The URL can be used to link to this page

Home My WebLink About02-0240HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. GREGG E. ROHRBAUGH Defendant ACTION OF MORTGAGE FORECLOSURE 4a-alb &zj THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP Plaintiff vs. GREGG E. ROHRBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE GREGG E. ROHRBAUGH, Defendant 0J - 0? / O COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., is a Corporation, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, GREGG E. ROHRBAUGH, is an adult individual, whose last known address is 1223 MITCHELL DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. 3. On or about, November 28, 1994, the said Defendant, executed and delivered a Mortgage Note in the sum of $89,775.00 payable to BANCPLUS MORTGAGE CORP., 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 in Mortgage Book 1243, Page 412 conveying to original Mortgagee the subject premises. Homeside Lending, Inc. is Successor by merger to BancPlus Mortgage Corp. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 18 EAST PORTLAND STREET, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $16.15 per day From 08/01/2001 To 02/01/2002 ( based on contract rate of 7.125%) Accumulated Late Charges Late Charges $29.61 From 09/01/2001 to 02/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $82,765.03 $3,423.79 $212.20 $207.26 $729.57 $4,138.25 $91,476.10 **Together with interest at the per diem rate noted above after February 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.125% ($16.15 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S eriff's Sale and for foreclosure and sale of the property within described. By: RCELL,KRUG & ALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Bbm93116 (1696x2800x2 tiff) [2] c °? Ut :.• Uri ter ihn ?nn.:.u NOTE STATE OR ERNS "NIA FHA Gss No. 441-49M48-0-728 DATE j@Ep 28. 1994 LOAN M: 10848613 78 a frD M AUQ STREET _ MEC"6N1CSRURG-I!AJ7A6E Property Address 1. PARTIES -Borrowee means each person signing at the time of this Note, and Ow persons successors and assigns. Lender' means BANCPLUS MORTO?t( C011p. and UUs successors and assigns. 2. SORROWERS PROMISE TO PAY; INTEREST In return for a loan. received from Lender, Borrower promises to pay the --ircipal sum of _a_ 1NE TtfOl1SANO SEi[Ef?f?.UNDRED SEVEf?1T?FIVE _?J?Njt(] Dollars 6 __plus interest, to Ohs order of Lender. Interest wn be bunged on Pr cpa6 tram the data of disbursement of the loan proceeds by Lender. at the rate of SIX Aagt THREE EOI jllS---------------- _____________________________ ; oft 1g.,=-------7 per year. The interest teres- t 50 rate may change in secord enae with A PROMISE TO! PAY SECURED Borrower's promise to pay is secured by a mortgage, dead of trust or singer security instrument that is dated the same date as this Note and called the "Security Instrument- That Security Instrument protects the Lender from losses which might result if Borrower defaults under this riots. 4. MANNER OR PAYMENT W Time Borrower shat make a payment of princpa4 and Interest to Lender an the first day of each month beginning on ,1Agy- - . JX9_ . An:' principal and Interest remaining an VW first day o _Q1119 NAER__ will be duu on that date, which is called the 'Maturity ate 0 Place Payment shag be made at 9so1 MCAL4lA.IEftJME Y&L $11fe ANTONIO. TX 78210 or at such other place as Lender. 4 designate In writing by notice to Borrower. 0 Amount Initially, each monthly payment of principal and Interest will be in the amount of 85A2.R This amount wig be put of a larger monody psymam required by the Security Tn ument that shall be applied to principal, interest and other time In FHA Multistate Adjustable Rafe Note - 02191 L941 03/94 Page 1 of 4 - Bbm93116 (1696x2800x2 tiff) [3] ? n the oMer described in the Security Instrument This amount may change in accordance with Paragraph 5gB of this Note. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES W Change Date The Interest rate may change on the first day of AE81L, , 1@11 and on that day of each succeeding year. "Mange Date means each data on which the Interest rata could change. (B) The Index BegimIng with the first Change Date, the interest rate will be based on an index. 