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HomeMy WebLinkAbout00-03613 .~ .1 ~-, , , 'iaANKONE, NATIONAL ASSOCIATIDN, TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. fX). 3~1.3 ~ -r__ Plaintiff vs. CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG 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. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUmberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 AVISO LE MAN DEMANDADO A USTED EN LA CORTE. SI DESRA 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, OSU 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 17013 717-243-9400 ;:;,;:(::;:::,0;',-'. _:'--:_~ ,'"- -~, BANKONE, NATIONAL ASSOCIATION, TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Plaintiff vs. CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 91601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, 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. Un~ess 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 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff ," ~ -" l_fi .Cil &- ,-~ - < " -, . - " ._, "oL",~~"' BANKONE, NATIONAL ASSOCIATION, TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. rro - 3<..13 CWd ~ plaintiff vs. CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE TROY L. STOLTENBVRG AND JENNIFER K, STOLTENBURG Defendants COM P L A I N T 1. Plaintiff, BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, is a corporation, acting through its servicing agent Homecomings Financial Network, Inc., with an address of 9275 Sky Park Court, San Diego, California 92123. 2. Defendant, TROY L. STOLTENBURG, is an adult individual whose last known address is 65 PINE TREE DRIVE, NEWVILLE, PENNSYLVANIA 17241. Defendant, JENNIFER K. STOLTENBURG, is an adult individual whose last known address is 65 PINE TREE DRIVE, NEWVILLE, PENNSYLVANIA 17241. 3. On or about July 26, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $114,500.00 payable to HOMECOMINGS FINANCIEL NETWORK, INC., 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 Peeds Office of the within County and Commonwealth conveying to original Mortgagee the subject . , - ~ ",-,;;", premises. The Mortgage was subsequently assigned to BANKONE, NATIONAL ASSOCIATION, TRUSTEE, BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT and will be sent for recording. Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 65 PINE TREE DRIVE, NEWVILLE, PENNSYLVANIA 17241 and is more particularly described in Exhibit "13" 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 March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 114,076.36 (b) Incerest at $26.93 per day from 2/1/99 to 7/1/00 (based on contract rate of 8.500%) 4,039.50 (c) Accumulated Late Charges 0.00 (d) LaCe charges at $44.02 pe~ month for 5 months 220.10 (e) Escrow 0.00 (f) 5% Attorney's Commission 5,703.81 $ 124,039.77 *Together with interest at the per diem rate noted in (b) above after July 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 "-, , ',-" '-c', __:._,"' . ~ ",-, ~ "......--~ .'-,--' . , -"' ';~i 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 jurisdict.ion. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 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 8.500% ($26.93 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. PURCELL, ~ ~LLER By ~ Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 ~-&: , ' WoO ~. ~-'''''.~~ ADJUSTABLE RATE NOTE '. (1 Year Treasury Index - Rate Caps) THIS NOTe CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE UMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JULY ~~ 19991112 ~ (Date] 1"'- (City) --'\(.; 65 PINE TREE DRIVE NEWVILLE, PA 17241 [Slate) [Property Address] CERTIFIED TRUE A,'IJO EXAcr COpy OF THE ORIGINAL BY~f->e: 114, 500 . 00 (this amount is cal)ed HOMECOMtNGS FtNANCtAL NETWORK, INC. 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ "principal"). plus interest, to the order of the Lender. The Lender is I 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 heen paid. I will pay interest .at a yearly rate of 8.5000 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments evety month. I will make my Il10nthly payments on the first day of each month beginning on SEPTEMBER 1, 1999 . I will make these payments evet}' month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If. on AUGUST 1, 2029 , i still owe amounts under this Note..I will DaY those amounts i~..full on that date, which is called the "Maturity Date." I will make my monthly payments at P .0. BOX 660804 DALLAS,TX 75266-.0804 or at a differem place if required by the Note Holder. 11111111111111111111111111111111111111111111111111 N o T E (B) Amount of My Initial Montbly Payments Each of my initial monthly payments will be in the amount of U.S. $ 880.41 may change. . . This amount (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dales The interest rate I will pay may change on the first day of AUGUST 2000 ,and on that day evety 12th month thereafter. Each date on which my interest rale could change is called a "Change Date. " EK/1rbif ('A" Form 3502 3/85 ,""",,,-(Q (\~ 2121'1'<- .-822193051,01 ~ MFCD2051 ,to/97 MUlTISTATEADJUSTABlE RATE NOTE - ARM 5.2 ~ Single Family. Fannie Mae/Freddie Mac Uniform Instrument Pagelof4 VMP MORTGAGE FORMS. (800)521.7291 ~, ",,'_0' .'^' )ffu,: I (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index. " If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable infonnation. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND ONE FOURTH percentage point(s) ( 6.2500 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(0) below, this rounded amount will be my new interest rate until the next Change Date, The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal thall am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.5000 % or less than 6.5000 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate or interest I have been paying ror the preceding twelve months. My interest rate will never be greater than 14 . 