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Home My WebLink About02-3783EARL B. LEBO MARLENE K. LEBO Plaintiffs TIMOTHY M. SCHENK HEATHER L, SCHENK Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHT~ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 EARL B. LEBO MARLENE K. LEBO TIMOTHY M, HEATHER L, Plaintiffs Vo SCHENK SCHENK Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE FORECLOSURE Le hen demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en law paginas siguien~es, uated t£ene vlents (20) dims de plazo al partirde la fecha de la demands y la notification. Us~ed debs presenter cna apariencia escrita o mn persona o pot obogado ¥ archivar mn la corse an Zormaascrita sue defenses o sus objectiones a las dsmandas en contra de su persona. Sea avisado qua si usted no e'e dafiende, la corte tomara medidas ¥ puede entrar cna orden contra usted sin previo av£so o notificacion y pot cualquier queJa o alivio qua es pedido en la peticion de demands. Usted puede perder dinero o scs propiedadss o otros derschos importances para ustad. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DR PAGAR TAL SERVICIO, VAYA EN P~RSONA O LLAME POR TEL£FONO A LA OFICINA CUYA DIRECCION SE ENCUEN'iRA EXCRITA ABAJO PARA AVERIGUAR DONDE SE PU~DE CONSEGUI~R ASI$1~NCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 EARL B. LEBO MARLENE K. LEBO Plaintiffs TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW MORTGAGE FORECLOSURE NOTICE THE FOLLOWING NOTICE IS BEING PROVIDED TO EACH AND EVERy INDIVIDUAL NAMED AS A DEFENDANT IN THIS COMPLAINT PURSUANT TO THE PROVISIONs OF THE FAIR DEBT COLLECTION PRACTICES ACT - 15 U.S.C. § 1601, et seq. THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR AND THIS COMPLAINT IS AN ATTEMPT TO COLLECT A DEBT OWED TO THE PLAINTIFFS, AND ANy INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. THE AMOUNT OF THE DEBT IS STATED IN THE COMPLAINT. IF ~ DEBTOR NAMED IN THIS COMPLAINT NOTIFIES THE UNDERSIGNED ATTORNEy WITHIN THIRTY (30) DAYS FROM RECEIPT OF THIS NOTICE, THAT THE DEBTOR DISPUTEs THE DEBT OR ANY PORTION THEREOF, THE UNDERSIGNED ATTORNEY WILL PROVIDE THE DEBTOR WITH WRITTEN VERIFICATION OF THE DEBT. THE PLAINTIFFS ARE THE CREDITORS TO WHOM THE DEBT IS OWED. IF ANy DEBTOR NAMED IN THIS COMPLAINT MAKEs REQUEST TO THE UNDERSIGNED ATTORNEY WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIs NOTICE, THE UNDERSINGED ATTORNEy WILL PROVIDE THE DEBTOR WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF THAT CREDITOR IS DIFFERENT FROM THE PLAINTIFFS NAMED IN THIS COMPLAINT. THE DEBTORS ARE THE INDIVIDUALs NAMED AS DEFENDANTS IN THIS COMPLAINT. IF NO DEBTOR NAMED DISPUTES THE DEBT OR REQUESTS INFORMATION AS STATED ABOVE, THE UNDERSIGNED ATTORNEy WILL ASSUME THAT THE DEBT IS VALID. IF A REQUEST FOR PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IS RECEIVED BY THE UNDERSIGNED ATTORNEY, EFFORTs TO PROCEED WITH THIS FORECLOSURE ACTION WILL CEASE UNTIL THE REQUESTED INFORMATION IS MAILED. IF ANY DEBTOR HAs PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND DID NOT REAFFIRM THIS DEBT, THIS COMPLAINT SHOULD BE CONSTRUED AS AN ATTEMPT TO ENFORCE A LIEN AGAINST PROPERTY AND NOT AN ATTEMP THE UNDERSIGNED ATTORNEY IS: T. TO C~ ATTORNEY FOR THE PLAINTIFFS ~-~-~-Z~~ SUP. CT. ID. 06350 P.O. BOX 314 MECHANIcsBuRG, PA 17055-0314 717-697-1918 EARL B. LEBO MARLENE K. LEBO TIMOTHY M. HEATHER L, Plaintiffs V. SCHENK SCHENK Defendants COURT OF COMMON PLEAS CUMBERIJ~D COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW MORTGAGE FORECLOSURE AND NOW COMES his wife, by their Attorney, ALBERT Z. BOGERT, ESQ., within Complaint in Mortgage Foreclosure as follows: 1. The Plaintiffs, EARL B. LEBO and MARLENE K. LEBO, his wife, are adult individuals who reside at 838 Fisher Road, MecNanicsburg, Cumberland County, PA 17055. 