",..... of T_IlI..........., ..,. An,,ij'L. RUMen, No '/,1~-C-1 .. Harrisbtlfgl~ :11:;.;........ .............. _II.T", My Commission ExpI,eaJuno6, 1 Notary Public Mr.--- ""OO1d_ A1L1llAT curAllt _ of........ "_1M- My ll\9ftIMMll_t'l'tM>@!i..........................................., .....J..... ....... ertdId ...... In _ T-.r,. (. , ....1lI '-.- ........ ...... ... - . - _;~~NL'of~_ ..._10 OfIkeof_oI : _lot '-Io~_n. 10. u .... ... '-I Drho. ~ :::...... .. w.. ... 101 NL S of . ,,,............. _10" _..... _ofU.................... ..... ......101 NL Sof I""'" AUO__.............. ......__U..NLSUI.......... "",n.I"'._ _........pin....- " .a ,.... ..... 0..' 'I. _....., . ...... Statement of Advertising Costs 9.!:1.I)))?~.F..+.!M!g...C;;!?!:1.!'!,t.y,..e!!,~!.~,g.~".Qg~,g.~, ca,!:,~~,~,~!;,!,......~!.':,:,.....~,?P},~......,.........,..,.......,.., To THE PATRIOT.NEWS CO,. Dr, For publishing the notice or publication attached hereto on the 324.00 above stated dates . $..,....,....,.......,..,.... 1.00 Probating same $.......''!:rs';.l!'U.... Total $............................ Publisher's Receipt for Advertising Costs THE PATRIOT-NEWS CO" publisher of TilE PATRIOT and THE EVENING NEWS and the SUNDAY PATRIOT-NEWS. newspapers of general circulation, hereby acknowledge receIpt of the aforesaid notice and publication costs and certifies that the same have been duly paid, TilE PATRIOT.NEWS CO. Ry ..................................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LA W JOURNAL (Under Act No, 5117. upproved Muy 16, 1929), p, L,17114 STATEOFPENNSYLVANIA : 55, COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberlund Law Journal. of the County and Slllte 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 Slllte aforesaid. was eSlllblished January 2. 1952. and designated by the local courts u.~ 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 dutes, viz: JANUARY 26. 1995. FEBRUARY 2. 9. 1996 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal. a legal periodical of geneml 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 churucter of publication are true. MAL UTATB IIA1& 1'10, a /-j~?) )l/l Roger M. Morgenthal, Editor Writ No. 95.4390 Civil Bank ofUnlted of Texas. FSB va. James H, Tapscott Atty.: Frank Fedennan ALL 1lIAT CERTAIN tract of land with the Improvements thereon erected situate In North Mlddlelon Townshlp. CWnberland County. PelUl' sylvania, bounded and described as fall""",: BEINO Lot No.4 on Plan No.6 or Noll Manor as recorded In the Office of Recorder or Deeds for Cumberland County In Plan Book 22, /'nge 163. containing 85 feet along Pearl DrI,"", havtng depth along the West along Lot No, 5 of 165 feet. having a width In the rear along the North of 85 feet and havtng a depth along the East SWORN TO AND SUBSCRIBED before me this ~P:~:;;~7L Notary HOINlIoll. SEAL ~EI1'.ENE IWIHEVKA, Ncurt PIbIc c.<\,..~CO"'1 p~ III~EIIlitt'_ . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LA W JOURNAL (Under Act No, SK7. approved May 16, 1929). p, L,I7K4 STATEOFPENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M, Morgenthal, Esquire, Editor of the Cumberland Law Journal. of the County and Stute aforesaid, being duly sworn. according tlllaw, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and Stute aforesaid, wus estublished 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 us was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 26.1995. FEBRUARY 2. 9.1996 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of generol circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement. and that all allegations in the foregoing stutemenL~ us to time. place and churucter of publication are true, R&AL BlITATB IIA1& 110. 