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HomeMy WebLinkAbout00-07717 COLUMBIA NATIONAL, INCORPORATED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN ACTION OF MORTGAGE FORECLOSURE 7'Lo, IJV - 71/7 ~ I.v-- Defendants TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL DE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without yon and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. Yon may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT RAVE 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 LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SIDESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA TEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 r - ~.'-,' ,'~ ,'-~ " - -';~q COLUMBIA NATIONAL, INCORPORATED, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW Defendants ACTION OF MORTGAGE FORECLOSURE 71.0. VV. 1717 C4...:i. I.t.- GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address is 7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, GEORGE E. MUSSELMAN, JR., is an adult individual, whose last known address is 605 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, TINA M. MUSSELMAN, is an adult individual, whose last known address is 605 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. 3. On or about, April 21, 1997 the said Defendants executed and delivered a Mortgage Note in the sum of $76,000.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time ofthe execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1377, Page 197 conveying to original Mortgagee the subject premises. The Said Mortgage are incorporated herein by reference. 5. The land subject to the Mortgage is: 605 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1,2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: I"'" -. ,~ 1'" COLUMBIA NATIONAL, INCORPORATED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 171 02 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff -l""~""" ~ < , . " I~ -I COLUMBIA NATIONAL, INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW Defendants ACTION OF MORTGAGE FORECLOSURE 1Lo. OV' 17/7 G...:i.lh- GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address is 7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, GEORGE E. MUSSELMAN, JR., is an adult individual, whose last known address is 605 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, TINA M. MUSSELMAN, is an adult individual, whose last known address is 605 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 170 II. 3. On or about, April 21, 1997 the said Defendants executed and delivered a Mortgage Note in the sum of $76,000.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1377, Page 197 conveying to original Mortgagee the subject premises. The Said Mortgage are incorporated herein by reference. 5. The land subject to the Mortgage is: 605 ERFORD ROAD, CAMP HILL, PENNSYL VANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: -j"""'""" ~ ~ " ,<, ~- -- , , ~~ I,' Interest at $16.26 per day From 01/01/2000 To 11/01/2000 (based on contract rate of 8.000%) $74,187.43 $4,943.04 UNPAID PRINCIPAL BALANCE Accumulated Late Charges $281.28 Late Charges $26.66 Per Month for 10 months $266.60 Escrow Credit $323.03 Attorney's Fee at 5.0% of Principal Balance $3,709.37 $83,710.75 **Together with interest at the per diem rate noted above after November 1, 2000 and other charges and costs to date of Sheriff s Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. . ' n __. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($16.26 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of ili, pmperty witlrin ""''''bOO. By'..- ~ ~ PUR L, & HALLER Leon P. Haller, Esquire Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) T ., C< ."1 -, .~()Jr~ '03240138 ~()TIC~: THIS L()A~ IS ~()T ASSUMABL~ WITH()UT TH~ APPR()V AL ()F TH~ D~P ARTM~~T ()F V~T~RA~S AFFAIRS ()R ITS AUTH()RlZED AG~NT. [City] Camp Hill Pennsylvania [State] April 21 [Date] 605 Erford Road, Camp Hill, PA 17011 1997 [Property Address] 1. BORROWER'S PROMISE TO PAY , In return for a loan that I have received, I promise to pay u.s. $ "principal"), plus interest, to the order of the Lender. The Lender is ll' 76,000.00 (this amount is called columbia National Incorporated . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal Until the full amount of principal has been paid. I will pay interest at a yearly rate of 8.000 %. The interest rate required by this Section, 2is the rate I will pay both before and after ar,y default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the First day of each month beginning on June 1 1997 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on May 1 2027, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date. " I will make my monthly payments at Columbia, MD 21045-6050 (B) AmOllllt of Monthly Payments My monthly payment will be in the amount of U.S. $ 4. BORROWER'S RIGIIT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment. " When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES , If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO:PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. Columbia National Incorporated, P.O. Box 3050, or at a different place if required by the Note Holder. 557.67 15 calendar days after 4.000 % of MULTISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac Uniform Instrument G -5V (9204) Ii> VMP MORTGAGE FORMS. (313)293-Bl00. (8Q8J...5M/~ ) P".,ot2 20982990 IOld'~'\../ f I Form 3200 12/83 Amended 4/92 8hlbit f'y II "r\ /1111111'//11111111111111111,11111111 '~"~""'r"'~_ , -.....,....... ~~.