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FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601:
The undersigned attorney is attempting to collect a
debt owed to the Plaintiff, and any information
obtained will be used for that purpose. The amount
of the debt is stated in this Complaint. Plaintiff
is the creditor to whom the debt is owed. Unless
the Debtor, within thirty (30) days after your
receipt of this notice disputes the validity of the
aforesaid debt or any portion thereof owing to the
Plaintiff, the undersigned attorney will assume
that said debt is valid. If the Debtor notifies
the undersigned attorney in writing 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.
PURCELL, KRUG & HALLER
Leon P. Haller, Esquire
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID #15700
Attorney for Plaintiff
FIRST UNION NATIONAL BANK : IN THE COURT OF COMMON PLEAS
AS TRUSTEE FOR PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
: NO. 9q- .SOY`( ??-
vs.
: CIVIL ACTION - LAW -
EDWIN H. FLECK AND JUDYTH : IN MORTGAGE FORECLOSURE
E. FLECK
Defendants
C O M P L A I N T
1. Plaintiff, FIRST UNION NATIONAL BANK AS TRUSTEE FOR
PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust
Indenture dated as of April 1, 1982 ("Trust"), is a National
j Association with a servicing agent of Pennsylvania Housing Fiance
Agency, with an address of 2101 North Front Street, Harrisburg.
Pennsylvania 17105.
2. Defendant, EDWIN H. FLECK, is an adult individual whose
last known address is 515-517 THIRD STREET, WEST FAIRVIEW,
PENNSYLVANIA 17025. Defendant, JUDYTH E. FLECK, is an adult
individual whose last known address is 515-517 THIRD STREET, WEST
FAIRVIEW, PENNSYLVANIA 17025.
3. On or about August 31, 1994, the said Defendants
executed and delivered a Promissory Note ("Note") in favor of
FULTON BANK ("original Mortgagee") in the principal amount of
$38,000.00, the proceeds of which were used to purchase a
residential property located at 515-517 THIRD STREET, WEST
FAIRVIEW, PENNSYLVANIA 17025. A copy of the Note is attached
hereto and marked Exhibit "A".
4. Contemporaneously with and at the time of the execution
of the aforesaid Mortgage Note, in order to secure payment of the
same, Defendants made, executed, and delivered to original
Mortgagee, a certain real estate Mortgage which is recorded in
the Recorder of Deeds office of the within County and
f
Commonwealth in Mortgage Book 1231, Page 215 conveying to
original Mortgagee the subject premises. The Mortgage was
subsequently assigned to CORESTATES BANK, N.A. and recorded in
the aforesaid County in Mortgage Book 489, Page 624 on January
4
17, 1995. The Assignment was re-recorded to correct the Date on
the Prior Assignment in Mortgage Book 489, Page 624. The
mortgage was subsequently assigned to MELLON BANK, N.A. and
recorded in the aforesaid County in Mortgage Book 535, Page 747
on November 26, 1998. The Mortgage was subsequently assigned to
FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING
FINANCE AGENCY and will be sent for recording. Said Mortgage and
Assignments are incorporated herein by reference.
5. The land subject to the Mortgage is: 515-517 THIRD
STREET, WEST FAIRVIEW, PENNSYLVANIA 17025 and is more
particularly described in Exhibit "B" attached hereto.
6. The said Defendants are the real owners of the land
subject to the Mortgage.
7. The Mortgage is in default due to the fact that
Mortgagors have failed to pay the installment due on December 1,
1998 and all subsequent installments thereon, and the following
amounts are due on the Mortgage:
36,478.98
(a) Unpaid principal balance $
(b) Interest at $8.06 per day
from 11/1/98 to 6/1/99 1,708 72
(based on contract rate of 7.950%)
232.07
(c) Accumulated Late Charges
(d) Late charges at $13.88 97.16.
per month for 7 months
Escrow Credit 270.38
W 5% Attorney's Commission
1,823.95
$ 40,611.26
*Together with interest at the per diem rate noted in (b) above
after June 1, 1999 and other charges and costs to date of
Sheriff's Sale.
The attorney's fees set forth above are in conformity with
the Mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the Mortgage is reinstated prior to the sale,
reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any
jurisdiction.
9. Notice of Intention to Foreclose has been sent to
Defendants by Certified Mail, as required by Act 6 of 1974 of the
Commonwealth of Pennsylvania, on the date set forth in the true
and correct copies of such notices attached hereto as Exhibit
11C11
10. Defendants are not members of the Armed Forces of the
United States of America, nor engaged in any way which would
bring them within the Soldiers and Sailors Relief Act of 1940, as
amended.
. 11. Plaintiff has complied with the procedures required by
Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage
Assistance Payments Program) and Defendants have either failed to
meet the time limitations as set forth therein or have been
determined by the Housing Finance Agency not to qualify for
assistance.
