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Home My WebLink About02-4495Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5004528112 PNC BANK, N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, VS. VICKI A. HECKENDORN 67 BIG SPRING AVE. NEWVILLE, PA 17241 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. O2 _U5(9S COMPLAINT - CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5004528112 PNC BANK, N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, vs. VICKI A. HECKENDORN 67 BIG SPRING AVE. NEWVILLE, PA 17241 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is PNC BANK, N.A., with its principal place of business located at 9451 CORBIN AVE. NORTHRIDGE, CA. 91324. The names and last known addresses of the Defendants are: VICKI A. HECKENDORN, 67 BIG SPRING AVE. NEWVILLE, PA 17241. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about MARCH 24, 1994, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC BANK, N.A., which Mortgage is recorded as follows: DATE OF MORTGAGE: MARCH 24, 1994 DATE RECORDED: APRIL 5, 1994 BOOK: 1204 PAGE: 1089 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). 5. On or about MARCH 24, 1994, in consideration of their indebtedness to PNC BANK, N.A., VICKI A. HECKENDORN made, executed and delivered to PNC BANK, N.A. their promissory Note in the original principal amount of $66,500.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee. The Mortgage is secured by property located at 67 BIG SPRING AVE. NEWVILLE, PA 17241. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due APRIL 1, 2002 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance $57,086.82 6.25% interest from MARCH 1, 2002 to SEPTEMBER 5, 2002 at $9.78 per day $1,251.84 Accrued Late Charges $102.35 Other Fees $115.40 BAD CHECK FEES $7.40 Attorney's Fees $2,829.50 TOTAL AMOUNT DUE $61.393.31 Interest continues to accrue at the per diem rate of $9.78 for every day after SEPTEMBER 5, 2002 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, 2 Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. § 1680.403(c), notice was sent to Defendants, dated JUNE 7, 2002. Copies of the notices to the defendants are attached as Exhibit "A". Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "B" WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after SEPTEMBER 5, 2002 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. DATE: r7 v BONNIE DAHL, ESQUIRE VERIFICATION I, BONNIE L. DAHL, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of WASHINGTON MUTUAL BANK, FA SUCCESSOR TO WASHINGTON MUTUAL HOME LOANS, INC. FORMERLY KNOWN AS PNC MORTGAGE CORPORATION OF AMERICA, ATTORNEY IN FACT FOR PNC BANK, NA. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. DATE: p 1101d BONNIE L. DAHL Attorney for Plaintiff Exhibit "A " Washington Mutual 7104 5400 2100 0456 1949 June 07, 2002 '0001438024` Vicki A. Heckendom 67 Big Spring Avenue Newville, PA 17241 P.O Box 1039 Northridge, CA 91328.1093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. 717-780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en so casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible Para an prestamo par el programa Ilamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar so casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : Vicki A. Heckendom PROPERTY ADDRESS: 67 Big Spring Avenue Newville, PA 17241 LOAN ACCOUNT NUMBER: 5004528112 CURRENT Washington Mutual You may be eli ible for financial assistance which can save our home from foreclosure and hel You make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance : if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meetine must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE Page two 5004528112 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date)NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 67 Big Spring Avenue Newville PA 17241 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due : (a) Monthly payments from 04/01/2002: $2,108.55 (b) Late charge(s) : $40.94 (c) Other charge(s): NSF & Advances $15.00 (d) Less: Credit Balance $.00 (e) Total amount required as of 06/06/2002: $2,164.49 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,164.49, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP NO 10201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5004528112 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON- . The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If You cure the default within the THIRTY (30)DAY period you will not be required to pay attorneys' fees OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Washington Mutual Address: COLLECTION SUPPORT MAIL STOP NO 10201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 Telephone 800-282-4840 Number: EFFECT OF SHERIFF'S SALE- You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 5004528112 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writine at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. Exhibit "B" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT the Act 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter. 3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter evidenced by the copy of the mortgage note attached hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter is not the original creditor, and if the