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HomeMy WebLinkAbout01-04158FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. JANET K. RASMUSSEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA D/- c~ / S ~ CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE TffiS FII2M 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 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 afrer the Complaint and notice aze served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claim in th'e Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIl2 CON EL PROCESO SIN SU PARTICB'ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDH2 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 INIIVIEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. JANET K. RASMUSSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the 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 thinly (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 Attorney I.D.# 15700 Attorney for Plaintiff FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. :ACTION OF MORTGAGE FORECLOSURE • ol- 5'/5fr G~-P e-~- JANET K. RASMUSSEN, . Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with a n address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, JANET K, RASMUSSEN, is an adult individual, whose last known address is 113 OLD YORK ROAD, TRAILER 3, NEW CUMBERLAND, PENNSYLVANIA 17070. 3. On or about, May 04, 1990, the said Defendant executed and delivered a Promissory Note ("Note") in favor of CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION "Original Mortgagee") in the principal amount of $54,000.00, the proceeds of which were used to purchase a residential property located at 224 RENO AVENUE, NEW CUMBERLAND, PENNSYLVANIA 17070. A copy of the 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, Defendant 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 977, Page 118 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to CORESTATES BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 380, Page 719. The Mortgage was subsequently assigned to MELLON BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 535, Page 324. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Book 617, Page 33. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 224 RENO AVENUE, NEW CUMBERLAND, PENNSLVANIA 17070 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on December Ol, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $10.34 per day From 11/01/2000 To 08/01/2001 (based on contract rate of 7.950%) Accumulated Late Charges Late Charges $19.72 From 12/01/2000 to 08/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $46,836.02 $2,822.82 $118.32 $177.47 $550.24 $2,341.80 $52,846.67 **Together with interest at the per diem rate noted above after August O1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her 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 (Ilomeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has 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 7.950% ($10.34 per diem), together with other charges and costs including escrow advances incidental thereto to the date of ~lieriff's Sale and for foreclosure and sale of the property within described. By: PURCELL,'HItUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ~ '~aswlsmz'u-''.C~-. In -.:.' i i _ 1. BORROWER'S PROMISE 70 PAY ~~-. In return For a loan that 1 have received, I promise to pay U.S. $...~:k...A.QQ...ll.R...._......... (this amount is celled - --..~ "prindpai"), plus interest,tothe order oftfie Lender. The Lender is .................................:.................................................... - :'- ,CENTRAL PENNSYLVANIA,SAVING$ ASSOCIATION I understand that the~Lender may transfer this Note. The Lender m anyone who takes this Note 6y transer 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 n yearly rate of.r.........L9............9'a. The interest rate required by this Section 2 is the mte 1 wilt pay both before and after any default described in Section 6(H) of this Note. 3. PAYMENTS (A) Time and Place ofPaymenm - I will pay principal and interest by making payments every month. .. ~- I will make my monthly payments on the...._lst_, day of each month beginning m .....T.l?~,Y ................................. - ~- 19_90.... I will make these payments every month until I fiave paid ell of [he principal end enterer and any other charges dJune blelow that I may ow 2020 this Note. My monthly payments will be applied m interest before principal. If, on - - ~' ................................................ ............... Istill owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." - -' Iwdlmakemymonthlypaymentsat.....too_weer,i~r~gRRnslxosa.;tlroat.-.;ihmmakln..RxmaeyAvmnla..l.Z8t7....... -` ................................................................................oratadifferent placeifrequired by the Note Holder. - (B) Amount of Monthly Payments - `~~ My monthly payment wi116e in theamount ofU.S. $......994_:95 O..BORROWER'S RTCHT TO PREPAY I have the right to make paytnenm 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 Nme Holder will use all of my prepayments m 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.applie to this loan and which sets maximum loan charge, is finally interpreted so that the interest or other loan charges mllemed or to be collected in connection with this loan exceed the permitted limits, then: (i) any sucfi loan chargeshall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me whicfi exceeded permitted limits will be refunded to me. The Note Holder may choose to make - this refund by reducing the prinrapal I owe under this Note or by making a direct payment to me. If a refund reduce principal, the reduction will be treated as a partial prepayment. - - 6. BORROWERS FAILURE TO PAY AS REQUIRED -: (A) Late Charge Por Overdue Payments :,: If the Note Holder has not received the full amount of any monthly payment by the and of .......15............ calendar -~>. days afterthe date it is du0.I will payalate charge tothe Nota Holder Theamount of the chargewi11be 5,,;00,,,,gy of my overdue payment of principal and interest. I will pay this Tate charge promptly but only once on each late payment. B) Default Ifldo not paythe fullamount afeach monthly paymenton the date it is due,lwillbein default. (C) NotieeofDefauit If I am in default, the Na[e Holder may send me a written nottce telling me that if I do not pay the overdue amount -- h f II t f 'pal which has not been paid lHOOOa9z~ 5iasa ;Camp Hill .Pennsylvania ........... IcIM Istate) 229 Reno Avenue, New Cumberland, Pp 17070 [Pneerry Atltlressl i~a NOTE - --~ .........MaY...4 ....................................... )9.9P..... byacertam dateitfie Nota Hokkrtnay requre mempayrmmedmtelyt e u amour m prrdm and ell the interest th>)t I owe on that amount. That date must 6e at least 30 days efte the date on which the notice is delivered or mailed m me. (D) No Waiver Hy Note Holder Even if, at a time when I am in defaulq the Note Holder does nm require me to pay immediately in full as described above, the Note Holder will still fiave [fie right to do w if I am indefault at a-later time. (E) Payment of Note Holder's Costa and Espences If the Note Holder has required me to pay immediately in full as described above, the Nme Holder will have the right to be paid back by me for all of its corm and expenses in enforcing this Note to the extent not prohibited by applimble law. Those expenses include, fm example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, my notice that must be given to me unde this Note will be given by delivering it or by mailing it by first clan mail t0 me at the Property Address above or at a different address if I give the Note Holder a notice ofmy different address. Any notice that must be given to the Note Holder under this Note will be given by mailing if by first class mail to the Note Holder at [he address stated in Sec[ian 3(A) above or a,[ a different address if I am given a notice of that different address. /!1 //n I !7 I L I~ /Li V IWU~'fIST'ATE FIXED RACE 'NDTE-siegla ia~mYily--FWMA/7FNLM6 "UNIFORM INSTRUMEWT Form 3200 x2/,83 g. OBLFCA7ION5 OF PERSONS TINDER TH[S NOTE ~. If more than one person signs this Note, each person is fully and personally obligated to keep a0 of the promises made in this Note, including the promise to pay the full amount owed. Any person who is aguarantm, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations ofa gua[antoc, surety oc endorser of this Note, isaho obiigated to keep ail of the promises nmde in IhiaNote. TheNotellolder may rnforce its rights under this Note against each person individually or against alI of us togethu. