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HomeMy WebLinkAbout00-06391 SHERIFF'S RETURN - REGULAR , (... CASE NO: 2000-06391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS HOERNER RICHARD D ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOERNER RICHARD D the DEFENDANT , at 0020:10 HOURS, on the 20th day of September, 2000 at 909 MOUNT ROCK ROAD CARLISLE, PA 17013 by handing to RICHARD HOERNER 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 4.96 .00 10.00 .00 32.96 So Answers: r~~ R. Thomas Kline Sworn and Subscribed to before me this :JS ~ day of ~M-Z-~ .:urvv A.D. 01;,,,-,12. 7ruh.. n''''~ rothonotary I I 09/21/2000 GREGORY JAVARDIAN DJi~~ By: II "','c....-~. " ~ - ~~, 1,[ ~~~: SHERIFF'S RETURN - REGULAR , ,~ . CASE NO: 2000-06391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS HOERNER RICHARD D ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOERNER LINDA S the DEFENDANT , at 0020:10 HOURS, on the 20th day of September, 2000 at 909 MOUNT ROCK ROAD CARLISLE, PA 17013 by handing to RICHARD HOERNER (HUSBAND) 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~A"~~l R. Thomas Kline 09/21/2000 GREGORY JAVARDIAN Sworn and Subscribed to before By: D~4f me this .Us ~ day of is;. I.. . ~ AD P~&:o~ ~ II ~ " J.-I " , . ; " LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF Co.MMON PLEAS TRUSTEE OF IMC Ho.ME EQUITY LOAN TRUST 1998-6 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 5901 E. FOWLER AVENUE TAMPA, FL 33617 vs. RICHARD D. HOERNER LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against RICHARD D. HOERNER and LINDA S. HOERNER, Defendant(s) for failure to file an Answer to Plaintifl's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintifl's damages as follows: As Set forth in Complaint Interest 6/30/00 to 11/13/00 /-, $83,870.45 3.217.76 TOTAL $87,088.21 I hereby certify that (1) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance wi Rule 237.1, copy attached, Damages are hereby assessed as indicated. DATE: ,/I)or'J IL. ;Jrv<,O . (l"AL, ) kl ~ PRO PROTHY (/ II , .... ~ ^ " , ."'", ; .. THE CHASE MANHA TT AN BANK, AS In The Court of Cornmon Pleas TRUSTEE OF IMC HOME EQUITY LOAN TRUST] 998-6 UNDER THE Cmnberland County POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No. 00-6391 Plaintiff v. RICHARD D. HOERNER LINDA S. HOERNER Defendants TO: RICHARD D. HOERNER LINDA S. HOERNER DATE OF NOTICE: 10/10/00 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personalJy or by attorney aod file in writing with the court your defenses or objections to the claims se 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 heariug 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 folJowing office to find out where you can get legal help. Cumberland Bar Associaf Lawyer Reference Se 1 2 Liberty A venu Carlisle, PA 1701 (7]7) 249-3166 ~ Gregory Javardian, Esquire 44 Second Street Pike, Suite 101 Southampton, Pa 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso, Al no tomar la accion debida dentro de ml tennino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte 0 escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importal1tes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona 0 llame por telpfono ala oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" I I ,1 I ~ ~ . . .. LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTlFICATIONNO.55669 44 SECOND STREET PIKE, SUITE 101 SOUTIJAMPTON, PA 18966 (215) 942-%90 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER VERIFICATION OF NON.Mll..ITARY SERVICE GREGORY JA V ARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that' on information and belief, he has knowledge of the follOwing filets, to wit: (a) Defendant(s), RICHARD D. HOERNER and LINDA S. HOERNER, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) Defendant, RICHARD D. HOERNER, is over 18 years of age, and resides at 909 MOUNT ROCK ROAD, CARLISLE, P A 17013. ( c) Defendant, LINDA S. HOERNER, is over 18 years of age, and resides at 909 MOUNT ROCK ROAD, CARLISLE, P A 17013. (d) Plaintiff, THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 5901 E. FOWLER AVENUE, TAMPA, FL 33617. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 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" , ~, ._, L I, "H ,', - ~ "~!J, , J LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE ATTORNEY I.D. #55669 44 Second Street Pike, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK AS , TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 5901 EAST FOWLER AVENUE TAMPA, FL 33617 Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No, {)--O- (..39/ ~ -r..u- vs, RICHARD D, HOERNER LINDA S, HOERNER 909 MOUNT ROCK ROAD CARLISLE, P A 17013 Defendant( s) COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are wamed 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 II - L I " . ~ >..' ~ < ' . J!!L'ih_i ************************************************************************ I r , I NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1, This is an attempt to collect a debt and any information obtained will be used for the purpose, 2, Unless you dispute the validity ofthis debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days ofreceipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. II .~ " ~ , LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN 10# 55669, 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 9/1198 5901 EAST FOWLER AVENUE TAMPA, FL 33617 Plaintiff( s) COURT OF COMMON PLEAS CUMBERLAND COUNTY "'ltD. 0--0. (. 3 q I CloJ. I.b-- Vs. RICHARD D, HOERNER LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 Defendant( s) : COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1, The Chase Manhattan Bank, As Trustee of IMC home Equity Loan Trust 1998-6 under the pooling and servicing agreement dated as of 9/1198, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Richard D. & Linda S. Hoerner, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee by assignment. Said Mortgage was dated June 22, 1998 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1464 page 830, A copy of the Mortgage is attached and made a part hereof as Exhibit' A' , ,I ~. ~~'J J, ""^ ~~ ~," 2. The Mortgage is secured by Defendant(s) Note dated June 22,1998 in the amount of $75,200.00 payable to Plaintiff in monthly installments with an interest rate of 11.55%. A copy of the Note is attached hereto and made a part hereof as Exhibit "A". 3. The land subject to the mortgage is: 909 Mount Rock Road, Carlisle, P A 17013. 4. The defendant(s), Richard D. & Linda S. Hoerner are the real owner(s) of the land subject to the mortgage and the Defendants' address is: 909 Mount Rock Road, Carlisle, PA 17013. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance: Interest to 6/29/00 Accm. Late charges Attorney Fee/cost $74,763.24 $ 5,108.17 $ 299.04 $ 3,700.00 TOTAL: $83,870.45 plus interest from 6/30/00 at $23.66 per day, costs of suit and attorney fees. 6, In accordance with the provisions of the Act of January 30,1974, P.L. 13 No.6, Section 403 (41 P.S, 403), a Notice of Intention to Foreclose and the Notice of Homeowners' Emergency Mortgage Assistance is applicable and was sent JuIy 6, 2000, The Defendant(s) have not cured the default. II . ~ , , WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff s favor and against the Defendant(s), in the sum of$83,870AS together with the interest from 6/30/00 at $23.66 per day, costs of suit and attorney fees, Law offices of Gregory Javardian JA V ARDIAN II ~ L: r ,,?- .L e.. '" -1, - . 'I' BALLOON NOTE (FIxed Ratt) , THIS L9AN I~ PAYABLE I~ FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BAlAI)ICE OF TH~ lOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNOER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU W1U. THEREfORE. BE REQUIRED jro MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN. OR YOU Will HAVE TO, FIND A LENDER. WHICH MAY 8E THE LENDER YOU' HAVE THIS LOAN WITH. WILLING TO LEND YOU THE MONEY. If YOU REFINANCE THIS LOAN AT MATURITY. YOU MAY HAVE ,TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSO, CIATED WI'rH A NEW lOAN EVEN IF YOU OBTAIN REFlNANJf!I1~!,~ ~HE SAME.lENDER, \, . ' ~0~(f)().J'-tf>, June 22. 1998 CARLISLE , PA """'J ~ 0&'0500 q ~ I II I I II I, I , I II 1os\,~0>1 , )1 ,I r I , I 909 MOUNT RO~K ROAD CARLlSlEl PA 17013 I i [Prop,"" A<ld_l , 1. BORROWER'S mOMISE TO PAY , In ..e'urn for a !o..!. !hat I have recdVedf I promise '0 pay U.S. $75200.00 "principal'.'), plus intbrest, tQ the order of )he Lelj1der. The-Lender is IMC MORTGAGE COMPAMY , . r undef$Und that the Lender may uaosferlthis Note. The Lender or anyone who takes this Note by U'ansCer and who is entitled to receive payments under this Nat~ is called the HNote Hoider/' , , ' , ..". I' 2. INTEREST I,' lnterest wi1~ he c;harged IOh unpaid pd~ipal until the full amount of principal has been paid. I will pay interest at a y""ly rateon!l..sso I ~. The interest ra,'e, required ~y this Sectio-n 2 is the rate I wUl, pay both before and after any default described in Section 6(B)ofthlsN~." I 3. ~~~~ Pia.. o:paymCUls I I I 1 will pay principal and interest by making payments every month. ' I wHl make my monlJ1ly payments on uie 26 day 01 each month beginning onJuly 26 . 199B . I will make these payments' every month uncil r have paid aU of the prinCipal iwd interest and any other c.hatges described ~e1ow that I may 'owe; under this Note. My monthly payments will be applied to interest before principal. If, on JUn~6. 2013 . : . I still owe amount" under this NoCe, r wUl pay those' auntS fa MJ On cfut{ dace, Which, Is. called the "Maturity Date. .. , , I will make my mon y payments at S901 EAST FOWLER AVENUE , TAMPA. FLORIDA 3617 i or 31 a different place If,eqol,edby the Note Holder. ' (ll) A....wrt 01 Monthly Payments, . i My monthly payment wUl be in the amOunt of U.S, $ 747.57 . I 4. BORROWER'S RIGHT TO PREPA~ I have the right (o~Payments of pffneipal at any time before they ate due. A payment of principal only $ known as a '\prepayment.~~ enl make aprepaylnent, I wUl teU the Note Holder in writing fuall am doing so. I may make 4 tuh p t Q1 paniaJlprepayments without paying an)' prepayment charge. flbe Note Holder wUI use I all of my prepa.yments to eo the amoudt Qf prineipal that I owe uDder this Note. If I make a partial prepayment. dtere J wiU be no ~ges in the due 4a\e or in lh~ M'Df)unt of my monlhly payment unless the Note Halw agrees in writing. to '!hose chang... I i I . , 5. LOAN ClLUtqES, ,\ I If a JaW. . which lapplies 10 Ibis loan andlwbich sets maxim\tn11ollD charges. is fiDBlly rnlerpreted so that the interest Ot other loan charges ~oneoted or to be coneeled in _Ion wl!h ,!his 10.. ~xceed the permitted Ilmlt., then: 10) any .uch 'loon charge sh.n biredu~'" ,llIe _In""",." to reduce the charge to the perndtted limit; and (I(lany sums a1tWiy collected from me which ,ext.eded permittbd Ilmlts will be refunded \0 me. ,The Note Hnlder DIllY choo.e to J11Bke IJ1II refund by reducing the pimclpall owe nnd~! ,lhis Note nr by makiog . direct payment 10 me. II a refund redu... principii. the red\lGllon will be treated os . partial ptepaymelll. 6. BORROWER'SFAlLURE TO PAY lsREQUI1lED (A) Late Cbtu:'&e; for OVerdue hyments , . II !he Note 'Older has nol received the full "",unt of any monthly payment by the end of 'J. 15 . caleJtd.1r days after the da141t is du~, 1 will pay a'.Jate charge to the Note .f1older. The amount of the chargewlll be5.000! lb of my overduepaymenl olprincipal and intorest.I will pay 1J1I. late charge promptly but only once on each ~ate payment. (ll) Maull ' If 1 do not ,pay the futl amount of each nlonthly payment on tbt date it is due, I will be in default. MUL TISTATE BAl.LOON FJXED RATE NOTE . SI~11J FBml1y . FNMA UNIFORM INSTRUMENT I P.,.1M:l _-810 ,81'091.01 vw> M<lFrrtlA!3EfO!l.M$.