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.0 41
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05720 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS.
HARTZELL JAMES C ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon HARTZELL JAMES C
the
defendant, at 16:43 HOURS, on the 24th day of September
1999 at 244 BRICK CHURCH ROAD
NEWVILLE PA 17241 CUMBERLAND
County, Pennsylvania, by handing to JAMES C. HARTZELL
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's costs: So answers-
Docketing 18.00
service
Service 8.06
Affidavit 00
Surcharge . 8.00 R - Tba?Y
09 27 149WEINBERG & REIS
by
Sworn and subscribed to before me
this d/:ar day of
1.9 49 A. D.
0 6. Z SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05720 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS.
HARTZELL JAMES C ET AL
BRIAN BARRICK Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon HARTZELL JODY A the
defendant, at 16:43 HOURS, on the 24th day of September
1999 at 244 BRICK CHURCH ROAD
NEWVILLE, PA 17241 CUMBERLAND
County, Pennsylvania, by handing to JAMES C. HARTZELL (HUSBAND)
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costa: So ae
Docketing 6.00
Service .00
Affidavit .00
Surcharge 8.00 I? m
X9/27 1§gWEINBERG, & REIS
by
utzpIlCy
Sworn and subscribed to before me
this a/ day of 0-
19 A.D.
7
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff No. 99.5720
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL, PRAECIPE FOR DEFAULT JUDGMENT
Defendants
1 HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
do Waltman, Weinberg & Reis Co., L.P.A.
2901 Koppers Building
439 Seventh Avenue
Pittsburgh, PA 15219
AND THE DEFENDANT IS:
244 Brick Church Road
Nemills, PA 17241
WELTMAN,WWE,INBERG & REIIS CO,., L.P.A.
BY:
ATTORNEYS FOR PLAINTIFF
JON A. McKECHNIE
PA I.D. NO. 36268
Waltman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
436 7" Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#01599197
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff No. 99-5720
vs.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendants, James C. Hartzell and Jody A. Hartzell, above
named, in the default of an Answer, in the amount of $18,497.74 computed as follows:
Principal $ 14,006.48
Interest thru 11/12/99
at the legal interest rate of $6.15 per diem $ 2,845.78
Late Charges through 11/12/99 $ 345.48
Appraisal Fees $ 250.00
Attorneys fees $ 800.00
Title Search $ 250.00
TOTAL $ 18,497.74
1 hereby certify that appropriate Notices of Default, as attached have been mailed in accordance
with PA R.C.P. 237.1 on the dates indicated on the Notices.
WELTTMAN, WE-INB`rERG & REIS CO., L.P.A
By: _ ,?1h W\L l?J
JON A`.'McKECHNIE
Waltman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
436 7" Avenue
Pittsburgh, PA 15219
(412) 434-7955
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unswom falsification to authorities, that the parties against whom Judgment is to be entered according
to the Praecipe attached are not members of the Armed Forces of the United States or any other military
or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned
further states that the information is true and correct to the best of the undersigned's knowledge and
belief and upon information received from others.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By ?0.J_
JON . 2?IE
Wellman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
436 7" Avenue
Pittsburgh, PA 15219
(412) 434-7955
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
VS.
Civil Action No. 99.5720 Civil
JAMES C. HARTZELL and
JODY A. HARTZELL
Defendants
IMPORTANT NOTICE
TO: James C. Hartzell
244 Brick Church Road
Newville, PA 17241
Date of Notice: October 26, 1999
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN ' -
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Cumberland County Court
Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ?k
Jon A. McKechnie
Weltman, Weinberg & Reis co. L.P.A.
2601 Koppers Building
436 7" Avenue
Pittsburgh, PA 15219
(412) 434-7955
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,
i
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
vs,
JAMES C. HARTZELL and
JODY A. HARTZELL
Defendants
TO: Jody A. Hartzell
244 Brick Church Road
Newville, PA 17241
Date of Notice: October 26, 1999
Civil Action No. 99-5720 Civil
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Cumberland County Court
Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:?IW?
Jon A. McKechnie
Weltmen, Weinberg & Reis co. L.P.A.
2601 Koppers Building
436 71h Avenue
Pittsburgh, PA 15219
(412) 434.7955
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 99-5720
Vs.
JAMES C. HARTZELL and
JODY A. HARTZELL, PRAECIPE FOR WRIT OF EXECUTION
FOR MORTGAGE FORECLOSURE
Defendants
Filed on Behalf of:
Plaintiff
Counsel or Record for this Party
Jon A. McKechnie
PA I.D.#36268
Waltman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
436 7' Avenue
Pittsburgh, PA 15219
WWR #01599197
Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 99-5720
VS.
.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
PRAECIPE FOR WRIT O F EXECUTION
TO THE PROTHONOTARY:
Kindly Issue a Writ of Execution in the above matter
1. directed to the Sheriff of Cumberland County
2. against Defendants /
3. JudgmentAmount $ 18
497
74 ?
Interest at the rate of $6.15 per diem from ,
.
11/12/99 to 3/1/00
5. Late Charges thru 3/1/00 $ 676.50
77.76
$ 19,252.00
With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs.
Costs (to be a
dde
d
by Prothonotary) $
(
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]
Date: I??IOIq -1 ?w.?l?<??.?e?-.
Jon A. McKechnie
Attorney for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
VS.
Plaintiff, NO: 99-5720
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
LONG FORM DESCRIPTION
ALL THAT CERTAIN parcel of land situate in Upper Frankford Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a stone in the center of the public road leading to the Brick Church and a corner
of land now or formerly of James Shetron; thence by the same, South 67 degrees West, 19 perches to a
stone; thence by lands now or formerly of Aseph Wright Estate, North 37 Yz degrees West, 28.8 perches
to a stone; thence by the same, North 67 degrees East, 26.8 perches to a stone in the aforesaid public
road leading from Gillespie's School House to the Brick Church; thence by said road and lands now or
formerly of George B. Wickard, South 21 '/z degrees East, 28 perches to the place of beginning.
CONTAINING four (4) acres, the above-described premises having thereon erected a two-story
frame dwelling house and other improvements.
BEING the same premises which James C. Hartzell, a married person, by Deed dated November
22, 1996 and recorded on November 25, 1996 at Deed Book Volume 149, Page 578 and recorded in the
Recorder's Office of Cumberland County, granted and conveyed to James C. Hartzell and Jody A.
Hartzell, as husband and wife.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Jon A. McKechnie
Attorney for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
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IN THE COURT OF COMMON PLEAIVS OFDIVILCUMBISIOERLANDN COUNTY, PENNSYLVANIA
C
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
Vs. NO; 99-5720
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
AFFIDAVIT PURSUANT TO RULE I 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY SS:
Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth as of the date
of the Praecipe for the Writ of Execution was filed the following information concerning the real property
of James C. Hartzell and Jody A. Hartzell, located at 244 Brick Church Road, Newville, PA 17241 and Is
more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES C. HARTZELL AND JODY A. HARTZELL
OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF UPPER
FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 244 BRICK CHURCH ROAD,
NEWVILLE, PA 17241. DEED BOOK VOLUME 149, PAGE 578, PARCEL NO. 43-06-0031-002.
i
1.
2.
The name and address of the owners or reputed owners:
James C. Hartzell and
Jody A. Hartzell
The name and address of the Defendants in the judgment:
James C. Hartzell and
Jody A. Hartzell
244 Brick Church Road
Newville, PA 17241
244 Brick Church Road
Newville, PA 17241
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Green Tree Consumer Discount PLAINTIFF
Company
Tax Claim Bureau
Courthouse
One Courthouse Square
Carlisle, PA 17013
4. The name and address of the last record holder of every mortgage of record:
Green Tree Consumer Discount PLAINTIFF
Company
5. The name and address of every other person who has any record lien on the property:
NONE
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
NONE
7. The 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:
Inheritance Tax Bureau Courthouse
One Courthouse Square
Carlisle, PA 17013
Domestic Relations 13 North Hanover Street
Carlisle, PA 17013
Pennsylvania Sales & Use Tax PA Department of Revenue '
Claim Bureau Office of Chief Counsel
10'" Floor, Strawberry Square
Harrisburg, PA 17128-1061
The information provided in the foregoing Affidavit is provided solely to comply with the
P
ennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of
the
entitledcondiotion of on any statements lm de hewhich is rein in regard to sold
under this execution. No eon or condition of the title of the property or to
rely on any statement herein in formulating bids which might be made at the sale of the property.
