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HomeMy WebLinkAbout01-04216COLUMBIA NATIONAL, INCORPORATED Plaintiff vs. ROBERTA M. KLEIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE TffiS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL $E USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. L` 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 nonce are served, by entering a written appeazance 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. 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 t"ONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTEb NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COU"PE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIItA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 .-..~. COLUMBIA NATIONAL, INCORPORATED, Plaintiff vs. ROBERTA M. KLEIN, befendant 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 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 ~~ _ COLUMBIA NATIONAL, INCORPORATED, Plaintiff vs. ROBERTA M. I{LEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a Corporation, with an address of 7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, ROBERTA M. KLEIN, is an adult individual, whose last known address is 4830 BRIAN ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, Apri109, 1999, the said Defendant executed and delivered a Mortgage Note in the sum of $92,800.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A" 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, 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 1533, Page 250 conveying to original Mortgagee the subject premises. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 4830 BRIAN ROAD, MECHANICSBURG, PENNSYLVANIA 17055 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 March Ol, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $17.47 per day From 02/01/2001 To 08/01/2001 (based on contract rate of 7.000%) Accumulated Late Charges Late Charges $30.22 From 03/01/2001 to 08/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $91,105.65 $3,162.07 $253.33 $181.31 $209.67 $4,555.28 $99,467.31 **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. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.0~% ($17.47 per diem), together with other charges and costs including escrow advances incidental thereto to the property within described. By: of Sheriff s Sale and for foreclosure and sale of KItUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ~~~ 03802279 Multistate NO'TT FHA Case No. 1 L 441-5942819-703 April 9, 1999 [Date] 4830 Brian Rd. Mechanicsburg, PA 17055 [Property Address] I. PARTIES "Borrower" means eacl] person signing at the end of [Iris Note, and the person's successors and assigns. "Lender" means Columbia National Incorporated and its successors and assigns, 2. BORROWER'S PROMT5E TO PAY; INTEREST In retort] for a loan received from Lender, Borrower promises [o pay the principal sum of Ninety Two Thousand Eight Hundred and 00/100 Dollars (U.S. $ 92 , aoo . oo ), plus interest, to the order of Lender, Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Seven and No-Thousandths percent ( 7 .000 %) per year until [he full amount of principal has been paid. 3. PROMTSE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instmment that is dated the same date as this Note and called the "Security Instrument." The Security Instmment,protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the frst day of each month beginning on June 1 1999 .Any principal and interest remaining on dle trrst day of May , 2029 ,will be due on that date, which is called [he "Maturity Da[e." (B) Place Payment shall be made a[ P.O. Box 3050, Columbia, MD 21045-6050 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 617 .41 .This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security [nstmment. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjushnents is executed by Borrower together with [iris Note, the covenants of the allonge shall be incorporated into rand shall tunend and supplement [he covenants of this Nate as if the allonge were a part of this Note. [Check applicable box) _ ^Graduated Payment Allonge ^Growing Equity Allonge ^Other [specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in [he due date or in the amount of the monthly payment unless Lender agrees in writing to dlose changes. FHA Multistate )axed Ra[e Nnte - 10195 III (I II II IIII IIII I IIII IIII IIII -1R isson © VMP MORTGAGE FORMS-19 0015 21-7 2 9 1~,/,'X/ Page 1 of 2 Iniiials`n~ (^ ~~j~~~ i, ~ ~' 83195459 /l(/J (. