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HomeMy WebLinkAbout01-0779Spear & Hoffraan, P.A. BY: RICHARD M. NELSON, ESQUIRE Attorney I.D. No. 72869 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9794124 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO. OI- 7'79 COMPLAINT ~ CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las pmvisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: RICHARD M. NELSON, ESQUIRE Attorney I.D. No. 72869 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9794124 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR 1N INTEREST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiffis MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, with its principal place of business located at PO BOX 840, BUFFALO, NY 14240- 0840. 2. The names and last known addresses of the Defendants are: TIMOTHY M. SCHENK AND HEATHER L. SCHENK, 1210 MUSKET LANE, MECHANICSBURG, PA 17055. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about MAY 31, 1995, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to FARMERS TRUST COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: MAY 31, 1995 DATE RECORDED: MAY 31, 1995 BOOK: 1265 PAGE: 182 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about MAY 31, 1995, in consideration of their indebtedness to FARMERS TRUST COMPANY, TIMOTHY M. SCHENK AND HEATHER L. SCHENK made, executed and delivered to FARMERS TRUST COMPANY their promissory Note in the original principal amount of $255,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being the legal successor in interest to the original Mortgagee. 7. The Mortgage is secured by property located at 1210 MUSKET LANE, MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due JUNE 30, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 2 The following amounts are due on the Mortgage: Principal Balance 9.35% interest from MAY 30, 2000 to JANUARY 31, 2001 at $61.72 per day Other Fees Estimated Attorney's Fees TOTAL AMOUNT DUE $240,948.87 $15,121.40 $15.00 $3,600.00 ~259,685.27 Interest continues to accrue at the per diem rate of $61.72 for every day after JANUARY 31, 2001 that the debt remains unpaid. 10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 11. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated NOVEMBER 28, 2000. Copies of the notices to the defendants are attached as Exhibit "D". Defendants have failed to meet with the plaintiffor any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "E". 3 WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SPEAR & HOFFMAN, P.A. RICHARD M. NELSON, ESQUIRE 4 VERIFICATION The undersigned, RICHARD M. NELSON, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff and that he is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: RICHARD M. -NELSON Attorney for Plaintiff Exhibit "A " RECORDATION REQUESTED BY: WHEN RECORDED MAIL TO: SEND TAX NOTICES TO: MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE IS DATED MAy 31, 1995, between Timothy M. Schenk and Heather L Schenk, owner(e) In fee simple, whose address is 1210 Musket Lane, Mechsnlcsburg, PA 17055 (referred to below as "Grantor"); and Farmers Trust Company, whose address is One West High Street, Carlisle, PA 17013 (referred to below as "Lender"). In Cumberland County, Commonwealth of Pennsylvania (the "Real Proper[y"): see Exhibit A township: The Real Property or its address is c~mmonly known aa 1210 Musket Lane, Mecbenlcsburg, PA 17055. MORTGAGE Page 2 (Continued) THIS MORTGAGE, INCLUDING TH~ ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL O~LIGATiONS OF GRANTOR UNDER THIS MORTGAGE AND THE RE1.ATER DOCUMENTS, THiS MORTGAGE IS GIVEN AND ACC~.P ~ ~.~ ON THE FOLLOWING TERMS: PAYMEN~ AND PERFORMANCE. Ex, spt as o/ha~wtse providbd in this Madgage, G~nto~ shal~ pay t0 Lender all t~mounts secured by thts Mortgage Payment. Gr~nto~ shall pay when due (and in all events prior to delinquency) all laxes, peyro!i taxes, special taxes, essessmeflts, wat~ charges MORTGAGE -~ Page 3 (ConUnued) MORTGAGE Page 4 (Continued) MORTGAGE Page (Continued) MORTGAGE Page 6 (Continued) ~ CERTIFICATE OF RESIDENCE I ha~eby certify, thai lha precise address of the m~lgagee, FaUlt er8 Tfu~l Company, hareln Is ~s f~Jlows: One West High Street, Carlisle, PA 17013 INDIVIDUAL ACKNOWLEDGMENT STATE OF *~'~.~} '~ ~ Z' u/'~-~" ~' I Given under my hired and official Seal this ,.