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Home My WebLink About00-02700 - '. ^'~-,~ - . , SHERIFF'S RETURN - REGULAR CASE NO: 2000-02700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLONIAL MORTGAGE COMPANY VS GREENE RAYMOND E JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GREENE RAYMOND E JR the DEFENDANT , at 0008:20 HOURS, on the 4th day of May , 2000 at 135 EAST PENN STREET CARLISLE, PA 17013 by handing to RAYMOND E. GREENE, JR. 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 3.10 .00 10.00 .00 31.10 So Answers: :t""~~-'~~z R. Thomas Kline 05/09/2000 PURCELL, KRUG Sworn and'S'ubscribed to before By: me this.: /t, Ec/ day of "'q;'''''' A.D. fl Il-<- (). ~ ~. ~rothonotary , -I SHERIFF'S RETURN - REGULAR .-, , .- . f CASE NO: 2000-02700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLONIAL MORTGAGE COMPANY VS GREENE RAYMOND E JR ET AL RICIlARD SMITH , Sheriff or Deputy Sheriff of . <-' ~"_ ' ,"0" , .' ~ ~; , Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GREENE CATHY L DEFENDANT was served upon , at 0008:20 HOURS, on the 4th day of May at 135 EAST PENN STREET CARLISLE, PA 17013 RAYMOND E. GREENE, JR. by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE the , 2000 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~...t:~t R. Thomas Kline 05/09/2000 PURCELL, KRUG me this ~ If. - Sworn and Subscribed to before By: day of', .~ . J4znJ A.D. ~ l2')n,tllJ,., 'Q;.{' Prothonotary' ,'~' - , " ...',~~ ''-'''' ,,'~ , 'hi , COLONIAL MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Do - ':<'1D6 (?;utL 'r~ CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE RAYMOND E. GREENE, JR. AND CATHY L. GREENE Defendants THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING. THE DEBT. NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the 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 fo~ any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine RoW, Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. a Irvine RoW, Carlisle, PA ~70~3 717-243-9400 , .,_.,=~ ~,,', ,i2.0c<.- "_, , COLONIAL MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. RAYMOND E. GREENE, JR. AND CATHY L. GREENE Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~1601: The undersigned attorney is attempting to collect a debt owed to the Plainti.ff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff " __'., ~ J--' ''',',',< COLONIAL MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. MJ-.J.7ro~/~ RAYMOND E. GREENE, JR. AND CATHY L. GREENE Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, COLONIAL MORTGAGE COMPANY, is a corporation with an address of P.O. Box 5628, Montgomery, Alabama 36103. 2. Defendant, RAYMOND E. GREENE, JR., is an adult individual whose last known address is 135 EAST PENN STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, CATHY L. GREENE, is an adult individual whose last known address is 135 EA$T PENN STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about May 9, 1995, the said Defendants executed and delivered a Mortgage Note in the sum of $42,750.00 payable to BANCPLUS MORTGAGE CORP., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1263, Page 576 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to COLONIAL MORTGAGE COMPANY and recorded in the aforesaid County in Mortgage Book 545, Page 572 on April 21, 1997. Said Mortgage and Assignment are incorporated herein by reference. - ,', ",.. ~" "'",, ,A;c'" '-' .i 5. The land subject to the Mortgage is: 135 EAST PENN STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on November 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 41,236.81 (b) Interest at $10.02 per day from 10/1/99 to 6/1/00 (based on contract rate of 8.875%) 2,434.86 (c) Accumulated Late Charges 0.00 (d) Late charges at $17.01 per month for 8 months 136.08 (e) Escrow Deficit 205.19 (f) 5% Attorney's Commission 2,061.84 $ 46,074.78 *Together with interest at the per diem rate noted in (b) above after June 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. " <--,-',-V" "1 1 I I I 9. Notice of Intention to Foreclose has been sent to Defendants by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copies of such notices attached hereto as Exhibit lie" . 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.875% ($10.02 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. ByPURCn~LER Leoo P. Haller L, Attorney for Plaintiff J.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 , ,,' ~' ("', "'-. LOAN II: 10848706 '~ MAY 19. 1995 (Datel ~ 135 EAST PENN STREET NOTE , CARLISLE (City) , CARLISLE. PA 17013 (Property Address) PENNSYLVANIA (State) 1. BORROWER'S PROMISE TO PAY . In return for a loan that I have received, I promise to pay U.S. $ 42 750 JlOuu '. (this amount is called "principal"), plus interest, to the order ~ the Lender.The Lender is ~M~~~~~~~. . 1-.. understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will, pay interest at a yearly rat~ of~_._8_7..5 _ _ =-_ %. The interest rate required by this Se'l(.tion 2 is the rate I will pay both before and after any default described in, Section 61B) of this Note. 3, PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I w~1 make my monthly payments on the 1ST ___ day of each month beginning on ,lUL)'_QL___ ' 19!!L. . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. 'JyIy monthly payments will be applied to interest before principal. If, on JUNE 01 ,2025 ,I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the,\'maturity date." I will make my monthly payments at 9601 MCALLISTER FREEWAY. SAN ANLONIO. TX 78216 _ or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 3.40...,.."1-4- - - -=-~. 4, BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment" When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment. there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. " J ~ . . I . i I I I I I 5, LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. MULTISTATE FIXED RATE NOTE- Single Family -FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/83 L803 06/94 Page 1 of 3 E)( hHJ11' II A' - ."""'" .. oJ - ~. ,-""" r..., '., I , --, '. -. ~ Note Holder may choose to make this refund by reducing the rinci I I ::~ ~~~e~~e~Ya::k~~t~ald~r~~a~~e~:nt to ma If a refund reduces :rincita~, th~~:d::t?~~ 6, BORROWER'S FAILURE TO PAY AS REQUIRED (AI Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by th ~n~ of _ EtFJE~ ._._ calendar days after the dat" it i~ due, I will pay a late charge to th: o e Harder. The"amount of th~ ~harge will OF' -fIVE per centum ( _ _ _ _ _ 'Yo) of my overdue payment of pnnclp~1 ~'\rI Interest T'wIII pay this late chargh~gmptIY-but only once on each late pavrr..~'" (B) Default . , If , do nel /Jay the full amount of each monthly payment on the date it is due I will be Iff default ' (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I ~o no~ pay the overdue amount ~y ~ certain date, the Note Holder may require me to pay ImmedIately the full amount of pnnclpal Which has not been paid and all the interest that , owe on that amount That date must be at least 30 days after the date on which the notice is delivered or mailed to me_ (D) No Waiver By Note Holder . E~en if: at a time wh~n I am in default, the Note Holder does not require me to pay Immediately In full as descnbed above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8, 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. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9, WAIVERS I 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 the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of L803 06/94 Page 2 of 3 Form 3200 12/83 ....... ..... ."-1. j ~ j I J " ., II I I I I I , ......... ""' ., C ,(' "! ,~.. Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make. in this Note. That Security Instrument describes how and under what conditions ! may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural personl without lender's prior written consent, lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by lender if exercise is prohibited by federal law as of the date of this Security Instrument .. 'If' Lencier . exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower faUs to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Borrower(s): /'Z'l'd'/I':' - C[/t.~ OND E, GREE E, JR. \ Witness(es): (Seal) c ~ 1. ,J>-cu- CATH L GREENE kM/l"- Witnessles): ,/ J tftto (Seal) (Seal) Witness(es): (Seal) Witnessles): MAILING ADDRESS: 135 EAST PENN STREET CARLISLE, PA 17013 (Sign Original Onlyl L803W 03/94 Page 3 of 3 Form 3200 12183 '-','~ ,.;' . -" ; "'I ALL that certain tract of land, together with the improvements thereon erected, si tuate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: . ON the North by an IS-foot lride alley; on the East by property nOI~ or fonnerly of .JOM Keller I s Hei~3: on the South by East Penn Street; and on the West by property now or fonner1y of James C. Holmes, having a frontage of 20 feet on East Penn Street, and extending in depth at an even width of 120 feet to the alley aforesaid. BEING inqJroved With a 2-story frame dwelling house known and ntunbered as No, 13S East Penn Street, Carlisle, Pennsylvania. 't;jJj' ,f~~1#ll~ ;;.~, "',,.m~qi}j:fI' ,,~MH' *~ . "'~";:'."!" '. (i., ft' "..,~, ~t;.;/'; J'''l:i\,,~,~1 HIP," A 'F ... I' 6r.., r :;f.'" "j";d{~~J~l' !~,:,j~jt.; ",. Ii,,! A '.f;ft- . "~""'''''_"",,-!,,, .....ji(rf.Jit~,* ,e,N r .(" ,"!" . (t'R , .. ," ~'i.)Y.t'{,,, d'{r,;' !!" ..(. .' .H~,~l 7\"1~ of Pennsylvania } 55 ~''i/f(j .\.,~ i-"'fp: I 't'r \.,-:,( .' r:.i~~ ",.1t'tyof Cumberland /i!fl'~ri'; i; ~?., ;~ . "l'~ " . "~'. ~yj'f. ""rded in the, office for the recording of D." ,;I; ~'J~ ", '., ;" ,;~". ,j. . '~',\",.~ '," '~: d fo=rland COlllnty~.1 ''''..>!!/! It. ".f ! ., i.' ... ,," _ I/> ~'t~.\I({<~~J\~" ~{>,! /,.~>1 /"" ~-:l_ oak ot_Page . "'~ . \l!r ,0. /. ," j.,..... ofoffl A.'F }~". .', ''\: , . '/ " -'J;""; "',', '~.\l)e." my hand andffJ-1 ~'l,i._1~'rJ,'!'f //."'ji~. --.7"-1 .. d of .,'il", ','.1/,,/', ~.~":.. '~I", C, C'rl',Jla, PA thiS ay UIl' W., .' .\~\" \ilf4,f: ";",/1, _ f. '\~:' _ <. :tlv,:~~~,... 'f bOOK 12G3 PAGE 584 . fiV1Mlt~\6) " ~ .', ',--' " ",,' ,,"~-,.