2. The Defendant, TIMOTHY M. SCHENK, is an adult individual whose last known address is 1210 Musket Lane, Mechanicsburg, Cumberland County, PA 17050. C_OMPLAINT the Plaintiffs, EARL B. LEBO and MARLENE K. LEBo, and files the 3. The Defendant, HEATHER L. SCHENK, is an adult individual whose last known address is 1210 Musket Lane, Mechanicsburg, Cumberland County, PA 17050. 4. The Defendants, TIMOTHY M. SCHENK and HEATHER L. SCHENK, his wife, are and have been the real owners of a tract or parcel of land with buildings and improvements thereon located in Monroe Township, Cumberland County, Pennsylvania ( the PREMISES ) as more particularly described in Exhibit "A" attached hereto and made part hereof. 5. On or about November 2, 1999 the Plaintiffs and the Defendants entered into an Agreement for Sale of Real Estate for the subject PREMISES, a part of the consideration for which the Plaintiffs agreed to accept a Bond and Mortgage in the face amount of Two Hundred Thousand ( $ 200,000.00 ) Dollars to secure the payment of to Plaintiffs by Defendants of that amount of the purchase price. 6. On or about November 15, 1999 the Defendants, TIMOTHY M. SCHENK and HEATHER L. SCHENK, his wife, executed and delivered to the Plaintiffs, EARL B. LEBO and MARLENE K. LEBO, his wife, a Bond in the principal amount of Two Hundred Thousand ( $ 200,000.00 ) Dollars ( the BOND ) requiring the payment of Interest on the Principal at the rate of eight ( 8% ). A true and correct copy of the BOND is attached hereto as Exhibit" B" and made part hereof. 7. The BOND obligates the Defendants to pay to the Plaintiffs the Principal and Interest in equal consecutive monthly installment payments of Two Thousand Four Hundred Twenty-seven and eight one-hundredths ( $2,427.08 ) Dollars for one hundred nineteen ( 119 ) consecutive months commencing December 15, 1999 and one final payment of Two Thousand Four Hundred Twenty-seven and seven-tenths ( $2,427.70 ) Dollars. 8. Ail payments due under the BOND are secured by a Mortgage on the PREMISES dated November 15, 1999 and delivered by the Defendants, SCHENK, his wife, as Mortgagors, ( the MORTGAGE ) executed, conveyed TIMOTHY M. SCHENK and HEATHER L. to the Plaintiffs, EARL B. LEBO and MARLENE K. LEBO, his wife, as Mortgagees; which MORTGAGE was recorded on November 16, 1999 in the Cumberland County Recorder of Deeds Office in Mortgage Book 1582, page 628. A true and correct copy of the MORTGAGE is attached hereto as Exhibit "C" and made part hereof. 9. The Defendants have failed or refused to pay the monthly payments due and payable on May 15, 2002 and thereafter, constituting a default of the terms and conditions of the BOND and the MORTGAGE. 