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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
V.
Plaintiff
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. l ?f - A/a 7 >
HARRY ADEN HINKLE
1330 CHURCH STREET
CARLISLE, PA 17013
Defendant(s)
CUMBERLAND COUNTY
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money 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.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1. Plaintiff is
FIRST UNION NATIONAL BANK
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
2. The name(s) and last known address(es) of the Defendant(s) are:
HARRY ADEN HINKLE
1330 CHURCH STREET
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 3/29/96 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1311, Page 78. By Assignment of Mortgage recorded 11/9/98 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Miscellaneous Book No. 594,
Page 9.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 2/ I /99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
6. The following amounts are due on the mortgage:
Principal Balance $106,289.39
Interest 3,162.51
l/l/99through 6/1/99
(Per Diem $20.67)
Attorney's Fees 5,314.00
Cumulative Late Charges 138.88
3/29/96 to 6/ 1 /99
Cost of Suit and Title Search 750.00
Subtotal 115,654.78
Escrow
Credit 296.85
Deficit 0.00
Subtotal 296.85
TOTAL $115,357.93
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendants,
a true and correct copy of which is attached hereto as Exhibit "A" ; or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ct seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof.
If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will obtain and provide Defendant(s) with written
verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if
requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff
will send Defendant(s) the name and address of the original creditor if different
from above.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$115,357.93, together with interest from 6/1799 at the rate of $20.67 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS FIRM IS A DEBT. COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY
INFORMATION OBTAINED FROM YOU WILL BE fi SED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEi9P' TO COLLECT A DEBT, BUT ONLY ENFORCEMENT
OF A LIEN AGAINST PROPERTY.
The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance
Program may be able to help you. Read the following notice to find out how the
program works.
If you need more information call the Pennsylvania Housing Finance Agency
at 1(900) 342-2397.
La notificacien an adjunto as de suma importancia, pues afecta su derecho a
continuar viviendo en su casa. Si no comprende e1 contenido de esta notification
obtenga una traduccion inmed'_atamente Llamanda esta agencia (Pennsylvania Housing
Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para
un prestamo por el programa 11amado "Homeowner's Emergency Mortgage Assistance
Program" e1 cual puede salvar su casa de 1a perdida del derecho a redimir su
hiooteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR TINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE ANJ HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date June 8, 1999
RE: Account No. 9582733
Premises:1330 Church Street Carlisle, PA 17013
TO: Harry Aden Hinkle
1330 Church Street
Carlisle, PA 17013
FROM: Federman and Phelan, attorney f-Ir First Union Mortgage Corp.
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, you have a reasonable prospect of resuming your mortgage payments, and
if you meet other eligibility requirements established by the Pennsylvania
Housing Finance Agency. Please read all of this Notice. It contains an
explanation of your rights.
EXHIBIT A
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 arrange 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 (30) days.
If you attend a face-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. As representative of the mortgage holder, our name and address is:
FEDERMAN AND PHELAN, SUITE 900, TWO PENN CENTER PLAZA, PHILADELPHIA, PA 19102;
Telephone Number: (215) 563-7000.
The names and address of designated consumer credit counseling agencies are
shown on the attached sheet. It is only necessary to schedule one face-to-face
meeting. 'icu should advise this lender immediately of your intentions.
Your mortgage is in default because you 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 $4,523.73.
That sum includes the following:
Total of Principal plus interest including all accrued late charges, if any:
$4,478.73
Property Inspections and NSF check Charges,
if any: 0.00
Other charges accrued, if any
LESS: Suspense (unapplied funds)
TOTAL DUE:
45.00
0.00
$4,523.73
Your mortgage is also in default for the following reasons: N/A .
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 one of the designated consumer credit counseling agencies listed
on the attachment. 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
filed 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.
Available funds for emergency mcr-gage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the
Act.
EXHIBITA
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 receives 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, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No.
(717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired
hearing can call 1-800-342-2397.
In addition you may receive another notice from this lender under Act 6 of
1974. That notice is called "Notice of Intention to Foreclose". You mus- 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 retice,
you cannot be foreclosed upon while you are receiving that assistance.
Very truly yours,
F MAN A P 'AN
B,, . L
Frank Federman
FF/11
cc: First Union Mortgage Corp. (NC)
Attn:Kim Johnson Loan No.:9582733
Sent by Regular Mail, Certificate of Mailing (PS Form 3877)
Ej"V M3 i H
PLY SY-LVA-NIA HOCSDiG FLT ONCE AGENCY
HOMEOWNER'S LNIERGENCY MORTGAGE ASSISTANCE PROGRA.NI
CONSUMER CREDIT COCNTSELPiG AGENCIES
CRAWFORD COCITY
l3coker T. WasF±:gton Center Joha F. Kel:edv Center. Inc.
!4o!land SL-et :Q:! East 20th su=
E^.e. ?.a 16503 1^e. ?A 16,10
(8:4) 453.574- (814) 898-0400
FAX a (814) 453.5749 FAX s (8l-) 898-12-3
Greater Eie Camaunity Acton Comtcia:e
IS West ninth Sit
F--ic, PA 16501
(81-) 459=581
FAX # (81-) :56.0161
Shenange Valley L:rbaal• League. Inc.
