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HomeMy WebLinkAbout01-04392MEMBERS FIltST FEDERAL CREDIT UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 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. NOTICE You have been sued in court. If you wish to defend against the claims- set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written 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 may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ,~~.~ MEMBERS FIRST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. ROBERT J. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE NOTICIA Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demands. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENC]A LEGAL. MEMBERS FIRST FEDERAL CREDIT UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW 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 the said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide Debtor with the name and address of the original creditor if different from the current creditor. SAIDIS, SHUFF, FLOWER & LINDSAY Kazl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Mazket Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff MEMBERS FIRST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. ROBERT J. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Plaintiff, Members First Federal Credit Union, by its attcrneys, Sa+'dis, Shull, Flower and Lindsay, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Members First Federal Credit Union, is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. The Defendant, Robert J. Wallak, is an adult individual whose last known address is 1821 Walnut Bottom Road, Newville, Pennsylvania 17241-9515. 3. On or about February 28, 1992, Defendant borrowed from and agreed to repay to Bank the sum of Forty Nine Thousand Six Hundred and 00/100 Dollars ($49,600.00) ("Loan"). As security for the Loan, Defendant executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in Penn Township, Cumberland County, Pennsylvania known as 1821 Walnut Bottom Road, Newville, Pennsylvania 17241 ("Property"). At all times relevant hereto, Defendant was and remains the record and sole owner of the Property. A description of the Property is attached hereto, made a part hereof and marked Exhibit "A". A copy of the Note ("Note"), evidencing the Loan is attached hereto, made a part hereof and marked Exhibit "B". 4. On Febivary 28, 1992, the Mortgage was recorded in the Office of the Reoorder of Deeds of Cumberland County in Mortgage Book 1050, Page 307. A copy of the Mortgage is 4 attached hereto, made a part hereof and marked Exhibit "C". 5. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Defendant. 6. Under the terms and conditions of the Note, Defendant agreed to make monthly payments to Bank in the amount of Four Hundred Ninety Nine and 40!100 Dollazs ($499.40} beginning on April 1, 1992, and continuing on the first (1S`) day of each month thereafter. 7. Defendant has breached the temvs and conditions of the Mortgage and Note and is in default under such terms and conditions because he has failed to make the payments required in accordance with the terms thereof. 8. Defendant is presently indebted to Bank, as of July 3, 2001, in the amount of Thirty Thousand Eighty and 44/100 Dollazs ($30,080.44) itemized as follows: Principal Balance $27,835.18 Interest to and including July 3, 2001 $ 741.52 Late Charges $ 74.91 Attorney Fees $ 1,428.83 TOTAL DUE $30,080.44 9. Defendant also agreed under the terms of the Mortgage that in the event of default thereunder he would pay, in addition to the chazges listed in paragraph 8 above, costs incurred by Ban!: as a result of the institution of these legal proceedings. 10. The obligation owed by Defendant to Bank continues to accrue interest thereon at the rate of Six and 77/100 Dollazs ($6.77) per day, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges and attorneys' fees. 5 ,, «,.~,~ 11. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.401c et sue, a Notice of Intent to Foreclose and of Defendant's rights under said Act was forwazded to Defendant on May 3, 2001 by certified mail, return receipt requested, addressed to Defendant. A copy of said Notice is attached hereto and marked Exhibit "D". Bank believes, and therefore avers, that Defendant has not applied for assistance under the Act. 12. Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101 et sec .., and in particular section 403 thereof, Bank gave written notice to Defendant of its intent to foreclose by a letter dated May 3, 2001, addressed to Defendant, certified mail, return receipt requested. A copy of said Notice is attached hereto and mazked as Exhibit "E". 13. The Bank has received postal form 3811 evidencing the receipt of the Notices by Defendant, which is attached hereto as Exhibit "F" and made part hereof. 14. Simultaneously, the Bank forwazded to Defendant the same Notices as set forth in pazagraphs 11 and 12 above addressed to Defendant by United States mail, first class, postage pre- paid, bearing the return address of plaintiff. The Notices forwarded to Defendant in said manner have not been returned to the offices of Bank as undeliverable or otherwise. I5. As set forth above, Bank has made demand upon Defendant herein to cure the default under the aforesaid Mortgage and Note. However, Defendant has refused and failed and continues to refuse and fail to make payment to Plaintiff. WHEREFORE, Plaintiff, Members First Federal Credit Union, demands judgment against Robert J. Wallak, Defendant, in the amount of Thirty Thousand Eighty and 44/100 Dollazs ($30,080.44 ), plus interest at the rate of Six and 77/100 Dollars ($6.77) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, additional legal fees and costs, and for foreclosure and sale of the mortgaged property. 6 Date: ~~D~el Respectfully submitted, SAIDIS, SHi7FF, FLOWER & LIPiDSAY By: nari~vi. Leaevonm; rqun'e Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff SCHEDULE A ALL TNAT CERTAIN house and lot of ground situate in the Village of Centerville, Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Charles W. Junkins, Registered Surveyor, dated October 9, 1987, as follows: BEGIN1ING at an iron pin along the edge of L.R. 35> known as the Walnut Bottom Road, said iron pin also being at the corner of land now or formerly of Robert Kough; thence along said Walnut Bottom Road South 70 degrees 40 minutes West 67.51 feet to an iron pin at the corner of land now or formerly of Loretta Kelso; thence North 70 degrees 40 minutes East 67.94 feet to an iron pin at the corner of lands now or formerly of Robert Rough;. thence along the lands now or formerly of Kough South 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BEGINNING. TOGETHER with the right to use and enjoy a passageway 16 feet wide at the North end of teh lot hereby conveyed as soon as there shall be a stable erected thereon, and being improved with a two-story frame house and out buildings. 900K1O5~ PAGE 3~3 .. .. .." ;:.Y-~,:;.:. s~~r 7f,r?.IP.C^vl~IRQ IDi` QQ~C~S f~ I ~:r~-y~ u.c: ~aunty~j~' ~ . ~ ~.?.'-} f ~~~-C.~ _._ Page ~=XJ 0.e'; -;..:or~?nr Exhibit "A" ram NOTE ............_PebT4§s:X._2§ ....................... 19..P 2.... ._Mechagicabur&.................Rgl•.9AY.).xi3Ala......... •...••.._ (gryl ISUmI ,,,,,,,,,,,,,,,,,,LN21,_Walnut._Bottom Road Nesrville, PenneXlyania...X7241,,.,..._..,.,..„,,,,,,,,.,.,,,,,,,,,,,,,,,,.,,, . . .... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (rvoaero Atdwwl 1. BORROWERS PROMISB TO PAY - ' In rcmm far a Wen then I Moe receved: I promise m pY U.S. E._49,a600; 00,,,,,,,,,,,,,,,,,, (thin amount is called °principl"). Plus inmrest, to th<mrlu of the Lender. The Lender is ...................................................................................... ..........P.ehgR.1.SgliY)SIeA.F.gdPIAI.G!P.9i,{.Upla- ...............................................:.................................................. 1 understand then the LeMer may trfmfiii this Note. The Lender trc myove who take this Note by transfer and who is euinkd m receive pymmta undm This Note u celled the "Nme Holder." 1 IMfiRE4f Ivterest will be charged m unpaid P~PaI undl the full amount of Pdncipal has been pid. l will py intereu at e ynr1Y ra4 m...