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any othtt person who hasobligations under Nis Notewaive thesightaof psesmtment and nmice of diahonm. "Presentment" means the right to require Ne Note Holder to demand payment of amounts duo "Notice of dishonor" means the right to requne the Note Holder to give notice to other persons that amounts due have not been paid. 10. UMFORM SECURED NOTE This Note is a uniform instroment with limited variations in some jurisdictions lw addition b the protections given to the Nate Holder under this Note, a Mortgage, Deed of Trost or Security Deed (the "Security InstmmrnP9, dated the same date as this Note, protects the Note Holder from possible lossm which might result if I do not k«p the promises which I make in Nis Note. That Security Inatromrnt describes how and tmdu who{ cmditiona 1 may be requited to make immediate peymrnt in full of ell amounts 7 owe undo this Note. Some ofthase cwditiom are described as follows: Transfer of the Properly or a Beneficial Interest in Borrowu. Hell or any part of the Property ar any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and- Horrowttis no[ a naturelperson)without Lender a prior writtrn consent, Laulttmay, at its option, require immediate payment in full of all sums secured by Nis Security instroment. However. Nis opdoa shall not be exttciaedbYLender ifexercise iaprohibitadby federellaw eaotthedateaCNts Security [netrumertt If Lender exttcises this opdorl, Irndu shall give Borrowtt notice of acceleration. The notice shall provide a period of not less than 30 days from Ne date the notice 'ts delivered or mailed within which Horrowumust pay all sums secured by Nis Security Instrument. if Borrower fails to pay these sums prior m the expiration of this period, Lrndu may invoke any remedies permitted by Nis Security Instrument without furthu notice or demand on Borrower. WITNP59 THE HAND(S) AND SP.AI.(S) OF THE UNDERSIGNED. Janet R. Rases saes, s/w ~awr^~r ...............................................................................:....... ........................(Seep Borrower .............................................................................................................:a(asrmwe) [Sign Original OnlYl I/WE HEREBY ACI^tit:iilEDGE RECE@T OFA CGPY OF 7:-:3 F.1v` 'i,AOH AND NOTE OR BOND AND WARRANT GlEBCH IIWBEXBCIrrBDIN ORDER TO CEASE THIS TAANSACnON. ~^^'Lf L'l~ Ma 15, 1990 Authorized Officer PayWithOU ecoursetotheordergfate MELLON BANK, N.A. AS TRUSTEE under an Indenture of Trust with the Pennsylvania Housing . Finance AgEnry dat:;d J _as of Apr'I 1.982 ~ ~wAM J. REpE~N _,,J k~„~ VICEPRE9r CereStafas nk, N.A. Pay, without recourse, to Philadelphia National Bank as Trustee under a Trust Indenture between sa'i'd T,ru/stee and Pennsylvania Housing Finance Agency dated as of April 1, 1982. -xi gym, , <...: ... ,o „ ,:.M, ~ , .dh; ..... , i a,•ES i ,,:1. "1l A nho d,•rt ri x . ,. i~ t „ ':,1 ils t ~„ n,•..Ah ,}, ~,z„i!.~.>0 .. 1. .,~.. ..... ALL that certain tract or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger. Registered Surveyor, dated August 8, 1958, as follows: BEGINNING at a point on the westerly side of Reno Avenue at the distance of twenty and five-tenth (20.5) feet 5outhwardly from the -Southwest corner of the intersection of Reno Avenue and Taylor Avenue; thence Southwardly along the westerly side of Reno. Avenue twenty and five--tenth (20.5) feet to a point; thence South_ 49 degrees 30 minutes West through Lot No. 37 on the hereinafter mentioned Plan of Lots, one hundred forty (140) feet to a point on the easterly-side of an alley; thence North 40 degrees 30 minutes West along said. alley, twenty and five-tenth (20.5) feet to a point; thence North 49 degrees 30 minutes East through Lot No. 38 and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (140) feet to a point, the Place of BEGINNING. BEING the Southern 4 feet of Lot No. 38 and the Northern 16.5 feet of Lot No. 37, Block "B: on Plan of George W. Buttorff's Addition to New Cumberland, recorded in Deed Book "N", Volume 5, Page 498, Cumberland County Records. HAVING thereon erected a 3 story frame dwelling known and_numbered as 224 Reno Avenue, New Cumberland, PA. BEING the same premises which HAROLD A. RASMUSSEN and LOIS J. RASMUSSEN, husband and wife, granted and conveyed unto JANET K. RASMUSSEN, a single woman, mortgagor herein, by deed intending to be recorded simultaneously herewith. which has the address of ...2 2 4,,,Reno,,,~v„~nue,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ~Ie.W... GL1IRb~~~,s'~Tld......................, --,.., .. _.. _. _ ......... ........^.. ~,.~ _, .. ,..... ~. (Street] (Cih/~ VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Donald J. Plunkett Assistant Executive Director for Single Family Programs ~r~s'~vPr~ xzs~ Est, ~~ ~vr ~ ~ u~uov r~Tta~, ~~ac As s. ~as~ ~ ~n-~ ~rrb~vPrnA t-n~sm~ ~ Date: J~.Y z, zoos N SHERIFF'S RETURN - NOT FOUND ,. r'AS'E~NO: 2001-04158 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS RASMUSSEN JANET K R. Thomas K1 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RASMUSSEN JANET K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT RASMUSSEN JANET K ADDRESS IS LOCATED IN YORK COUNTY. CALLED TWICE FOR ADDITIONAL FUNDS. Sheriff's Costs: Docketing 18.00 Service .00 Not Found 5.00 Surcharge 10.00 nn J J . V V So/answer /``~ R, homas ine Sheriff of Cumberland County PURCELL KRUG & HALLER 07/30/2001 Sworn and subscribed to before me this ~ ~ day of ~bv/ A . D . A ~ ~ .c.Q~ Pro h notary ~ T ~,. ~~- . CASE 1~I0: 2001-04158 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS RASMUSSEN JANET K ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TENANT the DEFENDANT at 1030:00 HOURS, on the 12th day of July 2001 at 224 RENO AVE NEW CUMBERLAND, PA 17070 LEONA JUDY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.05 Affidavit .00 Surcharge 10.00 .00 27.05 Sworn and Subscribed to before me this ~ day of ~bo A.D. thonotary So Answers: R. Thomas Kline 07/30/2001 PURCELL KRUG & HALLER By ~ ~,~~~6~--~/ ~~~~ j ty Sh f • FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. JANET K. RASMUSSEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA p7- V f58' CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE THIS 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 been sued in court. h`you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COTJTE PU$DE, SBQ NOTIFICARIO, DECIDD3 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 A$OGADO IMMEDL4TEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COiJNTY LAWYER REFJRRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 rn Testim®ny wnersaf, I hers ungc- s~ rrsg hana and the 5eai of saBA ~e~ -~sri9sfe, i'a. Ih L ~ Y ~1~_ ru ^~_ o ~. ~~ FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. JANET K. RASMUSSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the 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 attomey will assume that said debt is vatid. 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, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff :,~ ~~. ,_,. FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. JANET K. RASMUSSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ~ ~ -^ y~~ ~ Cu=e T~.~- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with a n address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, JANET K. RASMUSSEN, is an adult individual, whose last known address is 113 OLD YORK ROAD, TRAILER 3, NEW CUMBERLAND, PENNSYLVANIA 17070. 