\8001Il:tl.7291 let"'J {StateJ, I I (this amount is called I, Ii I, , .,-...., ..1, 3>~Y J!P-,,<?/I 1~1.1~~ , ! ..- --- < IlmIlIIIIIlIIRIIRI~ I I , - HI I' .: . I U 1 , ' ! ! ' (e) Not!<< of Default I I l' , If I. am 10 default. the Note Holder maYI send me wntten notlce ldJmg me tbat if J do not pay the overdue UlOtlRt by a ecrtllm date, the Nole Holder may requi~ me (0 P 'f iMmediately the fuU amount of principal which has: not been paid and all the interest that I owe on that am8unt. That date muu lie at least 30 days after the date on which the, notice is delivered or mailed to tne~ j 1D)'No WalY<r lly Not Hold<r , Even if. at a time wh I am in default. the Note Holder dtlcs Dot require me 10 pay immedialely in fun as described above, the Note Holder wi still have the right lo do so if I am in default at a Ja:ter,Hme. (E) PayMent of Nofe ol({<<'s Costs and Expeoses , If lhe Note Holder has required me to riay immediately in lUll' 8.'; described above,' the Note Holder will have the right to be paid back by me for all ()f its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example. reasohable "uomeys' fees. 7, GIVlNGOFNOTI:CES I ' UnJ.tss applicable law requires a differt~t method, any notice that must be given (0 me under this Note will be given by detivenng it or by inail,ng it by first ctaJs mail to me at ~e Property Address above or at a different address if 1 give the Note Holder a notice afmy different addreSs. '. I Any notice that must be given to the N~e Holdee under dt!s Note will be given by mailing it by fiest class mail to the Note Holder at the address stated in SectJon 3(A) above or at a dif{eretlt addre;s if I am gi"en a notice of that different address. i . ",' I 8. OBLIGATlONSOF PERSONS UNDER THIS NOTE If more t;han one pef'SOD signs this Note! eacl1. person is fully and personally obligated to keep all of the promises ie in this Note, including dIe promlse to pay the full amount owed~ Any person who Js a g\W'3Iltor. sure\)' or endr.rser () is Note it alsO obliga~ed to do these Uungs.!Any person woo takes over these obligations. ilJcluding the obligations fa guarantor, surety or:en4orser of this No~. i5 'also obligated to keep all or the promises made lD this NOle. The ole Holder may enforce its rights under \his Note 'against each person indi.viduall)' C)T against 311 of us together. This me'M\S that l1JlY ODe of us may be required to pay ~l of the amounts owed under lhls Note.' I , 1 9. WAlVlmS \ I and any other person who hll$ obligations uDder this Note waive the rights of presentment and notice of disbonor, "Presentment'* t'nelnS the right to require'the Note Holder to demand payment of amoUQCS due. "Nodce or dishonor" means ,the ritht to require the Note Hohler )0 give notic.e ia oth~r ~erso~ that amounts dQ.e have not been paid. 10, UNIFORM SECURED NOTE I Thts Note is a tmiform instrument with IHroited variations in some jurisdictions. In addition to the- protections given to the Note Holder under thi; Note. 11 Mortgage, Deed of Trusc or Security Deed (the ~'Security Instrument"), dated the same date as this Note. Rrotects '!1ejNOle Holder (rom possible losses which might result if I do noC keep the prom, ises which I make in \his Note. Tha!~\\rlty Instrument descri1;Jes how and UDder what conditions [ may be requited to make immediate payment in full ~f all amounts 1 ,we under this Note. Some of cbose conditions are described as fonows: Transrt: of the I operty or a >>~efldaJ Interest in lJ01'TOWet'. If all or shy part of the Property or any interesq in it is- sold or traosferred (or if a beneficial interest in Borrower is soJd or transferred and Borrower is nOt a natural person) without Len'd~r's prior written eaIt$enC. Leader may, at its: 'option, require, immediate pa)'lTltnt in. full of all sums secure(n~y this Security [nstn.unent. However, this option shall Rot be exercised by Lender if exercise is prohibited. tbr federal law as of the date of ibis Security [nstrument. ~ If LeD,d<r, ,exercises, rhis option" l.q1der shall give Bonower notice of acceleration. The notice shall I pi vide a -periodJ-of not Jess than '0 dll)'S from the oote the noticelis delivered Of mailed within wWch B rtOwet"J11ust pay aU sums secured,:by tbis Security Instryment. If Borrower ra.Us to pay these BUms prior 10 II the expiration of this period, Lender may invoke any wn4dies pennitted by Utis Security Instrument without further notice 0[' demand OD Borro~r. I I i I , WITNESS THE WfD(S) AND SEAL(S) ?F nm UNDERSIGNlID. I', ~{)__~~ ,~Cl/AROO. 007 ~ ~~RNER ~ , I I, (Seal) .Bor:r6...er (Seal) .Il<>nowo!r (S.~) , f -Bomawer p(Seal) -Borrower (SignOd lnal Only) I 'I ,. -670 187091,0' ~ I Form 3260 3(87 PlD~ '2 of::Z 1, I I 1 , , , I) ! II I Ii " -I ''-/, ~, ."- r , ,- " .1 , , "~, ~ "f ,,;' I , " , Ii " ~ I CER1\f\ED&UE C~~Y , I Parcel Number: ' I , , I I 1 I L (Space Abo,c: Thfs Line For Rtcordirtg D.ata) I , " ' , , I I I MORTGAGE THIS MOiTGAGE ("secUrity lnstrumenh is given on June 22, 1998 RICHARD D .~OERNER AND LINDf. S. /iOERNER ' , , 1 I il I II I, r , , . The mortgagor is I ("Borrower"). This Security lnst=nt is givep. to .', . 1 IMe MORlhAGE Cb~rANY. A flORIDA ~ORPORATION I ' : whicb is organized and eJdsting under /he laws I of FLORIDA I, , and ib, ose address is 5901 W'f FOWLER AV~NUE : J TAMPA, FLORIDA 33617 : ("Len,,","). Borrow~r owes Lender clIe principal sUm of SEVENTY FIVE THOUSAND TWO HUNDRED and 00/100 , I i '. ' Dollars(U,s.S75200,OO , ). This debt is evidenced by Borrower's note \ dated the same date as this Security Instrument ("Note"), which provides for monthly paymen$' ith the full debt, if not paId earlier, due and payable on June 26, 2013 ~. , This, Security lns " ' nl secures to, Lemler: (a) the rev, ayment Of, the debt evidenced by the Note, with mletest, and aI renewals. extensions and .', 'lications of ,:,e, NOle; ,(b~ the paJ'lllelll of all other sums, with intereSl, advan:"tllDder par, raph 7 l? , prolect the secunty of this Secuoty lnstrumeril; and (c) the performance of Borrower's l101lW1rs an agreemelllS ""der thIS Security lnstrwnei.1 and the Note. For this purim.., Borrower does herepy mortgage, gtlltlt convey Lend.,- the following described property located in CUMBERlAND: 1 I County. PenmyIvania: I: ' I , , I I I , i I, ~ ,""'...... " , wbich has the address of 909 MOUNT ROCK: ROAD CARLISLE Pennsylvania 17013 [Zip Codel ("Propeny Address"); , PENNSYLVANIA.Slngle Familv.FNMAIFHLMCL ' llNIFO~M lNST1\UMENT Form 3039 9190 i G -6R(PAllt4fDl,Ol Am._:;epS/91 I Ct VMP-~"GAG$I'ORMS'1900l5'Jl.7Z.91 , Peg.1ofG lnlll&b:, I [stc~J' 1 ~11~~IUI;it~H~IIIIII~111 II I , I , II -- -- ",'II '- . I' j I -, 11 TOGETHER WITH aIll11e improve.ts now Or hereafter erected on the proPertY,. all r~1nents, hppunenaD<: s. and fIxtures now or hereafter a part of the property. All, replacements and .dditions shall also e covere~ by thip Security Instrument. All of the foregoing is referred to in this SecUrity Instrument as the "Property.' , BORROWER O=1VENANTS that BOIfO~er is lawfully seised of the emte hereby conveyed d has the right to mongage, grant and convey t~e Property and that the Propeny is unencumbered, except for e,ncumbrances of record. nOrtoWer wm:an~s and will defend generally \.be .ille to the Prope~ against all claims and demands, subject to any encumbrances of record, 1 " THIS SrCURITY INSTRUMENT pombines uniform covenants for national use and non-uniform covenants with imited variations by Jurisdiction to constitute a UjIlifonP security instrument covering real property. UNIFORM COVENANTS. Borrower and !..ender covenant and agree as follows: , 1. Poymerit ff'PrinciPal and Interest;: Prepaymen.t and'Late Charges. Borrower shall promptly pay when ue the prinCipal of and int rest aD. the debt evidenced by the Note and any,prepayment and late charges ,due under the Note. , 2. Funds for,Tnxes and Insurance. SUlJje<::tto applicable law or to a written waiver lJY Lender, Borrower shal paY" to I Lender nn the day monthly payments are due under the Note, untilllle Note is paid.in full, a sum ("Funds'") for:E) ye y tues and assessmenrs which may attain priority over this Security Instrument as a lien On the Property; (b) yearly leas, old P, yments or ground rents on the Property, if ony; (c) yearly ha:zard or property insurance premiums; (d) yearly flood insur ce premi$' jf any; (e) yearly mortgage insurance premiums, If any; and (0 any StUl1S, ' payable by Borro, wtr to Lender, in accordance, ith the provisions of paragraph, 8, in lieu of the p~yment of mongage insurance premiums. These items are calle\! "Esl:row lIe ." Lender may, at p.D.y tim:, collect and bold !I~ds in an amount not [~ exceed the IlUIXinU'r" amount a lender for a feder Iy related inortgage loan may requite for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time ,lO time, 12 U,S.C. Section 2601 et seq. ("RESPA"), unless another law thataVplies to Ille Funds sets a lesser amount. If so, Lender may, at ajIy time, collect and hold Funds in an amoUDt not to exceed the lesser amount. ' Lender may' estln)ate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in aceordance with ~pplicable law, ' II The Fundl; shall be held in an institution whose deposits are insured by a feder1l ag~, instrunumtality. or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender~ball apply the Funds !o pay the Escrow Items. ,Lender may nOl charge Borrower for holding and applying the Funds, annually linaIyzing the escrow account, or verifying the Escrow Items. unless !..ender pa~Borrower interest 'on the Funds and applicable law permits ~ to m~ such a charge. However/Lender may require Bomiwer to pay a one-lime charge for an independent real estate tal< ,otting se,;"ice used by Lender in connection with this Joalt, unless applical>le law provides otherwise. Unless an ag t is made or applicable law requires interest to.be p~i? L~der shall not.be required to paY.llorrower any interest or eamin~sJon ~e Funds. Borrower and Lender may agree ID wnhng, however, that, IUterest shall be paid on the Funds. Lender shall gIVe to Borrower, , without charge, an annual ,",counting of the funds, showing credits and debits to the Funds and the purpose for which each debit to Ille Funds wasJmade. The Funds are pledged as additional seeurlty for all sums secured by Illis Security Instrument;' If the F1p1ds heldibY Lender exceed the amounts permitted to be held by applicable law. Lender shall account to Bo$lver for the excd Pun~ in ~cordBnce with the rl,q!Jlrements of applicable law., If the amllunt of the PUllds held by !..ender * any time is not sufflele t.to pay the Escrow Items when due, Lender may so notify ,Borrower in writing, and, in such case Boq-ower shall pay f<> Lend the amount necessary to \oake up the deficiency. Borrower shall mske up the deficiency in no more than twelve manthlypayments. at Lender's sole diseretion. , Upon payment in full of all SUII1S secufed by this Security Instrument, lender slut11 promptly refund to Borrower any Funds held by Lender. If, onder paragraph 21 i !..endf/l'shall acquire or seU the Property, Lender, prior to, the acquisition or sale of the /Property, s!ja1l apply any Funds held by LendM at the ,time of aequisitlonor sale "'l a credit a~ I Ille sums secured by this s./curity Instntment. ' , II I .' 