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Home My WebLink About00-00564 1 . . , > I STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _______________n_________n_____n_____ __n_n____nn_____n_n_nnn_n___ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which nn____________ North American Mtg Co ____________________________________________________________________________________ ~ the grantee , " the same having been sold to said grantee on the _QtlJ_____n_____________nn_nnn__n__n___ day of September xx2000 nnn________n______n_nn_n________ A. D., 19__n_n_, under and by virlne of a wriL__________n_ Execution 13th _____n_____nn n ________ __________n nn_ ___ _ _ issued on the _n_n _____ _____ ______ n __ n n _______ June xx2000 day of __________________________ A. D., 19______, out of the Court of Cornman Pleas of said County as of Civil xx2000 __n____ __________n________ __,,__ ___ ___n____n _ __ ________________n______ __nn _ Term, HI_ __ n__ 564 North American Mtg Co Number ______________, at the suit of __n_________________________________n___n__nn,_____"_nn__ ' ,_I I': Ii H iJ I'; ;,j :,J i,~ " :,1 :;i " ___ ________________________________ againsL _S;~!~~~~_~_~~.!:r.:::~~_::~ !_______ n __ ______ __ __ _ ~ duly recorded in Sheriff's Deed Book No. ____~~~___n' Page __n~~~!___' iJ " :'i " IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office th~ _~__ day LJ~ of n________________________n__ A. p.,~2:,= LJ;. '~-/ /'I-L ' ______~_: _c_____~---- 2:r~conrer of Deeds IleamIer 01 0eedI. tumIIerlInd CuunIr. Carllslt. PA If CGmmission Eajlires llle Filii..., 01__ . ~~- ,", , North American Mortgage Company -vs- Christian B. Schraga, by his attorney In-fact In the Court of Common Pleas of Cumberland County, Pennsylvania No, 2000-564 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for the defendant to wit: Christian B. Schraga, but was unable to locate him in his bailiwick. He therefore retums the above Real Estate Writ Notice Poster and Description not found as to the defendant Christian B. Schraga. R. Thomas Kline, Sheriff, who beillg duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant Christian B. Schraga by Certified Mail Restricted Delivery, Deliver To Addressee Only to 1426 Timber Chase Drive # 38, Mechanicsburg, Pennsylvania. This letter was mailed under the date of Julyll, 2000 and returned to the Sheriffs Office on August 1, 2000 with reason checked Returned To Sender. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description ill the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant Christian B. Schraga by regular mail to 1426 Timber Chase Drive # 38,Mechanicsburg, Pennsylvania. This letter was mailed under the date of August 1, 2000 and never returned to the Sheriffs Office. . R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law exposed the above premises at public venue or outcry at Cumberland County, Court House, Carlisle Cumberland County, Pennsylvania on September 6,2000 at 10:00 o'clock A. M. and sold the same for the sum of $ 1.00 to North American Mortgage Co. It being the highest bid and best price quoted for the same North American Mortgage Co., of231 East Avenue, Albion, N.Y. being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 904.49 it being costs. Sheriffs Costs: Docketing Poundage Postillg Hand Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News 30.00 17.74 15.00 15.00 30.00 10.00 .50 1.00 8.06 7.86 15.00 20.00 335.15 324.15 ~, Jl'J1 , , , i ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, vs. Plaintiff, , NO: 2000-564 CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A. PAGANA, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) ) SS: North American Mortgage Company, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Christian B. Schraga, located at 1426 Timber Chase Drive #38, Mechanicsburg, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHRISTIAN B. SCHRAGA OF. IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF I-'.AMPDEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1426 TIMBER CHASE ORNE, #38, MECHANICSBURG, PA 17055. DEED BOOK VOLUME 185, PAGE 710, PARCEL NO. 10-15-1283- 008-U38. " , _1 - - I .t . , ~ 1. The name and address of the owners or reputed owners: Christian B. Schraga. by his Attorney-in-fact Lori A. Pagana 1426 Timber Chase Drive, #38 Mechanicsburg, PA 17055 2. The name and address of the Defendants in the judgment: Christian B. Scliraga, by his Attorney-in-fact Lori A. Pagan a 1426 Timber Chase Drive, #38 Mechanicsburg, PA 17055 3, The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: North American Mortgage Company PLAINTIFF . Tax Claim Bureau One Courthouse Square Carlisle. PA 17013 4. The name and address of the last record holder of every mortgage of record: North American Mortgage Company PLAINTIFF 5, The name and address of every other person who has any record lien on the property: NONE 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Lori A. Pagana 2241 Canterbury Drive Mechanicsburg, PA 17055 7. The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Pennsylvania Sales & Use Tax Claim Bureau PA Department of Revenue Office of Chief Counsel 10th Floor, Strawberry Square Harrisburg. PA 17128-1061 , "'I \ . -ol .., The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. , I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S,A. ~4904 relating to unsworn falsification to authorities. ~~~\~'-l..J.r-' Jon A. McKechnie Attorneys for Plaintiff Notarial Seal Gina L, Dunca".Mille', Notary Public Pittsburgh, Alleghi,ny County My Commission Expires April 9, 2001 Member, Pennsylvania ASSOCIation of Notaries r,>), . , , .. ,. " IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs. , CHRISTIAN B, SCHRAGA, by his Attorney-in-fact, LORI A. PAGANA, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Christian B, Schraga, by this Attorney-in-fact, Lori A. Pagana TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County. directed, there will be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on September 6,2000, at 10:00 A.M., the following described real estate, of which Christian B, Schraga is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHRISTIAN B. SCHRAGA OF, IN AND TO: ALL THE FOl.LOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1426 TIMBER CHASE DRIVE, #38, MECHANICSBURG, PA 17055, DEED BOOK VOLUME 185, PAGE 710, PARCEL NO. 10-15-1283- 008-U38. - , -,-,'-1 - '~'" ~ . . " . , The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of NORTH AMERICAN MORTGAGE COMPANY. Plaintiff, vs. , CHRISTIAN B. SCHRAGA, by his Attorney-In-fact. LORI A. PAGANA, Defendants at Execution Number 2000-564 in the amount of $88,969.21, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you, It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken, A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. ,IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 - , , , , ' " You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgme[lt. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE, TO EXERCISE THIS RIGHT. YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P .A. ~ \N'--'-\c.~' J A. McKechnie, EsqUire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND AINY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~~'. -" I 'I 'I ,I :i :1 I .i ::1 :1 II ;1 :1 I q !I il I I I :1 I i I ~~ ,,,,"- . . .' , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY. Plaintiff, NO: 2000-564 vs. . CHRISTIAN B, SCHRAGA, by his Attorney-in-fact, LORI A. PAGANA, Defendants LONG FORM DESCRIPTION ALL THAT CERTAIN Unit, being Unit No. 1426 (the "Unit"), of Timber Chase, A Townhouse Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plan recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 508, Page 602 and Right of Way Plan Book 11, Page 13; as amended in Miscellaneous Books 513, Page 360, 524, Page 978; 528, Page 838; 533, Page 87; 540, Page 235; and 544, Page 1020; and in Right of Way Plan Book 11, Pages 15, 23.31,43.54 and 66 respectively. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended, TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended, UNDER AND SUBJECT to any and all covenants, conditions, restrictions. rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration. and matters which a physical inspection and survey of the Unit and Common Elements would disclose. BEING'the same premises which Lisa A. Starsinic. a single woman, by Deed dated September 17, 1998 and recorded on September 21, 1998 at Deed Book Volume 185, Page 710 and recorded in the Recorder's Office of Cumberland County. granted and conveyed to Christian B. Schraga, a married man, WELTMAN, WEINBERG & REIS, CO., L.PA ~\r-... \,,<,--L\C~' Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh. Pennsylvania 15219 ~~. '. , . . . ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 00-564 CIVIL 1llX Tenn CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due North American Mortgage Corrpany PLAINTlFF(S) from Christian B. Schraga, by his Attorney-in-fact, Lori A. pagana, l426 Timber Chase Drive, #38, Mechanicsburg, PA l7055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are also directed tQatt<lch tHe property of the defendant(s) not levied upon in the possession of '. . - " GARNISHEE(S) as follows: Amount Due ~7 n~l t~ at tne r e'o :;. .OJ per (hem from Interest 5/l5/00 to 9/6/00 - S1.827.42 L.L. S.50 Ally's Comm Ally Paid Plaintfff Paid % Due Prothy S1. 00 Other Costs rate Charqes thru 9/6/00 - $80.22 $l53.88 Date: June 13, 2000 Curtis R. Long Prothonotary, Civil Division An~ D P 7f07/?J~ I Deputy '-9\L: REQUESTING PARTY: Name ,Inn "A. Mr'Kporihni po "Rq~ 2718 Koopers Building Address: 4JG S(.veuLt AvlC:Uu.c pittsburqh. PA l52l9 Attorney for.: Plaintiff Telephone: 4l2-434-7955 Supreme Court ID No. 36268 .~.llIrlwl~~i..,~ .l.-Ulllll.~llIliP1i~~IiWl::J\;;:'-.~<-.'.::>r~~~iItI.---" _~' . l'.~[T1." -~ " ,-- ~' . "....-~~- . ' . ' - REAL ESTATE SALE No),) i , " I , Ofl ~ ) r. 2.,-.rz.J the sheriff levied upon the defendants Interest In 1110 rest property slluated In ~~f-t - ;:t.~ cumberland county. Po.. known and numbBAld ...:I.llI' ;t.., L iJr......~ Jf /1YIJJfL.n_D.~and more i\,rihed on Exhibit "A" tiled with (....) CViI this writ and OY this reterence Incorporated herein. c;;oJ _:fr..,y/1.J.v. BY~~' .... ~ i --, ~_ .. .