~/ ~t~ day of -'~"2 ~-"~- .19 ~ ,~'"' EXHIBIT A .. ' Prncpal , LonnDat~ M-turlty : · ~,ooo~ ! '..:::" I os-~o-~o~ i ,' '." ~ i:J~~~N~'t. ALL THAT CERTAIlq PARCEL known as Lot #102, Phase 2, Section Il, Hampden Heights, Hampden Township, Cumberland County, Pennsylvania, according to a Plan of Hampden Heights for Park Hills West, Inc., by Whittock-Hartman, Robert Hartman, R.P.E., dated December 18, 1987 and recorded in Plan Book 58, Page 39, bounded and described in accordance with said plan as foQows: BEGINNING at a point on the western right-of-way line of Musket Lane, said point being a common property comer of Lot #101 (existing) and Lot #102; thence from said point of beginning along said Lot #101 (existing) South 77 degrees 35 minutes 09 seconds West a distance of 125.00 feet to a point on the property line of Lot #104; thence by a portion of LOt #104 and LOt #103 North 12 degrees 24 minutes 51 seconds West a distance of 145.82 feet to a point on the Southern right-of-way line of Musket Lane; thence along said southern right-of-way line of Musket Lane South 87 degrees 09 mInutes 52 seconds East a distance of 53.17 feet to a point; thence continuing along same and by a curve to the right, having a radius of 100.00 feet, an arc length of 130.46 feet to a point; thence continuing along same South 12 degrees 24 minutes 51 seconds East a distance of 35.36 feet to a common property comer of Lot #101 (existing) and Lot #102, the point of BEGINNING. BEIlqG Lot #102, containing 14,982.07 square feet or 0.3439 acres, as shown on the Final Subdivision Plan of Phase g2, Section II, as prepared by Whittoek-Hartman, Robert O. Hartman, Jr., P.E., R.S., dated December 18, 1987. BEING the same premises which Richard C. Thomas, Jeffrey A. Thomas and Michael D. Thomas, partners, by their deed dated May , 1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, immediately prior to the recording of the within Mortgage, granted and conveyed unto Timothy M. Schenk and Heather L. Scheek, husband and wife, Grantors and Mortgagors herein. SUBJECT to Protective covenants recorded in Cumberiand County Recorder of Deeds Office in Miscellaneous Book 265, Page 599 and Miscellaneous Book 299, Page 524. THIB I~It'"IT A '~ EXI~e~ ON MAY 31. X F~rmers I sl C?~m.p~ny , ~"ths from 'he dat~hereof in 360 month y installments of Varl~'~ Do ars and the frst instal merit to be paid on L~qe ~0' , 19 ~, and the succeeding installments to be paid on the 3c~C~ day of each month thereafter until the entire sum due is paid in full. This Mortgage and the gan thereof shall be security for this debt end for any and all io~ns that may be made by MORTGAGEE to MORTGAGORS at any future time; provided, however, that at no time sh~lL,th~Rm~ the unpaid balances of the present debt and all subsequent loans exceed in the aggregate an unpaid face amount of $ , DUU. MORTGAGORS covenant and warrant that MORTGAGORS have full fee simple title to the mortgaged premises hereinafter described, that MORTGAGORS will pay the above mentioned debt a~ required by the said note, and any future loans as required; that the buildings on the premises shall be kept insured against loss by fire for the benefit of MORTGAGEE, in companies and amounts satisfactory to MORTGAGEE, with a standard mortgagee clause; and MORTGAGORS will pay any tax, assessment or other fee of 15 percent of the full amount then due and costs of suit; and in the event that MO RTGAG EE obtains a judgment against MORT- the said judgment, then MORTGAGORS hereby waive all rights and benefits under any and ail laws or rules of court now or here- whatsoever, and any such judgment shall bear interest at the applicable rate until the full amount due MORTGAGEE is actually paid, by the Sheriff or otherwise. bargain and sell to MORTGAGEE deeds in Deed Book No. 5/;2 page 19 "~nd otherwise known as" R.D. #1, Hillersto~n, PA 1%62 S~e ]and more fully described i~n_Exhibit A. attached hereto and incorporated TO HAVE AND TO HOLD the said premises unto MORTGAGEE forever. PROVIDED, nevertheless, that if MORTGAGORS shall pay to MORTGAGEE the entire debt as hereinbefore set forth, then IN WITNESS WHEREOF the said MORTGAGORS have hereunto set hands and seals the day and year first above COMMONWEALTH OF PENNSYLVANIA---- ----SS COUNTY OF CU~EPJ~A~ ---- Onthe 31st abov~named Kenneth E. ~chenk day of M~¥ , 19 95 , before me, personally appeared the and _ Patricia A. Schenk and in due form of law acknowledged the above INDENTURE OF MORTGAGE to be their free and voluntary act and deed, and desired that it be recorded as such. WITNESS my hand and seal the day and year aforesaid. The address of the within-named Mortgagee is 1 W. High St., Carlisle, PA 17013 on behalf of MORTGAGEE omm~Sslon Expires Dec. , Exhibit 'B" Principal Amount: $255,000.00 Date of Note: May 31, 1995 PROMI~;E TO PAY. I p~OmlS4 IO pSy IO Farmer~ Tru~ Company ("Le~der'), ~' o~der, in I~wful ittoney of ~ United ~ of ~ the principal ~mount of lnvo Hundred Fifty Five Thousand & 00/100 Dollars (~2;5,00~.