- -Rt,'~i ACT 9 1 NOT ICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortqaqe on Your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM '(HEMAP) may be able to help save your home. This Notice explains how the proqram works. To see if HEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when YOU meet with the Counselinq Aqencv. The name. address and phone number of Consumer Credit Counselinq Aqencies servinq your CoUnty are listed at the end of this Notice. If YOU have anvauestions, YOU may call the Pennsylvania Housinq Finance Aqencv toll free at 1-800~342-2397. (Persons with impaired hearinq can call (717)780-1869). This notice contains important'legal information. If you have any questions, representatives at the ConsumerC~edit Counseling Agency may, be able to' help explain it. You may also want to contact an attorney in your,area. The local bar association may be able to help you 'find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA' (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO' POR EL PROGRAMA LLAMADO "HOMEOWNER I S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. - 1 - E'thi\9If'C I' March 24, 2000 To: Raymond Greene, Jr. 134 East Penn Street Carlisle, PA 17013 Cathy Greene 134 East Penn Street Carlisle, PA 17013 Re: ' Loan No. 242241 Property: 134 East Penn Street, Carlisle, PA 17013 CURRENT LENDER/SERVICER: Colonial Bank P.O. Box 5628 Montgomery, AL 36103-5628 HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL . IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF ,FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. - 2 - ,~ ,~ '--; '"'~~" ~",'-. '" ,,' CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desiqnated consumer credit counselinq aqencies for the county in which the propertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reascns Sb~ forth later in this Notice (see following pages for specific information about the nature of your default) . If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program~ To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION'PROMPTLY. IF YOU FAIL TO DO SO OR IF YbU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AQENCY 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. i,' (If you have filed Bankruptcy you can still apply for Emergency Mortgage Assistance.) - 3 - "J. '_~ HOW YOUR MORTGAGE: IS IN DEFAULT NATURE OF THE DEFAULT - The MORTGAGE debt held by the above creditor on your prope~ty located at: 134 East Penn Street Carlisle, PA 17013 IS SERIOUSLY INcDEFAULT because: ' A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts are now past due: Delinquent payments (11/1/99 - 3/1/00 Payment due uclring cure period Accrued Late Charges Late Charge due during cure period Total amount due @ $422.18)$ \~ 2,110.90 422.18 85.05 17.01 $ 2,635.14 B. YOU HAVE 'FAILED TO TAKE THE FOLLOWING ACTION (EXPLAIN): NOT APPLICABLE Ii h r ~ I.' ~; # f; Ii 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 plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Colonial Bank P.O. Box 5628 Montqomerv. Alabama 26103-5628 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: NOT APPLICABLE IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date'of this Notice, the creditor intends to exercise its rights to aecelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due 1S not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start a lawsuit to foreclose upon vour mortqaqed property. - 4 - I, ' ., ,,~"" ,.' ,--^ . IF THE MORTGAG, EIS ~ORECLOSED UPON - The mortgaged property will be sold by the Sher~ff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency befo~e the credttor begins legal proceedings against you, you w~ll st~ll be requ~red to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However if egal proceedings are startea against you, you will have to pay all reasonable attorney's fees actua ly incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period vou will not be reauired to pav attorney's fees. . OTHER LENDER REMEuiES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riqht to cure the default and prevent the sale at anvtime UP to one hour before the Sheriff's Sale. You may do so bX payinqthe total amount plus anv late or other charaes then ue. reasonable attorney's fees and costs connectewith the foreclosure sale and anv other costs connected with the Sheriff's Sale and by performinq anv other requirements under the mortqaqe. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's: Sale of the mortgaged property could be held would be approximately SIX months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order, made payable to the lender at the address set, forth above. HOW TO CONTACT THE LENDER Colonial Bank P.O. Box 5628' Montgomery, AL 36103-5628 (334) 833-3000 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the:mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be start~d by the lender at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property: - 5 - ,-",'", -~, """-:i-i J I I I I ~ .'_'~ (-, ~. ';~L "~~-~,;,,, . "'->'; YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NUJ)lEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ATTACHED) - 6 - CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)' 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-5925 FAX# (717)' 334-8326 Re: Colonial Bank v. Greene Act 91 Notice U. S. Postal Service Certificate of Mailinq (In compliance with Postal Service Form 3817) One piece of ordinary mail addressed to: Raymond Greene, Jr. 134 East Penn Street Carlisle, PA 17013 Postage: Postmark: One piece of ordinary mail addressed to: Cathy Greene 134 East Penn Carlisle, PA Postage: ~.'