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WHEREFORE, Plaintiff demands judgment in Mortgage
foreclosure "IN REM" for the aforementioned total amount due
together with interest at the rate of 7.950 ($8.06 per diem),
together with other charges and costs including escrow advances
incidental thereto to the date of Sheriff's Sale and for
foreclosure and sale of the property within described.
PURCELL, K & HALLER
By
Leon Haller
Attorney for Plaintiff
I.D. ##15700
1719 N. Front Street
Harrisburg, Pa. 17102
(717) 234-4178
NOT
August 31 ,19 94 HARRISBURG
Isiml PENNSYLVANIA
pli"I 0
Ifiue70
515 L 51'1 THIRD STREET, WEST PAIRVIEM, PENNSYLVANIA 17
114mpenv Addres,l
1. BORROWER'S PROMISE TO FAY .
In return for a loan dint I have received, [ promise In pay U.S.$ 38, 000.00 (11113 mnuunl is called
"principal"), plus interest, W the order of die Lender. llho lender Is
PULTON BANK I understand
dial the Lender may transfer this Note. Tim Lender or anyone who takes this Note by transfer and who is endued ar
receive payments under this Note is called die "Note Holder,"
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate Of 7.950%. -
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Nate.
3. PAYMENTS
(A) Time and Pin" of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1ST day of each month beginning on October 1
1994 . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that 1 may owe under this Note, My monthly payments will be applied to interest before principal. If, on
September 1 2024 , I still owe amounts under this Note, 1 will pay those amounts in full on that date,
which is called the "maturity date,"
I will make my monthly payments at P. O. BOX 4887, LANCASTER, PA 17604
or ate different place if required by the Note Holder.
(11) Amount or Monthly payments
My monthly payment will be in the amount of U.S.S 277.51
4. BORROWER'S RIGIIT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is
known as a "prepayment." When 1 make a prepayment, I will tell the Note Holder in writing that I am doing so.
1 may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I owe under this Note. If 1 make a partial
prepayment, there will be no changes in the due dam or in the amount of my monthly payment unless die Note Holder
agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this Imut and which sets maximum loan charges, is finally interpreted sa that the interest
or other Iran charges collected or to be collected in connection with this loan exceed the Pertained limits, then: (i) any
such loan charge shall be reduced by the amount necessary to reduce die charge to the permitted Iimig and (ii) any sums
already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make
this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces
principal, the reduction will be treated as a partial prepayment
6. BORROWER'S FAILURE. TO FAY AS REQUIRED
(A) Late charge for Overdue Payments
If the Note Holder has not received die full amount of any monthly payment by die end of 15 "cridar
days after the date it is due, I will pay a late charge to die Note Holder. The mnount of the charge will k 5.000 % of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment
(11) Default
If I do not pay the full amount of each monthly payment on the date it is due., I will be in default
(C) Notice or Default
If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, die Note f lHoder may require me to pay immediately the full amount of principal which has not been paid
and all the interest that I owe on that amount That dale must be at least 30 days alter the date on which the notice is
delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default the Note Holder does not require me to pay immediately in full as describc4l
above, the Note Holder will still have the right in it,, so if i am in default at a late time.
(F,) Payment or Note Holder's Costs and Ftl rnses
If the Note Holder has required me to pay immediately in full as described above, die Note Holder will have the
right to be paid back by me for all of its costs :no expenses in enforcing this Naie al the extent not prohibited by applicable
law. Tense expenses include, for example, reaumable almmcys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different mrthlal, my notice that muss he given cal me under this Note will be given
by delivering it or by mailing it by heel class mail o me at the Property Address above or m a different address if 1 give the
Note I [older a notice of my difrcut address
Any notice that must be given m die Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder m the address stated in Secdou 3(A) alosr ar W. a different address it I am given a notice of that different
address.
. ? "By initialing, the Borrower(s) m'knawledge(%) dial this page is page I of 2
1";,;.,, of the Mulugate Fixed Rate Note."
"Smalrfamily - FNMAtFHLMC UNIFORM INSTRUMENT Form 320011183
V.u I.,. I.. 1..1. ¦uss I W nl" O W task I" NQ Lift nhri rn l 9h
r-yl I iii If kA ff
X. 0IILIOA71ONS OF PERSONS UNDER -1.1118 NOTI,.
If more din one person signs Oils Nine, each Ixrsun is fully and Iterotnally obligated in keep all or die promises
made in this Note, including die promise it) pay the full amount owed. Any person who is a gummhtor, surety or endorser
of this Nine Is also obligated In da these things, Any IMtson who takes over these obligations, including die obligations of a
guarantor. surety or endorser of this Note, is also obligicd In keep all of de promises made in this Nola l,he Note Holder
may enforce its rights under this Note against each person individually or against all of its together, This means that any
one of us may be requital 11) pay all of die anmunts owed under this Note.