~}, Iogelher ~lt# interest on the unpaid p~lnclpal bala~e PROMISSORY NOTE :'? Page 2 (Continued) Exhibit ,,C '~ EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Tuscarora Township, Perry County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center line of Township Route T- 379, which said point of beginning is more particularly located at the intersection of the center line of Township Route T-379 and the dividing line between Lots Nos. 2 and 3 of the Final Subdivision Plan for Eli M. Dobrinoff, Jr., hereinafter more particularly referred to; thence from said point of beginning along the center line of Township Route T-379, North 26 degrees 34 minutes 29 seconds East, a distance of 149.92 feet to a point; thence from said point, continuing along the same, North 26 degrees 37 minutes 41 seconds East, a distance of 299.91 feet to a point; thence from said point continuing along the same, North 33 degrees 39 minutes 18 seconds East, a distance of 100.92 feet to a point on the dividing line between Lots Nos. 3 and 4; thence from said point, South 56 degrees 20 minutes 42 seconds East, a distance of 10 feet to a point; thence from said point on a curve to the left with radius of 100 feet an arc distance of 111.97 feet to a point; thence from said point continuing along the dividing line between Lots Nos. 3 and 4, North 59 degrees 30 minutes 00 seconds East, a distance of 1893.31 feet to a point; thence from said point, continuing along the same, North 28 degrees 32 minutes 49 seconds West, a distance of 997.77 feet to a point in the southerly line of land now or formerly of Joseph R. McNaughton; thence from said point along the southerly line of land now or formerly of Joseph R. McNaughton, North 79 degrees 46 minutee Eaet, a dietance of 1101.00 feet to a point on the southerly line of lands now or formerly of John C. Weibley; thence from said point along the southerly line of lands now or formerly of John C. Weibley, North 79 degrees 42 minutes East, a distance of 724.20 feet to a point; thence from said point, continuing along the eame, North 45 degrees 50 minutes East, a distance of 858.20 feet to a point on the southerly line of lands now or formerly of Harold E. Kerr and Bruce B. Boyer; thence North 54 degrees 44 minutes East, a distance of 607.20 feet to a point on the westerly line of lands now or formerly of Robert L. Brickner; thence from said point, South 28 degrees 19 minutes East, a distance of 814.40 feet to a point on the westerly line of lands now or formerly of Jack T. Walker; thence from said point along the westerly line of lands now or formerly of Jack T. Walker, South 27 degrees 21 minutes East, a distance of 1231.35 feet to a point on the northerly line of lands now or formerly of Katherine Arbogast; thence from said point along the northerly line of lands now or formerly of Katherine Arbogast and Doranco, Inc., South 66 degrees 58 minutes West, a distance of 999.06 feet to a point on the northerly line of lands now or formerly of James R. Shick; thence from said point along the northerly line of lands now or formerly of James R. Shick, South 72 degrees 01 minutes West, a distance of 694.62 feet to a point on the northerly line of land now or formerly of J. Harold Stydinger; thence from said point along the northerly line of land of J. Harold Stydinger, South 71 degrses 42 minutes West, a distance of 949.27 feet to a point; thence from said point, continuing along the same, North 89 degrees 41 minutes West, a distance of 141.28 feet; thence from said point, continuing along the same, South 67 degrees 00 minutes West a distance of 432.00 feet to a point on the dividing line between Lots Nos. 1 and 3; thence from said point along the dividing line between Lots Nos. 1 and 3, North 34 degrees 04 minutes 13 seconds West, a distance of 300 feet to a point; thence from said point, continuing along the same, South 62 degrees 02 minutes 42 seconds West, a distance of 2057.31 feet to a point; thence from said point, North 70 degrees 28 minutes 07 seconds West, a distance of 347.48 feet to a point, the point and place of BEGINNING. CONTAINING 152 acres, more or less, and being Lot No. 3 on the Final subdivision Plan for Eli M. Dobrinoff, Jr., prepared by Dallas G. Clouser, SurVeyor, dated February 9, 1988 and recorded in Perry County Plan Book 31, Page 9. UNDER AND SUBJECT to all restrictions, reservations, conditions, rights-of-way and easements contained in Perry Deed Book 388, Page 97. ALSO, UNDER AND SUBJBCT to all restrictions, reservations, rights-of-way, conditions and