-' (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days afler the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do sq if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable altorneys' fees. 7. GIVING OF NOTICES .unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by frrst class mail to me at the proJ'erry Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by frrst class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a gum:antor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts dne have not been paid. 10. ALLONGE TO TillS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable boxl o Graduated Payment Allonge 0 Other [Specify] 0 Other [Specify] 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: . Regulations (38 C.F.R. Part 36) issued under the Department of Veteran's Affairs ("V.A. ") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regnlations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~-<- ~.~ {( /' George E. Musselman, Jr. SSN: 211-48-5673 (Seal) ~.:lt.'W';,.11..r-!t,uu.J~ -Borrower Tina M'. MuSSEl!! man SSN: 185-50-7552 (Seal) -Borrower (Seal) ESeal) -Borrower -Borrower SSN: SSN: [Sign Original Only] cD: -5V 192041 ., Page 2 of2 Form 3200 12/83 J"'-- I " 'l'I\IIIIII'lI1 Commitment Number: MUS3197 SCHEDULE C PROP~RTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN piece or parcel of land, situate in East pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Westerly line of Erford Road (West), which point is 250 feet North of the Northwesterly corner of Stephen Road and Erford Road (West), and at the dividing line between Lots Nos. 10 and 11; thence along said dividing line ,South e6 degrees.' 30 minutes West, a distance of 172.37 feet to a point on the Easterly line of lands now or late of East Pennsboro Township; thence along same North 18 degrees 36 minutes East, a distance of 40.47 feet to a point at the dividing line between Lots Nos. 11 X and 11; thence along said dividing line North 86 degrees 30 minutes East, a distance of 157.14 feet to a point on the Westerly line of Erford Road (West) aforesaid; thence along same South 03 degrees 30 minutes East, a distance of 37.50 feet to a point, the place of BEGINNING. BEING Lot No. 11 X on Plan No. 11 of Ridley Park, which plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 20, page 7. HAVING thereon erected a semi detached dwelling house known as No. 605 Erford Road (West) . UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions, and/or conditions of record. BEING the same premises which Lorraine M. Gates, by deed of even date and about to be recorded herewith, granted and conveyed unto George E. Musselman, Jr. and Tina M. Musselman, the mortgagors herein. ALTA COllllllitment Schedule C ev.Y\~b It '1/ eooK1377 PAGE 203 1'~~1'l= ....., VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff COLUMBIA NATIONAL, INCORPORATED said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 26, 2000 ~~ Leon P. Haller, Esquire I'''' ~ 'r, "'""""""'I =-- - SHERIFF'S RETURN - REGULAR CASE NO: 2000-07717 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS MUSSELMAN GEORGE E JR 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 MUSSELMAN GEORGE E JR the DEFENDANT , at 0019:48 HOURS, on the 16th day of November, 2000 at 16 ROBIN COURT MECHANICSBURG, PA 17055 by handing to GEORGE E. MUSSELMAN, JR. a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So Answers: r~~~~( R. Thomas Kline Sworn and Subscribed to before 11/17/2000 PURCELL, KRUG & HALLER B~~ Deput erlff me this /~ day of ~ ;Jo-zri} A.D. n. a~- '--j1~notary , ~ ' )"~~' ,~ - -J 0'_',[ I I~- SHERIFF'S RETURN' ~ REGULAR CASE NO: 2000~07717 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INC VS MUSSELMAN GEORGE E JR ET AL WILLIAM DIEHL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE MUSSELMAN TINA M the DEFENDANT , at 0019:48 HOURS, on the 16th day of November, 2000 at 16 ROBIN COURT MECHANICSBURG, PA 17055 by handing to TINA MUSSELMAN a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So A,nswe. r, s:. ~l :t("~1~ R. Thomas Kline 11/17/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: me this iAJ- day of IJ)Lt_UV.J",. ,mn) A. D. ~..L a. }MiH;~) 1~ P othonotary , .. - ( D Sheriff ~I .. COLUMBIA NATIONAL, INCORPORATED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs, ACTION OF MORTGAGE FORECLOSURE GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN '7U;, (}O, 7'111 CUni I~ Defendants 1, TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have heen sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, hy entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaiutiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS POPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT RAVE 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 LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE RAN DEMANDADO A USTEDEN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENT ADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUEUSTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQillER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSECiUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA' CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 TRUE COpy FROM RECORD' In Testimony whereof. I here unto set my IlIIlO and the seal of said err at carlisle. Pa. This 3~~ .;~ ~~~ ~ . f ProthonotarY I'~- , ~, 1 ~ COLUMBIA NATIONAL, INCORPORATED, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the i;rl"oresaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff -,-, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COLUMBIA NATIONAL, INCORPORATED, Plaintiff Defendants ACTION OF MORTGAGE FORECLOSURE 'fLD, 0'1), 11JJ Cwct I.L-o-> GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, COMPLAINT IN MORTCAGE FORECLOSURE I. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address is 7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, GEORGE E. MUSSELMAN, JR., is an adult individual, whose last known address is 605 ERFORD ROAD, CAMP HILL, PENNSYLVANIA 17011. Defendant, TINA M. MUSSELMAN, is an adult individual, whose last known address is 605 ERFORD ROAD, CAMP IDLL, PENNSYLVANIA 17011. 3. On or about, April 21, 1997 the said Defendants executed and delivered a Mortgage Note in the sum of $76,000.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1377, Page 197 conveying to original Mortgagee the subject premises. The Said Mortgage are incorporated herein by reference. 5. The land subject to the Mortgage is: 605 ERFORD ROAD, CAMP IDLL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "13" attachedhereto. 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on February 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: '" ~ -I Interest at $16.26 per day From 01/01/2000 To 11/01/2000 (based on contract rate of 8.000%) $74,187.43 $4,943.04 UNPAID PRINCIPAL BALANCE Accumulated Late Charges $281.28 Late Charges $26.66 Per Month for 10 months 1 $266.60 Escrow Credit $323.03 $3,709.37 Attorney's Fee at 5.0% of Principal Balance $83,710.75 **Together with interest at the per diem rate noted above after No.vember 1,2000 and other charges and costs to date of Sheriff s Sale. The attorney's fees set fo.rth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mo.rtgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to. foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces o.fthe United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners'. Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. --!'~ ,. ~ WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($16.26 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of BY~. - PUR L, & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 1570Q 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) the property within described. "-~ "~" 1- '1' ~, -I . NOTE 03240138 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. April 2l [Date] 605 Erford Road, Camp Hill, PA l70l1 1997 [Cily] Camp Hill Pennsylvania . [State] [property Address] 1. BORROWER'S PROMISE TO PAY , II!. return for a loan that I have received, I promise to pay U.S. $ "prinCipal"), plus interest, to the order of the Lender. The Lend~r is . . ~ 76.,000.00 (this amount is called Columbia National Incorporated . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid prinCipal until the full amount of prinCipal has been paid. I will pay interest at a yearly rate of 8.000 %. The interest rate required by this Section 2 is the rate J will pay both before and after ar,y default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the . First day of each month beginning on June l , 1997 . I will make these payments every month until I have paid all of the prinCipal and interest and any other charges described below that I may owe' under this Note. My monthly payments will be applied to interest before principal. If, on May l 2027, I still owe amounts under this Note,I will pay those amounts in full on that date, which is called the "Maturity Date. " I will make my monthly payments at Columbia, MD 21045-6050 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment. " When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of prinCipal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose .to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces prinCipal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments . If the Note Holder has not received the full amount of any monthly payment by the end of the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in defanlt. Columbia National Incorporated, P.O. Box 3050, or at a different place if required by the Note Holder. 557.67 l5 calendar days after 4.000 % of MULTISTATE FIXED RATE NOTE - Single'Family - Fannie Mae/Freddie Mac Uniform Instrument cD -5V (9204) @ VMP MORTGAGE FORMS. (3131293-8100 - {8~~~2i.' 4"M J Pagelof2 20982990 InltiatlJf"V~"L./' Form 3200 12/83 Amended 4/92 8\tlibif I'A" IIIIIII1 111111 III.IIII~ 1111 1111 IIII "'-1 ~~-~ ._~. ~ '--1' '" (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (0) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do sq if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable a!torneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the P!'(lperty Address above or at a different address if I give the Note Holder a notice of my different address. \, Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a gualantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishoner" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. ALLONGE TO TillS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] . o Graduated Payment Allonge D Other [Specifyl 0 Other [Specify] 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from 'possible losses which might resnlt if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of "'I amounts I owe under this Note. Some of those conditions are described as follows: . Regulations (38 C.F.R. Part 36) issued under the Department of Veteran's Affairs ("V.A. ") Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~-<- 'L ~ ~ /' George E. Musselman, Jr. SSN: 2H-48-5673 (Seal) ~~1'Y/r!t.lL4.4.tl~ -Borrower Tina M'. Muss$ man SSN: 185-50-7552 (Seal) -Borrower .....-..'