Loading...
HomeMy WebLinkAbout01-0353 FX FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. STAGY E. HOCKENBERRY AND NO. 2001 00353 ROBERT G. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 297 SHED ROAD, NE[dVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Financial Trust Company One West High Street Carlisle, PA 17013 William A. Duncan, Esquire Atty for Financial Trust Company One Irvine Row Carlisle, PA 17013-3019 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Norwest Consumer Discount Co. 4813 Jonestown Road Suite 107 Harrisburg, PA 17112 Cumberland County Adult Probation Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Farmers Trust Company One West High Street Carlisle, PA 17013 Commercial Credit Corporation 1320 Lincoln Way East Suite 13 Chambersburg, PA 17201 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street ~ Southwest Washington, D.C• 27410-8000 U.S. Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New Yorlc 12203-5121 S. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic RelatiUns Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 ,~ .. (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 13, 2001 ,~ ~~~ ~ ~ o ~ r2~r: :tom; xs =a Y~~ r:. vJ ~' -... ~' _p l?+ -C.¢' .C- -;-;Q cf„ `_;C~ ~~ti' ..~ ~7C rn ~D FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. STACY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE TffiS FHBM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice aze served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICB'ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. STACY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 Attorney LD.# 15700 Attorney for Plaintiff FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. STACY E. HOCKENBERRYAND ROBERT G. HOCKENBERRY, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, STACY E. HOCKENBERRY, is an adult individual, whose last known address is 1445 HOLLY PIKE, #C, CARLISLE, PENNSYLVANIA 17013. Defendant, ROBERT G. HOCKENBERRY, JR., is an adult individual, whose last known address is 297 SHED ROAD, NEWVILLE, PENNSYLVANIA 17241. 3. On or about, June 30, 1992 the said Defendants executed and delivered a Promissory Note ("Note") in favor of DAUPHIN DEPOSIT BANK AND TRUST COMPANY ("Original Mortgagee") in the principal amount of $64,600.00, the proceeds of which were used to purchase a residential property located at 297 SHED ROAD, NEWVILLE, PENNSYLVANIA 17241. A copy of the Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1076, Page 228 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to CORESTATE BANK, N.A, TRUSTEE and was recorded in the aforesaid County in Book 422, Page 146 on July 2, 1992. The Mortgage was subsequently assigned to MELLON BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 536, Page 487 December 9, 1996. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCEAGENCY and was recorded in the aforesaid County in Book 616, Page 908. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. 5. The land subject to the Mortgage is: 297 SHED ROAD, NEWVILLE, PENNSYLVANIA 17241 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on June 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $12.83 per day From 05/01/2000 To 02/01/2001 (based on contract rate of 7.950%) Accumulated Late Charges Late Charges at $23.59 Per month for 9 months Escrow Deficit Attorney's Fee at 5% of Principal Balance $58,083.00 $3,541.08 $117.95 $212.31 $485.17 $2,904.15 $65,343.66 **Together with interest at the per diem rate noted above after February 1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.950% ($12.83 per diem), together with other charges and costs including escrow advances incidental thereto to the date f~heriff's Sale and for for sure and sale of the property within described. By: PARCEL G & HALLER Leon P. ler, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) . ~,Z ~ NOTE June 30, 1992 Carlisle Pennsylvania (City) (slate) 297 Shed Road,Neuvilte, PA 17241 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ b 4 , 6 0 0 . o o (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is DAUPHIN DEPOSIT BANK AND TRUST COMPANY. I understand that the Lender may transfer th(~ Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7. 9 5 0 q,, The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on a u y u s [ 1 , 19 9 z . I will make these payments every month until I have paid all of the principal-and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on July t , 2 o z z , I still owe amounts under this Note, I will pay those amount: full on that date, which is called the "maturity date." I will make my monthly payments at 3607 Derry Street, P.O. Box 4060, Harrisburg, Pennsylvania 17111 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 4 71.7 7 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce fhe amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the d'"ate it Is due, I will be in default. (C) Notice of Detault If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. r~ ~` ~I~ h~~• MULTISTATE FIXED RATE NOTE - Singe Famil(y/-/FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/83 SSN 164-56-5208 O 1- 6 0 2 1- 8 Paga 1 of 2 (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid book by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must_be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. ° S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed.- Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9: WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variaiioris in some jurisdictions. In addition to the protections given to the Note Holder under.this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises Which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of ail amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this, Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date. of this Security Instrument. If Lender exercises this option, Lender shall give eorrdwer notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Pad- without recouzse, to CoreState.