-<-q ""1 m ~. ....., , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumal on the following dates, VlZ: JULY 28, AUGUST 4,11,2000 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Joumal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SAlLE NO. ~ Writ No. 2000-564 Civil North American Morlgage Company, . I vs, SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 Christian B. Schraga. by his Attorney-In-fact Lori A. Pagana Atty,; Jon A. McKen~e WNG FORM DESCRIPTION ALL THAT CERTAIN Unit, being, Unit No. 1426 (the "Unit"). of Timber Chase, A Townhouse Condom:iIl1~ (the "Condominium"), located ,m Hampden Township. Cumber1~d Cormty. pennsylvania. which Umt is designated In the Declaration of Con- dom:iIl1UIll of Timber Chase, A Town- home Condom:iIl1UIll (the "Declara- NOTARIAl SEAl. LOIS E. SNYllH, I'6oIa<y PublIc Corllole 10<0, Cumberland County, PA My Commiuion Expi... March 5, 2001 ' ~~~.=..~ ~- -O:~~-~-/~i~ffl, ~~~n--'--- Mortgag9 Co. 'lIS OF.. ", c";c'O..cMst"" a. Schrag., ' , by hi. Allorney4n-faet , ~ '- L<l!1 A, Paga"" S'.,- .',,,<!.Uy: Jon A, McKonohl. ~''''''=~~15ESCRI!>TlON ~trnIAT-cERTAINlrntL belnilTriTt' ~o. l.u6 Wie "~riWefUi3se~ A ~,~,,' ":~~~~$-~-". ,c;_o, n.~o..mitl.ium (flt~ _Oll ----flTIv-:k.' Iocatt;:d in Hampden ~nip, Cumberl.tnd County, .L~nsyJ\'ama, \-\'nfch Unit is d~gna(ed in = Ole Dedaration or ConaominJum of TImber ~ilS1.,--A. TowtllJom_c Condomjni_um (the ~~.iil~~nl't.fs~f~~~~~';q~1In ~K~- ~- of the Rt;:corder of De-ed!j '- Of- --tinnherJi1ndCQunh' In -MisteUaneous_Book ~- J'i&ePl!2 'n~ Jlighl_MWaYPI.n ~k ~_~s_i!n!~n~a In Miscell,meous- '_~-~-5~,t~~;~8e _ W,_'4lf Pate 235; and 54-1, -fil'Rlghf 0 Way Plan Book '.- a$es --15,- 23. 3t, 43, 54 an!,'! 66 , rcspectl\~dy. <'=---'raGETHER with fhe undivided ~rfi:tTigt!' mt(!rest !l"f the Common ~t:;ro.C1llS~!lPP~r!enant fo. lhi." Unit <IS more --.-=_}s~a~,-,'s__ef"fOrth -in the .ifOresaid .1 on--:'- or-Conoomfrtitiltl-;- as--- last ---,=Qm ~. "- ........._~....._ "''''''- ii, 6G,'~,-T'!D.,H,~,-{~",~,~j"ib-,",.I&'_,.~",ii,',~,ih",(1,0,' use"," e, ;; .~ O~l]tl;!n ~~l!leJl~_ appllCdbl~ to . , 7'<~~~;I>1.ineterJj,pu~~~rro..: c_ W~taJ!Qn _ of ~andQmlnlUlll .IDa: ~ !on'~~~!f-'~~~' Plans, 'as' last: 'DtM'iYStiBlE"C'ffo inJ'lna_ .Il~ <on'i6;,~t ,?:fri~iin', 'ng~ts:iw~;' -- d,~e_mentsofretor4Jn f~_ Ice;{l1e'aJoresald Decma6on. ~ Which a r!:/'l}'SiaJ. ~l]S~[on _ o e ml ana~ ~eme:iTtsWould disdoSf. - - , ~,- .,-- _C ~},h_e sam~..premiS~__W~i!:~ L!:sa ~'~"'~\'()01.an, 'TIe(>ooolfd _ber n 1998 and recorded On , -. rote 11er"-217--mS'~arDeed Book Volume =::. ' . " - "~d-0cordeQrn the Re<:order's ---:nnrce'ofCumbcclQ:nd Clunf}~gTan!cd ,lnd ~~~~~_i~-~~~i~~:__~~ra$d! a ,ma~~d if!fV~: ; ~'-'-'---' =>-="'",--_? ~- -. .. - - ..-. ,;-" ....L.~_I ~ , ".I,. '< '- \ ..... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Undernel No. 587. nooroued Ma~ 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Accounts Receivables Manager ot 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 and Metro editions/issues which appeared on the 1 st, 8th and 15th day(s) of August 2000. 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 behaif 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 Miscellane(ous Book "M", Volume 14, Page 317, PU B LI CA TI ON ______________________ __~_______________________ COpy SALE #63 scn e e ore Notarial Seal Teny L. Russell, Notary Public Harrisburg. Dauphin County M~missionExPireSJun.6,2002 NOTA V PUBLIC 'A 'r 01 NotarieS Member, Pennsylva",a 8SOCla Ion 'My commission expires June 6, 2002 . CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COUR1HOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO" Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 322.65 1.50 324,15 pulblisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. B~.....,.,.,.,.,.,.,.,.,.,.,.,.............-..,.-.,.,.,.,.,.,.,.,.. - < .. Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me 23.53 25.00 26.50 $ 904.49 pd by atty 12/07/00 So ~~'.~€~~';"4 R. Thomas Kline, Sheriff This U~ Day of~ 2000, A.D.QJ'" () tvu jRLv i #' P onotary By -PQ:~".:. Jp:tr Real Estate Deputy (Vp4 o..u gPuV {,:"..o c..JG 31) '7/.:1 '30 '1 P-u JV) -~~ ,'. . J SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-00564 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NORTH AMERICAN MORTGAGE CO VS SCHRAGA CHRISTIAN B ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SCHRAGA CHRISTIAN B but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , SCHRAGA CHRISTIAN B DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING, AWAITED ALTERNATE ADDRESS FOR SERVIGE AS PER ATTY, NO FURTHER INSTRUCTIONS RECEIVED, PAPER EXPIRED ON 3/1/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 6.20 5.00 10.00 .00 39.20 SO~~~~ R. homas Klin~'-' c---~ Sheriff of Cumberland County WELTMAN, WEINBERG & REIS 03/22/2000 Sworn and subscribed to before me this ,"!::: day of f);U,-/J c2()-O-U A . D . Qtt". C ~,~ Pr t onotary "-0; I" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO. .;;. 000 - SJ:, I coc:rT~ Plaintiff, ISSUE NO.: V. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, CODE: Defendant TYPE OF PLEADING: TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. IS CO" L.P.A. COMPLAINT IN MORTGAGE FORECLOSURE AND THE DEFENDANT IS: 1426 Timber Chase Drive, #38 Mechanicsburg, PA 17055 FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JON A. McKECHNIE, ESQUIRE Pa.I.O.#36268 I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: c/o Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WELTMAN, WEINBERG ~L.P.A. By~~~;lINTIFF - I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 1426 Timber Chase Drive, #38 Mechanicsburg, PA 17055 Hampden Township; Cumberland Co. WELTMAN, WEINBERG & REI, CO., L.P.A. By~~~'-\l~ A . RNEYS FOR PLAINTIFF WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#01781553 '--- TRUE COpy FROM RECORD IIlT6stimonywllereof,II1er8Ul!tllS$tmyhand and, tile saal of said. coo, ~.at Carlisle, Pa. T~~S:: ~apo~ ~~l-~~ honotarJ !t' >,- -' I ,-, ,- ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPNA Y, NO: Plaintiff, v. CHRISTIAN SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant NOTICE TO DEFEND 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: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 k ,'. ,-, ' ",; i ' -~ 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: v, CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff North American Mortgage Company, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.PA, and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is North American Mortgage Company, lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2, The Defendant is Christian B. Schraga, an adult individual whose last known address is 1426 Timber Chase Drive, #38, Mechanicsburg, PA 17055. 3, On or about September 17, 1998, the Defendant executed a Note ("Note") in the original principal amount of $80,150.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4, On or about September 17, 1998, as security for payment of the aforesaid Note, the Defendant, through a power of attorney recorded in Record Book Volume 588, Page 935, made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $80,150.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on September 21, 1998 in Mortgage Book Volume 1483, Page 986. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. ,".1 1-- u'-' 5. The Defendant is the current record and real owner of the aforesaid mortgaged premises. 6. The Defendant is in default under the terms of the aforesaid Note and Mortgage. 7. Demand for payment has been made upon the Defendant by Plaintiff, but Defendant was unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 8. Plaintiff was not required to send Defendant written notice of Plaintiff's Intention to Foreclose Mortgage pursuant to 41 P .S. !l403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in to 41 P.S. !l101. 9. Plaintiff was not required to send Defendant written notice pursuant to 35 P .S. !i1680.403c (Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to the commencement of this action for the reason that the Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest thru 1/1/00 Late Charge Attorneys' Fees Other Charges TOTAL $ 79,573.43 $ 2,436.56 $ 133.70 $ 800.00 $ 50.00 $ 82.993.69 11. Contemporaneously hereunder. Defendant has been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice. attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $82.993.69. with interest thereon at the rate of $16.03 per diem from August 1, 1999, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. .i._- "-,. J , ., THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN. WEINBERG & REIS CO.. L.PA ~~~l~- Jo A. McKechnie. Esquire Pa.I.D.#36268 Attorneys for Plaintiff 2718 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ';; , " ,~ - - I ~-: NFMS A10 Multistate . Ir---IrL ~u ~~:)!l/'- . ,~, ('" ."" t...,. ,lrtIb t;i ~ t'-.',;,~ IMD (MtV!i.. \ 5373961-683 FHA Case No. 441-5799177-734 NOTE "-:f.-i SEPTEMBER 17, 1998 matel 1426 TIMBER CHASE DRIVE #38, MECHANICSBURG, PA 17055 , (Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NORTH AMER I CAN MORTGAGE COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan recei ved from Le;der, Borrower promises to pay the principal sum of ONE HUNDRED FIFTY AND 00/100 EIGHTY THOUSAND Dollars (U.S. $ 80,150.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement ofthe loan proceeds by Lender, at the rate of SEVEN AND 25/100 percent ( 7.250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might resultif Borrower defaults under this Note. j , 4. MANNEROFPAYMENT (A) Time Borrower shall make a payment of principal and interest to L~nder on the first day of each month beginning on NOVEMBER 01 ,1998. Any principal and interest remaining on the first day of OCTOBER 2028 " will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 546.77 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied ta principal, interest and other items in the order described in the Security Instrument. (D) Allangeta this Nate far payment adjustments . If an allonge providing for payment adjustments is executed by Borrower together wi th this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] o Graduated Payment Allonge 0 Growing Equity Allonge 0 Other [specify] 5. BORROWER'SRIGHTTOPREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If FHA Multistate Fixed Rate Note ~ 10/95 G\-1RI960lJ , P"" 1 ~M; MORTGAGE FORMS - 18001~~;:;:~:,~k ~ 1\11\11111111\111\111111111111\1 11\1111\11\111\11\ 111111111111111I1111111111111\\ IR EX!'lIBlT~~_ tt ._," " .' ~ - "" ,~ ~ . , Borrower makes a partial prepayment, there will be no changes in the due date 01 1~ the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY" (A) Late Charge for Overdue Payments If ~ender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( , <1.0 . %) of the overdue amount o.f each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in fl,lll of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Co.sts and Expen;;s If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to. require Lender to give notice to ather persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it o.r by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different ad'dress. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a no.tice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do. these things. Any person who. takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and co.venantscontained in this Note. ~"'" g.~~~ ~Mm.:.~)~ lu ~~A~~~H A -Borrower (Seal) (Seal) -Borrower (Seal) -Borrower ~Borrower (Seal) (Seal) -Borrower ~Borrower (Seal) (Seal) -Borrower wBorrower G\-1RC9601J Page2of2 > By WITHOUT RECOURSE, PAY TO THE ORDER OF "j\'. NORTH AMERICAN MORTGAGE COMPANY@ A DelaW3Je Corporation /-- - Rob Wallace Vice President ~ ,- -,-- " , . ...U ,,~ ' O~ ~. '" ~ p' fIJ'\? 3 ;;L6 (J ~ G '\ ~ :.... I . ", . .... '~: ;-: ;: '- .- . . ..' :ji' .~::-; 'l~' ..~~ i;;'M"UiUIJD COUN:I'~ :',. , '.... ORIGINAL '98 SfP 21 fll'l10 59 WHEN RECORDED MAIL TO: NORTH AMERICAN MORTGAGE COMPANY P.O. BOX 808031 PETALUMA, CA 94975-8031 Parcel Number: DOC MANAGEMENT AU 054 (Space Above This Line For Recording Datal M~~Tmonwe:~~h of Pennsylvania' "",' M 0 R TG AGE FHA Case No, 441-5799177-734 5373961-683 THIS MORTGAGE ("Security Instrument") is given on SEPTEMBER 17TH, 1998'---/ The Mortgagor is CHR (AN B SCHRAGA ("Borrower"). This Security Instrument is given to NORTH AMER I CAN MORTGAGE COMPANY---- which is organized and existing under the laws of DELAWARE and whose address is 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 ("Lender"). Borrower owes Lender the principal sum of EIGHTY THOUSAND ONE HUNDRED FIFTY AND 00/100 ~. Dollars (U.S. $ 80,150.00). This debt is evidenced by Bor~er's note dated the same date as this Security Instrument ("Note"), which provides for monthly prents, with the full debt, if not paid earlier, due and payable on OCTOBER 01 2028 ' . This Security Instrument secures to Lender: (a) the repayment of the debt evid~nced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security FHA Pennsylvania Mortgage ~ 4/96 G-4R(PA) (9604),01 Ii> VMP MORTGAGE FORMS - (BOO)521-?2~lJ c::::... Page 1 of 8 Initials: <:...Ji>--) 1111111111111111111111111111111111111'11111,11111111 11111111111111111.111111111111111111 ~. mr' '.'8"'11" ,.,.."'."... .\.!.,...... 'i~.';, ....,. ; _ ,'" " ',' ." . '-, -' .. ----- Bood483 rAGE~86 -, ".-- 1'----, " Instrument and the Note. For this purpose, Borrower d~~ hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsylvania: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. which has the address of Pennsylvania 17055 1426 TIMBER CHASE DRIVE #38, MECHANI CSBURG ____ [Zip Codel ("Property Address"); (Street, City], TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property, " BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrowerwarrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. ' Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. I. Payment of PrinCipal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and lat~ cMrges due' under the Note. 2. Monthly Payment of Taxes, Insuran,ce :~O:d Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as Set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be':!evied ~gainst the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums f9!" i~,surance !required under par~graph 4. In any year in which the Lender must pay a mortgage insurance premIUm to the ; Secretary of HouslOg and Urban Development ("Secretary"), or in any year in which such premil'm Would have been required if Lender still held the Security Instrument, each monthly payment shall also incluqe either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or. (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Se~retary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA "), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premi urn. G\-4R(PA) (9604).01 Pagll 2 of 8 Initials:C~ BOOK1483 PAGE' .987 , ._ c\,," 1-- If the amounts held by Lender for Escrow Items e~~;'ed the amounts permitted to be held by RESP A, Lender shall account to Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESP A. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, ~rrower's account shall be credited with any balance remaining for all installments for items (a), (b), and 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance pr~mium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special. assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a forl!l acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. , 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is .vacant or abandoned or the loan is in default. Lender m~y take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be III default if Borrower, during the loan al?plication process, gave materially false or inaccurate information or statements to Lender (or failed to prOVide Lender with any material information) in connection with the loan G\-4R(PA) (96041.01 PagQ J of 8 Initials: Ct& ~ Bood 483 PAGE ..988 c "" J "':f~ evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation., The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the .extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. ' If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within IO days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 34I(d) of the Garn- St. Germain Depository Institutions Act of 1982, 12 U.S.c. 170Ij-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: G-4R(PA) '.604),01 Ii> Page 4 of 8 InitiaIS:~ Bood483PAGE ~89 Ji ~.- <~~_H ,,,, '~-' " ~ -, :j '~, " ", (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property is sold or otherwise transferred (other than by devise or descent), and ' (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. ' (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its optjpn, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatemen.t by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclos.ure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Securi ty Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. G -4R(PA) (9604),01 '" Page 5 of 8 Initial$:~~ BooK1483 PAGEJJ90 o#>'" , ."-"- - ""If! Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. ' 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or~storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laIVs of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constiiutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. G0-4R(PA) (9604).01 PaS8 6 of 8 InitiaIS:~ Bood483rAGE '~91 I M2PA '":fJ 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.c. 3751 et seq. ) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate>ahd become void. After such occurrence, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the 1\'ote or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and ,recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)J. UI Condominium Rider 0 Growing Equity Rider o Planned Unit Development Rider 0 Graduated Payment Rider o Other [specify] _ -4R(PA) (960"01 .. PagG 7 of 8 Initi8IS:W) Bood483 rAGE~92 .,' '" ;\,; 0 ~~- ,-, . . . '"it_, BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. W~jjj tf;WL (Seal) -Borrower (Seal) (Seal) ~ ~Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Certifica!p-Qf Residence " t-Y'"\. fA. (; ';fl "-1 c:- I, t:::: I ( ;: d bi'+I-/l r-'.' Il-Vu/l L- f ) , do hereby certify that th;ccorrect_address of the withitmamed Lender is r7; <- - (' 4- cA7 C7 f C '''-. -3S~ 3 CU/L[<.J~CI Dnl~ ,::5CUl-I'{;'.L.. ICA:..J,/ ./~., ..;;y..J Witness my hand this I)-Ih day of Y(Jlfty}~/, t c:; '( y. , ' .. {2~,fpezA j:!J;rX/UM;;ty (,) Agent o~jder COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the /7Ai day of ~ 199.! ,before me, the undersigned officer, personally appeared CHRISTIAN B SCHRAGA, b':) ~e<" 'i\\c,ne')\", s:'a..c.J,., 1--.c.-,e. A. Da5(:ir''''' known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: tI~ I!!-- V~, Tiff! 1;.~ L?~' <',:'::'-'." 7?' .',' "",--"'--,,-..--' '.' :,'" <i'" -:'.,,;.., ,,,"", "'d~~;.) G -4R(PA) '" NOTARIAL SEAL VICKIE R. WEI.i'f" "otary Public Camp HW,"', :' C11mty '9. 4M~Commis,",;, c" ,c"',.-,1,1999 Page a of a aood483fAGE.993 . , "" -~ t, First American Title Insurance Company .'tf..j Commitment Number: 980341 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN UNIT, BEING Unit No. 1426 ("Unit") of Timber Chase, a Townhome Condominium {the ncondominium"}r located in Hampden Township; Cumberland County! Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase_,,;. A townhome Condominium (the I1Declaration of Condominium") and Declaration Plats and ,Plans recorded in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 508, Page 602 and right of way Plan Book 11, Page 12; as amended in Misc Books 513, page 360; 524, page 978; 528, page 938; 533, page 87; 540, page 235 and 544, page 1020; and in right of way Plan book 11, pages 15, 23, 31, 43, 54 and 66 respectively. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium I as last amended. TOGETHER with the right to use the Limited common Elements applicable to the unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any ann all covenants, conditions, restrictions, rights of way, easements, and agreements of record in the aforesaid office, the afforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. ALTA CO[JU1litment Schedule C ,',~;",:-L " "'.".~.\ ~:';''1,,'' ";"~\:,.:.} 1~'! /0 ;,.~-- ",,,~ l ," .,,-,.1<(' ,~, "k ,;,v. r . ':{l;~;~~~::~~:~",l~f): ~;(fi:,:?\ ,'", r '''''''1, ~" ..of.," , '. ,\,~;~, f" i~~~' - ~ .~ .,; ~'.~-,C~.(:, . .':hf":' ';})"':~!-!'i if, -i\." t.:-~~\.d.~,l 1- ~~j "~'&l .;~ "!<: ...;',...,:....,j ,.> h -,;.: ."..,iE:-r.'~' .... ~_ \ . ~'::".~!(.l.' ;',"€i1 {:r.'1.f/t.'iJ: ,'j. to. ~r.:".i.~,"'. .,_:;:<;,y ~-~:~i&~:; ::~~:..' ,~~~ii1~;' )I",;",!,'A~,",' '.,'i!)"t , ",\~"..;t)~,i \.' ~~,i?