5000 %, (E) Effective Date of Changes My.new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a. notice or any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a peISOn who will answer any question 1 may have regarding the DOtice. I!i!: S. BORROWER'SRIGlITTOPREPAY 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 1 make a prepayment, 1 will tell the Note Holder in writing that 1 am doing so. I may make a full prepayment or partial prepayments without payirig any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under lbis.Nole. If 1 make a partial prepayment. there will be no changes in lbe due dates on my monthly payments unless the Note Holder agrees in writing to lbose changes. My panial prepayment may reduce lbe amount of my monthly payments after the first Change Date followins my partial prepayment. However. any reduction due to my partial prepayment may be offset by an interest rate increase. j~ 1: ]" j, \' '" 1ft I.. i ~ ',1; v, 6. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is fmally interpreted so that lbe interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, lben: (i) any such loan charge sha1l 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. The Note Holder may choose to make this refund by reduciljg the principal I owe under this Note or by making a direct payment to me. If' a refund reduces principal. the reduction will be treated as a panial prepayment. .' " " l~ ., ~~ ;{ J{" ,t, it; ~ t' , ., ;' '. " ,-;- . \, Jo 1-" Ii} I 'i~ ,.. .. .~.822(9305J.01 ", .....& MFCD2051 . 10/91 Page 2 of4 Form~5 23 Inllisl.' " "" ..- 12t5 I. " , I~ I' , -' , , ~ '--< , -" ^,.' -" ~~ . .' .r. Co. ,'~ '. 7. BORROWER'S FAILUIm TO PAY AS REQUIRED (A) Late Charges for Ovllrdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 .0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will he in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a cenain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and alfthe interest that I 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. ' (0) No Waiver By Note Jlolder Even if, at a time wben I am in default. the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later lime. (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. 8. 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 thai 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 $tated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TIllS 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, ineluding 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 ofus may be required to pay all oftbe amouots owed under this Note. IO.WAIVERS I and any other person who has ohligations 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. 11. UNIFORM SECURED NOTE This Note is a unifonn instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mongage, Deed olTrust 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 I 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: ~-8221930S).Ol .. MFCD2OS1 ' 10/97 Page 3 cf4 F~:~~~/~ ~ - lllffiR .. " .. ,'< " '"= <> >.;;. , ~=' ,~ . Transfer of tbe Property or a Beneficial Interest in Borrower. If all or any pan 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 person) without Lender's prior written consent, Lender DUly, at its option, require immediate payment in full of all sums secured by this Security Inslrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Insll11ment. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the Intended transferee as if a new loan were being made 10 the transferee; arid (b) Lender reasonably determines tbat Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptahle to Lender. " To the extent pennitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender DUly also require the transferee to sign an assumption agreement thit is acceptable to Lender and that obligates the transferee to keep all the promiSes and agreements made in theNote and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 'l~,~fAh~= (Seal) -Borrower (Seal) -Borrower ::f~i i':i: I'..'.:,:. ,;:! j: (Seal) -Borrower [Sign OrigilUlI Only] r,'1 i:i " j' :. ~:! :+' io' , J I'.'" , :_~~ , , .' ~ ", .' : .. h ~~a22 (9305/.01 . .. MFCD205 I ' 10/97 Page 4 of4 form 3502 3/85 21215 " M ;, , I~' COMMITMENT EXHIBrr"A" FJLENUMBER: 9906-30001 COMMlTMENTNUMBER.: 9906-30001 ALL that certain tract or parcel of land situate in the Township of Cooke, C~ty of cumberland, and State of Pennsylvania, as .heretofore set out on that ce3;tain Plan of Lots known as Lake Warren Estates, said' plan being recorded in the O~~ice of the Recorder of. Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Pages 56 {, 57, and which tract or parcel. of land is more particularly bounded a:tld described as follows, to wit: BEGINNr.NG at a point on the western right-of-way line of Forest Road at the. intersection of said right-of-way line with .the dividing Lots Nos. 16 and 17 on said Plan; thence continuing , along said right-of-way line South 4 degrees 00 minutes West a distance of 100.91 feet to a point; thence continuingalpng said right-of-way line by a curve to the right having a rad.ius of 25 feet an arc distance of 32.61 feet to a point on the northern right-of-way line of Pine Tree Drive; thence continuing along said right-of-way line South 78 degrees 44 minutes 20 seconds West a distance of 140.48 feet to a point at the line dividing Lots Nos. 17 and 18 on said Plan; thence continuing along said dividing line North 9 degrees 30 minutes Wes't a distance of 166.60 feet to a point at the line dividing Lots Nos. 16 and 17 on said Plan; thence continuing along said dividing. line South 86 degrees East a distance of 192.83 feet to a point, the place of BEGINNJ:NG; BEING Lot No. 17 on said Plan of Lots. .... ,. I.D.#: 07-36-2947-003 011 00 2t '2--1 5" g- Deed Source: Book 174, Page 536 Property Commonly Known As: 65 Pine Tree Drive, Newville, Pennsylvania 17241 "":::> o 'I tfhI bli' ~B " .~ " -.-~ ,_., --" , , 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, BANKONE NATIONAL ASSOCIATION, TRUSTEE, BY RESIDENTIAL FUNDING CORPORATION ITS ATTORNEY IN FACT WITH A SERVCING AGENT OF HOMECOMINGS FINANCIAL NETWORK, INC. 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: June 7, 2000 ~/ --f Leon P. Haller, Esquire , ~' -,- ", "n~ __.'" . "W'" , , " ",-. , - -, ,-_"L ,. ~';.., ~'i,;.,,- - '~, " , BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I ~vt ~~~'~ited in the U.S. Mails at Harrisburg, pennsyl vania on I J l.