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HomeMy WebLinkAbout02-2507FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. RANDY L. SCHRINER RUSTINA L. SCHRINER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE X* .0.2 - ,? 5-0 17 & T11 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: ST 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 FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. RANDY L. SCHRINER RUSTINA L. SCHRINER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL,KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. RANDY L. SCHRINER RUSTINA L. SCHRINER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 726, oa• 2-5'07 ez?,a T?, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust'), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 NORTH FRONT STREET, P.O. BOX 8028, HARRISBURG, PENNSYLVANIA 17105-8028. 2. Defendant, RANDY L. SCHRINER, is an adult individual whose last known address is 429 HUMMEL AVENUE, LEMOYNE, PENNSYLVANIA 17043. Defendant, RUSTINA L. SCHRINER, is an adult individual whose last known address is 429 HUMMEL AVENUE, LEMOYNE, PENNSYLVANIA 17043. 3. On or about, June 20, 1997, the said Defendants executed and delivered a Promissory Note ("Note") in favor of GMAC MORTGAGE CORPORATION ("Original Mortgagee") in the amount of $74,000.00, the proceeds of which were used to purchase a residential property located at 429 HUMMEL AVENUE, LEMOYNE, PENNSYLVANIA 17043. A copy of the Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1389, Page 84 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to First Union National Bank, Trustee for Pennsylvania Housing Finance Agency and was sent for recording. Said Mortgage and Assignment are incorporated herein. 5. The land subject to the Mortgage is: 429 HUMMEL AVENUE, LEMOYNE, PENNSYLVANIA 17043 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on December 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $14.70 per day From 11/01/2001 To 06/01/2002 (based on contract rate of 7.5000%) Accumulated Late Charges Late Charges $25.87 From 12/01/2001 to 06/01/2002 Escrow Balance (Deficit) Attorney's Fee at 5% of Principal Balance TOTAL $70,551.97 $3,116.40 $129.35 $155.22 $489.44 $3,527.60 $77,969.98 "Together with interest at the per diem rate noted above after June 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 foreclosure 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. n o --5 C Fj _, Z G , • S l.. C .. rn 31 7 Y tl} ? 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Pennsylvania Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.5000% ($14.70 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs S e d for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLE Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) unwunmau?Al?illhntlllllllildllll ' ' NOTE LOAN NO: 461122400 June 20, 1997 Harrisburg Pennsylvania IOaal Igtyl Iswq 429 Hummel Avenue, Lemoyne, PA 17043 IPmpaty A .l 1. BORROWER'S PROMISE TO PAY In return fora loan that I have received, I promise m Pty U.S. S 74, 000.00 ?Pr?Pal'), Plus h uMMU, m the order of dw Lender. The Leader is (pats ammunt is called QMC Mortgage Corporation I understand that the [.antler tnay transfer this Note. The Leader or anyone who takes this Note by transfer and who is entitled?m r?T payments under this Note is called di: 'Note Hold".' Interest will be charged on unpaid principal until the fall annum of principal has been paid. I will pay interest at a yearly rate of 7.500 %. The interest rate required by this Section 2 isthe rate I will pay both before and after default described in Section 6B) of this Nom. 8°7' 3. PAYMENTS (A) Time and Place of Payments . I will pay principal ahd interest by making payments every month. I will make my monthly payments on the let day of each month beginning on August 1997 . Iwill make these payments every month until I lave paid all of the principal and interest and any other charges described below that I may owe under this Nom. My monthly payments will be applied m interest before principal, If, on July 1 , 2027 , I still owe amounts under this Now, I will pay those amounts in full on that due, which is called the'Maturity Trite.' I will make mymonthly Payments at 100 Witmer Road, P.O. Box 963, Horsham, PA 19044 or a a different lace if B) Amount of Monthly Payments P