9. WAIVERS
I and any other person who Ito obligations wider this Note waive die rights (if presenunent and notice of dishonor.
"I' senunent" means die right to require de Note Holder to demand payment of amounts due. "Notice of dishonor"
means the right to mluire die Note Holder to give notice to other persons that amorous due have not been paid.
10. UNIFORM SECURED NOIT'
This Note is s uniform instrument wits limited variations in somcjuritdirtions. In addition to the pmteedons given
to the Note Holder under this Note, a Mortgage, Dmd of Tmsl or Security Decd (de "Security Insuumenl" ), dated die
same date as this Note, protects die Note Holder from possible losses which might result if I do not keep the promisor
which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make
immediate payment in full of all amounts I owe under this Note. Some of those conditions we described as follows:
Transfer of she Property or a Beneficial Interest In Borrower. If all or any part of de Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or oatisfemel and
Borrower Is not a natural person) without lender's prior written consent. Lender atay, at its option, require
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if exercise is prohibited by federal law its of de date of this Security Instrument.
If Lender exercises Oils option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from die date the notice is delivered or mailed within which
Bnmower must pay all sums secured by this Security Instrument. If Borrower fails tat pay these sums prior to
the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
r WITNESS THE HAND(S) AND SEAL(S) OF T! III UNDERSIGNED. /
1W -
r I IN H. FLECK - (Sea])
/ YTN7. FLECK eolro..?
PAY NITIIOOr RECOURSE, TO 'fTIE OURIST /
BANK N.A. AS TRUSTEE UNDER A TRUST IND.. Wl E- - (Scad)
OF TIIE PENNSYLVANIA ROUSING FINANCE AGENCY a
DATED AS OF APRIL 1, 1982.
( ...
F UL70N BW 'a
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I Sign Original Only/
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" Pay Without Recourse to the order of
.TI.3gNIF
FR D. GOLDBACH
RrSIDrMIAL MORTGAGE OFFICE, MELLOIN N.A. AS TRUSTEE
t1nCi?r d? ; '!um, of i axt with
dead
s Gt Apl 1,'1382_
Conot:- Ins as t3'ank NA
LESIE B. UNDSEY....
ytiu? ?l;cotPGl?j
`i "ply initialing, de Bonower(s) acknowledgr(s) that this page is page 2 of 2
tnnld.-- inn W, of the Multistate Fixed Rate Note.'
r... astir Pun e.1.1w1 mm u.n wn... r„..'R i uu rroo nsanruw r.ue.eu xeoru nm.n In,
Title No, 11737.
SCHEDULE "C"
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of ground situate in the Borough of West Fairview, Cumberland County,
Pennsylvania, more particularly bounded and described according to survey of willism E. Sees, Jr., Professional
Engineer, dated May 13, 1960, as follows:
BEGINNING at a point on the Northeasterly side of Third Street one hundred thirty-five (135) feet Northeastwardly from
the Northeast corner of the intersection of Third Street and Locust Street; thence Northeastwardly along the
Northeasterly side of Third Street fifteen (15) feet to a point; thence North 56 degrees 30 minutes East along line of
land known and numbered as 517 Third Street, one hundred thirteen (113) feet to a point on the Southwesterly line
of a twenty-feet wide alloy; thence South 35 degrees 45 minutes East along same fifteen (15) feet to a point; thence
South 56 degrees 30 minutes West through the center line of a partition wall between premises herein described and
premises 513 Third Street and beyond, one hundred thirteen and forty-two one-hundredths (113.42) feet to a point,
the Place of BEGINNING.
HAVING thereon erected a two and one-half story frame dwelling known as No. 515 Third Street.
BEING PARCEL NO. 2 of premises which Lloyd S. Myers and Ellen Myers, husband and wife, by deed dated November
16, 1966 and recorded November 17, 1966 in The Recorder of Deeds Office in and for Cumberland County,
Pennsylvania, in Deed Book E, Volume 22, page 237, granted and conveyed unto Adelbert Wood.
ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, County of Cumberland and State
of Pennsylvania, bounded and described as follows:
BEGINNING at a point 150 feet north of Locust Street along the eastern side of Third Street at a corner of lot now or
late of S. B. Shoop; thence northwardly along Third Street 15 feet to the center of lot No. 41, thence eastwardly
through the center of said lot, 112 feet, more or less, to an alley; thence southwardly along said alley, 15 feet to lot
now or late of Oliver Frovrig; thence westwardly along said Frovrig lot, 113 feet, more or less, to the place of
BEGINNING.
BEING the southern half of Lot No. 41 as shown on the Plan of May's Second Assition to West Fairview as recorded
in Plan Book 1, page 54, Cumberland County Records.
BEING PARCEL NO. 2 which Sheryl D. Hummel, also known as Sherly D. Hummel, single, by deed dated March 1, 1979
and recorded March 2, 1979 in The Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed
Book H, Volume 28, page 810, granted and conveyed unto Adelbert M. Wood, single.