I verify that the statements made in the 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.A. §4904 relating to unsworn falsification to authorities.
Mo
albw
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J n A. McKechnieJ n A.
Attorneys for Plaintiff
Sworq ?q d subscribed before me
this May of r NZ , 1999.
Notary u lic
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
NO: 99-5720
AFFIDAVIT OF LAST KNOWN ADDRESS
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Jon A. McKechnie, attorney for the Plaintiff, who being duly sworn
according to law deposes and says that the owners of the property located at 244 Brick Church Road,
Newville, PA 17241, are Defendants, James C. Hartzell and Jody A. Hartzell, who reside at 244 Brick
Church Road, Newville, PA 17241, to the best of his information, knowledge and belief.
M M.Jones, msew
twy Pub1c
M2000
/' d fbfens
s
Sworn to and subscribed before me
this of [SQL , 1999.
Notary Public
JON A. MCKECHNIE, ESQUIRE
Waltman, Weinberg & Reis, Co., L.P.A.
2601 Koppers Building
4367 th Avenue
Pittsburgh, PA 15219
(412) 434-7955
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 99-5720
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ALLEGHENY ) SS:
Before me, the undersigned authority, a Notary Public in and for the said County and
Commonwealth, personally appeared Jon A. McKechnie, Esquire, attorney for the Plaintiff, who being
duly sworn according to law deposes and says that on or about July 19, 1999, Defendants were mailed
Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's
Emergency Assistance Act, Act 91 of 1983Take Action to Save Your Home From Foreclosure.
The foregoing statement is true and correct to the best of my knowledge, information and belief.
Notaftl SOW kw Ptbm \C
'
LP:==="2* m M. Jones,Ydotar/ RibNe
J N A. MCKECHNIE, ESQUIRE Coo '? Waltman, Weinberg & Reis, Co., L.P.A.
?00"a 2601 Koppers Building, 436 7'h Avenue
Pittsburgh, PA 15219
Sworn to and subscribed before me, (412) 434-7955
t is V-11) day ofl 1999,
NOTA Y PUBLIC
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
VS.
Plaintiff, NO: 99-5720
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: JAMES C. HARTZELL
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in the
2nd Floor
Cumberland County Courthouse
Commissioners Hearing Room
Carlisle, PA
on March 1, 2000, at 10:00A.M., the following described real estate, of which James C. Hartzell and Jody
A. Hartzell are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES C. HARTZELL AND JODY A. HARTZELL
OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF UPPER
FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 244 BRICK CHURCH ROAD,
NEWVILLE, PA 17241. DEED BOOK VOLUME 149, PAGE 578, PARCEL NO. 43-06-0031-002.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
at Execution Number 99-5720 in the amount of $19,252.00, with appropriate continuing interest,
attorneys fees, and costs as set forth in the Praecipe for Writ of Execution.
Claims against the property must be filed with the Sheriff before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause
your property to be held or taken to pay the judgment. You may have legal rights to prevent your
property from being taken. 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 NOTICE AND THE WRIT OF EXECUTION 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 ADVICE.
Cumberland County Court
Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
ft
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary.
You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,
you may have the right to have the judgment opened if you promptly file a petition with the court alleging
a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment Is
opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff
has a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs
Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or
equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE
PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE
SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT
AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY.
THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED
WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN
THE OFFICE OF THE SHERIFF.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
n4t-w'ta'J- ( r--
Jo A. McKechnie, Esquire
Attorneys for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
VS.
Plaintiff, NO: 99-5720
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
LONG FORM DESCRIPTION
ALL THAT CERTAIN parcel of land situate in Upper Frankford Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a stone in the center of the public road leading to the Brick Church and a"comer
of land now or formerly of James Shetron; thence by the same, South 67 degrees West, 19 perches to a
stone; thence by lands now or formerly of Aseph Wright Estate, North 37 '/z degrees West, 28.8 perches
to a stone; thence by the same, North 67 degrees East, 26.8 perches to a stone in the aforesaid public
road leading from Gillespie's School House to the Brick Church; thence by said road and lands now or
formerly of George B. Wickard, South 21 Yz degrees East, 28 perches to the place of beginning.
CONTAINING four (4) acres, the above-described premises having thereon erected a two-story
frame dwelling house and other improvements.
BEING the same premises which James C. Hartzell, a married person, by Deed dated November
22, 1996 and recorded on November 25, 1996 at Deed Book Volume 149, Page 578 and recorded in the
Recorder's Office of Cumberland County, granted and conveyed to James C. Hartzell and Jody A.
Hartzell, as husband and wife.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
J-on A. McKechnie
Attorney for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
? A
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
VS. Plaintiff, NO: 99-5720
.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: JODY A. HARTZELL
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in the
2nd Floor
Cumberland County Courthouse
Commissioners Hearing Room
Carlisle, PA
on March 1, 2000, at 10:OOA.M., the following described real estate, of which James C. Hartzell and Jody
A. Hartzell are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES C. HARTZELL AND JODY A. HARTZELL
OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF UPPER
FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 244 BRICK CHURCH ROAD,
NEWVILLE, PA 17241. DEED BOOK VOLUME 149, PAGE 578, PARCEL NO. 43-06-0031-002.
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The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
vs.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
at Execution Number 99-5720 in the amount of $19,252,00, with appropriate continuing interest,
attorneys fees, and costs as set forth in the Praecipe for Writ of Execution.
Claims against the property must be filed with the Sheriff before the above sale date,
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cau
your property to be held or taken to pay the judgment. You may have legal rights to prevent yc
property from being taken. A lawyer can advise you more specifically of these rights. If you wish
exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER,
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHOI
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE.
Cumberland County Court
Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary.
You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,
you may have the right to have the judgment opened if you promptly file a petition with the court alleging
a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is
opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff
has a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs
Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or
equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE
PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE
SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT
AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY.
THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED
WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN
THE OFFICE OF THE SHERIFF.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Jori'A. McKechnie, Esquire
Attorneys for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
VS.
Plaintiff, NO: 99.5720
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
LONG FORM DESCRIPTION
ALL THAT CERTAIN parcel of land situate in Upper Frankford Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a stone in the center of the public road leading to the Brick Church and a comer
of land now or formerly of James Shetron; thence by the same, South 67 degrees West, 19 perches to a
stone; thence by lands now or formerly of Aseph Wright Estate, North 37 Yz degrees West, 28.8 perches
to a stone; thence by the same, North 67 degrees East, 26,8 perches to a stone in the aforesaid public
road leading from Gillespie's School House to the Brick Church; thence by said road and lands now or
formerly of George B, Wickard, South 21 '/z degrees East, 28 perches to the place of beginning.
CONTAINING four (4) acres, the above-described premises having thereon erected a two-story
frame dwelling house and other improvements.
BEING the same premises which James C. Hartzell, a married person, by Deed dated November
22, 1996 and recorded on November 25, 1996 at Deed Book Volume 149, Page 578 and recorded in the
Recorder's Office of Cumberland County, granted and conveyed to James C. Hartzell and Jody A.
Hartzell, as husband and wife.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Jon A. McKechnie
Attorney for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 99-5720
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
TYPE OF PLEADING:
LIENHOLDER AFFIDAVIT OF SERVICE
Filed on Behalf of:
Plaintiff
Counsel or Record for this Parry:
Jon A. McKechnie
PA I. D. #36268
Waltman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
436 7' Avenue
Pittsburgh, PA 15219
WWR #01599197
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 99-5720
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
LIENHOLDER AFFIDAVIT OF SERVICE
BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie,
Esquire, who according to law deposes and says that a copy of the Notice of Sheriffs Sale has
been served on each of the following Lienholders by Certificate of Mail on December 20, 1999.
True and correct copies of said certificates of mail are attached hereto as Exhibit "A".
WELTMAN, WEINBERG & REIS, CO., L.P.A.
,.. Jo A. McKechnie
?•: ; mil S? al Attorneys for Plaintiff
MrnM.Jorws,\:iuiryPubk 2601 Koppers Buildin
PRlsburgh,A?Oegheny C pr 9
' MyCamm[ssbnEZpuea,Nne1Z,2000 436 Seven nth Avenue
Pittsburgh, Pennsylvania 15219
Sworn to and subscribed before me
his Lfth day of ECD. 2000.