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days at'ter the payment is due, Lender may co]lect a late charge in [he amount of Four and No-Thousandths percent ( 4 . o00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by tailing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in futl of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. Tn many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD. regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender Itas required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for entbrcing this Note to the extent not prohibited by applicable iaw. Such fees and costs shalt bear interest from the date of disbursement at the same rate as the principal, of this Note. 7. WAIVERS Borrower and any other person who ltas obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. S. GIVBVG OF NOTICES Unless applicable iaw requires a different method, any notice [hat must be given [o Borrower under this Note will be given by delivering i[ or by mailing it by tits[ class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under dtis Note will be given by first class mail [o Lender at the address stated in Paragraph 4(B) or at a different address it' Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, eac(t person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under [his Note against each person individually or against all signatories together. Any one person signing this No[e may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the,-term n covenant contain m this Note. .Glt e c v? ~ ~ -GL~-' (Seaq (Seal) oberta M. Klein -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower _ (Seal) -Borrower _ (Seal) -Burrower _ (Seal) -Borrower _ (Seal) -Borrower ©-7 tt 196011 Pale 2 of 2 "LEGAL DESCRIPTION" ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with survey of William E. Whittock, Registered Professional Engineer, dated January 13, 1966. BEGINNING at a point on the southerly line of Brian Road, which point is Eighty-Five (85) feet east of Charles Road, thence along the southerly line of Brian Road south Eighty-Five (85) degrees Shirty (30) minutes east Fifty-six and Sixty-four one-hundredths (56.64) feet to a point; thence continuing along Brian Road south Eighty-Three degrees Twenty-Three minutes east Eight and Thirty-Six one-hundredths (8.36) feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of Lots; thence along the same south four (4) degrees Thirty (30) minutes west One Hundred Forty-six and Thirty-nine one-hundredths (146.39) feet to the northerly line of Lot No. 18, thence along the same south Eighty-seven (87) degrees Thirty-two (32) minutes eleven (11) seconds west thirty and twenty-three one-hundredths (30.23) feet to a point; thence north twenty-five (25) degrees fifty (50) minutes five (5) seconds west Sixty-nine and Forty-six one-hundredths (69.46) feet to a point; thence north four (4) degrees thirty (30) minutes east ninety and forty one-hundredths (90.41) feet to the point of BEGINNING. BEING Lot No. 48, Block D on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 11. HAVING THEREON ERECTED a one story brick dwelling known and numbered as 4830 Brian Road. BEING THE SAME PREMISES WHICH Joseph R. Fink, single man by his deed dated April 9, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County granted and conveyed unto Roberta M. Klein, a single person, j ~Kh~i~ ~~ ~~~ Stata of Pennsylvania ll County of CumbarlandJ 86 Recorded in ho office for the recording of Deeds e : N-. sod Berland County, Pa~~ i~~ _ 800 ` Vo J Pag lJ ^drt, r: s my hand I of offrrc Carlisle, PA thi day dty~,t~~ eooK~533Paci:, 258 :~ JUN-08-2001, 07 30 PURCELL,KRUG,HALLER 7?.7 234 1206 P.07i07 COMPANY NAN16: COT,UMBIA NATIONAL, INCORPORA'1'1JU V_ T.LUFICATXON 1 verify that the statements male in the foregoing Ccnnplaint are true and coned. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Secaion 4904 relating to unsworn falsificaf irni to authorities. Dated JULY 10. 