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Home My WebLink About00-00603 ~" ~ "" FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FORPLMNTITF COURT OF COMMON PLEAS CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, F/KIA PNC BANK, OHIO, NATIONAL ASSOCIATION 500 WEST JEFFERSON STREET LOUISVILLE, KY 40202 TERM v. NO. .;2000 - ~63 Co~CT~ Plaintiff CUMBERLAND COUNTY CLARENCE H. HEINLY, III II THOMAS DRIVE MECHANICSBURG, PA 17055 Defendant( s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0000707297 ~. ~ , "" _I d' -""". , 1. Plaintiff is PNC BANK, NATIONAL ASSOCIATION, FIK/A PNC BANK, OIDO, NATIONAL ASSOCIATION 500 WEST JEFFERSON STREET LOUISVILLE, KY 40202 2. The name(s) and last known addressees) of the Defendant(s) are: CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/4/91 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1038, Page 1187. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/4/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ~ - - """"" 6. The following amounts are due on the mortgage: Principal Balance Interest 8/4/99 through I!lIOO (Per Diem $11.63) Attorney's Fees Cumulative Late Charges 12/4/91 to 111100 Cost of Suit and Title Search Subtotal $42,434.66 1,744.50 2,121.00 68.24 550.00 46,918.40 Escrow Credit Deficit Subtotal TOTAL 0.00 28.04 28.04 $46,946.44 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $46,946.44, together with interest from 111/00 at the rate of $11.63 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ?~1d-- /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,,~=-= '-~, ZZ119 BS21l-Clst' November 01, 1999 Clarence H Heinly III 11 Thomas Drive Mechanicsburg PA 17055 RE: LOAN NUMBER: 0000707297 PROPERTY ADDRESS: 11 Thomas Drive Mechanicsburg PA l7055 Current Servicer: PNC Mortage 539 S 4th Avenue Louisville, KY 40202 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. ) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: II Thomas Drive Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: As of 10-28-99 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Payments from 09-04-99 through lO-28-99 * PAYMENT AMOUNT 759.41 * PAYMENTS NOW DUE 2 * LATE CHARGES 102.72 * RETURN CHECK CHARGE 15.00 * OTHER FEES 13.50 * LESS UNAPPLIED FUNDS .00 TOTAL AMOUNT PAST DUE: 1,650.04 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,650.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Mortgage Corp of America, ATTN: Cash Services Dept, 75 N Fairway Drive, Vernon Hills, IL 60061. EXHIBIT A ~~ J' ~"-',,",*,~ '. ZZl19 BS203-Clst November 01, 1999 Clarence H Heinly Po Box 1364 Mechanicsburg III RE: LOAN NUMBER: PROPERTY ADDRESS: , PA 17055 1364 0000707297 11 Thomas Drive Mechanicsburg PA 17055 Current Servicer: PNC Mortage 539 S 4th Avenue Louisville, KY 40202 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. ) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 11 Thomas Drive Mechanicsburg PA l7055 IS SERIOUSLY IN DEFAULT because: As of lO-28-99 YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are past due: Payments from 09-04-99 through 10-28-99 * PAYMENT AMOUNT 759.41 * PAYMENTS NOW DUE 2 * LATE CHARGES 102.72 * RETURN CHECK CHARGE 15.00 * OTHER FEES 13.50 * LESS UNAPPLIED FUNDS .00 TOTAL AMOUNT PAST DUE: 1,650.04 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ l,650.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Mortgage Corp of America, ATTN: Cash Services Dept, 75 N Fairway Drive, Vernon Hills, IL 60061. EXHIBIT A " - ~ " ~ '. 8S203 8S206 8S210 APPENDIX A .- ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the attached notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800)342-2397 LANOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECT A SU DERECHO A CONTUNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMANDO "HOMEOWNERS RMFRGRNCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CAS A DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT91 INSERT PA9 EXHiBiT A <' - . .....