~Y.87 5............90. The intermt me required by t6u Section 2 is the rete I wi6 py both before and after my default described in Section 6(B)mthisNma ]. PAYMEN75 (A) Time and PlaeeolPaymmm ~ - iwill py privdpland intmestbY makingpYmm~b every month. I will mek<mY monthly pYmeub m the......fllg4.... day ofeaeh month beginnin8 m ~~.._April,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~ 19...92._ [will make these paymmk every month mdl i have pid ail aflh<pdndpei and inf<rcM and mq mhttcharges described below that I may owe u~r this Nme. My monthly pYments will lx applied m interest before pdmipl. tf, m March. 1_._,,,,_._„~_._...,,. _2..._..,.. I still owe mnmmb under this Nme, I wiN py those ammnm in NII m that dam, which isealledthe"maturity date." will mels<mY mmthlYpaYmmtsal ...67d5_Etg4.Td!!4l@. (13#.l4 M4£!!MJ.45.?!!S&R.9.l7.GSk ........................................ ................................................................................ ar at a different Phsee if required by the Note Hald<r. (B) AmouvlofMouthly Paymmm ............................. MY mmthly payment will bein the amount ofU.$. E.._499.40 6. BORROWER5 RIGHT TO PREPAY 1 have the right to make pymenta of principl at avy time before they arc due. A pyment of principal only is known u a "prepyment" When I makes prepynrent, I will tell the Note Holder in writing that 1 am doing so. f may make a full pepymml ar partial prePaymmts without eying any prcpymmt charge. The Nom Holder will use all m my pepymenta to reduce the amount of prineipl that I owe under this Nom. If 1 make a pnial prcpymmt, there will be no changes iv the due date or in the amount m my monthly payment unins the Now Holder agree in w dtin8 to throe changes. S, IAAN CHARCPS If a law, which applies to this tom and whkh sme meximnm loan charge, M 6naNy interpreted co that the interest or other tom chergea collected ar to be mllmted in eannectian with this loan exceed the permittM limits, them (i) my such loan charge shah be rsduced by the amount necessary to rcdme the charge to the prmitted limit; and (ii} any sums alrmdy mlieeted from me whkh exceeded prmitted limits will be refunded to me. The Nole Holder may choose to make thu «fuod by reducing the principal t owe under this Nm<or by making a direct pyment Io ore. I! a refund reduces principal, the rcduMWn will b<lreated ass partial prcpymmt. 6. HORROWfiR5 FAII,URfi 70 PAY AS RSUUIFED IA) lam Chugs for Overdue Paymmb Ifthe Nate Holderhasnm received the full amomtafany monthly pymml by theendof ...Fifteen (161 „calendar days after thedme it u due, I will py a late chvgetothe Nate Holder. The amount of the charge will be....5e~9..%of my overdue peymentmprincipl and interest I will py this late charge promptly but mly once m each late pyment. (B) Default If 1 do not pay Ihefull amount ofeach monthly pyment m the dam it u due, I will be indefault. (CI Notice ofDehutt If I am in default, the Nme Holder may send me a written notice telNng me Ihet if I do noI pay the overdue amount by a cenvn date, the Note Holder may require me m pay immediately the full amount ofprinripal which has nos bcen paid and ail the inlerat that 1 owe on that amount. That date must be at Irest 39 days after the dace on which the notice is delivered ar mailed tome. IDl No Waiver By Nme Holder Even if, at a time when I am in default, the Note Holder does not require me to py immediately in full as described above, the Nate Holder will still have the right todv m ift am in default at a later lime. (EI Iraymmt of Nme Holder's Cram and Eapensp If the Nme Holder Mss required me to py immedlaWy in toll u described above, the Nate Haber will have the right to M paid back by me far all ofits cents mW exposes in enforcing this Note to the extern not prohibited by applicable law. Throe expenses include, for example, rem enable attornrya' tea. 7. GIVING OF NOTICES Unlas applicable law requires a digeren[ method, any nmice that must hegiven to me under this Note wiU be given by delivedng it or by mailing it by first class mail to me at the Properly Address above or et a digerenl address if I give the Note Holders notice of my diBermt address. Any notice that must begivm to the Nate Nolderundtt thisNot<will be given by moiling it by fins aloes mail to the Note Holder et the address sorted in Sectim 7(A) above or at a diRerent address if I am given a notice of that diRerent address. MULTISTATE flxED RATE NOTE-smele ramlry-fxwa/rWtatc uquogr tg5rquatEnt rona akoo lx/ea OPFCLL]90q 15/861 ;,~„~, Exhibit 'tB" tCORDEO-CFFiCEOF THE RECDRDE Or DEEDS CUM$ERLANu COUNTY-PA 'Q2 FE8 28 F(~ 3 12 IStaen Ahwo Thb Une For Reeordln0 tlataJ MORTGAGE THIS MORTGAGE ("Security Lrstrument") is given on ......February, 28,,,,,,,,,,,,,,,,,,,,,,,,,,,,,; 19 .92..... The mortgagor is ..RokeX7;..J,..~~~ja7~ ....:.........................:.................................................. ..................................................... ("Borrower"): This Security Ltstrumeru is given to ... r8~~.............. g Defense Activities Federal Credit Onion ,. ,which is o and existin under the-laws of .the United„States of America,,,,,,,_ , aad whose address is ,,;,,,,;,,,,,,, .. .................. ...5~.7.~:.~,~,s~..2c~AS1].e..~gd..,M~~h3FS~szgbux8~. RA. ~10SS ..........:... . (` Lender'•). Borrower owes Lender the principal sum of Forty, nine, thousand„Six-hundred, and no one hundredth .......................... ............................................... laollars (U.S. S ..42..~44.,QQ.......). This debt is evidencod,by Bbrrower's note dated the same date as this Security Instrument ("Note") which provides for monthly payments, -with the full debt, if not paid earlier. due and payable on .........,,MSrch„1 r,,,'L,007 ..... .............................. .This- Security Lutrument secures to Lender: (a) the repayment. of the debt evidenced by, the Nate, with interest, and all renewals, extensions and modifications of the Note; (b) the paymerlt:of all other sums, with interest, advanced under paragraph 7 to protect ehe security of this Security Inswmem; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the followifig described property located in .................................Cumberland ........................................................ County, Pennsylvania: SCHIDULE "A" ATTACHED which has the address of ......1521, Walnut, Bottom Road , . Newville ...................... . ................................ lcsr/ [strenl Pennsylvania ....1.7247 ......................:... (••A.operry Address••); [z~P cwt TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and factures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the PropeRy is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. PENNSYLVANIA-Single Family-Fannie MaslFroddle Mae UNIFORM INSTRUMENT Form 38:6 9N0 !page 1 oj6 pages/ BOOK 10SD PAGE 3D Exhibit "C!' for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender s option; obtain coverage; to protect`Lender's rights in the Property in'accordance-with paragraph 7. All insurance policies and"renewals shall be acceptable'to Lender and shallinclude a standard mortgage clause. "Lender sha-1 have the right to hold the policies and renewals. If tender requires, Borrower shall promptly give to-Lender all receipts of paid premiums and renewal notices. In the event of oss; Borrower shall. give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if nottnade promptly by;Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible-and tender's security is not lessenedrlf the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shalt be applied to the sttms secured by this Security Instrument: whether or not then due; with any excess paid'to Borrower: If Borrower abandons the Property, or does not answer within 30 days anotice-from Lender that the' insurance carrier has offered' to scale a claim; then:Lender may collect-the insurance proceeds: Lender rnayusethe prceeedsto repair or restore"the Property or to"pay sums secured by this Security Instrument;,whether ornotthen due. The 30-day period'will begin when the notice is given. - Unless Lender and Borrower otherwise-agree in writing;-any'' applieatipn''of proceeds`to principal sfia[I not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2'or change the amount of the payments: If tinder"paragraph 21 the Property is acquired by. Lender; Borrower's"right to any insurance policies and prceeeds resulting from damage to the Property prior. to the::acquisition shall pass to Lenderto the extent of the stems securied by this Security Instrument immediately prior to"the- acquisition. 