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tot the recording of Decd5
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,I, tad'z++ seal of olf?ce,,o[_ /?'?((.
ti,is .1- .--day o JrY9k-?9 -'19L
t[•; ,i rz??s 535 AGE 7•16
C
PENNSYLVANIA HOUSING FINANCE AGENCY
Single Family Programs Division
2101 North Front Street
P.O. Box 8028
Harrisburg, Pennsylvania 17105-8028
(717) 780-3870
TDD For The Hearing Impaired Only -(717)780-1869
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
February 25,1999
RE: Account NO: 521948
EDWIN H FLECK
JUDYTH E FLECK
515 & 517 THIRD STREET
WEST FAIRVIEW PA 17025
RE: 535 & 517 THIRD STREET
W. FAIRVIEW PA 17025
Dear Occupant(s):
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by CORESTATES BANK, NA, TRUSTEE FOR
PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on
your property located at 535 & 517 THIRD STREET W. FAIRVIEW PA 17025
IS IN SERIOUS DEFAULT because you have not made the monthly payments
of 341.00 for December 01, 1998 through February 01, 1999 for a total
of $1,313.00, plus late charges and other charges that have accrued
to this date in the amounts of $41.64 and $.00 respectively. The
total listed below includes any fees (inspections or securing) that
needed to be completed. 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 $1,517.31.
You may cure this default within thirty (30) DAYS of the date of
this letter, by paying to us the total amount of $1,517.31, plus
any additional monthly payments, expenses and late charges which
may fall due during this period. Such payment must be made either by
cash, cashier's check, certified check or money order and made at
PENNSYLVANIA HOUSING FINANCE AGENCY
2101 NORTH FRONT STREET/P.O. BOX 8028
HARRISBURG, PA 17105-8028
(717) 780-3870/3871 or 1-800-822-7375
or TDD# For Hearing Impaired (800) 346-3597
If you do not cure the default within THIRTY (30) DAYS,
we intend to exercise our right to accelerate the mortgage payments.
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 your mortgaged property.
1);•t
the
solu oy cne bnerlrr to pay Orr cne mortgage Q2AL. lL 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, actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have
to pay the reasonable attorney's fees, even if they are over $50.00.
Any attorney's fee 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 required to pay at-
torney'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
o one nour oerore
estimated that the earliest date that such a Sheriff's sale could be
held would be approximately five months from the date of this Notice.
A notice of the date of the Sheriff 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 payment will be by calling us at the following
number: 717-780-3870. This payment must be made payable 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 Sheriff's 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 Sheriff's 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 THIS 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 TO A BUYER OR
TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE
OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID
PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE
MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES 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 occured. However, you are not
entitled to this right to cure your default more than three times in
any calendar year.
You have the right to assert in any foreclosure proceeding or
any other lawsuit instituted under the mortgage documents, the
nonexistence of a default or any other defense you believe you may
have to any such action.
If you maintain credit, life or disability insurance in
connection with your mortgage loan, your failure to pay premiums with
your payments may have already resulted or may result in the future
in the lapse or a cancellation of that insurance by the insurance
company. If the insurance lapses or is cancelled, reinstatement of
the loan will not reinstate the insurance, and you will have to apply
to the insurance mpany and qualify for rep_ :ement insurance if you
wish to retain it.
If you make partial payments on account of the delinquencies, we
may accept them and apply them to the delinquencies. However, such
partial payments will not cure your default or reinstate your loan.
The loan will not be r restated unless we receive the entire amount
required to cure the default.
Sinc ly,
l 'th? r jjm?'
Mr. Thomas L. Gouker
Mortgage Foreclosure Officer
PENNSYLVANIA HOUSING FINANCE AGENCY
2101 North Front Street/ P.O. Box 8028
Harrisburg, PA 17105-8028
TLG/j rd
P 973 939 712 P 973 939 694
TO: TO:
EDWIN H FLECK JUDYTH E FLECK
515 & 517 THIItD STREET 515 & 517 THIRD STREET
WEST FAIRVIEW, PA 17025 WEST FAIRVIEW, PA 17025
SENDER: MG SENDER: MG
REFERENCE: 521948 REFERENCE: 521948
US Postal Service
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POSTMARK OR DATE
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US Postal Service
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Postage $
Certified Fee
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RE 521948
SENDERMG
JUDYTH E FLECK
515 & 517 THIRD STREET
WEST FAIRVIEW, PA 17025
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US Postal Service
Receipt for Certified Mail
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I also wish to receive the
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Consult postmaster for fee.
4a. Article Number
P 971!3 939 694
4b. Service Type 9 CERTIFIED
5'
0751
VERIFICATION
Donald J. Plunkett hereby states that he is the Assistant Executive
Director for Single Family Programs of the Pennsylvania Housing Finance
Agency, mortgage servicing agent for Plaintiff in this matter, that he is
authorized to take this Verification, and that the statements made in the
foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of his knowledge, information and belief. The undersigned understands
that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unswom falsification to authorities.