debtor makes a written request to the creditor's law firm Within the thirty days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. Pit b 0 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04495 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS HECKENDORN VICKI A VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HECKENDORN VI the DEFENDANT , at 1045:00 HOURS, on the 23rd day of September, 2002 at 67 BIG SPRING AVENUE NEWVILLE, PA 17241 by handing to VICKI A HECKENDORN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this I G% day of Oe.Ea, , 02 &a-z A. D. rothonotary So Answers: Thomas K1 09/24/2002 SPEAR & HOFFMAN By. Deputy Sherif IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, vs. Plaintiff . VICKI HECKENDORN 67 BIG SPRING AVE. NEWVILLE, PA 17241, Defendant 02-4495 DEF'ENDANT'S PRELIMINARY OBJECTIONS Plaintiff's and their attorneys, Bonnie Dahl have not complied with the Pennsylvania Rules of Civil Procedure, namely Rule 1024 relating to a signed VERIFICATION. 2. Rather than have his client properly sign the verification, Attorney Bonnie Dahl has attempted to escape the requirements of Rule 1024 by signing the verification herself. Attorney Bonnie Dahl should have had an agent of the mortgage company properly sign the verification, rather than signing the verification herself. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint for failure to comply with Pennsylvania' s pleading requirements. In the alternative, Defendant request that this Honorable Court direct Plaintiff to amend its Complaint to conform to Rule 1024, and to serve a copy upon Defendants' attorney, Vicki Piontek, Esquire, P.O. Box 173, Mechanicsburg, PA 17055. U L,--ZZ?2- 1 L?,L, , Vicki Piontek, Esquire Date Attorney for Defendant P.O. Box 173 Mechanicsburg, PA 17055 717-5714394 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, vs. Plaintiff . VICKI HECKENDORN 67 BIG SPRING AVE. NEWVILLE, PA 17241, Defendant 02-4495 CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendant, and that on the 8th day of November, 2002, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached PRELIMINARY OBJECTIONS on Plaintiffs attorney at the following address: Spear and Hoffman, P.A. Bonnie L. Dahl, Esquire 1020 North Kings Highway, Suite 210 Cherry Hill, NJ 08034 ? ), or-? 0 ? ? lf? ?0 --) -- Vicki Piontek, Esquire Date Attorney for Defendant Bar ID NO. 83559 P.O. Box 173 Mechanicsburg, PA 17055 717-571-4394 c, ? ;-, c? rte, -„ ?. 2? iJ: ._? j .... ' .? .!? /. T , .. i( , = = Ji yC. ? '.i(t"i .? ? ??:'?I ::J „ "°,,? Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. :5004528112 PNC BANK, N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, vs. VICKI A. HECKENDORN 67 BIG SPRING AVE. NEWVILLE, PA 17241 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4495 AMENDED COMPLAINT PURSUANT TO PRELIMINARY OBJECTIONS - CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association. 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5004528112 PNC BANK, N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, VS. VICKI A. HECKENDORN 67 BIG SPRING AVE. NEWVILLE, PA 17241 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-4495 AMENDED COMPLAINT PURSUANT TO PRELIMINARY OBJECTIONS - CIVIL ACTION 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: BONNIE DAHL, ESQUIRE Attorney I.D. No. 79294 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. 5004528112 PNC BANK, N.A. 9451 CORBIN AVE. NORTHRIDGE, CA. 91324 PLAINTIFF, VS. VICKI A. HECKENDORN 67 BIG SPRING AVE. NEWVILLE, PA 17241 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 02-44-95 AMENDED COMPLAINT PURSUANT TO PRELIMINARY OBJECTIONS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is PNC BANK, N.A., with its principal place of business located at 9451 CORBIN AVE. NORTHRIDGE, CA. 91324. 2. The names and last known addresses of the Defendants are: VICKI A. HECKENDORN, 67 BIG SPRING AVE. NEWVILLE, PA 17241. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about MARCH 24, 1994, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to PNC BANK, N.A., which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: MARCH 24, 1994 DATE RECORDED: APRIL 5, 1994 BOOK: 1204 PAGE: 1089 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). On or about MARCH 24, 1994, in consideration of their indebtedness to PNC BANK, N.A., VICKI A. HECKENDORN made, executed and delivered to PNC BANK, N.A. their promissory Note in the original principal amount of $66,500.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee. 7. The Mortgage is secured by property located at 67 BIG SPRING AVE. NEWVILLE, PA 17241. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due A13RIL 1, 2002 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance $57,086.82 6.25% interest from MARCH 1, 2002 to SEPTEMBER 5, 2002 at $9.78 per day $1,251.84 Accrued Late Charges $102.35 Other Fees BAD CHECK FEES $115.40 $7.40 Attorney's Fees $2,829.50 TOTAL AMOUNT DUE J693.31 Interest continues to accrue at the per diem rate of $9.78 for every day after SEPTEMBER 5, 2002 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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. 