~''\'clI'~lii!Il........ 85203 85206 85210 If you have tried and are unable to resolve this problem at or after your face-to-face,. .' meeting, you have the right to apply for financial assistance from the Homeowners' Emergeilcy Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may be proceeded against your home immediately. Available funds for emergency homeowner mortgage assistance are very limited. They will be disbursed by the agency under the eligibility criteria established by the act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. 717-780-3800 or 1-800-342- 2397(toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice ofIntention to Foreclosure". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, PNC Mortgage Corp of America Customer Service Department PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT WE ARE DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A , ~"' " ~-- '.- . ,--' " Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lycoming-Clinton Counties Commission'" C . 2138 Lincoln S~et oaunwuty ""ticn (STEP) P.O. Box 132S W;}Ii3mspor., PA 17703 (5.0) 326-0587 FA."l: (570) 322-2197 CCCS ofNorJ,eastern P'I. 201 Basin S~ec - Will' (5-0Iams) 3".porc, FA 17703 l ~..o627 FA."l: (570) 323-0026 CLINTON COtJ"NTY CCCS of Northeutarn P'I. 16~1 S AthertOn St - Smta 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 COLUMBIA COlJ1'on CCCS ofNortheastam Pen<1Svlvania 1400 Abington Exec'~tive Park Suita 1 Clarks Summitt FA 18411 (570) 587-9163 or (800) 922-9537 FA."l: (570) 587-9134/9135 31 W. Market Street POB 1127 WUkes-Barre. FA 18702 (570) 821-0837 or (800) 922-9537 FA."l: (570) 821-1785 Commission On Economics Opportunity of Luzeme County 103 .>,mber Lane Wtlkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FA."l: (570) 829-1665-<:ALL BEFORE FAXING (570) 455-4994 HAZELTON FA."l: (570) 455-5631-CALL BEFORE FA.."mlG (570) 836-4090 TUNKH.-\J.""NOCK Booker T. Washington Centar 1720 Holland St=t Erie, PA 16503 (814) 453-574-1 FA."l: (814) 453-5749 John F. Kennedy Center. Inc. 2021 East 20th St:-eet . Erie, FA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of We.tam Pean.svlvania, Inc. 2000 Lingleltown llDad . HarrlsbuIll'. FA 17102 (717) 541-1757 Urban League oOletropolitan Hanisbur;r N. 6th Stn!4>t HanisbuIll'. PA 17101 (717) 234-5925 FAX (717) 234-9459 Co=unity Adon Co= of the Capital Region 1514 Oerrv Street Hanisburi. PA 17104 (717) 232-9757 FAX (717) 23-1-2227 CRAWFORD COT.JNTY Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League. Inc 601 Indiana Avenue Farnll. PA 16121 (412) 981-5310 CT.JMBElU..A.'ID COUNTY Financial Counseling Services of F=klin 31 West 3ni Street Wayaesboro, P.... 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, P.'\. 17013 (717) 243-3818 F A."{ (717) 731-9589 Adams County Housing Authorit"f 139-143 Carlisle St Gettysburg, PA 17325 (717) 33+1518 F.~,,{(717)334-8326 PENNSYl.VANIA BU~N. VOl.. 29, NO. 2:l, JUNE 50 1999 EXHIBIT A t ~--"" DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post a corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet Southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate, South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight tenths (135.8) feet to an iron pin; thence along the line of land now or formerly of John I. Enck and Barbara J. Enck, his wife, formerly of Warran T. Gouse and Grace T. Gouse, his wife, North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin; thence along land of same, and also land now or formerly of Clyde W. Gouse and Ethel 1. Gouse, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin; thence along line of land now or formerly of John I. Enck and Barbara J. Enck, his wife, South 51 degrees 10 minutes