3. On or about, May 04, 1990, the said Defendant executed and delivered a Promissory Note ("Note") in favor of CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION "Original Mortgagee") in the principal amount of $54,000.00, the proceeds of which were used to purchase a residential property located at 224 RENO AVENUE, NEW CUMBERLAND, PENNSYLVANIA 17070. A copy of the Note is attached hereto and mazked 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, Defendant 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 977, Page 118 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to CORESTATES BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 380, Page 719. The Mortgage was subsequently assigned to MELLON BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 535, Page 324. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Book 617, Page 33. The Mortgage was subsequently assigned to ___ _ ~~~~, FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 224 RENO AVENUE, NEW CUMBERLAND, PENNSLVANIA 17070 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on December Ol, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $10.34 per day From 11/01/2000 To 08/01/2001 (based on contract rate of 7.950%) Accumulated Late Chazges Late Charges $19.72 From 12/01/2000 to 08/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $46,836.02 $2,822.82 $118.32 $177.47 $550.24 $2,341.80 $52,846.67 **Together with interest at the'per diem rate noted above after August O1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above aze in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her 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 Defendant has either failed to meet the time limitations as set forth therein or has 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 7.950% ($10.34 per diem), together with other charges and costs including escrow advances incidental thereto to the date crfy4tieriffls Sale and for foreclosure and sale of the properly within described. By: PURCELL,`KItUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Hamsburg, PA 17102 (717-234-4178) --- - - -- ;~' . ~- ;,~ ~' 160000927 5~asa NOTE ', ~'. ......... Ma.X...4 ....................................:.. 19.90.... .....Cam.P... Hill............., _Pennsylvania .. Irtrl ....... (state] 229 Reno Avenue, New Cumberland, PA 17070 ............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IPreerrb Atltlress] 1. BORROWER'S PROMISE TO PAY In re[um for a loan that I have received, I promise to pay U.S. S...SA..Q.Qp...A.A ............... (this emouat is called " rincipal"), lus interest, to [fie order of the Lrndu. The Lender ia .................................:................................................... CENTRAL PENNSYLVANIA SAVINGS ASSOCIATION [understand .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that the Lendu may transfer this Note. The Lender or anyone who [ekes this Note by trensfu and who is entitled to receive paymrntsunder this Note is calledthe "Note Holder." 2. INTEREST Interest will be0c~arged on unpaid principal until the full amount of principal bas been paid. i will pay interest at a yearly rate of.,......4 .:...............%. The interest mte required by this Section 2 is the rate I will pay both 6eforc and after any ddault described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place ofPeyments f will pay principal and interest by making payments every month. I will make my monthly payments an the...._lst,. day of each month beginning on.....t?N,).Y ........................... ....., )g_9 0,,,• I will make these payments every month until I have paid all mthe principal end interest and any otfiu charges described blow that I may owe undo this'Nate. My montfily payments will fie applied to interest before principal. If, on „June„ .1 ............... 2 020„~ i still owe amounts under this Note, I will pay those amounts in full on that date, which is celled the "maturity date." ]will make my monthly payments et .....~ 00 W®ct,lndepe0elppga.Str.RRf..-.51.tamttkln..RxARtsylvAala..17.d7A....... ••••••••••••~•~ ................................................................. or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment wi116e in the amount of U.S. 5......994,•; 35,,,,„••,.......,.,•„•• 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of. principal at any time bdore they ere 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 em doing so.. I may make a full prepayment or partial prepayments without paying any prepaymrnt charge. The Note Holder, will use all of my prepaymrnts m reduce the amount of principal that I owe under this Note. If I make a partial prepayment, [hue will he no changes in the due date mr in the amount of my monthly payment unless [he 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, h finally interpreted so [bat the intuest or other loan charges collected m to he collected in conneodon with this loan exceed the permitted limits, then: (i) any suck loan charge shall be reduced by the amount necessary m reduce the charge to the permitted Iimii; and (ii) any sums already wllected from me which exceeded permitted limits will be refunded to ma The Nme Holdu may choose to make this refund by redudng the principal I owe under this Nme or by making a direct payment to me. If a refund rcAucu principal, the redumion will be trwted as a partial prepaymrn4 6. BORROWERS FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Paymemc If the Note Holdu has not received the full amount of any monthly paymrntby the end of ....... 15,,,.„.„.„ calrndaz days afterthe date it is due, i will pay a late charge m the Note Holdu. The amount of the charge will be 6„ 00,,,,E of my overdue payment of princlpal end interest I will pay this late charge promptly butonly once on each late payment. (B) Default Ill do not pay the full amountofeach monthly payment on [fie date it isduq I will be in ddault. (C) Notice of Default If I am in default, the Note Holdu may send me a writtrn notice Wang me that if I do nm pay the overdue amount by a certain date, the NdteHofilermay require me to pay immediately the full amomt of principal which has nm been paid and all the interest [bet I owe on that amount. That date must be at ieasl R1 days aRer the date on which the notice is delivered or meiledmma (D) No Waivu By Nate Holdu Even d, at a time whm I sm in ddam6 the Note Holder does nm requirc me to pay immediately in full as described above, the Note Holduwilt still have the rigfitm doso if I am in default at a latertime. (E) Payment o(Note Holder's Cods and Expenses If the Nme Holder has required me to pay immediately in full ss descdbed above, the Note Holdu will have the right m be paid hackby me fm all of its costs and expenses in enforcing this Note m the extent not prohibited by appliceble law. Those expenses include, for example, reasonable attomeya fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any nmice 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 a[ the Property Address above or at a differrnt address if I give the Note Holder a notice mmy different address. Any nmice that mmt be givrn to the Nme Holder under this Notewill be given by mailing it by first class mail m the Note Holdu at the address anted in Section 3(A~~)'alb~owe or aj a diRerrnt address if [ am given a notice of that different address. ~ { (`)~h~~~ +.. /}il, g. 6BLLGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Not<, each person is fully and personally obligated to keep all of the promises - made in this Note, including the promise [o pay the Full amount owed. Any peram who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any peson who takes aver thex obligation, including the obligedons of a guaatntor, surety or endorsor of this Note, is also obligated la keep all of the prom~rrmde in this Note. The Note Holder may enforce its tights under Ihia Note against each person individually or against eB d'n mgethv. This means that any - one of us maybe required to pay all of the amounts owed under this Note. 9. WAIVERS [and any other person who has obligafions under this Note waive the rights of ptesrntmrnt end notice of dishonor. 