2 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated JUNE 7, 2002. Copies of the notices to the defendants are attached as Exhibit "A". Defendants have failed to meet with the plaintiff or any of the consurner credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest accruing after SEPTEMBER 5, 2002 to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMA.N, P.A. DATE: ------ 103 BONNIE DAHL, ESQUIRE 3 VERIFICATION The undersigned hereby states that he/she is an authorized off=icer, representative or agent for Plaintiff in this action and that he/she is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of his/her knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: I 't 2 Washington Mutual 13ank, FA, successor to Washington Mutual Home Loa 'Inc., formerly known as PNC MortRge Corp. America attorney in fact for PNC Name: CASSAN INOWE Company: Title:Vice Preside Loan # ?` ?a? i?' ?,?n Exhibit "A" Washington Mutual 7104 5400 2100 0456 1949 June 07, 2002 "0001438024" Vicki A. Heckendorn 67 Big Spring Avenue Newville, PA 17241 P.0 Box 1039 Northridge, CA 91328-1093 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSICTRE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save; your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the counseling agency. The name address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuer viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowners' ]Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : Vicki A. Heckendom PROPERTY ADDRESS: 67 Big Spring Avenue Newville, PA 17241 LOAN ACCOUNT NUMBER: 5004528112 CURRENT Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance : if your default has been caused by circumstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSIS'T'ANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. ?age two 5004528112 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting; with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action: against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency . Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it u to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 67 Big Spring Avenue Newville, PA 17241 IS SERIOUSLY IN DEFAULT because : A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due : (a) Monthly payments from 04/01/2002: $2,108.55 (b) Late charge(s) : $40.94 (c) Other charge(s): NSF & Advances $15.00 (d) Less: Credit Balance $.00 (e) Total amount required as of 06/06/2002: $2,164.49 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $2,164.49, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201,9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. 'age three 5004528112 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON- . The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Washington Mutual Address: COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324 Telephone 800-282-4840 Number: EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institution to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Page four 5004528112 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any infonnation that we receive may be used for that purpose. Exhibit "B" NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, the Act 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The amount of the debt is stated in the attached letter. 3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the letter evidenced by the copy of the mortgage note attached hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the receipt of this notice, disputes in writing the validity of the debt or some portion. thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the attached letter is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND . -COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should be addressed to Spear & Hoffman, P.A., at 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. C) C ' t ' =• -., .; rl r` r-j ?._.5 l.-.J 4 W '? ;S 11-'A L ?t PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire, Id. No. 32227 Francis S. Hallinan, Esquire, Id. No. 62695 Daniel Schmieg, Esquire, Id. No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PNC Bank, N.A. COURT OF COMMON PLEAS Cumberland COUNTY VS. : CIVIL ACTION Vicki A. Heckendorn To the Prothonotary: No. 2002-04495 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, PNC Bank, N.A., in the above captioned action. Date: y! ") 9- Os PH LAN & C M LLP By: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL SCHMIEG, ESQUIRE f+3 CJ ?I ?" _`- T G] T, 3 ` W Y ... U,r`: =i , , ? -?_, CIl ;1? v PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire, Id. No. 32227 Francis S. Hallinan, Esquire, Id. No. 62695 Daniel Schmieg, Esquire, Id. No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PNC Bank, N.A. COURT OF COMMON PLEAS Cumberland COUNTY vs. Vicki A. Heckendom CIVIL ACTION NO. 2002-04495 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance was sent via first class mail, postage prepaid, to the following on the date indicated below: Vicki A. Heckendorn 67 Big Spring Avenue Newville, PA 17241 ? P E LIN SC iEG, LLP Date: ? 2/9" /?" By: ' LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL SCHMIEG, ESQUIRE ?? O ?' ? ? T !?l ?? i:. '. 1.,. -5=7-. ? -?'