3. Application of Payments, Unless app\icabl~ law provides otherwise, all payments received by 'Lender onder paragraphs. " 1 and 2 shall be applied: first, .tll any prepayzpent charges due onder the Nnte; second.:to .mrounl8 payable under paragrapb 2.: third, to interest due; fourth, w principaldue;)and last, to, any late charges due under the Note. I 4. Cbarg/:,;LlellS. Borrower shall pay)l11 tllltCS, "'lscssmentS, charges. fin.. and im~itions aUrlbutable to the P)perty which may ,at~n PriOrity" over Illls ,secun,'ty ~rument, and leaseh, old P, ayments or grou rents, if any. Bortow~r s I p,ay these Obligatio/IS in the manner provided in paragraph 2, or if no.t paid in thaI manner, Be er shall pay them on tlDle recUy to the person rlwed payment. Borrower sball promptly furnisb to Lender aIl110tlces of amo to be paid under th~'par raptl, If Borrower mske.thesepayments directly, Borrower shall promptly furnish to Lender recellits cividencillg the par nesl., + ...L Borrower shall promptly discharge any lien which has priority over Illis Security I~troment, unless 13orrower: a) agrees in writing to the payment of the obligl\lion secured by the lien if'a marmer acceptable tll Lender: (b) contests in good alth the lien' by, or defends against enforcement of the lien In, legal proceedings whlpb in the Lender's opinion operate t9 prevent the enforeement of the lien; or (c) secures from t\'e holder of tlte lien an ag~t sat!sfactory ~o Len~er subordin~ti,g .th~ lidn to this Security lnsmnnent. If Lender detennines that any part of Ille Property .s subject to a hen wh.ch may allanl !prlOnty 'over I this Security Illstrument, Lender may give Borrower a notice identify~ng the lien, Borrower shall datisfy the lien \:ir i~one or , more of the actions sel fom above within I 0 ~ays of Ille giving of noUce. I I ~ ., I 'r Form 3039 9/9 _.GRlPA.lI94101,01 'p~:t 018 Il1Jbals: I I I II - ~' ~ .-.,- d,' '. r u , , , I , .! ... II' I 5. ~d or ,110perty Insurnnc~o~ower shall keep the improvements no"-isting or herearlfr erected on the Property l~SUred againSt loss by fire, h32ll.tds included within the'tenn "extended coverage" and any other b;tZards, including l100ds Or nooding, for' which Lender requires Insurance.i This insurance shall be maintained in the amoun\S and for the periods th"f Lender requires. The Insurance carrier providing the insurnnce shall be chosen by Borrower subject to Lender's approval which snall not be unreasonably withheld. If ~orrower fails to maintain coverage described above, Lender may, at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance: with paragraph 7. ) All insurance! policieS and renewals shal! be acceptable to Lender and shall include a st~dard mortgage clause. Le~r sball bave the rigbt: 10, ,hold the policies and renewals. If Lender re'l.uires. Borrower shall prompt! give to Lender all receipt of paid premiums llIIdi renewal notices. In the ev~t of loss, Borrower sball give prompt notice to th insurance cattier and Len r. Lender !DaY l-nakeproof ofloss if not made promptly by Borrower. I , ~ I Unless Lender and Barrower otherwise agree in writing, insurance proceeds sball be applied to' restoration or Np r 0 ~e Pl1l1perty damaged, if the restoration or repair iF economically feasible and Lender's security is not lessened. If the resto aiion Or rePair is not economically feasible or Leltder's security would bel lessened, the insunulce proceeds shall be applied to e sums secured by tliis Security Instillment, whether :or not then due, wieb any excess paid to Bormlver. If Borrower abanbollS the Property, or does not answer within 30 day~ i notice from Lender that the insurance cattier has offered to settle a c\~m, the~ Lender may collect the Insurance proceeds. Lender may use the proceeds to repair or restore the Ij'roperty or to ~ay sums secured b,Y this Security Insirumen, t, whelller at not then due. The 3Q-day period will begin khen the norice is given. I ,Uwess Lender and Borrower oeberwiselagree in writing, any application of Proceeds~PrinciPal s!tOfl not extend Qr postpone the due date of the monthly paymentS referred to in paragraphs I and 2 or cbange e amount of ljJe payrn,ents. If under paragraph 21 the Property is acquired by ,Lender, BOrTower's right to any insurance poli es and proceeds resulting from ?amag~ to;~e,,~~pe~y'prior ~o. ~e acquisition' shall pass to Lender to the extent of the sums s , red by this ~ecurity Instrument unrnedtately/pnor-to:the acqUIsItion. I' " ' , , 6. Oecupancy, Preservation, Maintenance and ProtectIon of the Property; BOlTOwer's Loan Application; Leaseholds. Borrower shall qocupy, establish, and use the troperty as Borrower's principal residence within sixty days after the execution of this Security lte/tnunent and shall continue lO;occuPY lheProperty as Borrower's principal residence for at least one year after the date of occupanc1f, unless Lender dtherwisc agrees in writing, which consent shall not be unreasonably withheld, or unless extenUating circumslMces exist which are t>!:Yond Borrower's control. Borrower shall not destroy, damage or iealr the Property, allow the Propeny 10 deteriorllIe, 6r conunlt waste on lhe Property. Borrower shall be in default if any lfurfeil11re action or proceeding, wbether civil or crilnimIJ, is begun that in Lender's good faith judgment could'result in forfeiture of the Property oj otherwise! materially impaIf we lie'n created by this Security Instrument or Lender's securiry interest. Bdrrower may cure such a default andl reinstate, as provided in paragraph 18, by causing the action Ot proCeeding to be dismissed :-vith a 1ll1ing that, in utnder's good faith determination, precludes forfeiture of ,the Borrower's interest in the Property or other material impainnenl of the lien creared by thls Securl!'l' Inmumc:nt or Uud"r's security \nterest. Borrower shall also be in default if Borrower, during the, loan application b, roceasl gave materially false or iDa, ceurat,e infOrmlltir. or statements tp Lender (or1falled to provide Lender with any material U\fonnation) in connection with the loan eyidenced by e Note, including, but not I, miled to, representations concerning Borrower's occupancy of the Property as a principal residene . If this Security Instrument is on a , leasehold, Borrower shall comply with all tlte provisions of the lease. If ~orrower acquires fee tille to the Property, the leasehold and the fee title shall not merge uweSs Lender agrees to the merger in writing. , , 7. Protection of Lender's Rights iu the!Property. (fBorrower falls to perform the covenants and agreements contained in this SecI!rl, ty Ins~ent, orthe,re, is, a le"gal proc~ing th, at may significanflY affect Lender's rlgh, ts in the :prope~suc,h as, a , proceeding in b ptey, probate, for condelnnation or forfeiture or to enforce laws or regulations), then Lender do and pay for whatever I necessary", ,to protect, the Value, of the Property, and Lender's rights in the, ProPerlE, . Lender's 'ons may . inClUde, paying. any sums, secured" 'by a, lien: Which, h, as priority over this Security InstIt, ap . g in un, payIng reasonable llllOmeys' fees and entering Dlllh,e, PropeflY tn make repairs. Although Lender, take a ,on undef this paragraph 7, Lender does not have [0 do so. " 'Any amoun'l' disbursed by ,Lender under this paragraph 7 shall become additional ' bt of Borrower sebured 9Y this Security lnsU'Ufe1lt, Unless Borrower and L~nder agree to other tenns of payrent, these amounts shall bear interest fr~m the dare of disbursenienti al the Note rale and ,sliall be payable, with interest, upon notice from Lendet to Borrower requesti~g , " payment'l ,i I I " ' l ,_. 8. Mortgage Insurllllce. If Le~der required mongage insnrance as a condition of making the roan secured by is Security InstlUlllent, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for an reason, the mongage insu'l"'cc coverage required by Lender lapses or ceases 10 be in effect, Borrower shall pay the premiu requited to ' obtain coverag~ substantially equivalent to the mortgage insurance previously in effect, atla co, st substantially equ' alent to the cost to Bo=*t of the mortgage insurance ~reviously in effect, from an alternate mortgage insurer approved Lehder. 'If subStanrially equivalent mo, ngage insurance c?verage Is not available, Borrower shall pay to Lender each njonth a urn eqUal,t,o one.twelfth of the yearly mortgage insurance ?remium being paid by Borrower v.:hen the insurance cov~ragt, laps or ceased ~o be in effect. Lender will accept, use and reraJII these payments as . loss reserve In lieu of mortgage msunmce. Loss reserve I _ .6RIPA),"'0I,Ol ., I Plge 3 of 6 \lllt:o~lS: II II r , i - --- ',I , _I . II ' paymentS may no longe~be required. at the~ion of Lender. if mortgage insurance cove (in the llII1<lunt and for the period clIat, Lender requi,:"s) p vid.ed ~y an insurer. approved. by Lender again b~com"lS avaIlable and is obtai~ed, Borrower Sf' pay the ptenuums requtrci t maintain mortgage lnsurance In effeCl. or to proVIde a loss reserve, until the requirement for m gage insurance ends in accord ce with any written ag}eement between Borrower and Lender or apPlica~e law. I , 9. Inspe<t;oi>. Lender or its agent may mhe reasonable entries upon and inspections of th Property, Lender shall give Borrower notice:it the time of or prior to an insp~tion sp~ifying reasonable: cause for the inspecti u. ! I 10. Condemnation. The proceeds of any laward or claim for damages, direct or conseque, tial. in connection ,with any condemnation or other lak, ing of any part of the IPropeny, or for conveyance in lieu of condemnation, are hereby assigned arjd shaIl be paid to LendeL! I. '!, ' ,I , I I I In the event of a total, taldng of the PropertY, the proceeds shall be applied to the sums secured by this Security Ins ent, whether or noi then due, Jmth any excessl' paid to Borrower. In the event of a partio! taking of the ?roj1erty in which 'e lair market value of the Property imrpediately before the taking is equal to or greater than the amount of the sums secured by lhis Security Instrument immediately before the takir\g, unless Borrower and Lender otherwise agree in writing, the sums red by thi~ Security Insu-urhent shall be reduced by tl)e amoltnt af the proceeds multiplied by the following fraction: (a) e total amo,unt of the sums I secured inunediately befor~ ,the taking, divided by (b) the fair market value of the Propel).)I i iat,ely I before the taking. Any balan~e shal~ be paid t,q Borre,;er. ,In the event of a panial taking of the PropertY '~WhiCh the fair' marker value of the Property' IlnmedJalely before the taking IS less than the amount of the sums .ecured immedl tell' b fore the taking, upless Borrower and Lender otherwise~gri:e in writing or unless applicable law otherwise provides, th 'pro ~alJ be applied to the. sums secured by this Security Iilstrument whether or nOt the sums are then due. ' If the Property is abandoned by Borrower,/or if. after notice by Lender to Borrowet that the condemnor offers to 'an award or s~ttle a claim for dllIDages, Borrow"'; fails to respond (0 Lender within30 days after the <late the notice is gi en, . Lender is autliori:kil to collect and apply the prdceeds, at its option, either to restoration or rbpair of the Property or to the s Ins secured by this Security InstrUment. whether or hot then due. ' Uoless Lenller and Borrower otherwise ~gree in writing, any application of proceeds to principal shall not extend or, postpone the due <late of the monthly payments r;eferred to in paragraphs I and 2 or change the amount of such payments. 