601 Indiana Avenue
ca.-e!:. ?.'. 161:1
(41:) 98;-5310
CnIBERL_-'L-ND COUNTY
Coesumer C.r_'it Coucse!ing Service of WeStem ?ems:!: aia L^c.
3000 Laglestowa Road
Finisbur„ ?A 1;103
(717 541-173;
FAX a (913) ;31.9589
F'__, a! Co-se!ig Ser /ices
31 West 3rd Sc---,
W_;•nasbcro, ?.t 17_63
(717
Uman League of *vle=ccli= Famsbur;
:!0; North 6th Sa-_et
Firsburg, PA 17101
(-!7: .9:.
FA-X = (717)
:34 9459
r,•CA of C_:isle
C I
?.>. 1701'
(717)
:?3 33:9
FAX a C7 1-) 731.9539
C-==r+ A.:ca Cac=issioc of the Canita! Regioa
151- De. Street '
a.-sbLZ.?A 17iC-
FAX = (717)`:3- -:7
i-e ?es ivartia Housing -:Ana Averse/ cY, be :.ached TOLL FRQ° at 1(800) 34:-'--397
EXHIBIT A
JLLL TBAT CERTBIY parcel of ground situate in the •ro.+...,._i,
of Monroe, County of Cumberland and State of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point at the intersection of the legal
right of way of Pennsylvania State Route 174 and legal right-of-way
of Township Road 640'; thence along the legal right-of-way line of
said Pennsylvania State Route 174 north 56 degrees 45 minutes east
two hundred sixty-tour and seventy-one one-hundredths (264.71) feet
to a point on said 3.e1jal right-of-way; thence by Lot No. 2 on the
Plan of Lots hereinafter mentioned south 37.degrees 5.minutes east
seventy-four and seventy-tour one-hundredths (74.74) feet to a
point on the dedicated right-of-way line of Township Road 640 as
shown on said Plan of Lots; thence along said dedicated right-of-
way line of Township Road 640 south 70 degrees 45 minutes west two
hundred eighty and forty-six one-hundredths (280.46) feet to a
point on the legal right-of-way line of Township Road 640; thence
along said legal right-of-way 'line of Township Road 640 north 19
degrees 15 minutes west six and fifty-one hundredths (.6.50) feet to
the point and place of BEGINNING.
BEING Lot NO. 1 on subdivision Plan of Cora A. Shughart
which said plan remains of record in the Recorder's office of
Cumberland County in Plan Hook 22, Page 161.
sHING PART OF TSE SAME PREKISES which Cora B. Shughart,
widow by her deed dated February 8, 1972 and recorded by the
Recorder of Deeds in and for Cumberland County in ]Book M, Vol. 24,
Page 278 granted and conveyed unto Larry D. Shughart and Joanne E.
Shughart, his wife, GRANTORS herein .
UNDER AND SUBJECT, nevertheless, to easements,
restrictions, reservations, conditions, and rights of ways of
record or visible upon inspection of premises.
TOGETHER with all and singular, the tenements,
hereditaments and appurtenances to the same belonging or in anywise
appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; AND ALSO all the
estate, right, title, interest, property, claim and demand
PREMISES:
1330 CHURCH STREET
VERIFICATION
DENNIS CHASTEN hereby states that he is ASSISTANT VICE-PRESIDENT
Of FIRST UNION MORTGAGE CORPORATION mortgage servicing agent for
Plaintiff in this matter, that he is authorized to take this
Verification, and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best of
his knowledge, information and belief. The undersigned understands
that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
DATE: 1P'1Q 111
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-04277 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS.
HINKLE HARRY ADEN
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: HINKLE HARRY ADEN
but was unable to locate Him in his bailiwick. He therefore returns
the NOTICE AND COMPLAINT IN
MORTGAGE FORECLOSURE
NOT FOUND , as to the within named defendant
HINKLE HARRY ADEN
DEFT. NO LONGER RESIDES AT ADDRESS STATED. PRIOR
TO EXP. DATE, DO A NOT FOUND RETURN AS PER ATTY.
Sheriff's Costs:
Docketing 18.00
Service 7.44
NOT FOUND 5.00
Surcharge 8.00
$384
Sworn ana sunscrinea to netore me
this j(, t day of
19 qq A.D.
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
V.