~ -~~~, i~anlc, N.A. , as Trustee under Robert D IYust Indenture for Pennsylvania Housing Finance Agency, dated April -`"C"(~c Cv 1, 19$2. Staey E,r dauphin Deposit Bank and Trust Co. ~~~-F1~~. ~ ' ~.w~bt! - Carol A. Bierowski, Assistant Vice President Pa3e 2 M 2 `'" _ (Seal) Hockenberry ~J-r. Borrower oekenberry (Seal) , ~- Borrower - (Seal) Borrower - (Seal) eorrower (Sign Original OntyJ ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania,~more particularly bounded and describ as follows: ' BEGINNING at a point, an iron pin at corner of Lot No. 19 on land subdivision for Levi Z. Fisher; thence along Lot No. 1.9 North 32 degre 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 50 feet ~:'-om rci:,t o° beginning) tc ar, iron pin; thence along othe lands now or formerly of Levi Z. Fisher (Lot No. 21 on subdivision plan) South 60 degrees, 25 minutes O1 seconds East 226.94 feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision platy South 46 degrees 02 minutes 06 seconds-West a distance of 300.00 feet (West erroneously omitted on prior deed) to an -iron pin in the center line of Township Road T-412 (passing through an iron pin on this call set 44.89 feet from the point in the center line of T-412); thence along lands now "or formerly of Paul Ickes (and proceeding for a part of the distance'in the right-of-way of T-412) South 79 degrees 52 minutes 27 seconds West a distance of 212.62 feet -(erroneously stated as 76 degrees on prior deed) to an iron pin, the point and place of BEGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert; R.5., dated March, 1977. "" .: _ ~. .. A ~xH~ b~~ " r3 . _ -~ ~. ;: ~::,:~: -•;~; .ti,~ office fcr the recording of Deai'~. ~, .•, '^r Gu)mt•c..;and Courity~ ~, "_ . .~~`. .: ~Vel. _ Page - ; ;;-;y h~nc..and eel of office of . •~" J:':~thi3 dsyof` U~ 19 Rs rder/ soar :.(iifi r'AGE 234 VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Donald J. Plunkett Assistant Executive Director for Single Family Programs ~rrs~vanm~ rrzs~ ter, gsz~la~ ~r ~ r~r u~av n~zaa~. ~ as ~~ ~ ~n-~ ~srs~v~ t~.s~ F ~ Date: J~~ ~ ~, 2001 SHERIFF'S RETURN - REGULAR ~CASy N0: 2001-00353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL VS HOCKENBERRY STAGY E ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE Y ROBERT G JR DEFENDANT was served upon the at 0016:00 HOURS, on the 25th day of January 2001 at 297 SHED ROAD NEWVILLE, PA 17241 ROBERT D. HOCKENBERRY by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service 8.06 Affidavit .00 Surcharge 10.00 .00 24.06 Sworn and Subscribed to before me this _/,~- day of ~~e'L.~„~/ A.D. ~~~~~e~ Prothonotary~T So Answers: ~~ R. Thomas Kline 01/26/2001 PURCELL, KRUG & HALLER ~j~,~~ Deputy Sheriff A SHERIFF'S RETURN - REGULAR . CASaE NO: 2001-00353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS HOCKENBERRY STACY E ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOCKENBERRY STACY E the DEFENDANT at 0020:00 HOURS, on the 22nd day of January 2001 at 1445 HOLLY PIKE ## C CARLISLE, PA 17013 STACY E. HOCKENBERRY by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this j„~F day of .~e.Q..u ~/~lro~~,, ,n~ ,An. D/. rothonotary So Answers: i R. Thomas Kline 01/26/2001 PURCELL, KRUG & HALLER `~ ./-~ / ~ By: - r De ty S er'ff .. FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON -LEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. STAGY E. HOCKENBERRY AND NO. 2001 00353 ROBERT G. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants STAGY E. AND ROBERT G. HOCKENBERRY, JR. for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance $58,083.00 Interest $ 3,541.08 (Per diem of $12.83 from 5/1/00 to 2/1/01) Accumulated late charges $ 117.95 Late charges $ 212.31 ($23.59 per month to 2/01) Escrow Deficit $ 485.17 5% Attorney's Commission $ 2,904.15 TOTAL $65,343.66** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LtHOME{M KFIDOCS\CUMBERLA\HOCKEN.P ~ o m ~;' ~ z ~ ~ "'r' cn -: n r 4 _,,_ x„ ' ==a O ~ C ~ .. C c -... ~ ~ ~ K ~~ a C ~ ~ 4., V ~ ._ ... P. iFV. - NBirFBGSE• 9190€~?F3I'YIR .p~+svfi~~ntXV!53F~TEi flfl ,URA;vim •. .t J FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. STAGY E. HOCKENBERRY AND NO. 2001 00353 ROBERT G. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 19, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 r FI2tST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. STACY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR. Defendants DATE OF THI5 NOTICE: February 19, 2001 TO: STACY E. HOCKENBTRRY 1445 HOLLY PIKE, #C CARLISLE, PA 17013 ROBERT G. HOCKENBERRY, JR. 297 SHED ROAD NEWVILLE, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-00353 CNIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIIiM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 800-990-9108 OR 717-249-3166 PURCELL, KRUG & HAL By ~'~ LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717)234-4178 c -° ~ - -- ,~~; ~ ~ z ~2; . ~~ ~ ~;~, -G ~ ~ ~~ ~ ~~_i ~ Cj ~i ~ rn ~ FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. STACY E. ROBERT G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HOCKENBERRY AND NO. 2001 00353 HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on ]2~aui,..~ ~Y a-ool the following judgment has been entered against you in the above- captioned matter: $65,343.66 and for the sale and foreclosure of your property located at: 297 Shed Road, Newville, PA 17241 Dated: 7ZLe~-wF.~ ly ae}-<~/ Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 PROTHONOTAR I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 00353 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. STAGY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR., DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $65,343.66 Interest at $12.83 per diem to sale date $ 1,603.75 Late charges at $23.59 per month to sale date $ 94.36 Escrow Deficit $ 2,000.00 TOTAL $69,041.77* (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ *SALE DATE: WEDS., JUNE 6, 2001 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution Date: March 13, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 in the above captione case. Leon P. Haller PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 297 SHED ROAD, NEWVILLE, PA 17241. Date: PROT(H/O~N~OTARY/~L~RK CIVIL DIVISII BY ~.lu_en ~ ~?n1~D~ DEPUTY I:\HOME\MKF\DOCS\CUMBERLA\HOCKEN. W +. ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County; Pennsylvania, more particularly bounded and descri:,ed as follows: BEGINNING at a point, an iron pin at corner of Lot No. 19 on-land subdivision for Levi Z. Fisher; thence along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 50 feet F-~~ point of begi:,-,ing) tc ar. iron pin; thence along other lands now or formerly of Levi Z. Fisher (Lot No. 21 on subdivision plan) South 60 degrees, 25 minutes O1 seconds East 226.94 feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes 06 seconds West a distance of 300.00 feet (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an iron pin on this call set 44.89 feet from the point in the center line of T-412); thence along lands now or formerly of Paul Ickes (and proceeding for a part of the distance in the right-of-way of T-412) South 79 degrees 52 minutes 27 seconds West a distance of 212.62 feet (erroneously stated as 76 degrees on prior deed) to an iron pin, the point and place of BEGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert, R.S., dated March, 1977. HAVING ERECTED THEREON A DWELLING KNOWN AS 397 SHED ROAD, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Carol A. Hartman by deed dated 6/15/92 and recorded 7/2/92 in Deed Book T-35, page 422 granted and conveyed unto Robert D. Hockenberry, Jr. and Stacy E. Hockenberry. TO BE SOLD AS THE PROPERTY OF ROBERT D. HOCKENBERRY, JR. AND STACY E. HOCKENBERRY ON JUDGMENT NO. 2001 00353. PARCEL: 15-OS-0413-029G i ~ r ~~~ ~ ca ..d ~ -°m. 'r i ~~ ' C C _~.; ~ d ^ ~} l j ~ - f ~' Z'i _ Y ~--y (~ '> . J ;t° is i r ^~G7 1° ~b Y C ~ ' u ~ w -c ~ ~ a G ~ ` d o ~ ~ G . c C v. a ~ . G r ~' a 6~ ~~ 1 ° '~ ;vim ~ a,. i Ri FIRST UNION NATIONAL BANK AS TRUSTEE FOR. PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. STACY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00353 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 297 Shed Road Newville CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2001 00353 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property STACY E. HOCKENBERRY AND ROBERT D. HOCKENBERRY, JR. ~ .. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. TH25 PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT_MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. .After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This ,r ~ petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 .~. ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and descri:.ed as follows: BEGINNING at a point, an iron pin at corner of Lot No. 19 on-land subdivision for Levi Z. Fisher; thence-along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 50 feet F"'J^TM L.~~iat of begin;,ing) to an iron pin; thence along other lands now or former~~,•of Levi Z. Fisher (Lot No. 21 on subdivision plan) South 60 degrees, 25 minutes O1 seconds East 226.94 feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes 06 seconds West a distance of 300.00 feet (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an iron pin on this call set 44.89 feet from the point in the center line of T-412); thence along lands now or formerly of Paul Ickes (and proceeding for a part of the distance in the right-of-way of T-412) South 79 degrees 52 minutes 27 seconds West a distance of 212.62 feet (erroneously stated as 76 degrees on prior deed) to an iron pin, the point and place of BEGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert, R.S., dated March, 1977. HAVING ERECTED THEREON A DWELLING KNOWN AS 397 SHED ROAD, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Carol A. Hartman by deed dated 6/15/92 and recorded 7/2/92 in Deed Book T-35, page 422 granted and conveyed unto Robert D. Hockenberry, Jr. and Stacy E. Hockenberry. TO BE SOLD AS THE PROPERTY OF ROBERT D. HOCKENBERRY, JR. AND STACY E. HOCKENBERRY ON JUDGMENT NO. 2001 00353. PARCEL: 15-05-0413-029G 1 C ~ ~i~. ~~ rn" 4~ ,..„ r~ ... i r "- ~ __. ~ C` ::~ _. r _ ~ t:% ~<-: W Q'-~ zi s s First Union National Bank as Trustee For Pennsylvania Housing Finance Agency VS Stacy E. Hockenberry and Robert G. Hockenberry, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2001-353 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 15.84 Posting Bills 15.00 Advertising 15.00 Law Library .50 County 1.00 Levy 15.00 Postpone Sale 20.00 Surcharge 30.00 Certified mail 11.30 Mileage 3.10 Law Journal 335.15 Patriot News 290.97 Share of Bills 25.09 $ 807.95 Sworn and Subscribed to Before Me This .29 ~' day of _ 2001, A.D. thonotary f paid by attorney 06-11-O1 So answers: ~~~~~ R. Thomas Kline, Sheriff B p t De ty Sheriff Ck.r 3~4G~ //3 9~z- , , FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. STACY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00353 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 297 SHED ROAD, NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: 6Y:~ui~l 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Financial Trust Company One West High Street Carlisle, PA 17013 William A. Duncan, Esquire Atty for Financial Trust Company One Irvine Row Carlisle, PA 17013-3019 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Norwest Consumer Discount Co. 4813 Jonestown Road Suite 107 Harrisburg, PA 17112 ` ~ Cumberland County Adult Probation Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Farmers Trust Company One West High Street Carlisle, PA 17013 Commercial Credit Corporation 1320 Lincoln Way East Suite 13 Chambersburg, PA 17201 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 U.S. Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating unsworn falsification to authorities. ~~ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 13, 2001 , \J v 4~ FIRST UNION NATIONAL_BANK AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTLF_F_ _ _ __-CIVIL ACTION - LAW_ V S . - -- STAGY E. HOCKENBERRY AND- NO. 2001 00353 ROBERT G. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE : - - - - -- - -- _ - - __- -- - That the Sheriff's Sale of_.Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 6, 2001 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's- Hearing--Room _ ___ 2nd Floor Cumberland County Courthouse _. _ Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly- consisting of:___a. s_tatebnent, of.