10. The terms and conditions of the BOND and MORTGAGE provide that upon the default of the Defendants, the Plaintiffs may enforce and recover at once all sums due under the BOND and MORTGAGE together , commission of fifteen ( 15% ) of with costs of suit and an attorney s the principal due. 11. The sums due and payable to the Plaintiffs by the Defendants, SCHENK and HEATHER L. SCHENK, as of July 15, 2002 are: TIMOTHY M. (a) Unpaid Principal $165,152.25 $ 3,100..21 (b) Unpaid Interest (c) Attorney's Fees and Expenses $ 4,000.00 Total $172,252.46 12. The attorney's fees and expenses set forth above conform to the terms of the BOND and MORTGAGE and will be collected as part of the amount recovered in the event of a third party purchaser at the Sheriff's Sale. If the MORTGAGE is reinstated prior to Sheriff's Sale, then reasonable fees actually incurred will be recovered as part of the debt. 13. The MORTGAGE has not been assigned. WHEREFORE the Plaintiffs demand judgment against the Defendants, TIMOTHY M. SCHENK and HEATHER L. SCHENK, his wife, jointly and severally, in the sum of One Hundred Seventy Two Thousand Two Hundred Fifty Two Dollars and Forty Six CentS ($172,252.46) together with interest at the rate of eight (8%) per annum from July 15, 2002 and costs of this action, o and demands Foreclosure and Judicial Sale of the interest of the Defendants in the mortgaged pREMISES situate in Monroe Township, Cumberland County, pennsylvania which are more particularly described in Exhibit" A" attached to and made part of the foregoing Complaint. ALBERT Z. BoGERT, ESQ. Attorney for the plaintiffs Sup~ Ct. Id. No. 06350 p. O. Box 314 Mechanicsburg, PA 17055-0314 717-697-1918 VERIFICATION AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. We, EARL B. LEB0 and MARLENE K. LEBO, the Plaintiffs in the foregoing action in mortgage foreclosure verify that we have read the foregoing Complaint and the facts set forth therein are true and correct to the best of each of our knowledge, information and belief. We each understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. EARL B. LEBO MARLENE K. LEB0 EARL B. LEBO MARLENE K. LEBO Plaintiffs TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants COURT OF COMMON PLEAS CUMBE~D COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE MORTGAGED PREMISES At'.1. THAT Ct,RTAIN piece ur re'veal of land situ~qed in thc Township of Monroe, Coum.v or Cum~r-]'~n~l'~a' 'd C-o"~mo,wc~lth o P~'nnsylv~n a, more p,xrtlcul~l¥ bounded follow~: BEOINNI, N~ ut a point in 1!'~¢ center linc,of the_ Willl .a.,m.,~ Grove Ro~ (I.:R_, #2!0.t.7), ut othcr lnnds o~ thc Grantees; thcnce by thc. cel~t{r lin~ o[ thc Wlllh't~llS rOfOVe KOaO, dcgrccs 38 ~nmut~S 26 scconds West, a chstanc~ or I.,065,.8'/r:~t ,,o a point; thence by Isnds view or fonm:rly or Fr~mk B, and Dor.olh7 M. ~toncr (ur which th~s. wn~ · minutq:~ 12 second3 West, ~ d~slanc{ or 1,362:63 f¢~t to apm; ~hcnce by lands now or formerly of Oeorsc R, Eppley., North 40 de,gr? E. at, a .al!st?ncc of J?b,S,9.0 re.c? a po!nt_at othc~,la~ds or.m= 1,3.$5,90 f{,:t to a point, the plac~ of BEGINNINO, . CONTA[N~IO 33,2142 acres of l.nd in accordance wRh a,$urvey dated .lunuar7 20, 1986, by Gcrfit J, Betz, Rogist~rud Surveyor, BE]NO thc I~ame promises which Earl B, Lc,bo nn.d .Pa~l O, L,,~, bo,.c~-pa,n,!er% c?? by their dccd daed March 2 I, 199 I, and recorded in the O{'r~c~: ur ii~a ~ccor~r Cure.fiend Count~, Pcnn~yivm~i3, in ~d Book ':A", ~olu~35, Pail II 2,, ~rantcd nnd co, vczcd un[o ~l B. ~ ~d Marl~,c K. [~bo, m~ wa~a, mc urnntor~ nc. rem. EXHIBIT " A " · ' KNOW ALL MEN BY THESE PRESENTS. THAT TIMOTHY M. SCHENK and HEATHER L. SCHENK, his wife, Obligors are hel~ and fired hound unto EARl, B i,EBO and MARLENE K LEBO his wife, Obligees. in ~he sum of Two~-Iundred Thousand and no/100 ($2(X'L000.00) Dollars, lawful money of the Ummd States America. to be paid to the said Ob igccs, he r execu ors, administrator~ or assigns, ~o which well and Iml ~o ~ made do b nd them~lvcs their heirs, executors and admim~lru~ors. pa~n~_~ .... · ,~-~ firmly by these omscnts Sea ed with their ~a s. Dated the [~ TM day of ~g~ . A.D. 1999. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Obligors. ~hcir heirs executon or adm nistrators, or any of them, shall and do well and truly pay, or cause ~o ~ he said Obit ecs. the r exccu ors adm n stra ors or assigns the sum of Two Hundred [?d unlit. ~ ~ ~ ~ ars o ~ reda d toRether with interest the~on at Ihe rate of eight Two Thousand Four Hundred Twcmy-Scven and 08/l~ ($2.427.08) Do ars each and one ( ) momhiy paymem of Tw~housand Four Hu ~d Twenty-Seven and 7~1~ ($2,427.70), commcncino on the tS' ~ day of ~. A.D 1999 and continuing thereafter monthly . .h~ ~m~ate for~d not ~o exceed ten (i0) years from date hereof. (Obligors shall have the °%'i~;;'~;~;me~t at an~ me w hour ~nalty) withou~ any fraud or fu~ber delay; and a~ain~ ~he p~mi~ descried n the said ~on~age, as well as all lawful m~ni~ipal ct~im~ in~ludin~ ~h~rge~ whe~ber or no~ reduced 1o lien~, for paving, ~idewalks ~nd ~p~i~ the~to, ~ewer~, and water ~nt~ char~ed by any municipal y or any municipal amhori[y; and u~n demand [he~fo~ Obligors ~hall exh b ~ lo Obliges proof ~ceipts for such mxe~ and m~ni~ip~l claims, ~nd ~ha[ if Obli~or~ ne~ cci to ~y ~uch i~ei an~ mun c pa c a ms Obliges may pa~ ~he sam~ or any pa~ ~he~of and add [be amoral of amoum~ so paid, o~ ~he agg~gale ~he~of [o said principal sum and co[lec~ ~a~ with inle~ the~on in the m~nn~r provided in th l Bond; then th~ a~ve obligation ~o ~ void, or ~l~ ~o ~ and remain in f~ll force ~nd vi~ue, And the funbef condition of this obligation i~ ~uch, thai if al any time default sba ~ made in the payment of the principal ~bl or a~y in~tallmem Ihereof or inte~st, or additions Ihcmto as aforesaid, for thc space of thirty (30) days after any paymcm thereof sh fall due or if a breach of any other of the foregoing conditions ~ made by the said Ob igor, their heir, executors, administra ors or assigns. Ihen and in such c~. the said pri~ pa sha~ at the option of tbe said Ob gees, the r ex~utom ~ministrators or [~signs. ~ome due. and the pa~enl of the s~me, w th ntems[, and additions m afo~said, together with an allomey's commission of fifteen (5%) per cent on tbe said principal sum, ~si~s costs of suit, may ~ enfo~ ~d ~covemd at once, ~ything bemin combined 1o ~e comr~ ~emof in anywise notw thstandin$. And rubber, the Obligo~ do hereby em~wer any attorney of any cou~ of record of the Commonwea h of Pennsylvan a to ap~ar for them and with or without a ~claration filed in otr na~s, to confess a judg~m or judgments n favor of he a~ve.menti~ed Obtigee~. their execulo~, administrators, or ass gna. and agains hem for the ~nal sum of Two Hunt red Thousand and n~l ~ ($2~,~.