required by the Now Holder. My monthly payment will be in t e amount of U.S. t. 517.42 4. BORROWER'S RIGHT TO PREPAY knownh ae the right m make payments of principal a any rime before they are due. A payment of principal only is Prepayment.' When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full Prepayment or partial prepayments without paying any Prepayment charge. The Now Holder will use all of my Prepayments m reduce the amount of principal that I owe under this Note. If I make a partial Prepayment, there wBi be ao changes in the due dam or in the amount of my monthly payment unless the Note Holder agrees in writing m those changes. S. LOAN CHARGES H a law, which applies m this loan and which sets maximum loss charges, is finally interpreted so that the interest or other Ion charges collected or to be collected in connection with this loan exceed the permitted limits, dam (i) any such loan charge shall be reduced by the amount necessary to reduce the charge m the permitted limit: and (ii) any sums . already collected from me which exceeded permitted limits will be refunded to me. The Now Holder may choose m make this refund by reducing the principal I owe under this Now or by making a direct payment to me. If a refund reduces principal, the reduction will be heated av a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lam Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a law charge to the Now Holder. The amotmt of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this law charge promptly but only once on each late payment. B) Default If I do not pay the full amount of each monthly payment on die dew it is due, I will be in default. (C) Notice of Default If I sm in default, rite Now Holder may and me a written mdse telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me m pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be st least 30 days after the date on which the notice is delivered or mailed m me. B) No Waiver By Note Holder Even if, at a time when i sot in default, the Note Holder does rat require me m pay immediately in full as described above, the Note Holder will still have the right w do m HI am in default u a later time. - B) Payment of Note Holder's Costs and Expetw If the Note Holder has requited me m pay immediately in full M described above, the Note Holder will have the right m be paid back by me for all of its costs and expenses in enforcing this Note m the extent rat prohibited by applicable law. Those expenses include, for example, reswoable allomys' fees. 7. GIYRIG OF NOTICES Unless applicable law requires a different medmd, any notice That most be gives m me under this Note will be given by delivering it or by mailins it by 6su class mail m me at the Property Address above m at a different address if I give the Note Holder a notice of my different address. MULTISTATE RXED RATE NOTE - sinalo FrMy- Fraaa M.NFnadb Mac Una. Mowt?t OMACM - CUM.o061.Fm 1M 1 Fps 1 e, 2 Font 3200 12/8.7 aaa.u:N(?S 1<y 25972526 O H I VIT ,t ,n-a LOAN NO: 461122400 Any notice that must be given to the Now Holder under this Now will be given by mailing it by rust class mail to the Now Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Now, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Now is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Now. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This memo that any ono of us may W required to pay ail of the amounts owed under this Now. 9. WAIVERS 7 . I and my other person who has obligations under this Now waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Now Holder to demand payment of amounts due. 'Notice of dishonor' means the right to require the Nom Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to ten protections given to the Nom Holder under Nis Note, a Mortgage, Deed of Trust or Security Deed (the 'Security Instrument') dated the same date as this Now, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Now. Some of those conditions ate described as; follows; Transfer of the Property or a Beneficial Interest in Borrower. If all or my part of the Property or my interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Leader may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, Nis option shall not be exemised by Leader if exercise is prohibited by federal law as of the date of this Security Instrument. If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Iess than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, leader may invoke my remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. PAY TO THE ORDER Ot WITHOUT RECOURSE GMAC MORTGAGE CORPORATION hCY T DATE f y 9 (Seal) -Bartow. (Sign Original Only? A widwur M. M w e6e Mellon Bak. N.A.. a Sumemr Trusw ae0er a TZ bdeawro d the Pec??aa•,,yy eb Hoalry F'benm Aseocy rLrN as d April 1 ax' yaBIAC lwxw cop sdw Tide GUAM - CNM.0061.RX Jw j Pp 2.f 2 >SeR ? 