11. BOfr()'!'CI' Not Released; Forbearance By Lender Not a Waiv.... Extension of the tifrie for payment or madifICation of amortization of the Isums secured by this Security Insuument granted by Lender t() any succe'W?r in interest of Borrower shall not operate to release the liability of the origina! Borrower or Borrower's successors in interest) Lender shall not be required 10 commence proceedings against any successor inl interest or refuse to extend time for payment oj: otherwise modify,amortization of the sums sec""'" by this Security Instl1lm!,nt by reasOn of any demand made by tbe otiginal Borrower rr Bo~wer's successors in ,interest,. Any forbearance by Len~er in exercising any rigllt or remedy shall not be a waiver of 0 preclude the exercise of any right or remedy. : : 12. SucC<$Sors and AssIgns B<>und; J<>int and Several Liability; C<H1igners. The covenants and agre~ments or this Security Instl1lment shall bind and benefit the successors and assigns of Lender and Borrower, subject to thel pro~isloosof paraUaPb 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who ,eo-signs this Security 'Instrument but does not ,elle""te the Note: (aJ is co-signing this Security Instrument only to mortgage, grant and convey'that Borrower's interest in tile Property under the terms of lhisSet:Urity lnstcument; (b) is not personally obligated to pay thelSllms secured by thi~Sec~'t?,ilns~, t; and (e) ~es tIIat ~der ~d any other Borrower _,Y ~gree 10 elltend, modify" forhliar or make any accommod tJons WIth regard to the terms of 1I11s Security Instrument or the Now WIlbout tllat Borrower's consent. 13. Loan Cha ges. If the loan secured by this Security 1ns(rtlItlell[ is subject to a law which sers maximum loan ch3rges, and mar lat is finally interpreted so thst the i!lterest or olher ,loan eb.arges ",?I\ected or to be collected in eonneetiQtl with the loan eJtceed the pennitted limits, then: (a> any'sueb. loan charge shall be reduced by the amount necessary to reduce Ithe charge to the perrnilled limit; and (b) any sums already collected from Borrower which exceede.dpennilted limits will be retunded 10 BorrowV'. Lender may choose to make this kfund by JOduclng theprinclpal owed WIder the Note cIr by making a direct pa~ to Borro~er. if a refund reduces ~rincl!' the ~uetion wiu be treated as a partial preP~ytnet\t without any prepayrirent charge under the Note. ii, , 14. Notices. Any nOlice to Borrower pro,;,ided r In this Security InstrUment shaIl be given by delivering it or by mailing it by first class mail nnless applica.ble law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates bylnotice to Lender. Any notice to Lender ~I tie given by first ClasS~'Il'4> Lender's addre~ stated herein or any other ad,ilress Lender designates by notice to Borrow . Any notice provided fO~ n this -, Security Iosll1lment shall be deemed 10 have b,*n given to Borrower or Lender when given provided in this paragraph 15. Goverhing Law; Severability. This Security Instrument, shall be governed b federal law and Ibe la of Ibe jurisllicli~n in which the PropertY is located. III the event that any p,~vision or. clause ?f tljis Security ,rnslrumen~o~ : NOle . conflicts with applicable law, such cOnfilct sha)l not affect other, proVISIOns of thiS SecurIty Instrument oClthe Nole hlc lean be !given effect without the conflicting provision. ITa this end thi provisions of this Security Instrument and the Note e declared to be severable. 'I L L 1 16. Borr<>wer's Copy. ~rro\Ver shali be,given one conformed copy oftlre Note and Ot this SecUrilY Instl1lmet,t. I I I Fott303~II~L I G<</.6RIPAl 104101,01 ' ......,. ' I '"'''.''-'~lf7r -- I : II .. '" ~ ~i ,I , , j , . I.; .. \I ' . 17. TrpDsfer ot the Property or a :Beneficial Interest in Borrower. If all or any p1l'!"0f the Property or any interest in it IS sold or transferred (or if a beneficial interest, in Bon-owor is sold or transferred and Borrower is not a natural perso'll without Lend~r's prior wrillen consem, Lender may,:" its option, require immediate payment in full of all sums securea by this Secunty lllSlI11mem. However, this option shall not be exercised by Lender if exercise is prohibited by fedeFallaw as of the date of this:turity Instrument. , 'If nder exercbes this option, Len~er .'!\aU !'iv'T Borrowe,t notic.e ,?f accc;lerOlion. The notice shall prbwide a period of not less ~ 30 days from the date the nonce IS dellverFd or ltllllled WIthin whIch Borrower must pay all SUms secured bv this Secunty Instrument. If Borrower fails to pay these sum prior to the expiration of this period, Lender may invoke any remedies p~nnitted by this Securiry Instrument withour funher notice Or demand on Borrower. 18. BOrrower!s Right 10 Relnslate. If Borrower meets certain conditions, Borrower ,haIl have me right ~o ave enfoycement of this Security Instru, mem discn~tinued at any time prior to the earlier of: (a~5 days (or ,such other pe ,d as applicable law may specify for rernstalemem) before sale of the Property pursuant to any power of sale contained i this Security InstnlIfJdnt; or (b) entry of a judgment enforcing this Security Instrument. Those con itions are that Borrower: ( pays Lender all sums which then would be due under this Security Inst~nt and the Note as if 0 ac<::elerationhad oCi'u' ; (b) . ~ures ~ytl"fuul( of ":,y other covenants or agr'ee~ents; (c) pays all expenses ,incurred in erlforcing this Securiry Ihscrt enl, lOc1udmg, but not lunned to. reasonable atlOmeys fees: and (d) takes such action as Lender 'may reasonllbly requir~ to $sure that the lien of this Security Instrument, Lender's rights in the Propeny and Borrower's opligatiofl. to pay'the SUlIlS tecurM by tjJis Security Instrument shall continue unchanged. Upon rernstateI1lent by Borrower, this SecurilY Instrument and the obligations secured hereby Shal,l remain fully effective as ifno'acceleration had occurred. Hqwever, this right to reifstate shall not apply in the case ofacceleracion under, paragraph 17. ' . I, , 1 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with tjiis Securlty Instrument) niay be sold one or more times withont prior notice to Borrower. A sale maY,result in a tthange in the e*1ity (known as the 'Loan Servicer") that collects monthly Payments due under the Nole and this Security fnJnienl' Th"fe also may ~e one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of th Loan Servic:;'j. Borrower will be given written nolice. of the change. in aecordan<!e ....illi paragraph 14 above and applicable law. e notice will,state the name and address of the new Loan Servicer and the address to which payments should be made. The otice will also' contain 'any other infonnation required by applicable law. ' 20. Hazardous Substances. Borrower shall not cause or PemUt the presence. use, di osal, storalle, or release of an~ HazardouslSubstllIlCes on or in the Propeny, Borrower , shall not do, nOr allow anyone else to do, anything affecting the Property tIlatcis in l'iolation of any Env.irorunencal Law. The precedIng two sentences shall not apply to the prellence, use. or storage on th~' Property of small quantities of Hazardous Substances that are. generally recognized to be appropriate to normal residential us and to maintenance of the Prop'eflY. i Borrow shall promptly give Lender wrlllen notice of uy invesligation. claim, demand. lawsuit or other action by any governmental or regul,atory agency or private party involving the Property and any Hazardous Substance or Envirotental Law of which Borrower has actual knowledge. If Borrower lelll'nS, or is notified by any governmCQtal or regulatory an ority. mat any removal or other remediation of any Hazal-dous Substance ,affecting the Property is necessary. Borrower shall p mptly take all necessary remedial actions in accordance wIth Environmental La)V'1 A$ ~.d in thiJ;paragraph .20. 'HazardoUs Substances" are those substances defined as toxic or hazardous substances by Environm tal Law1llnd the following subs~ces: gasoline, kerosene, other flaminable or toxic petroleum products, toxic pesticides and herbici~es, volatile solvents, materials containing asbestos or fonna1dehj<de, and radioactive materials. As used in this para~rap, h20, 'Enviroronental, Law. mejms federal laws and law,S of the jU,risdiClion where th~ Property i. located that rel..e to ijealth. safety or environmental protection. , NON-UNIFORllf COVENANTS.I Il01TOw~ and Lender further covenanl and &gri follows: ,I 21. A.Cctlerlltion, ; Remedies. LeaderShaI, ,I give nO,Iic:e to Borrower prior to accelera Ion following BOrro,' VI, er' s b~each of any covenllJll or llgreement in tli.is Security Instrument (but nol prior to aci:el lion under paragrllph Ii unless appliCllhle law provides otherwise). JLende, shall notlfy Borrower of, aDlong other t' gs: (a) the defaUlI: (b)lbe action required to cure the defaUlt; (c) whmthe defaUlI must he, c:ured; and (d) ,that failure to ct!te the default as specified may result in acceleration of the $UDI$ secured by tlds Security Instrument, foreclosure by Judicial proceediDll and sal~ of Ihe Property. Lender shaU further lnfonn Borrower of the right to relnstate after aceelero.lion and Ihe right to assert In Ibe , foreclosure Proc~ the non-existenc:eof I' default or lIJIY ot,her defeps, e Of, Borrower, ,toaCi:eleraliOnllJldio losure. U Ibe default Is nol cured as speclfied, Lender, 'al its option, mlly require Immediate payment in full of all secured by this Security nunentwithout further 4eroand and may forecloS'l tlds Security Instrument by judicial proceeding. Lender shall be, entitled to collect a1f expenses Irtcarred in pursuing tile remedieswrOVide~thls graph 21, Including, but not limited 10, altomeys' fees and costs of title evidenc:e to the extent per tted by applicable law. 22, Release. Upon payment of all sulns "1cured by this Security lnsrrwnent. this Security ellt and the estate conveyed Shallterminare and become void. ),Jter such occutTe.nce. Lender shalI discharge. and satISfy this Security Instrurn~t without charge t~Borrower. Borrower shall pay any recordOlion costs. I 23. Waiv . Borrower, to the extent permilled by applicable law, waivrs and releases any error or defects in prO<jeedings to enforce thisiS uryly Instrument, and herebit waives the benefit of any present or fumre laws providing for stay of execution, , extension of time, exemption from atlaclmient\ levy and sale. and homestead exemption, ' 24.1 Reinslateinenl Period. jlorrower' f time to reinstate prOVided, in paragraph 18 shall extend to one ho prior to the commencement of bidding at a sherlfrs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage, If any of the debt secured by this Security Instrument is lent to Borrower t acquire tille to the PropertJl. this Security lnstroment shanlbe'a purchase money mortgage. 26. Interest Rale After Judgment. Borrower agrees that the interest rale payable after a judgment is enter on the Note or in an action) of mortgage forcclosure shall ~e the rate payable from lime to time under the Note. ' ! I c:a -6fUPp..) 19410),G1 <& f ,rm 3039 , lnitilll'. PfgttS of 15 ',' r , .."". - .'-1..1." _ J ~ It I I . 27. Riders to 'this Security Inslrument.lf o~e or ml,re riders' are e>:ecuted by Borrower andj_~ L_ ~L Security Instrument, the (jOvenants and agreeme.l-ts of each such rider shall be incorporated intO and hall amend and supplement the covenants and agr<jeml:ntr of this Security InsttwneIlt as if the rider(s) were a part 9f this Security InstIUment. " I l<;-hl"'k applicable box.