Notary Public
!Malwd From 2301 I(oppors building
0m PlaDa Of ordirwry mall fiEdroaaad M:
Form 3817, Mu9. 189
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER NO: S7o16
DISCOUNT COMPANY, 7
Plaintiff, ISSUE NO.:
V.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
CODE:
TYPE OF PLEADING:
TO:DEFENDANTS
YOU A HERE13Y PLEAD TO THE
ENCLOSED COMPLAINT OWITHN TTWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
WELTMAN, WEINBERG & RE?S CO., P.A.
By: ?ttPc???C?C.>
ATTORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
Go Wellman, Weinberg & Rale Co., LPA.
2601 Koppers Building
436 Seventh Avenue
PRtaburgh, PA 15219
AND THE DEFENDANTS ARE:
244 Brick Church Road
Newville, PA 17241
WELTMAN, WEINBERG & R?AI3 CO., L.P.A.
BY: "A I
A ORNEY3 FOR PLAINTIFF
1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
244 Brick Church Road
Newvlll,e PA 17241
TOVmehip of Upper Frankford:CtY of Cumberland
COMPLAINT IN MORTGAGE
FORECLOSURE
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS PARTY:
JON A. McKECHNIE, ESQUIRE
Pa. I.D. #36268
WELTMAN, WEINBERG 8, REIS CO., L.P.A.
Firm #339
2601 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#01599197
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WELTMAN, `WEIINBERG & REIS CO., LPA.
BY: ;;)t' \<lA
ATTORNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
V.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
NOTICE TO DEFEND
NO:
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 Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717.249-9400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 9 9. .57-20 &, 7"4?
V.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, Green Tree Consumer Discount Company, by and through its attorneys,
WELTMAN, WEINBERG 8, REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in
support thereof the following:
1. The Plaintiff is, Green Tree Consumer Discount Company, a lending institution duly
authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff').
2. The Defendants, James C. Hartzell and Jody A. Hartzell are adult individuals whose last
known address is244 Brick Church Road, Newville, PA 17241.
3. On or about November 25, 1996, the Defendants, James C. Hartzell and Jody A. Hartzell
executed a Note ("Note") in the original principal amount of $14,000.00.
4. On or about November 25, 1996, as security for payment of the aforesaid Note, the
Defendants, made, executed and delivered to Green Tree Consumer Discount Company, a Mortgage In
the original principal amount of $14,000.00 on the premises hereinafter described, said Mortgage being
recorded in the Office of the Recorder of Deeds of Cumberland County on November 27, 1996, Mortgage
Book Volume 1353, Page 875. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof.
5. The Defendants are the current record and real owners of the aforesaid mortgaged
premises.
6. The Defendants are in default under the terms of the aforesaid Note and Mortgage for, Inter
alia, failure to pay the monthly installments of principal and interest when due.
7. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants
have failed or refused to pay the principal balance, interest or any other portion thereof to Plaintiff.
8. On or about July 19 1999, Defendants were mailed Notice of Homeowner's Emergency
Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of
1983Take Action to Save Your Home From Foreclosure. A true and correct copy of said Notices is
attached hereto as Exhibit "B".
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $14,006.48
Interest thru 09/03/99 $ 2,420.75
Attomeys' Fees $ 800.00
Late Charges $ 306.60
Admin. 2,3 $ 262.00
Appraisal Fee 250.00
TOTAL $18,045.83
10. Contemporaneously hereunder, Defendants have been advised of their right to dispute the
validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice,
attached hereto marked Exhibit "C" and made a part hereof.
WHEREFORE, Plaintiff demands judgment in mortgage Foreclosure for the amount due of
$18,045.83, with interest thereon at the rate of $6.16 per diem from September 3, 1999, plus costs, in
addition to late charges and for foreclosure and sale of mortgaged premises.
WELTMAN, WEINBERG & REIS CO., L.P.A.
Jon A. McKechnie, Esquire
Attomeys for Plaintiff
2601 Koppers Building
3436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #01599197
f
EXHIBIT 6
FMB 8-88 TUE 11:41 AM FAX Nu, y r. U41Ld
ComnmhwullA of Prmrytrbnla Space AbIlb 'krd. Lim For Ruardlas Dw,
OPEN-END MORTGAGE
This Mortgage secures future advances
1, DATE AND PART= The date of this Mongegc (Security Instrument) is ........?7 L?5/.96 ........................ and the
parties, their addresses and lax identification numbers, if required, are as follows:
MORTOAOOF,: JAMES C FWRTZETL
JODY A H AIZ114 LL
13 Ir chocked, refer to the attached Addendum Incorporated heroin, for additional Mongngors, their signatures and
acknowledgments.
LENDER: Green Tree Consumer Discount Ocq=y
3401 Hartzdale Drive
Suite 132
CaM Hill, PA 17011
2, CONVEYANCE. Par good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure
the Secured Dub: (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains,
conveys and mortgages to Lender the following described property:
BRIEF LMGAI, DFZCRIPMCN
ALL TMT COMM PROPERTY SITCATED IN 7HE TOWNSHIP OF UPPER FRANKFORD,
=X= Or CIMERTAAM AND STATE OF DFSCR FM R7 DEED DAT'FD 11//22/96, REKARDEDD 11/25/966, APPEARING AMONG
THE LAND RE(MRDS OF THE. atxim OF amOtLAND AND 91M OF PFI4`i MNANIA
S" FORRII AHOVE IN DEED BOOK 149, PAGE 578.
PARCNj IDR 43-06-0031-002 -- TOWNSHIP OF UPPM FRA 4*-ORD, aMERT AND
ODUKY
The property Is Iacated In .7,41PRERTAW .......................................
(ounaat ................ r...,...........................
......................`A rc..j......................., .. PL•nnsylvanin ...17?%4A .............
(City) tLIF Code)
Together with al: rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights,
ditches, and wator stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at
any time In the 6trure, be put of the real estate described above (all referred to as 'propuny').
3. MAXIMUM 0111,1(:A7ION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not
exceed S ...,.H,.4Q..P.V .................................. This limitation of amount does not include Interest and other fees and
charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances mule under the
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security
Instrument.
4. SECURED DKET AND FUTVRF. ADVANCES. The term 'Secured Debt' is defined as follows:
A. Debt incurred under the terns of all promissory note(s), contract(s), guaranty(s) or other evidence of debt descritmcd
below and all their extensions, renewals, modificalions or substitutions. (When referencing fife debts below it is
suggested soar you incfudt items such at borrowers' manes, note aumounts, interest rates, manrrhy dares, etc.)
PO MAYLVANIA • MPRTGAaa mNur ran rNMA, rNLmc, wA on vA e!0 (pogo r or 6)
611064 bank.. e1N.A.k A . et, C1.µ MN 11 300.007.20411 r.m k MTe•rA 1210H1
FEB.-23-99 TUE 11:41 AM FAX NO. V. Wei
Lander or Lund2r's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
Property. Widur shall give Mortgagor notice at the time of or before an inspections specifying A reasonable purpose for ilia
Inspection. Any Inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's inspcc:lon.
11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the cnvcnnnis contained in this Security
Initrumani, Larder may, without notice, perform or cause them to be performed. Mortgagor Appoints Lundcr as attorney in
fact to sign Mortgagor's name or pay Any amount necessary for performance. Lender's right to perform for Mortgagor shall
not create an obligation to perform, and Lender's failure to perform will not preclude Lander from exercising tiny of Lender's
other rights under ilia law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a
roasonablo manner, Lender may take all steps necessary to protect Lender's security interest in the Property, Including
completion of tho construction.
12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor inuvocably grants, bargains, convoys and mortgages to Lender as
additional secur.ty all the right, title and interest In and to any and all existing or future ]cues, subleases, and any other written
or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals,
modifications tar substitutions of such agreements (all referred to as "Leases") and rents, Issues and profits (all referred to as
"Rents"). Mortgagor will promptly provide Lanier with true and correct copies of all existing and future Leascs. Mortgagor
may collect, re:eivc, enjoy and use die Rents so long as Mortgagor Is not in default under the terms of this Security
Instrument.