__the measured~ boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on_the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your__groperty to be sold-is: 297 Shed Road Newville _ _ CUMBERLAND COUNTY PENNSYLVANIA _ _ _ THE JUDGMENT under_or pursuant to which your property is being sold is-.docketed i_n_the_-w~,th~_Co~mor~wea_lth_-and, County`to_ ___,_ _- __ No. 2001 003$3 -- THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: STAGY E. HOCKENBERRY AND ROBERT D. HOCKENBERRY, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER I5 A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition .must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition.. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719-North Front Street Harrisburg, PA 17102 (717j 234-4178 ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and descri:,ed as follows: BEGINNING at a point, an iron pin at corner of Lot No. 19 on land subdivision for Levi Z. Fisher; thence along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 5n fePt Yom pci_.t of begyiaaainC') to aia iron pin: thence along other lands now or formerly of Levi Z. Fisher (Lot No, 21 on subdivision plan) South 60 degrees, 25 minutes Ol seconds East 226.94 feat to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes 06 seconds West a distance of 300.00 feat (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an iran pin on this call set 44.89 feet from the point in the center line of T-412); thence along lands now or formerly of Paul Ickes (and proceeding for a part of the distance in the right-of-way of T-412j South 79 degrees 52 minutes 27 seconds West a distance of 212.62 feet (erroneously stated as 76 degrees on prier deed) to an iron pin, the point and place of $EGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert, R.S., dated March, 1977. HAVING ERECTED THEREON A DWELLING KNOWN AS 397 SHED ROAD, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Carol A. Hartman by deed dated 6/15/92 and recorded 7/2/92 in Deed Book T-35, page 422 granted and conveyed unto Robert D. Hockenberry, Jr. and Stacy E. Hockenberry. TO BE SOLD AS THE PROPERTY OF ROBERT D. HOCKENBERRY, JR. AND STACY E. HOCKENBERRY ON JUDGMENT NO. 2001 00353. PARCEL: 15-OS-0413-029G WRIT OF EXECUTION andfor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. D1_~s~z CIV1L~ ~y COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Crttnherl and COUNTY: To satisfy the debt, interest and costs due First Union National Bank As Trustee For Ppnne,Ylvania Housing inan e Aaencv PLAINTIFF(S) from 4tac~~ F Hnckanbprrv 1445 Hnlly Pik ADt C Carlisle Pa 17013 and Robert D Hockenberrv Jr 297 Shed Road Newville Pa 17241 DEFENDANT(S) t : , ~~+ a (t) You are directed to levy upon the property of the defendant(s) and to sett 297 Shed Road, Newville, Pa. 17241 .~ x~a ~'^ ~ "°'t'-i' ~`~ `""" (2) You are also directed to ach the proRg~rty of the defendant(s) not leviedrupon in the possession of m' C - .. GARfJ,ISHEE($)'i'aslollows: and to not'rfy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) islare enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoutldinthepossessionofanyoneother than a named garnishee, you are directedto noiityhim/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due ~,,F,3g't_titi L.L. I terest at $12.83 per diem to sale date Ir~erest f ,~75 Due Prothy Atty's Comm Atty Paid Other Costs Late Charges at $23.59 per month to sale date CQ4 36 Plaintiff Paid Date: Marc}i].4, 7nn1 REQUESTING PARTY: Purcell, Krug & Haller Name Leon P. Haller, Esa. Address: 1719 North Front Street Attorney for: Telephone: (717) 234-4178 escrow Deficit 52.000.00 C`nrti¢ R_ Tnng, Prothonotary, Civil Division //~~ '7,,~ ~~~ Deputy Supreme Court ID No. 15700 REAL ESTATE SALE No. ~~ ~~ ~ ~~~ ~`~~ awl the sheriff upon tl~ed~dantb f fl ~ qm t~ property sihrated in l ~- f, PB., known and numbered as:~ '~ r/ 81od more-fully described on Exi~bit "A" fNed with y~ ~ ~ reference incorporated herein. %ti,~Iti /~ ~D©~ wLf 'y~, µ'. ~~ ~', N' /. P Yf' ~.. n V 5~~ ~ .+"_ l~: ~~ . .~~," r ~' °. ~~ ~; s~~~ =-.fir Y r e~~ ~- _~e .. ~~ .., i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 00353 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. STACY E. HOCKENBERRY AND ROBERT D. HOCKENBERRY, JR., DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $65,343.66 / Interest at $12.83 per diem to sale date $ 6,286.70 Late charges at $23.59 per month to sale date $ 377.44 Escrow Deficit $ 2,000.00 TOTAL $74,007.80* *SALE DATE: WEDS., JUNE 5, 2002 (PROTHONOTARY'S Plaint}rff Atto ey Sh iff T is Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P.`3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in-the above captio case. Date: March 12, 2002 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 297 SHED ROAD, NEWVILLE, PA 17241. Date: PROTHONOTARYfCLERK CIVIL DIVISION BY DEPUTY USE) p a,, -~ ~.~ 'i~~..~ ill'.- e: i j`7 - n, (14~. j,;~ i ;: „ ^kT`{ ~,Gi.~~ ~ i~.n='~'r~~~`'3=~ ~~«,u „ . r c~ 1,~[~Yi°I~T?V X07 Qs irS.so - ~~ g.ov - ,, /S.oo - `` 7'y ~ ~~~, ~~ ~, ,~ !r ~~ q~~ ~z' s'/. ~ C'd CL~ ~ 7235" /2a 7~~ ~ 'e ALL THAT CERTAIN tract of land situate__in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and descried as follows: BEGINNING at a point, an iron pin at corner of Lot No. 19 on land subdivision for Levi Z. Fisher; thence along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 50 feet {rom poi:.t of begi:,ni,.g) to ar, iron pin; thence along other lands now or formerly of Levi Z. Fisher (Lot No. 21 on subdivision. plan) South 60 degrees, 25 .minutes O1 seconds .East 226.94 feet to an iron. pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes 06 seconds West a distance of 300.00 feet (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an-iron pin on .this call set 44.89 feet from the point in the center line of T-412); thence along lands now or formerly of Paul Ickes (and proceeding for a part df the distance in-the right-of-way of T-412) South 79 degrees 52 minutes 27 seconds West a distance of 212.62 feet (erroneously stated as 76 degrees on prior deed) to an iron pin, the point and place of BEGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert, R.S., dated March, 1977. HAVING ERECTED THEREON A DWELLING KNOWN AS 397 SHED ROAD, NEWVILLE, PA. BEING THE SAME PREMISES- WHICH Carol A. Hartman by deed dated 6/15/92 and recorded 7/2/92 iri Deed Book T-35, page 422 granted and conveyed unto Robert D. Hockenberry, Jr. and Stacy E. Hockenberry. TO BE SOLD AS THE PROPERTY OF ROBERT D. HOCKENBERRY,'JR. AND STAGY E. HOCKENBERRY ON JUDGMENT N0. 