HARRY ADEN HINKLE
1330 CHURCH STREET
CARLISLE, PA 17013
Plaintiff
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. ?9 ya77
CUMBERLAND COUNTY
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are wamed 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 moncy or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
We hereby certify the
within to be a true and
correct copy of the
ongmal tiled of n3c0rd
FEDERMAIV AND PHELAN
1. Plaintiff is
FIRST UNION NATIONAL BANK
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
2. The name(s) and last known address(es) of the Defendant(s) are:
HARRY ADEN HINKLE
1330 CHURCH STREET
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 3/29/96 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1311, Page 78. By Assignment of Mortgage recorded 11/9/98 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Miscellaneous Book No. 594,
Page 9.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 2/1/99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
6. The following amounts are due on the mortgage:
Principal Balance $106,289.39
Interest 3,162.51
l/I/99 through 6/1/99
(Per Diem $20.67)
Attorney's Fees 5,314.00
Cumulative Late Charges 138.88
3/29/96 to 6/l/99
Cost of Suit and Title Search 750.00
Subtotal 115,654.78
Escrow
Credit 296.85
Deficit 0.00
Subtotal 296.85
TOTAL $115,357.93
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiff's written Notice to Defendants,
a we and correct copy of which is attached hereto as Exhibit "A" ; or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. ¢ 1692 et seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof.
If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will obtain and provide Defendant(s) with written
verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if
requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff
will send Defendant(s) the name and address of the original creditor if different
from above.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$115,357.93, together with interest from 6/1/99 at the rate of $20.67 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
TRUE Copy r.---rU
In Test:mo.n whrrrof, . a my hand
and the seal o` said Court al Pa.
This ...I!/.._ day of...... 19...??
.................... .. ..?
Prothonotary
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THI3 F:RM IS A DERV COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TC YOU IN AN ATTEMPT TO COLLECT 7-7 INDEBTEDNESS REFERRED TO HEREIN AND ANY
i)IFO R}!ATTCDi OBTAINEI FRC^! YOU WILL BE USE-0 FOR TEA':' PURPOSE. 'for., HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TC BE AN ATTEM77 T: COLLECT A DEB:', BUT ONLY ENFORCEMENT
OF A LIEN AGAINST PROPERTY.
The Commonwealth of ?en.nsylvania's Hcmecwner'- -cmergencq Mcr-gage Assistance
Program may be able to he_p you. Read the following notice to find out how the
program works.
If you need more inccrmation -_ P<_nnsfl7anca r.cusiag - -_nce Acenc7
at 1(800) 342-2397.
La notificacion en adjunto as de s--,ma imcortar.cia, pues ac=_cta su der=-cho a
continuer viviendo en su case. Si no ccmore.nde el cor.tenidc de esta nctificacion
obtenga una traduccion immediatamente llamanda esta agencia (Penn.sy"Tania Housing
Finance Agency; sin cargos al numere mencior.adc arriba. Puedes ser elegible oara
un orestamo por el programs llamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su case de 1a oerdida del derecho a redimir su
hipot=_ca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY HE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date June 8, 1999
RE: Account No. 9582733
Premises:1330 Church Street Carlisle, PA 17013
TO: Harry Aden Hinkle
1330 Church Stree-
Carlisle, PA 1?013
FROM: Federman and Phelan, at-crney f-: First Union Mortgage Corp.
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, you have a reasonable prospect of resuming your mortgage payments, and
if you meet other eligibility requirements established by the Pennsylvania
Housing Finance Agency. Please read all of this Notice. It contains an
explanation of your rights.
EXHIBI i A
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 arrange and attend a "face- to-face" meeting with a representative of this
lender, or wit- 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 (30i days.
if you attend a face-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
meecing. As representative of the mortgage holder, our name and address is:
FEDERMAN AND PHELAN, SUITE 900, TWO PENN CENTER PLAZA, PHILADELPHIA, PA 19102;
Telephone Numcer: (215) 563-7000.
The names and address of designated consumer credit counseling agencies are
shown on the attached sheet. It is only necessary to schedule one face-to-face
meeting. You should advise this lender immediately of your intentions.
Your mortgage is in default because you failed to pay promptly installments
of principal and interest, as required, for a period of at least sixty (50) days.
The total amount of the delinquency is $6,523.73.
That sum includes the following:
Total o? Principal plus interest including all accrued late charges, - any:
$4,478.73
Property Inspections and NSF check Charges,
if any: 0.00
Other charges accrued, if any
LESS: Suspense (unapplied funds)
TOTAL DUE:
45.00
0.00
$4,523.73
Your mortgage is also in default for the following reasons: N/A .
If you nave 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 one of the designated consumer credit counselling agencies listed
on the attachment. 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 app'-icaticn and will submit your completed
application to the Pennsylvania Housine Finance Agency. Your application must be
filed or postmarked, thirty (3C) days of your face-to-face meeting.
It is ertremely 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 immediateiv.
Available funds for emergency mortgage assistance are very limited, They
will be disbursed by Agency under one eligibility criteria established by the
Act.
EXHIBITA
It is extremely important that your application is accurate and complete it
every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to
make a decis:,n after it -ece4ves your app-.icaticn. During that additional time,
no for?c-osure eroceedingswill be w. sued against you if You have met h
requirements set forth above. You will be notified directly by that Agency tofe
its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front
Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No.
(717) 780-38:0 or 1-800-342-2397 (toll free number). Persons with impaired
hearing can ca'l'l 1-800-342-2397.