(es)J ,I ' . ' ~ Adjustable Rate Rider I ~ Condominium Rider B l-4 Family Rider Graduated Payment Rider I Planned Unit Development Rider Biweekly Payment Rider Balloon Rider , Rate Improvement Rider 0 Second Home Rider V A Rider 'I \ Other(s) [specify) ./ I ' I , l' I i I , I BY SIGNING ~ELOW, Borrower accepts: and agrees to the terms and covenants contained in this Security 1 strument 1 in ~y rider(s) executed by Borrower 31,Id record,ed with it. kJD 4 I " Witnesses: 'I ~ i ~./' ' ~ (Se l : RICHARD D, HOERNEIt ----:BoO'O~' ~~4;,kr-" LI.!l8A S. HOERNER I I i I (Seal) -Borrower I (Seal) -BOr(ower (Seal) -BOrrower Certificate of R~dence --r- ^ .,vL+,' I, 11 ~a... S \ l.cv. ()...d\D '.1\.. . ~e within-named Mortgagee is :;GOI LIl J-l=bwleY '1"\\1'\', . . "'TQ.\-~~\- 3:!.~1'L MO ' Witness my hand this O! 'I na I day of \J Lli'l-L ,t~, . I I I (Jl I tJ4 ~(l;~ ' ! ,(4" i I I Agent or Monpgec COMMO~AL~ OF l'ENNSYLV ANIA\ ba.u.p~ County 58' I 0.':1. this, lbe ,22 r0 day of !:::r I".V'le , I ~ , before me, lb9 UnderSign~ officer, pe~ni'13Ppeared;Ric.hClAd b.}b VleY and Lindo.. $,-t-!oe.V'i'1eKj . , er known to me (or satisf,abtorlly proven) to be the' , person S whose name.s subsbrtbed to the within instrument and aclmowiedged that '-:/irv..u..--- executed lbe same for ttle purposes herein cont4ined. ,I .. -- \J IN WITN$S WHEREOF. I hereunto set my hand and official se My Comrnissio~ Expires: I I Nolanal S.al I UsS' a E. Talamonff. Notary Public watartt Twp.; Dauphin COunty My Ccmml..icnIExpfr.. Nov. 13, ao "'I,"~J-ClIt c"'1'l~vtvanm As,qvc:iatlon of N(tfRr , " , , i . f'~OOf6 . do hereby cet1ify that the comict "'1dress of I I ~-6RI?A) 19~.1<>>,o1 9/90 I, I f4:lrm 3Q39 I U --- - !' -, ......r r I , - , ' '0 -,,~'" IMC MORTGAG~ CO.Y 1101 VlRGlNlA DRlVI!, SUITE 110 FORT. WASHINGTON, PA 19034 I : i i . " BALLOON MORTGAGE NOTICE )I'hank youlfor applying for a mortg.ge loan ~m, us. ~equir~s a ;~balloon" p.yment ,oF a1lernftives .vailable this very carefully because we feel it's important you understand it. I The payment schedule you '[V~ selected , to you at maturity, We urge you to read By 'baV~g a balloon p.yment ~ a rmal payment, we can offer you . llan I with small monthly 11 pa~me~. In other words, because you will make a larger payment at ~ em of the loan, xour I regular monthly payment will be lower !ban the monthly payment on a loan with e<tlli}l paym1\s' I , I over the same nwnber of months. , "IMPORTANT" At the end of the loan you will have three alternatives, , 1. To apply to us to, ref~ce the balloon payment 80 that YOUleau installments. The refmance will be at terms set by :~a~~R::Gt~ ~~:p~~: have handled their a=unt in UtisJOry " , satisfactorily maintained their rmancial condition. Approval of such guaranteed, " 1 2. To pay Ibe balloon payment iin 1illI. , 3j To ~rPlY to another lender ~ refUlllllCe me payment. Jefore 'signing this s~tel"ent : and accepting me balloon p.yments, understand Ibe tenn8 of your joan. be sure you follr please I I UWe have read and understand and , I gJ:j~~2t~ rrower RICHARD 'B. HOllRNER , , 'I ,I ~~ i ! I: , ' i , II D'~r'TJ~ k -;<.> - f'? D.te . ,- I'~,~ 19,\l'.3~OTIlE\I.D$V27m . -" ~", ~" '" ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE July 6, 2000 TO: RICHARD D, HOERNER 909 MOUNT ROCK ROAD CARLISLE, P A 17013 LINDA S, HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 1HIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. TIDS NOTICE IS SENT TO YOU IN AN A TI'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIDS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, This is an official notice that the mortglU!e on your home is in default and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save vour home. This NotiCe exolains how the orogram works. To see if REMAP can helD. yOU must MEET Willi A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF 1HIS NOTICE. Take this Notice with you when vou meet the Counseling Agency. The name. address and ohone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If you have anv QUestions. YOu,mav call the Pennsvlvania HOliSin!! Finance A!!encv toll free at 1-800- 342-2397. (Persons with imoaired hearin!! can call (717) 780-1869). This notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. I I - ~, '-, STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER RICHARD D. HOERNER & LINDA S. HOERNER 909 MOUNT ROCK ROAD, CARLISLE, PA 17013 2057503 IMC MORTGAGE COMPANY, A FLORIDA CORPORATION CITIFINANCIAL MORTGAGE COMPANY FIKIA IMC MORTGAGE COMPANY CURRENT LENDERlSERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WIlli lliE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND . IF YOU MEET OlliER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. lEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for lhirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. lliIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DAlE. THE PARt OFtHIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DAlE. CONSUMER CREDIT COUNSELING AGENCIES -Ifvou meet with one of the consumer credit counseliol! al!encies listed at the end,of this notice the lender mav NOT take action al!ainst vou for thirty (30) davs after the date of this meetin\? The names. addresses and telephone numbers of desimated consumer credit counselinl!lIl!encies fur the county in which the nrotlertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions, APPLICA nON FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the natore of your default), If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30)) days of your face-to-face meeting, I I - .. ". L '"iti" YOU MUST FILE YOUR APPLICA TION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application, NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLWWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date) NA TORE OF THE DEF AUL T- The MORTGAGE debt held by the above lender on your property located at: 909 MOUNT ROCK ROAD, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTIIL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/26/99 thru 6/26/00 at $855.24 per month. Monthly Payments Plus Late Charges Accrued: Property Inspection: BPO fee: NSF: Other: Attorney fees: Insurance: (Suspense) TOTAL AMOUNT TO CURE DEFAULT $6,285.72 $9.95 $135.00 $0,00 $29.00 $50.00 $0.00 ($139.52) $6,370.15 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aoplicable): N/A HOW TO CURE THEDEFAULT- You may cure the default within TIIIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH rs $6,370.15 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either bv cashier's check. certified check or money order made oavable and sent to: CITIFINANCIAL MORTGAGE COMPANY FIKIA IMC MORTGAGE COMPANY. 5901 E, FOWLER AVENUE. TAMPA. FL33617. AITENTION: REBECCA GAST. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot aoolicable) N/A, I I -, ~ . ~" 'I', '-.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property, IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. Howeyer, if legal proceedings are started against you, you will haye to pay all reasonable attorneys' fees actually incurred by the lender eyen if they exceed $50.00, Any attomey's fees will be added to the amount to the lender, which may also include other reasonable costs. If you core the default within the THIRTY (30) DAY period. you will not be reQuired to pay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEF AUL T PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU still have the right to core the default and oreyent the sale at any time UP to one hoor before the Sheriff's Sale. You may do so by paving the total amount then past due. plus anv late or other chare:es then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and bv performing any other reQuirements under the mortJl:age. Curing yoor default in the manner set forth in this notice will restore yoor mortgage to the same position as if you had neyer defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to core the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- CITIFINANClAL MORTGAGE COMPANY FfKJA IMC MORTGAGE COMPANY 5901 EAST FOWLER AVENUE TAMPA, FL 33617 AITN: REBECCAGAST TEL. NO. I -800-776-22 I I EXT.2292 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and yoor right to occupy it. If you continue to live in the property after th-. Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied. , I " .c' J YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT, . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A IT ACHED. ~IYYOurs, ) n 7!7r'/7;"...e-::"'L~' /AITORNEYFOR~NDER II , -,' "" '~, ~" , td ;'- "L;il NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT **************~********************************************************* I. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt ofthis notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days ofreceipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4, If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. I I PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg,PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 PENNYLSV ANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 - "LC VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that the statements therein made are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. f \,' II ;';~~~!l:~""""1t'"Ji<i;~~i,ijlHji'l~""',""",""'''l>lM,",,;,!,,,m,cl:>iil"",,,''-'"U",,;'';~=,,<,,_..1,n,,;,,~,-.l,,"~.ooIiilIliliill--- r~ ~ '- -.J <:> .., .... () Il: d J,~ ',~ " ~.. .:_" L~J_'~ 1I1llI.l)L,~ I,JI!~IN,,2; ,~" ___"..~ "0' ,~, "/""",'"r'~"y ,,', . ' ii~-"""'~"""""'"~ -j:. .. ~- ,~- . (') 0 "') C 0 "'r. s:: u') .--j -~g ''1 'T -'0 i~i'1fd ~~5; "-urn '.0 ""y r~~ ?~J~ .0:::-'......... ~"'" d~CJ =.: o:d ~"<..-, S" zO )'C Oin Z ","' ~ :< ~ ~ Jr <l ... .L: {:. ?'-. ~\} ~ ~ ~ t ~ i!]: ,) '.i _. . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF!MC HOME EQUITY LOAN TRUST 1998-6 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 5901 E. FOWLER AVENUE TAMPA, FL 33617 vs. RICHARD D. HOERNER LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $87,088.21 Interest from 11/13/00 to Date of Sale @$14.3l per diem Subtotal (Costs to be added) $ $ RY N: A meyforP . I .#55669 44 Second Str et Pike, Suite 101 Southampton, P A 18966 (215) 942-9690 , I J ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of Penn, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with Final Subdivision Plan for Lowrie F. Smith prepared by Wilbur H. Clifton, Registered Surveyor, on June 27, 1977, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 33 Page 103, as follows: BEGINNING at a point in the original centerline of 33-feet wide Legislative Route 21004 at the dividing line between Lots Nos. 8 and 9 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 8 and 9, South 62 degrees SO minutes 08 seconds East, a distance of Three hundred Eleven and Sixty-seven Hundredths (311.67) feet to an iron pin in line of land retained by Lowrie F. Smith and wife; thence along line of said land retained by Lowrie F. Smith and wife, South 11 degrees 26 minutes West a distance of One Hundred Twenty (120) feet to an iron pin at the dividing line between Lots 9 and 10 as shown on said Plan of Lots; thence along said dividing line between said Lots Nos. 9 and 10 North 62 degrees 23 minutes 37 seconds West, a distance of Three Hundred Twelve and Thirty-five Hundredths (312.35) feet to a point in the original centerline of said 33-feet wide L.R. 21004; thence along said original centerline, North 11 degrees 26 minutes East, a distance of One Hundred Seventeen and Fifty Hundredths (117.50) feet to a point, the place of beginning. CONTAINING 0.750 Acre, and being all of Lot No.9 as shown on the above mentioned Final Subdivision Plan for Lowrie F. Smith. The western-most 25 feet of the above described premises is dedicated as a portion of the right-of-way of said L.R. 21004, which 25 feet includes the eastern half of the existing right-of-way of said L.R. 21004. BEING known as 909 Mount Rock Road, Carlisle, P A 17013, BEING THE SAME PREMISES which Michael L. Miller and Vicki L. Miller, his wife, by Deed dated February 25, 1986 and recorded on February 25, 1986 in the Recorder of Deeds Office in and for Cumberland County in Deed Book T 31, page 9, granted and conveyed unto Richard D. Hoerner and Linda S. Hoerner. It , THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER AFFIDAVIT PURSUANT TO RULE 3129,1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 909 MOUNT ROCK ROAD. CARLISLE. PA 17013: 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 909 MOUNT ROCK ROAD CARLISLE, PA 17013 RICHARD D. HOERNER 2. Name and address ofDefendant(s) in the judgment: RICHARD D. HOERNER 909 MOUNT ROCK ROAD CARLISLE, P A 17013 LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 1 ,I ~," . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. S. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, P A 17013-0599 7. Name and lIddress of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if lIddress cannot be reasonably ascertained, please indicate) Tenants/Occupants 909 MOUNT ROCK ROAD CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. March4,2001 ARDIAN, ESQUIRE intiff Tl-IE C~E MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the follOwing information concerning the real property located at 909 MOUNT ROCK ROAD. CARLISLE. PA 17013: 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 909 MOUNT ROCK ROAD CARLISLE, PA 17013 RICHARD D. HOERNER 2. Name and address ofDefendant(s) in the judgment: LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, P A 17013 909 MOUNT ROCK ROAD CARLISLE, PA 17013 RICHARD D. HOERNER 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. g , ,.b_" "~ , .I:ll&ii ( , ' 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 909 MOUNT ROCK ROAD CARLISLE, PA 17013 I verifY that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworu falsification to authorities. March 4,2001 ARDIAN, ESQUIRE aintiff , I ~~ . . '.l ., _i-~_ LAW OFFICES OF GREGORY JA VARDIAN By: GREGORY JA VARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUfHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certifY that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certifY this Property is: () FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with A IAN,ESQUIRE . tiff 'j, _" ~, L ~' _ ._ '" j LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certifY that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certifY this Property is: () FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with A IAN,ESQUIRE . tiff ~~ . ~~ ... ' b. ~ ~ - ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of Penn, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly descn'bed in accordance with Final Subdivision Plan for Lowrie F. Smith prepared by Wilbur H. Clifton, Registered Surveyor, on June 27,1977, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 33 Page 103, as follows: BEGINNING at a point in the original centerline of33-feet wide Legislative Route 21004 at the dividing line between Lots Nos. 8 and 9 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 8 and 9, South 62 degrees 50 minutes 08 seconds East, a distance of Three hundred Eleven and Sixty-seven Hundredths (311.67) feet to an iron pin in line of land retained by Lowrie F. Smith and wife; thence along line of said land retained by Lowrie F. Smith and wife, South 11 degrees 26 minutes West a distance of One Hundred Twenty (120) feet to an iron pin at the dividing line between Lots 9 and 10 as shown on said Plan of Lot8; thence along said dividing line between said Lots Nos. 9 and 10 North 62 degrees 23 minutes 37 seconds West, a distance of Three Hundred Twelve and Thirty-five Hundredths (312.35) feet to a point in the original centerline of said 33-feet wide L.R. 21004; thence along said original centerline, North 11 degrees 26 minutes East, a distance of One Hundred Seventeen and Fifty Hundredths (117.50) feet to a point, the place of beginning. CONTAINING 0.750 Acre, and being all of Lot No.9 as shown on the above mentioned Final Subdivision Plan for Lowrie F. Smith. The western-most 25 feet of the above descn'bed premises is dedicated as a portion of the right-of-way of said L.R. 21004, which 25 feet includes the eastern half of the existing right-of-way of said L.R. 21004. BEING known as 909 Mount Rock Road, Carlisle, P A 17013. BEING THE SAME PREMISES which Michael 1. Miller and Vicki 1. Miller, his wife, by Deed dated February 25, 1986 and recorded on February 25, 1986 in the Recorder of Deeds Office in and for Cumberland County in Deed Book T 31, page 9, granted and conveyed unto Richard D. Hoerner and Linda S. Hoerner. .1 i ,., -, '*~ ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Penn, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with Final Subdivision Plan for Lowrie F. Smith prepared by Wilbur H. Clifton, Registered Surveyor, on June 27, 1977, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 33 Page 103, as follows: BEGINNING at a point in the original centerline of33-feet wide Legislative Route 21004 at the dividing line between Lots Nos. 8 and 9 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 8 and 9, South 62 degrees 50 minutes 08 seconds East, a distance of Three hundred Eleven and Sixty-seven Hundredths (311.67) feet to an iron pin in line ofland retained by Lowrie F. Smith and wife; thence along line of said land retained by Lowrie F. Smith and wife, South 11 degrees 26 minutes West a distance of One Hundred Twenty (120) feet to an iron pin at the dividing line between Lots 9 and 10 as shown on said Plan of Lots; thence along said dividing line between said Lots Nos. 9 and .1 0 North 62 degrees 23 minutes 37 seconds West, a distance of Three Hundred Twelve and Thirty-five Hundredths (312.35) feet to a point in the original centerline of said 33-feet wide L.R. 21004; thence along said original centerline, North 11 degrees 26 minutes East, a distance of One Hundred Seventeen and Fifty Hundredths (117.50) feet to a point, the place of beginning. CONTAINING 0.750 Acre, and being all of Lot No.9 as shown on the above mentioned Final Subdivision Plan for Lowrie F. Smith. The western-most 25 feet of the above described premises is dedicated as a portion of the right-of-way of said L.R. 21004, which 25 feet includes the eastern half of the existing right-of-way of said L.R. 21004. BEING known as 909 Mount Rock Road, Carlisle, P A 17013. BEING THE SAME PREMISES which Michael 1. Miller and Vicki 1. Miller, his wife, by Deed dated February 25, 1986 and recorded on February 25, 1986 in the Recorder of Deeds Office in and for Cumberland County in Deed Book T 31, page 9, granted and conveyed unto Richard D. Hoerner and Linda S. Hoerner. , <,- .' ~~-" LAW OFFICES OF GREGORY JA VARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER DIRECTIONS TO THE SHERIFF TO THE SHERIFF: Please serve the attached Notice of Sheriff's Sale upon the following Defendant(s): RICHARD D. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 ~l!liliilil"j~!I,l!I,";:",""""$rih'i!.; '-."'"w'5A"d.~'h~Ei"''',~"f''1''''"~,il~j,''':b"""~;i;J''''0"i_':',",,,,;uuJ..",~,~___t,*,!Iiilwl~~'l ~ :J0 r~ ~ J;i. -- C> .r: 0() ~U -t::: ~~ ~ --.f C:>(y ".LL~. " .....- , <ag y--() . C> r ~ r; ~ - ~ - (")>UOO ~S1 ~ :o.~. :/f -+- ~. ." 0)00 ~9-J~01 Q(-e 'J "'" v0 () C> . ~ \ j \::/ (', '" 0- r:,-=t=> ~ 0- 1:: +- 5t.~. ~~ :f\ .lJ rr IIllU. ..,,",,~,JiJ. l_"."".,_,."",,,,,,.u.,,,. oo,,,,u. , ~ ,"-~ ^ -- ""'""- Cl ~~ -n'~" 1", ~~ ; " ..:-" ," 7-[ C". r-":: ',,:'- c:.>C: ~':~, - f . ~~{:~- -,-( .-< ........ .. . , . I U', , , .....' .-J "" 0> o , G\ ~ - ~ ~ ~ II "s, . LAW OFFICES OF GREGORY JA VARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certifY that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 RICHARD D. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Tenants/Occupants 909 MOUNT ROCK ROAD CARLISLE, PA 17013 Dated: .3/d~ /6/ . . IAN,ESQUIRE II i ,ru '0 !.-'I Ul I 'Ul io .0 10 I 10 'Tn iUl Sent 0 Si;eerm~rMxi~~~R;~:n'---"'------'-'-----'---'--""----- Ii: s;;ee;,~g~~llW~~OAD--------'----'--------------'---------"-- Ciif,'~r,"E;'--P-1C170"!3""----"'--'---""'--"-'----""'''----' 1:3 ciiY.-s~$L~;'--l'1t--nOB-----'-------------------"----"-------..--- ,I'- iO o ......-..-. )~ .,.:,:r~ -,L....-.,-.. ru I:l 1.-'1 !LIl i ,Ul '0 10 ..10 I :0 :1Tl Ul .-'I Postage Certified Fee Return ReoeJpt Fee (Endorsement ReqUired) Restricted Delivery Fee (Endorsement ReqUired) Totel Postage & Fees. $ em To -~. 1.- ~ ~~..~ - - ~. ._,~ ~" '. ~,_,i,.:J!>,hi",4if;-;': "<J;"<_-' - Cc"!';;':":;f\2trrfJ:rfgi~l!ifl;.- ' $ Postage $ Certified Fee 3.40 Retum Receipt Fee (Endorsement Required) Restrlctecl Delivery Fee (Endorsement Required) Total Postage & Fees $ ru o .-'I Ul Ul o C C Postage $ Certified Fee Retum Receipt Fee _Requl'""J -_fee (Endorsement ReQuired); Total Postage & Fees ..):3 '.0 'II'-. ,,~-~ . ..~."" = ~ ~" ,1/- ' , :i. :Soolf . ~ d. al....=1 .. 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'0 ~ ;!J! ~ l; 0- .: .. gj E U> ,0 0- , , ~~ .lE ,-0 ~1n 00 ~.. llai E"C ~. z,~ s~ {eo: . , " c<f ~ w . u . 0:.... "01'j ~" llcll h z__'c ~' Ill' ~.~ T"" ;.;-;' ~':l . .' March 4, 2001 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): RICHARD D. HOERNER and LINDA S. HOERNER PLAINTIFF/SELLER: THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 DEFENDANT(S): RICHARD D. HOERNER and LINDA S. HOERNER PROPERTY: 909 MOUNT ROCK ROAD CARLISLE, PA 17013 CUMBERLAND C.C.P. NO. 00-6391 The above captioned property is scheduled to be sold at Sherifi's Sale on JUNE 6. 2001 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing ofthe schedule. Sincerely, /~~~.d:; ~. 7 - r ;;, -1A>~ (jregory Jaln Esquire Law Offices of Gregory Javardian 44 Second Street Pike, Suite 101 Southampton, P A 18966 (215) 942-9690 ~~1i~l'h>li>~jj;lL~!If~~~i>1i~;t,i,!J<'""-J>-.!J,,,,,,::,,,,.,.,,,,,,,,,,,~~,.,),,,-_J"Th>ili.~'liiMlilk.-<~-JlIJLr'1"-"'-'~<-~-'I<;'_li~J/i\I!IiI' ~i'~'~ .-' ,~-h. JH~ j,J.,.L~~J1L~___,,__~)'>~__!,_I:_;~~,~.JLJ ~,cC,l!;!_.>,_,e ,~ ,:Vi 7" :"\'~, PI__' . _,_ _",.,,~,,~~. ~ _~ w, _0 > ,-~ _ ~c_. .'.n ~ ~ ~~.~.~ ..... -', ._' 0 (:) 0 ~ "1 "U:s.. "'" m !;2Q:; " ::u Z'~ N ens:.. ~f5 ...; -0 t_:~(i,.) )i: 1~.~~ ZO :x )'>0 ~ c z -"-, =<! t=- ?6 (,j -< r$; o1ll_~"~~' -" " '''JIG.: . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and State do 'hereby c:enify that the Sheriffs Deed in which CbSUL<:._Mil1!.!J.{!J;J:_an & Servicing Agreement dated 9/1/98 .Ban.l<...a.s._T.t:llil.tu-.o.Llll.C. .llwUi:Jl.!!.itY_].._Q{!!LT.F.'!'!!_.:':.~~~:.6__l,!:';1_':';:_E.!:':_~.?_~~~:.'.?! is the grantee the same having been sold to said grantee on the ___________n___.?_t_~___n__n_n__n____n__n_ day of ___________:!_~'!~__n___________n_______ A. D., r 200:00__, under and by virtue of a WriL____n_______ Execution . 6th ____.n_____________n_n________ ___ _____ n ___ _ _lSSued on the ____n__ _____ _00 _00_ ____ 00__ 00 ____ ___ clay of ________J1l1!"..!'_'-'-_____n____ A. D., 20QL__, out of the Court of Cornman Pleas of said County as of Civil . 2000 __n_______________________n_..________n_______ __0000__00__00___._______________ Term, . ._.___ Number ___2J.9.1.______, at the suit of .~p_~'!~_~~'.!!.>~_t_J:.~:.'_~_~~~__~~_!:_~~~:~__~~._I_~~.~_':.~~_~_~~~:!.._ Loan & Servicing Agreement Dated 9-1-98 _II.!'-f!L 121J.~:~_.Y_Il~~!__1;.12~_ !..~~ ~ !-!\fg"ainsL __ _ ;~:-~~ :~_.?. _ ~_ ~~'.:~.:'_ _~_~.?_::~~ :___ ______00 _. __ _ is duly recorded in Sheriffs Deed Book No. __z..~?___n__, Page __~L~L____. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ___d!..If:.