6. Occupancy; Preservation;' Maintenance and ProteMion of the Property; Borrowee's Loan- Application; Leaseholds.. Borrower shall occupy-; establish; and'use the Property as Borrower's principal incidence withih "sixty days after the execution of this Security Instrument and shall-continue to occupy the Property as Borrower's principal residence for at least one yeaz after the date of occupancy, unless Lender otherwise agrees in writing; which consem shall`not be unreasonably withheld, or unless extenuating cireurostances exist which are beyond Borrower's control: -Borrower shall not destroy; damage or impair the Property, allow ttie Property to deteriorate; or cdmmi[ waste on"the Pcoperty~ Hprrowershall be.in default if any forfeiture action or prceeeding, whether civil or criminal, is begun'that`in tender's gtSod faith judgment could result in forfeiture of the Property or otherwise materially impairthe lien created by this Security hnstrument or Lender's security interest. Borrower may cure. sneh a defaWr and reinstate, as provided in paragraph 18; by causiag`the action or proceeding to be dismissed with a"ruling. that; in Lender's-good faith determination, prec}udes°forfeiture of the Borrower's interest in the "Property ar other material impairment of the-lien created by this Security- Instrumern or Lender's security interest. Borrower shall also be indefault if Borrower, during the-loan application process, gave tttaterially falseorittaccurate information or statements to Lender (or failed to provide Lender with arty material informaCion) in oonneotion with tpe loan. evidenced by the Note, incltuling, but not limited to, representations concerning Borrower's occupancy of the Property as a principal. residence. Ifthis-Security Instrument is on a leasehold; Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold "and the fee tide shall not merge unless Lender agrees to'the merger in writing. T. Protection of Lender's Rights in the-Property. If Borrower fails to perform the covenants and agreements contaured in this Security Instrument,: orthere is a legal proceeding that tray signifitxntiy affect Lender's rights in the Property ,(such as a proceeding in bankruptcy; probare, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which leas priority over this Security Instrument, appeazing in court, .paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph. 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from -the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage insurance. If Lender required mortgage insurance as a condition of malting the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from analternate-mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-tweiftfi of the yeazly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available Porn 3039 9190 /page 3 of 6 pages) BOOK1O50 PAGE 3~9 .,~~~, SCHEDULE A ALL THAT CERTAIN house and lot of ground situate in the Village o£ Centerville, Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Charles W. Junkins, Registered Surveyor, dated October 9, 1957, as follows: BEGINNffiG at an iron pin along the edge of L.R. 35, known as the Walnut Bottom Road, said iron pin also being at the corner of land now or formerly of Robert Kough; thence along said Walnut Bottom Road South 70 degrees 40 minutes West 67.51 feet to an iron pin at the corner of land now or formerly of Loretta Relso; thence North 70 degrees 40 minutes East 67.94 feet to an iron pin at the corner of lands now or formerly of Robert Rough; thence along the Iands now or formerly of Rough South 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BEGINNING. TOGETHER with the right to use and enjoy a passageway 16 feet wide at the North end of teh lot hereby conveyed as soon as there shall be a stable erected thereon, and being improved with a two-story frame house and out buildings. r h~;+y , 4~ _. ~/ ~. 1, !, aooK 1050 PacE 313 . .; .:,-;, +~r ri,=5rerordine of pe~ds t'/~'~ ,~~ ~out7fy'--~3'') ,~ ~~rGsie, ~~-_ t'r,s _c~~_ d9y a. ~ gg! a ~~ ~ur>r ? ~ 2aot 17. Transfer of the Property or a Beneficial Interest in Borrower. [f all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security lns[tvment. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dale of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered qr mailed within which Borrower must pay all sums secured by this Security Instrument. [f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument widtout further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument disconfinued at any time prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Propery pursuant to any power of sale contained in this Security Instrument; or (b) .entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occtured; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Le®der Wray reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Horrower's,oiiligation to pay the. solos secured by this Security Instromem shall continue unchanged. Upon reinstatement by Borrower, this Security In- strtmunt and the obligations secured hereby sfiall remain fully effective as if no acceleration had oceurred. However, this right to reinstate-shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects mont}ily payments due under the Note and this Security Instrument, There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of, the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of-the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Envirgnmental Law. The preceding two sentences shall not apply to the presence, 'use, or storage on the Property of small quantities of Hazardous Substances that are getrerally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazazdous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable ortoxi¢ petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental-Law" [Weans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shag notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the defauh must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Ltstrmoent, forclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after accelemtioa and the r~ht to assert in the foreclosure proceeditg the non-existentx of a default or any other defense of Borrower to acceleration and foreclosure, If the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collets all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by appBcable law. BDOK LO5O P>iG£ 3 i~ Farm 3039 9190 (page S oJ6 pages) ,~, IMPORTANT NOTICE TO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS May 3, 2001 TO: Robert J. Wallak FROM: Members ls' Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055 RE: Account #: 54135, Loan #: 10 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1399.00. That sum includes the following: $400.20 for March 1, $499.40 for April 1, and $499.40 for May 1, 2001. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of the Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must anange and attend a "face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend aface-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representative is: Arlanda Dintaman, Members 1 s' Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 (717) 795-6031 The name and address of a designated consumer credit counseling agency is: Consumer Credit Counseling Service Of Greater Harrisburg 2000 Linglestown Road Harrisburg; PA 17110 (717) 541-1757 Exhibit "D" ,t. ~,~. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the consumer credit counseling agency listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be fled or postmarked, within thirty (30) days of your face-to-face meeting. "It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance". Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete in every respect". The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it received your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P.O. Box 15530, Harrisburg, PA 17105. Telephone No. (717) 780-3940 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Sincerely, .