~ t,)/ '\ \ ~K~-'~=;,,);) -. . '_ \:(:/",--"...::.:7"--:",'- . .... "':,j~:./ '. '. " ,: ~ , ,'~~ {i Street 17013 L " -,~' ," , ~ '" ., i_"'_", " :" ~~ I," . VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, COLONIAL MORTGAGE COMPANY and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 1, 2000 ~/ it. -~" J:,,"" '''''. _',c_",-,- ~'- . COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 2700 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have d in the U.S. Mails at Harrisburg, pennsylvania on a true and correct copy of the Notice of Sale of Real E tate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.s. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Raymond E. Greene, Jr. 135 East Penn Street Carlisle, PA 17013 Cathy L. Greene 135 East Penn Street Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ....~ ...J c, ",l., " ~'i,.;j_j JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR BRIAN .J. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234.1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: Raymond E. Greenel Jr. 135 East Penn Street Carlisle, PA 17013 Cathy L. Greene 135 East Penn Street Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. By: . st the said have an g notified of YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said Sheriff's Sale. Leon P. Haller PA I.D.15700 Attorney for Plaintiff .~....- - .. . ' ,', ."'<I"~",,, COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 2700 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 135 EAST PENN STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 2700 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: RAYMOND E. GREENE, JR. AND CATHY L. GREENE --.~ ~ I" --. , , > ~'.' A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This - 'r' . > "~i.': '.J, petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 - - ,~ -. - -~~. ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by an 18 foot wide alley; on the East by property now or formerly of John Keller's heirs; on the South by East Penn Street; and on the West by property now or formerly of James C. Holmes, having a frontage of 20 feet on East Penn Street, and extending in depth at an even width of 120 feet to the alley aforesaid. HAVING ERECTED THEREON a two story frame dwelling house known as 135 East Penn Street, Carlisle, PA. BEING THE SAME PREMISES WHICH Gery A. Hepschmidt and Shirley L. Hepschmidt by deed dated 5/19/95 and recorded in Deed Book 122 Page 405 granted and conveyed unto Raymond E. Greene, Jr. and Cathy L. Greene. TO BE SOLD AS THE PROPERTY OF RAYMOND E. GREENE, JR. AND CATHY L. GREENE ON JUDGMENT NO. 2000 2700. ASSESSMENT #02-20-1800-203 . """"'" ~ "llii~ill< . . ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by an 18 foot wide alley; on the East by property now or formerly of John Keller's heirs; on the South by East Penn Street; and on the West by property now or formerly of James C. Holmes, having a frontage of 20 feet on East Penn Street, and extending in depth at an even width of 120 feet to the alley aforesaid. HAVING ERECTED THEREON a two story frame dwelling house known as 135 East Penn Street, Carlisle, PA. BEING THE SAME PREMISES WHICH Gery A. Hepschmidt and Shirley L. Hepschmidt by deed dated 5/19/95 and recorded in Deed Book l22 Page 405 granted and conveyed unto Raymond E. Greene, Jr. and Cathy L. Greene. TO BE SOLD AS THE PROPERTY OF RAYMOND E. GREENE, JR. AND CATHY L. GREENE ON JUDGMENT NO. 2000 2700. ASSESSMENT #02-20-1800-203 . 'Lrl .-II ru lr m l'- ..JJ m Certified Fee ~ A j;p, CJ "(=1' C "'" m Return Receipt Fee (Endorsement Required) Fjestricted Dellv91)1 Fee (Endorsement Required) Total Postage & Fees $ lr lr C l'- CATHY L GREENE 135 EAST PENN STREET CARLISLE PA 17013 ------_________0- ----------------- .' ", ,,'.,-' "'u .~_' .>-:: Postage $ ~s Certified Fee .-II r'I C C Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) c c "'" m To,1:al Postage & Fees $ RAYMOND E GREENE JR" 135 EAST PENN STREET nnnnmmnnmnm lr lr C l'- CARLISLE PA 17013 , .- '. tJ . ..1"-"'____: .. F ! ,0 Re: Colonial vs. Greene Cumberland Sales 3/7/01 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Raymond E. Greene, Jr. 135 East Penn Street Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Cathy L. Greene 135 East Penn Street Carlisle, PA 17013 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: ~ 'X/-----..:.f \! CJ/ '... \ \f a: i ,'-.:....") \1 I Postmark: ~\~~~f? ifJ __ .~/~~/i --~-------"'-1 \y,-~""",--I- L / i L,___ _.__.~.~:....~/ I. ~~~.__ V ..,. , '-- "":;.'i....~.'-',""_..-......,-~IlI"I"~.~.::-. .....- I </.i~,~,-\~82';..-',!,t....... .. ,til U (fin,':Ar.~ !: ' f~~ ;':'~-J ~'u..~:h'.,;: ;/~\ .v.r ~'~ h ,,~ i~ ,k Cl"",," ""j" j;. ,".- a "7 r ::: \. \. 1}J0l.~~ :: 1j ., :J -~ ,: \. ~l _':3I,IE 1...11 J' ,.~ pp-....,.., 6763SC.,S __~_ 'II- ~- ' One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 .",_. " :JL J"" ,,) .^ ~~,~, ~~". _I~~~" .,.,__.b"'..'....b___.,~U'.;.;... .n.';\.~' 1,:' -_i~~, ", '. ."il <-,,, " ~ , ~., "" " "^-"~". " ~, ",'"' y~' . . 0 C) 0 C ?" -" -0 En ." .-< ?~ ["'1 ",. '-:':.) .. ~ . '::'''; --c' ~, <: .- , . ;F {=~ .. L ~..