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HomeMy WebLinkAbout10-6702U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE 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 the Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, BRENDA L. SHENK and CHRISTOPHER R. SHENK, aze adult individuals whose last known address is 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065. 3. On or about, August 04, 2006, the said Defendants executed and delivered a Mortgage Note in the sum of $104,139.00 payable to PHILADELPHIA FINANCIAL MORTGAGE a division of LEESPORT BANK, which 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 on August 8, 2006 in Mortgage Book 1961, Page 2792 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on August 8, 2006 in Book 729, Page 2065. The 1Wlortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, which Assignment is attached hereto and mazked Exhibit "B". The said Mortgage and Assignments are incorporated herein by reference. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~,,:," of 4rr~nb~r~~~fd Jody S Smith Chief Deputy ~ ,-- . ~~p. Richard W Stewart ` Solicitor ~` r "~ "` ~ `~'~~ US Bank National Association vs. Christopher R. Shenk (et al.) Case Number 2010-6702 SHERIFF'S RETURN OF SERVICE 10/28/2010 04:15 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2010 at 1615 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Brenda L. Shenk, by making known unto herself personally, at 634 Holly Pike, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. RO R BITNER, D PUTY 10/28/2010 04:15 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2010 at 1615 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christopher R. Shenk, by making known unto Brenda Shenk, Wife of defendant at 634 Holly Pike, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. RO RT BITNER, DE UTY 10/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 634 Holly Pike, Mount Holly Springs, PA 17065, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 634 Holly Pike, Mount Holly Springs, PA 17065 is currently occupied by Christopher and Brenda Shenk, Husband and Wife. SHERIFF COST: $71.30 October 29, 2010 SO ANSWERS, -~. RON R ANDERSO ~ERI~f --~ -~ _ -- _„~ _ r -, i " ._ i"r"! _.~ ::Ci GounrySuit~? 5henff. Teiecso`t, lrn;. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6702 CIVIL MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) BRENDA L. SHENK and CHRISTOPHER R. SHENK 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 Interest Per diem of $15.12 From 02/01/2010 To 11/01/2010 Late Charges ($23.65 per month to 11/01/2010) Escrow Deficit 5% Attorney's Commission TOTAL $98,985.82 $4,127.76 ; 77 U)r- N ,'^t ci-I $189.20 $1,168.56 $4,949.29 $109,420.63 "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. pd . If/??.OC, }ktlt,y- Ago 55 7y ?-kvle /&, ',6,1 PURCELL, KRUG & HA By 4 Leon P. ITaller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6702 CIVIL IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on November 22, 20101 served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK Defendants DATE OF THIS NOTICE: November 22, 2010 TO: BRENDA L. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 CHRISTOPHER R. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 k IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6702 CIVIL CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & HALLER By LEON P. R, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6702 CIVIL IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before m this/ Y---day of 4 - 20 C'CMMONWEALTU SF (?Q BYL NOTARIAL SEAL fl P,4ARYUAN"D; K. FERRETTI, Notary Public L^vvuer Paxton TWvp., Dauphin County rT' Ccmmissfon Expires Aug. 8, 2014 LEON ALLER, ESQUIRE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-6702 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From BRENDA L. SHENK AND CHRISTOPHER R. SHENK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 $109,420.63 L.L.$.50 Interest PER DIEM OF $15.12 TO SALE DATE 6/1/11 -- $3,172.50 Atty's Comm % Due Prothy $2.00 Atty Paid $203.80 Other Costs LATE CHARGES $23.65 PER MONTH TO SALE DATE 6/1/11 --$141.90 ESCROW DEFICIT $1,948.40 Plaintiff Paid Date: 225111 ID7? David D. Buell, Pro honotary (Seal) By: Deputy REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 , 's IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 10-6702 CIVIL U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT(S) Total Judgment Amount $109,420.63 Interest $3,172.50 Per diem of $15.12 to sale date 6/1/2011 Late Charges $141.90 $23.65 per month to sale date 6/l/201 1 Escrow Deficit $1,948.40 TOTAL WRIT $114,683.43 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, June 01, 2011 (PROTHONOTARY'S USE) Plt£ Paid Deft. Paid Due Proth/Clerk _ Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: G.. a c._.. Issue Writ of Execution in the above captioned case. -- --, -7 7 Date: February 23, 2011 ` 7 rri ., c.r: "D Attorney for Plaintiff -10 <=Y 1719 North Front Street on P. Haller c.. =-' Harrisburg, PA 17102 PA I.D. #15700 ::7 ° -7 co (717) 234-4178 P F.? WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS 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 634 HOLLY PIKE OUNT HOLLY SPRINGS, PA 17065 Date: /aC/ ??