~- ';,L!t~." ' ,,~,,;, /.:i( :"tv. ,.?t~,~^~ _ ' l;~iJ , n "l'hl';''"!I?'} ~+<;lt-::.O 1'~nr.-;-.,'L.'" o~ .Jl.. ;; - , ". 'r. ~.,.,._,,",...,...(l 00 (<O!\,..t'~\! 0: ,-.U, ,1\.";:" if"'''' l.-. '''ordion of Deads ..... '"'" ',__ ' ".._' "i..",,:-, In; 11le rbl. ' i;l "~,,' i'M",j' ,~y ;',',' ,",;',\; K~,>"'~r,d COU,f\ty,/fl&{p "'~'-'6:;,:[}~;+:;i-~;i.~,~ag~~+ 1c;\~ '~'c :_~___ day ~_.- " ecor, BooK1483PAGE .994 ,-,__ I', , ~", , FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof,the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 3D-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name ofthe original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. t' ",' EXHIBIT L ""'" '" ","""' , " VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. ~ 4904 relating to unsworn falsifications to authorities, that helshe is Timothy R. Hapeman Vice PresirlA'lf , of ~DI'l..r1\ ~t-.\6tllcAt-1 t-A b(l.fb~ , plaintiff herein, (TITLE) (COMPANY) that he/she is duly authorized to make this verification, and that the facts set forth in the belief. I I I I I , I I I I I I I i I i i I I I j foregoing Complaint are true and correct to the best of his/her knowledge, information and Schraga:01781553 " ''>;,' '~,$: - ~~ /I7'j 7CQ~'O~1 ~dH:V DCiDZ'L'u<i r.IG:" ~, :liViJ - C IfFJ ..' ~..,."., ,.- -" >, -~ ~I --"", .~, ~~EW(~_':1F T,F:~ S!:i"~t~!\_~~,F I~ I .'~.. I~ /~ f~8 2 25 fH 'QQ './]-, P. E H i-I ';~) ,'( :_ "~ ,\ (-~ I A -JJIil!IIJiIIJM,!!tI", _.!:l ,;[~j]'lrilmQ~....",,.,.....,.....,,.,...,'!O^!!.~ "'--~' ,~ " ~I < ,<;1.,..11 U~~ , ,.: ,- '~ ;..-; "~;~ . MAR242~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, No: 2000-564 Plaintiff, v. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant AND NOW, to wit, this ORDEROF~ ~ 41 day of .A900;-Upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve Defendant(s), Christian B. Schraga, by his Attorney-in-fact, Lorie A. Pagana, with the complaint in mortgage foreclosure, by posting the property located at 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055 and by mailing the complaint by certified mail, restricted delivery, return receipt requested and by first class mail, certificate of mailing, to 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055, with service to be complete and valid upon posting and mailing. \ ~ J4>>- 3-30 -00 RI<S , i'",.,."". _~..,.,,' . .I ,.,,_ , [~,- <~,.. ~7LE[)-OFF!CE OF !'cr' r>rOn'ii-ir'I"!,~),,,,'tJy , -k , r -,J ',' 'C__"'" r/"":l aD "MR 27 Al'll1: 25 CUM8ENU\J\iQ COUNTY PENNSYLVANIA ~H~,l!lll_,~ . ,-.11- I;.U~ "~ , .LL~~""r--~~~ . ,,~ . , ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, CASE NO. : 2000-564 Plaintiff, v. CODE: CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant TYPE OF PLEADING: MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND ORDER OF COURT FilLED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Jon A. McKechnie, ESQUIRE Pa.I.O.#36268 WELTMAN, WEINBERG & REIS CO" L.PA Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#01781553 -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, No: 2000-564 Plaintiff, v. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT And now, comes Plaintiff, North American Mortgage Company, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.PA, and files this Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about January 31, 2000, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant(s), Christian B. Schraga, by his Attorney-in-fact, Lorie A. Pagana, at the above- captioned number and term, 2. On or about January 31, 2000, the Plaintiff delivered to the Sheriff of Cumberland County a copy of the Civil Action-Complaint in Mortgage Foreclosure filed by Plaintiff at the above-captioned number and term along with directions requesting that Defendant(s) be served a copy of the Complaint in Mortgage Foreclosure at hislher last known address being 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055. ~. ~ ".~ "~" 3, On or about February 16, 2000, Plaintiff was informed by the Cumberland County Sheriff's Office indicating that the Cumberland County Sheriff was unable to seNe the Defendant(s), Christian B. Schraga, by his Attorney-in-fact, Lorie A. Pagana with a copy of the Complaint in Mortgage Foreclosure 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant(s) and the reasons why seNice of the Complaint in Mortgage Foreclosure cannot be made, is marked Exhibit "A", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff to seNe Defendant(s), Christian B, Schraga, by his Attorney-in-fact, Lorie A Pagana, with the complaint in mortgage foreclosure, by posting the property located at 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055 and by mailing the complaint by certified mail, return receipt requested and by first class mail, certificate of mailing, 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055, with seNice to be complete and valid upon posting and mailing. WELTMAN, WEINBERG & REIS CO., L.PA ~~~~~. Jon A. McKechnie, Esquire Pa.I.D.#36268 Attorneys for Plaintiff 2718 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ,- ~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, No: 2000-564 Plaintiff, v. CHRISTIAN B, SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant PA. R.C.P. RULE 403 fa) AFFIDAVIT Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Jon A. McKechnie, attorney for the Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant(s), Christian B. Schraga, by his Attorney-in-fact, Lorie A. Pagana, named in the above-captioned matter. 1. On or about February 15, 2000, Plaintiff sent a Postal Verification to the Postmaster for Mechanicsburg, Pennsylvania 17055. 2, On February 25, 2000, Plaintiff received a response from the Postmaster indicating that the mail is "No change of address on file" to 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055. A true and correct copy of the Postal Verification is marked as Exhibit "B", attached hereto and made a part hereof, 3. Plaintiff conducted a search through directory assistance; said search failed to yield any information regarding the Defendants current address. 4, Plaintiff conducted a search in the Voters Registration Office of Cumberland County; said search failed to yield any information on the Defendants current address, 1i".~"~nUT 0_ A ' - I 5. Plaintiff conducted a search in the Tax Assessment Office of Cumberland County; said search confirmed Defendant to be the owner of the property located at 1426 Timber Chase Drive, Mechanicsburg, Pennslyvania 17055, Finally, affidavit deposes and says that after the foregoing investigation, the exact whereabouts of Defendant, Christian B, Schraga, by his Attorney-in-fact, Lorie A. pagana, remains unknown to the Plaintiff. NotarV;lI Seal Kim M. Jones,Notary PublIc Pittsburllh, Alieqheny County My Comnll$sTon ExPlI'ElsJune 12,:rooo ' MIlI11beI; f>eiinSYlWnla ASsoaalliin WELTMAN, WEINBERG & REIS CO., L.PA ~~~c.~L< Jon A. McKechnie, Esquire Pa.I.D.#36268 Attorneys for Plaintiff 2718 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (413) 434-7955 ,2000, Ndtary Public -~ ~ - - February 15, 2000 Postmaster Mechanicsburg, PJlH j Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Christian 13. Schraga " ' Address: 1426 Timber Chase Drive,~ Mechanicsburg, PA 17055 NOTE: Thenameand,last knpwnaddress are required for change of address information. The name, if known, and post office box address are required for boxholder information, The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for1>roviding boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b, 1. Capacity of requester: Jon A, McKechnie, Esquire, Attorney for Plaintiff 2. ,Statute or regulation that empowers me to serve process: N/A 3. The names of all known parties to the litigation: North American Mortaaae vs, Christian B, Schraaa. bv his attornev-in-fact. Lorie A. Paaana 4. The Court in which the case has been or will be heard: Court of Common Pleas of Cumberland Countv 5. The docket or other identifying number if one has been issued: 2000-564 6. The capacity in which this individual is to be served: Defendants WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation, ~kAA (/(JOu~d Ignature Beth A. Valecko. Paraleaal Printed Name WELTMAN, WEINBERG & REIS CO., L.P.A. 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 FOR POST OFIFCE USE ONLY BOXHOLDER'S POSTMARK _Not know at address given, _Moved left no forward address, No such address. 'j( No change of address on file. XXX PLEASE INDICATE PHYSICAL ADDRESS " ..,. NEW ADDRESS or NAME and STREET ADDRESS File No: 01781553 ..'..'56..,'...' , F}{~IBIT . ...- -... .....,...,," CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court and Order of Court were mailed to the following on this a~ day of trI~R~\\ , 2000, by first class, U.S. Mail, postage pre-paid: Christian B. Schraga, by his Attorney-in-fact, Lorie A. pagana 1426 Timber Chase Drive Mechanicsburg, Pennsylvania 17055 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.PA ~~t.~. Jon A. McKechnie, Esquire Pa.1.0.#36268 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (414) 434-7955 - ~- I,~" ~ ~- ~ ~.._, 'i : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, No: 2000-564 Plaintiff, v. CHRISTIAN B, SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant ORDER OF COURT AND NOW, to wit, this day of , 1999, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve Defendant(s), Christian B, Schraga, by his Attorney-in-fact, Lorie A. Pagana, with the complaint in mortgage foreclosure, by posting the property located at 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055 and by mailing the complaint by certified mail, restricted delivery, return receipt requested and by first class mail, certificate of mailing, to 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055, with service to be complete and valid upon posting and mailing, BY THE COURT: J. lf~';' 11' J.: r,~ ~ ~ I'~~ - ~lOO.il l:ll"'j~'llillclf;li~~ <'~ .~. -., ,~, (') 0 0 C c:> 'Tl :S~ :-'~ -..-; -00) :;::-::-> i~~ rnf1"'1 ;;;0 :Z:D N --;rl-- U5~ f'-> 'L~~) )-, -<.-iC:_. ~ -1,,,-j t;2CJ --0 -.,.