( VV ,a true and correct copy of the Notice of Sale of Real state 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: Troy L. Stoltenburg 65 Pine Tree Drive Newville, PA 17241 Jennifer K. Stoltenburg 65 pine Tree Drive Newville, PA 17241 Water Financial USA, Inc. 13740 Highway 183 N. Building M-3 Austin, TX 78750 J.P.T. Financial, Inc. P. O. Box 90909 Houston, TX 77290 Green Tree Consumer Discount Company Eight Parkway Center 875 Greentree Road - Suite 325 Green Tree, PA 15220 Green Tree Retail Services Bank, Inc. 1400 Turbine Drive Rapid City, SD 57701 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 ,~, , .'" ~" 'n'_,_ "-,-",- " ,-" ~,- .c,', .' -""_'0'_ -, ~~ 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, PENNSYL VANIA 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: Troy L. Stoltenburg 65 Pine Tree Drive Newville, PA 17241 Jennifer K. Stoltenburg 65 pine Tree Drive Newville, PA 17241 Water Financial USA, Inc. 13740 Highway 183 N. Building M-3 Austin, TX 78750 J.P.T. Financial, Inc. P. O. Box 90909 Houston, TX 77290 Green Tree Consumer Discount Company Eight Parkway Center 875 Greentree Road - Suite 325 Green Tree, PA 15220 Green Tree Retail Services Bank, Inc. 1400 Turbine Drive Rapid City, SD 57701 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. YOU ARE FURTHER NOTIFIED that the lien you hold ag 'nst the said real estate will be divested by the sale and that u have an opportunity to protect your interest, if any, eing notified of said Sheriff's Sale. By: Leon P. Hal er PA I.D.15700 Attorney for Plaintiff > - ,~ ,. -,_,c<... "'rr~?~. .~ BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 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, DECEMBER 6, 2000 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: 65 PINE TREE DRIVE NEWVILLE 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 3613 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG - , ~ - ',-"~ j '"' , _ ,'".; ,"c' J'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 maybe 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 ," <<_k_ ;-_;"u ,~ ," .,._ C," 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 ,-. - "'~ ;.,,- ii; . ALL that certain tract or parcel of land situate in the Township of Cooke, County of cumberland, and State of Pennsylvania, as heretofore set out on that certain Plan of Lots known as Lake Warren Estates, said Plan being recorded in the Office of the Recorder of Dee'ds in and for Cumberland County" Pennsylvania, in Plan Book 18, Pages 56 & 57, and which tract or parcel of land is more particularly bounded and described as follows. to wit: BEGINNING at a point on the western right-of-way line of Forest Road at the intersection of said right-of-way line with the dividing Lots Nos. 16 and 17 on said Plan; thence continuing along said right-of-way line South 4 degrees 00 minutes West a distance of 100.91 feet to a point; thence continuing along said right-of-way line by a curve to the right having a radius of 25 feet an arc distance of 32.61 feet to a point on the northern right-of-way line of Pine Tree Drive; thence continuing along said right-of-way line South 78 degrees 44 minutes 20 seconds West a distance of 140.48 feet to a point at the line dividing Lots Nos. 17 and 18 on said Plan; thence continuing along said dividing line North 9 degrees 30 minutes West a distance of 166.60 feet to a point at the line dividing Lots NoS. 16 and 17 on said Plan; thence continuing along said dividing line South 86 degrees East a distance of 192.83 feet to a point, the place of BEGINNING. BEING Lot No. 17 on said Plan of Lots. HAVING ERECTED THEREON A DWELLING KNOWN AS 65 PINE TREE DRIVE, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Jeffrey T. Sutton by deed dated 3/30/98 and recorded in Deed Book 174 Page 536 granted and conveyed unto Troy L. Stoltenburg and Jennifer K. Stoltenburg. TO BE SOLD AS THE PROPERTY OF TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG ON JUDGMENT NO. 2000 3613. ASSESSMENT: 07-36-2947-003 0-'1' ..... c r- IT" I'T'I Postage $ -II ~ Certified Fee ru Return Receipt Fee M (Endorsement Required) C c:l Restricted Delivery Fee (Endorsement RequIred) c C Total Postage & Fel'S $ ;:r rn IT" IT" C r- TROY L STOLTENBUR 65 PINE TREE DRIVE NEWVILLE PA 17241 Postmark ,......nn.__.__......__n_______.___.. a- rn -II ;:r Postage $ CertifiedF-ee ,,~'-'''~''''~ 'r1~~~ n~:~" f/(/~~~\~~\ 91 'il'! ,>:. ,:0. " dJS ~F::/ j~.~,.... d"/~""''J/ "'/&M";;;~.'...? ~,/ ,'f'l_.~-.>"'" IT" JENNIFER K STOLTENBURG ,............................... g; . 65 PINE TREE DRIVE r- NEWVILLEPA 17241 ru Return Receipt Fee r:I (Endorsement Required) C C Restricted Delivery Fee (Endorsement Required) c c ;:r rn Total Postage & Fees $ . .,_. ,- ,~- -- ,-"..~. "-.w'. +,~- _"'-'~h".'_.','-';'"" w-.<,,' ",b'....; .:~ .. Re: Bank One vs. Stoltenburg Cumberland Sales 12/6/00 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Troy L. Stoltenburg 65 Pine Tree Drive Newville, PA 17241 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Jennifer K. Stoltenburg 65 Pine Tree Drive Newville, PA 17241 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Water Financial USA, Inc. 13740 Highway 183 N. Building M-3 Austin, TX 78750 Postmark: . ,,-c;, " il~ .G_ : "",,,_'.h-;~,,, ' !" ,-, ;..: ;-', :f""O,.,;"-,,~'>J,,,';h~;};.r'j;~~-;;,," .", 'eM"--'" , , U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: J.P.T. Financial, Inc. P. O. Box 90909 Houston, TX 77290 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Green Tree Consumer Discount Company Eight Parkway Center 875 Greentree Road - Suite 325 Green Tree, PA 15220 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Green Tree Retail Services Bank, Inc. 1400 Turbine Drive Rapid City, SD 57701 Postmark: . . . . U.S.POSIAGE : . . o 75:: E . - . . . . L -^~,"" "b,,' ~- '"".o"L.'.>'_, '"' .C"" '-, "", -" ' .--~ '2} ~,,"~,) -._'<"j;',_, "-, _, > ' ~ "--"; . . . . U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 , . . '" 0.60 . - . - . . . . . ,",> , ~,l_,' "oW' -', ~ , ~ 'c. """.""".F', ~ ,. . M '" ~"< , I~~ '\) P'- ;C'''' :z-)) r'-' (f))> ~---_. ,," ~I...') p- zt) -0 Pc Z ~," V. ,_ o c . . j" ~ I I. ,~._} (1 -;"~l --J !"1--" "-c:\,.. ~S~i" .::-t\_) .C:-T (" .-, -0 ::!:: I)? .7 .,-~ , ' ~ ,eo- ~==~ ~~ .. . ~~ . - 6~ -- "" ,,~,'- ~ ._~ Bank One, National Association In The Court of Common Pleas of Trustee by Residential Funding Corporation Cumberland County, Pennsylvania Attorney in fact No. 2000-3613 Civil -vs- Troy 1. Stoltenburg and Jennifer K. Stoltenburg R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff s Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Law Journal Patriot News Share of Bills 30.00 15.17 15.00 15.00 .50 1.00 13.64 2.98 15.00 20.00 30.00 339.80 252.45 23.15 $ 773.69 pd by arty 12/07/00 Sworn and subscribed to before me s~~ This .2/.