13 2 / ,=i Randyrn., schrlner (seal) -BER . Tt.tC?' .? C A n ,yrs HueCrna L. Schriner (SeM) -Bartow. _ (Seal) -Bartow. Foe. 3200 12183 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Hummel Avenue, said point being by same measured in a Northeasterly direction 155.0 feet from the Northeast corner of Hummel Avenue and Fifth Street, formerly Clinton Street; THENCE North 28 degrees 30 minutes West along the Eastern line of lands now or formerly F. P. Smith, a distance of 150.0 feet to a P.K. nail on the Southern line of Apple Alley; THENCE, North 61 degrees 30 minutes East along said southern line of Apple Alley a distance of 17.50 feet to a P.K. Nail; THENCE South 28 degrees 30 minutes East along the western line of lands now or formerly of T. K. Klugh, and being through the center line of a partition wall and beyond, a distance of 250.0 feet to a drill hole on the Northern line of Hummel Avenue; THENCE, South 61 degrees 30 minutes West along said Northern line of Hummel Avenue, a distance of 17.50 feet to a hub, the point and place of BEGINNING. BEING part of Lot No. 84, Section "C", Plan No. 1, Riverton, recorded in the office of the Recorder of Deeds in and for the County of Cumberland in Deed Book "J", Volume 4, Page 40. HAVING thereon erected a three story brick dwelling and detached one story frame garage known and numbered as No. 429 Hummel Avenue. BEING the Same premises which Frank W. Stiles and Donna L. Stiles, his wife, by Indenture dated April 18, 1978 and recorded at Carlisle in the County of Cumberland on April 19,1978 in Deed Book T-27, page 61, granted and conveyed unto Robert J. Krone and Victoria A. Durb?row, now known as Victoria A. Krone, in fee. .1 1 s BOOK1389 FAG6 90 VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Donald J. Plunkett Assistant Executive Director for Single Family Programs Date: 2t`OZ aC. _ ?.... •. Wit'\ ? W O ?t P , L ; f 3 O v 1 G SHERIFF'S RETURN - REGULAR CASE NO: 2002-02507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS SCHRINER RANDY L ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHRINER RANDY L the DEFENDANT , at 1941:00 HOURS, on the 4th day of June 2002 at 1112 COLUMBUS AVENUE APT 2 LEMOYNE, PA 17043 by handing to RUSTINA L SCHRINER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. 429 HUMMEL AVENUE, LEMOYNE IS VACANT. PER DEFENDANT, KEYS WERE TURNED OVER TO BANK. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this day of («., o2oy.L A. D. Prothonotary So Answers: R. Thomas Kline/// 06/05/2002 PURCELL KRUG HALLER By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-02507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS SCHRINER RANDY L ET AL HAROLD WEARY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHRINER RUSTINA L the DEFENDANT , Sheriff or Deputy Sheriff of , at 1941:00 HOURS, on the 4th day of June , 2002 at 1112 COLUMBUS AVENUE APT 2 LEMOYNE. PA 17043 RUSTINA L SCHRINER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments 429 HUMMEL AVENUE LEMOYNE IS VACANT. PER DEFENDANT, KEYS WERE TURNED OVER TO BANK. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this Jo day of 1?. 2bo J A. D. i othonotary s : So Answwer ? R. Thomas Kline 06/05/2002 PURCELL KRUG HALLER By: tz? Deputy Sheri f FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff NO. 02-2507 CIVIL TERM Vs. RANDY L. SCHRINER AND RUSTINA CIVIL ACTION - LAW - L. SCHRINER IN MORTGAGE FORECLOSURE Defendants 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 Defendants Randy L. Schriner and Rustina L. Schriner 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 $70,551.97 Interest $ 3,116.40 (Per diem of $14.70 from 11/1/01 to 6/1/02) Accumulated late charges and Late charges $ 284.57 ($25.87 per month to 6/02) Escrow Deficit $ 489.44 5$ Attorney's Commission $ 3,527.60 TOTAL $77,969.98** ** Together with additional interest at the per diem rate indicated above from June 1, 2002, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By Leo3a P aller PA I.D. # 700 171 North Front Street Harrisburg, PA 17102 (717) 234-4178 FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff Vs. RANDY L. SCHRINER AND RUSTINA L. SCHRINER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 02-2507 CIVIL TERM CIVIL ACTION - LAW - 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. FALLER, 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 slin cribed : before me this day : of, )t i7tt-k4? k4 200 LEON LER, ESQUI NOTARIAL SEAL ANGELA J. GLASS, Notary Public City of Harrisburg Dauphin County My Commission Expires May 12, 2003 FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff NO. 02-2507 CIVIL TERM Vs. RANDY L. SCHRINER AND RUSTINA CIVIL ACTION - LAW - L. SCHRINER IN MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE I hereby certify that on June 26, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. PURCELL, KRUG & BY. Leos-i?. Haller PA I.D/ #15700 4ttorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 Dated: September 10, 2002 FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. RANDY L. SCHRINER AND RUSTINA L. SCHRINER Defendant DATE OF THIS NOTICE: June 26, 2002 TO: RANDY L. SCHRINER 1112 COLUMBUS AVENUE?Iql(2t o' LEMOYNE, PA 17043 RUSTINA L. SCHRINER 1112 COLUMBUS AVENUE LEMOYNE, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2507 CIVIL TERM 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. MPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 ff 1. . # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 PURCELL, KRUG & By LEO LER, Attorney for P inti T1 , p 1Jyn'? Q_'' 1 N Zd Ad w, CJ ra - Y in T C' ' ? FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff NO. 02-2507 CIVIL TERM VS. RANDY L. SCHRINER AND RUSTINA CIVIL ACTION - LAW - L. SCHRINER IN MORTGAGE FORECLOSURE Defendants PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 429 Hummel Avenue, Lemoyne, PA 17043 as follows: Amount due pursuant to Judgment Interest (Per diem of $14.70 from 6/1/02 to 12/4/02) Late Charges at $25.87 (6/02 to 12/02) Property Inspection Escrow deficit TOTAL WRIT $77,969.98 ? $ 2,734.20 $ 155.22 $ 392.00 $ 1,249.12 $82,500.52** ** Together with any additional interest, charges and costs to the date of Sheriff's Sale. ---111 BY. CEO LER I.D. #15700 EY FOR PLAINTIFF 19 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: September 10, 2002 Attached is a description of the real estate. A ? d r iv n l l LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hummel Avenue, said point being by same measured in a northeasterly direction 155.0 feet from the northeast corner of Hummel Avenue and Fiftlt Street, formerly Clinton Street; thence North 28 degrees 30 minutes West along the eastern line of lands now or formerly F.P. Smith, a distance of 150.0 feet to a P.K. nail on the southern line of Apple Alley; thence, North 61 degrees 30 minutes East along said southern line of Apple Alley a distance of 17.50 feet to a P.K. nail; thence South 28 degrees 30 minutes East along the western line of lands now or formerly of T.K. Klugh, and being through the center line of a partition wall and beyond, a distance of 150.0 feet to a drill hole on the northern line of Hummel Avenue; thence, South 61 degrees 30 minutes West along said northern line of Hummel Avenue, a distance of 17.50 feet to a hub, the point and place of BEGINNING. BEING part of Lot No. 84, Section "C", Plan No. 1, Riverton, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 4, Page 40. -. HAVING THEREON ERECTED A DWELLING KNOWN AS 429 Hummel Avenue, Lemoyne, Pennsylvania BEING THE SAME PREMISES which Robert J. Krone and Victoria A. Krone, formerly known as Victoria A. Durborow, by Deed dated June 20, 1997 and recorded June 23, 1997 in Deed Book 159, Page 900, granted and conveyed unto Randy L. Schriner and Rustina L. Schriner. TO BE SOLD AS THE PROPERTY OF RANDY L. SCHRINER AND RUSTINA L. SCHRINER UNDER JUDGMENT NO. 2002-2507 CIVIL TERM PARCEL NO. 12-21-0265-236 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2507 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From RANDY L. SCHRINER AND RUSTINA L. SCHRINER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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$77,969.98 L.L.