> Z n__1 ~ ....., (j) -< I[~ ~ ~. J~ .' , ., ~,.L " ,,- ~-~; . , -. COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2 000 2700 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants RAYMOND E. GREENE, JR. AND CATHY L. GREENE for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $10.02 from 10/1/99 to 6/1/00) Late charges ($205.19 per month to 17.01) Escrow Deficit 5% Attorney's Commission $41,236.81 $ 2,434.86 $ 136.08 $ 205.19 $ 2,061.84 TOTAL $46,074.78** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I:\HOME\MKF\DOCS\CUMBERLA\GREENE.P ~m_ ~--, ., ~-~ ~,,~ ,. 'tl, .... . - . . COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 2700 IN MORTGAGE FORECLOSURE ;1 CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I I' I I I hereby certify that on SEPTEMBER 6, 2000 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 L .v . COLONIAL MORTGAGE COMPANY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 -2700 RAYMOND E. GREENE, JR. AND CATHY L. GREENE Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE , , f II I': DATE OF THIS NOTICE: September 6, 2000 TO: RAYMOND E. GREENE, JR. 135 EAST PENN STREET CARLISLE, PA 17013 ;: " CATHY L. GREENE 135 EAST PENN STREET CARLISLE, PA 17013 !'i ti THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. I',' I, iI "~I il f! IMPORTANT NOTICE " r:: " , ij YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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: !' ~I i~ Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-249-3166 PURCELL, KRUG & ER By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 717-234-4178 - ,1 ~ M " _h."" ,~- , _"V ",) .. . '....... COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 2700 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON"P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the" Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and s~cribed before me thisy day of <:til~ 20 C4 LEON P. HALLER, ESQUIRE rw l/\H~AL SEAL ;(. FEFjP:FfTi, Nctary Public LO\",'['; DAUPHiN Counly My Commission ExpiresAUGUST 8, 2002 ~.' '.-I!It,J .J -~. "'iid.l:iji~~_~Ji!m~lill'~~""""'~= .,"-,"""""""" "' -~ ',,,~~-=, ,~,~,~- "'- ,- ."," y, ,~,- ,'<",_"'k,--<_;< '" ~"""'; c ~ (J ~ 'j4.. i r C\ ~ j ~ ~ ~ .0 --t .... "\Y R ~ . 8 u F J o c s: -Ow rnrn 2:-1:; Z-- U))> ;:5 C-,; / - 5>(.. ~ ) =0 Pc: 2.: =< ",' " .- . C) c:> CJ p, n o 'T1 :,~ f-iij-1J -,1fTl '{)Q !:~~ ('=srn ..~ ',,. :0 -< rv """ :3J: LD ~ C.:> ~ . ~-~~ J" '" , ",,' <" , ,'''. -.' -";,,~_C"" b.- ',,1, ~ "'-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANlA CIVIL DIVISION i I PRAECIPE FOR WRIT OF EXECUTION Caption: (, ) Confessed Judgment (XX) Other IN MORI'GAGE FORECI.C6URE File No. 2000 2700 COLCNIAL MORl'GAGE CCMPANY, PLAINTIFF vs. RAYMaID E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS Amount Due $46.074.78 ./ 2,805.60 .. Interest $10. 02/diem 6/1/00 to J/I/01 Late charges $17.01/mo Escra-l Deficit Costs 136.08 ,,2,000.00 TO THE PROTHONOTARY OF THE SAID COURT: $51,016.46 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND for debt, interest and cOsts, upon the following described property of the defendant(s) Real Estate: 135 East Penn Street, Carlisle, PA 17013 County, REAL ESTATE: REAL GlNER: and all other proper of the defendant(s) in the possess n, custody or control of the said garnishee(s). IN M FORECLC6URE ATTACHMENT EXECUTION Issue writ of attachm costs, as above, directing atta o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 12/8/00 Signature: Print Name: Address: leon P. Haller, Esquire Purcell, Krug & Haller 17]9 NQrth PYORt ~tpgQt Harrisburg, PA 17102 Attorney for: Telephone: Supreme Court 10 No.: PIAINTIFF 717-234-4178 1115700 (over) ~ - ~-- :.-' < \. . , ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by an 18 foot wide alley; on the East by property now or formerly of John Keller's heirs; on the South by East Penn Street; and on the West by property now or formerly of James C. Holmes, having a frontage of 20 feet on East Penn Street, and extending in depth at an even width of 120 feet to the alley aforesaid. HAVING ERECTED THEREON a two story frame dwelling house known as 135 East Penn Street, Carlisle, PA. BEING THE SAME PREMISES WHICH Gery A. Hepschmidt and Shirley L. Hepschmidt by deed dated 5/19/95 and recorded in Deed Book 122 Page 405 granted and conveyed unto Raymond E. Greene, Jr. and Cathy L. Greene. TO BE SOLD AS THE PROPERTY OF RAYMOND E. GREENE, JR. AND CATHY L. GREENE ON JUDGMENT NO. 2000 2700. ASSESSMENT #02-20-1800-203 . 'wi,'"" 'M_"_"__'~_~~'__"" -Witlir" "I:l-J ,~.- d - "'. ,",",,'.., .. i . , ~ (") ..... ~ -- "';t. ~ "'9. ..4) -!v ...() " ~ .4 ;--.. , ~ f' :--- ~ " d 8 ~ Cc 8 0 ~ g 0 () Q ~ ~ I I J (Y "0 I' .,.... ~ r: ~ ~ ~ 0 0 I ., c: 0 0 ... -o$: ., ~ , , ~ ., ~ Cl ., ~ ill 1"1 ,~ 2?C1 'Or (J :'~-'l,:J} ~€ :z: ...J..:' , , ., ., 0) C;:,. N .~~g$- "- ~ , ~ ~ ::< "'.:", r::C' :) (~ "'" - 2: ".2,'_-;0": )>,--- r\+: 7''-./ -4 ~O '~;;:C) Pc: tf? (5C[7 Z Co) =:::-I =< ~ .j:- :0 -< ./,_~__~'..,C~J~'''J L ,.,"_ _Y,^,,_""_ -." --. , r~.,' ." y,. . - ,- ~ - '0 ".m'__ . COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 2700 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 135 EAST PENN STREET, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Raymond E. Greene, Jr. 135 East Penn Street Carlisle, PA 17013 Cathy L. Greene 135 East Penn Street Carlisle, PA 17013 2 _ Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the .,~, ~'=,;;'i,~ f i: I , " " " i "~I , :j 'I I I !i I 1:1 , i :, ~ :1 I i ;! ,il ii II " li ~i \i I ~ i I :1 ! ,---~ ~ ,- ~.