-ar day of /J2,h~,.L.) 2000, A.D. ~ Q ~.~ r thonotary R. Thomas Kline, Sheriff. BY~h~~ti - eal Estat eputy "sO (it-. 3 I:) '7 J/! t2..u, "~ " -,. ',; '-k >:' COpy BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 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 65 Pine Tree Drive, Newville, PA, 1. Name and address of the Owner(s) or Reputed Owner(s): Troy L. Stoltenburg 65 pine Tree Drive Newville, PA 17241 Jennifer K. Stoltenburg 65 pine Tree Drive Newville, PA 17241 2, Name and address of Defendant (8) 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: Water Financial USA, Inc. 13740 Highway 183 N. Building M-3 Austin, TX 78750 J.P.T. Financial, Inc. P. O. Box 90909 Houston, TX 77290 4, Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) I;\HOME\MKF\DOCS\CUMBERLA\STOL TENB.PTF -, ",--,', "-"', 1 Green Tree Consumer Discount Company Eight Parkway Center 875 Greentree Road - Suite 325 Green Tree, PA 15220 Green Tree Retail Services Bank, Inc. 1400 Turbine Drive Rapid City, SD 57701 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 UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: 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.pemllties of 18.PA C.S. Section 4904 rela.ti~to unsworn falslflcatlon to authorltles. // _________?r Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 8, 2000 "',,.,-- , ~'o;.. "-,: '_'_-_0'_ " ~....~-;->~" .~--'-,-, 'KT BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 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, DECEMBER 6, 2000 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: 65 PINE TREE DRIVE NEWVILLE 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 3613 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG ~ , d-' .--". ---- - " ,__C_ ,-',,-, '. ~...D..-";' """; 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 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 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 < , ;~ -.- o' ^-'.- -,c_", >~. ALL that certain tract or parcel of land situate in the Township of Cooke, County of Cumberland, and State of Pennsylvania, as heretofore set out on that certain Plan of Lots known as Lake Warren Estates, said'Plan being recorded in the Office of the Recorder of Deeds in and for cumberland County, Pennsylvania, in Plan Book ~8, Pages 56 & 57, and which tract or parcel of land is more particu~arly bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Forest Road at the intersection of said right-of-way line with tbe dividing Lots Nos. 16 and 17 on said Plan; thence continuing along said right-of-way line South 4 degrees 00 minutes West a distance of 100.91 feet to a point; thence continuing along said right-af-way line by a curve to the right having a radius of 25 feet an arc distance of 32.6~ feet to a point on the northern right-af-way line o~ pine Tree Drive; thence continuing along said right-of-way line South 78 degrees 44 minutes 20 seconds West a distance of ~40.48 feet to a point at the line dividing Lots Nos. 17 and 18 on said Plan; thence continuing along said dividing ~ine North 9 degrees 30 minutes West a distance of 166.60 feet to a point at the line dividing Lots Nos. 16 and 17 on said Plan; thence continuing along said dividing line South 86 degrees East a distance of 192.83 feet to a point, the place of BEGINNING. BEING Lot No. 17 on said Plan of Lots. HAVING ERECTED THEREON A DWELLING KNOWN AS 65 PINE TREE DRIVE, NEWVILLE, PA, BEING THE SAME PREMISES WHICH Jeffrey T. Sutton by deed dated 3/30/98 and recorded in Deed Book 174 Page 536 granted and conveyed unto Troy L. Stoltenburg and Jennifer K, Stoltenburg. TO BE SOLD AS THE PROPERTY OF TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG ON JUDGMENT NO. 2000 3613. ASSESSMENT: 07-36-2947-003 ? --~~ -:,;;--,,;. ,.. ~- -.-" "~'\ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2000-3613 CIVIL 19< CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisly the debt, interest and costs due Ba.nk one, National Association, Trustee by Residential Funding Corporation, Attorney in Fact, PLAINTIFF(S) lrom Troy L. Stoltenburg and Jennifer K. Stoltenburg DEFENDANT(S) (1) You are directed to levy upon the property 01 the delendant(s) and to sell Real Estate:. 65 Pine Tree Drive, Newville, PA 17241 see legal description . ,;;~ ,'I . . I ." ~'., :: .' ' , (2) You are also directed to attach the property ot the delendant(s) not levied upon in the possession 01 t~,._' J-:" ';", !cMljj' il!._'!;\I;" GARNISHEE(S) as lollows: and to notily the garnishee(s) that: (a) an atta<<ilnp~Jilt has been issued; (b) the garnishee(s)is/a~\l!le'1joi!!.ed Irom paying any debt to or lor the account 01 the delendant(s) and Irom delivering any property 01 the delendani(s) or otherwise disposing thereol; (3) II property olthe delendanf(s)noflevied upon an subject to attachment is lound inthe possession 01 anyone other thana named garnishee, you are directed to notily him/her that he/she has been added as a garniShee and is enjoined as above stated. Amount Due per iudCjlllent $124,039.77 L.L. $.50 Inlerest $26.93 per diem 761/00 to 12/6/00 Arty's omm AttyPaid $122.82 Plaintiff Paid $4,254.94 % Due Prolhy $1. 00 Other Costs Late charges $44.02/month Escrow Deficit $176.08 $2,000.00 Date: ~AprAmhpr 1?, ?OOO r'nT'til=: R T.nng Prothonotary, Civil Division by: ~4d r,~~, 95 Deputy REQUESTING PAOTY:ll K & H 11 P' tree , rug a er Name Leon P. Haller, Esq. 1719 N. Front st. Address: Hnrrishnrg PA 17102 Attorney lor: Pl ,,; nT; H Telephone: 717-714-417 R Supreme Court lD No. 1 ~7(\(1 .. ',i-' '"'--~'w{BiiI=""C~~~~'!"Hil~_,j;;@!iIJ';~~ililim-,~y,Mifi0-T I' ~L,~,--, IIllliiliibIlMlIC.' ,~~ ~ '~..._- """"""'~_~ ....ri --''''"~~ -~~ -11,1...: i , '! REf\L EST J\ TE SALE No. tf'l < 'I '! I , i 'I I , " I ! On ~ n.:2Jzrr) the sheriff levied upon the defendam::. Interest in the real property situated in ~ t/. ti - -?"~ ~j? CumberlandCoYnty, Pa, kf1f:\i' .,'rj numberedas~gi Zu./2.(.(.Jo /JlO-'1.A'~f.i.. and morb "i,L'!ued on Exhibit "A" tiled with this writ aM Oy tnis reference incorporated herein. lat.kor.