'index' means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board "Current kidex" means the most recent Index figure available 30 days before the Change Data if the Index (as defined abovel is no longer available. Lander will use as a new Index any Index prescribed by the Secretary (as defined in Paragraph 718). Lender will give Borrower notice of the new Index. (a Calculation of Interest Rats Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of T1yQ ANtLOd __________-__ percentage point(s) to o the ?E0t the Current ____ rant Index and rounding the sum to the nearest ons-eighth of one percentage point (0.125y4 Subject to the limits stated in Paragraph 5011, of this Note. this rounded amount will be the new interest rate will the next Change Data (D) Limits on Interest Rate Changes The Interest rate will never Increase or decrease by more than one percentage point 11.0%) on any single Charhge Data The interest rate will never be more than five parcentage points 150111 higher or lower than the initial interest rate stated in Paragraph 2 of this Note 0 Calculation of Payment Change If the Interest rate changes on a Change Date, Lander will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance In full at the Maturity Date at the new Interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default In payment on the Note, reduced by the amount of any prepayment to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest (f) Notice of Changes ' Lender will give notice to Borrower of any change. in the Interest rate and monthly payment amount The notice must to given at least 25 days before the new monthly payment amount is due, and must set forth m the date of the notice. Gin the. Change Date gig the old interest rate, gv) the new Interest rate, Ivl the new monody payment amount NO the Current Index and the date it was publishad NW the method of caleulatirg the change In monthly payment amount and (viii) any other information which may be required by law from time to time FM Multistate Adjustabfs Rate Note - 02181 L941 03194 - Page 2 of 4 Bbm93116 (1i596x28.OOx2 tiff) [4] 0- (G) Effective Oats of Changes A new interest rate calculated in accordance with Paragraphs NO and SO of this Note will become effective on the Change Data. Borrower shall make a payment di ft new n-Anthly, orm-n begimvnj cat the first payment date whch occurs at lust 25 days after Lender has given Borrower the notice of changes required by Paragraph 50L) of this Note. Borrower sham have w obligation to pay any Increase In the monthly payment amount calculated in accordance with Paragraph 510 of this Note i.- any payment data occu ring less Own 25 days after Lander has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 510 of this Note docneesd but Lander failed to give timely notice of the decruss and Borrower snide any monthly payment amounts exceeding the payment amount which should have been stated In a timely notice. Men Borrower has the option to either GI demand the return to Borrower of any excess payment with Interest thin eon at the Note rate a rote equal to this Interest rate which should have bean stated in a timely notieeL or 04 request that arty excess payment, with interest thereon at the Note rata be applied as payment of preKlpst Landars obligation to return any excess payment with Interest on demand is not assignable even if this Note is otherwise assigned before the demand for return Is made, 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, In whoa or in part, without charge or penalty, on the first day of any month 7. BORROWER'S FAILURE TO PAY W Lets Charge for Overdue Payments If Lander has not received the full monthly payment required by the Security Instrument. as described in Paragraph 41C) of this note, by the end of fifteen calendar days after the payment is dum Lander may collect a late charge in gar amount of F011R - percent (4yg0-----tg of the over" amount of each paymmt IN Default If Borrower defaults by failing to pay Y% full any monthly payment then Lander may, except u limited by regulations. of the Secretary In the case of payment default$. require khewdete payment In full of the principal balance remowJng due and all accrued Interest Lander may chose not to exercise this option without waiving its rights In the event of any subsequent dofau It The Note does rot authorize acceleration whin not permitted by HUD regulatiena As used in this Note. 