Mortgagor ngres that this assignment is Immediately effective butwcert the panics to this Security Instrument and effective as
to third panics an the recording of this Security Instrument, and this assignment will remain effective until the Obligations ore
satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents duo
or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until
Mortgagor dcfanlis and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all
Rents due or to become due directly to Londcr. On receiving notice of default, Mortgagor will endorse and deliver to Lender
any payment of Rents in Mortgagor's possession and will =Iva any Rents in trust for Lender and will not commingle the
Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants
that no default exists under the Lenses or any applicable landlord/tunant law. Mortgagor also agrees to maintain and require
any tenant to comply with ilia terms of the Lenses and applicable law.
13. LEASE11101.05; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of ary lease if this Security instrument is on a leasehold, if ilia Property includes a unit in n condominium or a
planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of
the condominium or planned unit development.
14. DEFAULT. Mortgagor will be in default if any party obligated on ilic Secured Debt fails to make payincnt when due.
Mongagur will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for
the purpose of creating, securing or guarmuylog the Secured Debt. A good faith belief by Lender that Lender at any time is
insecure with mi,pect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of
the Property is impaired shall also constitute an event of default.
1S. REMEDIES ON DEFAULT. in some instances, federal and state law will require Lender to provide Mongagor with notice
of the right to cure or other notices anti may establish time schedules for foreclosure actions. Subject to these limitations, if
any, Lender may accelerate the Securea Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor
Is in default.
'At the option of Lender, ail or Any pan of the agreed fees and charges, Accrued interest and principal shall become Immediately
due and payable, After giving notice if required by law, upon the occurrence of a default or anytime Ihcreafter. In addition,
lAndt'r shall be emptied to ail ilia remedies provided by law, the terms of the Secured Debt, sus Security Instrument and any
related ducumcrra. Ali remedies are distinct, cumulative and not exclusive, and the Lender Is entitled to all remedies provided
at law or equity, whuher or not expressly set forth. 'rhe acceptance by Lender of any suit in payment or panial payment on
ilia Secured Dubl after ilia balance is due or is ac"Iermcd or after foreclosure proceedings arc filed shall not constitute a waiver
of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default,
Lender does tint waive Lender's right to later consider die aveni a default if it continues or happens again.
/pope 7 of al
01914 YwOws av11un6 MO., 01. Ck N, MM I 1 .1 0 0/712411 rwn, A&M TO PA 17110104
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FEB-23-99 TUE 11142 AM FAX NO.
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.00ft. 'aft,
Unless otherwise agreed In writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the
Securw Dubt, %whether or not than due, At Lender's option. Any application of proceeds to principal shall not extend or
postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to ilia
Mortgagor. If die Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting fronn
damage to the Property before the acquisition shall pass to Lender to ilia extent of the Secured Debt immediately before the
acquisition.
20. ESCROW TOit TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not tic
required to pay :o Lender funds for taxes and insurance in escrow.
21. FINANCIAL. REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, tiny
financial stateMi t or information Lender may deem reasonably necessary. Mortgagor agrees to sign, duliver, and file any
additional doctnnonts or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's
obligations undo r this Security Instrument and Lender's lien status on the Property.
22. JOINT AND INDIVIDUAL. LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this
Security lnstrurrow are joint and individual, If Mortgagor signs this Security Instrutneat but does not sign an evidence of debt,
Mortgagor does so only to mortgage Mortgagor's Interest in the Property to secure payment of the Sucurctl Debt and
Mortgagor does nor agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between
Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim
against Mortgaflor or any party indebted under the obligation. These rights may include, but are not limited to, any
anti-defleiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify
or make any change in the terms of this Security Instrunne it or any evidence of debt without Mortgagor's consent. Such a
change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Scoodly
Instrument. shall bind and benefit the successors and ussigns of Mortgagor and Under.
23. APPLICABLE LAW; SEVERABiLITY; INTERPRETATION. This Security Instrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of ilia jurisdiction where ilia
Property is located. This Security Instrument is complete and fully integrated. This Security instrument may not be amended or
modified by ord agreement. Any section in this Security instrument, attachments, or any agreement related to ilia Secured
Debt that confi4ts with applicable law will not be effective, unless that law expressly or implicdly permits the variations by
written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be
severed and wit. not affect ilia enforceability of the remainder of this Security Instrument. Whenever used, tike singular shall
include the plural and the plural the singular. The captions and headings of the sections of this Security instrument me for
convenience only and are not to be used to interpret or dofine the terms of this Security Instrument. Time is of the essence in
this Security instrument,
24. NOTICE.. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to
the appropriate party's address on page I of this Security Instrument, or to any other address designated In writing. Notico to
one mortgagor will be deemed to be notice to all mortgagors.
25. WAIVERS. 6xl:cpt to the extunt prohibited by law, Mortgagor waives any right to appraisement relating to the Property.
!papa 5 or 6)
0109e O9OYW4 epladl, Ina., al. elowl, MN 11.400-391.90411 ru,m a6MTe•PA 12/19/94
FE9-23-99 TUE 11:42 AM FAX NO. r. utle.-j
ROBERT P. ZIECLER eft
V RECORDER OF DEEDS
r,l;MDERLAND COUNTY-PA
'96 N01127 HM 10 57
0-mmonwedla of remaylvanla gprn Above This Um For Reeardlna Dale
OPEN-END MORTGAGE
This Mortgage secures future advances
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) Is .....,...1??Z?/9? ........................ and the
pasties, their addresses and tax identification numbers, if required, are as follows:
MORTOAGOR: JX4ES C HARTZ;ELL
JODY A HARTZE L
O If checked, refer to the attached Addendum incorporated hetcht, for additional Mortgagors, their signatures and
acknowledgments,
LENDER: Greet Tree Consumer Discount Cctrpany
3401 Hartxdale Drive
Suite 132
Carp Hill, PA 17011
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which Is acknowledged, and to secure
the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, mortgagor grants, bargains,
eons ays mud mortgages to Lender the following described property:
BRIEF LFGAL DESCRIPTION ,
ALL THAT CERTAIN PROPERTY SI'TUATFD IN THE TOWNSHIP OF UPPER FRANKFORD, COUNTY OF
CUMHFRLAND AND STATE OF PENNSYLVANIA BEING MORE FULLY DESCRIBED IN DEED DATED
11/22/96, RICORDM) 11/25/96, APPFARING AMONG THE LM)D RECORDS OF THE COUNTY OF
CUB03ERLANn AND STATT OF PENNSYLVANIA SET FORTH AHOVC IN DFVD BOOK 149, PAGE 570.
VARCET, 1DN 43-06-0031-002 -- TOWNS14IP OF UPPER FRANHFORD, CUMBERLAND COUNTY
The property Is located in .W 1M RMW .................................................... at ,...............................................
(Counq)
........
................... .................... ................. .. Pennsylvania,..,?X$? ....
(Addms) (City) (ZIP Code)
Together with all rights, easements, appurtenances, roysities, mineral rights. oil and gat rights, all water anil ripadan rights,
ditches, and water stock and all existing and future improvements, sltnctures, fixtures, and replacements that may now, or at
any time in the fixture, be pan of the real estate described above (all referral to as 'Property').
3. MAXIMUM OBLIGKIION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not
exceed $ .....11400.9 .................................. This limitation of amount does not Include interest and other fees and
eddies validly made pursuant to this Security Instrument. Also. this limitation does not apply to advances made under the
terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained In this Security
Instrument.
4. SECURFM AYBT AND FUTURE ADVANCES. The term 'Secured Debt' Is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guarsnty(s) or other evidence of debt described
below slid all their extensions, renewals, modifications or substitutions. (Men referencing the debt; below It Is
suggested that you Include Items such as borrowers ' names, note amounts, Interest mru, maturhy dares, etc.)
eoitd353 PAGE 975 tpFPe t et o,
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B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory
note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security
Inslmmen: whether or not this Security instrument Is specifically referenced. If more than ono person signs this Security
Instrumen•., each Mortgagor agrees that this Security instrument will secure all future advances and future obligations
that are g.van to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future
advances and other future obligations are secured by this Security Instrument even though all or pun may not yet be
advanced. All future advances and other future obligations are secured as If made on the date of this Security Instrument.
Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances In any
amount. Any such commitment must be agroed to in a separate writing.