? ?r, ±p.. sa PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No.: 81760 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 PNC Bank, N.A. Plaintiff, vs. Vicki A. Heckendorn Defendant Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division No. 02-4495 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiff's Amended Civil Action Complaint in Mortgage Foreclosure was served by regular and certified mail on the following on the date listed below: Vicki Piontek, Esquire Piontek Law Office 24 Governor Road Hershey, P 1 033 DATE: Vicki A. Heckendom 67 Big Spring Avenue Newville, PA 17241 - v Sheetal R. Shah-Jani, E "u e Attorney for Plaintiff r ; -, ? l? ? „'? "(' 1.. ? ? jy 1 ?.? . T S _ ::`.'i 1 _ _%. }'.i_ 'C? ? ?? -' x- PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PNC BANK, N.A. vs. VICKI A. HECKENDORN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02-04495 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C,P., 404(2)/403 DANIEL SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the NOTICE OF SHERIFF SALE was made by sending a true and correct copy by regular mail to VICKI PIONTEK, ESQUIRE, Attorney of Record for Defendant(s), VICKI A. HECKENDORN, at 24 WEST GOVERNOR ROAD, HERSHEY, PA 17033 on OCTOBER 26, 2005. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. DANIEL G. SCHMIEG, E UIRE Date: October 27, 2005 ;,°, a r H ?p W w1 ? U A W N ? G N 7 '(, 6 H ? W N H O ? G G z U al o N c a 6 m ro ?ro ??77 rn S Z ? ? O O 9 w p b t" ? z n b tb ? ? Q ? B ? ? ? x d? ?9 Q ?, ? O ? n A ro x? r ba x ? z z n ? ? ? " ag o o °-o to H o O `C C p z o q to d? -?' a ? ? en O 3 F, ` v' n m p O ? a ? a? `(Yrr?J a a '° ryQJJ ?a' ,Y7?. C7 Z O ro 'Z, O 3 QJ O Q I'i'1 A ? ? J m gSn9? ? ? 9 r og5 0 C7 tb 9 z °a' n d - N a :" a g ?. u o J y °? ?d2.?Mw J Y O o. / ? Y q ? ? ? W O % a g PN m -? a vial f ' s Ql- 2 IA 0004309825 CCT 26 2005 '? DE"19103 MAIIED FROM ZIPCQ '^z TgJ c?'? 'tip', y A `R P y ? O `<-', 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 PNC BANK, N.A. 9451 CORBIN AVENUE NORTHRIDGE, CA 91324 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. VICKI A. Defendant(s). CIVIL DIVISION NO. 02-04495 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 VICKI A. HECKENDORN and, 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 3/2/02 to 12/2/05 TOTAL $61,393.31 $13,418.16 $74,811.47 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. C ?? s1 DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: L 1 a6os d"k,44 PRO ROTHY 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 ATTORNEY FOR PLAINTIFF (215) 563-7000 PNC BANK, N.A. 9451 CORBIN AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. VICKI A. HECKENDORN Defendant(s). CIVIL DIVISION NO. 02-04495 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 VICKI A. HECKENDORN is over 18 years of age and resides at, 67 BIG SPRING AVENUE, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. J%-It "d -8 iC_NVVwUZh DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, N.A. 9451 CORBIN AVENUE Plaintiff, V. VICKI A. HECKENDORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-04495 Notice is given that a Judgment in the above-captioned matter has been entered against you on _1 5?_c L 200,9. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESWIRE Attorney for Plaintiff ONE PENN 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." PHELAN. HALLINAN AND SCHMIEG 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PNC BANK, N.A. COURT OF COMMON PLEAS Plaintiff Vs. : CIVIL DIVISION CUMBERLAND COUNTY VICKI A. HECKENDORN Defendants :NO. 02-4495 TO: VICKI A. HECKENDORN 67 BIG SPRING AVENUE NEWVILLE,PA 17241 DATE OF NOTICE: SEPTEMBER 27,200 5 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 " -,J 4e FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CC: VICKI ANN PIONTEK 24 WEST GOVERNOR ROAD HERSHEY, PA 17033 ^C, c? ? ?- ?.? -? ?.. G ? '. .? ? ?; _ a ? - :- ? ? --?.. r PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PNC BANK, N.A. Plaintiff, V. No. 02-04495 VICKI A. HECKENDORN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $74,811.47 Interest from 12/2/05 to MARCH 8, 2006 $1,180.80 and Costs (per diem -$12.30) TOTAL $75,992.27 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. w? p a ? W ? ° ^ z o w O W 060 p 0 °z z a+ A pZ„ yy U 0 W p d ? p" U ? U W H ? W 0 w a. w to 0 N t` a W r? a H ?yy i? W z w a w b d a A a. is CIZ L, Q r ALL that certain half lot of ground, having thereon a brick house, situate in the Borough of Newville, County of Cumberland, and State of Pennsylvania, being the one-half of Lot No. 10 in the Plan of additional building lots laid out by Peter A. Ahl, and bounded and described as follows: BEGINNING at Big Spring Avenue (formerly Depot of Railroad Street) at the northeast corner of Lot No. 9; thence by said street, North 16 3/4 degrees East, 30 feet; thence by a line parallel with Fairfield Street, North 75 3/4 degrees West, 180 feet to Rose Alley; thence along said alley, South 15 3/4 degrees West 30 feet; thence by Lot No. 9, South 75 3/4 degrees East, 180 feet to the place of BEGINNING. BEING THE SAME REAL ESTATE WHICH JOYCE C. KEITER, widow, by deed dated May 30, 1986 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume X-31, Page 708, granted and conveyed to RANDY J. HECKENDORN and DEBRA A. FLAGLE, Grantors herein. Being Parcel # 28-20-1754-057 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Vicki A. Heckendorn, single woman, by Deed from Randy