--L/9;)nrJ ByfM-4 ' . ~. ~ (-l c;:n) c;:;:;l t=::::J ~ tiVil i' f ,,' '-- ",,~ -,' ",,;;--,,,,,, ~- -:;",,~~, " -- '''~~ - '. ..1 1# ~. J f > ,j' BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 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 65 Pine Tree Drive, Newville, PA: 1. Name and address of the Owner(s) or Reputed Owner(s): Troy L. Stoltenburg 65 pine Tree Drive Newville, PA 17241 Jennifer K. Stoltenburg 65 Pine Tree Drive Newville, PA 17241 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: Water Finoncial USA, Inc. 13740 Highway 183 N. Building M-3 Austin, TX 78750 J.P.T. Financial, Inc. P. O. Box 90909 Houston, TX 77290 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : I:\HOME\MKADOCS\GUMBERLA\STOL TENB.PTF "'._-" . '. fl.....!' ........ ;. clt. . .,' ~ . - -~" i -_"" " ~.,ir i'" '" ',- ',-,',",,,-.; ,'-,' '"~._'..h' ci";,~ ---'i: Green Tree Consumer Discount Company Eight Parkway Center 875 Greentree Road - Suite 325 Green Tree, PA 15220 Green Tree Retail Services Bank, Inc. 1400 Turbine Drive Rapid City, SD 57701 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 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 0 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: September 8, 2000 i;; ~-~^ ........'~ ,'," "r~"":'"" o ~~ \J.f~- n\j:, ~?-o'. ~t:j ~2 :PC z _i -< \j i , Ii I " I' :n .. ~; 1 ""D I' ~.~I' N . , -=-, ~,.-> :D -< <on L -~ " "C :--'~ii BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 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, DECEMBER 6, 2000 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: 65 PINE TREE DRIVE NEWVILLE 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 3613 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG -0," ~-~" f 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 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 , ~l , '-l;, ( 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 or parcel of land situate in the Township of. Cooke, County of Cumberland, and State of Pennsylvania, as heretofore set out on that certain Plan of Lots known as Lake Warren Estates, said. plan being recorded in the Office of the ~ecorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Pages 56 & 57, and which tract or parcel of land is more particularly bounded and described as follows, to wit, ~EGINNING at a point on the western right-of-way line of Forest noad at the intersection of said right-of-way line with the dividing Lots Nos. ~6 and 17 on said Plan; thence continuing ~long said right-of-way line South 4 degrees 00 minutes West a distance of 100.91 feet to a point; thence continuing aloDg said ~ight-of-way line by a curve to the right having a radius of 2S feet an arc distance of 32.61 feet to a point on the northern ~ight-of-way line of Pine Tree Drive; thence continuing along said right-of-way line South 78 degrees 44 minutes 20 seconds West a distance of 140.48 feet to a point at the line dividing Lots Nos. 17 and 18 on said Plan; thence continuing along said dividing line North 9 degrees 30 minutes West a distance of 166.60 feet to a point at the line dividing Lots Nos. 16 and 17 on said Plan; thence continuing along said dividing line South 86 degrees East a distance of 192.83 feet to a point, the place of BEGINNING. ~EING Lot No. 17 on said Plan of Lots. HAVING ERECTED THEREON A DWELLING KNOWN AS 65 PINE TREE DRIVE, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Jeffrey T. Sutton by deed dated 3/30/98 and recorded in Deed Book 174 Page 536 granted and conveyed unto Troy L. Stoltenburg and Jennifer K. Stoltenburg. TO BE SOLD AS THE PROPERTY OF TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG ON JUDGMENT NO. 2000 3613. ASSESSMENT: 07-36-2947-003 =- ~.........- Co M'Mj!j~"",-~.<d.~'--U~~R~~!il~lMIJlil L' - " = , F"iIlIlIlllliJ' () c ~~: """~r'" d~;'" Z:~,~ I~ ::3 -, '" , 'of') :or'l V i<' ,'0 .~_. ~ -,' ~] --<.: , - ...". '.- ~ 't "'.' -' '-"'~' .. ~' ., ~~; ~ f . l. BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 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 TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG 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 $26.93 from 2/1/99 to 7/1/00) Late charges ($44.02 per month to 7/00) Escrow Deficit 5% Attorney's Commission $114,076.36 $ 4,039.50 $ 220.10 $ $ 5,703.81 TOTAL $124,039.77** ** 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, KRUG By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 1:\HOME\MKF\DOCS\CUMBERLA\STOL TENB.P ~f . , ~ BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS ~^ _, _ _0_-'_" . i ----"'<:;,,-; -~- ~::- ~V; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on AUGUST 24, 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 , _~ c, ];"'-..0 .. .'1 I I I i " . BANKONE, NATIONAL ASSOCIATION, TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3613 Plaintiff Vs. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG Defendants DATE OF THIS NOTICE: August 24, 2000 TO: TROY L. STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 JENNIFER K. STOLTENBURG 65 PINE TREE DRIVE NEWVILLE, PA 17241 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-249-3166 By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 717-234-4178 f" " 'i-,-'", ,-;", __,'.," ',;, -, L_~ '''-._.,~_. il'J . " BANK ONE, NATIONAL ASSOCIATION TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, PLAINTIFF VS. TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 3613 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 sUbs~bed : beforr mJ. th);:'. f day: of~ 20 L70 : ~~/A~ , o7J-ry Public LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLANO K. FERRETTI, Notal)' Public LOWER PAXTONTWP., DAUPHIN County My Commission ExplresAUGUST 8, 2002 ,~,.),c,,' ".,'c.., " ~-=,...-- ~ --''''-'lIW~'- ~ ........... ~ ~ r 2- ~l 't--\. ~~" -. - ~ o. .. ~ , ,~,.,;~;'''...'''''''. "". , ,. """Iiill"'" ~~ t ru ~~ c$ ~, '-J ~ c;r """- 0- o --0 ..(: r ~ "' \ ~ r ~ "" J~ '--'\.," rill' Z", :7 (j) -< ~~~, .- ~~ -~1 -(. '1 I I ,. . '-' c: ~r) :-';'1 --0 l'-~' -r-"" ~."I-~ ,..) t=:; . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION .,- PRAECIPE FOR WRIT OF EXECUTION Caption: Bank One, National Association, Trustee by Residential Funding Corporation, Attorney in Fact, Plaintiff (... ) (XX) Confessed Judgment Other IN MORTGAGE FORECLC6URE 2000 3613 File No. vs. Troy L. Stoltenburg and Jennifer K. Stoltenburg, Defendants . . Amount Due per judgment .. Interest $26.93 per diem 7/1/00 to 12/6/00 Late charges S44.02/month Escrcw Deficit Costs $124,039.77 4,254.94 176.08 2,000.01) TO THE PROTHONOTARY OF THE SAID COURT: Total $130,470.79 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: County, 65 Pine Tree Drive. Newville. PA 17241 IN MORTGAGE FORECLC6URE PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of crlMCli:IlL'\ND~ County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) REAL ESTATE: As . ndicate L. Sto te and Je . er K. S 01 a I other PNperty of the defendant(s) in the possession, custody or control of the said garnishee(s). r~/~-&d l-er~ u)lfUM'<(~Fe-l'f"(.j+i o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real e e the defendant(s) described in the attached exhibit. Date 9-{ -do , Signature: Print Name: Address: Leon P. Haller, Esquire Purcell, Krug & Haller )719 NQrth ~y~t S~et Harrisburg, PA 17102 Attorney for: Telephone: Supreme Court 10 No.: PlAINTIFF 717-234-4178 nS700 (over) .-e , 1'1 ~ ALL that certain tract or parcel of land situate in the Township of Cook~, County of cumberland, and State" of Pennsylvania, as heretofore set out on that certain Plan of Lots known as Lake Warren Estates, said" Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Pages 56 & 57, and which tract or parcel of land is more particularly bounded and described as follows, to wit, BEGINNING at a point on the western right-of-way line of Forest Road at the intersection of said right-of-way line with the dividing Lots Nos. ~6 and 17 on said Plan; thence continuing along said right-of-way line South 4 degrees 00 minutes West a distance of 100.91 feet to a point; thence continuing along said right-of-way line by a curve to the right having a radius of 25 feet an arc distance of 32.61 feet to a point on the northern right-of-way line of pine Tree Drive; thence continuing along said right-of-way line South 78 degrees 44 minutes 20 seconds West a distance of 140.48 feet to a point at the line dividing Lots Nos. 17 and 18 on said Plan; thence contintiing along said dividing line North 9 degrees 30 minutes West a distance of 166.60 feet to a point at the line dividing Lots Nos. 16 and 17 on said Plan; thence continuing along said dividing line South 86 degrees East a distance of 192.83 feet to a point, the place of BEGINNING. BEING Lot No. 17 on said Plan of Lots. HAVING ERECTED THEREON A DWELLING KNOWN AS 65 PINE TREE DRIVE, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Jeffrey T. Sutton by deed dated 3/30/98 and recorded in Deed Book 174 Page 536 granted and conveyed unto Troy L. Stoltenburg and Jennifer K. Stoltenburg. TO BE SOLD AS THE PROPERTY OF TROY L. STOLTENBURG AND JENNIFER K. STOLTENBURG ON JUDGMENT NO. 2000 3613. ASSESSMENT: 07-36-2947-003 .:'-,S'(,-;, " ~.. : ^~>C .lit" ~~ ~C'''~1Iirl '~""'~ \j""1WIy,J~- ,,~i'&I~.~ c" p~ , ~ ......... ~ . 9j t-r, I~\~ __ ~O ~ ?' ~~ l<->1:' ~[ ~ <ig . I -t:--...' "" C', ".., ~ ' J- ~-- -""C' IV \0\, :s \:! -<""0 ,.-,.~, -, ,-;.,,-- ~ ~~~ " "'''''W j-J:~ - I}....; ~ J . "?0 J'0 ......_ 'L_ "'~ _ ~ h f~' C" -:.; o.:-~' -'J -< .ii 1, ~ 11 , ~ ., \ Ii " ,. i I I I I ! ~ ,- ~"~ ~l . SHERIFF'S RETURN - REGULAR CASE NO: 2000-03613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VS STOLTENBURG TROY L ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STOLTENBURG TROY L the DEFENDANT , at 0019:24 HOURS, on the 15th day of June , 2000 at 65 PINE TREE DRIVE NEWVILLE, PA 17241 by handing to TROY STOLTENBURG 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 6.82 .00 10.00 .00 34.82 So Answers: r~~~t:~t R. Thomas Kline Sworn and Subscribed to before 06/16/2000 PURCE:~: KRUG ~Em, ~ Deputy Sheriff cc.... me this 7 - day of ~ (2tnrlJ A.D. Fl';/'< ,G: In,PP:'' ~)9~r;- othonotary - "" SHERIFF'S RETURN - REGULAR , ~ ~ -,,;. , CASE NO: 2000-03613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKONE NATIONAL ASSOCIATION VB STOLTENBURG TROY L ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STOLTENBURG JENNIFER K was served upon the , 2000 DEFENDANT , at 0019:24 HOURS, on the 15th day of June at 65 PINE TREE DRIVE NEWVILLE, PA 17241 JENNIFER STOLTENBERG by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before this 7 ~ day of ~ ~ A~D. ~ (L In<t'€~--: tJJpj P 0 honotary me S~~~t R. Thomas Kline 06/16/2000 PURCELL, KRUG & HALLER ~ By: () - KJI JJ !'rtiti> 7'/, f'xib. Deputy Sheriff j~'~~"' """""...,..,.~-'~"~" . ~ ~-"~-~-' . BANKONE, NATIONAL A~BOCIATION, TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT IN THE CQURT ,OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff NO. (}-() - a {. /3 CU;;i -r.v-v vs. CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE TROY L. STOLTENBURG AND, JENNIFER K.. STOLTENBURG 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 ai(ter the Complaint and notice are served,_ by entering a written appearance person~lly or by attorney and filing in writing with the court your defenses or objectionsl to the claims set forth against you. You are warned that if ypu fail to do so ~he .case may proceed without you and a judgment may be entereli against you by I=-he Court without further notice for any money claimed in the Complaint or foNany other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. . YOU SHOULD TAI<E 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. S Irvine Row, Carlisle, PA 17013 717-243-9400 AVISO LE HAN DEMANDAPO 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 US TED , 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 OSTED 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, PROPIEDADU 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 T RUE COpy FROM RECORD In Testimony whereof. I here unto set ttJy h8ftd .. tt1e seal of said ~ CarIIIi8. PI. This t.. day 2uvV ., /j"ur:l >~ r Prothonotary Legal services, Inc. S Irvine Row, Carlisle, PA 17013 717-243-9400 ,.~ o. ~ ~~ . . - >. BANKONE, NATIONAL ASSOCIAT10N, TRUSTEE BY RESIDENT1AL FUNDING CORPORAT10N, ATTORNEY IN FACT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Plaintiff vs. CIVIL ACTION - LAW- '" IN MORTGAGE FORECLOSURE TROY L. STOLTENBURG AND JENNI.FER K. STOLTENBURG Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 91601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, 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 1719 North Front street Harrisburg, PA 17102-2392 (717)234,-4178 Attorney ID #15700 Attorney for Plaintiff ~_.~~ . " BANKONE, NATIONAL ASSOCIATION, TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-0- .3(;J3 ~ I-t.