C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, Including, but not
limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender.
D. All additional sutra advanced and expenses incurred by fender for insuring, preserving or otherwise protecting the
Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
This Security In, trument will not secure any other debt if Lender fails to give any required notice of the right of rescission,
5. PAYMENTS, Mortgagor agrees that all payments under the Secured Debt will be paid when due and In accordance with the
terms of the Secured Debt and this Security Instrument.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this
Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that
the Property is u iencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
document that caroled a prior security interest or encumbrance on the Property, Mortgagor agrees:
A. To mako all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow zny modification or extension of, nor to request any future advances under any note or agreement secured
by the lien document without Lender's prior written consent.
S. CLAIMS AGAIVST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all
notices that suck amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the
Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as
requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to
maintain or improve the Property,
9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be
immediately due.md payable upon die creation of, or contract for the creation of, any lien, encumbrance, transfer or suit of the
Property. This right is subject to the restrictions Unposed by federal law (12 C.P.R. 591), as applicable. This covenant shall
run with the Property and shall remain In effect until the Secured Debt is paid in full and this Security Instrument Is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property In good condition and
make all repairs Lint are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of
the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of she
occupancy and use will not substmitlally change without Lender's prior written consent. Mortgagor will not permit any change
In any license, restrictive covenant or casement without Lender's prior written consent. Mortgagor will notify Lender of all
demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property.
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Lender or Lender's agents may, at Lender's option, enter the Property at say reasonable time for the purpose of inspecting the
Property. Lender shall give Mortgagor notice at the time of or before an Inspection specifying a reasonable purpose for the
inspection. Any Inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Lender's Inspection.
11. AUTHORI'PS' TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security
Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in
fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall
not create an obligation to perform, and Lender's railuse to perform will not preclude Lender from exercising any of Leader's
other rights order the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a
reasonable tnrnner, Under may take all steps necessary to protect Lender's security interest in the Property, Including
completion of the construction.
12. ASSIGNMENT OF LEASES AND RENTS, Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as
additional sect rity all the right, title and interest in and to any and all existing or future leases, subloises, and any other written
or verbal agwoments for the use and occupancy of any portion of the Property, including Any extensions, renewals,
modifications or substitutions of shell agreements (all referred to as "Leases") and rents, issues and profits (all referred to as
"Reno"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor
may collect, receive, enjoy and use the Rents so long as Mortgagor is not In default under the lerms of this Security
Instrument.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and affective as
to third parties on the recording of this Security instrument, and this assignment will retrain effective until the Obligations are
satisfied, Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due
or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until
Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenans pay all
Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender
any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the
Rents with any other funds. Any amounts collected will be applied as provided In this Security Instrument. Mongagor warrants
iliac no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require
any tenant to damply with the terms of the Lenses and applicable law.
13. LEASEHOLDS; CONDOMINIUMS; PLANNED UN1T DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of r.ny lease if this Security Instrument is on a leaseltold. If the Property includes a unit in a condominium or n
planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws. or regulations of
the condominir m or planned unit development.
14. DEFAUL'T'. Mortgagor will be in derault if any party obligated on the Secured Debt fails to make payment when due.
Mortgagor will be in default If a breach occurs under the terms of this Security instrument or any other document executed for
the purpose of creating, securing or guarantying the. Secured Debt. A good faith belief by Lender that Lender at any time is
Insecure with n:spect to any person or entity obligated on the Secured Debt or That the prospect of any payment or the value of
the Property is impulsed shall also constitute an event of default.
1S. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice
of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if
any, Lender entry accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor
is in default.
At the option o:' Lender, all or any pan of the agreed fuel and charges, accrued interest and principal shall become immediately
duo and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition,
Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument And any
related documents. All remedies are distinct, cumulative and not exclusive, and the Lender Is entitled to all remedies provided
at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum In payment or partial payment on
the Secured Debt after the balance is due or Is accelerated or after foreclosure proceedings are filed shall not constitute a waiver
of Lender's right to require complete cure of any existing default. By not exercising any remedy on Morgalor's default,
Leader does not waive Lender's right to later consider the event a default if it continues or happens again.
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16. EXPENSES; ADVANCES ON COVENANTS; ATTOPMYS' FEES; COLLECTION COSTS. Except when prohibited
by law, Mortgagor agrees to pay all of Leader's expenses if Mortgagor breaches any covenant in this Security instrurpent.
Mortgagor will also pay on demand any amount incurred by Lender for insuring, Inspecting, preserving or otherwise
protecting the P.•oporty and Lender's security Interest, These expenses will bear interest from the date of the paynunt until paid
in full at the highest inturest rate In effect a provided in the terme of the Secured Debt. Mortgagor agrees to pay all costs and
expenses incurred by Leader in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amount cony include, but is not limited to, attorneys' fees, court costs, and other legal expenses, This Security Instrument
shall remain in t fleet until released. Mortgagor agrees to pay for any recordation costs of such release.
17. ENVLRONME14TAL LAWS AND HAZARDOUS SUBSTANCES. As used In this section, (l) Environmental Law means,
without limitation, rho Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C, 9601
of seq.), and all other federal, state and local laws, regulations, ordinances, coun orders, attorney general opinions or
Interpretive lautrs concerning the public health, safety, welfare, environment or a hazardous substance; just (2) Hazardous
Substance meant, any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has charactcrisdes which
reader the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term
includes, without limitation, any substances defined as 'hazardous material,' "toxic substances,' "hazardous waste" or
"hazardous subsi ante" under any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located,
armed or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substarim that
are genera; ly recognized to be appropriate for the normal use and maintenance of die Property.
B. Except as ;?roviously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and
shall remain in full compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if it role= or threatened release of a Hazardous Substance occurs on, under
or about Cie Property or there is a violation of any Environmental law concerning the Property. In such s4 event,
Mortgagor shall take all necessary remedial action in accordance with any Envirorwental Law,
D. Mortgagor shall immediately notify Lender In writing as soon as Mortgagor has reason to believe there is any pending or
direatened investigation, claim, or proceeding relating to the release or threatened rolease of any Hazardous Substance or
the violation of any Environmental Law,
18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public
entities to purchase or take any or all of ilia Property through condemnation, eminent domain, or any other means. Mortgagor
authorizes Lender to intervene In Mortgagor's name in any of the above described scion or claims. Mortgagor assigns to
Lender the proceeds of any award or claim fur damages connected with a condemnation or other taking of all or any part of the
Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This
assignment of proceeds is subject to die terms of any prior mortgage, deed of trust, security agreement or other lieu document.
19. INSURANCE. Mortgagor shall keep Property ituured against loss by fire, flood, theft and other hazards and risks reasonably
associated with ilia Property due to Its type and location. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval,
which shall nor be unreasonably withheld. If Mortgagor falls to maintain ilia coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument.
All Insurance policies and renewals shall be acceptable to Lender and shall include a standard 'monguge clause' and, where
applicable, "loss payee clause." Mortgagor shall Immediately notify lender of cancellation or termination of the Insurance.
Lender shall have the right to hold the policies and renewals. If Lewder requires, Mortgagor shall Immediately give to Leader
all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the Insurance carrier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
eoodW PAGE 878
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FEB-23-99 TUE 11:44 AM FAX NO, -- P. 1? /23
Unless otherw;so agreed in writing. Ali insurance proceeds shoji be applied to the restoration or repair of the Property or to the
Secured Debt, whether or not than due, at Lender's option. Any application of proceeds to principal shoji not extend or
postpone the flue date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the
Mortgagor, If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from
damage to the Property before the acquisition shall pus to Lender to the extent of the Secured Debt immediately before the
acquisition.
20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be
required to pay to Lender funds for taxes and insurance in escrow.
21, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, Any
financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any
additional doraments or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's
obligations under this Security Instrument and Lender's lien status on the Property.
22. JOINT AND :INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All dudes under this
Security Instrument are joint and Individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt,
Mortgagor dolts so only to mortgage Mortgagor's interest In the Property to secure payment of the Secured Debt and
Mortgagor does not agree to be personally liable on the Secured Debt, If this Security Instrument secures a guaranty between
Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim
against Mortgagor or any perry indebted under the obligation. These rights may Include, but are not limited to. any
amt-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify
or snake any change In the tenors of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a
change will not release Mortgagor from the terms of this Security Instrument, The duties and benefits of this Security
Instrument $141 bind and benefit the successors and assigns of Mortgagor and Lender.