~) Dollars with costs of suit. charges and atlomey's commission as al~msaid; on which judgment or judgments one or mom ex~utions may issue fo~hwiih u~n failure o comp y w th any of the terms and condi ions of this ~nd or said mo~gage. The undenigned hereby forever waives and m e~s a e~om in said pre,dings, waives stay of execulion tbe fighl of inquis [ on and extension of time of pa~nt, as~s lo condemnation of any pro~y levi~ upon by v ~ue of any such ex~ution, and wmves all exemptions from levy and sale of any pm~y that is or hereafter may ~ exempted by aw. IT IS SPECIFICALLY UNDERSTOOD THAT THIS IS A JOINT AND INDIVIDUAL OBLIGATION AND THAT THE MEANING OF THE SAME HAS BEEN EXPLAINED TO THE OBLIGORS AND IS UNDERSTOOD BY THEM, Il is express y underst~ by the pa~ies bemto hat Ob gors intend to eventually build a residence u~n the promises heroin mfe~ed to. It is also undento~ that Obligors may wish to erect or affix other slmctums upon or to the prom sea ~fom tbe building of the m~idence Ihemu~n. In the event any improvements am erected or fixtures affixed. Obligom mcogni~ that the ownership of the same ~o~ nco~orated into he ownership of the and and that such improvements and fixtures. upon a default an~or foreclosure or other like action, would ~ considered as pa~ and parcel of the mo~gaged promises. , ss I'urlhc~ expressly understood hat when Obligors am m~y [o commence building their ~idea~e, they will obtain other means of financing and pay ~e Obligees in fu . Signed, Sealed and Delivered in the Presence of: EXHIBIT " B " · J'l I S INDENTUR]~ MADE THE -~day of ~. in the year of our Lord one thousand nine hundred and ninaty-nine (1999). BETWEEN TIMOTHY M. SCHENK and HEATHER L. SCHENK, his wife, of Mechanicsburg, Cumberland County, Pennsylvania, Mortgagors AND EARL B, LEBo and MARLENE K. LEBO, his wife, currently of Monroe Town,ship, Cumberland County, Pennsylvania, Mortgageas. WHEREAS, the said Timothy M. Schank and Heather L Scbenk, Mort a certain Obligation., under their h?nd and seal, duly executed, bearing eve~lg~°rs' in and by that bound unto the smd Mortgagees ~n. the sum of Two Hundred Thousand and n~te herewith, stand Dollars, lawfu money of the Umted St executors or adm nistr ~c,-,: ~,. ,, - ares, cond t~oned t at k- * '-, -- 100 ($200 000 00) and no/100 ($200 r,an ,~,~, ~to..rs, administrators, or ass anP~ Y,~- cause to be pard unto the sa d bemw th. ,vvv.wj Ummrs to be pa d in the ,,,~-'-'? ~.m of Two Hundred Thousa~ AND ALSO, at all times, pay ail Taxes. AND the further condition of the said Obligation is such, that if at any time defi~u the payment of any installment of rincipal and merest as aforesaid for he it shai be made in days after any payment thereof shai~a~jl due, or if a breach of any of t~'e other fospace of thirty (30) be made by thc said mortgagors, their heirs, executors, administrators, or assl nsreg°ing conditions sum shall, at the option of he said Mort a ' * t become due; and nn'~m .... ,..~_ g gees, their heirs e ...... g , he said princ together with a~ 'T.':'_ ""' ,,,~e same with thc interes , ^,-,~u~ors, administrators or a ' . , - ~ ~urney s Commiss' t, Taxes, and cos of I · smgns, besides costs of suit, ma~ be ~-,'-- ~ ~o.n of fifteen (15%) der cern .... nsur~.nce .due thereon, NOW THIS INDENTURE WITNESSETH, that thc said MOrtgagors, as wcH as for and in consideration of said debt or sum of Two Hundred Thousand and no/100 ($200,000 00) Dollars, and for the better securing the payment of the same w th interest, as afor Mortgageca, their executors, administrators ' . es ' for and in consideration of,~" .... , or asmgns m the d ~o-~ . ~d unto thc smd Mortgagors in hand --:~ ~ ~-~. ,urt~cr