$.50 Interest (PER DIEM OF $14.70 FROM6/1/02 TO 12/4/02) $2,734.20 Late charges at $25.87 (6/02 to 12/02) $155.22 Property Inspection $392.00 Atty's Comm % Due Prothy $1.00 Arty Paid $126.35 Other CostsEscrow deficit $1,249.12 Plaintiff Paid Date: September 11, 2002 Together with any additional interest, charges and costs to the date of Sheriff's Sale. CURTIS R. LONG Prothonotary (Seal) By: 7PPBi oSC?% Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff NO. 02-2507 CIVIL TERM VS. RANDY L. SCHRINER AND RUSTINA CIVIL ACTION - LAW - L. SCHRINER IN MORTGAGE FORECLOSURE Defendants 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 429 Hummel Avenue, Lemoyne, PA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s): Randy L. Schriner 1112 Columbus Avenue, Apt. 12 Lemoyne, PA 17043 Rustina L. Schriner 1112 Columbus Avenue Lemoyne, PA 17043 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: Sears Roebuck & Company 45 Congress Street Salem, MA 01970 Charles J. Phillips, Esquire Berkshire Commons 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): TMS Mortgage, Inc. d/b/a The Money Store 1770 Tribute Road, Suite 100 Sacramento, CA 95815 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 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 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Le Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 10, 2002 FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff NO. 02-2507 CIVIL TERM VS. RANDY L. SCHRINER AND RUSTINA CIVIL ACTION - LAW - L. SCHRINER IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE:WEDNESDAY, DECEMBER 4, 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: 429 HUMMEL AVENUE, LEMOYNE, PA 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-2507-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: RANDY L. SCHRINER AND RUSTINA L. SCHRINER 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 RAS 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 Phone (717) 249-3166 800-990-9108 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 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hummel Avenue, said point being by sane measured in a northeasterly direction 155.0 feet from the northeast corner of Hummel Avenue and Fifth Street, formerly Clinton Street; thence North 28 degrees 30 minutes West along the eastern line of lands now or formerly F.P. Smith, a distance of 150.0 feet to a P.K. nail on the southern line of Apple Alley; thence, North 61 degrees 30 minutes East along said southern line of Apple Alley a distance of 17.50 feet to a P.K. nail; thence South 28 degrees 30 minutes East along the western line of lands now or formerly of T.K. Klugh, and being through the center line of a partition wall and beyond, a distance of 150.0 feet to a drill hole on the northern line of Hummel Avenue; thence, South 61 degrees 30 minutes West along said northern line of Hummel Avenue, a distance of 17.50 feet to a hub, the point and place of BEGINNING. BEING part of Lot No. 84, Section "C", Plan No. 1, Riverton, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 4, Page 40. HAVING THEREON ERECTED A DWELLING KNOWN AS 429 Hummel Avenue, Lemoyne, Pennsylvania BEING THE SAME PREMISES which Robert J. Krone and Victoria A. Krone, formerly known as Victoria A. Durborow, by Deed dated June 20, 1997 and recorded June 23, 1997 in Deed Book 159, Page 900, granted and conveyed unto Randy L. Schriner and Rustina L. Schriner. TO BE SOLD AS THE PROPERTY OF RANDY L. SCHRINER AND RUSTINA L. SCHRINER UNDER JUDGMENT NO. 2002-2507 CIVIL TERM PARCEL NO. 12-21-0265-236 ca ?-: c r?.., -- ,? -;' ? _, ' n-.?:.-.. % -?? ? [" cal-- _._ r -?.; ? ?' C.. .. -S .J FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. RANDY L. SCHRINER AND RUSTINA L. SCHRINER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 02-2507 CIVIL TERM . CIVIL ACTION - LAW - . IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on q- ?7 Q 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: Randy L. Schriner 1112 Columbus Avenue, Apt. 12 Lemoyne, PA 17043 Rustina L. Schriner 1112 Columbus Avenue Lemoyne, PA 17043 Sears Roebuck & Company 45 Congress Street Salem, MA 01970 Charles J. Phillips, Esquire Berkshire Commons 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 TMS Mortgage, Inc. d/b/a The Money Store 1770 Tribute Road, Suite 100 Sacramento, CA 95815 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 LAW_OFFICES PURCELL, KRUGANDHALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LEON P. HALLER JOHN W.PURCELLJR. BRIAN J. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Randy L. Schriner 1112 Columbus Avenue, Apt. 12 Lemoyne, PA 17043 Rustina L. Schriner 1112 Columbus Avenue Lemoyne, PA 17043 Sears Roebuck & Company 45 Congress Street Salem, MA 01970 Charles J. Phillips, Esquire Berkshire Commons 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 TMS Mortgage, Inc. d/b/a The Money Store 1770 Tribute Road, Suite 100 Sacramento, CA 95815 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 JOSEPH NISSLEY(1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD 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, notified of said Sheriff's Sale. By: Leon P er PA I.D.1570 Attzrrney for Plaintiff FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. RANDY L. SCHRINER AND RUSTINA L. SCHRINER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2507 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE:WEDNESDAY, DECEMBER 4, 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: 429 HUNMEL AVENUE, LEMOYNE, PA 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: is: 2002-2507-CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property RANDY L. SCHRINER AND RUSTINA L. SCHRINER 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 Phone (717) 249-3166 800-990-9108 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 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hummel Avenue, said point being by same measured in a northeasterly direction 155.0 feet from the northeast corner of Hummel Avenue and Fifth Street, formerly Clinton Street; thence North 28 degrees 30 minutes West along the eastern line of lands now or formerly F.P. Smith, a distance of 150.0 feet to a P.K. nail on the southern line of Apple Alley; thence, North 61 degrees 30 minutes East along said southern line of Apple Alley a distance of 17.50 feet to a P.K. nail; thence South 28 degrees 30 minutes East along the western line of lands now or formerly of T.K. Klugh, and being through the center line of a partition wall and beyond, a distance of 150.0 feet to a drill hole on the northern line of Hummel Avenue; thence, South 61 degrees 30 minutes West along said northern line of Hummel Avenue, a distance of 17.50 feet to a hub, the point and place of BEGINNING. BEING part of Lot No. 84, Section "C", Plan No. 1, Riverton, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 4, Page 40. HAVING THEREON ERECTED A DWELLING KNOWN AS 429 Hummel Avenue, Lemoyne, Pennsylvania BEING THE SAME PREMISES which Robert J. Krone and Victoria A. Krone, formerly known as Victoria A. Durborow, by Deed dated June 20, 1997 and recorded June 23, 1997 in Deed Book 159, Page 900, granted and conveyed unto Randy L. Schriner and Rustina L. Schriner. TO BE SOLD AS THE PROPERTY OF RANDY L. SCHRINER AND RUSTINA L. SCHRINER UNDER JMGMENT NO. 2002-2507 CIVIL TERM PARCEL NO. 12-21-0265-236 PHFA v. Schriner Cumberland County sale 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Randy L. Schriner 1112 Columbus Avenue, Apt. 12 Lemoyne, PA 17043 U. S. POSTAL SERVICE CERTIFICATE OF MAILING ¢n 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: Rustina L. Schriner 1112 Columbus Avenue Lemoyne, PA 17043 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an 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: Sears Roebuck & Company 45 Congress Street Salem, MA 01970 Postmark: !ice F \? ? a Jr. - .I c 1 .. j« f PHFA v. Schriner Cumberland County sale 12/4/02 U. S. POSTAL SERVICE G CERTIFICATE OF MAILIN (In compliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Charles J. Phillips, Esquire Berkshire Commons 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an 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: TMS Mortgage, Inc. d/b/a The Money Store 1770 Tribute Road, Suite 100 Sacramento, CA 95815 U. S. POSTAL SERVICE G CERTIFICATE OF MAILIN an compliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 PHFA v. Schriner Cumberland County sale 12/4/02 U. S. POSTAL SERVICE G CERTIFICATE OF MAILIN (In compliance with Postal Service Form 38TH Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 cr J. Ci ??. ' ,. :? 