.. (Seal) -Borrower (Seal) -Borrower SSN: SSN: [Sign Original Only] __ -5V (9204) ., Page 2 of 2 Form 3200 12/83 -'-~". ...., Commitment Number: MUS3197 SCHEDULE C PROP~RTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN piece or parcel cJmberland County, pennsylvania, follows: of land, situate in East pennsboro Township, more particularly bounded and described as t BEGINNING at a point on the Westerly line of Erford Road (West), which point is 250 feet North of the Northwesterly corner of Stephen Road and Erford Road (West), and at the dividing line between Lots Nos. 10 and 11; thence along said dividing line South ~6 degree; 30 minutes West, a distance of 172.37 feet to a point on the Easterly line of lands now or late of East pennsboro Township; thence along same North 18 degrees 36 minutes East, a distance of 40.47 feet to a point at the dividing line between Lots Nos. 11 X and 11; thence along said dividing line North 86 degrees 30 minutes East, a distance of 157.14 feet to a point on the Westerly line of Erford Road (West) aforesai~j thence along same South 03 degrees 30 minutes East, a distance of 37.50 feet to a point, the place of BEGINNING. BEING Lot No. 11 X on Plan No. 11 of Ridley Park, which plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, pennsylvania, in Plan Book 20, page 7. HAVING thereon erected a semi detached dwelling house known as No. 605 Erford Road (West). UNDER AND SUBJECT, NEVERTHELESS, to all rights of way, easements, restrictions, and/or conditions 'of record. BEING the same premises which Lorraine M. Gates, by deed of even date and about to be recorded herewith, granted and conveyed unto George E. Musselman, Jr. and Tina M. Musselman, the mortgagors herein. ALTA COlMlitment Schedule C 2'f-y\~blt ,"{)-.". ::v BooK1377 PAGE 203 I""" j^ ,. --'-'1 , VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff COLUMBIA NATIONAL, INCORPORATED said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 26, 2000 ~------- Leon P. Haller, Esquire I"~ , -I -~ ... -.~ : - I _ _',' ,: _ __ _,,' jlr.I4lM#.w.:.~~~i'-U&1l:iIl."t..4~1oi""""iIi'L1",',,,h""'<-"I"'-l>f;il-,q,;).,\!,.;Ji~J-k11;;;"i~lili~"L~liI1l1lUl i If! iIIl~IlI~'r='i!1'''~.~''''~"~' '.....,~.~.lWs!iilillillliB!iilll!liilllililllil~.i-"1~, if4i""'~"-~~ ~ ~ @g ~ @'H) IIII111L....., , -,..~"' """")it ~ l:;;;;:- t.=-' ~ ~--~..', [~":.': @,: ... w ~, . . COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2 000 7717 VS. GEORGE E. MDSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $16.26 from 1/1/00 to 11/1/00) Accumulated late charges Late charges ($26.66 per month to 11/00) Escrow Credit 5% Attorney's Commission TOTAL $74,187.43 $ 4,943.04 $ $ $ 323.03 $ 3,709.37 281.28 266.60 $83,710.75** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG By ~ Leon P. Haller #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 f:\HOME\MKF\DOCSICUMBERLA\MUSSEL.P I"""'''''''''~l<ill".......... -I,' ~r . ... " ( COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION - LAW NO. 2000 7717 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 21, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. ByA Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 !'" , , .. > I COLUMBIA NATIONAL, INCORPORATED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : NO. 00-7717 CIVIL VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN Defendants : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: February 21, 2001 TO: GEORGE E. MUSSELMAN, JR. 16 ROBIN COURT MECHANICSBURG, P A 17055 TINA M. MUSSELMAN 16 ROBIN COURT MECHANICSBURG, P A 17055 TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURJPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YUU MAY LOSE YOUR PROPERTY OR OTIlER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION CARLISLE, PA 17013 717-249-3166 By LEON P. HALLER, PI. omey fo Plaintiff LD. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 r-'""''-'''''''''''''''''''l,,1 I.'~ '-,"I " ... ... COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V8. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION - LAW NO. 2000 7717 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You following captioned are hereby notified that judgment has been entered matter: on 01tvL. If- }-uTI against you in the the above- $83,710.75 and for the sale and foreclosure of your property located at: 605 Erford Road, Camp Hill, PA 17011 Dated: 3- I ~-{)I ClD1RJll;rr- Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: George E. Musselman, Jr. 16 Robin Court Mechanicsburg, PA 17055 Tina M. Musselman 16 Robin Court Mechanicsburg, PA 17055 r-'~'~-< "'~ '.-,1, ~""",...~~.,...,......,.!"!I' -" '"",,"--' .--' - ~,~' - -~"' "~'~-',' -- ,,--- "" I I :sr" -""U ~ ..--. ~\ " il! T C\ ~ ~ :J" -<f...... , [i II Iii I" I " I, 'I I' ! ...........7 i ,,~-~ - :. ~ .......... <::> ~ ~ " "'~""'"'T wn IT '" nlillrl' [ i .'.'''1'. ., ~c::> \~)~ '" r-' -- X..>-~ - ',\) -J , -s:-, "';;U fcJT , '-\..J , ~ l t-- (- ,.>.., .....\, ~, ~ "'-. -~ ,;r' r -- G J "'- o ~ i:J t:f rnrr Z~::r 2:.C ~t <: ~c:) i:=() Pf; ~ c:' :1: :;\;~I ;0 . .' ,') '"--:~ ~.. ..' .r-~ , --;'1 ,--I '- ~~; ,i __,,,-.J --r'''-r, ~;B ani '-1 ~ "< -a :J: r:-? r:- o ~J_~~~m;;.;~';:lffi''!''''''1"r'''''''_~~)''tiJ~;li'\WI'''\'I-m"'~1'i'~'''-')!il1''-1'''''''''"'!W_lt~~--"'l'~~~'~~', ,,'.' .))11' ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2000 7717 r COLUMBIA NATIONAL INCORPORATED, PLAINTIFP TOTAL AMOUNT OF JUDGMENT $83,710.75 Interest at $16.26 per diem to sale date $ 3,528.42 Late charges at $26.66 per month to sale date $ 159.96 Escrow Deficit $ 2,000.00 TOTAL $89,399.13* VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEPENDANT(S) *SALE DATE: WEDS., JUNE 6, 2001 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Date: March 12, 2001 Issue Writ of Execution in the above captioned case. ..~ Leon P. Haller PA I.D. #15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in th~ attached description known as 605 ERFORD ROAD, CAMP HILL, PA. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY I:\HOME\MKF\DOCSICUMBERLAIMUSS!::LMA.W l;,;'~~ ,- f ~, - r ALL THAT CERTAIN piece or parcel of land, situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Westerly line of Erford Road (West), which point is 250 feet North of the Northwesterly c~rner of Stephen Road and Ertord Road (West), and at the dividing line between Lots Nos. 10 and 11; thence along said dividing line South 86 degrees 30 minutes West, a distance of 172.37 feet to a point on the .Easterly line of lands now or late of East pennsboro Township; thence along same North 18 degrees 36 minutes East, a distance of 40.47 feet to a point at the dividing line between Lots Nos. 11 X and 11; thence along said dividing line North 86 degrees 30 minutes East, a distance of 157.14 feet to a point on the Westerly line of Erford Road (West) aforesaid; thence along same South 03 degrees 30 minutes East, a distance of 37.50 feet to a point, the place of BEGINNING. BEING Lot No. 11 X on Plan.No. 11 of Ridley Park, which plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in plan Book 20, page 7. HAVING thereon erected a semi detached dwelling house known as No. 605 Erford Road (West). BEING THE SAME PREMISES WHICH Lorraine M. Dziewior (formerly Lorraine M. Gates) and Christopher Dziewior, by deed dated 4/21/97 and recorded 4/25/97 in Deed Book 156 page 476 granted and conveyed unto George E. Musselman, Jr. and Tina M. Musselman. TO BE SOLD AS THE PROPERTY OF GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN ON JUDGMENT NO. 2000 7717. PARCEL: 09-17-1042-013 'J,:,. ._8 .... l!.IlII_ _"""',~~<f~~', ~,~. -' ~' ,-,~, ' ~~"<~''''~''"''-'''' '""-~,. -"~,~~, , ~ t:~ \ ", j -. \ ~, : i ~ ~ , \ \ ,;0' c:jl I i , ........... - G" ~ ~J~ '~ ~ ~ 0 ~G-.\ ~::- ~. , <& ~ ~( (~ '.,',"'",-", . 0 c::;; 0 C "n :s: :r,: .., vC'J J.";~ ::1 mfT': ;:u Z:x.~ , zr" "'-.' ~-:q sQ?Z: .~" "S ~C' ._---,~~ -0 ----- ., ~"c -"~ ;i~~ Zd r;y (:S;~'1 :l"C --1 ~ z:- ::r> ::D C::> -< nnr"'il - "" ~ ~"'-_~'I!'l\~~!~~'!!1I"')"l:r,rmi'"';:WJ:.~~1;"W'f'F"";;P~""""""'''l;,_,."",<;!'*'f""'Cl'~O"TI'f:5"~ll".,"~"lIf'-!."='IiI<!'1<Ei'iW~l''''"","~'__!Il1'!~~~'''~ ~. ... COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION - LAW NO. 2000 7717 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 605 Erford Road, Camp Hill, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): George E. Musselman, Jr. 16 Robin Court Mechanicsburg, PA 17055 Tina M. Musselman 16 Robin Court Mechanicsburg, PA 17055 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : American General Finance, Inc. 125 Gateway Drive Suite 109 Mechanicsburg, PA 17055 U.S. Department of Housing and Urban Development 451 7th Street - Southwest Washington, D.C. 20410 -~'~"'" ~<'. -I ,. r. U.S. Department of Housing and Urban Development Albany Office - Region II 52 Corporate Circle Albany, New York 12203-5121 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 !C_--"'WI'J)O_",!!, 1--- ~ . -, . , 1 - __1"0- ~~ "7 -~~-,,~~ , ' e ~ ""'" i I 11"""-"- "ilII ~l~ il "~""""vlrXW Ji"..~'i ... 0 0 (J c: -n s:: :~ ---~ -00:.1 :,-.... 2J [nrl" :xl ~.~~ ~ -r I .r.;'" ~-~:::<? ~::;~C) r::b -c; ~_-~ .+1 <... 2:,C: -." '~:=;:("') b-Cl r;? C3,r';.'1 PC: "1 -~ l'"' 5J ~ (::> .... -~ ~rm~~~~~Jl[!li!J'~W~~'~ji!!-'""i"'!'n~'''!'-''1''W''''''!'''"'~''1''''jilr''''':~'?!'f-"""".~Y"1"~W=1"'WFW~#'l;~i"-"'W"lrnl'!l'--"f'~~~,1_, "~II!I /' , COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION - LAW NO. 2000 7717 1,' , IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: / 605 Erford Road Camp Hill CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2000 7717 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property lS: GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN I" '-,-- 0,' -, _L /. 1 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the proceeds of the sale recei ved and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This :--""'~"!- -'!~. ~I ,^ I petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 T'~"'"'"'" , . -, I ~ "" I ALL THAT CERTAIN piece or parcel of land, situate in East pennsboro Township, cumberland county, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Erford Road (West), which point is 250 feet North of the Northwesterly corner of stephen Road and Ertord Road (West), and at the dividing line between Lots Nos. 10 and 11; thence along said dividing line South 86 degrees 30 minutes West, a distance of 172.37 feet to a point on the Easterly line of lands now or late of East pennsboro Township; thence along same North 18 degrees 36 minutes East, a distance of 40.47 feet to a point at the dividing line between Lots Nos. 11X and 11: thence along said dividing line North 86 degrees 30 minutes East, a distance of 157.14 feet to a point on the Westerly line of Erford Road (West) aforesaid; thence along same South 03 degrees 30 minutes East, a distance of 37.50 feet to a point, the place of BEGINNING. BEING Lot No. 11 X on Plan.No. 11 of Ridley Park, which plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, pennsylvania, in Plan Book 20, page 7. HAVING thereon erected a semi detached dwelling house known as No. 605 Erford Road (West). BEING THE SAME PREMISES WHICH Lorraine M. Dziewior (formerly Lorraine M. Gates) and Christopher Dziewior, by deed dated 4/21/97 and recorded 4/25/97 in Deed Book 156 page 476 granted and conveyed unto George E. Musselman, Jr. and Tina M. Musselman. TO BE SOLD AS THE PROPERTY OF GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN ON JUDGMENT NO. 2000 7717. PARCEL: 09-17-1042-013 V'P'i,,_~-, "' '; . ,~ ~ ,~'>>"""'n~ (') c: <'" ""Off; 11I.-n"1 z:::..:' ?(~~, ~~~o- ~CJ :-PC, 2:("', J>c": '7 S! o :JC on,. '0:J II. ~ " tJ --n .r;:" ..." -n ~,:ti f-:;:,cn -':::.~ >- 'On -< ~,'~ i:-?' "'" c> ~~~_~ WI!I!~~,,,'@~'iU,!,"!,glll.'l'F1-~'l'$~~,,,"""!<;I';lt1ii~~ffi''!~lWJMi!tW-''','''''W,Jl!1-FT""''''f''~"",''""'''i'_'_;~;'';'-'1''"!-'i!1'_''''=~i,""''R''H~'~''F;'i)!