-....,.., ~O :x ~6 -0 Cd Om )>c -< Z N .". :2 -.J ~ If Wt' '''"'~'''"'~; , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO.: 2000-564 Plaintiff, ISSUE NO,: v. CHRISTIAN B. SCHRAGA, by his Attorney- in-fact, LORIE A. PAGANA, CODE: Defendant TYPE OF PLEADING: PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE FilLED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JON A, McKECHNIE, ESQUIRE Pa, I.D. #36268 WELTMAN, WEINBERG & REIS CO., L.P.A, Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#01781553 <,- . ~,-i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO: 2000-564 Plaintiff, v. CHRISTIAN B. SCHRAGA, by his Attomey- in-fact, LORIE A. PAGANA, Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above-captioned matter. Jon A. McKechnie, Pa.I.D,#36268 Attorneys for Plaintiff 2718 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ({,~..., , .IlilU ~O~IiillI.Y~~~'~-.____.""- -. " " 0 0 0 C 0 -n 5: :t>' ,..-1 -00:; "0 i::Fi-;:~! [lJr~' ::;0 z::H .r~~id ZC c' ~~~:: (' , l~'l~~) !;=C -0 ',- " ~ ..';~. ,-I .j_.~, -'- ~C) ~o '-:: (5'-;; PC Z W > :<! ::D -, E: ""~ ^ ,I ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH AMERICAN MORTGAGE CO VS SCHRAGA CHRISTIAN B ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland county, Pensylvania, who being duly sworn according to law, says, the within REINST. COMPLAINT MORT-FO was served upon SCHRAGA CHRISTIAN B the DEFENDANT , at 0014:25 HOURS, on the 14th day of April , 2000 at 1426 TIMBER CHASE DRIVE MECHANICSBURG, PA 17055 by handing to CHRISTIAN SCHRAGA a true and attested copy of REINST. COMPLAINT MORT-FO together with NOTICE and at the same time directing His attention to the contents thereof. Posted Property at above address Sheriff's Costs: Docketing Service Posting Property Surcharge 18.00 8.68 6.00 10.00 .00 42.68 So Answers: r"~~t R. Thomas Kline 04/18/2000 WELTMAN, WEINBERG & REIS me this ~ Ie; ~ day of By' JJ. ~ " .(1 J'\ nAl71.- /t,. U'ld-r, Aj' Deputy Sheriff Sworn and subscribed to before ~ ~covi) A.D. ~Q.)u<.(lb"i~ " P otllonotary ~ ~. ,'. ,~I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff No. 2000-564 vs, CHRISTIAN B, SCHRAGA, by his Attorney-in-fact. LORIE A. PAGANA, PRAECIPE FOR DEFAULT JUDGMENT Defendant I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: clo Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bulldin9 436 Seventh Avenue Pittsburgh, PA 15219 AND THE DEFENDANT IS: 1426 Timber Chase Drive Mechanicsburg, PA 17055 JON A. McKECHNIE PA J.D. NO, 36268 Weltman, Weinberg & Reis Co" L.P.A, 2718 Koppers Building 436 71h Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#01781553 0., L.P.A, THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "'"--'~~' ~~ "--~, t;li _",. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff No. 2000-564 vs. CHRISTIAN B, SCHRAGA, by his Attorney-in-fact, LORIE A, PAGANA, Defendant PRAECIPE FOR DEFAULT JUDGMENT il TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Christian B. Schraga, by his attorney-in-fact, Lorie A. Pagana, above named, in the default of an Answer, in the amount of $87,061.57 computed as follows: Principal Interestthru 5/15/00 at the legal interest rate of $16.03 per diem Late Charges through 5/15/00 Pro Rata MIP/PMI Escrow Advance Total Fees Other Fees Due (Property Inspection) Recoverable Balance Attorneys fees Title Search TOTAL $79,573.43 $ 5,008.73 $ 271.00 $ 65.84 $ 562.11 $ 14.00 $ 120.96 $ 595.50 $ 800.00 $ 50.00 $87,061.57 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C,P, 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., LPA By: ~~S\C,,-t-L JON ,McKECHNIE Weltman, Weinberg & Reis Co., LPA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 ~~ ~~ ... ,"", ~~~ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned ". further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others, WELTMAN, WEINBERG & REIS CO" L.PA By: ~~'-\'-'-LcL. JON ,McKECHNIE Weltman, Weinberg & Reis Co" L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 -"""- "~1i",,,, IN tHE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORIGAGE COMPANY, Plaintiff vs. CHRISTIAN 8. SCHRAGA, by his Attorney-in-fact, LORIE A, PAGANA, Defendant Civil Action No. 2000-564 --IMPORT ANT NOTlCE-- TO: Christian B. Schraga, by , , his attorney-in-fact, Lorie A,Pagana 1426 Timber Chase Drive Mec:hanicsburg, PA 17055. Date of Notice: May 2, 2000 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17D13 717-249-3166 WELTMAN, WEINBERG & REIS CO., L.P .A. By: ~Y-. ~,,\,-~L Jon A. McKechnie Weltman, Weinberg & Reis co. L.P.A. 2718 Koppers Building 436 7'h Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. l~llI~~Mi~i~'__'lil!l(""-iL"ill:l1;~I__k!t~D-- ~"'- ~ i" J, v, '"'~ ,"^ _~~~, .">"~~, ,~ ,._p~,~Y","' ,I, ,~ ~',,_ . .- ~,~...~ *~~ ... " "I' ',,- t ~ ~ -&q. -;-0 0 E 0 ~ () 0 0 !~ --'1'1 m :x: .-f '" f! J> :-X:"Tt -..0 :0 -< ' rnr-=: ~ -..> 5; to) ">::':l'll 0 "';S ~ ~4 . i~j ~ ~ !<'O -" :ti~,: r: ~i- i8 :::JI: (5:0 7.::0 ~ W (5rn to) ~ <cO -< -~~ """-=-' "" "", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff NORTH AMERICAN MORTGAGE COMPANY, vs, CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendants No, 2000-564 NOTICE OF JUDGMENT OR ORDER ,~ TO: CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, ( ) Plaintiff (xx) Defendant ( ) Garnishee " You are hereby notified that the following Order or Judgment was entered against you on ( ) Assumpsit Judgment in the amount of $ (XX) ( ) ( ) ( ) ( ) ( ) (xx) ( ) ( ) f'Y1..:ai JO, ~() plus costs. Mortgage Foreclosure in the amount of $87,061.57 plus costs, Trespass Judgment in the amount of $ plus costs, If not satisfied within sixty (60) days, your motor vehicle operator's license andlor registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. Entry of Judgment of Court Order Non-Pros Confession Default Verdict Arbitration Award THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . . <;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, V. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. IS CO" L.P.A. I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: c/o Weltman, Weinberg & Reis Co., L.P,A, 2718 Koppers Buildin9 436 Seventh Avenue Pittsbur9h, PA 15219 AND THE DEFENDANT IS: 1426 Timber Chase Drive, #38 Mechanicsbur9, PA 17055 WELTMAN, WEINBERG ~L.P.A. By~~~;lINTIFF - I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 1426 Timber Chase Drive, #38 Mechanicsbur9, PA 17055 Hampden Township; Cumberland Co. WELTMAN, WEINBERG ~.A. BY~~~~INTIFF NO. .;JOO 0 - S'(" Y C~lL~ ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JON A. McKECHNIE, ESQUIRE Pa.I.D,#36268 WELTMAN, WEINBERG & REIS CO" L.PA Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#01781553 - - .6 ,! ,',' ",,' .- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERiCAN MORTGAGE COMPNAY, NO: Plaintiff, v, CHRISTIAN SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant NOTICE TO DEFEND 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: LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -,- ,"" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: clh.rv - S, 'f C1;J ~ v. CHRISTIAN B, SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff North American Mortgage Company, by and through its attorneys, WELTMAN, WEINBERG & REIS CO" L.PA, and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is North American Mortgage Company, lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2, The Defendant is Christian B. Schraga, an adult individual whose last known address is 1426 Timber Chase Drive, #38, Mechanicsburg, PA 17055. 3, On or about September 17, 1998, the Defendant executed a Note ("Note") in the original principal amount of $80,150,00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof, 4, On or about September 17, 1998, as security for payment of the aforesaid Note, the Defendant, through a power of attorney recorded in Record Book Volume 588, Page 935, made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $80,150,00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on September 21, 1998 in Mortgage Book Volume 1483, Page 986. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. l"_ 5. The Defendant is the current record and real owner of the aforesaid mortgaged premises, 6, The Defendant is in default under the terms of the aforesaid Note and Mortgage. 7, Demand for payment has been made upon the Defendant by Plaintiff, but Defendant was unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 8, Plaintiff was not required to send Defendant written notice of Plaintiff's Intention to Foreclose Mortgage pursuant to 41 P.S, !l403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in to 41 P.S, !l101, 9, Plaintiff was not required to send Defendant written notice pursuant to 35 P.S, ~ 1680.403c (Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to the commencement of this action for the reason that the Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act. 10, The amount due and owing Plaintiff by Defendant is as follows: TOTAL $ 79,573.43 $ 2,436.56 $ 133.70 $ 800.00 $ 50.00 $ 82,993,69 Principal Interest thru 1/1/00 Late Charge Attorneys' Fees Other Charges 11, Contemporaneously hereunder, Defendant has been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $82,993,69, with interest thereon at the rate of $16.03 per diem from August 1, 1999, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. . ~" I';' _- .J', - I THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., LP.A, ~~~l~- Jo A, McKechme, Esquire Pa.I.D.#36268 Attorneys for Plaintiff 2718 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 1-. ,~. > ':, NFMS A10 Mu\tistate , . Ir--If II ^ ~U_,,~l!l/~ M".' l\t / ,,," ,," 'W W ij"o{,'/i.'t'& '.. {OiU('~ 5373961-683 . FHA Case No. 441-5799177-734 NOTE '"if!/; SEPTEMBER 17, 1998 matel 1426 TIMBER CHASE DRIVE #38, MECHANICSBURG, PA 17055 , (Property Address] I. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NORTH AMERICAN MORTGAGE COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY THOUSAND ONE HUNDRED FIFTY AND 00/100 Dollars {U.S. $ 80,150,00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement ofthe loan proceeds by Lender, at the rate of SEVEN AND 25/100 percent ( 7.250 %) per year until the full amount of principal has been paid. 3. PROMISETOPAYSECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. ~ 4. MANNEROFPAYMENT (A) Time Borrower shall make a payment of principal and interest to ~/lder on the first day of each month beginning on NOVEMBER 01 ,1998 . Any principal and interest remaining on the first day of OCTOBER 2028 "will be due on that date, which is called the "Maturity Date," (B) Place Payment shall he made at 3883 A I RWAY DR I VE, SANTA ROSA, CA 95403 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will bein the amount of U.S. $ 546.77 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] o Graduated Payment Allonge 0 Growing Equity Allonge 0 Other [specify] 5. BORROWER'SRIGHTTOPREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If FHA Multistate Fixed Rate Note - 10195 G\-1RI9601l P.,. , ~M; MORTGAGE FORMS . laOOI~~::;:~:~~ ~ 111I111111111111I1111111II11111111I1UIII\llllllIllllIlllllllll11I1111111111111111111 EXHIBIT~~_ ~~ ~ ~""'-'- - , i Borrower makes a partial prepayment, there will be no changes in the due date o. l~ the amount of the monthly payment un] ess Lender agrees in wri ting to those changes. 