&'?? R"4,*
Donald J. Plunkett Assistant Executive Director for Single
Family Programs
PFSABMMA ME= FDAa M M LY, S00MG POSIT FM
MU LNM KATIOAL MW PS 3J32MI2 TRBM KR 721E
Date: w 17, 1999 PENE NUA HIBUG FRTM AMCY
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
J FIRST UNION NATIONAL BANK
!i VS.
FLECK EDWIN H ET AL
RICHARD SMTIH Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
I to law, says, the within NOTICE AND COMPLAINT IN
was served
upon FLECK EDWIN H
defendant, at 14:15 HOURS, on the 26th day of May the
1999 at 515 THIRD ST
WEST FAIRVIEW, PA 17025
,CUMBERLAND ,
County, Pennsylvania, by handing to PATRICIA FLECK (MOTHER)
a true and attested copy of the NOTICE AND COMPLAINT IN
' together with MORTGAGE FORECLOSURE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 9,92
Affidavit .00
Surcharge 8.00
a e, eri
$7573=pu$ML KRUG &. HALL
05/27111499
by 7
it ?.?u ii
Sworn and subscribed o before me
this f -4= day of
1.474 9 A.D.
i
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03044 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS.
FLECK EDWIN H ET AL
RICHARD SMITH Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT IN was served
upon FLECK JUDYTH E the
defendant, at 14:15 HOURS, on the 26th day of May
1999 at 515 THIRD ST
WEST FAIRVIEW, PA 17025 CUMBERLAND
County, Pennsylvania, by handing to PATRICIA FLECK (MOTHER OF
EDWIN)
a true and attested copy of the NOTICE AND COMPLAINT IN
together with MORTGAGE FORECLOSURE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 8.00 R- TI13m-K i fi?Fifg--
$14.UU-0U CE7 Ly9KRUG & HAL*R
i
by
SneriZ'f- o
r
Sworn Xf- ubscribed t before me
this dayof
19Tf?__ A.D. ' f
/ n n
?7
FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
P R A E C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendants Edwin H. Fleck and Judyth E. Fleck for failure
to plead to the above action within twenty (20) days from date of
service of the Complaint, and assess Plaintiff's damages as
follows:
Unpaid principal balance $36,478.98
Interest $ 1,708.72
(Per diem of $8.06
from 11/1/98 to 6/1/99)
Accumulated late charges and
Late charges $ 329.23
($13.88 per month to 6/99)
Escrow Credit $ 270.38
596 Attorney's Commission S 1.823.95
TOTAL $40,611.26**
** Together with additional interest at the per diem rate indicated
above from June 1, 1999, based on the contract rate, and other
charges and costs to the date of Sheriff's Sale.
PURCELL, KRUUG?&HAHALLER
By--
Haller PA I.D. #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
Vs.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I hereby certify that on August 24, 1999 I served the Ten Day
Notice required by Pa. R.C.P. 237.1 upon the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
PURCELL, KRUG & ?LER
By Leon P." Haller PA I.D. #15700
Attorney for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
Dated: September 3, 1999
FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
Vs.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
DATE OF THIS NOTICE: August 24, 1999
TO: EDWIN H. FLECK
515 THIRD STREET
WEST FAIRVIEW, PENNSYLVANIA 17025
JUDYTH E. FLECK
515 THIRD STREET
WEST FAIRVIEW, PENNSYLVANIA 17025
THIS LAW FIRM IS A DEBT
TO COLLECT A DEBT OWED
OBTAINED FROM YOU WILL
COLLECTING THE DEBT.
COLLECTOR AND WE ARE ATTEMPTING
TO OUR CLIENT. ANY INFORMATION
BE, USED FOR THE PURPOSE OF
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL.HELP.:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
PURCELL, KRUG LLER
By
Leon P. Haller
Attorney for Plaintiff
I.D. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
(717) 234-4178
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FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby notified that on ? "Ah 1990 the
following judgment has been entered against you in 'the above-
captioned matter:
$40,611.26 and for the sale and foreclosure of your property
located at: 515-517 Third Street, West Fairview, PA 17025
Dated:-s" s"", 199q
is/ C,3"Nl _, P"
PROTHONOTARY
Attorney for Plaintiff:
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4178
I hereby certify that the following person(s) and their respective
addresses are the proper individuals to receive this Notice
pursuant to PA R.C.P. No. 236:
Edwin H. Fleck
515 Third Street
West Fairview, PA 17025
Judyth E. Fleck
515,Third Street
West Fairview, PA 17025
s ?
FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS
AS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS. NO. 1999-03044
EDWIN H. FLECK AND JUDYTH CIVIL ACTION - LAW -
E. FLECK IN MORTGAGE FORECLOSURE
Defendants
P R A E C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendants Edwin H. Fleck and Judyth E. Fleck for failure
to plead to the above action within twenty (20) days from date of
service of the Complaint, and assess Plaintiff's damages as
follows:
I Unpaid principal balance $36,478.98
11 Interest $ 1,708.72
(Per diem of $8,06
from 11/1/98 to 6/1/99)
Accumulated late charges and
Late charges $ 329.23
($13.88 per month to 6199)
Escrow Credit $ 270.38
51; Attorney's Commission $ 1,823.95
TOTAL $40,611.26**
{ ** Together with additional interest at the per diem rate indicated
above from June 1, 1999, based on the contract rate, and other
charges and costs to the date of Sheriff's Sale.
PURCELL, KRUG & HALLER
By ?-
La?P. Haller PA I.D. #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
J
FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
vs
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW _
IN MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
P.R.C.P, 3180-3183
TO THE PROTHONOTARY:
Issue Writ of Execution in the above matter on the real estate
located at 515 Third Street, West Fairview, PA 17025 as follows:
Amount due pursuant to Judgment
Interest
(Per diem of $8.06 from
6/1/99 to 12/8/99)
Late Charges at $13.88
(6/99 to 12/99)
Escrow deficit
TOTAL WRIT
$ 36,478.98
$ 1,531.40
$ 83.28
$ 1_ 500 00
$ 39,593.66**
** Together with any additional interest, charges and costs to the
date of Sheriff's Sale.
By
Dated: September 3, 1999
LEON P. FfPLLER I.D. #15700
ATTORNEY FOR PLAINTIFF
1719 North Front Street
Harrisburg, PA 17102
(717) 234-41.78
Attached is a description of the real estate.
LEGAL DESCRIPTION
ALL IUAT CERTAIN tract or parcel of ground situate in the Borough
of West Fairview, Cumberland County, Pennsylvania, more
particularly banded and described according to survey of William
E. Sees, Jr., Professional Engineer, dated May 13, 1960, as
follows:
TRACT 1:
BEGINNING at a point on the Northeasterly side of Third Street one
hundred thirty-five (135) feet Northeastwardly from the Northeast
corner of the intersection of. Third Street and Locust Street;
thence Northeastwardly along the Northeasterly side of Third
Street (15) feet to a point; thence North 56 degrees 30 minutes
East along line of land known and numbered as 517 Third Street,
one hundred thirteen (113) feet to a point' on the Southwesterly
line of a twenty-feet wide alley; thence South 35 degrees 45
minutes East along.same fifteen (15) to a point; thence South 56
degrees 30 minutes West through the center line of a partition
wall between premises herein described and premises 513 Thrid
Street and beyond, one hundred thirteen and forty-two
one-hundredths !113.42) feet to a point, the. place of BEGINNING.
Having thereon erected a two and one-half story frame dwelling
known as No. 515 Third Street.
THACr 2:
BEGINNING at a point 150 feet north of Locust Street along the
eastern side of Third Street at a corner of lot now or late of
S.B. Shoop; thence northwardly along Third Street 15. feet to the
center of lot No. 41 „ thence eastwardly through the center of
said lot, 112 feet, more or less, to an alley; thence southwardly
along said alley, 15 feet to lot now or late of Oliver Frovrig;
thence westwardly along said Frovrig lot, 113 feet, more or less,
to the place of BEGINNING.
BEING the southern half of Lot No. 41 as shown on the Plan of
May's Second Addition to West Fairview as recorded in Plan Book 1,
page 54, Cumberland County Records.
HAVING THEREON ERECTED A DWELLING KNOWN AS 515-517 Third Street,
West Fairview, Pennsylvania
BEING THE SAME PREMISES which Alice Beers, by her Deed dated August
31, 1994 and recorded in Cumberland County Deed Book 111, Page 229,
granted and conveyed unto Edwin H. Fleck and Judyth E. Fleck.
TO BE SOLD AS THE PROPERTY OF EDWIN H. FLECK AND JUDYTH E. FLECK
UNDER JUDGMENT NO. 1999-3044 CIVIL TERM
PARCEL NO. 45-17-1044-004; 45-17-1044-003
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FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 515-517 Third Street, West Fairview, PA
17025:
1. Name and address of the Owner(s) or Reputed Owner(s):
Edwin H. Fleck
515 Third Street
West Fairview, PA 17025
Judyth E. Fleck
515 Third Street
West Fairview, PA 17025
2. Name and address of Defendant(s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
UNKNOWN
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
American General Finance Company
125 Gateway Drive, Suite 109
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
UNKNOWN
7. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
TENANTS IF ANY ...