23. APPLICABLE LAW; SEVERADILITY; INTERPRETATION. This Security instrument is governed by the laws of the
jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the
Property is located, This Security Instrument is complete and fully Integrated. This Security Instrument may not be amended or
modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured
Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly penniis the variations by
written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be
severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall
Include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for
convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time Is of the essence in
this Security Instrument.
24. NOTICE. Unbas otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to
the Appropriate party's address on page I or this Security Instrument, or to any other address designated In writing. Notice to
one mortgagor will be deemed to be notice to all mortgagors,
Is. WAIVERS. E7;ccpt to the extent prohibited by law, Mortgagor waives any right to appraitement relating 10 the property.
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26. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
? Line of Credit. The Secured Debt Includes a revolving line of credit provision. Although the Secured Debt may be
reduced 1) a Zero balance, this Security Instrument will remain in effect until released.
? Construction Loan. This Security Instrument secures an obligation Incurred for the construction of an Improvement on
the Property,
? Fixture 14fing. Mortgagor grants to Lender a security Interest In all goods that Mortgagor owns now or In the future
and that in or will become fixtures related to the Property. This Security Instrument suffices as a financing statement
and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of 1118 Uniform
Commercial Code.
? Purchase Money. This Security Instrument secures advances by Lender used in whole or in pan to acquire the
Property, Accordingly, this Security Instrument, and the lien hereunder, Is and shall be construed as a purchase money
mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania.
? NOTICE TO BORROWER; TINS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE
INTEREST RATE,
? Riders. I tic covenants and agreements of each of the riders checked below are Incorporated into and supplement and
amend tho terms of this Security Instrument. [Cheep all applicable boxes]
? Condcminium Rider ? Planned Unit Development RWer ? Other ..............
? Addiflunni Terms.
SIGNATURES: By signing below, Mortgagor, Intending to be legally bound hereby, agrees to the terms and covenants contained
In lids Security loatniment and In any attachments, Mortgagor also acknowledges receipt of a copy of this Security Instrument on
the data stated on page 1.
(si arc)JAN/1t:/SfJ,C/liFtR'PZEGA .. . . ,
(wlmrr) ........................
(tltnamrc) •I..AA ............ HARTZM (Date)
(Wiu,w) . ...................
ACKNOWLEDGMENT,
cw.uW, COMMONWEALTH OF ,,,,,,,,,, „ COUNTY OF
On this, the .......7,5th........ ?99? ss.
, ,25 ?3L. ., before me , :? ?(?l
the unduulgned officer, personally appeared J .,V .."""
sISY..A. iI'sfP ...................
the person(s) whets name(s) is subscribed ........................
mee(t) Is to to th th•e••••••••within•. instru nstr , ant......, known to me (or satisfactorily proven) to be
rment, and acknowledged that he/tha executed the same
ba• ,1 i?yvt:4s,U111 dlo purposes therein contained,
. "N@l9[1l1AY11ma and official seal.
VMAm!L Butcbbo, Notary PubGo fl?
u Carlisle, Cumberland County
uLAC G?CMU ..........
]Ify commission aspires July 27,1998 I
Of the Lender within named
, ;., :nand I ""
111, it . then for the recording of needs
•??nburland Cou
t., 1J,?f?v0t-' PaT'01
ot/ 6 day of ofl'I ,.
c l•, e"Iz f A bL' day o_ 1 ti Y
i _ c
N?1 BY..k17RIrW ....................................................
Till of eftkv
.................................................. .
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e as niRmme/M r 'r ` a6o/6/
EXHIBIT
,?_
Date: July 19,1999
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE*
attached pages.
LA NOTIFICACION EN ADAWO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney In your area. The local bar association
may be able to help you find it lawyer.
HOMEOWNER'S NAME(S): Tames C Hartzell and Jody A Hartzell
PROPERTY ADDRESS: 244 R i k Church Road Neawille PA 17241
LOAN ACCT. NO.: 6700118943
ORIGINAL LENDER: Green Tree Consumer Discount Company
CURRENTLENDER/SERVICER: en Tree Consumer Discount Company
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 CITE "ACTS, YOU
MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - 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 one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST
CONSUKER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. 7 be names. addresses. and
the pRroperty is located are set forth at the end of this Notice It is only necessary to
one face-to-face meeting. Advise your lender me a e of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the
reasons set forth later in this Notice. (See following pages for specific information about the
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Assistance Program.
To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at
the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30)
days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO
OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that 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 the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to datel.
NATURE OF THE DEFAULT_ - The MORTGAGE debt held by the above lender on your
property located at:
244 Brick Church Road
ewville. PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
Payments Due for 9/1/98 to 7/1/99 $2,133.06
Payment Amount $193.91
Other charges (explaintitemize):
Late Charges
Appraisal Fee
Misc. Charges
Title Search
$ 267.72
$ 250.00
$ 12.00
$ 250.00
TOTAL AMOUNT PAST DUE:
$ 2,383.06
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30)
DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO
THE LENDER, WHICH IS $2,383.06, PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
ma& Ravable and sent to:
Green Tree Consumer Discount Company
7360 South Kyrene Street
Tempe, AR 85283
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate
the mortgage debt. This means that the entire outstanding balance of this debt will be
considered due immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose u Ron
your mortgaged nrooerty
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender-refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yqy
performing any other requirements under the mort¢a¢e. Curing your default in the manner
set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
FART IEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately 8
months from the date of this Notice. A notice of the actual date of the Sheriffs 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 or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Green Tree Consumer Discount Company
7360 South Kyrene Street
Tempe, AR 85283
888-315-8733 X36239
Contact Person: Harold Williams
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You _ may or _ may not (CHECK ONE) sell
or transfer your home 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 of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON
YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,
YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS,
• TO ASSET ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
Of Western PA, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
717-541-1757
Financial Services Unlimited
117 West Yd Street
Waynesboro, PA 17268
717-762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, PA 17101
717-234-5925
Fax 717-232-4985
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
717-243-3818
Fax 717-243-3948
?,•?tv?G\?a?
on A. McKechnie
Attorney for Plaintiff
Weltman, Weinberg & Reis, Co. L.P.
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED SHALL BE USED FOR THAT PURPOSE.
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EXHIBIT' ??
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm Is required to advise you that unless within 30 days after receipt of
this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed
to be valid by us. If said notification is sent to us in writing, we are required to provide you with
verification of the debt. In the event within a 30-day period you request in writing the name of
the original creditor, It will be provided to you if different from the current creditor. In the event
that you dispute the debt and/or request the name of the original creditor in writing within the
30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the
verification and/or name of the original creditor has been provided to you.
This law firm Is attempting to collect this debt for our client and any information obtained
will be used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is
separate and distinct from the foregoing Complaint which must be responded to in conformity
with the Instructions therein. Because of the difference in time parameters, we will not move for
Default Judgment for at least thirty (30) days from the date of service of this Complaint upon
you, and if you request verification, we will not move for Default judgment until a reasonable
time after verification has been provided, and after the expiration of the thirty (30) day period
from the date of service.
.SOD. 3. 1999 6:460
No•4254 P. 2/1
^ I
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904
relating to unsworn falsMlcatlons to authorities, that he/she is_A?a 6r/,
Ft?e??s fQec,Al fl oQaxJ7m7C GAx"Mw J mvo,-, plaintiff herl I in, '
(TITLE) (COMPANY)
that he/she Is duly authorized to make this verification, and that the facts set forth iri the
foregoing Complaint are true and correct to the best of hislher knowledge, information and
belief.
(Signature)
Hartzell; 01599197
WELTMAN, WEINBERG & REIS
G LPA
ATTORNEYS AT 1AW
2601 EODPere Bu M41
436 seventh Avenue
P1ttsbum%PA 15219
(412) 434-7955
a vaANn , COLUMDIUS, CBVCUM.1 M , PTTTSBURGH
(,,"YPch Tee- 61aj n? Pr -
Plaintiff NO:
Vs.
, rnrS C' Nmhof aid
Defendants.