/ DU ley AJ4&1 - 7A 36 C?8 G PROT ARY/CLE CIVIL DIVISION qld • GG BY Plc/() o ('Ie w5-/d1 ?>? DEPUTY ?a - GG sz? ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of South Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 1 I on that certain plan of lots adjoining the Borough of Mt. Holly Springs laid out by W. Frank Hartzell and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No. 2, Page 33, more particularly bounded and described as follows: ON the North by Lot No. 12; on the East by a twenty foot alley; on the South by Lot No. 10 on said Plan, now or formerly of W.R. McDonald and wife; and on the West by the State Highway, having a frontage of 60 feet on said State Highway, and extending at an even width 200 feet in depth to the said twenty foot alley. ALSO, any right, title and interest of the Grantors to the premises which William J. Murphy, by deed dated June 10, 1980 and recorded in Cumberland County Deed Book "Z", Volume 28, Page 435 granted and conveyed unto Laban D. Hock and Annie M. Hock, prior owners, said interest being further set forth and defined in Agreement dated December 31, 1983 and recorded June 13, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, PA in Misc. Book 296, Page 238. HAVING thereon erected a dwelling known as 634 Holly Pike, Mount Holly Springs, PA 17065. PARCEL NO.: 40-31-2187-016. BEING THE SAME PREMISES WHICH Betty J. Landis by deed dated 8/4/06 and recorded 8/8/06 in Cumberland County Record Book 276 Page 317, granted and conveyed unto Christopher R. Shenk and Brenda L. Shenk, his wife. TO BE SOLD AS THE PROPERTY OF BRENDA L. SHENK AND CHRISTOPHER R. SHENK ON JUDGMENT NO. 10-6702 CIVIL i U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT(S) NO. 10-6702 CIVIL IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 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 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065: - 1. Name and address of the Owner(s) or Reputed Owner(s): rte r? ' -P? BRENDA L. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 -yi CHRISTOPHER R. SHENK 634 HOLLY PIKE ' MOUNT HOLLY SPRINGS, PA 17065 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 is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Leesport Bank P. O. Box 741 Leesport, PA 19533 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 (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. Leon P. er PA 1. D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: February 23, 2011 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6702 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1' ; TAKE NOTICE: - _? That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 01, 2011 _TIME: 10:00 O'clock A.M. LOCATION: 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: 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-6702 CIVIL JUDGMENT AMOUNT $109,420.63 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BRENDA L. SHENK AND CHRISTOPHER R. SHENK 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 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 Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of South Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 11 on that certain plan of lots adjoining the Borough of Mt. Holly Springs laid out by W. Frank Hartzell and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No. 2, Page 33, more particularly bounded and described as follows: ON the North by Lot No. 12; on the East by a twenty foot alley; on the South by Lot No. 10 on said Plan, now or formerly of W.R. McDonald and wife; and on the West by the State Highway, having a frontage of 60 feet on said State Highway, and extending at an even width 200 feet in depth to the said twenty foot alley. ALSO, any right, title and interest of the Grantors to the premises which William J. Murphy, by deed dated June 10, 1980 and recorded in Cumberland County Deed Book "Z", Volume 28, Page 435 granted and conveyed unto Laban D. Hock and Annie M. Hock, prior owners, said interest being further set forth and defined in Agreement dated December 31, 1983 and recorded June 13, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, PA in Misc. Book 296, Page 238. HAVING thereon erected a dwelling known as 634 Holly Pike, Mount Holly Springs, PA 17065. PARCEL NO.: 40-31-2187-016. BEING THE SAME PREMISES WHICH Betty J. Landis by deed dated 8/4/06 and recorded 8/8/06 in Cumberland County Record Book 276 Page 317, granted and conveyed unto Christopher R. Shenk and Brenda L. Shenk, his wife. TO BE SOLD AS THE PROPERTY OF BRENDA L. SHENK AND CHRISTOPHER R. SHENK ON JUDGMENT NO. 10-6702 CIVIL i U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6702 CIVIL IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 3111 l wC I I , 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, which mailing receipts are attached. Service addresses are as follows: BRENDA L. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 CHRISTOPHER R. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 Leesport Bank P. O. Box 741 Leesport, PA 19533 d.. a %t tn? t to C Cl) By PURCELL, KRU ALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINEKA LISA RYNARD GG?C'?LG,/? C??ZGGP/?t 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 BRENDA L. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 CHRISTOPHER R. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 Leesport Bank P. O. Box 741 Leesport, PA 19533 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN 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 you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. By: Leon P. er PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRENDA L. SHENK AND CHRISTOPHER R. SHENK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-6702 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 01, 2011 TIME: 10:00 O'clock A.M. LOCATION: 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: 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-6702 CIVIL JUDGMENT AMOUNT $109,420.63 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BRENDA L. SHENK AND CHRISTOPHER R. SHENK 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 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 Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of South Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 11 on that certain plan of lots adjoining the Borough of Mt. Holly Springs laid out by W. Frank Hartzell and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No. 2, Page 33, more particularly bounded and described as follows: ON the North by Lot No. 12; on the East by a twenty foot alley; on the South by Lot No. 10 on said Plan, now or formerly of W.R. McDonald and wife; and on the West by the State Highway, having a frontage of 60 feet on said State Highway, and extending at an even width 200 feet in depth to the said twenty foot alley. ALSO, any right, title and interest of the Grantors to the premises which William J. Murphy, by deed dated June 10, 1980 and recorded in Cumberland County Deed Book "Z", Volume 28, Page 435 granted and conveyed unto Laban D. Hock and Annie M. Hock, prior owners, said interest being further set forth and defined in Agreement dated December 31, 1983 and recorded June 13, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, PA in Misc. Book 296, Page 238. HAVING thereon erected a dwelling known as 634 Holly Pike, Mount Holly Springs, PA 17065. PARCEL NO.: 40-31-2187-016. BEING THE SAME PREMISES WHICH Betty J. Landis by deed dated 8/4/06 and recorded 8/8/06 in Cumberland County Record Book 276 Page 317, granted and conveyed unto Christopher R. Shenk and Brenda L. Shenk, his wife. TO BE SOLD AS THE PROPERTY OF BRENDA L. SHENK AND CHRISTOPHER R. SHENK ON JUDGMENT NO. 10-6702 CIVIL 7160 3901 4649 3035 5616 TO: CHRISTOPHER R. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 SENDER: PHFA/SHENK REFERENCENOS 06/01/11 RETURN rosrage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insuranoe Coverage Provided Do Not Use for kiWnatiorrai Mal POSTMARK OR DATE 7160 3901 4644 3035 5595 TO: BRENDA L. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 SENDER:PHFA/SHENK REFERENCEIKOs 06/01/11 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Pmvided Do Not Use for kftmationii Mail POSTMARK OR DATE i a? Ap PENNSYLVANIA HOUSING FINANCE AGENCY v. BRENDA L. SHENK CHRISTOPHER R. SHENK Cumberland County Sale 6/1/2011 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: BRENDA L. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 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: CHRISTOPHER R. SHENK 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 7 ®?? ?'naer aowes 021M $01.150 0004284324 MAR! 1 2011 MAILED FROM ZIP CODE 1 710 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. BRENDA L. SHENK CHRISTOPHER R. SHENK Cumberland County Sale 6/1/2011 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: TENANT/OCCUPANT 634 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 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: Leesport Bank P. O. Box 741 Leesport, PA 19533 SAP PN PI7NFV BOWES 0 2 1M $ 02.30° 0004284324 MAR11 2011 MAILED FROM ZIP CODE 1 710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank Trust National Association vs. Christopher R. Shenk (et al.) v OFF, a ,u NGTA? C!.- _ 9 rs IkB 3 PENNSYLIiAHIA Case Number 2010-6702 SHERIFF'S RETURN OF SERVICE 03/22/2011 Noah Cline, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 634 Holly Pike, Mount Holly Springs, PA, Cumberland County. 