'Presrntmrnt" means the right to require the Note Holder to demand payment of amomts due. "Notice ofdishonor" means the right to require the Note Holder to give notice to otherpersons that amomtts dtrc have not been paid. 1fl. UNLFORM SECURED NOTE ~ , This Note is a uniform instromrnt with limited variations in somejurisdicfion, In addition to the proteorions givrn to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the °Security Instrument"), dated the - ~ - same date es this Note, proems the Note Holder from possible losses which might mutt if I do nor keep the promises which L make in this Nota Thet Severity Instrument demribes how and under whit Cwditions 1 may be required to make immediate payment in full of ell amounts I owe under this Note. Some of those cveditioreare described as follows: Transfer of the Property or a Beneficial Interest in Bortowor. If aB n say part of the Property or . any interest in it is sold ar tonsferted (or if a beneficial lateral in Borrower is sold or trensferted and Bortoworis not a natural persmt) without Lrndor's prior written ronseoR Lenderroay, at its option, require ~~ immediate payment in full ofeR sumasrnured by this Security inatromem. However, this option sbali not be - - exercised by Lender ifexerciae isprohbited by federal law as ofthe dau ofthieSecurity ltutrtuornL If Lender exercises this option, Lender sha8 give Bortower notice of atxderation, The notice shell provide a period of not less than 30 days from the time the notice is delivered or mailed within which Borrower must pay all some secured'~by this Security Instromrnt If Borrowerfails topey these sums prior to the expiration of thin period, Lrndm may invoke any remedies permitted bg this Security instroment ' withouffurd,or noticeordemand ad Borrower. WITNESS THE HANOta]AND SIipt.(S)OFTNEUNDERSIONED/ /~ ~~ ~ .....~t7-.~:...~.G....y..n.../.....-„~„ :..............................................(Seal) Janet R. Rasm eaen, s/w .eormwe. ' ...............................................................................................................(Seal) ~BSrroxer :.. ...........................................................__................................................(Seal) .Bormwer, fSrgn Origins! On/yJ I/WEHEREBY AC'^_~GV,1kDGB RECEIPT OFA COPT OF T.~r;; biu` T,AGE AND NOTE OR BOND - - AND WARRANT WFECH 1/1VE EXECUTED IN ORDI'sR TO CLOSE THIS TRANSACTION. Pay, without recourse, to Philadelphia National Bank as Trustee under a Trust Indenture between said Trustee and Pennsylvania Housing Finance Agency dated as of April 1, 1982. /~^~f" ~ Nov 15, 1990 Authorized Officer PayWithOU eeoursetotheordergfate MELLON BANK, N.A. AS TRUSTEE under an Indenture of Trusi with - the Rennsglvania Housing ... .Finance Agency dated as of Apr I 1.9A82 .._ 1MlUAM J. REARDON ,.yr VICEPRESIDENT;~' CareStatas• nk, N.A. f . ~ , . ...,: ~.. r .. ~., '. ,, ~ . ALL that certain tract or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly 'i bounded and described according to a survey of D. P. Raffensperger, ', Registered Surveyor, dated August 8, 1958, as follows: II BEGINNING' at a point on the westerly side of Reno Avenue at the distance of twenty and five-tenth (20.5) feet Southwardly from .t he •~Southwest corner of the intersection of Reno Avenue and Taylor Avenue; thence Southwardly along the westerly side of Reno Avenue twenty and five-tenth (20.5) feet to a point; thence South 49 degrees 30 minutes West through Lot No. 37 on the hereinafter mentioned Plan 'I of Lots, one hundred forty (140} feet to a point on the easterly side of an alley; thence North_40 degrees 30 minutes West along said. alley, twenty and five-tenth (20.5) feet to a point; thence North 49 degrees 30 minutes East through Lot No. 38 and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (140) feet to a point, i the Place of BEGINNING. BEING the Southern 4 feet of Lot No. 38 and the Northern 16.5 feet of Lot No. 37, Block "B: on Plan of George W. Buttorff's Addition to New Cumberland, recorded in Deed Book "N", Volume 5, Page 498, Cumberland County Records. ' RAVING thereon erected a 3 story frame dwelling known and numbered as 224 Reno Avenue, New Cumberland. PA. BEING the same premises which HAROLD A. RASMUSSEN and LOIS J. RASMUSSEN, husband and wife, granted and conveyed unto JANET K. RASMUSSEN, a single woman, mortgagor herein, by deed intending to be recorded simultaneously herewith. which has the address of ...224.:.Reno...A~.'.~,1?.l?~ .............................................:.~[~.W...C1dIRb~~~.1rid......................, ~i ..,,.._. __,. ...,...._..... .[Street] . . ...._.._... .. ..,.... (Cibl _._... ' sl ~,} ~~~I~~~ VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ Donald J. Plunkett Assistant Executive Director for Single Family Programs ~rr~s~vnr~ ~ ~, ~vr ~ ~ u~nv ~Tta~. ~xc ~ s. ~as~ ~ ~ ~ss~~ fztsn~c r~rrE ~tst Date: ~y Z- zoos n ~~% <~S ~~WLr~ ,,. E~~, i'~' ~~ ~ 9 d~tL~G6F. ,;. t w~ ~';r93~S A ~' FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. JANET K. RASMUSSEN Defendant ~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 01-4158 PRAECIPE TO REINSTATE TO 'THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: August 29, 2001 PURCELL, KRUG, & HALLER B Leon P. aller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 +A. P'- _ l:f~ . _A. ~~ ~ ,.~ ~ ~_ . `~ r. ~_~_: _ ~:.e-l .: '~ cr' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-04158 P ~OMM^,NWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS RASMUSSEN JANET K R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: RASMUSSEN JANET K but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 25th 2001 this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 ''~~~~~~ Surcharge 10.00 R."1°homas Kline Dep York Co 33.80 Sheriff of Cumberland County .00 70.80 09/25/2001 PURCELL KRUG & HALLER Sworn and subscribed to before me this aL'7~ day of ,~,_, 2tsB/ A.D. ~_ o Prothonotary' ' COUNTY OF YORK OFFICE OF THE SHERIFF S(R )177E19601~ 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE IIVSTRlICT10NS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU Z2 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S! - - }:3Qff{7C FIRST UNION NATIONAL BANK... 3. DEFENDANLS/ __ JANET K. RASMUSSI3V - N $~E 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. _ _ JANET K. RASI`1CTSSEN- - S. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 113 OLD YORK ROAD, TRAILOR #3, NEW CUMBERLAND, PA 17070 7. INDICATE SERVICE: ~tPERSONAL ~ERSON IN CHARGE EPUTIZE _ ~.1~~~ O 1ST CLASS MAIL O POSTED ~ OTHER NOW August 31 , 20 ~ I,_SHERIFF_OFK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th~ f ake return ty1~y~, according to law. This deputization being made at the request and risk of the plaintiff. ~ -» f //. ., SHERIFF OFQ7 K'GO VS~~ _ e. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cun~6E'r 7IS t711T OF COUNTY CU~I6ERLAND - ADVANCED FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, wthout liability on the part of such tlepury or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. _ 9. TYPE NAME antl ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 70. TELEPHONE NUMBER 17. DATE FILED LEON P. HALLER _ 234-4178 p r '1 '1'I r1 Ti L~0(11r1T CTl']L+CT VTS]DTCT]i TTY TIT 'I '/l h'J U-3O-D1 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed iF notice is to be mailed). _ ATTN: KAREN MARTIN Cumberland CO. Sheriff [ 3. I acknowledge receipt of the writ _ 14. DATE RECEIVED 15. Expi2fioNHearing Date a complaint as indicted above. _ r R. AHRENS 9-10-01 9-29-01 76. HOW SERVED: PERSONAL} RESIDENCE (~j POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 77. D I hereby certify and return a NOT FOUND because l am unable to locale me indivitlual, company, etc. named above. (See remarks below.} 73~N~ AME AND~ITLE OF INDIV UAL SERVED /LIST ADDRESS HERE IF NOT SH01NN ABOVE (Relationship to Defendant) - 79. a/f~ of SJ=~~~e 20. Time of Service 21. A Time ~ 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 75.00- 18.00 13.8 31.80 34. Foreign County Costs 35. Atlvance Costs 36. Service Costs 37. Notary Cert. 36. 