East, one hundred sixty-one (161) feet to a post, the place of BEGINNING. CONTAINING 1.4 acres, neat measure, and improve by a two-story semi,bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg, Pennsylvania 17055. TOGETHER with the right of ingress, egress and regress over and upon the lane or road which extends along the Northern line of the above-described property, as reserved in the Deed of Warran T. Gouse and Grace T. Gouse to John I. Enck and Barbara J.Enck, his wife. BEING Tax Parcel # 38-08-0567-024. L, ~. ~.... " .. VERIFICATION TERESA SWITZER hereby states that she is SECOND VICE-PRESIDENT ofPNC MORTGAGE CORPORATION OF AMERICA mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1.7.'6-00 . " , - -. FEDERMAN AND PHELAN Suite 900 Two Penn Center Plaza Fihil&dllJphia, PA 19102 (215) 563-7000 0 a C< 0 "T1 C . -' .." ... "S. -ow rfj '-,- rnr,T": QJ .c.... _!,~ 1 ~ ~ p ~ ..c- h () ~ .~ . 0 0 ~ c; \); "-0 " j f' j ~ ~~~ ~ !F r---- ~ ..-,r ,'-, ~~~~ ~Ci >0 ~2 2: :.v ::2 co ~~) (~~ -~f:J ::1:; <-..~,::c (") , ''';-'1 C~. -"-'t -C::,>, ~ rG --- . J " ~' "'", SHERIFF'S RETURN - REGULAR CASE NO: 2000-00603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS HEINLY CLARENCE HIlI ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HEINLY CLARENCE HIlI the DEFENDANT , at 0015:00 HOURS, on the 14th day of February, 2000 at 11 THOMAS DRIVE MECHANICSBURG, PA 17055 by handing to CLARENCE HEINLY, III a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge '18.00 5.58 .00 10.00 .00 33.58 So Answers: ~~~~ R. Thomas Kline me this ....- dL'l - day of 02/15/2000 FEDERMAN & PHELAN By: 6iJt:;t ~_~ Deputy Sli . f Sworn and Subscribed to before d~ ,;2.0-tr0 A.D. ~{2~ ~' Prothonotary , l, ___ , J "1" _ . """'..o;'c , FEDERMAN AND PHELAN By: ~FEDE~ Identification No. 12248 Two Pelll1 Center Plaza - Suite 900 Philadelphia, PA 19102 (2 I 5) 563-7000 Attorney for Plaintiff PNC Bank, National Association, flk/a PNC Bank, Ohio, National Association 500 West Jefferson Street Louisville, KY 40202 : Cumberland COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 2000-603-CIVIL Clarence H. Heinly, III 11 Thomas Drive Mechanicsburg, P A 17055 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Clarence H. Heinlv. ill, Defendant( s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 1/1/00 to 3/20/00 $46,946.44 $930.40 TOTAL $47,876.84 I hereby certifY that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) notice has been given ill accordance with Rule 237.1, copy attached. 1/1/M1k 1~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 'M~ Olt ~<9&'O /5/ ~~.~~ PROP THY/~ '.THlS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAvE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ",'" .. = ,~" 0" ........."'...""""'-"IUIi~~ ~~~~.~~ " ~ ' '" .. J ~ ..-" ~ (") 0 0 c:: c:::> 'T1 s: ::Jl: .-j """OrJ:J ~ i;I~~;g n1r-n :;;0 2::::rJ N :"-'f-rl :z:c- :);y (n ' ..e:::. ;--, :-<L. )~~ ~D -0 ~O :::!I: ;Je') 5,;'0 ';? Ofn c:: );! :z: :< ::0 \0 -< ~I"'=~ ~._- I ~. , FEuERMAN AND PHELAN , Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19l02-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC BANK, NATIONAL ASSOCIATION, F/K/A PNC BANK, OHIO, NATIONAL ASSOCIATION COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 2000-603-CIVIL CLARENCE H. HEINLY, III Defendant(s) TO: CLARENCE H. HEINLY, III 11 THOMAS DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 7. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act wi thin ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, PAl 70 13 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff f.......e~~.~ _. , FEJERMAN AND PHELAN Frank Federman, Esquire . Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC BANK, NATIONAL ASSOCIATION, F/K/A PNC BANK, OHIO, NATIONAL ASSOCIATION COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 2000-603-CIVIL CLARENCE H. HEINLY, III Defendant(s) TO: CLARENCE H. HEINLY, III P.O. BOX 1364 MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 7. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (lO) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249,3166 Frank Federman, Esquire Attorney for Plaintiff ~ . , - FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Pem Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff ~ i II il I, II II I' I I, I' I II II :i :1 !,I , I I ,I :1 I :1 I 1 I I I i I I I . PNC Bank, National Association, f/k1a PNC Bank, Ohio, National Association : Cumberland COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2000-603-CML Clarence H. Heinly, III Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant Clarence H. Heinly, III is over 18 years of age and resides at 11 Thomas Drive, Mechanicsburg, P A 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1- /I./JAthJ 1- ~/VK1/OAl/ FRANK FEDERMAN Attorney for Plaintiff ~uu ~'" ,~J"",,,,,,,,,,",,, ~...~~~ . .- ~"~~ """'- ,,,,,. I, "'~'''''''''' .~- ~ ~, , 0 a C c: a 'Tl s: ~ '-1 _I;"" uQ:; ~-;:u 'T' n::!l nlnJ ;u , r- Z:D N ~Ci~ zl);' OJ~"~ q( ~B -0 :,I:=H K ~o :x q(~ ~) ....:....r -0;0 ~ c :z N ?c ::! 0 -< - ~.....,i!"_ (Rule of Civil Procedure No. 236 - Revised) PNC Bank, National Association, f7k/a PNC Bank, Ohio, National Association : Cumberland COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2000-603-CIVIL Clarence H. Heinly, III Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on March;)/ . 2000. I6f duA ,e. X'o/' ' ~ By DEPUTY /~ If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party SUITE 900 TWQ PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 **TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFlRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Bile , , , -'iilIliii~-~""":"~~ "' .,".."~ tir'~ ~ l'IlIijjlillfiJ__J.iil1lill1l .' - " .'. ~~ ~, ,I, -.' " ~. ~ ~ ~ ~~ () 0 0 h c Cl "r! ~ i- s: :J!: -f -oUJ :r;~ :3_ ." rT1rn 00 inl~ \\ Z:ti ~ (j Zr;:: N ~gg S?2 :;'---, ~ ~ ~ ~ GC) -0 ~'::',. 'l> :C:d ,-.() :Jt: C..:)_ ~ Y .~C ':7{ri ,V )>C ry <Sf :z ~ -<! 5:' 'D -< 1'!r",j~I,t/i{, , . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PNC Bank, National Association, f/k1a PNC Bank, Ohio, National Association Cumberland County Plaintiff, v. No. 2000-603 Civil Term Clarence H. Heinly, ill Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $47.876.84 Interest from 3/20/00 - 9/6/00 $1.337.90 and Costs (per diem - $7.87) $47.876.84 TOTAL ~~~ TWO PENN CE TER PLAZA " SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. No. :>> "!j "l:i ~ t"'l.... a: ~. ~ ez ~ '" III ~""l '" P.- "l:i"l:i ~~ w @ w t"'l zz i~ t"'lt"'l ESt"'l '" ~....t"'l t"'l == :>>0 (l ....- - III III to ""l III Q ""l III :: :: ~~ 'tl '" ... ::\.0 ... FF ~ ::l"::l"to to >-l III Q :: ~~ :: OZ t"'l""l '" '" :: a '" '" ~ .... .. to ~:;:; to ::l"Ill 00 '" !i~== ;= o' ~ e""l i3 [';l= ""l~ < . Q Zt"'l ~ ~ ~ Z:: \0 S;""l == ""lO \0 cr' ~::l. to ~ 0 to III e. .-< ~ \0 .... -< .,.. .. :to:>> '" "l:i to :: o""l :: :>> '" > "3 "3 Q '" "l:i~ 9 '" ~ l"J :: '" ~ III Q l"Jo .... :3 3,~ .... -'" ~z -..l .... > ;;' po <::> .... <.II t"'l ~ :1 oo"l:i <.II e Q Q '~~ '" :: >-l .. . .... III ~~ .... 0 .. Q Z :: zo ....""l > H -- - .~_I!!!MIIB!I!lIlIilUI!1!{ -, ,- , ''I!f:;,-__~ . . . DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post a corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet Southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate, South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight tenths (135.