200 ---~-- ~,1~'l~t.fit~ f ti .. `""'"., Tit.ler~~.t~~~ TOTAL P.07 JUN 08 2001 07 28 717 234 1206 PRGE.07 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UMBIA NATIONAL INC VS KLEIN ROBERTA M CPL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KLEIN ROBERTA M DEFENDANT the at 1033:00 HOURS, on the 17th day of July 2001 at 4830 BRIAN ROAD MECHANICSBURG, PA 17055 by handing to ROBERTA KLEIN 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 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this ,2Y ~ day of aba 1 A . D . rothonotar/~~`- y~-r-~ So Answers: .~iss~~.rc~,.~~ R. Thomas Kline 07/17/2001 PURCELL KRUG & HALLER /" BY~ , De uty Sheriff ~F~ . ~: COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 4216 ROBERTA M. KLEIN, DEFENDANT IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant ROBERTA M. KLEIN 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 $91,105.65 Interest $ 3,162.07 (Per diem of $17.47 from 2/1/01 to 8/1/01) Accumulated late charges $ 253.33 Late charges $ 181.31 ($30.22 per month to 8/1/01) Escrow Deficit $ 209.67 5% Attorney's Commission S 4,555.28 TOTAL $99,467.31** '** 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 & R By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 KaMKR000S\W MB EftLA1KLEIN.P i : n~ COLUMBIA NATIONAL, INCORPORATED,: IN TAE COURT OF COMMON PLEAS PLAINTIFF Ct7MBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 4216 ROBERTA M. KLEIN, DEFENDANT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 T hereby certify that on 4830 BRIAN ROAD, MECHANICSBURG, PA 17055 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. v-=l% Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 COLUMBIA NATIONAL, INCORPORATED Plaintiff VS, ROBERTA M.KLEIN Defendant DATE OF THIS NOTICE: September 17, 2001 TO: ROBERTA M. KLEIN 4830 BRIAN ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4216 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR $Y 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, J(TDGMENT 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 & ER By LEON P. HALLER, orney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717)234-4178 ~fi~, J'~ ~ ~ Ct `~- -, ., ~ ~ r= „~ ~=cam ~_~ ' ,, .p ~ ~_ ~-. r n • ~ ~ G~ r ~ ,~ _` -` ~~ ''! 1 -~ ... - ~~~aww3 sxg~sxasmswic~ w r ,„.:. r, .~c< tiv.= Sdf"~~: lski~a~.ri" sabaq .A`" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT N0. 2001 4216 COLUMBIA NATIONAL, INCORPORATED PLAINTIFF VS. ROBERTA M. KLEIN, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $ 99,467.31 1/ Interest at $17.47 per diem to sale date $ 2,218.69 Late charges at $30.22 per month to sale date $ 181.32 Escrow Deficit $ 2,000.00 TOTAL $103,867.32* *SALE DATE: WEDS.,MARCH 6, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned ase. Date: December 11, 2001 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 4830 BRIAN ROAD, MECHANICSBURG, PA 17055. Date: BY DEPUTY PROTHONOTARY/CLERK CIVIL DIVISION K.1M KF\~OCS\CUMBE RLA\KLEIN W ,-~ RLL THAT C$RTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with survey of William E. Whittock, Registered Professional Engineer, dated January 13, 1966. BEGINNING at a point on the southerly line o£ Brian Road, which point is Eighty-Five (85) feet east of Charles Road, thence along the southerly line of Brian Road south Eighty-Five(85) degrees Thirty (30) minutes east Fifty-six and Sixty-four one-hundredths (56.64) feet to a point] thence continuing along Brian Road south Eighty-Three degrees Twenty-Three minutes east Eight and Thirty-Six one-hundredths (8.36) feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of Lots; thence along the same south four (4) degrees Thirty (30) minutes west One Hundred Forty-six and Thirty-nina one-hundredths (146.39) feet to the northerly line of Lot No. 18, thence along the same south Eighty-seven (87) degrees Thirty-two (32) minutes eleven (11) seconds west thirty and twenty-throe one-hundredths (30.23') feet to a point; thence north twenty-five (25) degrees fifty.