easements contained in Plan Book 31, Page 9. ALSO, Lq~DER AND SUBJECT to all easements, restrictions, reservations and rights-of-way of record. BEING the same premises which Eli M. Dobrinoff, Jr., single man, by his deed dated August 7, 1989, and recorded in the Office of fhs Recorder of Deeds in and for Perry County, Pennsylvania, in Deed Record Book 542, Page 19, granted and conveyed unto Kenneth E. Schenk and Patricia A. Schenk, his wife, Grantors and Mortgagors herein. Exhibit "D" uz ~c Exhibit ~E~ NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. (the Acfl 15 U.S,C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit my be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law f'mu unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing with'm thirty (30) days of the receipt of this notice that the delSt or any pgrtion thereof is disputed, the creditor' s law firm will obtain a verification of the debt and i copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the qreditor*s law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm.' 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. SHERIFFIS RETURN - CASE NO: 2001-00779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURER'S AND TPJtDERS TRU VS SCHENK TIMOTHY M ET AL REGULAR JASON VIOP~AL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SCHENK TIMOTHY M DEPENDANT at 0020:24 HOURS, on the at 1210 MUSKET LANE MECHANICSBURG, PA 17055 HEAHTER SCHENK a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 15th day of February , 2001 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this 3~-~ day of A. D. tnonotary So Answers: R. Thomas Kline o2/16/2OOl SPEAR & HOFFMAN SHERIFF'S RETURN CASE NO: 2001-00779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURER'S AND TPJtDERS TRU VS SCHENK TIMOTHY M ET AL - REGULAR JASON VIOP~AL Cumberland County, Pennsylvania, says, the within COMPLAINT SCHENK HEATHER L DEFENDANT , at 0020:24 at 1210 MUSKET LANE MECHANICSBURG, PA 17055 HEATHER SCHENK Sheriff or Deputy Sheriff of who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 15th day of February , 2001 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 Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ~ day of A.D. / ' Prothonotar~ t · So Answers: R. Thomas Kline 02/1~/2001 SPEAR & HOFFMAN SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755 - 1560 ATTORNEY FOR PLAINTIFF LOAN# 9794124 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-779 PRAEC1PE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment 1N REM in the amount of $264,993.19 in favor of the Plaintiff and against the defendant(s),.jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 9.35% from MAY 30, 2000 to APRIL 26, 2001 (331 days ~ $61.72 per diem) Other Fees Attorneys Fees TOTAL AMOUNT DUE $240,948.87 BONNIE DAHL, ESQUIRE Attorney for Plaintiff $20,429.32 $15.00 $3,6O0.00 $264,993.19 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $264,993.19 ~-30--01 PRO PROTHY ~ SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (I0) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sent as stated. Dated: BY: SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff Spear & Hoffman, P.A. BY: ROBERT W. CUSICK, ESQUIRE Attorney I.D. No. 80~93 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9794124 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 CIVIL TERM NOTICE To: TIMOTHY M. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQU/RED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Robert W.~ Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Spear & Hoffman, P.A. BY: ROBERT W. CUSICK, ESQUIRE Attorney LD. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9794124 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 CiVIL TERM NOTICE To: HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Robert W.~ Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-779 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 BY: BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-779 TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANT(S) CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff; hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 Date mailed: BY: SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 75%1560 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANT(S) AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that she is attorney for Plaintiff in the above-captioned matter, that she makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of her knowledge, information and belief. Defendant, TIMOTHY M. SCHENK AND HEATHER L. SCHENK, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 1210 MUSKET LANE MECHAN1CSBURG, PA 17055. SWORN TO AND SUBSCRIBED BEFORE ME THIS _0~q49 DAYOF I~(~l ,2001. Sharon E. Woodard A Notary Public of New Jersey .. rnission Expk s 3/ 9/2005 April26,2001 BY: BONNIE DAHL, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: TIMOTHY M. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR 1N INTEREST TO FARMERS TRUST COMPANY PLAiNTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L, SCHENK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [] [] [] [] Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL, ESOUIRE at this telephone number: (856) 755-1560 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [] [] [] [] [] Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL, ESOUIRE at this telephone number: (856) 755-1560 ~' ' 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRiT OF EXECUTION MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY VS. TIMOTHY M. SCHENK AND HEATHER L. : SCHENK : TO THE PROTHONOTARY OF THE SAID COURT : ( ) Confessed Jndgment : ( ) Other : File No. 01-779 Amount Due $264,993.19 Interest Atty's Corrtm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate origthal proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND debt, interest and costs upon the following described property of the defendant(s) County, for 1210 MUSKET LANE, MECHANICSBURG, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit./~'~'x .-, ~~ DATE: At~ril 26, 2001 Signature: t.i . ~, Print Name: BONNIE DAHL, ESOUIRE Address: 1020 N. Kinzs Highway, Suite 210 Cherry Hill, N.J. 08034 Attorney for: MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY ALL THAT CERTAIN known as Lot #102, Phase 2, Section II, Hampden Heights, Hampden Township, Cumberland County, Pennsylvania, according to a Plan of Hampden Heights for Park Hills West, Inc., by Whittock-Hartman, Robert Hartman, R.P.E., dated December I8, 1987 and recorded in Plan Book 58, Page 39, bounded and described in accordance with said plan as follows: BEGINNING at a point on the western right-of-way line of Musket Lane, said point being a common property comer of Lot #101 (existing) and Lot #102; thence from said point of beginning along said Lot #101 (existing) South 77 degrees 35 minutes 09 seconds West a distance of 125.00 feet to a point on the property line of Lot #104; thence by a portion of Lot #I04 and Lot #103 North 12 degrees 24 minutes 51 seconds West a distance of 145.82 feet to a point on the Southern right-of-way line of Musket Lane; thence along said southern right-of-way of Musket Lane South 87 degrees 09 minutes 52 seconds East a distance of 53.17 feet to a point; thence continuing along same and by a curve to the right, having a radius of 100.00 feet, an arc length of 130.46 feet to a point; thence continuing along same South I2 degrees 24 minutes 51 seconds East a distance of 35.36 feet to a common property comer of Lot #I01 (existing) and Lot #102, the point of BEGINNING. BEING Lot #102, containing 14,982.07 square feet or 0.3439 acres, as shown on the Final Subdivision Plan of Phase #2, Section II, as prepared by Whittock-Hartman, Robert G. Hartman, Jr., P.E., R.S., dated December 18, I987. BEING the same premises which Richard C. Thomas, Jeffrey A. Thomas and Michael D. Thomas, Parmers, by Deed dated May 30, 1995 and recorded May 31, 1995 in the Office of the Recorder of Deeds in and for Perry County, Pennsylvania, in Deed Book Volume 122, Page 1020, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk, Husband and Wife. PROPERTY ID# 10-17-1029-221 SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATI'ORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQU1RE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1210 MUSKET LANE, MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PENNSYLVANIA STATE BANK 91 CUMBERLAND PARKWAY MECHANICSBURG, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PNC BANK, N.A. WESTERN LOAN CENTER COLLATERAL CONTROL 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 DAUPHIN DEPOSIT BANK & TRUST CO. PO BOX 4800 HARRISBURG, PA 17111 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: HAMPDEN TOWNSHIP KATHRYN W. FETROW TAX COLLECTOR 5000 CREEKVIEW RD. MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PiNE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUPANT(S) 1210 MUSKET LANE MECHANICSBURG, PA 17055 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. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KiNGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAiNTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR 1N INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO,01-779 TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TIMOTHY M. SCHENK HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 Your house (real estate) at: 1210 MUSKET LANE MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriffs Sale onSEPTEMBER 5, 2001at: CUMBERLAND COUNTY COURTHOUSE 2~r~ FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $264,993.19obtained by MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY the amount of the .judgment plus costs or the back payments, late charges, costs and reasonable attorney% fees due. To find out how much you must pay, you may call: (856) 755-I 560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the.judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FiNANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01 ~779 CERTIFICATION BONNIE DAHL, ESQUIRE, hereby verifies that he is the attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mo~gage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. BONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY LD. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-779 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this property is: [ ] FHA - Tenant Occupied or Vacant [ ] Commercial [ ] As a result of a Complaint in Assumpsit [ X ] That the Plaintiff has complied in all respects with Section 403 of the Mortgage assistance Act including but not limited to: (a) (b) (c) (d) Service of notice on Defendant(s) Expiration of 30 days since the service of notice Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency Defendant(s) failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of CUMBERLAND County for any false statement given herein. BONNIE DAHL, ESQUIRE Attorney for Plaintiff CERTIFICATE TO THE SHERIFF SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FiNANCIAL BANK, N.A. SUCCESSOR iN iNTEREST TO FARMERS TRUST COMPANY VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK : COURT OF COMMON PLEAS NO.01-779 I HEREBY CERTIFY THAT I. The judgment entered in the above matter is based on an action: X B. C. D. In Assumpsit (Contract) In Trespass (Accident) In Mortgage Foreclosure On a note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The defendant(s) own the property being exposed to sale as: X B. C. D. E. F. An individual Tenants by the Entireties Joint tenants with right of survivorship A partnership Tenants in Common A corporation IlL The defendant(s) is (are): X Resident in the Commonwealth of Pennsylvania Not resident in the Commonwealth of Pennsylvania If more than one defendant and either A or B above not applicable, state which defendants are residents of the Commonwealth of Pennsylvania. Residents: Phone No. (856) 755-1560 Name: Signature: Address: BONNIE DAHL, ESOUIRE Attorney I.D. No. 79294 1020 N. Kines Highway, Suite 210 Cherry Hill, N.J. 08034 Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR 1N INTEREST TO FARMERS TRUST COMPANY VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". Thc undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. BONNIE L. DAHL, ESQUIRE Exhibit "g- Z -.cr~' ~ -~': ~ -' ~-§~ ~> ~8 ~ Manufacturer's and Traders Trust Company, successor by merger with Keystone Financial Bank, N.A., Successor in Interest to Farmers Trust Company VS Timothy M. Schenk and Heather L. Schenk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-779 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Bonnie Dahl. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 13.97 Levy 15.00 Advertising 15.00 Certified Mail 1.13 Poundage 16.87 Postpone Sale Law Journal Patriot News 358.40 337.65 $860.18 by attorney 09-18-01 This/¢~ day R. Thomas Kline, Sheriff Prothonotary Real Estate Deputy sPEAR. & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N,A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANTS Spear & Hoffman, Attorney File Copy COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-779 AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR 1N 1NTEREST TO FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, BONNIE DAd-IL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following reformation concerning the real property located at 1210 MUSKET LANE, MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: TIMOTHY M. SCHENK AND HEATHER L. SCHENK 1210 MUSKET LANE MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: PENNSYLVANIA STATE BANK 91 CUMBERLAND PARKWAY MECHANICSBURG, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PO BOX 840 BUFFALO, NY 14240-0840 PNC BANK~ N.A. WESTERN LOAN CENTER COLLATERAL CONTROL 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 , interest in the real property sih~a~ed m . ~~P Cumberland County, ¢,:~, ,, :~mbered as: i~/o ~~ ~t~~ and mo~ ~ ~,~d on ~hibit "A' filed wi~ this writ and by this reference incorporated herein PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE ~ NO. 6 Writ No. 2001-779 .Civil Manufacturer's and 'l~aders Trust Company, Successor by Merger With Keystone Financial Bank, N.A~, Successor in Interest to Farmers Trust Company VS. Timothy M. Schenk and Heather L. Schenk Atty.: Bonnie Dalai ALL THAT CERTAIN known as Lot #102, Phase 2, Section II. Hampden Heights, Hampden Township. Cum- berland County. Pennsylvania. ac SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001 COfSE. 