&) feet to an iron pin; thence along the line of land now or formerly of John 1. En,ck and Barbara L Enck, his wife, formerly of Warran T. Gause and Grace T. Gause, his wife, North 5,1 degrees 10 minutes West, one,hundredeighty"two (182) feet to an iron pin; thence along land of SahJ.e,-and also land now or formerly of Clyde W.Gouse and Ethel 1. Gouse, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin; thence alongJiDf' ofJantl. now or formerly of John 1. Enck and Barbara J.'Bnck, his 'lfif.., formerly of Warren T, Gouse and Grace T. Gouse, his wife, South 51 d~grees '10 minutes East, one hundres ~ixty-one (161) feet to a POSt. the place of DtGINNING. CONTAINING 1.4 acres, neat measur~', arid improve by a two-story semi-bungalow dwelling house and other outbuildings, known asl11homas Drive, Mechanicsburg, Pennsylvania 17055. ," TOGETHER with the right of ingrei;s, egress and regress over and upon the lane or road which extends along the Northern line of the above-described property, as reserved in the Deed of Warran 1. Gouse and Grace T. Gouse to John 1. Enck and Barbara J. Enck, his wife. BEING Tax Parcel # 38-08-0567-024. TITLE TO SAID PREMISES IS VESTED IN Clarence H. Heinly, III, single man by Deed from Martin T. Sheely and Teresa A. Sheely dated 12/4/91, recorded 12/14/91, in Deed Book 35-K, Page 1038. r" J_ 00_0"'."_ '""~,._II",_,__".""",,- . """"'" '. - - ,- {q ..... ~ 0 C> 0 0- ~ c: 0 ~ <II. ~~ '2'" -n 0 !'l .0'1 ufE :::I: '.... ...... 1T1(T' ;;;:.. -r f:.J ~ . , . . . z' -< ffif; ~ B ~ 0 ~ ~ () z:U I .'Of ~ (,) (J);t: U) 86 C -< I,. f~f~ so: " -u -I j I ~o -rli ~ ~ ::!i: ":0 I oFri ~ [? ~r ~() w z: c 0 l) l' z ~ ... =< li , ... ... C> , , -< ~'" :,,'" "'- ~ ' ' , ..... .... . ~ -, I~ II 'I , ! i , ! ; . _. ~ I" '-~+" PNC Bank, National Association, f/k/a PNC Bank, Ohio, National Association CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION Clarence H. Heinly, III NO. 2000-603 Civil Term Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PNC Bank. National Association. flk/a PNC Bank. Ohio. National Association, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 11 Thomas Drive. Mechanicsbure:. P A 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Clarence H. Heinly, III 11 Thomas Drive Mechanicsburg, PA 17055 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Harrisburg Belco Federal Credit Union 403 North 2nd Street Harrisburg, PA 17108 PNC Bank, N.A. 539 South 4th Avenue Louisville, KY 40202 "" '. ,1- -.....il~""'...,.,'i"'"'>i-',.' 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Beneficial Consumer Discount Company 4910 Carlisle Pike Suite 104 Mechanicsbnrg, P A 17055 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 11 Thomas Drive Mechanicsburg, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 4. 2000 DATE (ij"""~ :....,~-r "v"~'-~'-''-''r~'O"'~''_I=~" M:ib~I*~~Wj~'i~~'-" .' ~,. ,.c" 1Ii!IiilU_ '- ~" ....... ~ ~~ .It,\-; () <::) C. 0 0 :? -'-' "Om :::J!: mcn :r... 5!...,., $::0 ,." z~ I f11r co.- a! '.Drn :-< 2' :r.Jg r::::'6 0 j;,;c: " Tf-,.- .2: ) :::J!: oil? ,>:,0 .Pc: ~ am ~ - ?,g 0 -<; ,~ .~ " =k..",',~",,=w,,< FEDE~andPHELAN By: FRANK FEDE~ Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC Bank, National Association, f/k/a PNC Bank, Ohio, National Association CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION Clarence H. Heinly, ill NO. 2000-603 Civil Term Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. bllilf'- ",",~, '0 ""' =<'~*, - ~Ji:...~ ~E~.Jilllllf~tit!il '.iiW_ " ~~""'~ : ~ "-..'" () 0 0 ~ 0 "T} -0& ~ :.:;;J !;prn -.< ~il pg :2:.::0 I -om OJ~ (Jj -""~ ;$<- 0 r- l-' ~L, ::<:: J -0 25~ ):> ::;,; ZO 5>0 <: ~ Om ~ ~ =<! "- 0 -< . ~ ."-,iI!!H~.......",.1 , PNC Bank, National Association, fJk!a PNC Bank, Ohio, National Association CUMBERLAND COUNTY No. 2000-603 Civil Term Plaintiff, v. Clarence H. Heinly, III Defendant(s). May 4, 2000 TO: Clarence H. Heinly, III II Thomas Drive Mechanicsburg, P A 17055 P.O. Box 1364 Mechanicsburg, P A 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 11 Thomas Drive. Mechanicshun!. FA 17055, is scheduled to be sold at the Sheriffs Sale on Seotemher 6. 