41. AFFIRMED and subscribed to before me this 20TH 42. tlaY Of SEPTEt'~v~ ,20 143. _ ,PROT, NO AR` of Foreign -- Miles I Int Pountl 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs 2.00 33.80 4 1. WHITE-Issuing Authority 2. PINK-Attorney 3. CANARY-Sheriffs Office 4. GLUE-Sheriffs Once 39. Total Gosts ~ 40. Costs Due or Refund 45. DA~y / Q 47. DAT//E 20/01 49. DATE St. DATE RECEIVED ,.t ~ xa ~" - - COUN3Y3 _OF-~fORK - ~ OFFICE OF~THE SHERIFF ~ s~R;I; ; 96 ;L ~~ ~ 28 FAST MARKET ST., YORK, PA 17401 ~'` - SHERIFF SERVICE ~ INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES ?9. PLNNTIFF/SL - _ - ,__- - 2. CO URT N41323 -~~ -'_~II'~~` ~I~ NATIONAL BANK... 4.-TIFF OF WRIT OR COMPLAINT 3. DEFENDANTYS! - JANET R. i?AS.~1{3SS21V _. -- _ ~ MORTGAGE FORECTASURE ~„ - ---_ ' - 5. NAME OF INDIVIDUAL, COMPANY CORPORAYION, ETC TO SERVE OR DESCRIPYION OF PROPERTY YO BE LEVIED, ATTACHE4 O~R SOLD. ~ ~ "- §ERVE _. _ _.. _ _._ . •~ JANET K -BA,o,R~lUSSEDS .. -. - -_. ... _ ._ ._, . _ _ , „.,. _ _ 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CfrY, BORO, TWP., STATE AND ZIP CODE) qT 113 OLD YORK ROAD, TR1~I7AR ~3, Nl;'4V Ct)NIBERLAND, PA .17470 _ - -- - - - 7. INDICATE SE~2VICE: ~~_ ERSONAL - PERSON IN CHARGE EPUTIZE ^¢E~T,p d{-jf~lL1a~07ST CLASS MAIL OPOSTED OOTHER. NOW AtPcust 31 , 20_ I, SHERIFF OF l COUNTY, PA, do hereby deputiie the sheriff of "~k. ~ ~ GO.UNTY to execute thl i a ake return according to law. This deputization being made at the request and risk of the plalnttff --~--~' ~ ~e ~. ~- ~K - _ - ~ ~ ~S iE.~IFF OE.- NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMP. ION THAT LVILL ASSIST IN EXPEOITIHG SERVEC~~ ~ -- - ~~ ~ - I'1<3T1C1 ^' QUT OF COUNTY CUMBERLlIND a -- ARVANCED FEE PAID 8V ATTY. _ __ NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon a attaching any property under within wnt may leave same wimoui a watchman, iri c'u'stody of whomever is found In possession, after notilYing person of levy a attachment, vnthout IiabiliTj on the part of such deputy or the sheriff to any plaintiff -s herein for any loss, destruction, ar removal of any property before shedRs sale thereof. _ -` 9: TYPE NAtvl~,antl ADDRESS of ATTORNEY /ORIGINATOR antl SIGNATU_ RE - _ - - - -- _ 70. TELEPHONE NUMBER t T. DATE FILED - .: L1~I P, HATT.FR .r". J~ ~. 234-417$ - $-3O-OI 4' . ' ' 1719 ~ FTOiv'T S7'R~"~T ~ HAI2RISI~1Fc0 PA 739 ~ - - - _. ^_ 72. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This afea must Ue'compietetl rfnohce rs to be malted) ~ - ATIN IS~iREI`I MARTiN .Cumberland Ho. Sheriff ~ _ _ ?.;.'~ ~ _ z:~PA BELOW _ OR SSE QF THE S~~F - DO NOT V1iR~TE BELO-~ THISZ~1~__ . .._ _ - 93. I acknowledge receipt of the writ ~ 74. DATE RECEIVED 75. ExpiralionlHearin9 Date . orcomplain~sindicatedabove. r, R, AHRENS 9-10-O1 4-`L9-Qi 76. HOW SERVED: PERSONAL (~ RESIDENCE (~ POSTED ( ) - POE,(_) SHERIFF'S OFFICE (.) OTHER ( -) - SEE REMARKS BELOW _ ' 77. ^ Lhereby ceNty and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below) 18. NAME ANb_ TLE OF INDIVIDUAL SERVED! LIST ADDRESS HERE IF NOT SNOWYABOVE elationship to Defendant) 79. Date o~JTService 20. Time of Service ~ .~' ,ten-,. ~~- ii, . l~.r ~ ' 27. ATTEMPT ~ a(e Time Ivtiles -Int. Date Time Miles Int. Date Time' Miles Int Date Time Miles Int Date Time Miles Int. Date Time Miles Int 7iJ. ,..-P yJ ! a""a22 REMARKS: ~ - - - .. ... :~.i' cs r -- .tea t t. _ ,. -. .. .. .. .- !' ..< .. - , .23. Advance Casts 24, Service Costs 25. N!F 26. Mileage 27. Postage 28. Sub Total 29. Pountl 30. Notary 37. Surchg. 32! Tot. Costs 33. Costs Due a Refuntl Check No; :~ 75.OQ_ 18.00 13.8 31.80 L.00 r ~1~ ; 7-' X34. Foreign County Costs 35. Advance Costs 36. Service Costs 3'~ Notary Cert. 38. Mileage/Posiage/NOt Found 39. Total Costs 40. Coss Due or Refuntl p~ 4;I. AFFIRMED and subscnbed to before me fhl ~ "~ 20TH ~ - $O ANS}tIERS - _ - ~ 44. Signature of ry N ~ /~~ ~' 45. OATEff; ~~ 42. tlaY of 20 ~J43 - Dep. SherAf .' ,~.T~ -C,E...- ~ _ _ - - •... ' ~ PROT 46. Signature of Yor ~--; - ~_ - 47. DATE _ ? - ~~~ .i. Y~, County Shenff ,>h/._-/ f..,.C <-'-t" .~=~'7i•-- f' . - V7IT'T'T-I~I r cr; ^z, «. ,rr .~', l/ix<".d :.G- /10/01 - 48. Signature of Foreign 49. DATE t-'tom ~ ~.,' ,~ l County Shen'K _ .-_ -- SaJACKNO - -CGE RECEIPT OF THE'$HERIFF RE R_N SI A_TU_ R_E_ ~ _ ~- 57. DATE RECEIVED _ -, '~ _. AUTHs _`D_(55UING AUTHORITI'ANO TITL ~ ~ - _ -` t. WHITE -Issuing Auihor~ty 2. PINK-Anomey 3. CANARY - Shenffs Office '4 BLUSE~-'$henMS ORCe ~- ~ ~ FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JANET K. RASMUSSEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 4158 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUN'T'Y: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants JANET K. RASMUSSEN 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 $46,836.02 Interest $ 2,822.82 (Per diem of $10.34 from 11/1/00 to 8/1/01) Accumulated late charges $ 118.32 Late charges $ 177.47 ($19.72 per month to 8/01) Escrow Deficit $ 550.24 So Attorney's Commission S 2,341.80 TOTAL $52,846.67** ** 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 & HALLE By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K \M KF\DOCS\CUMBERLA\RAS.P Y9¢;,h'-;m13~~i. MF~3 J'4k~~g1'V 4.t sa_ac s~€h ~~. vY~,~ _ ~ - ~ 7 ~1~ .~ r FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. JANET K. RASMUSSEN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 4158 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on OCTOBER 10, 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. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 __... __. ~Wa.~ ..._.._.~ ... ... .. ._. ._. axe::. yr ~. ~' FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4158 JANET K. RASMUSSEN Defendant DATE OF THIS NOTICE: October 10, 2001 TO: JANET K. RASMUSSEN 113 OLD YORK ROAD, TRAILER 3 NEW CiJNIBERLAND, PA 17070 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIItM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAIlVED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL,KRUG & $y // !~__ LEON P. HALLER, Attorney for Plainfiff I.D. # 15700 1719 N. Front St, Harrisburg, PA 17102 (717)234-4178 .. r 4 FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. CIVIL ACTION - LAW Jr'1NET K. RASMUSSEN, NO. 2001 4158 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on ~~ ~'~( the following judgment has been entered against you in the above- captioned matter: $52,846.67 and for the sale and foreclosure of your property located at: 224 RENO AVENUE, NEW CUMBERLAND, PA 17070 Dated: ~ ~-_ ~~`_~ ( ~~-~ PROTHONOTARY Attornev 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: Janet K. Rasmussen 113 Old York Road Trailer #3 New Cumberland, PA 17070 K \MKFlDOGS\CUM6EFLA\RAS.N ~ ~ M ~ N rr~ ? ~G'1 ~1y ~ ~ ~ ~~,'-~ a rte' ~ ~ ~. ~ ~ ~~ ~ -c ~> c. r. ~ : t ; , f :y` 1 :a r ti,> t~ ._ << '. - - - - - - ah 4,..,,. X ~' ;HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ~i CIVIL DIVISION - LAW AT NO. 2001 4158 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS TOTAL AMOUNT / OF JUDGMENT $52,846.67 ~/ Interest at $10.34 per diem to sale date $ 2,243.78 Late charges at $19.72 per month to sale date $ 118.32 Escrow Deficit $ 2,000.00 TOTAL $57,208.77* JANET K. RASMUSSEN, DEFENDANT(S) *SALE DATE: WEDS.,MARCH 6, 2002 (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: Issue Writ of Execution in the above caption case. Date: December 10, 2001 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (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 the attached description known as 224 RENO AVENUE, NEW CUMBERLAND, PENNSYLVANIA 17070. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:\MKF\DOCS\CU MBERL4\RAS. W i u°' `~:, II ~~ ~ M n ~. ~ ALL that certain tract or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger, Registered Surveyor, dated August 8, 1958, as follows: BEGINNING at a point on the westerly side of Reno Avenue at the distance of twenty and five-tenth (20.5) feet Southwardly from the Southwest corner of the intersection of Reno Avenue and Taylor Avenue; thence Southwardly along the westerly side of Reno Avenue twenty and five-tenth (20.5) feet to a point; thence South 49 degrees 30 minutes West through Lot No. 37 on the hereinafter mentioned Plan of Lots, one hundred forty (190) feet to a point on the easterly side of an alley; thence North 40 degrees 30 minutes West along said alley, twenty and five-tenth (20.5) feet to a point; thence North 49 degrees 30 minutes East through Lot No. 38 and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (190) feet to a point, the Place of BEGINNING. BEING the Southern 4 feet of Lot No. 38 and the Northern 1.6.5 feet of Lot No. 37, Block "B" on Plan of George W. Buttorff's Addition to New Cumberland, recorded in Deed Book "N", Volume 5, Page 498, Cumberland County Records. HAVING thereon erected a 3 story frame dwelling known and numbered as 224 Reno Avenue, New Cumberland, PA. BEING THE SAME PREMISES WHICH Harold A. Rasmussen and Lois J. Rasmussen by deed dated 5/9/90 and recorded 5/16/90 in Deed Book 034, Page 452 granted and conveyed unto Janet K. Rasmussen. TO BE SOLD AS THE PROPERTY OF JANET K. RASMUSSEN ON JUDGMENT NO. 2001 4158. ASSESSMENT: 25-25-0006-241 --~~~~~, ~ ~,~ ~, .