DOMESTIC RELATIONS OFFICE
13 North Hanover Street
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating to unsworn
falsification to authorities.
e P. Haller PA I.D. #15700
urcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: September 3, 1999
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FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS
AS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS. NO. 1999-03044
EDWIN H. FLECK AND JUDYTH CIVIL ACTION - LAW -
E. FLECK IN MORTGAGE FORECLOSURE
Defendants
NOTICE OF SHERIFF'S SALE OF REAL ESTATE -
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
held: That the Sheriff's Sale of Real Property (real estate) will be
DATE: WEDNESDAY, DECEMBER 8, 1999
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the. measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
515-517 THIRD STREET, WEST FAIRVIEW, PA 17025
I
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
99-3044 CIVIL TERM
A. ?
is: THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property
EDWIN H. FLECK AND JUDYTH E. FLECK
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgagee
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 maybe obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause.' This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Jyn. y
LEGAL DESCRIPTION
ALL TliAT CERTAIN tract or parcel of ground situate in the Borough
of West Fairview, Cumberland County, Pennsylvania, more
particularly bounded and described according to survey of William
E. Sees, Jr., Professional Engineer, dated May 13, 1960, as
follows:
TRACT 1:
BEGINNING at a point on the Northeasterly side of Third Street one
hundred thirty-five (135) feet Northeastwardly from the Northeast
corner of the intersection of Third Street and Locust Street;
thence Northeastwardly along the Northeasterly side of Third
Street (15) feet to a point; thence North 56 degrees 30 minutes
East along line of land known and numbered as 517 Third Street,
one hundred thirteen (113) feet to a point' on the Southwesterly
line of a twenty-feet wide alley; thence South 35 degrees 45
minutes East along same fifteen (15) to a point; thence South 56
degrees 30 minutes West through the center line of a partition
wall between premises herein described and premises 513 Thiid
Street and beyond, one hundred thirteen and forty-two
one-hundredths (113.42) feet to a point, the place of BEGINNING.
(laving thereon erected a two and one-half story frame dwelling
known as No. 515 Third Street.
TRACP 2:
BEGINNING at a point 150 feet north of Locust Street along the
eastern side of Third Street at a corner of lot now or late of
S.B. Shoop; thence northwardly along Third street 15 feet to the
center of lot No. 41 „ thence eastwardly through the center of
said lot 112 feet, more or less, to an alley; thence southwardly
along said alley, 15 feet to lot now or late of Oliver Fravrig;
thence westwardly along said Frovrig lot, 113 feet, more or less,
to the Place of BEGINNING.
BEING the southern half of Lot No. 41 as shown on the Plan of
May's Second Addition to West Fairview as recorded in Plan Book 1,
page 54, Cumberland County Records.
HAVING THEREON ERECTED A DWELLING KNOWN AS ,
West Fairview, Pennsylvania 515-517 Third Street,
BEING THE SAME PREMISES which Alice Beers, by her Deed dated August
31, 1994 and recorded in Cumberland County Deed Book 111, Page 229,
granted and conveyed unto Edwin H. Fleck and Judyth E. Fleck.
TO BE SOLD AS THE PROPERTY OF EDWIN H. FLECK AND JUDYTH E. FLECK
UNDER JUDGMENT NO. 1999-3044 CIVIL TERM
PARCEL NO. 45-17-1044-004; 45-17-1044-003
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FIRST UNION NATIONAL BANK AS
TRUSTEE FOR THE PENNSLVANIA
HOUSING FINANCE AGENCY
PLAINTIFF
VS.
EDWIN H. FLECK AND JUDYTH E. FLECK
DEFENDA14TS
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 99-3044 CIVIL TERM
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
P R A E C I P E
TO THE PROTHONOTARY:
Kindly satisfy the judgment on the above matter of record.
PURCELL, K1jU6 & HALLER
By:
Leon P. Haller
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: December 7, 1999
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First Union National Bank
-vs-
Edwin H. Fleck and Judyth E. Fleck
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 99-3044 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is
returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 54.29
Posting Bills 30.00
Advertising 30.00
County 1.00
Mileage 9.92
Certified Mail .74
Levy 30.00
Postpone sale 20.00
Surcharge 32.00
Share of Bills 23.63
Law Journal 252.50
$ 514.08 pd by atty
11-22-99
Sworn and Subscribed To Before Me
This 9 L'? Day of
1999, A.D. 71 J'
PPonotary
R. Thomas Kline, Sheriff
By&?-
Real Estate Deputy
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FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 515-517 Third Street, West Fairview, PA
17025:
1. Name and address of the owner(s) or Reputed Owner(s):
Edwin H. Fleck
515 Third Street
West Fairview, PA 17025
Judyth E. Fleck
515 Third Street
West Fairview, PA 17025
2. Name and address of Defendant(s) in the Judgment, if
different from that listed in (1) above:
9L
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
UNKNOWN
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
American General Finance Company
125 Gateway Drive, Suite 109
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
UNKNOWN
7. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
TENANTS IF ANY ...