J. Heckendom and Debra A. Heckendorn, f/k/a, Debra A. Flagle, husband and wife, dated 3-24-94, recorded 4-5-94 in Deed Book 103, page 571. PREMISES BEING: 67 BIG SPRING AVENUE, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4495 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s) From VICKI A. HECKENDORN (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 $74,811.47 L.L. $.50 Interest FROM 12/2/05 TO 3/8/06 (PER DIEM - $12.30) - $1,180.80 AND COSTS Atty's Comm % Atry Paid $112.59 Plaintiff Paid Date: DECEMBER 6, 2005 Due Prothy $1.00 Other Costs Prothonotary- (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 By: Deputy 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 PNC BANK, N.A. Plaintiff, V. VICKI A. HECKENDORN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVII. DIVISION NO. 02-04495 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: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. (X/a?c?.7' tel. ?l C??91 DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff =;?, _? - ` , ? '_? -- _.. ??? N PNC BANK, N.A. Plaintiff, V. VICKI A. HECKENDORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-04495 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PNC BANK, N.A., 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 67 BIG SPRING AVENUE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name VICKI A. HECKENDORN Last Known Address (if address cannot be reasonably ascertained, please indicate) 67 BIG SPRING AVENUE NEWVILLE, PA 17241 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) IRWIN UNION BANK & TRUST COMPANY PNC BANK, NATIONAL ASSOCIATION 1717 COLLEGE PARKWAY CARSON CITY, NV 89706 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 67 BIG SPRING AVENUE NEWVILLE, PA 17241 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 unswom falsification to authorities. December 2, 2005` DATE DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff r?-> -' 1 ?) [ i C l 1 Plaintiff, Defendant(s). CUMBERLAND COUNTY No. 02-04495 December 2, 2005 PNC BANK, N.A. v. VICKI A. TO: VICKI A. HECKENDORN 67 BIG SPRING AVENUE NEWVILLE, PA 17241 "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 BANKRUPTCYAND 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, 67 BIG SPRING AVENUE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,811.47 obtained by PNC BANK, N.A. (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 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 Sheriff s 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 ALL that certain half lot of ground, having thereon a brick house, situate in the Borough of Newville, County of Cumberland, and State of Pennsylvania, being the one-half of Lot No. 10 in the Plan of additional building lots laid out by Peter A. Ahl, and bounded and described as follows: BEGINNING at Big Spring Avenue (formerly Depot of Railroad Street) at the northeast comer of Lot No. 9; thence by said street, North 16 3/4 degrees East, 30 feet; thence by a line parallel with Fairfield Street, North 75 3/4 degrees West, 180 feet to Rose Alley; thence along said alley, South 15 3/4 degrees West 30 feet; thence by Lot No. 9, South 75 3/4 degrees East, 180 feet to the place of BEGINNING. BEING THE SAME REAL ESTATE WHICH JOYCE C. KEITER, widow, by deed dated May 30, 1986 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume X-31, Page 708, granted and conveyed to RANDY J. HECKENDORN and DEBRA A. FLAGLE, Grantors herein. Being Parcel # 28-20-1754-057 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Vicki A. Heckendom, single woman, by Deed from Randy J. Heckendom and Debra A. Heckendom, f/k/a, Debra A. Flagle, husband and wife, dated 3-24-94, recorded 4-5-94 in Deed Book 103, page 571. PREMISES BEING: 67 BIG SPRING AVENUE, NEWVILLE, PA 17241 ? ' ? ' ? ? .-! ' j-_ ?.{ ?.., i , - ?r?i i PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PNC BANK, N.A. vs. VICKI A. HECKENDORN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY No.: 02-4495 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 DANIEL SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the NOTICE OF SHERIFF SALE was made by sending a true and correct copy by regular mail to VICKI PIONTER, ESQUIRE, Attorney of Record for Defendant(s), VICKI A. HECKENDORN, at 24 WEST GOVERNOR ROAD, HERSHEY, PA 17033 on 12/6/05. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. )i DANIEL G. SCHMIEG, ESQUIKE Date: December 9, 2005 a ,? r O ?h 2 a? [P o N ?. o-? 9 a q ll7? gonX? ?o a ?? R p ? ? 6 O N (AU ? i fti µ V' O AB???a r g+ 5' o. aqn? K ¢ q r?" 7 ? b ? y a sb?c. ro N C" CM/, ? A ? c It r t7 d r ? "? Cam' -o p ? 00 O ? ?_ o .?, ca O ? A w "n 7 ? o ' v o z `? ? o d m ? Z ? ,3, M ? S. oo G, N N 7 r?+ r. ? ? p1 O ? ? m m ? ? C? u` ? A o 7 G7 ? O n ro ? K' w o? E" t?l? ? 07 ? G ? u b r "4 O N ? ? ? n 3 tGt1 w r 7Gt 'b ? C1 o ? en O t' ? a w r M -? 9 y r p [n w O N x Z 9 7 n N r w G ?n A rr'' ZW4 Cow, Z $ ()j •8o 02 to CMG 06 2d09,., 0004309825 ZIp GOOF 19103.. MAIIEO FROM 'a • 'r` ',, r4 SALE DATE: MARCH 8.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, N.A. VS. VICKI A. HECKENDORN No.: 02-04495 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: 67 BIG SPRING AVENUE, NEWVILLE, PA 17241. 