- Plaintiff vs. CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE TROY L. STOLTENBURG AND JENNIFER K.STOLTENBURG Defendants COM P L A I N T 1. Plaintiff, BANK ONE, NATIONAL ASSOCIATION, TRUSTEE, BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT, is a corporation, acting through its servicing agent Homecomings Financial Network, Inc., with an address of 9275 Sky Park Court, San Diego, California 92123. 2. Defendant, TROY L. STOLTENBURG, is an adult individual whose last known address is 65 PINE TREE DRIVE, NEWVILLE, PENNSYLVANIA 17241. Defendant, JENNI~ER K. STOLTENBURG, is an adult individual whose last known address is 65 PINE TREE DRIVE, NEWVILLE, PENNSYLVANIA 17241. 3. On or about July 26, 1999,. the said Defendants executed and delivered a Mortgage Note in the sum of $114,500.00 payable to HOMECOMINGS FINANCIEL NETWORK, INC., 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 conveying to original Mortgagee the subject - - '. premises. The Mortgage was subsequently-assigned to BANKONE, NATIONAL ASSOCIATION, TRUSTEE, BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY IN FACT and will be sent for recording. Said Mortgage and Assignment are incorporated herein by reference, 5. The land subject to the Mortgage is: 65 PINE TREE DRIVE, NEWVILLE, PENNSYLVANIA 17241 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 March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 114,076.36 (b) Interest at $26.93 per day from 2/1/99 to 7/1/00 (based on contract rate of 8.~00%) 4,039.50 (c) Accumulated Late Charges 0.00 (d) Late charges at $44.02 per month for 5 months 220.10 (e) Escrow 0.00 (f) 5% Attorney's Commission 5,703.81 $ 124,039.77 *Together with interest at the per diem rate noted in (b) above after July 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 .'r,;~~ ~"> ~,< . 1 Ut"--< -. ~~ - J~t 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. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 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 t~e Housing Finance Agency not to qualify for assistance. ;~"'- "~ L "I i WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.500% ($26.93 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. ByPURC~HALLER Leon P. Haller Attorney for Plaintiff 1. D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 ""-- " . ." ..~.; r- O. ADJUST ABLE RATE NOTE (I Year Treasury Index. Rate Caps) '. THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JULY 1s~ .1999 tJj " '-'7 IDalO] 1"- [City] --1' . 55 PINE TREE DRIVE NEWVILLE, PA 17241 [8"10] [propelly Address] CERTrF1ED TRUE AND 00(;1' COpy OF THE ORIGINAL BY-?z,~ e:. 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ "principal"), plus interest, to the order of the Lender. The Lender is 114,500.00 (this amountis called HOMECOMINGS ftNANCIAL NETWORK, INC. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to rective payments under this Note is called the "Note Holder." 2. INTERESl' Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8 . 5000 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay bolh before and after any default described in section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. 1 will make my monthly payments on the flfSt day of each month beginning on SEPTEMBER 1, 1999 . . I will make these payments every month until I have paid all of Ihe princJpal and interest and any other charges described belaw that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on AUGUST 1, 2029 , I still owe amounts under this Note.J will Dav those amounts ill..!)"1 on that date, which is called the "Maturity Date." 1 will make my monthly payments atp .0. BOX 660804 DALLAS,TX 75266~0804 or at a different place if required by the Note Holder. 11111111111111111111111111111111111111111111111111 N o T E (B) Amount of MY Initial Monthly Payments Each of my initial monlhly payments will be in the amount of U.S. $ , 880.41 may change. " . This amount (C) Montldy Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my neW interest rate and Ihe changed amount of my monthly payment in accordance wIth Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of AUGUST, 2000, and on that day every 12th month Ihereafter. Each date on which my interest rate could change is called a "Change Date." EXJ: ib rf Iii" Form 3502 3/85 ,"I".",I'Q(\~ 212 iT'<- MULTlSTATE ADJUSTABLE RATE NOTE - ARM 5.2. Single Family. Fannie Mae/Freddie Mac Uniform '!'strument Oi822 t930l51.01 MFCD20S1 - 10/91 PD. 1 014 VMP MORTGAGE FORMS. (8001521.7291 ,-:...~~ '"""'~""......Ju~ "~ " ".~ .. . .,~ (B) The Index Beginning wilh the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant matUrity of I year, as made available by the Federal Reserve Board. The most recent Index figure available as of lhe date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index. which is based upon comparable information. The NOle Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, lhe Note Holder will calculate my new interest rate by adding SIX AND ON!> FOURTH percentagepoint(s) ( 6.2500 %) to lhe Current Index. The Note Holder will then round. the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits srated in Section 4(D) below, this rounded amount Will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monlhly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change. Date in full on the MalUrityDate at my new interest rate in substantially equal payments. The result <if this calculation will be the nlWl amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10,5000 % or less than 6.5000 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2,0%) from the rate of interest I have been paying for the preceding twelve monlhs. My interest rate will never be greater than 14 . 