1 y ! . ? i ? • ' ? _` lT? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which achovia Bank N A tr for Pennsylvania Houseing Fin Agency is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 11th day of Sept, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 2507, at the suit of (First Union National bank Tr for Pennsylvania Housing Fin Agency against Randy L Schriner & Rustina L is duly recorded in Sheriff's Deed Book No. 255, Page 1269. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 3 A.D. 2001 Records of Deeds, Cumberland County, Cadlsle, PA v Recorder of Deeds My Commission Expires the First Monday of Jan. 2006 First Union National Bank Trustee for In The Court of Common Pleas of Pennsylvania Housing Finance Agency Cumberland County, Pennsylvania VS Writ No. 2002-2507 Civil Tenn Randy L. Schriner and Rustina L. Schriner Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2002 at 7:08 o'clock PM, 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: Randy L. Schriner, by making known unto Rustina Schriner, adult in charge of defendant's residence, at 1112 Columbus Ave., Apt. #1, Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2002 at 7:08 o'clock PM, 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: Rustina L. Schriner, by making known unto Rustina Schriner, at 1112 Columbus Ave., Apt. #1, Lemoyne, 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 October 2, 2002 at 3:40 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randy L. Schriner and Rustina L. Schriner located at 429 Hummel Ave., Lemoyne, 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: Randy L. Schriner, by regular mail to his last known address of 1112 Columbus Ave., Apt. #1, Lemoyne, PA 17043. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Rustina L. Schriner, by regular mail to her last known address of 1112 Columbus Ave., Apt. #1, Lemoyne, PA 17043. This letter was mailed under the date of October 2, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Wachovia Bank, National Association f/k/a First Union National Bank as Trustee for Pennsylvania Housing Finance Agency. It being the highest bid and best price received for the same, Wachovia Bank, National Association f/k/a First Union National Bank as Trustee for Pennsylvania Housing Finance Agency of 2101 North Front Street, Harrisburg, PA 17110, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $953.53, it being costs. Sheriffs Costs: Docketing 30.00 Poundage 18.70 Posting Bills 15.00 Advertising 15.00 Acknowledging D eed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Certified Mail 3.55 Levy 15.00 Surcharge 30.00 Law Journal 363.05 Patriot News 308.95 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 953.53 Sworn and Subscribed to Before Me This ' D Day o 2001, A.D.' r thonotary So Ans.(w,we'rds: R. Thomas Kline, Sheriff BY Real Estate eputy A6"16- Gu 36 OD 3923/ ?7u? 1-33y q/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2507 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From RANDY L. SCHRINER AND RUSTINA L. SCHRINER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED 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$77,969.98 L.L.$.50 Interest (PER DIEM OF $14.70 FROM6/1/02 TO 12/4/02) $2,734.20 Late charges at $25.87 (6/02 to 12/02) $155.22 Property Inspection $392.00 Atty's Comm % Due Prothy $1.00 Atty Paid $126.35 Other CostsEscrow deficit $1,249.12 Plaintiff Paid Date: September 11, 2002 Together with any additional interest, charges and costs to the date of Sheriffs Sale. CURTIS R. LONG Prothonotary (Seal) By: ?.le Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 35 On September 16, 2002 the sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA known and numbered as 429 Hummel Ave., Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 16, 2002 By:.?e Real Estate Deputy Y , _.N W? 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 and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 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 SALE #35 REAL ESTATE SALE No. 35 Writ No. 2002-2507 Civil Term First Union National Bank Trustee for Pennsylvania Housing Finance Agency vs Randy L. Schriner and Rustina L. Schriner Atty: Leon P. Haller LEGAL DESCRIPTION ALL that,certain piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and Commpnwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Hummel Avenue, said point being by same measured in a northeasterly direction 155.0 feet from th ?y ............................. .................... Sworn to and subscribed before 14th day f No r ? 