6. BORROWER'S FAILURE TO PAY '," (A) Late Charge for Overdue Payments If tender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment ill full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (Cl Payment of Costs and Expens~s If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts dUe. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different adliress. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF,PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who. takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants'contained in this Note. ~""' g.~~,-~~~)~ lu ~~AtJ2l~CH A -Borrower (Seal) (Seal) -Borrower (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower ~Borrower (Seal) (Seal) -Borrower ~ Borrower G\-1R(9601l Pa98 2 of 2 . ~,~ :,-- ,,"> -,-, WITHOUT RECOURSE, PAYra THE ORDER OF . ':'f~ NORTH AMERICAN MORTGAGE COMPANY@ ~Delaware~ /- 8y - Rob Wallace Vice President ,< - 3 ~6 () l? e.... fl' flJliI,~ , \. H ~: : ;;. ,,-.~:,,--:_::~""': ~.' :;r- ;):.;_J5 "<f.f ,-,' 1~:.~t.:\L.!dJD COUNTV- f'( . I"" ORIGINAL '98 SEP 21 AI'l10 59 WHEN RECORDED MAIL TO: NORTH AMERICAN MORTGAGE COMPANY P.O. BOX 808031 PETALUMA, CA 94975-8031 Parcel Number: DOC MANAGEMENT AU 054 [Space Above This Line For Recording Datal ~~'rmonwe:~~h of Pennsylvania ' ~ M 0 R TG AGE FHA Case No, 441-5799177-734 5373961-683 THIS MORTGAGE ("Security Instrument")is given on SEPTEMBER 17TH, 1998----- The Mortgagor is CHR (AN B SCHRAGA ("Borrower"). This Security Instrument is given to NORTH AMER I CAN MORTGAGE COMPANY- which is organized and existing under the laws of DELAWARE and whose address is 3$83 AIRWAY DRIVE, SANTA ROSA, CA 95403 ("Lender"). Borrower owes Lender FIFTY AND 00/100 the principal sum of EIGHTY THOUSAND ONE HUNDRED ..,...----- Dollars (U.S. $ 80,150,00). This debt is evidenced by Bor~er's note dated the same date as this Security Instrument ("Note"), which provides for monthly prents, with the full debt, if not paid earlier, due and payable on OCTOBER 01, 2028 ' . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security FHA Pennsylvania Mortgage - 4196 G\-4R(PA) (9604).01 VMP MORTGAGE FORMs - (800)52'-~~lJ' ~ Page10fS Initials;~ 11111111111111111.111111111111111111111111111111111 IIIIIIIMIIII:IIIIIIIII~IIIIIIIIIIII _~'O"_" h EXH'IBIt'i7!;, ,"','''''C'., , ,-' _;~'~! ~f':: _.,' - . .' ,.,,"'.:, ~,'-'. '--.. Bood483PAGE 1986 '. Instrument and the Note. For this purpose, Borrower do~ hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsyl vania: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. which has the address of Pennsylvania 17055 1426 TIMBER CHASE DRIVE #38, MECHANICSBURG_ [Zip Code] ("Property Address"); [Street, City], BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 'I , , , ;1 ;i " i, Ii , ii TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. ' Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS, 1. Payment of Prin:cipal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. G\-4R(PA) (96041.01 Page 2 of 8 InitiaIS:C~ BooK1483 PAGE "1987 -- ~-~' ";'; "$ If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESP A, Lender shall account to Borrower for the excess funds as required by RESP A. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESP A. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly~ortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a forIl} acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is ,vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan aI?plication process, gave materially false or inaccurate information or statements to Lender (or failed to prOVIde Lender with any material information) in connection with the loan G\-4R(PA) (9604).01 Page 3 of 8 Initials: 660 BooK! 483 PAGE ...988 " -..... " ~ ,: , "* eVIdenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property. the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation., The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental Or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these Obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. - If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (al Default. Lender may. except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shaH, if permitted by applicable law (including Section 34I(d) of the Garn- St. Germain Depository Institutions Act of 1982,12 U.s.c. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: G\ -4R(PA) (9604).01 Pa994 of 8 InitiaIS:~ Book1483,AGE ~89 '- ~ , " e,. (i) All or part of the Property, or a beneficial hiterest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to sub~equent events. (d) Regulations of HUn Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. ' (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current forecloaure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. II. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest, Lender shall not be required to commence proceedings against any successor in interest Or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security In~trument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, ~ubject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. G\-4R(PA) (9604).Ot Page 5 of 8 InitiaIS;~'"=\ Bood483 PAGE1S90 "-:t. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or4storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shaH terminate when the debt secured by the Security Instrument is paid in full. G-4R(PA) (9604),01 .. Paso 6 of a Initials: ~5 Bood483PAGE '.991 ~ ' M2PA "-:f~ 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq. ) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the SecretaTY of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19, Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminat_rtd become void. After such occurrence, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20, Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exem ption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23, Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and ,recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)J. c:1!I Condominium Rider 0 Growing Equity Rider o Planned Unit Development Rider 0 Graduated Payment Rider o Other [specify] G\-4A(PA) (9604),01 Page 7 of e Initials: W:) Boad483 rAGE i992 "",! "-{(! BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider{s) executed by Borrower and recorded with it. W~JJJJ~tw (Seal) ~Borrower (Seal) -:: -Borrower (Seal) -Borrower ( Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Bol'rower -Borrower Certifica~of Residence, Cy;c, '\ . I {, '/l~ i." I, 1::;:: I ( :' ct bf+0 r~ j I CvLx/l (A /' L ) , do hereby certify that the correct address of the withil).-named Lender is- f2 " (' 4- q SlJ C 5 -3 s <63 tL(/L(<J(~1 Drwt;-, .:5C<-. i/-k'L L-<:'- Y< / . I , Witness my hand this /7fh day of j;((JlfpY}if(~ t (:[<(Y CZ!~ i... COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County 55: On this, the /7Ai day of ~ /991' , before me, the undersigned officer, personally appeared CHRISTIAN B SCHRAGA, b":') "'~<'" C\\\c<1'\e')'1'0 \'=c>.-,'J.-.o.-',e A. Da5ar"la. known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: tI~~~~, Ti!l1i!t ,~, fd;;';~(';~;,.;, 7 t.{;(l~.~ .."," ;" L;:ff~e~~J G\-4RIPA) NOTARIAL SEAL VICKIE R. WEi.n" "ntarv Public Camp Hili, ',,':1 C-)imty '96 4M~ CommIS',k' , c L,J:,' 4, 1999 Page 8 of a Bccd483PAGE.993 , ~ ~ , First American Title Insurance Company "'*J Commitment Number: 980341 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN UNIT, BEING Unit No. 1426 {"Unit"} of Timber Chase, a Townhome Condominium (the rrCondominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase_.,.~ A townhome Condominium (the HDeclaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Recorder of Deeds of Cumberland County in Misc. Book 508, Page 602 and right of way Plan Book 11, Page 12; as amended in Misc Books 513, page 360; 524, page 978; 528, page 938; 533, page 87; 540, page 235 and 544, page 1020; and in right of way Plan book 11, pages 15, 23, 31, 43, 54 and 66 respectively. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended, TOGETHER with the right to use the Limited common Elements applicable to the unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any ann all covenants, conditio~s, restrictions, rights of way, easements, and agreements of record in the aforesaid office, the afforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. ~-~ -, ~~ r, ALTA Commitment Schedule C Bood483PAGE .994 FAIR DEBT COLLECTION PRACTICES ACT 30 DAY' NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In tlie event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor In writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for I Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. l' ")' EXHIBIT L I ~ , u,~ ^ ,>, .. ~, - , . 0""_ If .A VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PAC.s, ~ 4904 relating to unsworn falsifications to authorities, that he/she is Timothy R. Hapeman Vice PrAl;itfA!lf ,of ~DI'1-1'i\ l\"",~U\~ tJ\btLfb/><&E' , plaintiff herein, (TITLE) (COMPANY) that he/she Is duly authorized to make this verification, and that the facts Set forth in the foregoing Complaint are true and correct to the best of his/her knowledge. information and belief. Schraga:01781553 AdYY:7 aOOl' L ,uer LIZ '0 mS'oN -- ..,."J, ~-..tl'i. L.. ,^< jjjA " .~~~ ~ 1 ' ~_ ' _ ~ - I' 'if - . ~R ~ 'E ~ h () :l ~ fr} , , 8 tc () -o~ I ICJ ~~ ~~ 1 (') C> 0 C C) 11 ?' (- :::i ~~ : ~,0_,~~ Q :2:0 :x ,- v ..;: ~ :('::~;; r;~ )~~ to) .:::l z ~ ';:> ~ c:;) ~ l-p [) ~ ~. ~ f r- If ["(J _c ~ ~&~ rc-~ f ~ ~~ ~ , , '~'-jlliL: , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs. CHRISTIAN 8, SCHRAGA, by his Attorney-in-fact, LORI A. PAGANA, PRAECIPE FOR WRIT OF EXECUTION FOR MORTGAGE FORECLOSURE Defendants Filed on Behalf of: Plaintiff Counselor Record for this Party <' , Jon A, McKechnie PA I.D. #36268 Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #01781553 ~"""~ .