2000 at 10:00 a.m. in the Cumberland County Courhtouse , South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by PNC Bank. National Association. fIkIa PNC Bank. Ohio. National Association (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the December 6, 2000 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~~ >""",,-~~ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a dt;ed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 '"', . 1~,.,j;E,"'" -. DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a post a corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet Southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate, South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-tive and eight tenths (135.8) feet to an iron pin; thence along the line of land now or formerly of John 1. Enck and Barbara J. Enck, his wife, formerly of Warran T. Gause and Grace T. Gause, his wife, North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin; thence along land of same, and also land now or formerly of Clyde W. Gause and Ethel 1. Gause, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin; thence alongjiD" of land now or formerly of John 1. Enck and Barbara J. Enck, his nf... formerly of Wa=en T, Gouse and Grace T. Gouse. his wife. South 51 degrees '10 minutes East. onehundres sixty-one (l61) feet to a post, the place of BEGINNiNG. CONTAINING 1.4 acres, neat measure, and improve by a two-story semi-bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg, Pennsylvania 17055. TOGETHER with the right of ingress, egress and regress over and upon the lane or road which extends along the Northern line of the above-described property, as reserved in the Deed of Warran T. Gouse and Grace T. Gouse to John 1. Enck and Barbara J. Enck, his wife. BEING Tax Parcel # 38-08-0567-024. JITLE TO SAID PREMISES IS VESTED IN Clarence H. Heinly, III, single man by Deed from Martin T. Sheely and Teresa A. Sheely dated 12/4/91, recorded 12/14/91, in Deed Book 35-K, Page 1038. ......-< ....;~~~..1!'i!!!ir h. ,~.i-_IiIIIliIlil!~Yl-~~llihd~~J!~Ji!I~lIIbM -~ J"~" ~-""'."-'!ii;~~" ,~~'""... ~, , - ,~ -, .~, - 0 0 0 c: 0 ~ -n -n 6J -. ~.4 --< nlp-; """ 'r 2.l: -< 6i~ Zl- J -,Jm (f)J> U1 '99 '"<z (:::0 .U '=io j3; "I""'Ti 20 ::x ~~ )>:0 ~ C 0 Z ';'! =< <::> ~ I "...~,.,u. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE I.D. NO. 12248 SUITE 900ITWO PENN CENTER PHILADELPHIA, PA 19102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS PNC BANK, NATIONAL ASSOCIATION, F/KA PNC BANK, OHIO, NATIONAL ASSOCIATION CIVIL DIVISION vs. CUMBERLAND COUNTY NO. 2000-603 Civil Term CLARENCE H. HEINLY, III PRAECIPE TO MARK JUDGMENT TO THE USE OF PLAINTIFF AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of PNC BANK, NA, F/KlA BANK, OHIO, NA, AlKlA THE FIRST BANK AND TRUST COMPANY, A PNC BANK, 539 SOUTH FOURTH AVENUE, lOUISVillE, KY 40202. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC BANK, NA, F/KlA PNC BANK, OHIO, NA, AlKlA THE FIRST BANK AND TRUST COMPANY, A PNC BANK, Use Plaintiff. Date: May 9, 2000 ."'-~=" ,,:;; '.- ~ ' ... ~"""""" '"" '~~~~ilii1jrillliN'r~~ ~ ,,-t_', -&-.',,' - () ~ ~ ""Qf:0 11,(.;"" ? , """-........,- :z;:: C/) .,.' , ~'~ r:=~ -;0 ~. Zl) 5;'0 c :< ~ -.- c c :J:: :a. -<: - o ,17 =j:! ."'j::I] {-'. ::nCtl ~6' ".' (j , ,:'r!-ri C>..;J:i ..2"""J Om ;g -<: co ~ ~ S? - ~ v" " a r~ ] ..., ~ ,- ~ ~ ..:\ {' '- " ..- .....h!l.~,L. i' PNC Bank National Association F/k/a PNC Bank, Ohio, National Association -vs- Clarence H. Heinly, III In the Court of Common Pleas of Cumberland County, Pennsylvania No. 00-603 Civil R. Thomas Kline, Sheriff, who being duIy sworn according to law, says this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Law Library County Mileage Levy Postpone Sale Surcharge 30.00 196.00 .50 1.00 5.58 15.00 20.00 20.00 $288.08 Pd by Atty 5/24/00 Sworn and subscribed to before me This 7 S-- day of ~ 2000, A.D. ~ O. ~,~ r thonotary So answers: r~~ R. Thomas Kline, Sheriff By~,_-Jltl;;" Real Estate Deputy ,.60 ()(. ~ ~ (" :t ;;L; &. 