~'"'\'i"~"'-~I~:Kq~W~~.,.~. "_. ..~~ . , COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION - LAW NO. 2000 7717 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg , Pennsylvania on,~ )9,9.lo.l , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: George E. Musselman, Jr. 16 Robin Court Mechanicsburg, PA 17055 Tina M. Musselman 16 Robin Court Mechanicsburg, PA 17055 American General Finance, Inc. v/ 125 Gateway Drive Suite 109 Mechanicsburg, PA 17055 U.S. Department of Housing and Urban Development 451 7th Street - Southwest Washington, D.C. 20410 U. S. Department of ./ Housing and Urban Development Albany Office - Region II 52 Corporate Circle Albany, New York 12203-5121 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I-<-O~'<I>;'N~~~ , ~-'I ~~, JOHN W, PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W, PURCELL JR, BRIAN J, TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102,2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234,1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: George E. Musselman, Jr. 16 Robin Court Mechanicsburg, PA 17055 Tina M. Musselman 16 Robin Court Mechanicsburg, PA 17055 American General Finance, Inc. 125 Gateway Drive Suite 109 Mechanicsburg, PA 17055 U.S. Department of Housing and Urban Development 451 7th Street - Southwest Washington, D.C. 20410 U.S. Department of Housing and Urban Development Albany Office - Region II 52 Corporate Circle Albany, New York 12203-5121 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said Sheriff's Sale. ~ By: said Leon P. Haller PA I.D.15700 ,,~""'~~, . . COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION - LAW NO. 2000 7717 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 605 Erford Road Camp Hill CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2000 7717 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN ""';-~"~'" ~"~ """""'"'I A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of COmmon pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This !'>""~""";"~ . , ~- ,;, petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 i'T,-~, -~-~~" =~~... ALL THAT CERTAIN piece or parcel of land, situate in East pennsboro Township, Cumberland County, pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Erford Road (West), which point is 250 feet North of the Northwesterly corner of stephen Road and Eriord Road (West), and at the dividing line between Lots Nos. 10 and 11; thence along said dividing line South 86 degrees 30 minutes West, a distance of 172.37 feet to a point on the Easterly line of lands now or late of East Pennsboro Township; thence along same North 18 degrees 36 minutes East, a distance of 40.47 feet to a point at the dividing line between Lots Nos. 11 X and 11; thence along said dividing line North 86 degrees 30 minutes East, a distance of 157.14 feet to a point on the Westerly line of Erford Road (West) aforesaid; thence along same South 03 degrees 30 minutes East, a distance of 37.50 feet to a point, the place of BEGINNING. BEING Lot No. 11 X on Plan.No. 11 of Ridley Park, which plan is recorded in the office of the Recorder of Deeds in and for Cumberland County, pennsylvania, in Plan Book 20, page 7. HAVING thereon erected a semi detached dwelling house known as No. 605 Erford Road (West). BEING THE SAME PREMISES WHICH Lorraine M. Dziewior (formerly Lorraine M. Gates) and Christopher Dziewior, by deed dated 4/21/97 and recorded 4/25/97 in Deed Book 156 page 476 granted and conveyed unto George E. Musselman, Jr. and Tina M. Musselman. TO BE SOLD AS THE PROPERTY OF GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN ON JUDGMENT NO. 2000 7717. PARCEL: 09-17-1042-013 r'-"""-~'-- ~_....- Re:, Columbia Nat'l vs. Musselman Cumberland Sale 6/6/01 u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: George E. Musselman, Jr. 16 Robin Court Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Tina M. Musselman 16 Robin Court Mechanicsburg, PA 17055 Postmark: / /' u. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service For.m 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: American General Finance, Inc. 125 Gateway Drive Suite 109 Mechanicsburg, PA 17055 Postmark: r"'.~""~, -~-'~ "~,_I U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: U.S. Department of Housing and Urban Development 451 7th Street - Southwest Washington, D.C. 20410 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: U.S. Department of Housing and Urban Development Albany Office - Region II 52 Corporate Circle Albany, New York 12203-5121 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 '10-~"'W;;Wili~::~ ' . 1""'1-,""'" , ~ , """","""i' , ~.~ _ ,--""""","-~, ,""c- ><. ~ .' ~ (") C" oS ~ ~t}) f1 ,(!--' ......::::i:J1 <,-- ;q~:- ~D :;;; Z(") $0 !ii -._~ -< ,~.,~^.^ UI o 9, :::::J /-i7 .~~l r- :TI El 0,[ '.;:iC' ~"-- ", O:tr ~h? - ~ ~ , (fJ :>::.. :1:; ~ ,) -'-' .:::c! Ir1~ ""'!''''~'''''.'''''~~~~'f!'1",~<',j]'-!'~~rr1'~MiflIl'~Ij!'I''W-lM'-iI'''''''';11~-e~'m;.'~'N''''',W,:{"fc'<<Ijf'm>m!<Jll!~ffl" STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler I, ____________________________________________________-<________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ___________u___ SEcretary of Veterans Affairs of Washington DC. ------------------------------------------------------______________________________ ~ thegroanree 6th the same having been sold to said groantee on the -______________________________________________ day of 01 _____, under and by virtue of a wriL_u__________ 14th Execution . ------ ---------------------- ---------___________ ISSued on the ________ _____ ___ ____ ________ __ _______ June ~ ________________________________________ A. D., ' day of ______________~:_':.:~______ A. D., Civil ------------------ ------------... -_ u_ ____________ ____ _____ ___ ________ __ ______ _____ Term, : 01 . -----, out of the Court of Cornman Pleas of said County as of 2000 7717 . Number ______________, at the SUIt of COLumbia NAtl rnc --------------------------------------------- George E Musselman Jr & Tina m ---------------------------.. --- ---- against_ __ - ---_ -_ _____ ___ _____ ____ ________ ____.. _______ __ __ _ is " 247 383 duly recorded m Shenfrs Deed Book No. ____________, Page ________~___. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this ___~_?:-___ day of ---m---9~------------ A. D., pl.C>.Q-L -~j.L--~).R~~~f&~ ....,et lleelII. ~,illt"'... 0IunIr....... fA M, Camllllulon EIpllea.... FilIIlflllIdtIllI__ I'"""",~" , ....,-1 "~ -, ~,- Columbia National Inc. VS. George E. Musselman and Tina M. Musselman In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-7717 Civil Shawn Harrison, Deputy Sheriff, who being duIy sworn according to law, says on April 17, 2001 at 6:33 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of George E. Musselman and Tina M. Musselman located at 605 Erford Rd. Camp Hill, Cumberland County, Pennsylvania, according to law. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 5:50 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: George Musselman, by making known unto George Musselman at 16 Robin Court Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Gerald Worthingotn, Deputy Sheriff, who being duly sworn according to law, says on April 17, 2001 at 5:50 o'clock PM EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Tina Musselman, by making known unto George Musselman, husband, at 16 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies ofthe 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: George E. Musselman by reguIar mail to his last known address, 16 Robin Court, Mechanicsburg, P A. This letter was mailed under the date of April 18, 200 I and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duIy 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: Tina M. Musselman by regular mail to her last known address, 16 Robin Court, Mechanicsburg, P A. This letter was mailed under the date of April 18, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duIy sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 6, 2001 at 10:00A.M., E.D.S.T. and sold the same for the sum of $1.00 to Sharon Dunn for The Secretary of Veterans Affairs of Washington, D.C., his successsors and/or assigns. It being the highest bid and the best price received for the same The Secretary of Veterans affairs of Washington, D.C., his successors and/or assigns, ofWisssahickon Avenue and Manheim Street P.O. BoK 8079 Philadelphia, PA being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $841.97 it being costs. I' "f ~ ~." Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Distribution of Proceeds Share of Bills Sheriffs Deed 30.00 16.51 15.00 15.00 30.00 10.00 .50 1.00 16.74 1.39 15.00 30.00 302.60 281.64 25.00 25.09 26.50 $841.97 paid by attorney 06-21-01 Sworn and subscribed to before me This ,1j{) Ie day of 01 2001 AD. (~Q.~.~ I'-'~""-'- ~--;'" pz:...-~~ R. Thomas Kline, Sheriff By <~he~~ ~~ (lO ('.." iJ. 1>0', SO '63 , '1>0 C/'-- 3 JJ'-j7fl \0-u' , - ~I - i . . .' .:'..,.--",..-~,::... ",'.- COLUMBIA NA'l'IOr-:fAr,',"I:Ne<:lRP'ORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION - LAW NO. 2000 7717 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 605 Erford Road, Camp Hill, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s) : George E. Musselman, Jr. 16 Robin Court Mechanicsburg, PA 17055 Tina M. Musselman 16 Robin Court Mechanicsburg, PA 17055 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) American General Finance, Inc. 125 Gateway Drive Suite 109 Mechanicsburg, PA 17055 U.S. Department of Housing and Urban Development 451 7th Street - Southwest Washington, D.C. 20410 i""~"'1"'-' ~~,. , U.S. Department of Housing and Urban Development Albany Office - Region II 52 Corporate Circle Albany, New York 12203-5121 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating~ unsworn falsification to authorities. ~7 _ ,~...-//"'-~-:7 ~ ~ f Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2001 I-"~""""" ""'.......,_ , COLUMBIA NATIONAL, INCORPORATED PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND. COUNTY, PENNSYL VAlifIA VS. GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN, DEFENDANTS CIVIL ACTION -LAW NO. 2000 7717 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner'S Hearing Room 2nd Floor Cumberland County courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 605 Erford Road Camp Hill CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2000 7717 is: THE NAME{S) OF THE OWNER{S) OR REPUTED OWNERS of this property GEORGE E. MUSSELMAN, JR. AND TINA M. MUSSELMAN '1 , - ~:-, '~,n," - ~,- "",','~< __::: 1_" ___"o,___~" - -'-' " '.1"'11'-~' -, " :-~-" _. "",~~y,~~-:-- "_n ,. -:_ ';_.," '~', __9'-,~~" . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) ~.' . NO. 00-7717 CIVIL 19~ CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Columbia National Incorporated from Mechanicsburg George E. Musselman, Jr. and PLAINTIFF(S) Tina M. Musselman, 16 Robin Court, PA 17055. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real es tate located at 605 Brford Road, Camp Hill PA 17011. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notKy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) isJare enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjectto attachment is found inthe possession of anyone other than a named garnishee. you are directed to notify him/her that he/she has been added as a garniShee and is enjoined as above stated, Amount Due S83. 