DOMESTIC RELATIONS OFFICE
13 North Hanover Street
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief.. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating to unsworn
falsification to authorities.
e P. Haller PA I.D. ##15700
urcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: September 3, 1999
FIRST UNION NATIONAL BANK
AS TRUSTEE FOR PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
VS.
EDWIN H. FLECK AND JUDYTH
E. FLECK
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-03044
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANTO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
held: That the Sheriff's Sale of Real Property (real estate) will be
DATE: WEDNESDAY, DECEMBER 8, 1999
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
515-517 THIRD STREET, WEST FAIRVIEW, PA 17025
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and county to:
99-3044 CIVIL TERM
m ,.
THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property
is:
EDWIN H. FLECK AND JUDYTH E. FLECK
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. if you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court Of Common Pleas of.
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
e ..
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
SE f'. 9.199'a 10:4:=.M HA.LLI:f:' HI.
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro
Township (formerly Borough of West Fairview), Cumberland County,
Pennsylvania, more particularly bounded and described according to
survey of William E. Sees, Jr., Professional Engineer, dated may
13, 1960, as follows:
TRACT 1:
BEGINNING at a point on the Northeasterly Side of Third Street one
hundred thirty-five (135) feet Northeastwardly from the Northeast
corner of the intersection of Third Street and Locust Street;
thence Northeastwardly along the Northeasterly side of Third
Street (15) feet to a point; thence North 56 degrees 30 minutes
East along line of land known and nunbered as 517 Third Street,
one hundred thirteen (113) feet to a point' of the Southwesterly
line of a twenty-feet wide alley; thence South 35 degrees 45
minutes East along sama fifteen (15) to a point; thence South 56
degrees 30 minuten Hest through the center line of a partition
wall between premises herein described and premises 513 Thrid
Street and beyond, one hundred thirteen and forty-two
one-hundredths (113.42) feet to a point, the place of BEGINNING.
Having thereon erected a two and one-half story fvaane dwelling
known as No. 515 Third Street.
TRACT 2:
BEGINNING at a point 1.50 feet north of Locust Street along the
eastern, side of Third Street at a corner of lot now or late of
S.B. Shoop; thence northwardly along Third Street 15 feet to the
center of lot No. 41 „ thence eastwardly through the center of
said lot, 112 feet, more or less, to an alley; thence southwardly
along said alley, 15 feet to lot now or late Of Oliver Frovrig;
thence westwardly along said Frovrig lot, 113 feet, more or leus,
to the place of BEGINNING.
BEING the southern half of Lot No. 41 as shown on the Plan of
May's 5econd Addition to best Fairview as recorded in Plan Book 1
page 54, Cumberland County Records. '
HAVING THEREON ERECTED A DWELLING KNOWN AS 515-517 Third Street,
West Fairview, Pennsylvania
BEING THE SAME PREMISES which Alice Beers, by her Deed dated August
31, 1994 and recorded in Cumberland County Deed Book 111, Page 229,
granted and conveyed unto Edwin H. Fleck and Judyth E. Fleck. -
TO BE SOLD AS THE PROPERTY OF EDWIN H. FLECK AND JUDYTH E. FLECK
UNDER JUDGMENT NO, 1999-3044 CIVIL TERM
PARCEL NO. 45-17-1044-004; 45-17-1044-003
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 99-3044 CIVIL fb leg
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland
To satisfy the debt, interest and costs due First Union National Bank
from Edwin H. Fleck and Judvth E. Fleck, 515 Third Street, West Fairview, PA 17025
(t) You are directed to levy upon the property of the defendant(s) and to sell see 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 notify 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)notlevieduponansubjecttoattachment isfoundinthepossessionofanyoneother
than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $36,478.98 L.L. $.50
Interest S1.531.40 (per diem of $8.06 from Due Prothy S1.00
-
6/1/99 to 12/8/99
Atty's Comm % _ Other Costs Late Charges at $13.88 (6/99 to 12/99)
Arty Paid $121.92 _ $83.28 and Escrow Deficit $1,500.00
Plaintiff Paid
Date: September 8, 1999 Curtis R. Long
Prothonotary, Civil Division
by: L 4, f. (ow(Ld 0 J
Deputy
REQUESTING PARTY:
Name Leon P. Haller, Esq.
Address: 1719 N. Front Street
Harrisburg, PA 17102 _
Attorney for: Plaintiff
Telephone: 717-234-4178
Supreme Court ID No. 15700
4
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REAL ESTATE SALE No. ,ss
On 4e,? 9, /011999 the sheriff levied upon the defendant
Interest in the real property situated in b/- ?, ...? -
this writ and by this reference incorporated herein.
Date: /dam By.
Cumberland County, pa., known and numbered as: ZaEf7
and more fully described on Exhibit ',A,, filed witb
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