~ l~Ay Arlanda Dintaman Collections Officer May 3, 2001 CERTIFIED MAIL N0.7000 1670 0000 6648 7790 RETURN RECEIPT REQUESTED RE: Robert J. Wallak Mortgage Account No. 54135, Loan No. 10 Mortgage Premises: 1821 Walnut Bottom Rd., Newville, PA 17241-9515 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage held by Members 1s` Federal Credit Union, (hereinafter we, us or ours) on your property located at 1821 Walnut Bottom Rd., Newville, PA 17241-9515, is in serious default because you have not made the Monthly pavments of $400.20 for March 1, $499.40 for April 1. and $499.40 for Mav 1.2001. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,399.00. You may cure this default within THIRTY f30) DAYS of the date of this letter, by payin tg o us the above amount of $1,399.00 plus an~additional Monthly pavments and late charges which may fall due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Members 1~' Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055, Attention: Arlanda Dintaman. If you do not cure the default within THIRTY, (30) DAYS, we intend to exercise our right to accelerate the mortgage pavments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in Monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose vour mortea¢ed property. If the morteaee is foreclosed. vour mortg~ed propertv will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, even if they aze over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be reauired to pay attornev's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day_period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at anv time u~ to one hour before the Sheriffs foreclosure sale. You may do so bypaving the total amount of the unpaid Monthly pavment plus anv late or other charges then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other reouirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately NINETY (90) DAYS from the date of this letter. A notice of the date of Exhibit "E" the Sheriff s sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payments will be by calling us at the following number (717) 697-6031. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COST ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default. the mortgage will be restored to the same position as if no default had occurred. However, you aze not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Arlanda Dintaman Collections Officer ~ ~ .. - ~ v S .. ~ - ~ an E R c ge ie 'rtema 1 and!« a t« adQNOnaI aervicea. 1 also wish ro receive the ~ •cemdele Menu s, aa, and ah. following seMces (for an 4 C ePtlM yo« name and addreee on the nveree of Mia f«m w that wa een relem IFYa extra fee ? Geld lO 71OLL •Anem thb farm to a,a fiord of the mailpteca, «an the bark tl apace daee net 7. Addressee's Address ~ p .w Refum Receipt Requeated•an the maAdeco babes the artde maNter. Q, ^ ResMcted Delivery at+ •Tho Retum Recetd witl ahowto vdgm dta adlde waa tleGVemtl and the date c ~• Consultpostmasterfortae. 3. Artlde Addressed to: 4a Artlde Number .. .. , _ 7d00 /C 70 Oaod CC!/~77y D . a. ~ 4b. Service Type ' " Robert J. Wallak _ ^ Registered p~CertlTted 1821 Walnut Bottom Rd ^ Express Malt ^ Insured _ ~'Newville, PA 17241-9515 _ ^ RetumRece(ptforMercftenrLse ^ C.OD 7. Date of Deliv ry / 5. eived By: (Print Name) B. Addre e's Address (ONyi/requested . -, ~ " ~ i ~ and lee is paid) ' ~ ~ ~ - ~ ~ ~ -- , 6. Stgna (A dr ee orAge ) T ~ X .mod. ~ ~ ', - Exhibif nE.n, 7177373407 SRIDIS SHUFF MRSLRND 009 P02 ?UL 09 '01 15:40 MEMB8R5 FIRST FEDERAL : IN TFIE COURT OF CdMMON PLEAS CREDIT UNION, : CIJMBERLANI7 COUNTY, PENNSYLVANIA Plaintiff v. ROBERT J. WALLAK, Defendant NO. CIVA. ACTION -LAW MORTGAGE FORECIASURE 'VERIMICATION Y, Joyce Baum, Collections Supervisor, for Members I:i Federal Credit Union, being authorized to do so on behalf of Mezt-bers I'r Federal Credit Union, hereby verify that the statements made in the foregoing pleading arc hue and coraect to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. fff MIEMBL)tZS Isr FEDLRAI. CREDIT UNION Date: '~-~ 1D 1®~ By; , l ~ ye aa~,m Collections supervisor SHERIFF'S RETURN - REGULAR ASE N0: 2001-04392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS FIRST FEDERAL CREDIT VS WALLAK ROBERT J DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALLAK MRS- DEFENDANT the at 1910:00 HOURS, on the 23rd day of July 2001 at 1821 WALNUT BOTTOM RD NEWVILLE, PA 17241 by handing to ROBERT J. WALLAK, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this '~~ day of a°°- A.D. ~y r thono~tar ° So Answers: ~~~~ R. Thomas Kline 07/24/2001 SAIDIS SNUFF FLOWER & NDSAY By: Deputy Sheriff „t~,~w -_ SHERIFF'S RETURN - REGULAR • CASE NO: 2001-04392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS FIRST FEDERAL CREDIT VS WALLAK ROBERT J DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALLAK ROBERT J the DEFENDANT at 1910:00 HOURS, on the 23rd day of July 2001 at 1821 WALNUT BOTTOM RD NEWVILLE, PA 17241 ROBERT J. WALLAK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His 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 fJ ~ day of ao-v A.D. ~! P othonotary ' So Answers: R. Thomas Kline 07/24/2001 SAIDIS SNUFF FLOWER & LINDSA By ~ ~-~ ~ .~.~.~. Deputy Sheriff / ~ MEMBERS FIRST FEDERAL CREDTI' UNION, Plaintiff v.. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of Members First Federal Credit Union, Plaintiff, and against Defendant, Robert J. Wallak, in the amount of Thirty Thousand Eighty and 44/100 Dollars ($30,080.44), plus interest at the rate set forth in the Note through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Robert J. Wallak, to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Respectfully submitted, SAIDIS, SNUFF, FLOWER & Date: September 20, 2001 By:, Kgfl M. debohm, Esquv Supreme ourt ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff I hereby certify that a notice of intent to take a default judgment was forwarded to Robert J. Wallak by United States Mail, First Class, postage prepaid on August 31, 2001. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 is attached hereto and marked Exhibits "AYand "B", resnectively. Esquire MEMBERS FIRST FEDERai. CREDIT UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Robert J. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Date: ~ ~~ ~~ By: Respectfully submitted, SAIDIS, SHUFF„ FLOWER & LINIDSAY ,~ ~ i J earl M. Ledebohm, Esqui~ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff Exhibit "A" ~' ~~~~~ V.i. FO~TALiB1YIR - ik4MM}¢hMMAk CERTIFICATE OF IUIrldO ~ 17~~ j ~ u~ RralNd Fran: .. q,n i¢;, r ~' W FOR COIIgTIR~AIO IMf~A71~K YAl4 qIC! -o0A110Nf0 } p, ~~ >IB17 ¢'iJ.S. OOwmmaM~Prli t' ~N.7 1 Exhibit "B" MEMBERS FIRST FEDERAL C~RE~IT UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE AMENDED NOTICE TO LIEN HOLDERS PURSUANT TO PA. RC.P. 3129.2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Robert J. Wallak: Mrs. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 You are hereby notified that on March 6, 2002 at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Lycoming County, Pennsylvania, on the judgment of Members First Federal Credit Union v. Robert J. Wallak, No. 01-4392 in the amount of Thirty Thousand Eighty and 44/100 Dollars ($30,080.44), plus interest from July 4, 2001 at the rate set forth in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises, the SherifF of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Robert J. Wallak known as that tract of land together with buildings and improvements erected thereon located in Penn Township, Cumberland County, Pennsylvania, known 1821 Walnut Bottom Road, Newville, Pennsylvania 17241. A description of said real estate is attached hereto as Exhibit "A". You aze further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Lycoming County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You aze further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by/Eieip~ noticed of std ~ e ' Sale. Date: October 23, 2001 By: M. Court ID #59012 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Mazket Street Camp Hill, PA 17011 (717)737-3405 Attorneys for Plaintiff a~x, ~, SCHEDULE A ALL THAT CERTAIN house and lot of ground situate in the Village of Centerville, Pena Township,.Cumberland County,' Pennsylvania, bounded and described in accordance with a survey prepared by Charles W. .Tunkin5, Registered Surveyor, dated October 9, 1987, as follows: BEGDHiDTG at an iron pin along the edge of Z.R.. 35, known as the Walnut Bottom Road, said iron pin also being at the corner of land now or formerly of Robert Rough; thence along said' Walnut Bottom Road South 70 degrees 40 minutes West 67.51 feet to an iron pin at the corner of land now or formerly of Loretta Relso; thence North 70 degrees 40 minutes East 67.94 feet to as iron pin at the corner of lands now or formerly of Robert ~ougfi; thence along the lands now or formerly of Rough South 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BEGIHHING. TOGETHER with the right to use and enjoy a passageway 16 feet wide at the North end of teh lot herebp conveged as soon as there shall be a stable erected thereon, and being improved with a two-story frame house and out buildings. =;t-~ ~i ;%„~;;,;,Jitani2 - ~Jr. G, .. '~ .. - . (i* 71~'?.!