5000 %. (E) Effective Date of ChllDge5 My' new interest rate will become effective on each Change Date. I will pay the amount ,of my new monthly payment beginning On tbe first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder wiII deliver or mail to me a. notice of any changes in. my interest rate and lhe amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a peISOn who will answer any question I I1\3Y have regarding the notice, S. BORROWER'S RIGHI' TO PREPAY I have the right to make payments of principal at anytime before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I wUltell the Note Holder in writing that I am doing so. I inay make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will IISe all of my prepayments to reduce the amount of principal that I owe 1:IIlder this Note. If I make a partial prepayment, there will be no changes in lhe dne dates on my monthly payments unless the Note Hol&r agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However. any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOANCBARGES 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 pennitted limit; and (Ii) any sums already collected from me which exceeded pennitled limits will be refunded to me. The Note Holder may choose to make this refund by redUcing the principal I owe under this Note or by malting a direct payment to me. If' a refund reduces principal. the reduction will be treated as a partial prepayment. '\ F~::l.~~ 3~ r.'~ ~ " .~.8221930SI.01 " ~. MFCD20S I . 10/91 Pagll2of4 , "hi '" I . [~ m , ~ , \Hi I 1:'.* ~ ," ="~" - .~-~_. .~~~~> ".-'J-~ lV' '. .. .. 'r.c., ..; 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If lhe NOle Holder has nOI received lhe full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the fullamOlmt of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If. I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I 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 Bv!", if, at a time when I am in default.. the Note Holder does not require me to pay immediately in full as described 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 Ibis Note to Ibe extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice Ibat must be given to me under this Note will be given by delivering it or by mailing if by fIrSt class mail to me at the Property Address above or at a different address if I give Ibe Note Holder a notice of my different address. Any notice thai must be given to the Note Holder under thi~ Note will be given by mailing it by first class mail to the Note Holder at Ibe address stated in Section 3(A) above or at a different address if I am given a notice of that different address. " . 9. OBLIGATIONS OF PERSONS UNDER TInS 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 Ibings. Any person who takes over Ibese obligations, ,including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of Ibe promises made in this Note. The Note Holder may enforce its rights under Ibis Note against each person individually or against all of us together. This means Ibat anyone of us may be required to pay all ofthe amounts owed under Ibis Note. 10. WAIVERS I and any. other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means Ibe 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 Ibat amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holiler und~ this Note, a Mortgage, Deed of Trus[ or Security Deed ,(the "Security InstllllDent"), 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 !'late. That Security Instrument describes how and under what conditions I 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: '--822193051.01 ~ MFCD20S1 -10197 PlIgoll3 cf4 FO:~=~/~ ~ ~, -~- -- ,..~ f-'~'-. ,~,~ _I < I , '!<- ""'" . , ! I Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan 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 natura! person) without Lender's prior writtenconsem, Lender may, at its option, require immediille 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender infonnation required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that Ihe risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an asswnption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this $ecurity Instrument. Borrower will Continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. lbe notice sball 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 fails to pay these sums prior to the expiratiOn of this period, Lepder may invoke any remedies permitted by this Security Instrument without further notice or demand 011 Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~~k2lb4-.='. (Seal) -Borrower STOLTENBURG (Seal) -Botrower (Seal) -Bonower [Sign Original Only] , . , " : ." ~-B22 (930Sl.01 . '" MFCD205 I . 10/97 Page 4 of 4 Form 3502 3185 21215 :;% ~ ~~',......~~~"~ ,,- . " '--, '~,' - COMMITMENT EXHIBIT "A" FDU&~~ 9906-30001 COMMlTMENTNllMBER.: 9906-30001 ALL that ceJ:'taintract or parcel of land sitUate in the TOWDShip of Cooke, COWlty of Camber.land, and State of pennsylvania, as .heretofore set out on that certain Plan of Lots known as Lake WarreD'Estates, said. plan being recorded in the O~fice of the Recorder of. Deeds !nand for cumberland County, Pennsylvania, in Plan Book 18, Pages 56.. 57, and which tract or parcel. of land is more particularly hounded and described as foll9WS, to wit: BEGINNXNG at a point on the western right-of-way line of Forest Road at the' intersection of said right~of-way line with .the dividing Lots Nos. ,16 and 17 on said Plan; thence continuing . along said right-of-way line South 4 degrees 00 minutes West a distance of" 100.91 feet to a point; thence continuingalpng said right-of-way line by a curve to the right having a rad~us of 25 feet aD arc distance of 32.61 feet to a point on the norther.n right-of-way line of Pine Tree :Drive; thence continuing along said right-of-way line South 78 degrees 44 minutes 20 seconds West a distance of 140.48 feet to a point at the line dividing Lots Nos. 17 and 18 on said Plan; thence continuing along said dividing line North 9 degrees 30 minutes Wes.t a distance of 166.60 feet. to a point at the line dividing Lots No~. 16 and 17 on said Plan;. thence continuing along said dividing line South 86 degrees East a distance of 192.83 feet to a point, the place of BEGINNING; BEING Lot No. 17 on said Plan of Lots. .... " I.D.#: 07-36-2947-003 DY 0021 '2-1 5" S- Deed source: Book 174, Page 536 Property Commonly Known As:, 65 Pine Tree Drive, Newville, Pennsylvania 17241 ""::> ~ tlh/L:J,f /) 'I II i"i (/ _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, BANKONE NATIONAL ASSOCIATION, TRUSTEE, BY RESIDENTIAL FUNDING CORPORATION ITS ATTORNEY IN FACT WITH A SERVCING AGENT OF HOMECOMINGS FINANCIAL. NETWORK, INC. 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: June 7, 2000 ~ ~ Leon P. Haller, Esquire " E ~ ~ I I 1 I I '" ",.. e"^ -~"' """,,,,<,'7:"' ' ,!'; 1",,11\ .;:.:;'t 11 p ;"~ i', I , ,: ''"'I c~- .j lJ '. . I . 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