- ., ~ c". -~f, r UNKNOWN 7 . Name and address of Plaintiff has knowledge who has may be affected by the sale: every ,other person of whom the any interest in the property which TENANTS IF ANY... Domestic Relations .Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relatin to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 8, 2000 tiC-" ",k.i...,___"..,,-___..-. cA'" ,,' " -~ ,,,,.~ ,~ ," . ~. ", -~ , ^ ~,'-. ~, " ",. ~-.~ '-"'--1 .' ,. ~ 0 a 0 c C) '1 :? 0 -Om '4 ", ".,~ mr", " {h:n Z:T) , 2"1-'" ,.-;!TI 0;12: N :-J'50 ~c~ t:26 )":::0 :> ;i:: ::g z ::r:: ';~o )>0 c '!? orn z ~ =< w ::0 .j:"" -< , .. ~ ~~~ ","",-'" - < , COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 2700 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal . description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 135 EAST PENN STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 2700 THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property is: RAYMOND E. GREENE, JR. AND CATHY L. GREENE ,.." ;~;:' ! ! i , , I, i. I I:; I', !;' - '-J'. >, ",," , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS aEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE TH~ OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This '"""" '.d..o,,'" I , i I Ii H Ii " i, [! Ii ii .1 " , !1 ~-~ ~".., =,~_. - -<= " ~ ' - , k-'r", , petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. I I I , ,: , I" !-, A copy of the Writ of Execution is attached hereto. I PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ! 1 I' , I I:': ""''''' ~M - ~ ~ ' , ; ,-~ ,';' ~' .'" ~~.,'~ , ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by an 18 foot wide alley; on the East by property now or formerly of John Keller's heirs; on the South by East Penn Street; and on the West by property now or formerly of James C. Holmes, having a frontage of 20 feet on East Penn Street, and extending in depth at an even width of 120 feet to the alley aforesaid. HAVING ERECTED THEREON a two story frame dwelling house known as 135 East Penn Street, Carlisle, PA. BEING THE SAME PREMISES WHICH Gery A. Hepschmidt and Shirley L. Hepschmidt by deed dated 5/19/95 and recorded in Deed Book 122 Page 405 granted and conveyed unto Raymond E. Greene, Jr. and ,Cathy L. Greene. TO BE SOLD AS THE PROPERTY OF RAYMOND E. GREENE, JR. AND CATHY L. GREENE ON JUDGMENT NO. 2000 2700. ASSESSMENT #02-20-1800-203 i~..Iif~._~di:il~ilIIilrW-"'~-~~~?jr'liltilO_~~ J< ,R, <";:,,,}~!.<JiM ,;~.,~L,,"'itc,' )1 _,,0;_., 'F'F_" ", ",,~ " ""''''''' ~""' , ~. ","". .< , 0 0 0 C 0 " Z '=' .-! ~. "7J(::;:;:; ,., ;":'1# 92'9 C") '"--ill ZC Jy (f),,:,!: N ::~} -<~;::.. :-~~~ r;CJ ~ "r \. ):;.r.... :.x .'_S-n 40 ~2: C? )>c 'P. Ql , ---"1: Z ,:..) :J> :< "0 - '< r-l . - > IhIi . , , . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ' ~ ____'_________________________________________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which __________n____ Mortgage Electronic Registration Systems Inc ___________________________.__________________________-_____________________________ ~ thegranree the same haviIlg been sold to said grantee on the ____~E!t________________________________________ day of March < ________________________________________ A. D., , o_~___, under and by virtne of a wriL_____________ Execution . 12th ______ ______,_______________ _________ __ ___ __ ____ISSUed on the ________ ______h _ ___ __ ______ __ ____ ___ Dec day of __________________________ A. D., 00 __no' out of the Court of Cornman Pleas of said County as of Civil 00 _____________________ _____ ____.'. __ _____ ___ _______ _________ ________________________ Term, , 2700. Colonial Mtg Co ~unober______________,atthesUJtof-------------------------______________________________________ ______ ______~_______________ _______ againsL______:g.!l..Y..l!!Q!.l.!tJ~ _~_:r:~ ~!l~__JI'_A_CsttJl)!_1___ _______ is 243 77 duly recorded in Sheriffs Deed Book ~o. ________n__' Page ____________. I~ TESTIMONY WHEIlEOF, I have hereuuto set my hand and seal of said office this h_(!A_ day of -------;~-~---------1~ t~L~~ ( _____~ 1_____~ ffHReCOrder of1leeds Recorder of Deeds. Cumberlend Caanty, CmlisIe, ~ My CommiSsion EXjlires ltIe filsl Monda, of Jaa._ " ~"~' ~ ~ . ~~.." , Colonial Mortgage Company -vs- Raymond E. Greene, Jr. and Cathy L. Greene In the Court of Common Pleas of Cmnberland County, Pennsylvania No. 2000-2700 Civil Robert L. Fink, Deputy Sheriff who being duly sworn according to law says on January 16,2001 at 8:15 o'clock P.M. EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Raymond E. Greene Jr. by making known unto Cathy Greene wife at 60 Center Street, Carlisle, Cmnberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Robert L. Fink, Deputy Sheriff, who being duly sworn according to law, says on January 16, 2001 at 8:15 o'clock P.M. EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Cathy L. Greene by makin gknown unto Cathy Greene at 60 Center Street, Carlisle Cmnberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Dawn L. Kell Deputy Sheirff, who being duly sworn according to law, says on January 5, 2001 at 8:15 o'clock P.M. EST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Raymond E. Greene Jr and Cathy L. Greene located at 135 East Penn Street, Carlisle, Cmnberland County, Pennsylvania according to law. 