____ day of ___________~n-------. A. D., ~?.!_ ---?!:t9--A--~:;.;;d~ IleCOfder oIlleeds. Cumberland County Ca ,. Ie PA My Commission Expires lheFim Mondiy J ~n: 2002 I I ~~ v . ---'" The Chase Manhattan Bank et al. VS Richard D. Hoerner and Linda S. Hoerner In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-6391 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, says on April 18, 2001 at 11 :20 o'clock A.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Richard D. Hoerner and Linda S. Hoerner located at 909 Mount Rock Rd, Carlisle, Cumberland County, Pennsylvania, according to law. Dawn 1. Kell, Deputy Sheriff, who being duly sworn according to law, says on April19, 2001 at 7:55 o'clock PM EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Richard D. Hoerner, by making known unto Richard D. Hoerner, at 909 Mt. Rock Rd. Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Dawn 1. Kell, Deputy Sheriff, who being duly sworn according to law, says on April19, 2001 at 7:55 o'clock PM EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Linda S. Hoerner, by making known unto Richard D. Hoerner, husband, at 909 Mt. Rock Rd. Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Richard D. Hoerner by regular mail to his last known address, 909 Mount Rock Rd, Carlisle, P A. This letter was mailed under the date of April 20, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants to wit: Linda S. Hoerner by regular mail to her last known address, 909 Mount Rock Rd, Carlisle, PA. This letter was mailed under the date of April 20, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given, he exposed the within described premises at public venue or outcry at The Court House, Carlisle, Cumberland County, Pennsylvania, on June 6,2001 at 10:00 o'clock A.M., EDST. He sold the same for the sum of $60,000.00 to Attorney Dale Shughart for The Chase Manhattan Bank, as Trustee ofIMC Home Equity Loan Trust 1998-6 Under the Pooling and Servicing Agreement dated as of 9/1/98, it being the highest bid and best price received for the same. The Chase manhattan Bank, as Trustee ofIMC Home Equity Loan Trust 1998-6 Under the Pooling and Servicing Agreement dated as of 9/1/98 of5901 E. Fowler Ave., Tampa, FL 33617, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of$2370.55, it being sheriff s costs. I I Sworn and Subscribed to Before Me This 31M Day Of~ 2001, A.D. \2_ a !2 !h,RJ,. , ..,()"c:- , /'~-/ ro'thonotary .~~. ~. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Auctioneer Acknowledging Deed Law Library County Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed II ~:,' , 30.00 1200.00 15.00 15.00 10.00 30.00 .50 1.00 9.92 4.35 15.00 30.00 200.00 414.20 318.99 25.09 25.00 26.50 $2370.55 Paid by Attorney Gregory Javardian 7-06-0 I ~~. /#' r ~.,:r~~~~/,-P'~ R. Thomas Kline, Sheriff By .qt)cL..j0~ Deputy Sheriff p)f-Ju;t .Jb.lfl> c;.~1^ J,IP LI-t J3QJ-,Q Ru-.. / /'I 93 'l . . ~'tw.,"" . 'I SCHEDULE OF DISTRIBUTION SALE NO. 21 Date Filed - July 6, 2001 Writ No. 2000-6391 Civil The Chase Manhattan Bank, as Trustee of IMC Home Equity Loan Trust 1998-6 Under The Pooling & Servicing Agreement Dated As of 9/1/98 VS Richard D. Hoerner Linda S. Hoerner 909 Mount Rock Road Carlisle, PA 17013 Sale Date - June 6, 2001 Buyer - The Chase Manhattan Bank, as Trustee of the IMC Home Equity Loan Trust 1998-6 Under the Pooling and Servicing Agreement dated as of 9/1/98 Bid Price - $60,000.00 Real Debt Interest from 11/13/00 to date of Sale At 14.31 per diem Writ Costs $87,088.21 Total 2,933.55 120.96 $90,142.72 DISTRIBUTION Amount Collected Sheriff's Costs Legal Search Total $ 2,370.55 2,170.55 200.00 $ 0.00 So Answers: /' ---".{?? -~ ~ -r..-e'i. "'"' R. Thomas Kline, Sheriff BY~~ ~~ Re Estate'Deputy II - m:.Jft. ~ , TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 21 Held Wednesday, June 6, 2001 Date: June 6, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Michael 1. Miller and Vicki 1. Miller, husband and wife, by Deed dated February 25,1986 and recorded February 25,1986 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book "T", Volume 31, Page 9 granted and conveyed to Richard D. Hoerner and Linda F. Hoerner. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 33 feet wide L.R. 21004. 6. Conditions, easements and restrictions shown on or set forth on the Plan for Lowrie F. Smith recorded in Cumberland Plan Book 33, Page 103. _~alWJlW#.Di&!fj'~~4ii!'~!iJ'p'L~'."'.}I3',i'~;"""^"""jI;,j!t;"i:li'I'"'!~I&\""r,~~l$>;ol- ~ J 7. Building and use conditions and restrictions as set forth in the Deed of Lowrie F. Smith and Cora M. Smith recorded in Deed Book "Q", Volume 30, Page 836. 8. Mortgage in the amount of $ 75,200.00 given by Richard D. Hoerner and Linda F. Hoerner to IMC Mortgage Company dated June 22, 1998 recorded July 1, 1998 in Mortgage Book 1464, Page 830. Assigned to the Chase Manhattan bank, as Trustee ofIMC Home Equity Loan Owner Trust 1998-6 by instrument dated October 2, 2000 recorded January 16,2001 in Miscellaneous Record Book 664, Page 444. Complaint in Mortgage Foreclosure filed by the Chase Manhattan Bank, Trustee as Plaintiff against Richard D. Hoerner and Linda F. Hoerner as Defendants in the Office of the Prothonotary of Cumberland County to file no. 2000-6391. Default judgment entered November 16,2000 in the amount of $87,088.21. . 9. Judgment in the amount of $5,811.85 entered by Providian National Bank as Plaintiff against Richard D. Hoerner as Defendant on November 1,2000 in the Office of the Prothonotary of Cumberland County to file no. 2000-6169. It is to be noted that judgment is entered against only one of the two owners of the property. However, it is to be further noted that no marital status is indicated for Richard D. Hoerner and Linda F. Hoerner and there is 110 indication that they took title to the premises as tenants by the entirety. Therefore, said judgment may attach to the interest of Richard D. Hoerner in the subject premises. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is to be noticed that the Affidavit of Service failed to indicate notice having been given to Providian National Bank. 11. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 12. Real estate taxes accruing on and after July 1,2001 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. rd Robert G. Frey, Agent Note: This Title Report shall not be valid or bindinc' ) until countersigned by an authorized signatory, -.;"j.. ,..X~.L [, ;,1. Xn JYJ!l_L..J_HJ.J",~-) ,)L,~jJ~"_,, "Mi""o_1)lJ ,,; "; JL~L,~ L-", "w", -, '_""" "'., " _,< _.' '~",'"',"~ _ >0__'" . 1- .1.1 .'-'"'., Wrtt #2000-6391 The Chase Manhattan Bank. As liustee of IMC Home Equity Loan liust 1998-6 Under the Pooling & Servicing Agreement Dated as of 9/1/9S vs. Richard D. Hoerner and Linda S. Hoerner Atty.: Gregory Javardian ALL TIiAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Penn. in the County of Cumberland and Commonwealth of Pennsylva- nia. more particularly described in accordance with Final Subdivision Plan for lowrie F. Smith prepared by WIlbur H. Clifton, Registered Sur- veyor. on June 27. 1977, a copy of which is recorded in the hereinaf- ter named Recorder's Office in Plan Book 33 Page 103. as follows: BEGINNING at a point in the original centerline of 33-feet wide Legisiative Route 21004 at the di- viding line between Lots Nos. 8 and 9 as shown on said Plan of Lots; thence along sald dMding line be- tween Lots Nos. 8 and 9. South 62 degrees 50 minutes 08 seconds East. a distance of Three hundred Eleven and Sixty-seven Hundredths (311.67) feet to an iron pin in line of land retained by Lowrie F. Smith and wife: thence along line of said land retained by Lowrie F. Smith and wife, South 11. degrees 26 minutes West a distance of One Hundred Twenty (120) feet to an iron pin at the dividing line between Lots 9 and 10 as shown on said Plan of Lots: thence along said dividing line be- tween sald Lots Nos. 9 and 10 North 62 degrees 23 minutes 37 seconds West. a distance of lbree Hundred Twelve and Thirty-five Hundredths (312.35) feet to a point in the origi- nal centerline of said 33-feet wide L.R. 21004: thence along said origi- nal centerline. North 11 degrees 26 minutes East. a distance of One Hundred Seventeen and Fifty Hun- dredths (117.50) feet to a point. the place of beginning. CONTAINING 0.750 Acre, and being all of Lot No. 9 as shown on the above mentioned Final Subdivi- sion Plan for Lowrie F. Smith. The western-most 25 feet of the above described premises is dedi- cated as a portion of the right-of- way of sald L.R. 21004, which 25 feet includes the eastern half of the existing right-of-way of said L.R. 21004. BEING known as 909 Mount Rock Road, Carlisle, PA 17013. BEING THE SAME PREMISES which Michael L. Miller and Vicki L. Miller. his wife, by Deed dated February 25. 1986 and recorded on February 25. 1986 in the Recorder of Deeds Office in and for Cumber- land County in Deed Book T 31. page 9. granted and conveyed unto Richard D. Hoerner and Linda S. Hoerner. ~. - . . . THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the folloWing infonnation concerning the real property located at 909 MOUNT ROCK ROAD. CARLISLE. P A 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD D. HOERNER 909 MOUNT ROCK ROAD CARLISLE, P A 17013 909 MOUNT ROCK ROAD CARLISLE, PA 17013 LINDA S. HOERNER 2. Name and address ofDefendant(s) in the judgment: RICHARD D. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ~,~.-. "~~ \ ~ i.1 _> >.' " 4. Name and addFess of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, P A 17013-0599 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 909 MOUNT ROCK ROAD CARLISLE, PA 17013 I verifY that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. March 4,2001 ARDIAN, ESQUIRE aintiff . . ---':1: II ~ , - "-'. -- "' - ,~ L.~ THE elL ~SE MANHATTAN BANK, AS . COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 9/1/98 No.: 00-6391 vs. RICHARD D. HOERNER LINDA S. HOERNER AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 909 MOUNT ROCK ROAD. CARLISLE. PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD D. HOERNER 909 MOUNT ROCK ROAD CARLISLE, P A 17013 909 MOUNT ROCK ROAD CARLISLE, PA 17013 LINDA S. HOERNER 2. Name and address ofDefendant(s) in the judgment; LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, P A 17013 909 MOUNT ROCK ROAD CARLISLE, PA 17013 RICHARD D. HOERNER 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. . .1.... ;.-";._. II . . '. LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 00-6391 '-" ....."_. vs. (1 C ::;:. ~\~;_. ~.~\;- ;.')." NOTICE OF SHERIFF'S SALE OF REAL PROPERTY .--;.... :.',-, ~"'J ~iiC~ '~.-? "-"?i >)~ , , RICHARD D. HOERNER LINDA S. HOERNER TO: RICHARD D. HOERNER LINDA S. HOERNER 909 MOUNT ROCK ROAD CARLISLE, PA 17013 Your house (real estate) at 909 MOUNT ROCK ROAD. CARLISLE. PA 17013. is scheduled to be sold at Sherift's Sale on JUNE 6. 2001 at 10:00 A.M.. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013, to enfurce the court judgment of$87,088.21, obtained by THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-6 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 9/1/98, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TmS SHERIFF'S SALE To prevent this Sherift's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ,.