8 Wril No. 95.4390 Civil Bank 01 United olTexas. F5B VB. James H. Tapscott Alty.: Frank Federman ALL 1lfAT CERTAIN Imcl 01 land with the Improvements thereon e",cted sUuate In North Middleton Township, CUmberland County, Penn. sylvonJo, bounded and described os lollows: BEING Lot No.4 on Plan No.6 01 Noll Manor as ",corded In the Office olRecorder 01 Deeds lor Cumberland County In Pion Book 22. Page 163. contaIning 85 leelalong Pearl Drive. having depth along the West along LoI No.5 01 165 leel, having a wldU, In the "'or along the North 0185 leel and haVIng a depth along the Easl sIong LoI No. :I 01 165 reeL ALSO described according 10 a survey 01 Ralph Morton Griffin. R.5.. No. 24226.E. doted July 23. 1980. a. lollows: BEGINNING 01 on Iron pin on Ihe southwest side 01 Pearl Drive (50 loot wtde right 01 wny) at a corner 01 Lot '1 No.3 01 U,e above mentioned Plan 01 Lots: thence extending Irom .old be. I ginnIng polnl and oIong Lot No.3. North 20 degrees Easl t 65 leello a point: thence North 70 degrees Weal 85 leello on Iron pin 01 Lot No.5 01 the above mentioned Pion 01 Lots: . "'"" _".., - - _0, J 20 degrees West 165 leel 10 a point on Ihe southwest81de 01 Pearl Ori"". n(oremenUoned: Ulcoce extending along 8I1me. SouU, 70 degrees East Hfi rc,." In lhr Ontl mrnllurwcllroll pin IIIl1l plnn' III hc.tl,IIIIlIIIJt. ImiNO Impruvt'tl wtth n tW(Hltnr\' (h~','llIn~ knuwn u'" 107 I....urt l>rt\'t:. Cnrll~lt.. Pi\. TA.X p^nc~:I. No. :ZO.IUIOU.1-B!t. 1111.1': 1l'> SAID prcl1ll~H I~ "t"M1rd 111.Jallw~ II, Tnp",rllll. Hln~lr.l)y Iknl 'wm (?arl M. nhJm"I1~l:"r ilnd .Jalll~ I.. (jlo~rllf.tt''r, hll!'thilmlllncl wtrr. clalrd to/I/n:, In Urnt hook 0-:\1; IlilJ.::I' :In. SEIZED III rXt'('ullnn and If) h(' ~J!d U!'l till:" "flIll('rlY of .Jallll"!'l II. Tilll~('l111. '/-)0)}L , " . Roger M, Morgentha1, EdItor SWORN TO AND SUBSCRIBED before me this 09 day of FEBRUARY , 1996 NOIARIALSF.AI. MERtENE IIARIIEVKJ, Ncwy NlIic c.,~,...CUlltoIllndCO"'; PI. My tommilIlon E",," 'WI .\ '. , . . ., IIUJt VHITED 01' TEXAS, FSB I CUMBERLAND COO!l'l'Y I COURT O~ COMMON PLBAS I CIVJ:L DIVISION vs. I JaMBS H. TAPSCOTT I NO. 95-43'0 CIVIL TERM ArFIDAVIT PURSUANT TO RULE 3129 fArridavi~ No. 1\ BANK UNITZD O~ TBXAS. ~SB, Plaintifr in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 107 PEARL DRIVE. CARLISLB. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): .tlAHI LAST KNOWN ADDRESS (if address cannot be reasonably ascerta.ined, please so indicate) J~ES B. TAPSCOTT 107 PEARL STREET 2. Name and address of Defendant(s) in the judgment: .tlAHI LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAMB AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: .tlAHI LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) PENNSYLVANIA POWER , LIGHT COMPANY 1801 BROOKWOOD STREET HARRISBURG. PA 17104 4. Name and address of the last recorded holder of every mortgage of record: .tlAHI LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE .- 5. Name and address of every other person who has any record lien on the property: DHI LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) Ron 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: IWm LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) Ron 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: IWm LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TIDIMf'1' IOCCUPAH'! 107 PEARL DRIVE C~LrSLB. PA 17013 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. OCTOBER 26. 