'Secretary' means this Seuetary of Housing and Urban Development or his or her designee. 10 Payment of Costs and Expenses If Lender has required imenedints payment In full. as described above, Lender may require Borrower to pay outs and expenses Including reasonable and customary attomsys feu for enforcing this Note, Such lees and costs that bear Interest from this date of dsburument of wa same rate as the principal of this Notes 0. WAIVERS Borrower and my other person who has obligations under this Note wave the rights of presentment and notice of dishonor. 'Presentment' means the right to requtra Lander to - demand payment of amanto due. 'Notice of dishonor' means the right to require Lander to give notes. to other persons that amounts dw have not been paid FHA Multistate Adjustable Rate Note - 02191 L941 03194 Page 3 of 4 Bbm93116 (16.96x28.00x2 tiff) [5] ;? rl 9. GIVING OF NOTICES Unless aeppplicable law requires a different method any notice that moat be given to Borrower u; or this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different ass if Borrower has given Lender a notice of Borrowers different address Any notice that must be given to Lender under this Note will be Avon by first class ma" to Leader at the address stated in Paragraph ME) or at a different address if Borrower is given a notice of that different address 10. OBLIGATIONS OF PERSONS UNDER TH(S.NOTE If more than one person signs this Note, each person is fogyy and personally obligated to keep all of the promises made in this Note, including the promise to pay the ull amount owed Any person who is a guarmW. surety or endorser of Ws ,to is also obligated to do these things Any, person who takes over these obligations. Including the obligations of a guarantor, surely or endorser of this Note. is also obligated to keep all of the promises node In this Notm Lender may enforce its riohts taller this Note against each person Individuallyy, or against a" signatories together. Any one person signing this Note may be required to pay all of the amounts woad under this Nots NOTICE TO BORROWER This document contains provisions for a variable interest rate. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this mts Borrower(s): 1 .AyR JltJJ?QL (Seag GREGG I A witness(es) (Sea" Witnesslssk (Seal) Witnessluk (Sea" Wmrsslesk MAILING ADDRESS. in E PORTLAND STREET MECHANICSBURG. PA 17088 FHA Multistate Adjustable Rile Note - 2191 L941W 03194 Page 4 of 4 i j •tr r' Bbm93116 (1696x2800x2 tiff) [13] LEGAL DESCRIPTION on Portluand Street, in the Borough of So uthAsidee of East frame the described as fmbersand, wait, State of Pennsylvania Mechanicsburg, bounded and BEGINNING at a point on the southerly side of E. Portland Street, which point is 181.2 feet in a westerly direction from the southwest corner of E. Portland Street and Arch cereeti60hence South 10 degrees 4 minutes 56 seconds East, feet tc a pin on Creamery Alley; thence South 79 degrees 30 minutes west, a distance of 21.50 feet to a concrete nail, thence North 10 -'7gress 30 minutes Nest, a distance ofldistanfeet to a6pin; the•?a: North 79 degrees 30 minutes East, a of 22.7 feet to a Luirit and place of BEGINNING. HAVING THEREON ERECTED a 2 1/2 story frame dwelling house known and numbered as 28 East Portland Street. BEING the same premises which Lucie S. Clark, single woman, by her, deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds rz Cumberland County, granted and conveyed unto Gregg E. Rohrbaugh. yCM wlVdnlB .:!oOCf16Ld } SS e uV ce for the remrding of Du.,c t,?