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. March 6, 2006 Attorney for Plaintiff PNC BANK, N.A. Plaintiff, V. VICKI A. HECKENDORN Defendant(s). NO. 02-04495 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PNC BANK, N.A., 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 67 BIG SPRING AVENUE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name VICKI A. HECKENDORN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Last Known Address (if address cannot be reasonably ascertained, please indicate) 67 BIG SPRING AVENUE NEWVILLE, PA 17241 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) IRWIN UNION BANK & TRUST COMPANY PNC BANK, NATIONAL ASSOCIATION 1717 COLLEGE PARKWAY CARSON CITY, NV 89706 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 67 BIG SPRING AVENUE NEWVILLE, PA 17241 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 unswom falsification to authorities. December 2, 2005 DATE DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff r '' O r v ? ? ,? W N r. w !? mo a o-? o a r t a I a tI ga? m o G"u ° ?'p3 o µ a Na°o, o- a a c ? 7 rv ri A a w ?' m 3 6`p - ¢ R 2 Bd m coq gaga c 4 rid ?d Y > 4 V rt µ P rt q ?' N •.- `0 ? m p U' R r Z ;ay? Z O ? o ? o ? 'Z ran 7 ? ? ? ? •V o? 6? r O a A r O d Vn rn Z ?, cp co ?y' n t`i'n G G1 U? a°' P' G) NC O ? vi r? v c r ? C)?? L tr1 C: rr ran 9 O 'Z q7 '?• N ° ;d a ? b O ?-y A o G1 7. 9 'y ? .? o b O w K O o ? rr? W a o O G M OA •?, 'b +? rr? can C 7' 9 r" N ? Z :{' `?° lz'' q O 9 n W ? to x z 9 ? C) N o[P Crr1 O 1'316%. Ft`i? - ? VITNL4 B? $ di.804 921A mc06 2dNB" y, 000430982 COOE 19103_ ' MAiLEO FROM Z4P 'a•-....?"' DATE PNC BANK, N.A. VS. VICKI A. HECKENDORN TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): VICKI A. HECKENDORN PROPERTY: 67 BIG SPRING AVENUE NEWVILLE, PA 17241 Improvements: Residential dwelling Judgment Amount: $74,811.47 CUMBERLAND COUNTY NO. 02-04495 The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. i'? t ?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which William Skilton, Nancy Skilton, Samantha Skilton is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 6th day of Dec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4495, at the suit of PNC Bank N A against Vicki A Heckendom is duly recorded in Deed Book No. 274, Page 265. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said Joffice this day of of Deeds PNC Bank, N.A. VS Vicki A. Heckendom In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4495 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Vicki A. Heckendom, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND as to the defendant, Vicki A. Heckendom. Several attempts at service were made, but Deputies were not able to make contact with any individual at 67 Big Spring Ave., Newville, PA 17241. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 12:51 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Vicki A. Heckendom located at 67 Big Spring Ave., Newville, Pennsylvania, according to law. 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 March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $75,600.00 to William Skilton. It being the highest bid and best price received for the same, William Skilton of 103 Fourth Street, Boiling Springs, PA 17007 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $79,688.00 Sheriffs Costs: Docketing $30.00 Poundage 1,512.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 42.24 Certified Mail 4.64 Levy 15.00 Surcharge 20.00 Postage .39 Law Journal 335.00 Patriot News 297.80 Share of Bills 21.05 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 2,414.12 Sworn and subscribed to before me This q-5' day of 2006, A.D. Prothon6t So AQWAV: " "'R:'fhomas Kline, Sheriff BYIJa S ' Real Estate Sergeant 30'a 1.0 ad It ?, s37? I J PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS VICKI A. HECKENDORN CIVIL DIVISION Defendant(s). NO. 02-04495 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PNC BANK, N.A., 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 67 BIG SPRING AVENUE, NEW VILLE. PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name VICKI A. HECKENDORN Last Known Address (if address cannot be reasonably ascertained, please indicate) 67 BIG SPRING AVENUE NEWVILLE, PA 17241 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) IRWIN UNION BANK & TRUST COMPANY PNC BANK, NATIONAL ASSOCIATION 1717 COLLEGE PARKWAY CARSON CITY, NV 89706 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in theproperty which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 67 BIG SPRING AVENUE NEWVILLE, PA 17241 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 andpliFf. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4 ?