~ ~-- : ' , . " , You MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 915) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 II - - - " ,," -"'iWili , ...,. ~ . " ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Penn, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described in accordance with Final Subdivision Plan for Lowrie F. Smith prepared by Wilbur H. Clifton, Registered Surveyor, on June 27,1977, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 33 Page 103, as follows: BEGINNING at a point in the original centerline of33-feet wide Legislative Route 21004 at the dividing line between Lots Nos. 8 and 9 as shown on said Plan of Lots; thence along said dividing line between Lots Nos. 8 and 9, South 62 degrees 50 minutes 08 seconds East, a distance of Three hundred Eleven and Sixty-seven Hundredths (311.67) feet to an iron pin in line of land retained by Lowrie F. Smith and wife; thence along line of said land retained by Lowrie F. Smith and wife, South 11 degrees 26 minutes West a distance of One Hundred Twenty (120) feet to an iron pin at the dividing line between Lots 9 and 10 as shown on said Plao of Lots; thence along said dividing line between said Lots Nos. 9 and 10 North 62 degrees 23 minutes 37 seconds West, a distance of Three Hundred Twelve and Thirty-five Hundredths (312.35) feet to a point in the original centerline of said 33-feet wide L.R. 21004; thence along said original centerline, North 11 degrees 26 minutes East, a distance of One Hundred Seventeen and Fifty Hundredths (117.50) feet to a point, the place of beginning. CONTAINING 0.750 Acre, and being all of Lot No.9 as shown on the above mentioned Final Subdivision Plan for Lowrie F. Smith. The western-most 25 feet of the above described premises is dedicated as a portion of the right-of-way of said L.R. 21004, which 25 feet includes the eastern half ofthe existing right-of-way of said L.R. 21004. BEING known as 909 Mount Rock Road, Carlisle, P A 17013. BEING THE SAME PREMISES which Michael 1. Miller and Vicki 1. Miller, his wife, by Deed dated February 25, 1986 and recorded on February 25, 1986 in the Recorder of Deeds Office in and for Cumberland County inDeed Book T 31, page 9, granted and conveyed unto Richard D. Hoerner and Linda S. Hoerner. II .',",,-," ,Ii .!IIIE ~"" c' ,lIlJillltW..:N _v_ _ > , ',_~ , 41lli~~l.a ~'- ~ ~ ~ -, .-. tWiF;1C'E 'IJF .1;8<[ ;S,"!"'~ flUHR"", ',,; "~ltill." '. ,VI"')',,-; '-':' ,!j c';"' ""':"_'-':1't~q'f' :HlR 6 349 PH 'a! CAli' Li S LI:." PENNSYLVANIA " ! jlf-,*,.;jW<f/"~"""'-1q'Y--'~"~"",j"."'-"'"1l,"'''!'-1 I~ ~"n ,~~~"'t~--WI}1!NF,;F;"_~~\!fl!,"~'W!;;:ji;~i,,~""'_'\i! - , ~ 1-, iJ '. ", ,- , - ~, COMMONWEALHi OF' PENNSYLVANIA) COUNTY OF CUMBERLAND) , WRIT OF EXECUTION and/or ATTACHMENT . . ...."] . " .. NO. nn-r;,Q1 CIVIL ~ T~rm CIVIL ACTION - LAW TO THE'SHERIFF OF Curnb~rland COUNTY: To satisly the debt, interest and costs due Th~ Chas~ Manhattan Bank, as Trust~~ of !Me HOJJ:le Equity Loan Trust 1998-6 Und~r th~ poolinq & S~rvic~ Aqr~~nt PLAINTIFF(S) from RTCHIIRD D. HORRNRR . T,Tl\JT)1I ~ HORRNRR : qnq Mnnnr R",..1< R""n, r"rlic:1"l. PII 17m, DEFENDANT(S) (1) You are directed to levy upon the property of fhe delendant(s) and to sell See Tsga1 Description (2) You are also directed to attach the property 01 the delendant(s) not levied upon in the possession of ....-...-. -~.. , ,,.,, 'V,... ~~_ ,'hr' , .", :.:'~ GARNISHEE(S) as follows: and to notny f!:1Ell\Js\r/li_e(.sll.tha~a\\achment has b~en .issued; (b):\,he"garnishee(s) is/are enjoined fro~ pa~ing ~ny debt to or for\lie'lll:d"dmt ot'llle lI~/Mht'$) and from delivering any property olthetleferrdant(s) or otherwise disposing thereof; (3) II property ofthe dele.) ~olleJied upon an subject to atCJcb~rlt i!i'lbdriJin thll'possession of anyone other than a named garnishee, you are directed to notny him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 87,088.21 From 11/13/00 to Dat~ of Sa1~ Interest pt"r c'li f'JTl Atty's Comm % Atty Paid $120.96 Plaintiff Paid L.L. .50(: @ 14.31 Due Prothy $1. 00 Other Costs Date: March 6, 2001 REQUESTiNG PARTY: Name GREGORY JAVARDIAN, ESQUIRE Address: 44 S"rrmc'l St-r""r Pi k.. Suite 101: Southhampt-on. PA 18966 Attorney lor.: Plaintiff Telephone: (215) 942-9690 Supreme Court ID No. 55669 Curtis R. Lonq Prothonotary, Civil Division by: ()mJ;eAJ tAJ~6~#1 J~--- I I _ ~J",_, '-."'''-.~~~~ktMJillil'''~'~'''';'ii",'''_'''k,,,,:,,J;iMIlih-,,,,-_''tw''-''"' -.:, c, ,o.a~<<~ ~_A, '. -,j "'"L[.' "-. . . , " ""' . REAL ESTATE SALE No.. JI r-...';') c::vu c;;nJJ c:::::;lI ~ ~ Ut. 11 D./vU... q, lOD I the sherifflevied upon the detenoal';;' Interest in the real property c;itullted in PUVYL -ro~ Oumberland County I Pa., know, . nd numbered as: 90 q 1Y)6IM'Il Bck fli C ~ and more fully described on EJdIIbIt "A" fIBd with this wrtt and by this reference incorporated heNIn. 'laI8:1~ 9, :locf a,: ~Cft.Ju... ~ Sl-ll'rH ....'u't "'I)".' ~ I' \",\\1'1 44(' It.' \.' ...-.1 1,', , .'.. ~ \U. ~d 61\ ~ ~ .' ' . ,.! e\lI'l(\O'"", Il~~ ~I~k ~lr 3~':f"" U,..,.,JJJlll[ IIDlIllljll,,....,,,JUJI,..,L,,II~. ,,"',,,,",",","'" ."'.,,, ,,,,,"c'.,''''' ... " -~ -. "".. lf~C-~iA.-:-\~A!~~lE~19:21 . .... ."","o""",~9 ~- ' ~~___1ft~ chai_~-riitlha~an _ 8ank.AsTrusfci!'oflM-c--- ,.f!ol))~~qulty19a,nT[Usl .. 1995:-6_UnderffiePoollrig - . & Servicing ~greei'Mnt D~as<;19/119B . -vs -=-'=-_ _ R.lcharp,.11.Hoemer ~ ....""-"=-~, ; L1nda S. Hoerner ~:~~=_-~--Atty: Gregory Javanlian , _, :,. DESCRIPTION ~fJ1tgT~ERIAI:\. tract GrJ~a'rt\?1 of land and C'l':;-, -5Ttuale,~.1)ing'- \1-no bli'lng in the - '.:.111 _of P<.'lln, In the County of CUlnberland mruH\'eaJtn .oT 'Pennsvl\a.nfa" more y aes~t-l1)ea'.lrl'acwroai;~e "(vith _,inal _ on P1Jiffor town!! F. Smifh pn'pal12d by ~_ _'" ,,';1$911,_ R~&i~~et\>d ~~l\Y):o~. o~ JUi.t! _ -.;;.f9i7, il copy or wnlch 1$ re~"OiGt....r In the ~ljii~Iiilf[tir,i1.am~~_ Rtc9,rc!er). Qffk~ i~l_ P!an ~ook " ~l1~~d~an~i~lin ffie ori~nal cent\:!;linc ~ ~r""""3~fe(ot_ \.'"d~ te.@r-lJ_t!HI _ Rou~_e 2l00~ at thl' ",,-?}\1gip&.line b~"'.ri'n ~cls Kos. 8 ,m~ ~JS .s~o~\'TI '~ __o:~r~fPld.Q of Lot~ rnt'l1ct' along saJd dmdmg ~~!:cn Lots~os.g and 9!5,<?uth 62 degr,ees ~mU'fUtes OS ~ecllnds Ea~~, a distance of ThIW - hti"ridred Eleven and Sixtv'5e\'c'n Hundredths 011.67)ketto an iron . ~lnm line of land M.::ined by LO\\ lie F. Smith ~.i~Jh1ffC1! 'al_ongUne of saii:lland retain!?d ~\'Tic.F. ~mjt}\ and wife, South 11 dt'g;~'es 16 -, nu-es \\'e~t J: &;tance ofOn'~ Hundred T".,entv (mm feet to an 'fron pin_at the dividing line IEbctv.'eenlots 9 Jlid 10 as.~nown on ~TifPlanoftoE{thenctjlong said di\iding linll ~€fL~Tors.K'"oS:9and10 :\'orth 6!d~'grt!\':' 23_~mi,nutes 37 scFondp West, a distance ofThreO:.' Hundred TI\'eive a',_~d Thjli\-.fi\'e Hundredths ~ (3J1,35J-tellltQd l'ointin the oiiginal centerlin.... of , 5:Jid.J3..ft~t ""ide L.R. 21po4; thence_ ,);]on$ said ~oriSina1 centerlint', ~orth,rr dt:gr~'S 26 mmutes ~ast;adis~nce of One Hundred seventeen <lnd ~:Jil.!nd~th's tli7,50) ft:~l to a point. !heplac~ ""tl!E:GI~'\lNG, ~COt\IA1XI~G 0.750' Acre, and b~in~ .1l1 of lot ~6:-.9 35 :>hown o'n the abo\'e m~nticil1ed Final ~iililon r1iifforLo"\\11et. Smith. ~~e_S~tT'p]~U.5leet~ il',t'<~ko\'e, d!5cribed ~ "t 1551SUOOH:JftkJ dS J rortlon oft~c ?i.cl1t,of. ~r~r-;Jia 1.R:2t0lJ4, which 25 k\('1 inclUdes th~' eJilem hJlf of ~h".I:~i.sting righi'of.i~~' of ".lid DD.1OOt .. ~YG"}.nO\1Tl as- 2D}l ~Ioun! Roc]., Road, Culi.;-ll', _~~.UIlIL.. . . ...'... . , .. '. B"8.'\G THr-S4:~fE pRt\lfSrs \\;hidi \fkhj~'l [.. - \UIler and\'idJ l. \tillN. his wife, b\' (h:~d dat.:d ~b1r.llY 2S, 1986 ~nd l'€cord~d or'-h.bruaf)' 25, i~..rLt ro:hh~~].i:.(~~der of..o.e~ds OffiCI: in and {or J:~a:Uiuiil)' in tm~uBook T 31. roJg~ 9, ~ed..il.l1d COI1\'eycd unto Richar9 O. H~crn~'r ~~~lm~~I.~~e~_~____,,~. - ~~,~.- ~. ~ ~,...; 0" .~~l. .^' --, .,;",,\, " . THE P A TllI.QT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly SWOrn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since: That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1 st and 8th day(s) of May 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau~ ,inz.scellaneous Book "M", Volume 14, Page 317. 7", PUBLICATION ...............................(...:!...../........ ................................... ......... COpy < this 21~aY of ay 2001 A.D. S ALE #21 Notaaal Seal Terry l. Russell, NotalY P V / Henlebulll, Deuphln County It..<< MyCommlsslanExpllesJunell,2002 NOTARY PUBLIC Member, Peimsytvanla Association at Notarie",y commission expires June 6, 2002 CUMBERlAND COUN1Y SHERIFFS OFFICE CUMBERlAND COUN1Y COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 317.49 1.50 318.99 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By..................,.........,....................................... II ." ,'- -- ~~"':= '~:' i~p ii','",,' '"<:,'?;r.:.\ .''',"-' "",' ,::i'",,\-, -';. 'I ;<'--:'r ~ ,'.' , ,- -~ ~"H "'" ~'~--'~' - ~~ .~"~- --'''(' ImrT1l.nL Cir.! '~'ij'(C ~'"iUf: REAL ESTATE SALE NO. 21 Writ #2000-6391 The Chase Manhattan Bank, As nustee of IMC Home Equity Loan nust 1998-6 Under the Pooling & Servicing Agreement Dated as of 9/1/98 vs. Richard D. Hoerner and Linda S, Hoerner Atty,: Gregory Javardian ALL THAT CERTAIN tract or par- cel of land and premises. situate. Iylng and being in the Township of Penn. In the County of Cumberland and Commonwealth of Pennsylva- nia, more particularly desCribed in accordance With Final Subdivision Plan for Lowrie F. Smith prepared by Wilbur H. Clifton. Registered Sur- veyor, on June 27. 1977, a copy of which is recorded in the hereinaf- ter named Recorder's Office in Plan Book 33 Page 103, as follows: BEGINNING at a point in the original centerline of 33-feet wide Legislative Route 21004 at the di- vtdlng Une between Lots Nos. 8 and 9 as shown on said Plan of Lots: thence along said dividing hue be- tween Lots Nos. 8 and 9. South 62 degrees 50 minutes 08 seconds East. a distance of Three hundred Eleven and Sixty-seven Hundredths (311.67) feet to an iron pin in Une of land retained by Lowrie F. Smith and w1fe; thence along line of said land retalned by Lowrie F. Smith and w1fe, South 11 degrees 26 minutes West a distance of One Hundred Twenty (120) feet to an tron pin at the divtdlng Une between Lots 9 and 10 as shown au said Plan of Lots; thence along said divtding line be- tween said Lots Nos, 9 and 10 North 62 degrees 23 minutes 37 seconds West. a distance of Three Hundred Twelve and Thirty-five Hundredths (312.35) feet to a polnt In the origi- nal centerlirle of said 33-feet wide L.R 21004; thence alOrlg said ongi- nal centerline, North 11 degrees 26 minutes East, a distance of One Hundred Seventeen and Fifty Hun- dredths (117.50) feet to a point, the place of beginning. CONTAINING 0.750 Acre, and being all of Lot No. 9 as shown on the above mentioned Final Subdivi- sion Plan for Lowrie F. Smith. The western-most 25 feet of the above described premises is dedi- cated as a portion of the right-of- way of said L.R. 21004, which 25 feet includes the eastern half of the existing right-of-way of said L.R. 21004. BEING known as 909 Mount Rock Road. Carlisle, PA 17013. BEING THE SAME PREMISES - which Michael L, Miller and Vicki L. Miller, hiS wife, by Deed dated February 25, 1986 and recorded on February 25, 1986 In the Recorder of Deeds Office in and for Cumber- land County In Deed Book T 31. page 9, granted and conveyed unto J Richard D. Hoemer and Linda S. r"""""'III, j Hoerner. __ I '!~~!~~~~~.t1~.'j~!\11!t~I'"Jf~~!IPlIM~I"--: !.~., n!l!ll~~~~ ~~ "' m'L ... .'. ... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, accprding to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal r\otices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 27, MAY 4,11, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~a1' Edito; SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 ,. ,. t<<ITARw.. .. . ~E.SNYDER.NotaryPublic. . CliII8Ie.scro, CUmb8IIand CQUriIy My CoIIlnlis8lGll. Ellpires'Man:h5.2C05 . ' -.'.,"' II