9(,'/73 - ~r,_. ~ PNC Bank, National Association, flk/a PNC Bank, Ohio, National Association CUMBERLAND COUNTY 'Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION Clarence H. Heinly, III NO. 2000-603 Civil Term Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PNC Bank. National Association. f/k/a PNC Bank. Ohio. National Association, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 11 Thomas Drive. Mechanicsbure. P A 17055. 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Clarence H. Heinly, III 11 Thomas Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Harrisburg Belco Federal Credit Union 403 North 2nd Street Harrisburg, P A 17108 PNC Bank, N.A. 539 South 4th Avenue Louisville, KY 40202 ...~ - I ..-...~"."" ,. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Beneficial Consumer Discount Company 4910 Carlisle Pike Suite 104 Mechanicsburg, P A 17055 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 11 Thomas Drive Mechanicsburg, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 4. 2000 DATE L- , ESQUIRE Iff "is.lj*i~; ...._,~ PNC Bank, National Association, flk/a PNC Bank, Ohio, National Association CUMBERLAND COUNTY No. 2000-603 Civil Term Plaintiff, v. Clarence H. Heinly, III DefendaIlt(s). May 4, 2000 TO: Clarence H. Heinly, III 11 Thomas Drive Mechanicsburg, P A 17055 P,O. Box 1364 Mechanicsburg, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 11 Thomas Drive. Mechanicsbure. P A 17055, is scheduled to be sold at the Sheriffs Sale on September 6. 2000 at 10:00 a.m. in the Cumberland County Courhtouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by PN C Bank, National Association. f/k/a PNC Bank. Ohio. National Association (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the December 6, 2000 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action; 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 3 . You may also be able to stop the sale through other legal proceedings. "- ..."."'- . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 """ '," = _' It",.... ,",.'.. C." ~ ~ I,. . . ,.. , , DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as foIlows, to wit: BEGINNING at a post a corner of land now or formerly of the Gross Estate, which post is three hundred twenty-four (324) feet Southwardly from the right-of-way line of the Pennsylvania Railroad Company; thence along the line of said land of the Gross Estate, South 23 degrees West, two hundred three (203) feet to a post; thence along the line of same, South 53 degrees 45 minutes West, one hundred thirty-five and eight tenths (135.8) feet to an iron pin; thence along the line of land now or formerly of John 1. Enck and Barbara J. Enck, his wife, formerly of Warran T. Gouse and Grace T, Gouse, his wife, North 51 degrees 10 minutes West, one hundred eighty-two (182) feet to an iron pin; thence along land of same, and also land now or formerly of Clyde W. Gouse and Ethel 1. Gouse, his wife, North 38 degrees 50 minutes East, three hundred eighteen (318) feet to an iron pin; thence alongjiDf' of land now or formerly of John 1. Enck and Barbara J. Enck, his wife, formerly of Warren T" Gouse and Grace T, Gouse, his wife, South 51 degrees '10 minut~s East, one hundres sixty-one (161) feet to a post, the place of BEGINNING. CONTAINING IA acres, neat measure, and improve by a two-story semi-bungalow dwelling house and other outbuildings, known as 11 Thomas Drive, Mechanicsburg. Pennsylvania 17055. TOGETHER with the right of ingress, egress and regress over and upon the lane or road which extends along the Northern line of the above-described property, as reserved in the Deed of Warran T, Gouse and Grace T. Gouse to John 1. Enck and Barbara 1. Enck, his wife. BEING Tax Parcel # 38-08-0567-024. TITLE TO SAID PREMISES IS VESTED IN Clarence H. Heinly, III, single man by Deed from Martin T. Sheely and Teresa A. Sheely dated 12/4/91, recorded 12/14/91, in Deed Book 35-K, Page 1038, ". . 