{ mberlmid C0M 6, my fran Io}0 fri nr uuday CO f If q iNIPA3 PRE 419 VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based HOMESIDE LENDING, INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: January 14, 2002 Leon P. Haller, Esquire 0 L._ w WN ? d o z o ° ? u 5 z. m ?J G7 F..?ro•?eaaica nazruiir e C- SHERIFF'S RETURN - REGULAR CASE NO: 2002-00240 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS ROHRBAUGH GREGG E KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROHRBAUGH GREGG E the DEFENDANT , at 2100:00 HOURS, on the 24th day of January , 2002 at 1223 MITCHELL DRIVE MECHANICSBURG, PA 17050 by handing to GREGG E ROHRBAUGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 30 day of A.D. i P othonvotary So Answers: -,Q f ./? R. Thomas Kline 01/25/2002 PURCELL KRUG HALLER By: 4eu (he riff SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00240 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMESIDE LENDING INC VS ROHRBAUGH GREGG E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ROHRBAUGH/TENANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT ROHRBAUGH/TENANT PER LANDLORD, HOUSE IS VACANT. Sheriff's Costs: So answers Docketing 6.00 Service 6.90 /jam Affidavit 00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 22.90 PURCELL KRUG HALLER 01/25/2002 Sworn and subscribed t????o1111 before me this 301t? day of a2P,?, A.D. Q0 moo Pr onotary HOMESIDE LENDING INC., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY, PENNSYLVANIA BANCPLUS MORTGAGE CORP., PLAINTIFF CIVIL ACTION - LAW VS. GREGG E. ROHRBAUGH, NO. 2002 CIVIL 240 DEFENDANT IN MORTGAGE FORECLOSURE S U P P L E M E N T A L AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 18 EAST PORTLAND STREET, MECHANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Gregg E. Rohrbaugh 1223 Mitchell Drive Mechanicsburg, PA 17050 Gregg E. Rohrbaugh 18 East Portland Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Borough of Mechanicsburg 2 W. Strawberry @ N. Market Street Mechanicsburg, PA 17055 (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. R611er PA I.D. #15700 Purce , Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: April 24, 2002 c7 CD o FV ? mrn ;? ? r HOMESIDE LENDING INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. GREGG E. ROHRBAUGH, NO. 2002 CIVIL 240 DEFENDANT IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant GREGG E. ROHRBAUGH 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 $82,765.03 Interest $ 3,423.79 (Per diem of $16.15 from 8/1/01 to 2/1/02) Accumulated late charges $ 212.20 Late charges $ 207.26 ($29.61 per month to 2/02) Escrow Deficit $ 729.57 5% Attorney's Commission $ 4,138.25 TOTAL $91,476.10** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & ER By Leon P. Haller PA I.D. ##15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\M KF\DOCS\CUM BE RLA\ROH R. P f J ? HOMESIDE LENDING INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., PLAINTIFF VS. GREGG E. ROHRBAUGH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 CIVIL 240 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on FEBRUARY 26, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 HOMESIDE LENDING, INC., SUCCESSOT BY MERGER TO BANCPLUS MORTGAGE CORP Plaintiff vs. GREGG E. ROHRBAUGH Defendant DATE OF THIS NOTICE: FEBRUARY 26, 2002 TO: GREGG E. ROHRBAUGH 1223 MITCHELL DRIVE MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-00240 CV 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG &R By 4_ - 11 -------- - LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 Vi l r- A- J, x ?? '1J _`x7 -C (S1 -G I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 00240 CIVIL HOMESIDE LENDING, INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., PLAINTIFF VS. GREGG E. ROHRBAUGH, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $ 91,476.10 Interest at $16.15 per diem to sale date $ 2,018.75 Late charges at $29.61 per month to sale date $ 88.83 Escrow Deficit $ 2,000.00 TOTAL $95,583.68* *SALE DATE: WEDS., JUNE 5, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: March 12, 2002 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 18 EAST PORTLAND STREET, MECHANICSBURG, PA 17055. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K 1M KFDOCS\CUM BE RLA\ROHR. W CS Q N, hV C A 1 n 1 1 \ n ? a ALL TEAT CERTAIN frame house and lot of ground situate on the South aide of East Portland Street, in the Borough of Mechanicsburg, County of Cumberland, -and State of Pennsylvania bounded and described as follows, t6 wit: BEGINNING at a point on the southerly side of E. Portland Street, which point is 181.2 feet in a westerly direction from the southwest corner of 8. Portland Street and Arch Street; thence South 10 degrees 4 minutes 56 seconds East, a distance of 160.50 feet tc a pin on Creamery Alleys thence South 79 degrees 30 minutes West, a distance of 21.50 feet to a concrete nail; thence North 10 sggrees 30 minutes West, a distance of 160.50 feet to a pin; thencE North 79 degrees 30 minutes East, a distance of 22.67 feet to a point and place of BEGINNING. HAVING THEREON ERECTED A 2 1/2 story frame dwelling house known as 18 East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING THE SAME PREMISES WHICH Lucie S. Clark by deed dated 11/28/94 and recorded 11/30/94 in Deed Book 115 Page 491 granted and conveyed unto Gregg E. Rohrbaugh. TO BE SOLD AS THE PROPERTY OF GREGG E. ROHRBAUGH ON JUDGMENT NO. 2002 00240 CIVIL. PARCEL: 18-22-0519-065 HOMESIDE LENDING INC., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY, PENNSYLVANIA BANCPLUS MORTGAGE CORP., PLAINTIFF CIVIL ACTION - LAW VS. GREGG E. ROHRBAUGH, NO. 2002 CIVIL 240 DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 18 EAST PORTLAND STREET, MECHANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Gregg E. Rohrbaugh 1223 Mitchell Drive Mechanicsburg, PA 17050 Gregg E. Rohrbaugh 18 East Portland Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2002 C7 ? n c? rv -?f v cii tF: , HOMESIDE LENDING INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE COPPP..INTIFF VS. GREGG E. ROHRBAUGH, DEFENDANT IN THE ACOURT OF COMMON PLEAS PENNSYLVANIA ND c UNTY , CUMBERLAND CIVIL ACTION - LAW NO. 2002 CIVIL 240 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT To „9nr+wDURE 312 TAKE NOTICE: real estate) will be That the Sheriff's Sale of Real Property held: WEDNESDAY, June 5, 2002 DATE: TIME: 10:00 O'clock A.M. Commissioner's Hearing Room LOCATION: 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 legal the in a measured iso£ela ne statement inement detail THE PROPERTY TO BE SOLD description mainly consisting ith a brief mention of boundaries of the property, together improvements erected on the land. the buildings and any other major imp (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 18 East Portland Street Mechanicsbu CUMBERLAND COUNTY PENNSYLVANIA pursuant to which your County property is being THE ,7UDGMENT under or p to: sold is docketed in the within Commonwealth and No. 2002 00240 CV THE NAME(S) OF THE OWNER (S) OR REPUTED OWNERS of this property is: GREGG E. ROHRBAUGH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues br rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL TEAT CnTAIN frame house and lot of ground situate on the South aide of Bast Portland Street, in the Borough of Mechanicsburg, County of Cumberland;-and-State of Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the southerly side of S. Portland Street, which point is 181.2 feet in a westerly direction from the southwest corner of S. Portland Street and Arch Street; thence South 10 degrees 4 minutes 56 seconds Bast, a distance of 160.50 feet to a pin on Creamery Alley; thence South 79 degrees 30 minutes West, a distance of 21.50 feet to a concrete nail; thence North 10 3ggrees 30 minutes West, a distance of 160.50 feet to a pin; thence North 79 degrees 30 minutes East, a distance of 22.67 feet to i point and place of BEGINNING. HAVING THEREON ERECTED A 2 1/2 story frame dwelling house known as 18 East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING THE SAME PREMISES WHICH Lucie S. Clark by deed dated 11/28/94 and recorded 11/30/94 in Deed Book 115 Page 491 granted and conveyed unto Gregg E. Rohrbaugh. TO BE SOLD AS THE PROPERTY OF GREGG E. ROHRBAUGH ON JUDGMENT NO. 2002 00240 CIVIL. PARCEL: 18-22-0519-065 C. CV .qI ?. T I CA:`' G lI ? (T+ -C HOMESIDE LENDING INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., PLAINTIFF VS. GREGG E. ROHRBAUGH, . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NO. 2002 CIVIL 240 DEFENDANT IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 4-0 ? OZ c 4-24-62, a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Gregg E. Rohrbaugh 1223 Mitchell Drive Mechanicsburg, PA 17050 Gregg E. Rohrbaugh 18 East Portland Street Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 BDROUG3 OF M EC HANICSBURG 2 W. STRAWBERRY @ N. MARKET STREET mECHANICSHURG, PA 17055 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KR UG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 2344178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LEON P.HALLER JOHN W. PURCELL JR. BRIAN .I. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Gregg E. Rohrbaugh 1223 Mitchell Drive Mechanicsburg, PA 17050 Gregg E. Rohrbaugh 18 East Portland Street Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD BDROUGH OF MECHMICSBURG 2 W. SPRAWffi2RY @ N. MAIO= SPRRET MBCRANICSBURG, PA 17055 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 ing notified of said Sheriff's Sale. By: Leon --15-. Haller PA I.D.15700 Attorney for Plaintiff r HOMESIDE LENDING INC., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY, PENNSYLVANIA BANCPLUS MORTGAGE CORP., PLAINTIFF CIVIL ACTION - LAW VS. GREGG E. ROHRBAUGH, NO. 2002 CIVIL 240 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 5, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 18 East Portland Street Mechanicsburg CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002 00240 CV THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: GREGG E. ROHRBAUGH 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 maybe obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL TJMT CEbrAIW frame house and lot of ground situate on the South side of East Portland Street, in the borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the southerly side of E. Portland Street, which point is 181.2 feet in a westerly direction from the southwest corner of E. Portland Street and Arch Streetj thence South to degrees 4 minutes 56 seconds East, a distance of 160.50 feet to a pin on Creamery Alley; thence South 79 degrees 30 minutes west, a distance of 21.50 feet to a concrete nail; thence North 10 Jogress 30 minutes West, a distance of 160.50 feet to a pin; thenc@ Worth 79 degrees 30 minutes East, a distance of 22.67 feet to a point and place of BbGIWWINO. HAVING THEREON ERECTED A 2 1/2 story frame dwelling house known as 18 East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING THE SAME PREMISES WHICH Lucie S. and recorded 11/30/94 in Deed Book conveyed unto Gregg E. Rohrbaugh. Clark by deed dated 11/28/94 115 Page 491 granted and TO BE SOLD AS THE PROPERTY OF GREGG E NO. 2002 00240 CIVIL. ROHRBAUGH ON JUDGMENT PARCEL: 18-22-0519-065 Re: Homeside v. Rohrbaugh Cumberland 6/5/02 IV 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: Gregg E. Rohrbaugh 1223 Mitchell Drive Mechanicsburg, PA 17050 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: Gregg E. Rohrbaugh 18 East Portland Street Mechanicsburg, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING In compliance with Postal Service Form 3877 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street y1tQ Harrisburg, PA 17102 -n One piece of ordinary mail addressed t cM, Domestic Relations Office ';n?'1r?\? nr __': Cumberland County Courthouse Hanover & High Streets :r o/-* i; It 4 Carlisle, PA 17013 / ?. u Re: HOMESIDE/ROHRBAUGH, Gregg E. Cumberland County -sale-06/05/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Postmark: Borough of Mechanicsburg 2 W. Strawberry @ N. Market Street Mechanicsburg, PA 17055 STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND J ss. Robert P Ziegler ------°--"------------------------ Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ________________ ---_Homeside Lending Inc s/b/m Bancplus Mtg Corp --------------------------------------------------------------------------- is the grantee the same having been sold to said grantee on the ___ 5th --------------------------------------- day of June 2002 --------- ------------------------------ A. D. ' ----- under and by virtue of a writ______________ Execution 13th ------------------------------------ -°---------issued on the -------_- ------------------- March --------- day of -------------------------- A. D., 2002__, out of the Court of Comman Pleas of said County'as of Civil ------------------...