(50) minutes five (5) seconds-west Sixty-nine and Forty-six one-hundredths (69.46) feet to a point; thence north four (4) degrees thirty (30) minutes east ninety and forty one-hundredths (90.41) feet to the point of BEGINNING. BEING Lot No. 48, Block D on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 11. HAVING THEREON ERECTED a one story brick dwelling known and numbered as 4830 Brian Road. BEING THE SAME PREMISES WHICH Joseph R. Fink by deed dated 4/2/99 and recorded 4/12/99 in Deed Book 197, Page 323 granted and conveyed unto Roberta M. Klein. TO BE SOLD AS THE PROPERTY OF ROBERTA M. KLEIN ON JUDGMENT NO. 2001 4216. ASSESSMENT: 10-21-0279-275 ~ ~ ~~ ~ ~ ~ ,~ ~ ~ ~ ~ ~ ~_ C,. ~ C~ ~ ~ ~~~~ - __ ~ ~ i I ~ ~ - -C /~ ~~~r _.. ~ - r; __y ,~ .. ,=aP mw,~;=.+..r _ ... --v-~,:~w+~ ..... ~ - :F.x w~r.'riseSiSi9s'?d-mdP1IX~ COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 4216 ROBERTA M. KLFIN, 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 4830 BRIAN ROAD, MECHANICSBURG, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Roberta M. Klein 4830 Brian Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 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 ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relatin to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 :F,:D'6Y .+XESFfi~"d;.::~F°~`@S'ar ~MT~1i ~ .. t COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 4216 ROBERTA M. KLEIN, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: !geld: 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 buildixxgs and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 4830 BRIAN ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE SUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: N0. 2001 4216 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K9MKF\DOCS\CUMB ERLAIKLEI N. NOS t' ROBERTA M. KLEIN 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 ,rou 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. ~. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the "ot,rt 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 piece or parcel of land situate in the. Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with survey of William E. Whittock, Registered Professional Engineer, dated January 13, 1966. BEGINNING at a point on the .southerly line of Brian Road, which point is Eighty-Five (85) feet east of Charles Road, thence along the southerly line of Brian Road south Eighty-Five-(85) degrees Thirty (30) minuteseast Fifty-six and Sixty-four one-hundredths (56.64} feet to a point; thence continuing along Brian Road south Eighty-Three degrees Twenty-Three minutes east Eight and Thirty-Six one-hundredths (8.36) feet to the line dividing Lobs Nos. 47 and 48 on the - hereinafter mentioned Plan~of Lots; thence along the same south four (4) degrees Thirty (3D) minutes west One Hundred Forty-six and Thirty-nine one-hundredths (146.39) feet to the northerly line of Lot No. 18, thence along the same south Eighty-seven (87) degrees Thirty-two {32) minutes eleven (il) seconds west thirty. and twenty-three one-hundredths (30.23) feet to a point; thence north twenty-five (25) degrees fifty (50) minutes five (5) seconds west Sixty-nine and Forty-six one-hundredths (69.46) feet to a point; thence north four (4) degrees thirty (30) minutes east ninety and forty one-hundredths (90.41) feet to the point of BEGINNING. BEING Lot No. 48, Bloek D on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan.BOOk 8, Page 11. HAVING THEREON ERECTED a one story brick dwelling known and numbered as 4830 Srian Road. BEING THE SAME PREMISES WHICH Joseph R. Fink by deed dated 4/2/99 and recorded 4/12/99 i n Deed Book 197, Page 323 granted and conveyed unto Roberta M: Klein. TO BE SOLD PS THE PROPERTY OF ROBERTA M. KLEIN ON JUDGMENT NO. 2001 4216. ASSESSMENT: 10-21-0279-275 n - -. _- __ s~ _ _ _ ~w-tce-,~-~e., ~:>:• ~, ,f: .gs~new i ."~~:g~+'%~`vb~~-"'ye-!'~-.ms n COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 4216 ROBERTA M. KLEIN, DEFENDANT IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I ave de osited in the U.S. Mails at Harrisburg, Pennsylvania on -/U D a true and correct copy of tree 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: Roberta M. Klein 4830 Brian Road Mechanicsburg, PA 17055 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 - ~~~_. LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 ioHN w. PuRCau TELEPHONE (717) 234-4178 i~owARO Q. I<ROC FORECLOSURE DEPT. PAX (717) 234-1206 L20N P-HALLER JOHN W. PURCELL .fR, QR[AN .I. 