2001 00353. PARCEL: 15-OS-0413-029G UNITEIU STATES BANffitUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: HOCI~TBERRY, ROBERT D, JR CASE NO.01.02943RJW-1 CHAPTER 13 Debtor(s) NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST Notice is hereby given that the Court has entered an Order dated JANUARY 3, 2042 DISMISSING the above-captioned case due to: TRUSTEE filing a MOTION TO DISMISS CASE DATE: January 3, 2002 VAN-87 Clerk, U.S. Bankruptcy Court 228 WALNUT STREET P.O, BOA 908 HARRISBURG, PA 17108-0908 otsv9o FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. STAGY E. HOCKENBERRY AND NO. 2001 00353 ROBERT D. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE BANKRUPTCY DISMISSAL FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V5. STAGY F. HOCKENBERRY AND NO. 2001 00353 ROBERT D. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 297 SHED ROAD,'NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Financial Trust Company One We6t HighStreet Carlisle, PA 17013 William A. Duncan, Esquire Atty for Financial Trust Company One Irvine Row Carlisle, PA 17013-3019 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Norwest Consumer Discount Co. 4813 Jonestown Road Suite 107 Harrisburg, PA 17112 Cumberland County Adult Probation Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Farmers Trust Company One West High Street Carlisle, PA 17013 Commercial Credit Corporation 1320 Lincoln Way East Suite 13 Chambersburg, PA 17201 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 U.S. Department of Housing and Urban Development Albany Office, Region II SZ Corporate Circle Albany, New York 12203-5121 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2002 ,, ~ L_5 ,- ~ c) C-1 rri ~,. ~ 'ice-_'[_ _~ _.,. 1 3l =;, cn -. FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA . HOUSING FINANCE AGENCY, PLAINTIFF VS. STAGY E. HOCKENBERRY AND ROBERT P• HOCKENBERRY, JR., DEFENDANTS . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -'LAW NO. 2001 00353. IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, JUNE 5, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing .Room .2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of-the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 297 Shed Road NeWVille CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2001 00353 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: STAGY E. HOCKENBERRY AND ROBERT D. HOCKENBERRY, JR. ~~,~.~- A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by-the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with -this schedule-will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified .herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF. YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAX THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more .specifically, of these --,,,~ rights. If you wish to exercise your rights, YOU` MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale-.you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues~or rights mentioned in the preceding paragraphs must be .presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and. a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of_the Writ of Execution-3s attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN-tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and descriied as follows• BEGINNING at a point, an iron pin at corner of Lot No. 19 on land subdivision for Levi Z. Fisher; thence along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 50 feet From pert of begi.-.niny-) to ar, iron pin; thence. along other lands now or formerly of Levi Z. Fisher (Lot No. 21 on subdivision plan) South 60 degrees, 25 minutes Ol seconds East 226.94 feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes 06 seconds West a distance of 300.00 feet (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an .iron pin on this call set 44.89 feet from the point in the center line of T-412); thence along lands now or formerly of Paul Ickes (and proceeding for a part of the distance in the right-of-way of T-412) South 79 degrees 52 minutes 27 seconds West a. distance of 212.62 feet (erroneously ,stated as 76 degrees on prior deed) to an-iron pin, the point and place of BEGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert, R.S., dated March,, 1977. HAVING ERECTED THEREON A DWELLING KNOWN AS 397 SHED ROAD, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Carol A. Hartman by deed dated 6/15/92 and recorded 7/2/92 in Deed Book T-35, page 422 granted-and. conveyed unto Robert D. Hockenberry,.Jr. and Stacy E. Hockenberry. TO BE SOLD AS THE PROPERTY OF ROBERT D. HOCKENBERRY,,JR. AND STACY E. HOCKENBERRY ON JUDGMENT NO. 2001 00353. PARCEL: 15-05-0413-029G ,,~~ .. ~~~ r, ~ - - ~_ .a ~ ~~ _ ~' !J ~~ ~ ~_ c~.. ~.1 r, >~`It t ' T ,.:: ~~ ra ~_ ~ -: ~`: =~ FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. STAGY E. HOCKENBERRY AND ROBERT D. HOCKENBERRY, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 00353 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on C}-Z 'b2 a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 Financial Trust Company One West High Street Carlisle, PA 17013 William A. Duncan, Esquire Atty for Financial Trust Company One Irvine Row Carlisle, PA 17013-3019 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Norwest Consumer Discount Co. 4813 Jonestown Road Suite 107 Harrisburg, PA 17112 Cumberland County Adult Probation Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Farmers Trust Company One West High Street Carlisle, PA 17013 Commercial Credit Corporation 1320 Lincoln Way East Suite 13 Chambersburg, PA 17201 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 U.S. Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 By ~ PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 .101-IN w. rURCEL[. TELEPHONE (717) 234-4178 I-[owaAD 0. IcAUC FORECLOSURE DEPT. FAX (717) 234-1206 LEON P. HALLER .TORN W. PURCPLL JR. 6RIAN .I. TYLEA .TILL M. WMEICA (717) 533-3B3fi NOTICE TO: Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 Financial Trust Company One West High Street Carlisle, PA 17013 William A. Duncan, Esquire Atty for Financial Trust Company One Irvine Row Carlisle, PA 17013-3019 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Norwest Consumer Discount Co. 4813 Jonestown Road Suite 107 Harrisburg, PA 17112 Cumberland County Adult Probation Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Farmers Trust Company One West High Street Carlisle, PA 17013 Commercial Credit Corporation 1320 Lincoln Way East Suite 13 Chambersburg, PA 17201 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD U.S. Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 NOTICE IS HEREBY GIV-EN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said Sheriff's Sale. By: ~~ Leon P. Attorney you hold against the said and that y have an any, b ei notified of faller PA I. 700 for Plaintiff I~ FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. STAGY E. HOCKENBERRY AND N0. 2001 00353 ROBERT D. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, JUNE 5, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 297 Shed Road Newville CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2001 00353 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: STAGY E. HOCKENBERRY AND ROBERT D. HOCKENBERRY, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of land situate in Lawer Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and descri:.ed as follows: BEGINNING at a point, an iron pin at corner of Lot No. 19 on land subdivision for Levi Z. Fisher; thence along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 50 feet f"7~ i.`^.iTit Of beglniliny') tG a7'i iron pin; thence along other lands now or formerly of Levi Z. Fisher (Lot No. 21 on subdivision plan) South 60 degrees, 25 minutes 01 seconds East 226.94 feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes 06 seconds West a distance of 300.00 feet (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an .iron pin on this call set 44.89 feet from the point in the center line of T-412); thence along lands now or formerly of Paul Yckes (and proceeding for a part of the distance in the right-of-way of T-412) South 79 degrees 52 minutes 27 seconds West a distance of 212.62 feet (erroneously stated as 76 degrees on prior deed) to an iron pin, the point and place of BEGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert, R.S., dated March, 1977. HAVING ERECTED THEREON A DWELLING KNOWN AS 397 SHED ROAD, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Carol A. Hartman by deed dated 6/15/92 and recorded 7/2/92 in Deed Book T-35, page 422 granted and conveyed unto Robert D. Hockenberry, Jr. and Stacy E. Hockenberry. TO BE SOLD AS THE PROPERTY OF ROBERT D. HOCKENBERRY, JR. AND STACY E. HOCKENBERRY ON JUDGMENT NO. 2001 00353. PARCEL: 15-05-0413-029G ~,~.. Re: PHFA vs. Hockenberry Cumberland 6/5/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Financial Trust Company One West High Street Carlisle, PA 17013 Postage: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: William A. Duncan, Esquire Atty for Financial Trust Company One Irvine Row Carlisle, PA 17013-3019 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Norwest Consumer Discount Co. ~ ~35n 4813 Jonestown Road Suite 107 .~^ Z~~~ Harrisburg, PA 17112 e_- ~4- -~_) f"~ -~- {,_: #~~_ f(j( `Y iG.~~y /J~•M1 .`T ~i i ~~~ 6. 635d5~r. U. S, POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Cumberland County Adult Probation Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Farmers Trust Company One West High Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Post+{~t~ ~~~ Commercial Credit Corporation /~` ZZ~ 1320 Lincoln Way East ~. Suite 13 ,~ Chambersburg, PA 17201 _ ___ eE ~~ +e c- fzk : _ ~,_ k f~~u~ . 6~~ U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 U. S. POSTAL SERVICE Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: U.S. Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 Postmark: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed toy Domestic Relations Office Cumberland County Courthouse Hanover & High Streets , Carlisle, PA 17013 Postage: Postage: ;,v~,,, , U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 one piece of ordinary mail addressed to: Postmark: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 m STATE OF PENNSYLVANIA, 1 COUNTY OF CUMBERLAND J ss. Robert P Ziegler 1~-----------------------^-------- Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Recorder of Wachovia Bank N A fka First Union Natl Bk Tr for Pennsylvania Housing Fin Agency ------------°------------------------------------------------------------------'s the grantee 5th the same having been sold to said grantee on the _______________________________________________ day of June 2002 ________________________________________ A. D.,f _____,undcr and by virtue of a writ______________ 13th ----Execution ---______--issued on the ------------------------------^ --------------------- ------ March 2002 day of __________________________ A. D., _____~ out of the Court of Comman Pleas of said County as of Civil 2001 ---------- -------------------...--------^----------------------------------------- Term,: .----- 353 First Union National Bank tr for Penna Housing Fin Number --°----------> at the suit of -----------------------------------------°----------------°-- Agnecy Stacy E Hockenberry & Robert D Hockenberry Jr --°-------------------------°---- ~;nst------------------------------------°-------------- u duly recorded in Sheriffs Deed Book No. _____ _252 - Page -_-----2826 IN TESTIMONY WHEREOF, I have ft~reunto set my~and and seal of said office this ___~,_~____ day I of First Union National Bank as Trustee For Pennsylvania Housing Finance Agency VS Stacy E. Hockenberry and Robert D. Hockenberry, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-353 Civil Temr Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2002 at 7:11 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Stacy E. Hockenberry, by making known unto Paul Weigle, husband of defendant, at 1445 Holly Pike, Apt. C, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2002 at 1:58 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert D. Hockenberry Jr, by making known unto Robert Hockenberry, Jr. personally, at 297 Shed Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Apri15, 2002 at 6;40 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Stacy E. Hockenberry and Robert D. Hockenberry, Jr. located at 297 Shed Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Stacy E. Hockenberry, by regular mail to her last known address of 1445 Holly Pike, Apt. C, Carlisle, PA 17013. This letter was mailed under the date of Apri104, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robert D. Hockenberry Jr., by regular mail to his last known address of 297 Shed Road, Newville, PA 17241. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Wachovia Bank, National Association, (formerly known as First Union National Bank) as Trustee for Pennsylvania Housing Finance Agency. It being the highest bid and best price received for the same, Wachovia Bank, National Association, (formerly known as First Union National Bank) as Trustee for Pennsylvania Housing Finance Agency of 2101 North Front Street, Harrisburg, PA 17110, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $861.58, it being costs. Sheriff s Costs: Docketing $30.00 Poundage 16.89 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Service 21.39 Certified Mail 1.80 Levy 15.00 Surcharge 30.00 Law Journal 344.45 Patriot News 251.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $861.58 paid by attorney 07/01/02 Swom and subscribed to before me savers; '~ This~l~ dayof~ Y/~7~~ _ R. Thomas Kline, Sheriff 2002, A.D. J~ a Prot onotary ~ BY~}0 Ol,~.( Real Estate Deputy r'" 3° u~ ~„ 1 `N ('.ie_.3'7 I fr 1 ~, ~a~~~ f ,~.~~ _ ~> FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.- LAW VS. STAGY ~. HOCKENBERRY AND NO. 2001.00353 ROBERT D. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, ,sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 297 SHED ROAD, NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): Stacy E. Hockenberry 1445 Holly Pike Apt. C Carlisle, PA 17013 Robert D. Hockenberry, Jr. 297 Shed Road Newville, PA 17241 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Financial Trust Company One west, HighStreet Carlisle, PA 17013 William A. Duncan, Esquire Atty for Financial ,Trust Company One Irvine Row Carlisle, PA 17013-3019 James C. Costopoulos 13 South Hanover Street Carlisle, PA 17013 Norwest Consumer Discount Co. 4813 Jonestown Road Suite 107 Harrisburg, PA 17112 Y Cumberland County Adult Probation Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Farmers Trust Company One West High Street Carlisle, PA 17013 - Commercial Credit Corporation 1320 Lincoln Way East Suite 13 Chambersburg, PA 17201 Secretary of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 27410-8000 U.S.- Department of Housing and Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom -the Plaintiff has knowledge who has. any-interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets -- Carlisle, PA 17013 ;.~..~,,.,f~ Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. C_ Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2002 i t FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. STAGY E. HOCKENBERRY AND NO. 2001 0.0353 ROBERT D. HOCKENBERRY, JR., DEFENDANTS IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSVANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE:. JUNE 5, 2002 TIME: 10:00 O'clock A.M. ~,~. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania -17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any. other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 297 Shed Road Newville CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2001 00353 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: STAGY E. HOCKENBERRY AND ROBERT D. RY, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after -the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be-made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within .County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically, of these rights. If you wish to exercise your rights, YOU' MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues~or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date. is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of. the Writ of Execution-3s attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,_~~.~, ALL THAT CERTAIN tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, more particularly bounded and descried as follows: BEGINNING at a point, an iron pin at corner of Lot No. 19 on-land subdivision for Levi Z. Fisher; thence along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin set 50-feet cr~~ mint of begi,-.;,iny-) tv an iron pin; thence along other lands now or formerly of Levi Z. Fisher (Lot No. 21 on subdivision plan) South 60 degrees, 25 minutes O1 seconds East .226.94 feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes 06 seconds West a distance of 300.00 feet (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an .iron pin on this call set 44.89 feet from the point in the center line of T-412); thence along lands now or Formerly of Paul Ickes (and proceeding for a part of the distance in. the right-of-way of T-412) -South 79 degrees 52 minutes 27 seconds West a distance o£ 212.62 feet (erroneously stated as 76 degrees on prior deed) to an iron pin, the point and place of BEGINNING. BEING all of Lot No. 20 on land subdivision for Levi Z. Fisher by Carl D. Bert, R.S., dated March, 1977. HAVING ERECTED THEREON A DWELLING KNOWN AS 397 SHED ROAD, NEWVILLE, PA. BEING THE SAME PREMISES WHICH Carol A. Hartman by deed dated 6/15/92 and recorded 7/2/92 in Deed Book T-35, page 422 granted and conveyed unto Robert D. Hockenberry, Jr. and Stacy E. Hockenberry. TO BE SOLD AS THE PROPERTY OF ROBERT D. HOCKENBERRY,,JR. AND STACY E. HOCKENBERRY ON JUDGMENT NO. 2001 00353. PARCEL: 15-05-0413-029G WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-353 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY PLANTIFF(S) From STACY E. HOCKENBERRY AND ROBERT D. ,JR. (1) You are duected to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$65,343.66 L.L. Interest AT $12.83 PER DIEM TO SALE DATE $6,286.70 Atty's Comm % Due Prothy $1.00 Atty Paid $947.61 Plaintiff Paid Date: MARCH 13, 2002 REQUESTING PARTY: Name LEON P. HALLER. ESQ. Address: 1719 N. FRONT ST. HARRISBURG, PA 17102 Attorney for: PEAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Other CostsLATE CHARGES AT $23.59 PER MONTH TO SALE DATE $377.44 ESCROW DEFICIT $2,000.00 CURTIS R. LONG Prothonotary, Civil Division By: /.uG ~- ~~ -~~ ~~~. _ __ Real Estate Sale #5 j On March 14, 2002 the sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA known and numbered as 297 Shed Road, Newville, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. l4i i- ~~~ ~ ~" r; W? `r ` ~" ~~, mate: March 14, 2002 ,, ~ a ~ <. `.