~._ ~..._,- ~ ~ .~~ ~b a~: drys (]~J' ~ < ~~ ~~ ~~` `, `~ <<_ ice: C ~~~ 4N~. r FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS AS TRUSTF;E FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. CIVIL ACTION - LAW JANET K. RASMUSSEN, NO. 2001 4158 DEFENDANT 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 224 RENO AVENUE, NEW CUMBERLAND, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): Janet K. Rasmussen 113 Old Xork Road Trailer #3 New Cumberland, PA 17070 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of. record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Judy Leona 224 Reno Avenue New Cumberland, PA 17070 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 to nsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 10, 2001 t. c.:: -- ri;;. -.~~ cc : t. ~_=C -m: - c e <,; C L _ . ~-. ^ ~ `' . =j 1) J .il i ~ ~M1 FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. CIVIL ACTION - LAW JANET K. RASMUSSEN, NO. 2001 4158 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, MARCH 6, 2002 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: 224 RENO AVENUE NEW CUMBERLAND 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. 2001 4158 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JANET K. RASMUSSEN ~ . 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 f_or a grossly inadequate price or .for other proper cause. This r petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the-Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain tract or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger, Registered Surveyor, dated August 8, 1958, as follows: BEGINNING at a point on the westerly side of Reno Rvenue at the distance of twenty and five-tenth (20.5) feet Southwardly fzom the Southwest corner of the intersection of Reno Avenue and Taylor Avenue; thence Southwardly,along the westerly side of Reno Avenue twenty and five-tenth (20.5) feet to a point; thence South 49 degrees 30 minutes West through Lot No. 37 on the hereinafter mentioned Plan of Lots, one hundred forty (14D) feet to a point on the easterly side of an alley; -:,;•,~ -thence North 40 degrees 30 minutes West along said alley, twenty and five-tehth (20.5) feet to a point; thence North 49 degrees 30 minutes East through Lot No. 38 and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (140) feet to a point, the Place of BEGINNING. BEING the Southern 4 feet of Lot No. 38 and the Northern 16.5 feet of Lot No. 37, Block "B°° on Plan of George W. Buttorff's Addition to New Cumberland, recorded in Deed Book "N", Volume 5, Page 498, Cumberland County Records. HAVING thereon erected a 3 story frame dwelling known and numbered as 224 Reno Avenue, New Cumberland, PA. BEING THE SAME PREMISES WHICH Harold A. Rasmussen and Lois J. P~asmussen by died dated 5/9/90 and recorded 5/16/90 in Deed Book 034, Page 452 granted and conveyed unto Janet K. Rasmussen. PO BE SOLD AS THE PROPERTY OF JANET K. RASMUSSEN ON JUDGMENT NO. 2001 4158. ASSESSMENT: 25-25-0006-241 r~ , -_ c - - z. t ~' i, __ ' ~ .. ~ . __ v; ~~~ <~_ -- ~ < -, ..uzrsuiu. ..... _ ._.._.. ..~.: 1 .4 .,.... I W FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. CIVIL ACTION - LAW JANET K. RASMUSSEN, N0. 2001 4158 DEFENDANT IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~-~fJ -©~ 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: Janet K. Rasmussen 113 Old York Road Trailer #3 New Cumberland, PA 17070 Judy Leona 224 Reno Avenue New Cumberland, PA 17070 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 . •~ .~-- JOHN W. PURCELL HOWARD B. ICRUG LEON P. ]-IALLBR JOHN W. PURCELL ,IR. BRIAN .i. TYLHR JILL M. WINEKA Q1I) 533-3636 NOTICE TO: Janet K. Rasmussen 113 Old York Road Trailer #3 New Cumberland, PA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 17070 Judy Leona 224 Reno Avenue New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HEf15HEY 1099 60VERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that yo have an opportunity to protect your interest, if any, by i g notified of said Sheriff's Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff r R FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JANET K. RASMUSSEN, NO. 2001 4158 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, MARCH 6, 2002 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: 224 RENO AVENUE NEW CUMBERLAND 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. 2001 4158 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JANET K. RASMUSSEN •t ,.. 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 .~a :m -~ ALL that certain tract or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger, Registered Surveyor, dated August 8, 1958, as follows: BEGINNING at a point on the westerly side of Reno Avenue at the distance of twenty and five-tenth (20.5) feet Southwardly from the Southwest corner of the intersection of Reno Avenue and Taylor Avenue; thence Southwardly along the westerly side of Reno Avenue twenty and five-tenth (20.5) feet to a point; thence South 49 degrees 30 minutes West through Lot No. 37 on the hereinafter mentioned Plan of Lots, one hundred forty (140) feet to a point on the easterly side of an alley; thence North 40 degrees 30 minutes West along said alley, twenty and five-tenth (20.5) feet to a point; thence North 44 degrees 30 minutes East through Lot No. 38 and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (140) feet to a point, the Place of BEGINNING, BEING the Southern 9 feet of Lot No. 38 and the Northern 16.5 feet of Lot No. 37, Block "B" on Plan of George W. Buttorff's Addition to New Cumberland, recorded in Deed Book "N", Volume 5, Page 498, Cumberland County Records, HAVING thereon erected a 3 story frame dwelling known and numbered as 224 Reno Avenue, New Cumberland, PA. BEING THE SAME PREMISES WHICH Harold A. Rasmussen and Lois J. Rasmussen by deed dated 5/9/90 and recorded 5/16/90 in Deed Book 034. Paae 452 granted and conveved unto Janet K. Rasmussen. TO BE SOLD AS THE PROPERTY OF JANET K. RASMUSSEN ON JUDGMENT NO. 2001 4158. ASSESSMENT: 25-25-0006-241 e: PHFA v. Rasmussen Cumberland 3/6/02 U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Janet K. Rasmussen 113 Old York Road Trailer #3 New Cumberland, PA 17070 Postmark: 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: Judy Leona 224 Reno Avenue New Cumberland, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) - t f Received from: ~,^~._ Purcell, Krug & Haller Postage: 1F JAN E-=> 1719 North Front Street `~`~~~ ?~® )ti Harrisburg, PA 17102 r\\\~~,, .,1'SpS ~p!`~ One piece of ordinary mail addressed Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postage: Z ~ ~~_ _ JtdS C'C2 a~I ~•Mf 4,.: ~ '~ ~? _. ~ LF ." _ -_ ~'~ _= ua ~ ~ ~~~ _~ . -_ , 377 ca ~~~ STATE OF PENNSYLVANIA, COUNTY OF CUMBEIBLAND ss. Robert P Ziegler I~---------------------------------------------- _________ RecorderoE Deeds in and Eor said County and State do'hereby certify that the Sheriff's Deed in which _____ First Union National Bank Tr foY Penna Housing Fin Agency the same having been sold to said gsantee on the ---~atch --------------- A. D., ------ --------- Execution ------------------------------------isthe grantee 6th-------------------------------------- day of 02 _____, under and by virtue of a writ______________ 12 issued on the------------------------------------- DeceMber O1 day of __________________________ A. D., ____-~ out of the Court of Comman Pleas of said County as of O1 Civil --^-------------°------------...