#}rel?ting to uhsvvoi&falsification to authorities. December 2 2005 -U- +? DATE DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff OE C d l- 330 N Hnna uN1ia3ewn 3 183HS MI 3 It VIA' PNC BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. VICKI A. Defendant(s). No. 02-04495 December 2, 2005 TO: VICKI A. HECKENDORN 67 BIG SPRING AVENUE NEWVILLE, PA 17241 ' •THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. " Your house (real estate) at, 67 BIG SPRING AVENUE, NEW MLLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,811.47 obtained by PNC BANK. N.A. (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 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 ALL that certain half lot of ground, having thereon a brick house, situate in the Borough of Newville, County of Cumberland, and State of Pennsylvania, being the one-half of Lot No. 10 in the Plan of additional building lots laid out by Peter A. Ahl, and bounded and described as follows: BEGINNING at Big Spring Avenue (formerly Depot of Railroad Street) at the northeast corner of Lot No. 9; thence by said street, North 16 3/4 degrees East, 30 feet; thence by a line parallel with Fairfield Street, North 75 3/4 degrees West, 180 feet to Rose Alley; thence along said alley, South 15 314 degrees West 30 feet; thence by Lot No. 9, South 75 3/4 degrees East, 180 feet to the place of BEGINNING. BEING THE SAME REAL ESTATE WHICH JOYCE C. KEITER, widow, by deed dated May 30, 1986 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume X-31, Page 708, granted and conveyed to RANDY J. HECKENDORN and DEBRA A. FLAGLE, Grantors herein. Being Parcel # 28-20-1754-057 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Vicki A. Heckendomn, single woman, by Deed from Randy J. Heckendomn and Debra A. Heckendom, f/k/a, Debra A. Flagle, husband and wife, dated 3-24-94, recorded 4-5-94 in Deed Book 103, page 571. PREMISES BEING: 67 BIG SPRING AVENUE, NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4495 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, N.A., Plaintiff (s) From VICKI A. HECKENDORN (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,811.47 L.L. $.50 Interest FROM 12/2/05 TO 3/8/06 (PER DIEM - $12.30) - $1,180.80 AND COSTS Atty's Comm % Atty Paid $112.59 Plaintiff Paid Date: DECEMBER 6, 2005 (Seal) Due Prothy $1.00 Other Costs ProthonotaryBy: Deputy 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 Real Estate Sale # 40 On December 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 67 Big Spring Ave., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 16, 2005 By:v ,6 Real Estate Sergeant 01 1E d L- 930 :SMI tid "A.1N000 gH?'IHBWi?? IMNS 3H J0 3 1AA0 SCHEDULE OF DISTRIBUTION SALE NO. 40 Date Filed: April 07, 2006 Writ No. 2002-4495 Civil Term PNC Bank, N.A. VS Vicki A. Heckendom 67 Big Spring Avenue Newville, PA 17241 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney C March 08, 2006 William Skilton $75,600.00 $74,811.47 1,180.80 osts: 112.59 Total: $76,104.86 DISTRIBUTION: Receipts: Cash on account (12/16/2005): $ 1,500.00 Cash on account (03/08/2006): 7,560.00 Cash on account (03/22/2006): 72,128.00 Total Receipts: $81,188.00 Disbursements: Sheriffs Costs $ 2,414.12 Legal Search 200.00 State Transfer Tax 1,188.00 Local Transfer Tax 1,188.00 Betty Hockensmith, Tax Collector 470.67 Attorney Daniel Schmieg 1,500.00 PNC Bank, N.A. 74,227.21 Total Disbursements: ($81,188.00) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff I TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 40 Held Wednesday, March 8, 2006 Date: March 8, 2006 TAXES: Receipts for all taxes for the years 2004 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded 2006, in Cumberland County Deed Book Page RECITAL: Being the same premises which Randy J. Heckendorn and Debra A. Heckendorn, formerly known as Debra A. Flagte, by deed March 24, 1494, and recorded April 5, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 103, Page 571, granted and conveyed to Vicki A. Heckendorn. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Big Spring Avenue and Rose Alley. 6. Mortgage in the amount of $66,500.00 given by Vicki A. Heckendom to PNC Bank, N.A., dated March 24, 1994 and recorded April 5, 1994 in Mortgage Book 1204 Page 1089. Complaint in mortgage foreclosure filed by PNC Bank, N.A. as Plaintiff versus Vicki A. Heckendorn, as Defendant in the Office of the Prothonotary of Cumberland County on September 18, 2002 to File No. 2002-4495. Judgment in the amount of $74,811.47 entered on December 6, 2005. Mortgage in the amount of $33,400.00 given by Vicki A. Heckendom to Irwin Union Bank and Trust Company dated March 22, 2000 recorded April 10, 2000, in Mortgage Book 1605, Page 244. 8. Mortgage in the amount of $46,535.00 given by Vicki A. Heckendom to PNC Bank, N.A. dated April 9, 2001 and recorded April 26, 2001 in Mortgage Book 1696, Page 106. 9. Subject to easement as set forth in Deed recorded June 13, 1878 in Deed Book "O," Volume 3, Page 265. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after July 1, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not b d or binding until countersigned by an authorized signatory. .. REAT. ESTATE SALE NO. 40 982-4995-'e1vi? PNC Ban t, VS. VicM A. Heckendorn Atty.: Daniel Schmleg DESCRIPTION ALL that certain half lot ofground, having thereon a brick house, situ- ate in the Borough of Newville. County of Cumberland, and State of Pennsylvania, being the one-half of Lot No. 10 in the Plan of addi- tional building lots laid out by Peter A. Ahl, and bounded and described as follows: BEGINNING at Big Spring Av- enue (formerly Depot of Railroad Street) at the northeast corner of Lot No. 9; thence by said street, North 16 3/4 degrees East, 30 feet; thence by a line parallel with Fair- field Street, North 75 3/4 degrees West. 180 feet to Rose Alley: thence along said alley, South 15 3/4 de- grees West 30 feet: thence by Lot No. 9, South 75 3/4 degrees East, 180 feet to the place of BEGINNING. BEING THE SAME REAL ES- TATE WHICH JOYCE C. KEITER, widow, by deed dated May 30, 1986 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume X-31, Page 708, granted and conveyed to RANDY J. HECK- ENDORN and DEBRA A. FLAGLE, Grantors herein. Being Parcel a 28-20-1754-057. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Vicki A. Heekendorn, single woman, by Deed from Randy J. Heckendorn and Debra A. Heck- endorn, f/k/a. Debra A. Flagle, hus- band and wife, dated 3-24-94, re- corded 4-5-94 in Deed Book 103, page 571. PREMISES BEING: 67 BIG PRING AVENUE, NEWVILLE, PA 17241. 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general 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 24th and 31st day(s) of January and the 7th day(s) of February 2006. 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#40 RM 961*1 ZMA ow w Writ No. 2002-4006 Chill Term PNC Bank, N.A. VS Vicki A. Heckandom Atly: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN half lot of ground, having thereon a brick house, situate in the Borough of Newville, County of Cumberland, and State of Pennsylvania, being the one-half of Lot No. 10 in the Plan of additional budding lots laid out by Peter A. Ahl, and bounded and described as follows: BEGINNING at Big Spring Avenue (formerly Depot of Railroad Street) at the northeast comer of Lot No. 9; thence by said street, North 16'/. degrees East, 30 feet; thence by a line parallel with Fairfield Street, North 75% degrees West, 180 feet to Rose Alley; thence along said alley, South 15'/, degrees West 30 feet; thence by Lot No. 9 South 75'/. degrees East, 180 feet to the Place of BEGINNING. BEING THE SAME REAL ESTATE which Joyce C. Reiter, widows, by deed dated May 30, 1986 and recorded in the office of the Recorder of ..............................................?...................... ........................... Sworn to and subscribed before! met his 16th day of February 2006 A.D. M) IARIAL SEAL Terry L. Russell, Npfary bl/ of Ha(rlsbura. . inh ?9fit r I.... njq - a p l? NOTARY JBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Deeds in and for Cumberland county in Deed Book Volume X-31, Page 708, granted and conveyed to Randy J. Heckendom and Debra A. Flagle, Grantors herein. BEING PARCEL #28-20-1754-057 TITLE TO SAIL) PREMISES is vested in Vicki A Randy . Heckesdorn, single woman, by Deed from Debra A??oin and Debt, Heckendom, and wife, dated MV%, recorded 4/5194 in Deed Book 103, page 571. PREMES BEING: 67 Big Spring Avenue, Newville, PA 17241 PROs ? OF PUBI_,ECATION OF NOTICE IN . ' U AIBERLA NID LAW JOURNAL (Under Ac-L:o. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVAN;. COUNTY OF CUMBERLA."?i; : SS. Lisa Marie Coyne, E?,.i.Jre. Editor the Cumberl;ittd Law Journal, of the County and State aforesaid, being duly sN\ ?).; , according t,) law, depose, cold says that the Cumberland Law Journal, a legal periodical pub! i ;ed in the Borough of Carll., lk- in the County and State aforesaid, was established January 2,12, and dcsi?_nated by the local courts as the official legal periodical for the publication X11 legal notic: ,s, and has, )ii cc January 2, 1952, been regularly issued weekly in the said Coui:,y, and that 1,kc printed notic: or publication attached hereto is exactly the same as was pr1nt,_,4. in the reguiar editions and i:?sucs of the said Cumberland Law Journal on the following dates. viz: January 20, 27. February 3, 2006 Affiant further depose - gat he is au(hi.rized to veri i.\ this statement by the Cumberland Law Journal, a legal periodic-,i. t general circ tlation, and t:- t he is not interested in the subject matter of the aforesaid noti , or advertisement, and th?ti all allegations in the foregoing statements as to time, place any:- ?2haracter ofpublication are ante. REAL ESTATE SALE NO. 40 Writ No. 2002-4495 Civil PNC Bank, N.A. vs. Vicki A. Heckendorn Atty.: Daniel Schmieg DESCRIPTION ALL that certain half lot of ground, having thereon a brick house, situ- ate in the Borough of Newville, County of Cumberland, and State of Pennsylvania, being the one-half of Lot No. 10 in the Plan of addi- tional building lots laid out by Peter A. Ahl, and bounded and described as follows: BEGINNING at Big Spring Av- enue (formerly Depot of Railroad Street) at the northeast corner of Lot No. 9; thence by said street, North 16 3/4 degrees East, 30 feet; thence by a line parallel with Fairfield Street, North 75 3/4 de- Marie Coyne, S\V'JRhYfO AN;? SUBSCRIBED before me this 3 day of i; ebruarv, 2006 Notary 111 grees West, 180 feet to Rose Ailey; thence along said alley, South 15 3/4 degrees West 30 feet; thence by Lot No. 9, South 75 3/4 degrees East, 180 feet to the place of BE- GINNING. BEING THE SAME REAL ES- TATE WHICH JOYCE C. KEITER, widow, by deed dated May 30, 1986 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume X-31, Page 708, granted and conveyed to RANDY J HECK- ENDORN and DEBRA A. FLAGLE, Grantors herein. Being Parcel # 28-20-1754-057. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Vicki A. Heckendorn, single woman, by Deed from Randy J. Heckendorn and Debra A. Heckendorn, f/k/a, Debra A. Flagle, husband and wife, dated 3- 24-94, recorded 4-5-94 in Deed Book 103, page 571. PREMISES BEING: 67 BIG SPRING AVENUE, NEWVILLE, PA 17241.