0 -""~'ii'. . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland NO. 00-603 CIVIL 19 CIVIL ACTION - LAW COUNTY: To satisfy the debt. interest and costs due PNC Bank, National Association, f/k/a PNC Bank, Ohio, National Association PLAINTIFF(S) from Clarence H. Heinly, III, 11 Thomas Drive, Mechanicsbruq, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell s.,., T ..gill Description ,,"1,' ''-.; :- "!,,., (2) You are. also directedJo atta'(h theproperty of the defendant(s) not levied upon inthe possession of GARNISHEE(S) as follows: and 10 notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account 6f thedefendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; . ........ ,.' . (3) If property of the defendant(s) not levied upon an subject 10 attachment is found in the possession of anyone other than a named garnishee. you are directed to nolify him/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due S47,876.84 from 3/20/00 - 9/6/00 (per diem - Interest $7. g7) - $1,337. 9Q Atty's Comm % Atty Paid $10'i 'iR Plaintiff Paid LL Due Prolhy Other Costs $.50 Sl.OO Date: May 5, 2000 Curtis R. Long Prothonotary, Civil Division ~ 4~ D f?_7p~-f;../ Deputy REQUESTING PARTY: Name Frank Federman, Esq. Address: Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 Attorney for.: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 " _~,""';~","",""i ~~ '+ - . Mf ,;~~ '" .~ ~.~' i ",o;iII~ '~,u..... c ~. L~~ ~~"'" ~,,,_.........i,_ - ,~ ^ .~ ~ ~ ~ " ~I~l ES1~1ES~lE No.\ \Jll /Y11 a.o-" ~ the sheriff levied upon the defendants interest in the real property situated in J~,,~ ~~ ocr ~ Cumberland County, Pa., known and numbered as: !/~'-'-.d,~ I /f'tJ,~/Lr,..,d~!f and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~at.~ i:Jrn> By$~ .~....."< '.. j \,'!"'/ \'''j} :~'>i:,j',:1,-! - "-.' i' I~j ~T 7 0 );!'] L._ I, _ C, U '~,L .~j.ir~]11:'~<', -,:' '~, ~.:i!iJ.q~t?t"!i!,~ -,:;,h.,~ ,0;;1<) ] ,:;,:,i;JH l!J ,..v~~~,..... ~ , ~ J -..,~,--""'~, ,. .' FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF PNC Bank, National Association f/k/a PNC Bank, Ohio National Association Cumberland County Court of Common Pleas Plaintiff CIVIL DIVISION vs. NO. 2000-603-Civil Clarence H. Heinly, III Defendant(s) PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on March 21, 2000 against Clarence H. Heinly, III, Defendant, in the amount of $47,876.84 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. /'b~21~m Attorney for Plaintiff Dated: May 26, 2000 J"'"'=-';" "0_' ~...u-,_."~.~. '....lHWJ~~~~liiii~tkiliflj~ "- ~.~ -. ... <iI!,," '. 0 0 0 c 0 -'n s::: '- ...., -00:; c:: iti;D fi1m :;::: Z:r.:,l , 2C. ~~~ (f)/ N -<Z ~O -U -'t--;'t )> ~ (5:0 zO -"'" =0 C8 i5h~ Pc :z -I =< ~ -< CATHERINE A. BUHRIG, Plaintifti'Petitioner/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ROBERT L. BUHRIG, JR., DefendantlRespondentlPetitioner NO. 00-633 CIVIL TERM IN DIVORCE DR# 29,636 Pacses# 399102253 DEMAND FOR HEARING DATE OF ORDER: 'June25; 2001' AMOUNT: $570.00 per month FOR: Alimony Pendente Lite REASON(S): Wife's e~rninq capacity is hiqher than assessed by hearinq officer. -, 1/ PARTY FILING DEMAND FOR HEARING: Robert L. Buhrig, Jr. -\ July S, 2001 19nature ~!hn Sheridan, Esquire or Lori K. Serratelli, Esquire ERRA~ELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Robert L. Buhrig, Jr. ~ j~JJf "'h9 '," .,' " ',~.1 ,,:_, "'~" ~',... 1 JliH I " ~~,. ," ",W ',",l1di' d, .. 0 0 , ; C -n ;;: ~= ucn rniT) --;>- -~.. , <"-- -,~. 7",- ~~c, \D ~'--j .,./ -.- ~';8 f'.,) Pc ,- ~ i'.' ?L~ CO -c .. ~