•P,QGfCjlfiCsT OT ~°2v5 ~_ ..~ ...1 .. I R~ i ~ ~' )f tl a.v ~i- /~ ~~G^I'i1 J~~~ 1~iy :~~IiJ ~~. J.~~~ Jt / ~ 1'Q / n ~00~1050 Par,F 3i3 ~ PRAECIPE FOR WRIT OF EXECUTION -(MONEY JUDGMENTS) ' P,RC.P. 3101 TO 3149 MEMBERS FIRST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4392 ROBERT J. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE AMOUNT DUE: $30,080.44 ~ :INTEREST FROM July 4, 2001 AT THE NOTE RATE: $6.77 per day TO BE ADDED ATTY. COMM.: TO BE ADDED COSTS: TO BE ADDED TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN TIIE ABOVE MATTER, (1) Duetted to the Sheriff of Cumberland County, Pennsylvania; (2) against Robert J. Wallak, 1821 Walnut Bottom Road, Newville, Pennsylvania, Defendant; (3) and against the following Garnishees: N/A (4) and index this writ (a) against Robert J. Wallak, 1821 Walnut Bottom Road, Newville, Pennsylvania; and (b) against N/A Garnishee(s), as a lis pendens against the real property of the Defendant as follows: on that tract of land together with the buildings and improvements erected thereon located in Penn Township, Cumberland County, Pennsylvania known as 1821 Walnut Bottom Road, Newville, Pennsylvania 17241, and as more particulazly set forth and described on Exhibit "A" attached hereto and made part hereof. (5) Exemption has (not) been waived. SAIDIS, SH,UF~', FLOWER ~.~SAY Dated: ~~ Z(J ~U'` J Karl M. Ledebohm, Esquu Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorneys for Plaintiff Z a SCHEDULE A ALL TEAT CERTAIN house and lot of ground situate in the Village of Centerville, Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Charles W. Junkins, Registered Surveyor, dated October 9, 1987, as follows: BEGIIiNffiG at an iron pin along the edge of L.R. 35, known as the Walnut Bottom Road, said iron pin also being at the comer of-land now or formerly of Robert Rough; thence along said Walnut Bottom Road South 70 degrees 40 minutes West 67,51 feet to an iron pin at the comer of land now or formerly of Loretta Kelso; thence North 70 degrees 40 minutes East 67.94 feet to as iron pin at the corner of lands now or formerly of Robert I€siugh; thence along the lands now or formerly of Rough South 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BHGIlIIIING. TOGBTBER with the right to use and enjoy a passageway'16 feet wide at the North end of teh lot hereby conveyed as soon as there shall be a stable erected thereon, and being improved with a two-story frame house and out buildings. .yi .. ,,, :;~:(;'~:`~~~y,!~;~~ ~ i:.i r?Ci ti.OUilh/~8~1 .^ . . ~~° a00~10SO PAGE ~~~ F.rhih;t ~rA~~ MEMBERS FIRST FEDERAL CREDIT UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 24th day of October, 2001, I, Karl M. Ledebohm, Esquire, of the fmn of SAIDIS, SHUFF, FLOWER & LINDSAY, attorneys for Members First Federal Credit Union, Plaintiff, hereby certify that I served the person listed below whose name appears in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with a certificate of mailing (postal form 3817) and contained within an envelope bearing my return address. A copy of the certificate of mailing is attached hereto and marked as Exhibit "A". Mrs. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 Respectfully submitted, SAIDIS, SHUF)~, FLOWER & LINDSAY Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff V.S. PCfTAI Cfl1YiCE CERTIFICATE OF MAILING R~diwN1 Fran: ~.` Led~bah m ~, Sh~~, ~lo~ce.~- LIrL~. a/~l(`F7 tYlQ~t~- `~;t-r~~ ` l.C~-n0 4~~I1 "~P- Mall On•VMOMaNnsYaW ~9urWre: Mrs. i.~.il.au, MAYS[ WED FOR oOYFinC /WD UIIWp11~k loll FD11 li~1MNCE -•DfTMhflfA Rf -DIM/ ]Ef1 4 U.S. 6DYFneMnt 101 MAY 1fTf I P q "r c ~ I77 ('fT- ~~ u ~ '-a ~ ~, ~! ~~ ,~7~1 .•an aalrs LLnnnM >f MEMBERS FIRST FEDERAL CREDIT UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Members 15` Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting on that tract of land together with the buildings and improvements erected thereon located in Penn Township, Cumberland County, Pennsylvania lrnown as 1821 Walnut Bottom Road, Newville, Pennsylvania 17241. 1. Name and address of owners or reputed owners: Robert J. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 2. Name and address of defendants in the judgment: Robert J. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Members First Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Angela J. Wallak a/k/a Angela J. Betner 1821 Walnut Bottom Road Newville, PA 17241-9515 Mrs. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 I, Kazl M. Ledebohm, Esquire, attorney for the Plaintiff, Members 15` Federal Credit Union, verify that the statements made in this affidavit are tme 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 unsworn falsification to authorities. Respectfully submitted Date: October 23, 2001 SAIDIS, SHUFF, F WER & LINDSAY By: d V / azl M. Ledebohm, Esquire upreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff -x~ . MEMBERS FIRST FEDERAL CREDTI' UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 21st day of September, 2001, I, I{arl M. Ledebohm, Esquire, of the firm of SAIDIS, SNUFF, FLOWER & LINDSAY, attorneys for Members First Federal Credit Union, Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing aze attached hereto and marked as Exhibit "A". Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Members First Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Angela J. Wallak a/k/a Angela J. Betner 1821 Walnut Bottom Road Newville, PA 17241-9515 Respectfully submitted, SAIDIS, SIIUF,F, FLOWER & By:, ~~rl M. I!edebohin, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff r 6 U w ^ ~~ l ~ ~ ~~ u.a rotr~wLwla CERTIFICATE OF MAILING RKelred Iran: _ Kazl IvI. Ledebohm, Esquire Saidis, Shuff, Flower & Lindsay - 2109 Market Street - Camp Hill, PA 17011 _ ryoro dea d arAMav rnnY NAmN m: A 1't'C'IYI~CIs ~\f5`~- ~Yw'-£i.~ t.._fP~t~ ~; 1917 o~tl$. QOVamRwrrrPrli ~II ~~ m~~ LLS PU$TA~6ERWCE: `: CERT9 FICATE OF:MAILING RaceiNO Fran: Karl M. Ledebohm, Esquire Saidis, Shuff, Flower & Lindsay 2109 Mazket Street Camp Hill, PA 17011 on. Fpq of gCinerY msil a0anrrOM: ~ -- ~Rela ~'_ UJylla K allrl., A,.r_ ~_ T R. i77 tJ? I°^- r ttl N tTt L!7 f- Q ttl y t. N 7E1) Q 9 N~ U.S. POSTA4 fEtIVICE CERTIFICATE OF MAILING Recairen From: Kazl M. Ledebohm, Esquire Saidis, Shur Flower & Lindsay 2109 Mazket Street Camp Hill, PA 17011 CIQS A'7 4XA(W+~. arf L11 h t71 le. ~'A. 1`lDt3 '~ ED D011EETC A1lD 111-lfltlA71011AL EIRIL (0. lE17 a U.S. Oowrnm®m Prl~ ) \r Exhibit "A" s Fhd7.~9 f '-.-.~,,=mot ~~ ~1. :tilt-. °~"'~~' e a~` a L U -- ~~''"'~~~~3~~'I IO.IZd3S r~~ _ iy z e Lg ..b .. HOC e ,rS w a vi ~~ a w ff 0 a. vi :~. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert P Ziegler I+-------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ________________ MEMbers First Fed Cr Un --°---------°--------°--------------------------------------------- -------isthe granue 6th - the same having been sold to said grantee on the ----------------------------------------------- day of March 02 --°-__--__---- ------------------- A. D., ' __---, under and by virtue of a writ--------____-- Execution 25th ------------------------°----------------------issued on the ------------------------------------- Sept 01 day of __________________________ A. D., _____, out of the Court of Comman Pleas of said County~as of Civil O1 ------------------------------...---------------° --------------------------------- Term,: .