Please serve f7??ll?fZ Cl or an adult person in charge of the
residence at 19W AIC4 02U 1612 & AJJP40I )ode
Very Truly Yours,
Angela &Schoreld
L"W
Paralegal
WELTMAN, WEINBERG . & REIS
ATrOBNEYSATLAW '
2601 Koppee BuitdW
436 Seventh Avenue
Pittsburtb,PA 15219
(412) 434.7955
CLEVELAND. COLUMBUS. COVCBVNATi. PITTSBURGH
(??? n Tv? Ce??9,lnt?r
?IsCou.nf ernes ??
Plaintiff
NO:
Vs.
t,?firnDa (y Na ??>°N /end
L) .U A ?(?,?? z c? •
Defendants.
Please serve ?w Mi T l tiQ/?2 ?l / or an adult person in charge of the
residence at ?(lu?'?CKrj1uCal d, yj Ull?a ?l/ .
Very Truly Yours,
Angela M. Schofield
Paralegal
W
C
1 U
114
?9-
0
Greentree Consumer Discount Co. In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
James C. Hartzell and Jody A. Hartzell No.1999-6369 Civil
6rI7 XO
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 13.34
Advertising 15.00
Posting Bills 15.00
Law Library .50
County 1.00
Mileage 11.16
Certified Mail 3.33
Levy 15.00
Postpone Sale 40.00
Surcharge 24.00
Law Journal 279.35
Partiot News 207.64
Share of Bills 25.08
$680.40 Pd by Atty
5/24/00
Sworn and subscribed to before me
This 0' day of
2000, A.D. /`U"-f
r thonotary
swe?
R. Thomas Kline, Sheriff
B4??
Real Estate Deputy
1.0
UP, 2 M I
(2. 96vbo
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 99-5720
vs.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
TYPE OF PLEADING:
SUPPLEMENTAL AFFIDAVIT
Filed on Behalf of:
Plaintiff
Counsel or Record for this Party:
JON A. McKECHNIE
PA I.D. #36268
Wellman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
4367 1h Avenue
Pittsburgh, PA 15219
W W R #01599197
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
NO: 99-5720
SUPPLEMENTAL AFFIDAVIT
BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie,
Esquire, who according to law deposes and states that a copy of the Notice of Lienholders and
Other Parties of Interest Pursuant to PaR.C.P. 3129.2(c) has been served on the following
additional lienholders or other parties of interest, that were not included in the original 3129.1
Affidavit, on January 18.2000:
York Federal Savings & Loan
101 South George Street
York, PA 17405
- ------ ;a^ drtl Soal
Mal M. Jona,, Notary Puuc
FGigsGurgh, Allu 6 County
bsbu E>q?tre nj Cune 1Z o 20W
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Jon A. McKechnie
Attorneys for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
Sworn_tq and ? bscrikbed before me
his 26 day of_ (typ'2000.
Notary Public
L OR Mon rERINAMO OF M AILn1 «««««*««_?`?
FD FOR DOMESTIC AND INTERNATIONAL MAIL, OOEB N( ??? I IG7 ,,' r K
?'°?iT(iAt?, !"9EERiDEFIG & REi3 CO., L.P /i
2G01 Kooo rc lild(n0 ?a? CM a
436 Seventh Avenue ur y lzi
mail addmmd to:
381
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Vs.
Plaintiff, NO: 99-5720
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ALLEGHENY )
Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth as of the date
of the Praecipe for the Writ of Execution was filed the following information concerning the real property
of James C. Hartzell and Jody A. Hartzell, located at 244 Brick Church Road, Newville, PA 17241 and is
more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES C. HARTZELL AND JODY A. HARTZELL
OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF UPPER
FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 244 BRICK CHURCH ROAD, i
NEWVILLE, PA 17241. DEED BOOK VOLUME 149, PAGE 578, PARCEL NO. 43-06-0031-002.
I. The name and address of the owners or reputed owners:
James C. Hartzell and
Jody A. Hartzell
2. The name and address of the Defendants in the judgment:
James C. Hartzell and
Jody A. Hartzell
244 Brick Church Road
Newvllle, PA 17241
244 Brick Church Road
Newvllle, PA 17241
3. The name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Green Tree Consumer Discount PLAINTIFF
Company
Tax Claim Bureau
Courthouse
One Courthouse Square
Carlisle, PA 17013
4. The name and address of the last record holder of every mortgage of record:
Green Tree Consumer Discount PLAINTIFF
Company
5. The name and address of every other person who has any record lien on the property:
NONE
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
NONE
7. The 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:
Inheritance Tax Bureau
Courthouse
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Pennsylvania Sales & Use Tax
Claim Bureau
13 North Hanover Street
Carlisle, PA 17013
PA Department of Revenue
Office of Chief Counsel
10'" Floor, Strawberry Square
Harrisburg, PA 17128-1061
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of
the condition of the title of the real estate which is being sold under this execution. No person or entity is
entitled to rely on any statements made herein in regard to the condition of the title of the property or to
rely on any statement herein In formulating bids which might be made at the sale of the property.
I verify that the statements made in the 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.A. §4904 relating to unsworn falsification to authorities.
Im O t?M.. Jha? relsle, Fota
My ca rt4i'ubn fi rs ent' c Public
e June IT 2000
MbmW. *W RssocW0onolNoWle?
)Jnli?Ak McKechnie
Attorneys for Plaintiff
Swo_"-Nay subscribed before me
this of [cr 1999.
Notaryu tic
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff, NO: 99-5720
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: JAMES C. HARTZELL
TAKE NOTICE that by virtue of the above Writ of Execution Issued out of the Court of Common
Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will
be exposed to Public Sale in the
2nd Floor
Cumberland County Courthouse
Commissioners Hearing Room
Carlisle, PA
on March 1, 2000, at 10:OOA.M., the following described real estate, of which James C. Hartzell and Jody
A. Hartzell are the owners or reputed owners:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES C. HARTZELL AND JODY A. HARTZELL
OF, IN AND TO:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF UPPER
FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING
ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 244 BRICK CHURCH ROAD,
NEWVILLE, PA 17241. DEED BOOK VOLUME 149, PAGE 576, PARCEL NO. 43-06-0031-002.
The said Writ of Execution has been issued on a judgment In the mortgage foreclosure action of
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
at Execution Number 99-5720 in the amount of $19,252.00, with appropriate continuing Interest,
attorneys fees, and costs as set forth In the Praecipe for Writ of Execution.
Claims against the property must be filed with the Sheriff before the above sale date.
Claims to proceeds must be made with the Office of the Sheriff before distribution. -
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days
from sale date.
Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the
Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the
Sheriff.
The Writ of Execution has been issued because there is a judgment against you. It may cause
your property to be held or taken to pay the judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more specifically of these rights. If you wish to
exercise your rights, you must act promptly. ;f
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE.
ax
Cumberland County Court
Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249.3166
v
You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to
exercise those rights, prompt action on your part is necessary.
You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a
petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or objection
within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend,
you may have the right to have the judgment opened if you promptly file a petition with the court alleging
a valid defense and a reasonable excuse for failing to fife the defense on time. If the judgment Is
opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff
has a valid claim to foreclose the mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a valid
return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20)
days after service or in certain other events. To exercise this right you would have to file a petition to
strike the judgment.
You may also have the right to petition the Court to stay or delay the execution and the Sheriffs
Sale If you can show a defect in the Writ of Execution of service or demonstrate any other Iegal or
equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE
PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE
SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT
AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY.
THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED
WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN
THE OFFICE OF THE SHERIFF.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Jd1i A. McKechnie, Esquire
Attorneys for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
VS.
Plaintiff, NO: 99-5720
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants
LONG FORM DESCRIPTION
ALL THAT CERTAIN parcel of land situate in Upper Frankfurd Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a stone in the center of the public road leading to the Brick Church and a"comer
of land now or formerly of James Shetron; thence by the same, South 67 degrees West, 19 perches to a
stone; thence by lands now or formerly of Aseph Wright Estate, North 37 Yz degrees West, 28.8 perches
to a stone; thence by the same, North 67 degrees East, 26.8 perches to a stone in the aforesaid public
road leading from Gillespie's School House to the Brick Church; thence by said road and lands now or
formerly of George B. Wickard, South 21 '/: degrees East, 28 perches to the place of beginning.