-- -~ -~, , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A, PAGANA, Defendants 1" l!l<l PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindiy issue a Writ of Execution in the above matter " 1. directed to the Sheriff of Cumberland County 2, against Defendant 3. Judgment Amount Interest at the rate of $16,03per diem from 5/15/00 to 9/6100 5, Late Charges thru 9/6/00 $ 87,061.57 $ 1,827.42 $ 80.22 $ 88,969.21 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs, , Costs (to be added by Prothonotary) $ Date: U \~tD ~ \M. L\l~J.-- . J n A, McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 ':' ,- -,. i,iIBAAI';!'~ilid,";.J!>_'lt.U'.:i/&'l~~"""'~~;7' ~ -;M'W>lliif'!;-Jill_<'I~~t!\ ikl!ilWil,,-lli1)\;O;iM'~, "'..L.... ~ , ~ ,~ 'JOMjllil&dl ~ -~~ -n' ~"''"1llIIilll, ,d " ~. ., () (') 0 (') ~ ./(l C 0 -n ~ i ~ t tv ....... s: '- ~ ""0 0:.7 ,- ^"n :~ tV ~ ..Q ...0 ~ mU:i Z r::'-: ~ , , Z."_ .. '"!;J1 2 , (J () ~ \t'- 1J 8 zr; J'_,_' 0 (...:"; (~~rS - o.c w"".. -0 C C C -</. ....0 () ;<0 -~"-J """ ~~~ ~ )>c' -:~.~ ~ I , -"".. I I 2".',1 .t ;;;U S' r~ c -- ~ (0 z ::::> :i:J ~ W =< .-1 -< 0 r- ... , ... ~ , ~ , , ~J .... ~ , , , ~ ... ... -- .... V ~~ .~. ~ "'~ ..,. ~ ". "'~.~ - , , , , r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION , NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A. PAGANA, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) ) SS: North American Mortgage Company, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Christian B, Schraga, located at 1426 Timber Chase Drive #38, Mechanicsburg, PA 17055 and is more fully described as follows: " ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHRISTIAN B, SCHRAGA OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1426 TIMBER CHASE DRIVE, #38, MECHANICSBURG, PA 17055. DEED BOOK VOLUME 185, PAGE 710, PARCEL NO. 10-15-1283- 008-U38. ,~" L, , ,Ie ,< '" 1. The name and address of the owners or reputed owners: Christian B. Schraga, by his Attorney-in-fact Lori A. Pagana 1426 Timber Chase Drive, #38 Mechanicsburg, PA 17055 2. The name and address of the Defendants in the judgment: Christian B. Schraga, by his Attorney-in-fact Lori A. pagana 1426 Timber Chase Drive, #38 Mechanicsburg, PA 17055 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: North American Mortgage Company PLAINTIFF .~. .. , Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 4. The name and address of the last record holder of every mortgage of record: North Ame:rican Mortgage Company PLAINTIFF 5, The name and address of every other person who has any record lien on the property: NONE 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Lori A. Pagana 2241 Canterbury Drive Mechanicsburg, PA 17055 7. The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Pennsylvania Sales & Use Tax Ciaim Bureau PA Department of Revenue Office of Chief Counsel 10th Floor, Strawberry Square Harrisburg, PA 17128-1061 ~~, ~ " The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to reiy on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief, I understand that faise statements herein are made subject to the penalties of 18 Pa. C,S,A, !i4904 relating to unsworn falsification to authorities, ~ ~~'--\~~Jr-- ' Jon A. McKechnie Attorneys for Plaintiff ,. ... Notarial Seal Gina L Dunca;:.Mi!ler, Notary Public Pittsburgh, Ailegh,'ny County My Commission Expires April 9, 2001 Member, Pennsylvania ASSOCiation of Notaries " M_1!!k'l.lWll~NJeIlfiNiillMia1,i"';.!!ilii~!W01ll!lI~,,-'jWiJ!\'ilm"-'.i!(L~i",,~l"'~'-"lOO;J<!1A>l~'ill.;~J~~~"""',..~ "~-~ 'I ........ .- ~ ~ ~ . _...-.-",,"~ ~~ 0 0 0 C 0 -n s:: , -0 r;' ;= " n'(", ..- ~~'r Z:ci;: r= Z'-~ \--"--"1; ~~~:. (,) :'\0 !<C1 5: -;~ )>0 ZC) '2 7(') PC:: 6fT'"I z ::::> > :< :D ....l --<; ~ ,- , , . 1% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs, CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A, PAGANA, Defendants AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and " Commonwealth, personally appeared Jon A. McKechnie, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 1426 Timber Chase Drive, #38, Mechanicsburg, PA 17055, is Defendant, Christian B. Schraga, who resides at 1426 Timber Chase Drive, #38, Mechanicsburg, PA 17055, to the best of his information, knowledge and belief. ~\M..t.'t.~' JON A. MCKECHNIE, ESQUIRE Weltman, Weinberg & Reis, Co" L.PA 2718 Koppers Building 436 7'h Avenue Pittsburgh, PA 15219 (412) 434-7955 Notarial Seal PubliC G' a L Duncan-Miller, NOg'ry t ;n Pittsburgh, AlleghenYA or~ ~aa1 My commission Expires pn, , Pe'lnsylvania AssocIatIon oi Notaries Membet, ~_j~~~!H.,;;owBiill~~!l!lIllOOt!-l.t'J~~i14,*"~""-'",i-'-;,iO\;i[;~~~~~- 1111Iilr''M1iIilIiIiII ~~ ~ " d."~~ , ~ "~ . (') 0 C) C 0 -0 6.~ -T! t e !flU': :;z -;-, "'n "":;;:>'-"U ,t'J;~ ,c___C- (f)" G_) ;:::S~" " t~i :0:;- ;t:Po "", 5>-C. --"" :f;O '2 ::;:;C) C ;:';;:~ jty ~, Z -I =< ::> ~ ...J -< ~,-~ - - ~, " ~- ~-It:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A, PAGANA, Defendants AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P.S. 101, ET. SEQ. AND ACT 91 OF 1983 " COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Jon A, McKechnie, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendant written notice of Plaintiff's Intention to Foreclose Mortgage pursuant to 41 P.S. 9403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined int041 P,S,!l101. Additionally, Plaintiff was not required to send Defendant written notice pursuant to 35 P.S, !i1680.403c (Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to the commencement of this action for the reason that the Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act. The foregoing statement is true and correct to the best of my knowledge, information and belief. " " , ~~~\c...~- JON A. MCKECHNIE, ESQUIRE Weltman, Weinberg & Reis, Co., L.PA 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 Notarial Seal Gina l, Duncan.Mlller, Notary Public PIMburgh, Allegheny County My Commission Expires April 9, 2001 MIII1~it, p.nnaylvanla Association of Notaries fiilm!\iillO~iiliJl!i!illilrl1!l-'iL"',~~l'i!ill~~i~~~'~~P"!\M.'.iij,~~ ~~ Jj\,fm ~ .,,", ~iiiIt1IiI!!liiII'illliI - (') 0 () C 0 :s:- -1'1 -ofr: ~- '~ f11r::o Z ",,) \:~ 21.,;",. ZC '~{58 ~2~:: GJ !;;O ;<,. ij~;) :> 1:~~ Z() ::>;: -0 S? )>c: '-' ~ 0 :> ...,J :n -< ,.,~ ~ ~ ~ , ' -;, ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHRISTIAN B. SCHRAGA OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1426 TIMBER CHASE DRIVE, #38, MECHANICSBURG, PA 17055, DEED BOOK VOLUME 185, PAGE 710, PARCEL NO. 10-15-1283- 008-U38, CIVIL ACTION NO: 2000-564 .f/ ;j,," " "L\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs, CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A. PAGANA, Defendants LONG FORM DESCRIPTION ALL THAT CERTAIN Unit, being Unit No, 1426 (the "Unit"), of Timber Chase, A Townhouse Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plan recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 508, Page 602 and Right of Way Plan Book 11, Page 13; as amended in Miscellaneous Books 513, Page 360, 524, Page 978; 528, Page 838; 533, Page 87; 540, Page 235; and 544, Page 1020; and in Right of Way Plan Book 11, Pages 15. 23,31,43,54 and 66 respectively. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. BEING the same premises which Lisa A. Starsinic, a single woman, by Deed dated September 17, 1998 and recorded on September 21, 1998 at Deed Book Volume 185, Page 710 and recorded in the Recorder's Office of Cumberland County, granted and conveyed to Christian B. Schraga, a married man, WELTMAN, WEINBERG & REIS, CO., L.P,A. ~~L\C~' Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 ~~~~ " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A, PAGANA, Defendants ',' if; NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Christian B, Schraga, by this Attorney-in-fact, Lori A, pagana TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberiand County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the ~' , 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on September 6,2000, at 10:00 A,M., the following described real estate, of which Christian B, Schraga is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHRISTIAN B. SCHRAGA OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1426 TIMBER CHASE DRIVE, #38, MECHANICSBURG, PA 17055, DEED BOOK VOLUME 185, PAGE 710, PARCEL NO, 10-15-1283- 008-U38. .:#' ,..... '...,,----'!- ,'/ The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, vs. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A, PAGAN A, Defendants at Execution Number 2000-564 in the amount of $88,969.21, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. " The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly, ',' YOU SHOULD TAKE THiS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 , " , .' '~:; You may have legal rights to prevent the Sheriff's Sale and the loss of your property, In order to exercise those rights, prompt action on your part is necessary, You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may aiso have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events, To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE, TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.PA , ~ \N'-S\C_I r L. J A, McKechnie, EsqUire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania15219 i~ , THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. M-I Co,", , , ' . -, ~, , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 2000-564 vs. . CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORI A. PAGANA, Defendants LONG FORM DESCRIPTION ALL THAT CERTAIN Unit, being Unit No, 1426 (the "Unit"), of Timber Chase. A Townhouse Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit' is designated in the Declaration of Condominium of Timber Chase, A Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plan recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 508, Page 602 and Right of Way Plan Book 11, Page 13; as amended in Miscellaneous Books 513, Page 360, 524, Page 978; 528, Page 838; 533, Page 87; 540, Page 235; and 544, Page 1020; and in Right of Way Plan Book 11, Pages 15, 23, 31,43, 54 and 66 respectively. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominium, as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans, as last amended. UNDER AND SUBJECT to any and all covenants. conditions, restrictions. rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. , BEING- the same premises which Lisa A, Starsinic, a single woman, by Deed dated September 17, 1998 and recorded on September 21, 1998 at Deed Book Volume 185, Page 710 and recorded in the Recorder's Office of Cumberiand County, granted and conveyed to Christian B. Schraga, a married man. WELTMAN. WEINBERG & REIS, CO., L.P.A. ~\r-.. \"J'-..L\C~' Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 :&iliiili~~Wlj,!ij~iill~iiI~:lilltili~iI"~<II';-W~~Wh1IiliiI- ,~ " ~~" .-'.'""'----' " . (') l::;' :,:) c- o 5": n '1;) C" ~-- .-..< [nr:~ -1,.. -.-::-',--, Z:u -~ "r ~?i:-i {.,(i ..132:1 kC] -7-1 (j EC' ;0.. -, Z " 3:: <:; :rj :;;0 5 -7(') C drn ":~.. =-i :;i C) ~ , -.J -< I ~ .~. " " "'.'. , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO: 2000-564 Plaintiff, vs. CHRISTIAN B. SCHRAGA, by his attorney-in-fact, LORI A. PAGANA, Defendant. TYPE OF PLEADING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counselor Record for this Party: Jon A. McKechnie PA I.D. #36268 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #01781553 ~-~- -! _ ~ ~ "' i IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO: 2000-564 Plaintiff, vs, CHRISTIAN B. SCHRAGA, by his attorney-in-fact, LORI A. PAGANA, Defendant. AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on the Defendant, Christian B. Schraga, by his attorney-in-fact, Lori A. Pagana: 1. On or about March 27, 2000, an Order of Court was signed permitting service of the Notice of Sheriff's Sale to be complete and valid upon mailing of the Notice by certified mail, and first class mail. certificate of mailing at 1426 Timber Chase Drive, Mechanicsburg, PA 17055 and by posting of the property at 1426 Timber Chase Drive, Mechanicsburg, PA 17055, which order is attached as Exhibit "A". 2, On or about June 14, 2000, Plaintiff served the Defendant, Christian B. Schraga, by his attorney-in-fact, Lori A. Pagana, pursuant to said Order. A true and correct copy of said certificate of mail is marked Exhibit "B". 3. On or about July 12, 2000, the sheriff of Cumberland County, posted the property located at 1426 Timber Chase Drive, Mechanicsburg, PA 17055, with the Notice of Sheriff's Sale. I ~~ b I ~.:~~ ~ ~\\ ",-<J\-.-- . .._~ "'joo A. M,"''',,;, Memll81',PtnnsylvanlaAs$OCl8llOllol- Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Sworn to and subscribed before me Thi~.Jn day of (lJ..~1.t/t- ~ f-/I.., t1 Va 0 /lICk ,() Notary Public ,2000. ~""- ... I , MAR 2 4'20a~ , \' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, No: 2000-564 Plaintiff, v. CHRISTIAN B. SCHRAGA, by his Attorney-in-fact, LORIE A. PAGANA, Defendant ORDER OF COURT AND NOW, to wit, this ;:n+hday of ---IDJ.lA" j ;)6VV , 1S!l!l, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is I permitted to serve Defendant(s), ,Christian B. Schraga, by his Attorney-in-fact, Lorie A. pagana, with the complaint in mortgage foreclosure, by posting the property located at 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055 and by mailing the complaint by certified mail, restricted delivery, return receipt requested and by first class mail, certificate of mailing, to 1426 Timber Chase Drive, Mechanicsburg, Pennsylvania 17055, with service to be complete and valid upon posting and mailing. BY THE COURT: 11 tlrJ IJ. 0/;0 I i' ;/ ,:::J ..,. f}{H'S,r_ ,Ct- ~ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the- front if space permits. 1, ArtIcle Addressed to: C"'I'i';S\\CA.(' 2> . S (.,\\("Q~c;. '0,:) "',';:> A-\~r~~ [0<-, A. OCldon \"-\2.~\\I""'~ C:nCl\P OnIR ~S~ vN-c>N:>.rnc.::,W6 PA nO~ b_ .. '-" -- .....,~..I..,-.~~~-~ ~ 2. Article Number (C?py from service labeQ PS Form 3811, July 1999 '" 'L SERVICE CERTIFICATE OF MAILING ,ED FOR DOMESnC AND INTERNATIONAL MAil, DOES NO. JR INSURANCE-POSTMASTER From: ,~ " .an n ,>rJ A, ?4()C1f'\0' {L.f?fo UmWCho--< e'vlr1unl,_<;hWb P/l l7oSS- 3817, Mar. ,9S9 5c. \,-, ( ClC0' , -, I i , I , , , I ! ! I , I i I i I I , C. Signature x o Agent o Addressee DYes D No D. Is delivery address different from item 11 If YES, enter delivery address below: 3. SelVice Type ItrCertified Mail 0 Express Mail 6 Registered 0 Return Receipt 10r Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 1cfrQ 3Wro C:iYiJ ~()S::? C:t ;)'~<--L Domestic Return Receipt 102595-99-M-1789 -..+ __ __ -.--:1-- ~'._^'_-=---_~o__. \ i t :=r "" "" IT' "" U'J CJ "" Postage $ Certified Fee CJ Return Receipt Fee ~ (Endorsement Required) CJ Restricted Delivery Fee (Endorsement Required) Postmark Here c: !n "D o '" i! C) CJ CJ :=r m Name (Please Print Clearly) (to be completed by railer) La' [)....,.,.. IT' ___.khn~!""[L~"'Y.\CI.I.~...i\:_t;~.\.f4Jrt:_..._...LT:!'~L!" 0- Street, Aet. No.; or PO Box No. :'2 _Jtj2~1!_""~_,,_\:)fJ.g>_Qc.....~3'?..._.m.._m.m....__" CIty, State, ZIP+4 1n0Cl\ <.0, ." Total Postage & Fees $ 2,q? 0-t1..( Ill:> s-S C1 PA EXHIBIT p -~ ,,: _ ~^ -J ' L,o ~ . ~. .. North American Mortgage Company -vs- -eIiffstian lr.S'enra~'by his attorney In-fact In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-564 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for the defendant to wit: Christian B. Schraga, but was unable to locate him in his bailiwick. He therefore returns the above Real Estate Writ Notice Poster and Description not found as to the defendant Christian B. Schraga. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant Christian B. Schraga by Certified Mail Restricted Delivery, Deliver To Addressee Only to 1426 Timber Chase Drive # 38, Mechanicsburg, Pennsylvania. This letter was mailed under the date ofJulyll, 2000 andreturned to the Sheriff's Office on August 1, 2000 with reason checked Returned To Sender. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant Christian B. Schraga by regular mail to 1426 Timber Chase Drive # 38,Mechanicsburg, Pennsylvania. This letter was mailed under the date of August 1, 2000 and never returned to the Sheriff's Office. ~~,,~ R. Thomas Kline, Sheriff BY~~ Real Estate Deputy "";'\., ,1- '-'" '''. '-'-:-, ! i !' _ "l~~!I.lillil!lllli.liilj,;lliUU~~U!'Ij,..~lit<IljjO'Mi\!iMl&a@'!iMtfij;i...AI.dIMiii" -~- - o c ;;? -oeD rnr--:-: ~~'~ U)~-_. -< L'~_ r:::C) j:; ,-, z\.._::, :j;u c:: z :2 C~ C) "" r::: G) w ~ ---I -0 ---: -T1 'r: (r~ ,-' ---' :':-,:;.("':: ~~li"n '> ':D -< w .:::> ()1 ....: , , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO: 2000-564 Plaintiff, vs. CHRISTIAN B. SCHRAGA, by his attorney-In-fact, LORI A. PAGANA, Defendant. TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT Filed on Behalf of: Plaintiff Counselor Record for this Party: JON A. McKECHNIE PA I.D, #36268 Weltman, Weinberg & Reis Co" L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #01781553 ,,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO: 2000-564 Plaintiff, vs, CHRISTIAN B, SCHRAGA, by his attorney-in-fact, LORI A. PAGANA, Defendant. SUPPLEMENTAL AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie, Esquire, who according to law deposes and states that a copy of the Notice of Lienholders and Other Parties of Interest Pursuant to PaR.C.P. 3129.2(c) has been served on the following additional lienholders or other parties of interest, that were not included in the original 3129.1 Affidavit, on July 14, 2000: Township of Hampden 230 South Sportinghill Road Mechanicsburg, PA 17050 WELTMAN, WEINBERG & REIS, CO., L.PA ""'A. ~l!ellI My~~~ ~,~ Ju/f 11, IOIl4 ~orNotaliea ~,>#\, '--\~~>\. L ' Jon A, McKechnie Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 - Sworn to and subscribed before me This cQS~ day of ~,4'f a;J.. !J l/afbrM Notary Public ,2000. '"' ,I, . ~ . V,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ~ ~,>,,[~ '0 ~:: (~Il r ~: .c-; \ 0 , ,~ l--' () ~ .,'J, c,i,~,'~>:;'~, . \:1: ;:.f, -;;-~'~ i Rece?';e(r':ro-;';:'.-:\ft~ ~~,7::"'''':1n\''=f!lr.t n ,.,r::~' ,'" ~".....\.,. .;" _. J, \;J l""~""^,, "..~-J:J -.:t '4", ' 2601 Koppers 8l';!~"' ueventil rW31!U3 ~. ~ 0 O~ .~ 1 s C.:'. )'i PS Form 3817, Mar. 1989 EXK'B'T~ '" t\ t: < ~ " I ~1ililllI " lfiIi.lhl'~ >^ ~1~1l.l1lllmilJ.~"""""""""""""- ~~ ^~, -,~ L, o c :s: ""'Ocr..:' mf-;--, Z-" :zE~ ~:2~ C:;CJ j;~, Z',' -~O Pc Z -' -< , ,., o o ;r.~ ~ ::;; ..--' 8 L0 :Tl <::-::J () -O':J ."1 -,(;; Sr :!; ::<: w ,:;:) (n ~ -..-... ' '0' "~ , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO: 2000-564 Plaintiff, vs. CHRISTIAN B. SCHRAGA, by his attorney-in-fact, LORI A. PAGANA, Defendant. TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counselor Record for this Party: Jon A. McKechnie PA I.D. #36268 Weltman, Weinberg & Reis Co" L.P,A. 2718 Koppers Building 436 th Avenue Pittsburgh, PA 15219 WWR #01781553 ..t I I 1''' I I , , i I i i,'i :j ;; i,i , i, Ii i'l 1-:; I; r Ii ! ~ I I, !-: i" ~~~ '. , . . '" ~ , ...;,;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION NORTH AMERICAN MORTGAGE COMPANY, NO: 2000-564 Plaintiff, vs. CHRISTIAN B. SCHRAGA, by his attorney-in-fact, LORI A. PAGANA, Defendant. LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of the following Lienholders by Certificate of Mail on June 14, 2000 and May 31, 2000. True and correct copies of said certificates of mail are attached hereto as Exhibit "A". WELTMAN, WEINBERG & REIS, CO., L.P,A. ~~'-\\.~. Jon A. McKechnie Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 r--- NotIulaI Seal Belli A. VarecifO; ~ PuIIIIc LMy ~=I:st. ~~2004 emoer, PllIll1SyI\tanfaAssoclelionorNolarles Sworn to and subscribed before me ,2000. ~1IIIIiliIol"",-,,~-~- '1l '" ." 0 3 w co ..., ," ;;: !l - CD co CD ~ 'T .., <;> ~ k ~ L \, '-~ '" }'s:: c . 0'" n <-< ~ 0 -CD <' ~m 0 . 0- ~c '" "--1 ~ o~ ;! 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'1/ ::, .. ~~~~~<08~~/_ ., I--~ -~---."-:::'I ~ -- .. I. U,S.POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From;-, ~~ t."~""'~;.,~n'\"'rGI~ n_ "'!'II -, ....'d. J'::!,J~~",,!J.. Jll:j~ en I n 1 ~J. J ....l-.b.. 26tH l<oppr.r~ Rllilrling 436 Sevenltl Aven I7bl~ PS Form 3817. Mar, 1989 SchrCl8?< U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER '''-''''''''J ,.- R.c.;"",~t."';..II. . .hlilll1EI'lG" REIS CO., l...?,".. 2601 Koppers Building ...even venue PS Form 3817, Mar. 1989 5c~rc;lGo- .v ~ f1\~din mall addressed to: ( A. 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