---------------------------------------------- _ Term 2002 Number - , : ____ Homeside Lending Inc s/b/m Bancplus Mtg Corp --o_ ___--_---? at the suit of ------------- ------------------------------------- Gregg E Rohrbaugh ______ against_______ duly recorded in Sheriffs Deed Book No. __ 252------ Page ----2814 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this --- _ __?__ day of 4--/ - ------- -------- Ac4D...I ?LOtlr? Homeside Lending Inc., successor by Merger to Bancplus Mortgage Corp. VS Gregg E. Rohrbaugh hi The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-240 Civil Term Brian Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2002 at 4:41 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Gregg E. Rohrbaugh, by making known unto Paula Rohrbaugh, wife of defendant, at 1223 Mitchell Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 10:36 o'clock A.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gregg E. Rohrbaugh located at 18 East Portland Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Gregg E. Rohrbaugh, by regular mail to his last known address of 1223 Mitchell Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5'2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Homeside Lending, Inc., successor by merger to Bancplus Mortgage Corp. It being the highest bid and best price received for the same, Homeside Lending, hic., successor by merger to Bancplus Mortgage Corp. of 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $748.31, it being costs. Sheriffs Costs Docketing $30.00 Poundage 14.67 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 13.80 Certified Mail 1.44 Levy 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.00 270.05 232.15 25.20 25.00 29.50 $748.31 paid by attorney 07/01/02 Sworn and subscribed to before me So Answ s: This jd,-dayofQIL, R. Thomas Kline, Sheriff 2002, A.D. P of onotary BY-J-?? ,v,i? Real Estate Deputy lo al-'? I'soC4-- J.7 3A HOMESIDE LENDING INC., SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. GREGG E. ROHRBAUGH, NO. 2002 CIVIL 240 DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 18 EAST PORTLAND STREET, MECHANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): Gregg E. Rohrbaugh 1223 Mitchell Drive Mechanicsburg, PA 17050 Gregg E. Rohrbaugh 18 East Portland Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 12, 2002 HOMESIDE LENDING INC., IN THE COURT OF COMMON PLEAS SUCCESSOR BY MERGER TO CUMBERLAND COUNTY, PENNSYLVANIA BANCPLUS MORTGAGE CORP., PLAINTIFF CIVIL ACTION - LAW VS. GREGG E. ROHRBAUGH, NO. 2002 CIVIL 240 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, June 5, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 18 East Portland Street Mechanicsburg CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2002 00240 CV THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: GREGG E. ROHRBAUGH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN frame house and lot of ground situate on the South aide of East Portland Street, in the Borough of Mechanicsburg. County of Cumberland; and-State of Pennsylvania bounded and described as follow, to wit: BEGINNING at a point on the southerly side of H. Portland Street, which point is 181.2 feet in a westerly direction from the southwest corner of E. Portland Street and Arch Street; thence South 10 degrees 4 minutes 56 seconds East, a distance of 16o 5o feet tc a pin on Creamery Alley; thence South 79 degrees 3o minutes west, a distance of 21.50 feet to a concrete nail; thence North 30 sggrees 30 minutes West, a distance of 160.50 feet to a pin; thence North 79 degrees 30 minutes East, a distance of 22.67 feet to a point and place of BEGINNING. HAVING THEREON ERECTED A 2 1/2 story frame dwelling house known as 18 East Portland Street, Mechanicsburg, Pennsylvania 17055. BEING THE SAME PREMISES WHICH Lucie S. Clark by deed dated 11/28/94 and recorded 11/30/94 in Deed Book 115 Page 491 granted and conveyed unto Gregg E. Rohrbaugh. TO BE SOLD AS THE PROPERTY OF GREGG E. ROHRBAUGH ON JUDGMENT NO. 2002 00240 CIVIL. PARCEL: 18-22-0519-065 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-240 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOMESIDE LENDING INC. SUCCESSOR BY MERGER TO BANCPLUS MORTGAGE CORP. PLANTIFF(S) From GREGG E. ROHRBAUGH (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$91476.10 L.L.