In additlor, you may receive another notice from this lender under Act 6 of
1974. That nctlce is called "Notice of ?n-ention to Foreclose". You must read
both notices, since they both explain rights that you now have under Pennsylvania
law. However, if you choose to exercls? you.- rights described this ro-'ce,
you cannot be foreclosed upon while you are receiving that assistance.
V?ry truly yours,
F,%!aN A` P' -AN
Frank Federman
FF/'-1
cc: First Union mortgage Corp. (Nc)
Attn:Kim. Johnson Loan Nc.:9582733
Sent by Regular Mail, Certificate of Mailing (PS Fora 3877)
EXvl 0 H
PEN-ISYLVAYLA HOCSriG FLNA.-NCE AGEYCY
H0:IE0wti7ER'S EXERGEYCY MORTGAGE ASSISTANCE PROGIU.NI
CONSU.N ER CREDIT COUNSELLIiG AGENCIES
CR.4aFORD COLN'i'Y
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Cons--mer Ctadit Caurset ag Service Of Westa- ?t=.':-: a---'l L^c.
2000 Linglestcwa Road
FFarshu„ PA 17102
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EXHIBITA
Of Monroe, Ay?- County CCER=xM parcel of ground situate In the •rov.•... ??,
Y of Cumbe;land and state of Pennsylvanla, more
particularly bounded and described as follows, to wit:
BEGINNING at a point at the intersection of the legal
right of way of Pannsylvania State Route 174 and legal right-of-way
of Township Road 640; thence along the legal right-of-way line of
said Pennsylvania State Route 174 north 56 degrees 45 minutes east
two hundred sixty-four and seventy-one one-hundredths (364.71) fact
to a point on said lagai right-of-way; thence by Lot No. 3 on the
Plan of Lots hereinafter mentioned south 37 degrees 5 minutes east
seventy-four and seventy-four one-hundredths (74.74) feet to a
point an the dedicated right-of-way line of Township Road 640 as
shown on said Plan of Lots; thence along said dedicated right-
of-way line of Township Road 640 south 70 degrees 45 minutes west two
hundred eighty and forty-six one-hundredths (280.46) feet to a
point on the legal right-of-way line of Township Road 640; thence
along said legal right-of-way line of Township Road 640 north 19
degrees 15 minutes west six and fifty-one hundredths (6.50) feet to
the point and place of BEGINNING.
BRING Lot No. 1 on subdivision Plan of Cora B. shughavt
which said plan remains of record in the Recorder's office of
Cumberland County in Plan Book 22, Page 161.
BEING PART OF TUE SAME PREKXSES Which Cora B. Shughart,
Awecoridowd¢byo
r hfer deed dated February 8, 1972 and recorded by the
D¢eds in and for Cumberland County in Book M, vol. 24,
Page 278 granted and conveyed unto Larry D. Shughart and Joanne E.
Shughart, his wife, GRANTORS herein .
VRDLR AND JSUB.7gCTI nevertheless, to
nts,
restrictions, reservations conditions, and rights eaofsemeways of
record or visible upon inspe,ction of premises.
TOGETHER with all and singular, the eanements,
hereditaments and appurtenances to the same belonging or in anywise
appertaining, and the reversion and reversions, remainder, and
remainders, rents, issues and profits thereof; AND ALSO all the
estate, right, title, interest, property, claim and demand
PREMISES:
1330 CHURCH STREET
DENNIS CHASTEN hereby states that he is ASSISTANT VICE-PRESIDENT
of FIRST UNION MORTGAGE CORPORATION 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 IS Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
O
DATE: b'14'q m
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FEDERMAN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215)563-7000
Attorney for Plaintiff
FIRST UNION NATIONAL BANK
COURT OF COMMON PLEAS
Plaintiff
VS.
. CIVIL DIVISION
HARRY ADEN HINKLE
Defendants
. Cumberland County
. No. 99-4277-CIVIL
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with
reference to the above captioned matter.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Date: September 8, 1999
C
i_
V:
V _ C, .J
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04277 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
vs.
HINKLE HARRY ADEN
BRIAN BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within REINSTATED COMPLAINT MORT/FORE was served
upon HINKLE HARRY ADEN the
defendant, at 8:57 HOURS, on the 15th day of September
1999 at WEST SHORE PRINTING 304 MULBERRY DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to HARRY HINKLE
a true and attested copy of the REINSTATED COMPLAINT MORT/FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
5.58
.00
8.00
$375 FEDERMA
09/17/1
b
Sworn and subscribed to before me
this i7 r" day of
19 9r/ A.D.
ly. -4 - f
-i ro o /?U.no ar'7
So answers:
FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Two Penn Center Plaza - Suite 900
Philadelphia, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
vs.
HARRY ADEN HINKLE
WEST SHORE PRINTING
304 MULBERRY DRIVE
MECHANICSBURG, PA 17055-3140
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
. NO. 99-4277 CIVIL
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against
HARRY ADEN HINKLE, Defendant(s) for failure to file an Answer to
Plaintiff's Complaint within 20 days from service thereof and for
Foreclosure and Sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint
Interest - 611199 TO 10/28/99
TOTAL
$115,357.93
$ 3,100.50
$118,458.43
I hereby certify that (1) the addresses of the Plaintiff and
Defendant (s) are as shown above, and (2) that notice has been given
in accordance with Rule 237.1, copy attached.