'fYLBR 71LL M. WINF,KA (717) 533J836 NOTICE T0: Roberta M. Klein 4830 Brian Road Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEV (1910-1982) ANTHONY DiSANT0 Of COUNSEL HERSHEY 1099 GOVERNOR 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 publi-c 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 you have an opportunity to protect your interest, if any, b eing notified of said Sheriff's Sale. By: Leon P. Haller -.D.15700 Attorney for Plaintiff COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERTA M. KLEIN, CIVIL ACTION - LAW NO. 2001 4216 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 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: 4830 BRIAN ROAD 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 4216 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K:\MK FlUOCS\CUMBERLA\KLEIN.NOS ROBERTA M. KLEIN 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 Re: Columbia Nat'l v. Klein Cumberland Sales 3/6/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Roberta M. Klein 4830 Brian Road Mechanicsburg, PA 17055 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover k High Streets Carlisle, PA 17013 Postage: Postage: r-,=-~_~~----_J t ~~ s~G~ 4y r~ a U.S Y~.AJ4r19~ ~~I'~'uZ ACS ~,f .i~0`~~ ~ .~ V -`~i '?fr ~lu3ta1:~ ~~$ y ~x,e r<<. ~ ~. ~w...}~t f.'SiSG Postmark: Postmark: rcT`~ ~'~ ~, g~//y" ' CP n r°~ ` -'. C s~'' ... { ~ ~ r U~_, - !~ < ~ ;F~, y~. ~. c;. ~= O a? i_> r L. 'e .a ~NFJ §w8slar~n;?'~tutmay w , r n ea..-~ .. ;~.ru.~.,n v~.~rks~a.¢=r~t,~<ws m...~ti~~~',*~ COLUMBIA NATIONAL, INCORPORATED, PLAINTIFF VS. ROBERTA M. KLEIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 2001 - 4216 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PP.OTHONOTARY: Please Vacate the Judgment entered against the Defendant in the above captioned matter, because the mortgage has been reinstated and the default cured. PURCELL, KRUG & HALLER By : !~ / Leon P. Haller ID No. 15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12. 2002 i Columbia National, Incorporated VS Roberta M. Klein In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4216 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon P. Haller. Sheriffls Costs: Docketing 30.00 Surcharge 20.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 24.20 Mileage 7.80 Levy 15.00 Advertising 15.00 Certified Mail .82 Poundage 190.00 Law Journal 344.45 Patriot News 270.30 $ 934.07 paid by attorney 3-08-02 Sworn and subscribed to before me This {v ~ day of ~7~.t,,,,~ 2002, A.D. u Q `Y{ Prothonotary S s rs: R. Thomas Kline, Sheriff BY~1~.~ ~- Real Estate Deputy ~ ~ t'!z. 3S 8Sq 4~,~, iaas3z P COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 4216 ROBERTA M. KLEIN, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krua & 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 4830 BRIAN ROAD, MECHANICSBURG, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Roberta M. Klein 4830 Brian Road Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 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: ., 8 TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 /~'~ (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relatin to unsworn falsification to authorities. _/ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 { COLUMBIA NATIONAL, INCORPORATED,: IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2001 4216 ROBERTA M. KLEIN, 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: 4830 BRIAN ROAD MECHANICSBURG 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 4216 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: L ~PrIKF\DOCS\CUMBE RLA\KLEIN NOS f d~ ROBERTA M. KLEIN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to -eceive 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 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 Association 17013 THE LEGAL RIGHTS YOU MAY HAVE ARE: 7.. 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 ag~~inst you. r 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 a.nadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. ?. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the o~.:rt of Common Pleas of the within County. The petition must be r=served on the attorney for the creditor or on the creditor before presentation tc~ 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 oht_ained 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 piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with survey of William E. Whitlock, Registered Professional Engineer, dated January 13, 1966. BEGINNING at a point on the .southerly line of Brian Road, which point is Eighty-Five (85) feet east of Charles Road, thence along the southerly line of Brian Road south Eighty-Five (85) degrees Thirty (30) minuteseast Fifty-six and Sixty-four one-hundredths(56.64) feet to a point; thence continuing along Brian Road south Eighty-Three degrees Twenty-Three minutes east Eight and Thirty-Six one-hundredths (8.36) feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of Lots; thence along the same south four (4) degrees Thirty (30) minutes west One Hundred Forty-six and Thirty-nine one-hundredths (146.39) feet to the northerly line of Lot No. 18, thence along the same south Eighty-seven (87) degrees Thirty-two (32) minutes eleven (li) seconds west thirty-and twenty-three one-hundredths (30.23) feet to a point; thence north twenty-five (25) degrees fifty (50) minutes five (5) seconds west Sixty-nine and Forty-six one-hundredths (69.46) feet to a point; thence north four (4) degrees thirty (30) minutes east ninety and forty one-hundredths (90.41) feet to the point of BEGINNING. BEING Lot No. 48, Block D on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland C6unty Recorder's Office in Plan BOOk e, Page 11. HAVING THEREON ERECTED a one story brick dwelling known and numbered as 4830 Brian Road. BEING THE SAME PREMISES WHICH Joseph R. Fink by deed dated 4/2/99 and recorded 4/12%99 in Deed Book 197, Page 323 granted and conveyed unto Roberta M. Klein. TO BE SOLD AS THE PROPERTY OF ROBERTA M. KLEIN ON JUDGMENT Iv'G. 2001 4216. ASSESSMENT: 10-21-0279-275 ' WRIT OF EXECUTION a~Sdfor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) Np. _ 01-4216 _ CIVIL >~ TES COUNTY OF CUMBERLAND) CIVIL ACTION - lAW TO THE SHERIFF OF Ctimt rl nd COUNTY: To satisfy the debt, interest and costs due Colwnbia National Incorporated PtAINTiFF(S) from Roberta M. Klein 4830 Brian Road Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant(s) and toselt ~~ r egal ~~rr;nti on (2) You are also directed to attach the property of the deterxlant(s) not levied upon in the possession of GARNISHEE(S) as folbws: and to nofrfy the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt io or for the account of the defendant{s) and from delivering any property of the defendant{s) or othenxiss disposing thereof; (3) If propeRyofihedefendant(s)notlevieduponansubjegtoattachfnentisfouritiintfiepoSSessionotanyoneother than a named garnishee, you are directed to rwt8y himlherthat he/she has been added as agarnishee and is enjoined as above stated. Amount Due 599,467.31 Interest at $17.47 per diem to sale drate-5~,~}8.69 Atty's Comm Atty Paid $106.50 Plainl'rff Paid Dale; I~2!`HN]pS 1~~ ~nnl REQUESTING PARTY: Name _ Leon P Haller Esa Address' 719 Nor h Front Street ____ _ Harr; Gbnm, P~7102_____, L.L. Due Prothy 51.00 Other Costs Late charges at $30.22 per month to sale date $181.32. -- Escrow deficit $2,000.00 r5,rtia R_ inn(71 Prothonotary, Civil Division by' ~~>Le~ Deputy ®® g q itt ~ aj . ,< , ~t C~rtisje, Pa. _ -,,.,, , Attorney tOC Plaintiff Telephone. ~17_~~a-a17a Supreme Court ID No. 15700 .REAL ESTATE SALE No. `~~2 On December 13, 2001, the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, known and numbered as 4830 Brian Road, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: ~ ~p ~w~ ~ Deal Estate Deputy _~ . ¢aaw.k- i _ v91"z'§n~,~'~~»ti'i~J'v-r37T.t.d3?s"%z~i!~cS^F. Ndtl~'A~'.F3d~&~}i.3v. fi.-. ..1 ' -i- ., sH ti:~l?m'p`.~iD$'~'9. q THE PAfiRIOT 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 ofi the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and far said Cou ty of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. / ; PUBLICATION ~- COPY Sworn to ands ribed before me his 22nd y of F ruary 2002 A.D. SALE#52 Notaritl Seal Terry L Rusepll, Notary Public HaMaburg, Dauphin County OTARY PUBLIC My Commlasbn Expires June 6, 2002 Member, Pennsylvania Association of Nola commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs ~ To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 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. By .................................................................... ~.