$.50 Interest AT $16.15 PER DIEM TO SALE DATE $2,018.75 Any's Comm % Due Prothy $1.00 Atty Paid $129.11 Other Costs LATE CHARGES AT $29.61 PER MONTH TO SALE DATE $88.83 ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: MARCH 13, 2002 REQUESTING PARTY: CURTIS R. LONG Prothonotary, Civil Division By: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale #49 On March 14, 2002 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 18 East Portland Street, Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2002 By: J 6ALI LKJ? Real Estate Deputy ?a S _ IC7 1? l? 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News andlhg Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ? COPY / .....2::.. ??'"?? ? .......................................... SALE #49 Sworn to and subscribed before t s 17th da f M 002 A.D. REK EVU711 SALE No. 49 Wm 80.1002-M Notarial seal Terry L.RUSSpil,Notary Public NO ARY PUBLIC Harrisburg, Dauphin County Hismissift CMITarm to' likiessitsw by My commission Expires June 6, 2002 Y commission expires June 6, 2002 "row Beneplus Mat01, Corp, Member, Penns* I a f CTVOMGbb?* SHERIFFS OFFICE CUMBER T COURTHOUSE N?Loon PNdW CARLISLE, PA. 17013 nBSCR?DO ALL AT he frume house and for U of ground situate on the Sadb aide of f Eat portmM Statement of Advertising Costs Shot, rl h Borough of Mechanicsburg, of Cumberland, and Stye of Permsy4va hounded and o THE PATRIOT-NEWS CO. , Dr. described a follows, to wit BEGINNING at a point on the southady aide of E For publishing the notice or publication attached . Portland Street; which point is 151.2 feet in a hereto on the above stated dates $ 230 40 weesdy direction from the southwest comer of E. Portland Street and Arch Street them South 10 . Probating same Notary Fee(s) $ 1 75 'degrees 4 minutes 56 seconds East, a chum of . Total $ 232 15 160.50 fed to a pin on Creamery Alley; fhmo, . South 79 degrees 30 minutes West a distance of 21.50 fed to a concrete nail thecee Norm 10 Publisher's Recei pt for Advertising Cost degr 3 minutesWest, aaamnaeof16050fmto Pu 79 ,degrees a pi g ; t blisher of The Patriot-News and The Sunday Patriot-New 22.67 f point e end piece of' BEGINNING. s, a receipt of the aforesaid notice and publication costs and certifies that the same have HAVING THEREON erected a 2 1n may frame dwelling base known as 15 Eat Poniard Saeet Mxharksburg, Pennsylvania 17055. BEING THE same premises which Lucie S. Clark By ................ by deed dated I M28194 and recorded 1113094 in .................................................... Decd Book 115 Pogo 491 granted andcomeyed unto Gregg R Rohrbaugh. ' TO BE SOLD a the Property of Gregg E. Rohdmgh on Judgment No.200211024o Civil. PARCEL No.: 18-22-0519L065. 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: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 ?nLO?tIJS E. SNIT,-FZ„ pPuW M? C-orri3ission ,{ da3 iii 5, REAL ESTATE SALE NO. 49 Writ N,). 2002 210 i:ivi= Ilonreside l,(,irdiug lilt . Successor by merger to Bancplus Mortgage G), Gregg 1::. Hohrbatigh Attv. ls,on P. Haller ALL Tf IA`i- C F'RTAIN Iranre house and lot of ground situate on the South side of East Portland Strect. in the Borough oC Mechanicsburg. Countv of Cumberland. and State of Pennsylvania bounded and do scribed as follows, to evil: BEGINNING at a point mi the southerly side of I•;. Portland Street, which point is 18L2 feet in a west erly direction troll) the southwest corner of E. Portland Street and Arch Street thence South 10 de green 4 rnirinles 56 seconds Fast. a distance o1' 1E10.50 feet to i pin (;n C: ,arnery .itlr 7SI degrees 30 minutes West. a distar)ec of 21.50 feet to a concrete trail thence North 10 degrecs 30 min sites West. <r distilled of 160.50 1ix,? to a pin: them(, North 79 degrees 3o minutes East i distance of 22 .67 feet to a point and place of HE GINNING. HAVING 'lI1ERli()N ENEC f1-l) 2 1/2 story franx° dwelling house known as IH Fast Portland Street Mechauicshurg Pcnnsvlvani:i 17055. BEING THE SAME PREMISES WHICH Lucie S. Clark by deed dated 11/28/94 and recorded 11,30/94 in Decd Book 115 Page, 4() 1 grarue, and conveyed unto Gregg E. Rohr Baugh. -fO BE SOLD AS 'fRE' PROPER -I-y CSI.- GREGG I". ROHRBAUGH ON JUDGMENT NO. 2002 00240 CIVIL. PARCEL: 18-22-0519 065. c' CD c j OD L) 71 r-r- w 1 rn ul e