-------------------------------------------------- Term,: ------ 4158 First Union Natl Bk Tr for Pennsylvania Housing Fin Number--------------, at the suit of-----------------------------------------------Agency-------- Janet K RasMussen ------------°--°----------------- against--------------------°------'---°------------------- u 251 1384 duly recorded inSheriffsDeedBookNo.____________, Page____________. IN TESTIMONY WHEREOF, I h/acv,e hereunto set my hand and seal of said office this __L_!~__~_ day w ~. . €k= - First Union National Bank, as Trustee for In The Court of Common Pleas of Pennsylvania Housing Finance Agency Cumberland County, Pennsylvania VS Writ No. 2001-4158 Civil Term Janet K. Rasmussen R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for one of the within named defendants, to wit: Janet K. Rasmussen, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. YORK COUNTY RETURN: And now, December 18, 2001 at 1:57 o'clock pm served the within Real Estate Writ, Nofice and Description upon the within named defendant, Janet K. Rasmussen, by handing to her personally at her place of residence, 113 Old York Road, Trailer #3, New Cumberland, PA 17070, and making known unto her the contents therein. So Answers: William M. Hose, Sheriff of York County, PA. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2002 at 11:40 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Janet K. Rasmussen located at 224 Reno Ave., New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Janet K. Rasmussen, by regular mail to her last known address of 113 Old York Road, Trailer #3, New Cumberland, PA 17070. This letter was mailed under the date of January 23, 2002 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 according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $35,000.00 to Attorney Leon Haller for First Union National Bank, as Trustee for Pennsylvania Housing Finance Agency. It being the highest bid and best price received for the same, First Union National Bank, as Trustee for Pennsylvania Housing Finance Agency of 2101 North Front Street, Harrisburg, PA 17105, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $1,744.47, it being costs. Sheriff s Costs: Docketing $30.00 Poundage 700.00 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 _ ,~ u~..... _ .~.~..._ __ , _ W. . ~;, Prothonotary 1.00 Mileage 11.05 Certified Mail 1.12 Levy 15.00 Surcharge 20.00 Legal Search 200.00 Out of County 9.00 Law Journal 339.80 Patriot News 270.30 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 27.50 $1,744.47 Sworn and subscribed to before me This ~~ day of 2002, A.D. ,u., (.2 ~7~ePs,. ,"~"~ rothonotary R. Thomas Kline. Sheriff BY 0~ _ Real Estate Deputy h~` 3oh`~~ 3~3°~ 3~ ~ 1~'~y SCHEDULE OF DISTRIBUTION SALE NO. 62 Date Filed: April 5, 2002 Writ No. 2001-4158 Civil Term First Union National Bank, as Trustee for Pennsylvania Housing Finance Agency VS Janet K. Rasmussen 224 Reno Ave. New Cumberland, PA 17070 Sale Date: March 6, 2002 Buyer: First Union National Bank, as Trustee for Pennsylvania Housing Finance Agency Bid Price: $35,000.00 Real Debt $52,846.67 Interest 2,243.78 Writ Costs 202.85 Escrow Deficit 2,000.00 Late Charges 118.32 Total 57,411.62 DISTRIBUTION Amount Collected $1,744.47 Sheriff s Costs 1,544.47 Legal Search 200.00 So Answers: ~~~~ R. Thomas Kline, Sheriff 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 N0.62 Held Wednesday, March 6, 2002 Date: March 6, 2002 TAXES: Receipts for all taxes for the yeazs 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT 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 , 2002, and recorded 2002, in Cumberland County Deed Book ,Page RECITAL: BEING the same premises which Harold A. Rasmussen and Lois J. Rasmussen, his wife, by deed dated May 9,1990 recorded May 16,1990 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "O," Volume 34, Page 452 granted and conveyed to Janet K. Rasmussen, single woman. 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 Reno Avenue and an unnamed public alley. 6. Private rights in partition wall forming a portion of the boundary for the subject premises. 7. Conditions, easements and restrictions shown on or set forth on the Plan of George W. Buttorff's addition to New Cumberland recorded in Deed Book "N," Volume 5, Page 498. Mortgage in the amount of $54,000.00 given by Janet K. Rasmussen to Central _ .. ... .._ _ .. µ~ Pennsylvania Savings Association dated may 4,1990 recorded May 16,1990 in Mortgage Book 977, Page 118. Assigned to Philadelphia National Bank by instrument recorded May 16,1990 in Miscellaneous Record Book 380, Page 719. Further assigned to Pennsylvania Housing Finance Agency by instrument recorded November 22,1996 in Miscellaneous Record Book 535, Page 324. Further assigned to Pennsylvania Housing Finance Agency by instrument recorded June 24,1999 in Miscellaneous Record Book 617, Page 33. Further assigned to First Union National Bank by instrument recorded November 20, 2001 in Miscellaneous Record Book 682, Page 2242. Complaint filed by First Union National Bank as hvstee for Pennsylvania Housing Finance Agency as Plaintiff against Jane K. Rasmussen as Defendant on July 6, 2001 in the office of the Prothonotary of Cumberland County to File No. 2001-4158. Judgment entered December 12, 2001 in the amount of $52,846.67. Real estate taxes turned over the the Cumberland County Tax Claim Bureau. 10. Satisfactory evidence to be produced that proper notice was given to holders of liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after July 1, 2002 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 Bi111412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. U `~~-~~ Robert G. Frey, Agent Note: This Title Report shall not be valid or until countersigned by an authorized signator REAL ESTATE SALE NO. 62 Writ No. 2001-4158 Civll First Union Nattonal Bank as Trustee for Pennsylvania Housing Finance Agency vs. Janet K. Rasmussen Atty.: Leon P. Haller ALL that certain tract or pazcel of land situate in the Borough of New Cumberland, Cumberland ', County. Pennsylvania, more paz- '; ticulazly bounded and described according to a survey of D. P. Raffensperger, Registered Surveyor, dated August 8, 1958, as follows: BEGINNING at a point on the westerly side of Reno Avenue at the distance of twenty and 8ve-tenth (20.5) feet Southwazdly from the Southwest comer of the intersec- tion of Reno Avenue and Taylor Ave- nue: thence Southwazdly along the westerly side of Reno Avenue twenty and flue-tenth (20.5) feet to a point; ~. thence South 49 degrees 30 min- utes West through Lot No. 37 on ~~ the hereinafter mentioned Plan of ~~. Lotr, one hundred forty (140) feet to a point on the easterly side of an alley; thence North 40 degrees 30 minutes West along said alley, twenty and flue-tenth (20.5) feet to a point; thence North 49 degrees 30 minutes East through Lot No. 38 and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (140) feet to a point, the Place of BEGINNING. HEING the Southern 4 feet of Lot No. 38 and the Northern 16.5 feet of Lot No. 37, Block "B" on Plan of George W. Buttorffs Addition to New Cumberland, recorded in Deed Book "N", Volume 5, Page 498, Cum- berland County Records. HAVING thereon erected a 3 story frame dwelling known and numbered as 224 Reno Avenue, New Cumberland, PA. BEING THE SAME PREMISES WHICH Harold A. Rasmussen and Lois J. Rasmussen by deed dated 5/9/90 and recorded 5/16/90 in Deed Book 034, Page 452 granted and conveyed unto Janet K. Ras- mussen. TO BE SOLD AS THE PROP- ERTY OF JANET K. RASMUSSEN ON JUDGMENT NO. 2001 4158. ASSESSMENT: 25-25-0006-241. J I'IRST UNION NATIONAL BANK AS 'PRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JANET K. RASMUSSEN, NO. 2001 4158 DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 'Phe 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 224 RENO.AVENUE, NEW CUMBERLAND, PA 17070: 1. Name and address of the Owner(s) or Reputed Owner(s): Janet K. Rasmussen ll3 Old York Road Trailer #3 New Cumberland, PA 17070 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which A may be affected by the sale: TENANTS IF ANY ... Judy Leona 7,24 Reno Avenue New Cumberland, PA 17070 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 tolunsworn falsification to authorities. ~y _~ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 10, 2001 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW JANET K. RASMUSSEN, NO. 2001 4158 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, MARCH 6, 2002 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: 224 RENO AVENUE NEW CUMBERLAND 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. 