----- 4392 Me tiers First Fed Cr Un Number--------------,atthe suit of-------°------------------------------------------------------ Robert J Wallak -----------------------------------against-------- ----'-------------------------------------- ~ 251 1368 duty recorded in Sheriffs Deed Book No.____________, Page____________. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _.,~~~ day ...~ _ Members First Federal Credit Union VS Rabert J. Wallak In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4392 Civil Term Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, states that on November 6, 2001 at 1:56 o'clock pm, EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert J. Wallak, by making known unto Robert 3. Wallak personally, at 1821 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2002 at 12:28 o'clock P.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 Robert J. Wallak located at 1821 Walnut Bottom Road, Newville, 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: Robert J. Wallak, by regular mail to his last known address of 1821 Walnut Bottom Road, Newville, PA 17241. This letter was mailed under the date of January 18, 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., E5T. He sold the same for the sum of $40,000.00 to Attorney Karl Ledebohm for Members 1St Federal Credit Union. It being the highest bid and best price received for the same, Members 1St Federal Credit Union of 5000 Louise Drive, Mechanicsburg, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $1,695.66, it being costs. Sheriff s Costs Docketing $30.00 Poundage 800.00 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.30 Certified Mail 4.41 Levy 15.00 „~-., Surcharge 20.00 Legal Search 200.00 Law Journal 232.85 Patriot News 231.90 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff s Deed 26.50 $1,695.66 Sworn and suUscribed to before me This ~~day of ~-Q 2002, A.D._C~,~ ~2taCP~,. q,Q~-•~ P othonotary / . R. Th Iomas KliCCne, S yhennriff BY JOC~z.~~yVt~t Real Estate Deputy 3a• ~ l.' G~ Ck. 3(..09 /~Y'~73L SCHEDULE OF DISTRIBUTION SALE NO. 12 Date Filed: Apri15, 20002 Writ No. 2001-4392 Civil Term Members First Federal Credit Union V5 Robert J. Wallak 1821 Walnut Bottom Road Newville, PA 17241 Sale Date: March 6, 2002 Buyer: Members 1St Federal Credit Union Bid Price: $40,000.00 Real Debt: $30,080.44 Interest: 1,658.65 Writ Costs: 122.50 Total. DISTRIBUTION $31,861.59 Amount Collected $41,000.00 Sheriff s Costs 1,495.66 Legal Search 200.00 Cumberland County Tax Claim Bureau 2577.64 Credit Writ No. 2001-4392 Civil Term 31,861.59 Credit mortgage given to Members 1St Federal 4,865.11 Credit Union So Answers: ~'~~ R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WII,L BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 12 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 aze lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JL7DGMENTS: 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 Robert J. Wallak and Angela J. Wallak, now Angela J. Bitner, formerly husband and wife, by deed dated February 28, 1992 and recorded February 28, 1992 in Deed Book "N," Volume 35, Page 667 granted and conveyed to Robert J. Wallak. OTHER EXCEPTIONS: 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. Rights or claims of parties in possession, if any, other than the owner. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in azea 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 legislative Route 35 known as the Walnut Bottom Road: 6. Rights in a 16 feet wide passage at the North end of the subject premises. 7. Mortgage in the amount of $49,600.00 given by Robert J. Wallek to Defense Activities Federal Credit Union dated February 28,1992 and recorded February 28, 1992 in Mortgage Book 1050, Page 307. Complaint filed by Members First Federal Credit Union as Plaintiff against Robert J. Wallek in the Office of the Prothonotary of Cumberland County on July 19, 2001 to file number 2001-4392. Judgment entered February 20, 2001 in the amount of $30,080.44. Mortgage in the amount of $6,243.00 given by Robert J. Wallek to Members First Federal Credit Union dated September 4,1999 and recorded September 4, 1999 in Mortgage Book 1569 Page 432. 9. Real estate taxes turned over to the Cumberland County Tax Claim Bureau. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 16. 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. ~, Note: This Title Report shall not be vaY~r binding until countersigned by an authorized signatory. REAL ESTATE SALE NO. 12 Wrtt No. 2001-4392 Civil Members First Federal Credit Union vs. - Robert J. Wallak Atty.: Kazl Ledebohm SCHEDULE A .. ALL THAT CERTAIN house and lot of ground situate in the Village of Centerville. Penn Township, Cum- berland County, Pennsylvania, _ bounded and described in accor- dance with a survey prepazed by Charles W. Junkins, Registered Surveyor, dated October 9. 1957, as follows: BEGINNING at an iron pin along the edge of L.R 35, ]mown as the Walnut Bottom Road, said iron pin also being at the comer of land now I ~ or formerly of Robert Kough; thence along said Walnut Bottom Road South 70 degrees 40 minutes West 67.51 feet to an iron pin at the cor- ner of land now or formerly of Loretta Kelso; thence North 70 de- grees 40 minutes East 67.94 feet to an iron pm at the comer of lands now or formerly of Robert Kough; thence along the lands now or for- merly of Kough South 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BEGINNING. TOGETHER with the right to use and enjoy a passageway 16 feet wide at the North end of teh lot hereby conveyed as soon as there shall be ;; astable erected thereon, and being improved with atwo-story frame . house and out buildings. 1` 3 , - MEMBERS FIRST FEDERAL CREDTI' UNION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT J. WALLAK, Defendant NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1S` Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting on that tract of land together with the buildings and improvements erected thereon located in Penn Township, Cumberland County, Pennsylvania lozown as 1821 Walnut Bottom Road, Newville, Pennsylvania 17241. 1. Name and address of owners or reputed owners: Robert J. Wallak 1821 Walnut Bottom Road NewvilIe, PA 17241-9515 2. Name and address of defendants in the judgment: Robert J. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record Lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Members Fhst Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: _~. 5, ~ " None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Angela J. Wallak a/k/a Angela J. Betner 1821 Walnut Bottom Road Newville, PA 17241-9515 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, Members ls` Federal Credit Union, verify that the statements made in this affidavit aze true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: September 20, 2001 Respectfully submitted SAIDIS, SHUFF, FLOWER & LINDSAY By: Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ~~ MEMBERS FIRST FEDERAL CREDIT UNION, Plaintiff v. ROBERT J. WALLAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 6, 2002 TIME: 10:00 a.m., prevailing time LOCATION: Cumberland County Courthouse 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: on that tract of land together with the buildings and improvements erected thereon located in Penn Township, Cumberland County, Pennsylvania known as 1821 Walnut Bottom Road, Newville, Pennsylvania 17241. THE JIIDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Members First Federal Credit Union v. Robert J. Wallak, No. 01-4392, in the amount of Thirty Thousand Eighty and 44/100 Dollars ($30,080.44), plus interest from July 4, 2001, at the rate set forth in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises unfil the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Robert J. Wallak. A SCHEDULE 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 PROPERTX. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. 