19'5 DATE 1tank <kdwYum FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff a.ORB and subscribed befcre .e this ____ day of . NOTARY PUBLXC . ~ BAKE UNITBD OF TBXAS, J'SB I I CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. I CIVIL DIVISION NO. '5-4390 CIVIL TERM JAKES K. TAPSCOTT I NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OCTOBER 26, 1995 TOI JAKES K. TAPSCOTT 107 PEARL DRIVE CARLISLB, PA 17013 HIS NOTICE IS SENT TO YOU IN ~ ATTEMPT TO COLLECT A DEBT AND ANY INJ'ORKATJ:ON OBTAINED FROM YOU WJ:LL BB USED FOR THAT PURPOSB. Your house (real estate) at 107 PBARL DRIVB. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on .adnaadav. MARCH 6. 1996 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 8135.264.49 obtained by BANK UNITED OF TEXAS. FSB (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's sale, you must take i_adiate aClt:ion: 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: 1215\ 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 KAY STILL BB ABLE TO SAVE YOUR PROPERTY ~ YOU HAVB OTHER RIGHTS IIVBIf II' THB SBERII'I"S SALE DOES TAKE PLACE. 1. be sold calling If the Sheritf's Sale to the highest bidder. (215\ 563-7000. is not stopped, your property will You may tind out the price bid by 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 tull amount due in the sale. To find out it this has happened, you may call (215) 563-7000. 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 on A12<1, J .~ J ~'lt. . 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 {J'l~1 I ."1 /'i1/'. , 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SBOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II' YOU DO NOT HAVE A LAWYER OR C~OT AFFORD ONE, GO TO OR TELEPHONE THE OFI'ICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL BELP. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th floor cumberland County Courthouse (717) 240-6200 . .-..... ""- ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton Township, cumberland county, pennsylvania, bounded and descri~ed as follows: BEING Lot No. 4 on Plan No. 6 of Noll Manor as recorded in the Office of Recorder of Deeds for cumberland county in Plan Book 22, Page 163, containing 85 feet along Pearl Drive, having depth along the West along Lot No. 5 of 165 f~et, having a width in the rear along the North of 85 feet and having a depth along the East along Lot No. 3 of 165 feet. ALSO descri~ed according to a survey of Ralph Morton Griffin, R.S., No. 24226-E, dated July 23, 1980, as follows: BEGINNING at an iron pin on the southwest side of Pearl Drive (50 foot wide right of way) at a corner of Lot No.3 of the above mentioned Plan of Lots; thence extending from said beginning point and along Lot No. 3, North 20 degrees East 165 feet to a point; thence North 70 degrees West 85 feet to an iron pin at Lot No. 5 of the a~ove mentioned Plan of Lots; thence extending along same south 20 degrees West 165 feet to a point on the southwest side of Pearl Drive, aforementioned; thence extending along same, South 70 degrees East 85 feet to the first mentioned iron pin and place of beginning. BEING improved with a two-story dwelling known as 107 Pearl Drive, Carlisle, PA. TAX PARCEL No.29-161094-69 TITLE TO SAID premises is vested in James H. Tapscott, single, ~y Deed from Carl M. Glosenger and Janis L. Glosenger, husband and wife, dated 10/1/93 in Deed Book 0-36 page 372. SEIZED in execution and to be sold as the property of James H. Tapscott. '. ~ IN nit COORT OF' CCMoON PLEAS OF' CUM8E~ COUNl"i, PENNSYLVANIA WRIT 00, CIVIL 19 WRIT OF' EXEctJI'ICN r-orI CE nus paper is a Writ of ExeC'.Juon. It has been lSSUed because there is a judgnent against you. It may cause your property to be held or taken to pay the judgnent. You may have legal rights to prevent your property