DAMAGES ARE HEREBY ASSESSED AS INDI
DATE : fl- to -fJ
F K FEDERMAN, ESQUIRE
Attorney for Plaintiff
C n
i
FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
- 1.
ATTORNEY FOR PLAINTIFF
FIRST UNION NATIONAL BANK COURT OF COMMON PLEAS
Plaintiff
VS.
CIVIL DIVISION
. CUMBERLAND COUNTY
HARRY ADEN HINKLE
Defendant (s)
TO: HARRY ADEN HINKLE
WEST SHORE PRINTING;
304 MULBERRY DRIVE
MECHANICSBURG, PA 17055-3140
DATE OF NOTICE: OCTOBER 6, 1999
. NO.99-4277-CIVIL
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
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:
CUMBERLAND COUNTY
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
BAR ASSOCIATION
Frank Federman, Esquire
Attorney for Plaintiff
FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
FIRST UNION NATIONAL BANK COURT OF COMMON PLEAS
Plaintiff
Vs.
HARRY ADEN HINKLE
CIVIL DIVISION
CUMBERLAND COUNTY
. NO.99-4277-CIVIL
Defendant (s)
TO: HARRY ADEN HINKLE
1330 CHURCH STREET
CARLISLE, PA 17013
DATE OF NOTICE: OCTOBER 6, 1999
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
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:
CUMBERLAND COUNTY
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
BAR ASSOCIATION
Frank Federman, Esquire
Attorney for Plaintiff
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FIRST UNION NATIONAL BANK )
NO. 99-4277 CIVIL
Plaintiff
VS.
HARRY ADEN HINKLE
Defendants
Notice is given that a Judgment in the above-captioned
matter has been entered against you on NOVEMBER /0 1999. __?)d By: DEPUTY
If you have any questions concerning this matter, please
contact:
F g K?F DE E
Attorney f r Party Filing
Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
(215) 563-7000
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE
CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK
VS.
HARRY ADEN HINKLE
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
. CIVIL DIVISION
NO. 99-4277 CIVIL
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is
attorney for the Plaintiff in the above-captioned matter, and that
on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant (a) is/are not in the Military or
Naval Service of the United States or its Allies, or otherwise
within the provisions of the Soldiers' and Sailors' Civil Relief
Act of Congress of 1940, as amended.
(b) that defendant HARRY ADEN HINKLE is over 18 years of
age and resides at WEST SHORE PRINTING, 304 MULBERRY DRIVE,
MECHANICSBURG, PA 17055-3140 (PLACE OF EMPLOYMENT).
This statement is made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
F?, ESQUIRE
Attorney for Plaintiff
v
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180.3183
FIRST UNION NATIONAL HANK
Plaintiff
Va.
HARRY ADEN HINKLE
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 99-4277 CIVIL
FRAECEPE FOR WRIT OF EXWMON
• (MORTGAGE FORECLOSURL)
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 10/28/99 TO
3/1/00
(PER DIEM - $19.47)
$118,458.43 V
$ 2,433.75 and Costs
$-1-20,892.18 Total
r x FEDER , ESQUIRE
T40 VPENN CEPTER PLAZA
SUITE 900
PHILADELPHIA, PA 19102
Attorney for Plaintiff
Note: Please attach description of property.
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ALL THAT CERTAIN tract of land situate In Monroe Township, Cumberland
County, Pennsylvania, bounded and described pursuant to a compass survey
by Tom 0. Bletsch, Registered Surveyor, in April, 1959, as follows
BEGINNiNGata point In the center of relocated Pennsylvania HlghwayRoute
No. 174, said point being 500.4 feet, more or less, in a southwesterly
direction along the center of said Road from the Southwestern corner of
land now or formerly of Percy 0. Jumper and Lillian B. Jumper; thence by
land of Raymond C. Shughart and Cora B. Shughart, his Wife, South 37
degrees 5 minutes East 164 feet; more or less to a point in the center of
former Pennsylvania Highway Route No. 174; thence by the center of said
Road, South 70 degrees 45 minutes West 905 feet to a point; thence by land
of Raymond C. Shughart and Cora B. Shughart, his wife, North 37 degrees 5
minutes West 131 feet, more or less, to a point in the center of relocated
Pennsylvania Highway Route No. 174, thence by the center of said Road,
North 52 degrees 55 minutes East 100 feet to the Place of BEGINNING.
CONTAINING .34 Acre, more or less.