8f~YOER, Not~ Publlo THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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 Volume 14, Page 317. PUBLICATION COPY SA LE#6 for said County of Dauphin in ~scellaneous Book "M', to 21st 2001 A.D. M~, P~a ~ el ~y commission expires June 6, 2~2 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total 336.15 1.5O 337.65 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. AMENDED RETURN Manufacturer's & Traders Tr. Co., Successor by Merger with Keystone Financial Bank, N.A., Successor in Interest to Farmers Tr. Co. VS Timothy M. Schenk and Heather L. Schenk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-779 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Bonnie Dahl. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 13.97 Levy 15.00 Advertising 15.00 Certified Mail 1.13 Poundage 780.00 Postpone Sale Law Journal 358.40 Patriot News 337.65 $1623.31 paid by attorney 09-20-01 Sworn and subscribed to before me This ~ 7 ~day of 200 , ^.D. Prothonotary R. Thomas Kline, Sheriff Rehl Estake Deputy SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 KINGS HIGHWAY, SUITE 210 CHERRY HILL, NJ 08034 (856) 755-1560 ATTORNEYS FOR PLAINTIFF MANUFACTURER'S AND TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. TIMOTHY M. SCHENK AND HEATHER L. SCHENK DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-779 PRAECIPE TO SETTLE. DISCONTINUE AND END W1THOUT PREJUDICE COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly settle, discontinue and end without prejudice the above captioned complaint in mortgage foreclosure. SPEAR AND HOFFMAN, P.A. BONNIE DAHL, ESQUIRE Attorneys for Plaintiff REAL ESTATE SALE No. 6 Writ No. 2001-779 Civil Term Manufacturer's andTraders Trust Cor~ oany, Successor ;' Merger with K( ~tone Firtancial ,Bank, N.A. Successor ~n Interest to FarmersTrust Cmnpany Ys Timothy M. Schenk and Heather L. Schenk Arty: Bonnie Dahl DESCRIPTION ALL TIfAT CERTAIN known as Lo~ #102, Phase 2. Section Il, Hampden Heights. Hampden Township. Cumberland County, Pennsylvania, accoMing to a Plan of Hampden Heights for Park Hills West, Inc., by Whiilock-Hartman, Robert Hartman. R.EE., daled DOCclnber 18, Ig87 and recorded in Plan Book 58, Etge 39, bounded and demfibed in acc. ordancc with ,,aid ptan as follows: BEGINNING at a point on the western fight-of- way line of Musket Lane. said point being a common property co.mer of Lot #ifil (existing) and Let #102; thence Bom said point o1' beginning along said Lot #ifil (existing) South 77 degrees 35 minutes 09 ~econds West ;t dislance of 125.1B feet to a point on the proI~ay line of Lot #104: thence by a portion of Lot and Lot #103 Norih 12 degrees 24 mintltes second~ West a distance of 145.82 feet to a point on ~he ~ethem fight-of-way line of Musket Lane; thence along ~aid southern fight-of-way of Musket Lane So%h 87 degrees 09 minules 52 seconds Easl a dis/ance of 53.1'/tget lo a point:; thence continuing'along ..amc and by a curve to the fight, having a radius of 100.00 feet, an length of 130A6 ~cel lo a point; thence continuing along same Soulh 12 deg~es 24 minutes 51 seconds East a distance of 3536 feel o a common property comer of Lot #ifil (existing) and Lot # 02. thc point ,al' BEGINNING. BEING Lot #102, containing 14982.0'/ square {eel or 0.3439 acres, as shown on the Final Subdivisica~ Plan of Phase #2, Section II, as prepared by Whittoch-Hartman, Robert G. Hartman, lt.. EE., R.S., deted December 1987. BEING the same premises which Richard C; Thomas, JefiYey ~.A. Thomas and M;xhael D. Thomas, hnners, by Deed t~aled May 30. and tecoMed May 31. 1995 m the Office ot Recorder of Deeds in a~d lbr percy Cou~aly. pennsylvania, in Deed Book Volume 122, 1020, granted and conveyed unto Timothy M. Scbenk and Heather L. Schenk. Husband and Wife. PROPERTY ID #10-17-1029-221. recorded ~!g/!9~a. in D~ed/~k !0!. Page Wrlt N~ 199' 5119' N.~T~c~ Ag~menL-~ as of 1~/ Open O~ ~ge Loan Tru~ I~A As~t-~ w~out ~o~e U~ U. K~ A~: Ma~ J~dmn DE~ON REAL ESTATE: No. 31 Writ N~ 2001. Dennis G.