CONTAINING four (4) acres, the above-described premises having thereon erected a two-story
frame dwelling house and other improvements.
BEING the same premises which James C. Hartzell, a married person, by Deed dated November
22, 1996 and recorded on November 25, 1996 at Deed Book Volume 149, Page 578 and recorded in the
Recorder's Office of Cumberland County, granted and conveyed to James C. Hartzell and Jody A.
Hartzell, as husband and wife.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Jon A. McKechnie
Attorney for Plaintiff
2601 Koppers Building
436 Seventh Avenue
Pittsburgh, Pennsylvania 15219
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-5720 CIVIL 19
_
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, Interest and costs due Green Tree Consumer Discount Co.
PLAINTIFF(S)
from James C. and Jody A. Hartzell, 244 Brick Church Rd., Newville PA
17241.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located
in Upper Frankford Twp., Cumberland Co. PA (See attached legal
description.)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the gamishee(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) It propertyot the defendant(s) not levied upon an subjectio attachment is found in the possession of anyoneother
than a named garnishee, you are directed to notify himtherthat he/she has been added as a gamishee and is enjoined as above
stated.
Amount Due $18,497.74 LL $.50
Interest $6.15/diem from 11/12/99 $676.50 Due Proihy $1.00
Ally's Comm %
Atty Paid $120.06
Plaintiff Paid
Other Costs
Late charges thru 3/1/00 $77.76
Date: December 13, 1999
REQUESTING PARTY:
Name Jon A. McKechnie, Esq.
Address: 23601 Koppers Bldg., 436 7th Ave.
Pittsburgh PA 15219
Attorney for: Plaintiff
CURTIS R. LANG 17
Prothon aryCivil Division
by:
Deputy
Telephone:
Supreme Court ID No.
REAL ESTATE SALE No. ?A
On j&?/I, tfff the sheriff levied upon the defendants
Interest In the real property situated ina*g"A- ' - 91664?
Cumberland County, Pa., known and numbered as: 9.W wA - a44
?- and more f;i!iy described on Exhibit ..A„ filed wi.?
this writ and by this referei.ce incorporated herein.
Date: /L ? BB??, ,
40-
avoa-
66, !fin ?o ?l q? aaQ
low
ddill:ilf?.• di?idU3;?IddO
THE k TRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
1111dera6t No. 527- rlaaraeae 111 a sees
Commonwealth of Pennsylvania, County of Dauphin) se
Frank J. Epler being duly sworn according to low, deposes and says:
That he Is the Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE
SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In
the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established
March 4th, 1854, and September 18th, 1049, respectively, and all have been continuously published ever since;
That the printed notice or publication which Is securely attached hereto is exactly as printed and published In
their regular dally and/or Sunday and Metro edhioneAssuss which appeared on the 25th day of January and the tat
and Sth day(s) of February 2000, That neither he nor said Company Is Interested In the subject matter of sold
printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In
the office for the Recording of Deeds In and for said County of Dauphin in Miscellaneous Book 'M',
Volume 14, Page 317.
PUBLICATION
COPY
BALEne
me this 25th
Nola:,o v
7eiry 1. Run I. Noary WANG N TAR PU LIC
Heols urg, DeuPNn,,,
My Commission ExOres June 6.2002
Member, Pennsylvania Assmiatlon mission expires June 8, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on tha above stated dates $ 208.14
Probating same Notary Fee(s) $ 1.50
Total $ 207.84
,sheras Receipt for Advertising Cost
ter of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
eceipt of the aforesaid notice and publication costs and certifies that the same have
THE PATRIOT-NEWS CO.
By ..................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Y
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL UTATE SAri NO. 28
Writ No. 99-5720 Civil
Green Tree Consumer
Discount Company
VS.
James C. Hartzell and
Jody A. Hartzell
Atty.: Jon McKechnte
LONG FORM DESCRUMON
ALLTHAT CERTAIN parcel of land
situate In Upper Frankford Town-
strip, Cumberland County. Pennsyl-
vama, bounded and described as fol-
lows, to wit:
BEGINNING at a stone in the cen-
ter of the public road leading to the
Brick Church and a corner of land
now or formerly of James Shetron:
thence by the same. South 67 de-
grees West 19 perches to a stone:
thence by lands nave or formerly of
Aseph Wright Estate, North 37 1/2
degrees West. 28.8 perches to a
Ro er M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
4 day of FEBRUARY. 2000
1015 E. SNYDER. Notary Public
Carllde aoro, Cumboriond County, PA
My C+mm6don Expires Morch 5, 2001
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND ss.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates.
Afffant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
RZA& Z0TATZ alri NO. as
Writ NO. 99-5720 Civil
Green Tree e Consumer
Discount Company Roger M. Morgenthal, Editor
VS.
James C. Hartzell and
Jody A Hartzell SWORN TO AND SUBSCRIBED before me this
Atty.: Jon McKec eiLechme 4 da of _FEBRUARY, 2000
y
LONG FORM DESCRIPTION
ALLTHATCERTAIN parcel of land '
situate in Upper Fn ddord Town-
' ship. Cumberland County. Pennsyl-
vama, bounded and described as fol-
lows, to wit:
NOTARIAL SEAL
BEGINNING at a stone In the cen- LOIS E. SNYDER, Notary public
Cerli,i• Dora, Cumborlor,d
ter of the public road leading to the
Brick Church and a corner of l •`1Y Commirr;',n Eau7ro, ma h S, 2Wx1
and
now or formerly of James Shetron;
thence by the same. South 67 de-
grees West. 19 perches to a stone;
thence by lands now or formerly of
Aseph Wright Estate, North 37 1/2
degrees West. 28.8 perches to a
stone; thence by the same. North 67
degrees East, 26.8 perches to a stone --
in th ---
e aforesaid public road leading
from Glliespie's School House to the
1 Brick Church; thence by said road ?
and lands now or formerly of George .
B. Wlckard, South 21 1/2 degrees
East, 28 perches to the place of be-
?
COMMINING four (4) acres, the
above-described premises havi
ng
thereon erected a two-story frame
dwelling house and other improve. I.
ments.
I BEING the same premises which
James C. Hartzell, a married person,
by Deed dated November 22
1
,
996
and recorded on November 25, 1996
at feed Book Volume 149, Page 578
and recorded in the Recorder's Office ?....= ?'
of Cumberland County. granted and
.,? . . - conveyed to James C. Hartzell and
Jody A. Hartzell, as husband and
r
.,. wife. ...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
vs.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Civil Action No. 99-5720 CIVIL
Defendants.
TYPE OF PLEADING:
PRAECIPE TO STRIKE JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Kimberly J. Hong, Esquire
PA I.D. #74950
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434.7955
WWR#01599197
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
Civil Action No. 99-5720 CIVIL
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants.
PRAECIPE TO STRIKE JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to strike the
judgment on the above referenced case number.
Sworn to and subscribed
before me this /P day of
WELTMAN, WEINBERG & REIS CO. P.A.
By:
Kimberly J. Hong, Esquire
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
NOTARIAL SEAL
MELA M. SCHOFIELD, NOT!, 14', PUP,
rV OF PITTSBURGH, ALLEGHEN9 CC K:
MY COMMISSION ERPIRES MARCH P. 2CG,j
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
JAMES C. HARTZELL and
JODY A. HARTZELL,
Defendants.
Civil Action No. 99-5720 CIVIL
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Kimberly J. Hong
PA I. D. #74950
Waltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
438 Ph Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#01599197
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
JAMES C. HARTZELL and Civil Action No. 99-5720 CIVIL
JODY A. HARTZELL,
Defendants.
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
PROTHONOTARY:
Kindly settle and discontinue the above-captioned matter without prejudice and mark the docket
accordingly.
Respectfully submitted:
Sworn a d subscribed before
This day of 6 ore
2005.
( IVotaryDUblic ?
Waltman, Weinberg & Reis Co., L. .
By:
Kimberly J. Hong
Waltman, Weinberg $ Reis Co., L.P.A.
2718 Koppers Building
436 7 ^ Avenue
Pittsburgh, PA 15219
(412) 434-7955
NOTARIAL SEAL
ANGELA M. SCHOFIEELD, NOTARY PUBLIC
CITY OF PITTSBURGH, ALLEGHENY COUN IY
MY COMMISSION EXPIRES MARCH H, XT
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