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, PA 17013 (717) 249-3166 or 1-800-990-9108 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 a 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 Sheriffs 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 petifion 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 to :~ ~~ the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHLJFF, FLOWER & LINDSAY Date: By: ~------ - ~ " O ~ Karl M. edebo ,Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorneys for Plaintiff 1 SCHEDULE A ALL THAT CERTAIN house and lot of ground situate in the Village of Centerville, Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Charles W. Junkins, Registered Surveyor, dated October 9, 1987, as follows: BEGIBNIIIG at an iron pin along the edge of L.R. 35, known as the Walnut Bottom Road, said iron pin also being at the corner of land now or formerly of Robert Kough; thence along said Walnut Bottom Road South 70 degrees 40 minutes West 67.51 feet to an iron pin at the corner of land now or formerly of Loretta Kelso; thence North 70 degrees 40 minutes East 67.94 feet to an iroa pin at the corner of lands now or formerly of Robert Hugh; thence along the lands now or formerly of Rough South 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BBGIlVNING. TOGBTRER with the right to use and enjoy a passageway 16 feet wide at the North end of teh lot hereby conveyed as soon as there shall be a stable erected thereon, and being improved with a two-story frame house and out buildings. 600A~~~3O PAGE ~~3 ' SS- .:;;:: y,,,~d .. /~~ .... ... .'r''!-:t, i(S* .1 ~.?.IP.O^vYtj17'iC~j Ot V~ivUv ~~~ ....FF•~ ~:::: ;if :: P~ is a:- ... iii li 5 if= 'r'.;i,i _~ i~L/~,i.,=..~ 1.O / FYh; h; r ~~A ~~ e A ' ~ WRIT QF EX~CIlTtON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-4392 C1V1L 19 CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Members First Federal Credit Union from Robert J. Wallak, 1821 Walnut Bottom Road, Newville PA 17241. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 1821 Walnut Bottom Road, Newville PA 17241. (See attached legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to not'rfy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directedto notify hirrvherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $30, 080.44 L L $.50 Interest 7/4/01 to 3/6/02 @ $6.77/diem DueProthy 51.00 Atty's Comm % Other Costs AttyPaid $122.50 Plaintiff Paid Date: September 25,2001 CURTIS R. LONG Prothonotary, Civi Division by: U peputy REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2109 Market St. Lemoyne PA 17043 Attorney for: Plaintiff Telephone: (7817) 737-3405 Supreme Court ID No. 59012 s THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ac[ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morfow 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) 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 the Recording of Deeds in and far said County of Daup in in Miscellaneous Book "M", Volume 14, Page 317. ~ ~ 0 ~ ~ ,~ _~ PUBLICATION COPY SALE#12 n ~~ Swor is 22nd of F ary 2002 A.D. Notarlat Seal Terry L Ruas@It, Notary Pubtlc Harrisbua3, Dauptdn County My Oomralsslon Expires Jurre 6, 2002 OTARY PUBLIC Member, Pennsylvania Association of Notaries My 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 $ 230.40 Probating same Notary Fee(s) $ 1.50 Total $ 231.90 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 .................................................................... 1SQEAi. ESTATE BALE NO. 12 Wrtt No. 2001-4392 Civil Members First Federal Credit Union vs. Robert J. Wallak Atty.: Karl Ledebohm SCHEDULE A ALL THAT CERTAIN house and lot of ground situate in the Village of Centerville, Penn Township, Cum- berland County, Pennsylvania, bounded and described in accor- dance with a survey prepazed by Chazles W. Junkins, Registered Surveyor, dated October 9, 1987, as follows: BEGINNING at an iron pin along the edge of L.R 35, known as the Walnut Bottom Road, said iron pin also being at the corner of ]and now or formerly of Robert Kough; thence along said Walnut Bottom Road South 70 degrees 40 minutes West 67.51 feet to an iron pin at the cor- ner of land now or formerly of Loretta Kelso; thence North 70 de- grees 40 minutes East 67.94 feet to an iron pin at the corner of lands now or Formerly of Robert Kough; thence along the ]ands now or for- merly of Kough South 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BEGINNING. TOGETHER with the right to use and enjoy a passageway 16 feet wide at the North end of teh lot hereby conveyed as soon as there shall be astable erected thereon, and being improved with atwo-story frame house and out buildings. 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. /~ R~ M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 Pu<~~ R~Ch 5~ r.=i SHERIFF'S RETURN - REGULAR CASE N0: 2001-04392 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS FIRST FEDERAL CREDIT VS WALLAK ROBERT J CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT WALLAK ROBERT J DEFENDANT was served upon the at 1349:00 HOURS, on the 13th day of May 2002 at 1821 WALNUT BOTTOM RD NEWVILLE, PA 17241 by handing to ROBERT J WALLAK a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this // ~ day of .~v~v.Yi A.D. P othonotary ' So Answers: r~~-..E~ R. Thomas Kline 05/14/2002 SAIDIS SHUFF FLOY,~ER LINDSAY By: MEMBERS FII2ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, CUNILAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4392 ROBERT J. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE -EJECTMENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written 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 claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. _~~-~:. MEMBERS FII2ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4392 ROBERT J. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE -EJECTMENT NOTICIA Le han demandado a usted a la torte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tier veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la torte tomara medidas y puede entrar una order contra usted sin previo auiso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTfA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. s MEMBERS FIRST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4392 ROBERT 7. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE -EJECTMENT COMPLAINT IN EJECTMENT AND NOW, comes Plaintiff, Members 15` Federal Credit Union ("Members ls`"), by its attorneys, Saidis, Shuff, Flower and Lindsay and files this Complaint In Ejectment alleging in support thereof the following: 1. Plaintiff, Members 15`, is a banking organization with a principal regional office located at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Robert J. Wallak ("Defendant"), is an adult individual whose last known address is 1821 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241. 3. On or about April 16, 2002 the Plaintiff became the owner of the premises situate and known as 1821 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241 (the "Premises") by way of a Sheriff's Deed recorded in the Cumberland County Recorder of Deeds office. A copy of the Sheriff s Deed is attached hereto as Exhibit "A" and made part hereof. 4. Despite repeated demands, the Defendant remains in the Premises and refuses to vacate. WHEREFORE, Plaintiff, Members ls` Federal Credit Union, respectfully requests this honorable Court to enter an Order for Possession of the Premises known and numbered as 1821 3 Walnut Bottom Road, Nevwille, Cumberland County, Pennsylvania 17241 in favor of Plaintiff and against Defendant, Robert J. Wallak, plus fees and costs of this suit. Respectfully submitted, SAIDIS, SHUFF ..FLOWER & LINDSAY Date: y ~-~OZ-- By: 1 I I' 1 M. ebohm, Esquire upreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 4 ;._~ ~. ~ . i~.~ U v F ' "Know all M~ti by these Presents That I, R. Thanas Kline Sheriff of the Couney of Cumberland in the State of Pennsylvania, for and in consideration of the sum of ~ 000.00 Fnr}v Thnnaand dollars, to me in hand paid, do hereby grant and convey to Members 1st Federal Credit Union REAL ESTATE SALE No. 12 Writ No. 2001-4392 Civil Term Members First Federal Credit Union vs Robert J. Wallak Atty: Karl Ledebohm DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Village ~ ~_ of Centerville, Penn Township, .IV ~ _ : Cumberland County, Pennsylvania, . ~ ~ ; ~- bounded and described in actor- ~ :rn: '` dance with a survey prepared by -`~'~ ~~ `" - Chazles W. lunkins, Registered t-. °' ~ ''" Surveyor,dated October 9,1987, as v follows: ,"~ BEGINNING at an. iion pis ~j ~ ,, along the edge of L.R. 35, known ~ ~ -. as the Walnut Bottom Road, said iron pin also being at the comer of ~ ~ ;~, land now or formerly of Rbbert --t ;-~~ ~ _ ~ ~ ~ Kough; thence along said Walnut c ' ~7 ~ " " Bottom Road South 70 degrees 40 ~ ~ ' ~.