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 notice of the pendency of the action to one of the within named defendants to wit: Raymond E. Greene, Jr. by regular mail to his last known address 60 Center Street, Carlisle, Pennsylvania. This letter was mailed under the date of Januaryl7, 2001 and never returned to the Sheriff's Office. 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 one of the within named defendants to wit: Cathy L. Greene by regular mail to her last known address 60 Center Street, Carlisle, Pennsylvania. This letter was mailed under the date of January 17,2001 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 within described premises at pubic venue or outcry at the Court House, Carlisle, Cmnberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock A.M., E.S.T. and sold the same for the smn of$1.00 to Attorney Leon Haller for Mortgage Electronic Registration Systems, Inc. It being the highest bid and the best price received for the same Mortgage Electronic Registration Systems, of 8120 Nations Way, Building 100 Jacksonville, FL, being the buyer in this execution paid SheriffR. Thomas Kline, the smn of$636.85 it being costs. Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage 30.00 12.49 15.00 15.00 30.00 10.00 .50 1.00 6.20 ~~~-, , Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 1.49 15.00 30.00 223.55 169.59 25.53 25.00 26.50 $636.85 paid by attorney 4-19-01 Sworn and subscribed to before me This ;u, ~day of ~:J 2001 A.D. C:~lr' .tP'7lA,PP. .;,~ thonotary ..........""-~"" ......_:~Llilji~Wtjl!I'; So an~ ~ , .~t:~-.., R. Thomas Kline, Sheriff ByA~/"'I. JLg Real Estate Deputy r;.J&' J;.;A .31>. (jl) {ll L Q ]J/3'" ~1I(J18' .. , .d!I," . ~. . '~"'-= .,-, ''"-if~1''~,1 . . Cop~. . COLONIAL MORTGAGE COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 2700 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 135 EAST PENN STREET, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): . Raymond E. Greene, Jr. 135 East Penn Street Carlisle, PA 17013 Cathy L. Greene 135 East Penn Street Carlisle, PA 17013 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every ju.d~ent creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6 . iIiterest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the ,~- ~~~.. "- "', ,-. ~' "l!;;! .. '1 UNKNOWN 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) , I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the. pen~lties of 18 ,PA C.S. Section 4904 relatin~~o unsworn falslflcatlon to authorl tles ...f/~" --------~~ ! Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 8, 2000 .".1; _E6F 1111: S"'S: OOIfIli"RLilN!1l COl!NW' DEe IZ L! os PH '00 G,' pI [('I ~. fJ"aLlv.....l- PENNSYLVANIA .. ~ . ,"_, ,.",.~~~l\'ilJI!1~~_rfii"U~,-_fWl i;,_I~~!,!m"il!'\!~~)g;;!Imr~IlC.-"';~\-~", ,,",,_~:_f!!O!fi"Ij!~'ffli'I~~'liI'--<<[fl!IliM'!lIMi\If'; . ~~ "'~"'. ' . VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i"- I' i ~ r COLONIAL MORTGAGE COMPANY, PLAINTIFF , '~ '" RAYMOND E. GREENE, JR. AND CATHY L. GREENE, DEFENDANTS CIVIL ACTION - LAW NO. 2000 .2700 IN MORTGAGE FORECLOSURE I:! I" ;,\ NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 '~, TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 200l TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: l35 EAST PENN STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 2700 THE NAME (S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: RAYMOND E. GREENE, JR. AND CATHY L. GREENE ~ ^' '" .~ .~ -~ rs, ~" ", , , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being enti tled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance c wi th this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This ~ . ~ . u ~iiir:.E , petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,- j, ,~, ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: On the North by an 18 foot wide alley; on the East by property now or formerly of John Keller's heirs; on the South by East Penn Street; and on the West by property now or formerly of James C. Holmes, having a frontage of 20 feet on East Penn Street, and extending in depth at an even width of 120 feet to the alley aforesaid. HAVING ERECTED THEREON a two story frame dwelling house known as 135 East Penn Street, Carlisle, PA. , BEING THE SAME PREMISES WHICH Gery A. Hepschmidt and Shirley L. Hepschmidt by deed dated 5/19/95 and recorded in Deed Book l22 Page 405 granted and conveyed unto Raymond E. Greene, Jr. and Cathy L. Greene. TO BE SOLD AS THE PROPERTY OF RAYMOND E. GREENE, JR; AND CATHY L. GREENE ON JUDGMENT NO. 2000 2700. ASSESSMENT #02-20-1800-203 J - - .' ""'*""'",: WRIT OF EXECUTION and/or ATIACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2700 CIVIL TERm CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Colonial Mortqaqe Company PLAINTIFF(S) from Raymond E. Greene, Jr. and Cathy L. Greene, 135 East Penn Street, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell s,,'" T ...grl1 Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ot """ ,1:\i ,';';' ,4 ~". , ~ GARNISHEE(S) as follows: ~ '.. . ~- -;, " '~;r '''.... and to 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 accblint6t!klhe dllfen~'t('S) and from delivering any property of the defendant(s) .orotherwise disposing thereof; , (3) If property ofthe defendan~~~not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthal he/she has been added as a garnishee and is enjoined as above stated. Amount Due ,$46 ,074<:iS'j > Interest H~i'86/~~~;~76~05"60; , LL $'.s'O Atty's Comm Atty Paid Plainmt Paid % Due Prothy $1. 