03/22/2011 06:45 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be BRENDA L. SHENK (WIFE), who accepted as "Adult Person in Charge" for Christopher R. Shenk at 634 Holly Pike, South Middleton Township, Mount Holly Springs, PA 17065, Cumberland County. 03122/2011 06:45 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Brenda L. Shenk at 634 Holly Pike, South Middleton Township, Mount Holly Springs, PA 17065, Cumberland County. 05/26/2011 As directed by Leon P. Haller, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09106/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $816.70 September 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF s ` ?2 & (c) GountySuite Sheriff. leieosoff, fnc. CUMBERLAND LAW JOURNAL Writ No. 2010-6702 Civil US Bank National Association VS. Christopher R. Shenk Brenda L. Shenk Atty.: Leon P. Haller ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of South Middleton, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows, to wit: BEING Lot No. 11 on that certain plan of lots adjoining the Borough of Mt. Holly Springs laid out by W. Frank Hartzell and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No. 2, Page 33, more particularly bounded and described as follows: ON the North by Lot No. 12; on the East by a twenty foot alley; on the South by Lot No. 10 on said Plan, now or formerly of W.R. McDonald and wife; and on the West by the State Highway, having a frontage of 60 feet on said State Highway, and extending at an even width 200 feet in depth to the said twenty foot alley. ALSO, any right, title and inter- est of the Grantors to the premises which William J. Murphy, by deed dated June 10, 1980 and recorded in Cumberland County Deed Book "Z", Volume 28, Page 435 granted and conveyed unto Laban D. Hock and Annie M. Hock, prior owners, said in- terest being further set forth and de- fined in Agreement dated December 31, 1983 and recorded June 13, 1984 in the Office of the Recorder of Deeds in and for Cumberland County, PA in Misc. Book 296, Page 238. HAVING thereon erected a dwell- ing known as 634 Holly Pike, Mount Holly Springs, PA 17065. PARCEL NO.: 40-31-2187-016. BEING THE SAME PREMISES WHICH Betty J. Landis by deed dated 8/4/06 and recorded 8/8/06 in Cumberland County Record Book 276 Page 317, granted and conveyed unto Christopher R. Shenk and Brenda L. Shenk, his wife. TO BE SOLD AS THE PROPERTY OF BRENDA L. SHENK AND CHRIS- TOPHER R. SHENK ON JUDGMENT NO. 10-6702 CIVIL. 74 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, 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: April 22, April 29, and May 6, 2011 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. ??- ?L- a_ Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of Ma 2011 Notary ` NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology PkWy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14t patriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 {{ff- 05/06/11 1 Sworn to and subscribed b m6 this 23,d?ay of ay, 2011 A.D. --- Notary Public COMMONWEALTH OF PENNSYLVANIA Nota?1N Sul Sherrie L Kisnw, Notary Publk Lower Paxton Twp., Doupift CUMly my Comml? B"" My. Toil Member, Pennsylvania ~ 201047112 Chill Term US Bank Watt" Aesocle lon Vs ChrlsPher R. Shenk Brenda L. Shenk pftr- Leon P. Haller ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the lbwnship of South Middleton, in the County of Cumberland an Commonwealth of Pennsylvania, mot particularly dc,=I)ed as follows, to wit. BEING Lot No. 11 on that certain H of lots adjoining the Borough springs laid out by W. Frank Hartzell and recorded in the Office of the Recorder of De in and for Cumberland County in py? No. 2, Page 33, more parti 1y boon and described as f ON th North by Lot No. 12; on the t* by a Lwenty foot alley; 06the South by Lot iitf.'10 on said plan, now or formerly of W.R. McDonald and wif ; . and on the having a West by the State Highway, frontage of 60 feet on said State. H200 ighway, and extending at an even widt?t alley. in depth to the said twenty" ALSO, any right, title and interest of the Grantors to the premises which William J. Murphy, by deed dated June 10, 1980 and recorded in Cumberland County Deed Book "Z+' volume 28, Page 435 granted and conveyed 'u w Laban D. Hock, and Annie M. Hock, prior owners, said interest being further set forth and defined in Agreement dated December 31, 1983 and recorded June 13,19g4 in the Office of the Recorder of Deeds in and for Cumberland 238- County, PA in M,,. Book 296, Page a HAVING thereon dwelling known as 634 pAHolly 17065, Mount Holly SPrings+-31-2187-016. PARCEL E SAME PREMISES BEING TItJ. Lanai by deed dated ?? Betty 814/06 and recorded 818106 in Cumberland and County Record Book 276 Page granted and conveyed unto Christopher R. Shenk and Brenda L. Shenk, his wife- TO BE S6LD AS THE PROPERTY OF BRENDA L, SM AND CHRISTOPHER R. . ON JUDGMENT NO. 10-6702 CIVIL