2001 4158 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property JANET K. RASMUSSEN A SCHEDULE OF DISTRIBUTION, being a list of the persons andJor 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 ALL that certain tract or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of D. P. Raffensperger, Registered Surveyor, dated August 8, 1958, as follows: .gip BEGINNING at a point on the westerly side of Reno Avenue at the distance of twenty and five-tenth (20.5) feet Southwardly from the Southwest corner of the intersection of Reno Avenue and Taylor Avenue; thence Southwardly along the westerly side of Reno Avenue twenty and five-tenth (20.5) feet to a point; thence South 49 degrees 30 minutes West through Lot No. 37 on the hereinafter mentioned Plan of Lots, one hundred forty (140) feet to a point on the easterly side of an alley; thence North 40 degrees 30 minutes West along said alley, twenty and five-tenth (20.5) feet to a point; thence North 49 degrees 30 minutes East through Lot No. 38-and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (140) feet to a point, the Place of BEGINNING. IIEING the Southern 9 feet of Lot No. 38 and the Northern 16.5 feet of Lot No. 37, Block "B'° on Plan of George W. Buttorff's Addition to New Cumberland, recorded in Deed Book "N", Volume 5, Page 498, Cumbezland County Records. xAVING thereon erected a 3 story frame dwelling known and numbered as 229 Reno Avenue, New Cumberland, PA. BEING THE SAME PREMISES WHICH Harold A. Rasmussen and Lois J. Rasmussen by deed dated 5/9/90 and recorded 5/16/90 in Deed Book 034, Page 452 granted and conveyed unto Janet K. Rasmussen. TO BE SOLD AS THE PROPERTY OF JANET K. RASMUSSEN ON JUDGMENT N0. 2001 4158. ASSESSMENT: 25-25-0006-241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) '° NO. 01-4158 CIVIL 19 __ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due _ First Union National Bank as Trustee for Pennsylvania Housing Finance Agency PLAINTIFF(S) I~~net K. Rasmussen, 113 Old York Road, Trailer #3, New Cumberland PA 17070. ----- DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 224 Reno Avenue, New Cumberland PA 17070. (See attached legal description.) (2) You are also directed to attach the property of the detendant(s) not levied upon in the possession of _. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or far the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directedto notify him/herthat he/she has been addedas a garnishee and is enjoined as above stated. Amount Due $52,846.67 LL $.50 Interest to 3/6/02 ($10.34/diem) $2,243.78 Due Prothy $1.00 Atty's Comm_ % Other Costs Escrow Deficit 52.000.00 AttyPaid _ $202.85 Late Charges to 3/6/02 (519.72/mo) $118.32 Plaintiff Paid pate: _ December 12,_2001 CURTIS R, LONG Prot onc~ ary, Civil Division by Deputy REQUESTING- PARTY: Name Leon P. Haller, Esq. Address: 1719 N Front St Harrisburg PA 17102 Attorney tor. Plaintiff Telephone: (717) 234 4178 Supreme Court ID No. 15700 REAL ESTATE SALE On December 13, 2001, the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, known and numbered as 224 Reno Ave., New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: "l~ ,~~-~ Real Estate Deputy r 2. ~~ Ca Z~ ~~Q ~~~~4,~ ~t`~~~~ ~~~~ ~~~~~N O "~ ~~_~-CIvilTerm~~~- ' -Ffrst flnfon National Bank -.~.;asTrustee for Pennsylvania Housing ~~-F(nence Agency ~~anet K. Rasmussen Atty; Leon P. H~Iler '~SS-RIPf[OY~ Z thatctttaattcaC hr pusel of land situate in , Boiough ofNeu~ Cumbetlaad, Cumberland iupty_Penssylvarua;mbre panidutarly bouMed _ 'BEGINNING at a point on the westerly side bf j Reno Avewe at the distance of twenty and five- Tenth (20.5) feet 8outhwaraly fmm tfieS`oudiwes[ '.,comer of [M intersection of Reno Avenue and 7'ay]or. Avenue; thence Swlhwazdly along -the esterly side of Retlo Avewe twenty and-hve= etTm (20.5) feet ro a point; thenSe'Soulh 49 ce ~ces 30 mivutes West tivough Lot No. 37 an Il'ey`stlience NattFi LO-degrees ~30 along said alley, lwenry and five feet to a point htence Norih 49 inures East through Lot Na. 38 and center line of a paetition wall _ premises herein described and _ . 226 Reno Avenue one hundreA feet to a Raint, We Place of _ ~orusenuazreer m rut tvo. ar, niacrc _n ~ on ~a¢ of George' W. ButtoAf's Addifion to New CWmberiand recarde;' .ro Deed Book "N', _ -Volume 5, Page 448, Cumberland County g.Recolda.. _ HAVING themun eiecied a 3 story -flame' `dwelling known and 5umliem'd ~as 224 Reno _ and Lois 7. Rasmussen by deed d recorded 5116190 in Dced Book grddCed an-d~codveyed-unto Janet . AS THE PRO~PER7Y OF JANET _ EN ON IIIIIG[v1ENiT N0. 2001 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday 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 29th day(s) of January and the 5th and 12th day(s) of February 2002. 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 th9 Recording of Deeds in and for said County of tbap ~ in in M~iscellan~ s'Book "M", Volume 14, Pa e 317. ~ / PUBLICATION COPY SALE#62 ................................ a......,...................................................... day gYFeb~ 2002 A.D, Notarial Seal Tony L. Rummell, N018ry Pubik ~/~//~~ HaMSburg, Daupidn Comay -~4~~~~ My Commlaslon Expires June 6, 20DY NOT~tRY PUBLIC Member, Pennsylvania gssoclation a NaanesMy commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 r Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 268.80 Probating same Notary Fee(s) $ 1.50 Total $ 270.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday 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. ey .................................................................... ,ssTaa~ ants xo. ea Writ No. 2001-4158 Civil First Union National Bank as Trustee for Pennsylvania Housing Finance Agency vs. Janet & Rasmussen Atty.: Leon P. Haller ALL that certain tract or pazcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more paz- ticularly bounded and described according to a survey'of D. P. Raffensperger, Registered Surveyor. dated August 8, 1958, as follows: BEGINNING at a point on the westerly side of Reno Avenue at the distance of twenty and five-tenth (20.5) feet Southwardly from the Southwest corner of the intersec- tion of Reno Avenue and Taylor Ave- nue; thence Southwazdly along the westerly side of Reno Avenue twenty and five-tenth (20.5) feet to a point; thence South 49 degrees 30 min- utes Weat through Lot No. 37 on the hereinafter mentioned Plan of Lots, one hundred forty 1140) feet to a point on the easterly side of an alley; thence North 40 degrees 30 minutes West along said alley. twenty and five-tenth (20.5) feet to a point; thence North 49 degrees 30 minutes East through Lot No. 38 and through the center line of a partition wall between the premises herein described and premises No. 226 Reno Avenue one hundred forty (140) feet to a point, the Place of BEGINNING. BEING the Southern 4 feet of Lot No. 38 and the Northern 16.5 feet of Lot No. 37, Block "B" on Plan of Gcorge W. Duttorfi s Addition to New Cumberland. recorded in Deed Book "N", Volume 5, Page 498, Cum- berland County Records. HAVING thereon erected a 3 story frame dwelling known and numbered as 224 Reno Avenue. New Cumberland, PA BEING THE SAME PREMISES WHICH Harold h Rasmussen and Lois J. Rasmussen by deed dated 5/9/90 and recorded 5/16/90 in Deed Book 034, Page 452 granted and conveyed unto Janet K. Ras- mussen. 1'O BE SOLD AS THE PROP- ERTY OF JANET K. RASMUSSEN ON JUDGMENT NO. 2001 4158. ASSESSMENT: 25-25-0006-241. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, Esquire, Editor of the 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 regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 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. ---` ~_ oger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 SERI. LOiS E. SP9Y~x, ~ Carlisle Boeo, ~ Mand- 5, ~7