00 OtherCo~s $17.0l/mo $136.08 Escrow Deficit - $2,000.00 $119.10 Date: December 12, 2000 Curtis R. IDng Prothonotary, Civil Division ~: a~, - 2 77;7~ Deputy REQUESTING PARTY: Name Leon P. Haller, Esg. Address: 1719 North Front Street,.' Attorney for: Telephone: Supreme Court 10 No. Harrisburg, PA 17102 Plaintiff 717-234-4178 15700 'l,,~_ih;1w";'hW!IL~~.uI~~liIOij,~<r-'~<"~~~,"-;'1~'~ilii0l"-"",,*"'loi.."'\<!000];"'~~ii~tilI~~W"t.~ ~ ," "",_.."..,h" ] ~ !II'f"l~ ""'tIlI REAL ESTATE SALE No. ~3 un .;P ~ I J. ;}dO the sheriff levied upon the defendant6 interest in the real property situated in ~ ~.AA 4 flnA.hlr- Cumberland County, Pa., known ~!ld numberedas:/}5E LJ1;./ !LA.. ~- ana more 11; "Jibed on exhibit "A" flied with iGorporated herein. ~"J~ "!~~~1 this writ and oy this referent!' -''.jte:,Lb...t. 13. arri VI HV ^ 1 ).,S IHl3iil _;~ ", ;-, \lH" :\ L,,: l ',0 l....I GO, II!, 110 P II 3~O HllOCO ')1," I,JUHf!-Q "jl~3'HS 3Hl j() 3~lJJlO ~"-'~",;-"~'"""'~---,--""",~",,.~ -,...--^",<.,.,,~,~-,'~ ,,,, ,- , ,J, Iio,,: (i;) c::;;:\J IIi:'Ml &?::::::I ~ IiViI ~ :~= REA~ESTATE-!i](CENo.23-- -- "7 WritNo.2DOO-2700 . ~~ CivirTerm .t=: ,.:-_:.-: ColonIal Mortgage '~ ~ Company ''=-'''''' vs ~_ ~]"Raymond E.Greenel,Jr. ~ -- *" and ~athy L. Greene .,.....,..,_ _~;.- Attv.LeonP,Haller ~~ "~' DESCRIPTION ~tr::.Tfti\T-CERTAIN tract of land, together with :""Jlie ihiR1'ovements thereon erected, situate in the ~B..prough of Carlisle,. .Cumberland CQunly, iJ!o(lsylvania,. bounded and described as follows: ".Gruhe North by an 18-foot-wide alley; on fhe. ~lby propel!Y now or formerly of John Keller's tfieirsJcGn the South by East Penn Street; and on 11l1~}Yestby property now or formerly of James ,y,Holmes, haying a frontage of 20 feet on East _ lNi)h Street,._<1nq '~~t~nding in depth at an even _tbJlcr~"ke.ltqtheaUeyaforesaid. ~ _ DlAVlNG ERECTED THEREON a 1,"-'10<)'_ rffJllle':;d~Ur~~ house known as ,]35 East Penn ~~t.Cani51~A. , ~ING:1l!nAME PREMISES WHICH G.<)' A. " ~pschinidt and Shirley L. H~pschmidt by deed "" aWLSr19/95 and recorded In Dee.d Book 122 - ~s:_e .ro5:granted and conveyed unto Raymond E. ~w~lr,-andCathy f~. Gre~e. no BE SQLP _,as toe j.'!r.operly of Raymond E. ~e;en-e. ~r, ~l,ld Cathy L_ Green_e on Judgment mo.,2000._'700..... , ~EsSMtm:i!lI2"Q,\W-m___'_ , ~~ ., lilt'" . ~. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot.News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot.News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 30th day(s) of January and the 6th and 13th day(s) of February 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot. News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauph., in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#23 Notarial Seal Terry L Russell, Notary Public Harrisburg, Dauphin COunty My Commission Expires June 6, 2002 Member, Pennsylvania Association of NotariMli commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 $ 168.09 1.50 169.59 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot.News and The Sundav 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. By.................................................................... RI!lAL ES'l!ATE SALE NO. 23 Writ No. 2000-2700 Civil Colonial Mortgage Company vs. Raymond E. Greene, Jr. and Cathy L. Greene Atty.: Leon P. Haller ALL TIiAT CERTAIN tract ofland. together with the lrnprovernents there- on erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and de- scribed as follows: On the North by an 18 foot wide alley; on the East by property now or formerly of John Keller's heirs; on the South by East Penn Street: and on the West by property now or formerly of James C. Holmes. having a frontage of 20 feet on East Penn Street. and extending In depth at an even width of 120 feet to the auey aforesaid. HAVING ERECTED THEREON a two story frame dwelling house known as 135 East Penn Street, Carllsle. PA. BEING THE SAME PREMISES WHICH Gery A. Hepschmldt and Shirley L. Hepschmldt by deed dated 5/19/95 and recorded In Deed Book 122 Page 405 granted and conveyed unto Raymond E. Greene, Jr. and Cathy L. Greene. TO BE SOLD AS THE PROP- ERTY OF RAYMOND E. GREENE, JR. AND CATHY L. GREENE ON JUDGMENT NO. 2000 2700. ASSESSMENT #02-20.1800- 203. ,c '-__, " I I ! I I I I I I I I I I I I I I , I , i I I I I I ~'" '~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND ; Roger M, Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regnlar editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JANUARY 19, 26, FEBRUARY 2, 2001 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ Roger M. Morgenthal, Editor ....... SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY. 2001 NOT ARtAr AL, rot5 E. SNV1>6R, Nolaty Public Carliol. Boro, c...bertand County, PA My CommlMicn bpi'.. March 5, 2001