2002 A.D. Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County NOTARY PUBLIC My Commission Expires June 6, 2006 Member, Pennsylvania Association Of Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 307.20 Probating same Notary Fee(s) $ 1.75 Total $ 308.95 e northeast comer of publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... Hummel Avenue and Fifth Street, formerly Clinton Street; thence North 28 degrees 30 minutes West along the eastern line of lands now or formerly F. P. Smith, a distance of 150.0 feet to a P. K. nail on the southern line of Apple Alley; thence, North 61 degrees 34. minutes East along said southern line of Apple Alley a distance of 17.50 feet to a 0. K. nail; thence South 28 degrees 30 minutes East along the western line of lands now or formerly of T. K. Klugh, and being through the center line of a partition wall and beyond, a distance of 150.0 feet to a drill hole on the northern line of Hummel Avenue; thence, South 61 degrees 30 minutes West along said northern line of Hummel Avenue, a distance of 17.50 feet to a hub, the point and place of BEGINNING. BEING part of Lot No. 84, Section "C", Plan No-1, Riverton, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 4, Page 40. HAVING THEREON ERECTED A DWELLING KNOWN AS 429 Hummel Avenue, Lemoyne, Pennsylvania. BEING THE SAME PREMISES which Robert J. Krone and Victoria A. Krone, formerly known as Victoria A. Durborow, by Deed dated June 20, 1997 and recorded June 23, 1997 in Deed Book 159, Page 900, granted and. conveyed unto Randy L. Schriner and Rustina L. Schriner. TO BE SOLD AS THE PROPERTY OF Randy L. Schriner and Rustina L. Schriner under Judgment No. 2002-2507 Civil Term. PARCEL NO. 12-21-0265-236. 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 January2, 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: OCTOBER 25, NOVEMBER 1, 8, 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. REAL ESTATE SALE NO. 38 Writ No. 2002-2507 Civil First Union National Bank Trustee for Pennsylvania Housing Finance Agency RO r M. Morgenthal, Editor VS. Randy L. Schriner and SWORN TO AND SUBSCRI13ED before me this Rustina L. Schriner Atty.: Leon P. Haller Z5 day of NOVEMBER, 2002 LEGAL DESCRIPTION ALL that certain piece or parcel land situate in the Borough of Le- moyne, County of Cumberland and d JJ Commonwealth of Pennsylvania, more particularly bounded and de- ly scribed as follows, to wit: BEGINNING at a point on the lOM E. ShlYDER, 1'?0? PLbk northern line of Hummel Avenue, ,, ?'IsI".ar$'+l? MV said point being by same measured a ?) in a northeasterly direction 155.0 feet from the northeast corner of Hummel Avenue and Fifth Street, formerly Clinton Street; thence North 28 degrees 30 minutes West along the eastern line of lands now or formerly F.P. Smith, a distance of 150.0 feet to a P.K. nail on the southern line of Apple Alley; thence, North 61 degrees 30 minutes East along said southern line of Apple Alley a distance of 17.50 feet to a P.K. nail; thence South 28 degrees 30 minutes East along the western line of lands now or formerly of T.K. Klugh, and being through the cen- ter line of a partition wall and be- yond, a distance of 150.0 feet to a drill hole on the northern line of Hummel Avenue; thence, South 61 degrees 30 minutes West along said northern line of Hummel Avenue, a distance of 17.50 feet to a hub, the point and place of BEGINNING. BEING part of Lot No. 84, Sec- tion "C". Plan No. 1, Riverton, record- ed in the office of the Recorder of Deeds in and for Cumberland Coun- ty, Pennsylvania, in Deed Book "J", Volume 4, Page 40. HAVING THEREON ERECTED A DWELLING KNOWN AS 429 Hummel Avenue, Lemoyne, Penn- sylvania. BEING THE SAME PREMISES which Robert J. Krone and Victoria A. Krone, formerly known as Vic- toria A. Durborow, by Deed dated June 20, 1997 and recorded June 23, 1997 in Deed Book 159, Page 900, granted and conveyed unto Randy L. Schriner and Rustina L. Schriner. TO BE SOLD AS THE PROP- ERTY OF RANDY L. SCHRINER AND RUSTINA L. SCHRINER UN- DER JUDGMENT NO. 2002-2507 CIVIL TERM. PARCEL NO. 12-21-0265-236. ?S