TRACT NQ 1
BEGINNING at a point at the intersection of the legal right of way of
Pennsylvania State Route 174 and legal right of way of township road 640;
thence along the legal right of way line of said Pennsylvania State Route 174
North 56 degrees 45 minutes East two hundred sixty-four and seventy-one
one-hundredths (264.71) feet to a point on said legal right of way, thence by
Lot No. 2 on the Plan of Lots hereinafter mentioned South 37 degrees 5
minutes East seventy four and seventy-four one-hundredths 174.74) feet to
a point on the dedicated right of way line of township road 640 as shown on
said Plan of Lots; thence along said dedicated right of way line of township
road 640 South 70 degrees 45 minutes West two hundred eighty and forty-
six one-hundredths (280.46) feet to a point on the legal right of way line of
township road 640; thence along said legal right of way line of township
road 640 North 19 degrees 15 minutes West six and fifty one-hundredths
(6.50) feet to the point and place of BEGINNING.
BEINGLOt No.1 on Subdivision Plan Of Cora B. Shughart which said
plan remains of record in the Recorders office OfCUmberland County in Plan
Book 22, Page 161.
TAR PARCEL / 28-2401
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1.4
FIRST UNION NATIONAL BANK
VS.
HARRY ADEN HINKLE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
: NO. 99-4277 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
HARRY ADEN HINKLE WEST SHORE PRINTING
304 MULBERRY DRIVE
MECHANICSBURG, PA 17055-3140
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
FIRST UNION NATIONAL BANK , Plaintiff in the above action, by
its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 1330 CHURCH
STREET, CARLISLE. PA 17013
1. Name and address of Owner(s) or reputed Owner(s) :
3
NONE
4
Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
NONE
FIRST UNION NATIONAL BANK
Vs.
HARRY ADEN HINKLE
. CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
. NO. 99-4277 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
HARRY ADEN HINKLE WEST SHORE PRINTING
304 MULBERRY DRIVE
MECHANICSBURG, PA 17055-3140
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
FIRST UNION NATIONAL BANK , Plaintiff in the above action, by
its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 1330 CHURCH
STREET, CARLISLE, PA 17013
1. Name and address of Owner (s) or reputed Owner(s):
3
NONE
4
Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
NONE
5
NONE
6
NONE
7
Name and address of every other person who has any record lien
on the property:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
Name and address of every other person who has any record
interest in the property and whose interest may be affected by
the sale:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
NAME
TENANT/OCCUPANT
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
1330 CHURCH STREET
CARLISLE, PA 17013
13 NORTH HANOVER STREET
CARLISLE, PA 17013
I verify that the statements made in this affidavit are
true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
October 29. 1999
DATE F K FEDER , ESQUIRE
ttorney fo Plaintiff
UJ -
ur.
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
VS.
HARRY ADEN HINKLE
. NO. 99-4277 CIVIL
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is
attorney for the Plaintiff in the above-captioned matter, and that
the premises are riot subject to the provisions of Act 91
because it is:
( ) an FHA mortgage
( ) non-owner occupied
( ) vacant
(XX) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
F ESQUIRE
Attorney for Plaintiff
>1
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FIRST UNION NATIONAL BANK
Va.
HARRY ADEN HINKLE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 99-4277 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
October 29, 3.999
TO: HARRY ADEN HINKLE 1330 CHURCH STREET
WEST SHORE PRINTING CARLISLE, PA 17013
304 MULBERRY DRIVE
MECHANICSBURG, PA 17055-3140
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE
CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 1330 CHURCH STREET, CARLISLE PA
17013, is scheduled to be sold at the Sheriff's Sale on MARCH 1.
2000 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment
of $118,458.43 obtained by FIRST UNION NATIONAL BANK (the
mortgagee) against you. If the sale is postponed, the property
will be relisted for the Sheriff's Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. The sale will be cancelled if you pay to the mortgagee
the back payments, late charges, costs and reasonable
attorney's fees due. To find out how much you must pay,
you may call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the price bid by
calling (215) 563-7000.
2. You may be able to petition the Court to set aside the
sale if the bid price was grossly inadequate compared to the value
of your property.
3. The sale will go through only if the buyer pays the
Sheriff the full amount due in the sale. To find out if this has
happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the
Sheriff, you will remain the owner of the property as if the sale
never happened.
5. You have the right to remain in the property until the
full amount due is paid to the Sheriff and the Sheriff gives a deed
to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid
for your house. A proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff not later than
thirty (30) days after the sale. The schedule shall be kept on
file with the Sheriff and will be made available for inspection in
his office. The schedule will state who will be receiving that
money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong)
are filed with the Sheriff within ten (10) days after the filing of
the proposed schedule.
7. You may also have other rights and defenses, or ways of
getting your home back, if you act immediately after the sale.