~ minutes Wes[ 67.51 feet [o an iron _" pin at the comer of land now or for- merly of Loretta Kelso; thence North 70 degrees 40 minutes East 67.94 fee[ to an iron pin at the cor- ner of lands now or formerly or Robert Kough; thence along the lands now br formerly of Kough South 19 degrees 40 minutes East 146.0 fee[ [o an iron pin, the place of BEGINNING. TOGETHER with [he right to use and enjoy a passageway 16 feet wide at the North end of the lot hereby conveyed as soon as there shall be a stable erected thereon, and being improved with atwo-stoiy - frame house and out buildings. f ^l z; In Witness Wheteof, I have hereunto affixed my signature this 16th day of and (20 02 ) Domini two thousand ~°~~ ~. R. Thomas Kline, Sheriff Commonwealth of Pennsylvania, ss. COUNTY OF CUI~ERLAND Before the undersigned, Prothonotary Curtis R. Lohg of the Court of Common Pleas of Cumberland County Pennsylvania, personally appeazed R. Thomas Kline Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts set forth in the foregoing Deed are true, and that he acknowledged the same in order that said deed might be recorded: Witness my-hand and seal of said Court, this 16th day of April Anno Domini two thousand and two ~ 20 02 ~ NOTARIAL SEi.AL PROTHONOTARY, NOTARY PUBLIC CAALSI.E CUMBERLAND COUNTY COURT HDUSE FAY COMMISSION EXPIRES JANUARY 2, 2006 I hereby certify that the residence and Post Office address of the within Grantee is 5000 Louise Drive Mechanicsburg, PA 17055 s~ "olicito ~ Certify this to be retarded In Cumberland County I'A °' "4•. 7° ~, 4 ; ~.o. i ~~;c.,~r?~r elf Deeds Dt"~C~k ~v.~ ?hGE~,~ e 7177373407 BRIDIB SHl1FF MRSLRND 363 P05 APR 30 '02 08:06 MEMBERS FIRST FEDERAL : IlV THE COURT OP COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTV, PENNSYLVANIA Plaintiff v. : NO. 01-4392 ROBERT I. WALLAK, CIVII. ACTION -LAW Defendant :MORTGAGE FORECLOSURE - E7ECTMENT VERIFdCATION I, Pat Minnich, Collections Supervisor, for Members 1" Federal Credit Union, being authorized to do so on behalf of Members 161 Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct W the bast of my inforrnatirsn, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswarn falsification to authorities. MEMBERS 1sT ERAL C DIT UNION Date: ,s". 6 ~ a2_ By: _. Pat Minnich Collections Supervisor 7177373407 SAID MEMBERS FIRST FEDERAL CRED[T UNION, Plaintiff v, ROBERT 7. WALLAK, Defendant [S SHLIFF MASLRND 363 P05 APR 30 '02 08:06 IN THE COURT OP COMMQN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVII. ACTION -LAW MQRTdAGE FQR.ECLOSURE - E.IECTMENT VERIFICATION I, Pat Minnich, Collections Supervisor, fqr Members 1" Federal Credit Union, being authorized to do so on behalf of Members 1`~ Federal Credit Union, hereby verify that the statements made in the foregoing pleading are tree and correct to the bast of my infomtatiRn, knowledge and belief: I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsiCcation to authorities. MEA'IBER91sT ERAI. C DrT UNION Date: ~r" ~ r ~'~._ By: Pat Minnich Collections Supetvisar ~ MEMBERS FIRST FEDERAL CREDTI' UNION, Plaintiff v. ROBERT J. WALLAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE-EJECTMENT PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of Members First Federal Credit Union, Plaintiff, and against Robert J. Wallak, Defendant, for possession of the property known and numbered as 1821 Walnut Bottom Road, Newville, Pennsylvania 17241. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Robert J. Wallak, to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Respectfully submitted, SAIDIS, 5HUFF, FLOWER & LINDSAY Date: ~',.- ~ 9 ,-42~ By:, Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff I hereby certify that a notice of intent to take a default judgment was forwarded to Robert J. Wallak by United States Mail, First Class, postage prepaid on June 7, 2002. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 are attached hereto and marked Exhibits "A'~nd "B", respectively. ..~~,„. . .~,. ° MEMBERS FIlZST FED)/nAL CREDIT UNION, Plaintiff v. ROBERT J. WALLAK, Defendant TO: Robert J. Wallak 1821 Walnut Bottom Road Newville, PA 17241-9515 IN THE COURT Gr COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4392 CIVIL ACTION -LAW MORTGAGE FORECLOSURE -EJECTMENT IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIlZED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WTI'HOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 Baz Association 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: June 7, 2002 ~arl M. LedelSohfn, Esqun Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff b ~ <<~ ~, ~~h~ ~~ ~J~ ~ 1. ~~ uS. VOBTAL YERVICE CERTIFICATE OF MAILING "~s4dPS', Shuff, Ffower & Linds; e ~~~~ 1,~c..1\c~K 1~~1 1,~1r\~-~`` t~t~ FOR I/~IIRANCE DOMFtTICN nOMAL ~ rs P1~ >m17 tr U.S. ©oWInnIBn2 Pn ulnr laze I j ~.. i is -, -; >~~~_; 'z +,.; I zv . n!t.:J $ z':, iix~ A ' r igc ~d ii ~f': MEMBERS F1RST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4392 ROBERT J. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE -EJECTMENT PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a writ of possession in the above matter. Respectfully submitted, SAIDIS, SNUFF, FLOWER &i LINDSAY Date: By: G~(2-oZ arl M Ledebohm, Esquire Supreme Court ID#59012 2109 Market Street Camp Hill, PA 17011 (717)737-3405 Attorney for Plaintiff ,., MEMBERS FIItST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-4392 ROBERT J. WALLAK, :CIVIL ACTION -LAW Defendant :MORTGAGE FORECLOSURE -EJECTMENT WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Members First Federal Credit Union, and/or its agent or designee: The property lrnown and numbered as 1821 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241, as more particularly described on Exhibit "A" attached hereto. (2) To satisfy the costs against N/A you are directed to levy upon any property of N/A and sell his or her interest therein. Prothonotary Seal of the Court Date: -~: ~. . SCHEDULE A ALL TEAT CERTAIN house and lot of ground situate is the Village of Centerville, Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey prepared by Charles W. Junkins, Registered Surveyor, dated October 9, 1987, as follows: BEGINNING at an iron pin along the edge of L.R. 35, known as the Walnut Bottom Road, said iron pin also being at the corner of land now or formerly of Robert Kough; thence along said Walnut Bottom Road South 70 degrees 40 minutes West 67.SI feet to an iron pin at the corner of Land now or formerly of Loretta Kelso; thence North 70 degrees 40 minutes East 67.94 feet to an iron pin at the corner of lands now or formerly of Robert Dough; thence along the lands now or formerly of Kough Sauth 19 degrees 40 minutes East 146.0 feet to an iron pin, the place of BEGINNIIZG. TOGETHER with the right to use and enjoy a passageway 16 feet wide at the North end of teh lot hereby conveyed as soon as there shall be a stable erected thereon, and being improved with a two-story frame house and out buildings. 900K 1050 PAGE 3~3 ,.-i a ~~.-;:,,;~vl~~3„i8 a SS- . ,:.,:; ~nr 7h~?.fe(;OCfjiRC,,' of Dsa~s ~%,-i it p:,aS ':':! (?i=f`-i:4 '-~: ~.....i i)f iTiiCr^ 8j--- % ~: ~~~3~e, t~r:, _;,;, _, a~ ,s R..h; h; ~ ~~e„ ~~ _. , a==~ _ c;,~> ~~ :~-~ -_ ,j:. ~: ~~' ~_ ~ -, ~ a ro ro ~ a n ,-~ o 0 a ~~ cz ~ y n Y ~ ~ ~ ' H ~ ~ ~ r ~ R ~ y ~7 ~ ~ N ~O p C D ~ m ~~ ~ n I.j O ~' tg rQ ~ H ~ (~y n C G ~ b b y~ ~ ~O ~; rrt y a ~~ ~ ro roo ~, °~ ~, io ~ yO .~ ~ rt w. ~ ~ ~ ~ ~ VC `~° om::, ~ ~ ~ r~~ ro ~ ~ r N N n O H n a. ss ~ s9 ~ ~ "b ~C r" ~ 9 ° C" ~ Y ~ z ~ ~ O o ~ 0 By virtue of this writ, on the 25th day of July 2002 I caused the within named Members First Federal Credit Union , to have possession of the premises described ~~~€~ 1821 Walnut Bottom Road, Newville, PA 17241. Sheriff's Costs: Advance Costs: 100.00 Docketing: 18.00 Sheriff's Costs: 77.41 Poundage: 1.51 •~ Prothonotary 1.00 Milage 6_.9.0_ Refunded to Atty: 7/25/02 Possession 3 Surcharge 20.00 -~~ So Answers,r Sworn and subscribed to before me this / 4 ~ ~' day of , 2va.L s ri ____s~'~v- ~ By o` Prothonotary ~ ~ fk s~wti