~ 1 ~~ y .. 4 e.~ L- C) cC 41 O ~ ~~.. By: ~o~ ~~ Real Estate Deputy ~/~`D °° 6./ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAcl No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epley being duly sworn according to law, 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, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ~~~/~G~'~'.~~~..~" ....~a~-.-~ :................................................... COPY 17th da of a 02 A.D. SALE #51 Notarial Seal Terry L. Russ@II, Notary Public Harrisourg, oaupnln Counry NO ARY PUBLIC My Commission Expires June 6, 200P Member, Pennsylvania ASSOCialbn of Nbtariea Y commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLANDCOUNTYCOURTHOUSE ~'""`~"! CARLISLE, PA. 17013 ,.,w Statement of Advertising Costs ~? To THE PATRIOT-NEWS CO., Dr. ~ ~ For publishing the notice or publication attached hereto on the above stated dates $ 249.60 Probating same Notary Fee(s) $ 1.75 Total $ 251.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of ~e Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ,~„~,~.,.w. »> >~rn~ ~ xo. si Writ No. 2001-353 Civil Firsk Union National Bank as Trustee for Pennsylvania Housing Finance Agency vs. Stacy E. Hockenberry and Robert D. Hockenberry, Jr. Atty.: Leon P. Haller ALL THAT CERTAIN tract of ]and situate in Lower Mifflin Township. Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point, an iron pin at corner of Lot No. 19 on land subdivision for Levi Z. Fisher: thence along Lot No. 19 North 32 degrees 30 minutes 04 seconds East 424.11 feet (passing through an iron pin aet 50 feet from point of beginning) to an iron pin; thence along other ]ands now or formerly of Levi Z. Fisher (I.ot No. 21 on sub- d{vision plan) South 60 degrees, 25 minutes O1 seconds East 226.94 Feet to an iron pin; thence along Lot No. 21 on the aforesaid subdivision plan South 46 degrees 02 minutes O6 seconds West a distance of 300- .00 feet (West erroneously omitted on prior deed) to an iron pin in the center line of Township Road T-412 (passing through an iron pin on this call set 44.89 feet from the point in the-center line of T-412); thence along lands now or formerly of Paul Ickes (and proceeding for a part of the distance in the right-of-way of T-412) South 79 degrees 52 min- utes 27 seconds West a distamee of 212.62 feet (erroneously stated as 76 degv~,es on prior deed) to an iron pin, the point and place of BEGIN- NING. HEI~IG all of Lot No. 20 on ]and subdivision for Levi 2.. Fisher by Car] D. Bert, R.S., dated Mareh, 1977. HAVING ERECTED THEREON A DWELedNG KNOWN AS 39y SHED ROAD,: NEWVILLE, PA. BEING THE SAME PREMISES WHICH Carol A. Hartrnan by deed dated 6/15/92 and recorded 7/2/ 92 in Deed Book T-35, page 422 granted and conveyed unto Robert D. Hockenberry, Jr, and Stacy E. Hockenberry. TO BE SOLD AS THE PROPER- TY OF ROBERT D. HOCKENBER- RY. JR. AND STACY E. HOCKEN- BERRY ON JUDGMENT NO. 2001 00353. PARCEL: 15-05-0413-029G. 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, i viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002_ 11213 E. SNYDER, Pu9gc Boro, ~` A9andi 5, FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. STACEY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR. Defendants . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-0353 IN MORTGAGE FORECLOSURE O R D E R AND NOW, this ~.~~ day of ~ p ~ 2001, leave is granted to Plaintiff to amended the caption in the above case to reflect the correct middle initial of Defendant as Robert D. Hockenberry, Jr. rather than Robert G. Hockenberry and the Cumberland County Sheriff's Office and Prothonotary's Office are directed to change their dockets and records accordingly. BY THE COURT: ~r Q ~. ~~( r ~' ~- 1i ~ ,y ^ ) ~. j T -.. ,n ~`~'+.J ~a_ ~ ~ ~ `~ l~tT 'may `h r „ t r FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA EiOUSING FINANCE AGENCY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. STACEY E. HOCKENBERRY AND ROBERT G. HOCKENBERRY, JR Defendants CIVIL ACTION - LAW NO. 01-00353 IN MORTGAGE FORECLOSURE MOTION TO AMEND NAME OF DEFENDANT 1. Plaintiff, First Union National Bank, as Successor Trustee for Pennsylvania Housing Finance Agency, heretofore filed a Mortgage Foreclosure Complaint in the above case. 2. Defendant is listed as Robert G. Hockenberry, Jr. 3. The mortgage documents refer to the correct middle initial of Defendant is Robert D. Hockenberry, Jr. rather than Robert G. Hockenberry, Jr. 4. The said Robert D. Hockenberry, Jr. has been served with all required documents to date. 5. There is no prejudice to any party by allowing the requested change. Plaintiff requests that it be allowed to amend the caption to reflect the correct middle initial of Defendant as Robert D. Hockenberry, Jr. rather than Robert G. Hockenberry, Jr. Dated: March 19, 2001 PURCELL, KRUG & HALLER By: on P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff s I verify that the statements made in the foregoing Motion to Amend Name of Defendant are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Leon P. Hall Dated: March 19, 2001 FIRST UNION NATIONAL BANK, AS IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE CUMBERLAND COUNTY, PENNSYLVANIA AGENCY Plaintiff vs. CIVIL ACTION - LAW STACEY E. HOCKENBERRY AND NO. 01-00353 ROBERT G. HOCKENBERRY, JR. IN MORTGAGE FORECLOSURE Defendants CERTIFICATION I hereby certify that a copy of this document has been served on all parties or their counsel of record. PURCELL, KRUG & HALLER By: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: March 19, 2001