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
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATORNEY REFERRAL
CUMBERLAND COUNTY BAR ASOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
E?: ..•
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland
County, Pennsylvania, bounded and described pursuant to a compass survey
by Tom 0. Bletsch, Registered Surveyor, In April, 1959, as follows:
B,EGINNINGat a point in the center of relocated Pennsylvania Highway Route
No. 174, said point being 500.4 feet, more or less, In a southwesterly
direction along the center of said Road from the Southwestern corner of
land now or formerly of Percy 0. Jumper and Lilllan B. Jumper; thence by
land of Raymond C. Shughart and Cora B. Shughart, his wife, South 37
degrees 5 minutes Fast 164 feet, more or less to a point in the center of
former Pennsylvania Highway Route No. 174; thence by the center of said
Road, South 70 degrees 45 minutes West 105 feet to a point thence by land
of Raymond C. Shughart and Cora S. Shughart, his wife, North 37 degrees 5
minutes West 131 feet, more or less, to a point in the center of relocated
Pennsylvania Highway Route No. 174, thence by the center of said Road,
North 52 degrees 55 minutes Fast 100 feet to the Place of BEGINNING.
COMAINiNG .34 Acre, more or less
TRACT NQ 1
BEGINNING at a point at the Intersection of the legal right of way of
Pennsylvania State Route 174 and legal right of way of township road 640;
thence along the legal right of way line of said Pennsylvania State Route 174
North 56 degrees 45 minutes East two hundred sixty-four and seventy-one
one-hundredths (264.71) feet to a point on said legal right of way, thence by
Lot No. 2 on the Plan of Lots hereinafter mentioned South 37 degrees 5
minutes East seventy four and seventy-four one•hundredthS (74.74) feet to
a point on the dedicated right of way line of township road 640 as shown on
said Plan of Lots thence along said dedicated right of way 11ne of township
road 640 South 70 degrees 45 minutes West two hundred eighty and forty-
six one-hundredths (280.46) feet to a point on the legal right of way line of
township road 640; thence along said legal right of way line of township
road 640 North 19 degrees 15 minutes West six and fifty one-hundredths
(6.50) feet to the point and place of BEGINNING.
BEING Lot No. 1 On Subdivision Plan of Cora B. Shughart which said
plan remains of record in the Recorder's Off/ce of Cumberland County in Plan
Book 22, Page 161.
TAX PARCEL i 28-2401
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First Union National Bank
.vs-
Harry Aden Hinkle
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 99-4277 Civil
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is
returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 256.24
Law Library .50
County 1.00
Mileage 5.58
Levy 15.00
Surcharge 24.00
Postpone sale 20.00
S 352.32 PD by Atty
12-10-99
Sworn and Subscribed To Before me
This / S`- Day of -l.,.
199, A.D._ ?I?cQP? . , Odn
Prot ho otary
So at i,??E
r
R. Thomas Kline, Sheriff
BY tk&
Real Estate Deputy
I''? Ch. „Ii,SvO
??, B9oc.4
7 . - . .
FIRST UNION NATIONAL BANK
VS.
HARRY ADEN HINKLE
. CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
. CIVIL DIVISION
. NO. 99-4277 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST UNION NATIONAL BANK , Plaintiff in the above action, by
its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 1330 CHURCH
STREET, CARLISLE, PA 17013.
1. Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
HARRY ADEN HINKLE WEST SHORE PRINTING
304 MULBERRY DRIVE
MECHANICSBURG, PA 17055-3140
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
3
NONE
4
Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
NONE
s.
NONE
6
NONE
7
Name and address of every other person who has any record lien
on the property:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
Name and address of every other person who has any record
interest in the property and whose interest may be affected by
the sale:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
NAME
TENANT/OCCUPANT
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
1330 CHURCH STREET
CARLISLE. PA 17013
13 NORTH HANOVER STREET
CARLISLE. PA 17013
I verify that the statements made in this affidavit are
true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
October 29, 1999
DATE F K FEDER , ESQUIRE
P'ttorney for' Plaintiff
FIRST UNION NATIONAL BANK
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Vs.
HARRY ADEN HINKLE
CIVIL DIVISION
NO. 99-4277 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
October 29, 1999
TO: HARRY ADEN HINKLE 1330 CHURCH STREET
WEST SHORE PRINTING CARLISLE, PA 17013
304 MULBERRY DRIVE
MECHANICSBURG, PA 17055-3140
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE
CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 1330 CHURCH STREET, CARLISLE, PA
17013, is scheduled to be sold at the Sheriff's Sale on MARCH 1,
2000 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment
of $118,458.43 obtained by FIRST UNION NATIONAL BANK (the
mortgagee) against you. If the sale is postponed, the property
will be relisted for the Sheriff's Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. The sale will be cancelled if you pay to the mortgagee
the back payments, late charges, costs and reasonable
attorney's fees due. To find out how much you must pay,
you may call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal
proceedings.
r ?
You may need an attorney to assert your rights. The sooner
you contact one, the more chance you will have of stopping the
sale. (See notice on page two on how to obtain an attorney.)
1. If the Sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the price bid by
calling (215) 563-7000.
2. You may be able to petition the Court to set aside the
sale if the bid price was grossly inadequate compared to the value
of your property.
3. The sale will go through only if the buyer pays the
Sheriff the full amount due in the sale. To find out if this has
happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the
Sheriff, you will remain the owner of the property as if the sale
never happened.
5. You have the right to remain in the property until the
full amount due is paid to the Sheriff and the Sheriff gives a deed
to the buyer. At that time, the buyer may bring legal proceedings
to evict you.