710.75 Interest S16.26/diem to 6/6/01 $3,528.42 LL $.50 Due Prothy $1. 00 OtherCo~s Escrow Deficit $2,000.00 Late charges @ $26.66 per month to sale date $159.96 Atty's Comm Atty Paid Plaintiff Paid % $122.82 Date: March 14, 2001 CURTIS R. LONG i \ _;]:0 Ola~. Civil Di:iSion ( " Oeputy by: REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 N Front St Attorney for: Telephone: (717) 234 4178 Supreme Court ID No. 15700 Harrisburg PA Plaintiff 17102 F"*!tr.<lll:'lW.!';,_"__ " o. ' . ~ c::;:::a =. fiI) , ,~, II REAL ESIAIf SALE N~~D ' On ~ J (". ~ 001 the sheriff levied upon the detenaa.., Interest In the real property situated in F CUJ.I/L.VYV1~ .~ Cumberland County, Pa., known and numbered as: 6d,-') ~..../.~ ~ and more full' ' '",'i on Exhibit "A" filed wi:: this writ and by this referen,< '. } 'it' herei n . "'lte:r;J11""-_ J..f. /d'. a.oc>/ J'~~ ~~ _~ '!"I'lIlIIIIiF!I\!Il~~~~'''-'''''' "_.,.''''ll_lIlfjfillc.. ~~,=~~~'Ir>,"-!I"H".l';iW~'f'"'Y"'1f""~~r";'\'''''''''' ,,'-',q-:" ,"'-' ,,-, '?'4Y:P;'*>_"F-l'n~,"'F~W""''''! rl'''';:''"''''~''~~'~~ lllI. """""'~~~"'''''~ !'~~-" REAL ESTATE SALE NO. 40 Wrtt No. 2000,7717 Civil Columbia National'Incorporated vs. George E. Musselman, Jr. and TIna M. Musselman Atty.: Leon P. Haller ALL THAT CERTAIN piece or pat' celofland, situate in East Pennsboto Township. Cumberland County. Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Westerly Une of Erford Road (West), which point is 250 feet North of the Northwesterly corner of Stephen Road and Erford Road (West), and at the dividing hne between Lots Nos. 10 and II: thence along said dividing Une South 86 degrees 30 minutes West, a distance of 172.37 feet to a point on the Easterly line of lands now or late of East Penns- boro Township; thence along same North 18 degrees 36 minutes East, a distance of 40.47 feet to a point at the dividing line between Lots Nos. I I X and I I; thence along said dividing line North 86 degrees 30 minutes East, a distance of 157,14 feet to a paint on the Westerly line of Erford Road (West) aforesaid; thence along same South 03 de- grees 30 minutes East, a distance of 37.50 feet to a point, the place of BEGINNING. BEING Lot No. I I X on Plan. No. I I of Ridley Park, which plan is re- corded tn the office of the -Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 20, page 7. HAVING thereon erected a semi detached dwelling house known as No. 605 Erford Road (West). BEING THE SAME PREMISES WHICH Lorraine M. Dziewtor (for- merly LorraJne M. Gates) and Chr1s. topher Dzlewlor. by deed dated 4/ 21/97 and recorded 4/25/97 in Deed Book 156 page 476 granted and conveyed unto George E. Mus- selman, Jr. and Tina M. Musselman. TO BE SOW AS 1HE PROPER. lY OF GEORGEE. MUSSELMAN, JR. AND TINA M. MUSSELMAN ON .JJTnnll..~"'~--~~ ~,~-- - ~I ~1""""':11 , PROOF OF PUBLICATION OF NOTICE IN CUMrnERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regnlar editions and issues of the said Cumberland Law Journal on the following dates, v!z: 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. ~~Editor ~ SWORN TO AND SUBSCRIBED before me this 11 day of MAY, 2001 NOTARIAL , LQIS E. SNYllER, Notary PubIlc Carli8leBoro. Cumberland County ... . My CornmissioIi Exp!resMaroh 5, 2llO5' Ii ~ , "~ __IlEAL ES'J).'ltS'ALE No, 40 'tii.rtt~.2OOO'm7 ' '. .. , ClvDTerm . Columbla_Natfonal -~corpOraled George 1:. 's~linan, Jr. - - andTfna M. Musselman -~ Allv: LOon P. HllI~r " D~IPTlON ~~ALLJHAicrRT.:UN piece parcel afland, situate '""in:- East Penrisbpro TOI'\Tlship, Cumberland "'":~'; }\>nnsyh'ania, more parhcularly bound~J ---=it1~qfued.l~ fonOl'ts: ;] BtGI.m.TNG at a poinf onntiie Weslea~: line 6"[ -"J~tQ!o::lliomwestl which point is 250 fe'et ~orth !:~~~~\)~~~ilk_~mll9LSteEben Roail and ~a]foad ~\feslJ,--~m;r-anne P-1\1.c1.mg-li'ii'C ~]..Qtf>j~O~, l~!LdJl<JheJl(!'_E!gng said =~_ illViding line $(Iufh_86 degrees 30 minutes \Vesl, a ~dislance of 1'72.31 feel to a point on the Easti!rf\' :;,-1lliiDOC 1J.n,ds..nQw or late of Easter Pennsboro ~,:(q>>'~~Uhe~~ _aro~S _~o!:1e North 1~ de~gr~e~ ::~.t f'~ ~J5f :t-({lslan.:eOf -ID:i7~el fo a polnl ~9;iriJingJine between tots Nos.. 11 X and :"- .n;Thence along said dividing line North 86 i:~~O~\!Imu~'~ y.sJt a disYE_,e of 157.l_~ f",_t'! ~:!f:POint' on-TheWCillrlVline OIrrrord Road - :. WesU afOresaid; - ,tlience:-along-sameSoilEh m '-";degrees 30mihutes 'Ea~~ a distance oJ:l'Z5O feet-_: to --6ffit!fh~placeofBEGT!\~G. ~- tNo.n Xon Plan ~o.l1 of Ridle',' recQr e In eo ICE e'. ~ I or uriioert.i.n-d" an 111 .ilJtlOOk20, ~ge 1. - - "-' . ~ ~5emi detached .~llas o. o-a 0_ - ng (WeSI), ~'p!emiseswhichlorraineM. _ UiM;wiar ,(f.orn;erly ~rraine M. Gales) and -~(hti&op'heT Dzle\'.1or, ~. deed dated -tf21f9i and ~ed'412'5m'in-deed,Book 156 page 476 ~... n d and cQlJyey~a .ul)to _George E. ~ -- a~tandnnaM,)1usselman. "'- uas-u\urop~t\'o[~E. tMusseliilan, -jr,ano TIna _ . ~:,.russelman on 1:.r;~~o'-2OOlJ7717. 0,. ;Ji9.'l7'~:013,u . " . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid: that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 ., offlre ,,, ,", R.~",,", " "'''', '" '"' ,,, ". ,,"". " ',"p"," '" M"re4'''"' ,,",. "M", V;I~:L11~:~~~~' .....................................<2................................................... CO PY Sworn to and subscribed befor 's 21 st day 0 ay 20 .0. S ALE #40 Notarial Soal Torry L, Ausaoll, Notary Publ Harrlaburg, Dauphin Coumy My Commla~lon Explrea Juno ii, 2002 NO ARY PUBLIC MDm~Dt, PennsylVania Association at NO~%ommission expires June 6, 2002 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 280.14 1.50 281.64 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.................................................................... 1~.^=~< -