fran being taken. A lawyer can advise you rrore specifically of these rights, If you wish to exercise your rights, you !lUst act prarptly, nJe law provides tr.at certain property cannot be taken. Such property is said to be exellpt. There is a debtor's exe:rption of 5300, There are other exerrptions Ioihich may be applicable to you. Attached is a SUTmar'1 of sene of the major exerrptions. You may have other exe:rptlons or other rights, If you have an exe:rption, you should do the following prarptly: (1) fill out the attached claim fom and demand for a proopt hearing, (2) Deliver the fom or mail it to the Sheriff's Office at the address noted, You should cane to court ready to explain your exellption. If you do not cane to court and prove your exerrption, you may lose sene of your property, YOU SHOUID TAKE nus PAPER TO YOUR LAWYER AT OI'CE. IF 't'OU 00 rot' HAVE A LAWYER OR CM<<]l' AFFORD ONE, GO TO OR TEI..EPHCM: nit OITICE SET FORni BE:I.Ool TO F'IND 0l.1l' WHERE YOU CAN GET LEGAL HELP. Court Admini.s t..'"a tor 4th floor Curber1anc:l County Court House Carlisle, Pennsylvania 17013 Area Code 717 - 240-6200 . MAJOR EXEMPTIONS llNDER PEN/SYLVANIA AND F11>ERAL LAW 1. 5300 statutory exemption 2. Bibles, school books, sewing lMchi.nes. uniforns and equiprent 3. Most wages and unemployrrent c:atpel'\sation 4. Social Security benefits S. Certain retirerrent funds and accounts 6, Certain veteran and aJ:TIEd forces benefits 7. Certain insurance proceeds 8. Such other exenptions as lMY be provided by law \ IN THE COORT OF ~ PLEAS OF CU1BERLAND COUNl'Y, PnlNSYLVANIA WRIT t-O. CIVIL 19 Cu.1M FOR EXEMPI'IaI To the Sheriff I I, the above MIIIld defendant, claim exefltJtion of property fran levy, or attaclm!nt: 1. Fran my personal property in my possession which has been levied upon, a) I desire that my 5300 statutory exenption be c=l (i) set aside in kind (specify property to be set aside in kind) I c:::i ( ii) paid in cash following the sale of the property levied upon: or b) I claim the following exenpUon (specify property and basis of exenption II 2. Fran my property which is l.n the posession of a thi.....-cI par':)', I claim the following exenptions I al my 5300 statutory exenptionll I III cash: C:J in ldnd (specify property), b) Social Security benefits on deposit in the arrount of S 'r ~ c) other (specify lIIl'Ount and basis of exenptionl I request a prarpt court hearing to determine the exenption. ~tice of the hearing should be given to lTW! at Address Telephone Nurbe.r I verify that the staterrents made in this Claim for Ex.erllltion are true and cor.rect. I understand that false staterrents herein are lMde subject to the penAlties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date I nits CLAIM 'IO BE FILED WITH THE OFFICE OF THE SHERIFF OF ctMlERLlIND CXXJNl'l( s C\JofBERLAND COUNIY OJURI'HOUSE CARLISLE. PENNSYLVANIA 17013 (717) 249-1133 . \ SALE NO. 3 ~l.nnnann Advance Costs Pd. Atty.. Frank Federman Allelled Valuation $9,950.00 WRIT NO. 95-4390 Civil Term, 199 Bank of United of Texas, FSB ,~ vs James H. Tapscott 107 Pearl Drive Carlisle, Pa. REAL DEBT INTEREST ATTY'S COMM. WRIT COSTS, ATTY. WRIT COSTS, PLIFF ESCROW LATE CHARGES 135,264.49 2,522.52 94.50 SHERI FF' S COSTS I DOCKETING POUNDAGE POSTING BILLS ADVERTISING ACKNOWLEDGING DEED AUCTIONEER LAW LIBRARY COUNTY MILEAGE MONEY MADE WRIT CERT MAIL POSTPONE SALE LEVY SURCHARGE Distribution of proceeds 30.00 14.76 15.00 15.00 30.00 10.00 .50 1.00 5.60 3.37 15.00 4.00 25.00 , I J 1 Legal Search ADVERTISING LAW JOURNAL PATRIOT SHARE OF BILLS DEEDS 215.00 325.00 30.63 Sheriff's Deed 13.00 Federal Stamps Pa. Realty Transfer Twp Realty Transfer TAXES