6. You may be entitled to a share of the money which was paid
for your house. A proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff not later than
thirty (30) days after the sale. The schedule shall be kept on
file with the SHeriff and will be made available for inspection in
his office. The schedule will state who will be receiving that
money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong)
are filed with the Sheriff within ten (10) days after the filing of
the proposed schedule.
7. You may also have other rights and defenses, or ways of
getting your home back, if you act immediately after the sale.
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
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATORNEY REFERRAL
CUMBERLAND COUNTY BAR ASOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
TRACT NO. 1
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland
County, Pennsylvania, bounded and described pursuant to a compass survey
by Tom 0. Bletsch, Registered Surveyor, in April, 1959, as follows
aEQNNING at a point in the center of relocated Pennsylvania Highway Route
No. 174, said point being 500.4 feet, more or less, in a Southwesterly
direction along the center of said Road from the Southwestern corner of
land now or formerly of Percy 0. Jumper and Lillian B. Jumper,- thence by
land of Raymond C. Shughart and Cora B. Shugharr, his wife, South 37
degrees 5 minutes East 164 feet, more or less to a point in the center of
former Pennsylvania Highway Route No. 174; thence by the center of said
Road, South 70 degrees 45minutes West 105feet to a point;- thence byland
of Raymond C. Shughart and Cora B. Shughart, his wife, North 37 degrees 5
minutes West 131 feet, more or less, to a point in the center of relocated
Pennsylvania Highway Route No. 174; thence by the center of said Road,
North 52 degrees 55 minutes East 100 feet to the Place of BEGINNING.
CONTAINING.34 Acre, more or less.
BEGINNING at a point at the intersection of the legal right of way of
Pennsylvania State Route 174 and legal right of way of township road 640;
thence along the legal right of way line of said Pennsylvania State Route 174
North 56 degrees 45 minutes East two hundred sixty-four and seventy-one
one-hundredths (264.71) feet to a point on said legal right of way, thence by
Lot No. 2 on the Plan of Lots hereinafter mentioned South 37 degrees 5
minutes East seventy four and seventy-four one•hundredthS (74.74) feet to
a point on the dedicated right of way line of township road 640 as shown on
said Plan of Lots; thence along said dedicated right of way line of township
road 640 South 70 degrees 45 minutes West two hundred eighty and forty-
six one-hundredths (280.46) feet to a point on the legal right of way line of
township road 640; thence along said legal right of way line of township
road 640 North 19 degrees 15 min0t*es West six and fifty one-hundredths
(6.50) feet to the point and place of BEGINNING.
BEINGLot No. 1 on Subdivision Plan of Cora B. Shughart which said
plan remains of record in the Recorder's Office of Cumberland County in Plan
Book 22, Page 161.
TAX PARCEL 1 28-2401
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 99-4277 CIVIL 19
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAJND COUNTY:
To satisfy the debt, interest and costs due First Uri ion National Bank
?PLAIIFF
Harry Aden Hinkle, West Shore Printing, 304 Mulberry Dr., Mech
rom g
anicsbur
PA 17055.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at
1330 Church St., Carlisle PA 17013. (See attachedr 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) If Properlyof thedefendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named gamishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $118,458.43
Interest $i42479per diem $2,433.75
Afty's Comm %
Afty Paid x 1 4 7 n
Plaintiff Paid
L.L.
$.50
Due Frothy.
Other Costs
$1.00
Date: November 10, 1999
REQUESTING PARTY:
Name Frank Federman, Esquire
Address: Two Perin Center Sq Ste 900
Philadelphia PA 19102
Attorney for: Plaintiff
Telephone: (215) 5637000
Supreme Court ID No. 12248
CURTIS R. LONG
Proth ot?ry, Civil Division
by; A ,
Deputy
REAL ESTATE SALE No./x
on M k, r 11.1 the sheriff levied upon the defends ;,.;
Interest in the real property situated in 44??_D."
Cumberrll?and County, Pa., known and numbered as: /330 Le 1.1f}
V /?
? _ and more fully descri ed on Exhibit "A" filed v,,!Wi
i'
this writ and by this reference incorporated herein.
?ate: By:
4-VVq
SS' I!d 8i h SI AGN
FEDERMAN AND PHELAN
By: FRANK FEDERMAN
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(215) 563-7000
First Union National Bank
Plaintiff
VS.
ATTORNEY FOR PLAINTIFF
Cumberland County
Court of Common Pleas
CIVIL DIVISION
Harry Aden Hinkle NO. 99-4277-Civil
Defendant(s)
PRAECIPE TO VA ATE JUDGMENT
AND NARK CASE DISCONTINUED AND ENDED
WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly vacate the Judgment which was entered on
Novrmber 10, 1999 against Harry Aden Hinkle, Defendant, in the
amount of $118,458.43 relative to the instant matter and mark
this case discontinued and ended, without prejudice, upon payment
of your costs only.
i
P l V y,
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Dated: December 23, 1999
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