°-RE0.L~TATESALE N~o.52 - ~ ~ Writ NO.2001-0278 `- '-- C(vilTerm -.. Columbia Netionat, Irro. _- --- - - Roberta M. Klein - -_:At4y: Leon P. Haller 'DESCRIPTION - - .. ALL TIJAT CERTAIN pitta or parcel of land - situate in the Township of Hampden, County of ~Cumbarlaid and State of Pennsylvania, mom _pardtvlady boand;d and described in °accordance with ~`urvey of William E. ~WLi[tock, Regislep~?' Professional Engineer, a dated 7aouary 13,1966. - - BEGINNING at a pG'.dt on tbe southerly line of Brian road, which pointis Eighty-Five (85) feet ~rast of Charles road, thence along the southerly P-line of Brian Road south Eighty-Five (SS) degrees Thirty (30) minutes east Fifty-sue and Sixty-£our one-hundredthu (56.64) feet to a point; thence continuing along Brian Road 'zbuth--Eighty-Three degrees nvneyt•Thtoe ,~7aioat~s east Eight and Thirty-Six one- ~Lundredths (3.36) feet to the line,dividing Lots -° Nos. 47 and 48 on the hereinafrer mentioned J Plan of Lots; titenre along the same south tour -_ (4J-"degrees T)rirly . (30) minutes west One Hundred FrorN•six and Thirty-nine one- hurdredths (14639) feet to the noNmrly line of = of No. IS, thence along the same loath F~fy-seoen"(87) degrees Thiry-[wa (32) = ttimhtes eleven (110 seconds west ttiny and - twenty-three one-hundredths (30.23) feet [o a pp~o~inL thence north twenty$ve (2S) deomees ~~- Stty (60) nunutes five (5) seconds west Sixty- - nine and Ferry-six one-hundredths (69.46) fec5 "~to a point; thence north four (4) degrees twny (30) minutes cast ninety and forty otre- hundredths (90.410 fact to the point of --BEGINNING: --~E1NG Loi No, 4$, Block D an Plan No. 3 of crDel•Breok Manor said Plan reeordcd in the '~ Cumberlmd County Recorder's Office in Plan -$ook B. Page 11. - - HAVEQG 1SIEREON erected aone-sorry brick _=dwelling known and nwnbered as 4830 Brian ~~~ Road. - - E1NG THE SAME premises which Joseph R. .-aFnkby deed dated 412199 and recorded 4/129 Jn_Deed Book 197, Page 323 granted- and '".`ctmvtyed unto Roberta M.1{]ein. TO BE SOLD as the property of Roberta M. -$lera`asJudgmentNo, 200! 4216. ~+5SESSM1fEM1T: l0-2!-0279.275. 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 ail 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. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002_ lCM3 E. SNYDER, Notauy Pudk Carlisle Boeo, 'sp' Oqe= ~,n ~xr~rr~ A4arch 5, .~r~~~~ .. ~~. __ REAL ESTATE SALE NO. 52 Writ No. 2001-4216 Civil Columbia National. Incorporated vs. Roberta M. Klein Atty.: Leon P. Haller ALL THAT CERTAIN piece or par- cel of ]and situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particulazly bounded and described in accordance with survey of WID- iam E. Whittock, Registered Profes- sional Engineer, dated January 13, 1966. BEGINNING at a point on the southerly line of Brian Road, which point is Eighty-Five (85) feet east of Charles Road, thence along the southerly line of Brian Road south Eighty-Five (85) degrees Thirty [30) minutes east Fifty-six and Sixty-four one-hundredths (56.64) feet to a point; thence continuing along Brian Road south Eighty-Three degrees Twenty-Three minutes east Eight and Thirty-Six one-hundredths (8.36) feet to the line dividing Lots Nos. 47 and 48 on the hereinafter mentioned Plan of Lots; thence along the same south four (4) degrees Thir- ty (30) minutes west One Hundred Forty-six and Thirty-nine one-hun- dredths (146.39) feet to the north- erly line of Lot No. 18, thence along the same south Eighty-seven (87) degrees Thirty-two (32) minutes eleven [ll) seconds west thirty and twenty-three one-hundredths (30- .23) feet to a point; thence north twenty-five (25) degreea fifty (50) minutes flue (5) seconds west Sixty- nine and Forty-six one-hundredths (69.46) feet to a point; thence north four (4) degrees thirty (30j minutes east ninety and forty one-hundredths (90.41) feet to the point of BEGIN- NING. BEING Lot No. 48, Block D on Plan No. 3 of Del-Brook Manor, said Plan recorded in the Cumberland County Recorder's Office in Plan Book 8, Page 11. HAVING THEREON ERECTED a one story brick dwelling known and numbered as 4830 Brian Road. BEING THE SAME PREMISES WHICH Joseph R Fink by deed dat- ed 4/2/99 and recorded 4/12/99 in Deed Book 197, Page 323 grant- ed and conveyed unto Roberta M. Klein. TO BE SOLD AS THE PROPER- TY OF ROBERTA M. KLEIN ON JUDGMENT NO. 2001 4216. ASSESSMENT. 10-21-0279-275.