sum of One ($ 00) ii~-~?e of smd rec ted ob{i ation rant " pa,u oy thc said Mort a . ~k~.._., ,awful mone afo ' g , as g , bargain, sell, release and confirm un~ ~ees, .the ~ce~pt whereof is hereby ac resatd, unto the he sm~ Mortgagees .the r h ',~ ~-~ I~nowledged, do ALL fha certain piece or narcel o : ' ' fCo~l~berland and Commonweahh ~f pc._f I,a. nd .s~tuated in the Townshi,~ o~' - ~'~"~umny. e, ounded and descr~be~l as BEGINNING at a point in thc center I ne of the Williams Gruvc Rod other lands of the Grantees; thence by the center llne of the Wil isms (}rod (LR. #21017), a degrees 38 minutes 26 seconds West, distance of 1,065,87 feet to a po nt, tbe~e Road, South 39 formerly of Frank E. and Dorothy ~ Stoner (of which this wax a part) Noce by ands now or m~nutcs ~2 seconds West, a d~stancc of 1,362.63 feet to a pin; thence rth 48 degrees 26 ~r,°rge ~ Eppley, Nor!h 40 degrees East a ' by ands n r~t~e,,s,~thence by said latter and,~ e^,' ,.d!s?,nce of 1,063.90 feet to a ,,,,;-, .O~or formerly of .... ..,.:,~ feet to a point, the -lace ^~ ~,~n~4.~ .d?grees 30 m nutes 50 s~ a?tner la~ds of the CONTAINING 33.2142 acres of land in accordance with a Survey dated January 26, 1986, by Gerrit J. Batz, Registered Surveyor. BEING the same premises wh ch Earl B. Lebo and Paul G, Lebo co-partners, etc., by the r deed dated March 21, 199 , and recorded in the Office of he Recorder of Deeds n and for Cumberland County, Pennsylvania, in Deed Book "A", Volume 35, Pa conveyed unto Earl B, Lebo and Marlcn said Lebos have now granted amt ,._ e?. Lebo, hiswife he~ ...... g,e I 2, granted and _c ....., Mortgagors herein, h the TOGETHER WITH ALL AND SINGULAR the hereditaments and a une unto the hereby granted premises belon ' · . . remainders, rents, ~ssoes and profits the~golf,ng' or tn anywise appenamm~P, Palnd [lhaen~esv~t_soeve.r EXHIBIT ,, C " TO HAVE AND TO HOLD the said bereditaments and premises granted, or mentioned, and intended so to be, with the appur~nances, unto the said Mortgagees. their heirs and assigns, to and for the only proper use and behoof of the said Mortgagees, their heirs and assigns, forever. AND thc said Mortgagors, for themselves, their heirs and assigns, do hereby covenant, promise and agree to and with the said Mortgagees, their heirs, executors, administrators and assigns that if the sa d Mortgagors, their heirs and ass gns, shall neglect or refuse to pay all Taxes, it shall be lawful for thc said mortgagoes, their heirs, executors, administrators and assigns to pay sa d taxes, and recover the costs and expenses of such Taxes in a suit upon this Mortgage. PROVIDED always, nevertheless, that if the said Mortgagors, their heirs, executors, administrators, or ass gna do and shall pay or cause to be paid, unto the said Mortgagees. their executors, administrators or assigns the sa d pr ncipai sum of Two Hundred Thousand and no/lO0 ($200,000.00) Dollars, lawful money, aforesaid, on the day and time hereinbefore mentioned and appointed for the payment of the same together with interest, Ta. xesLcosls as aforesaid,.and w~ithout any deduction, defalcet on or abatement to be made of anything for or in respect or any taxes, charges or assessments whatsoever then and from henceforth as well as this present Indenture and the estate hereby granted, as the said recited Obligation, shall cease, determine and becoro~ void. AND PROVIDED also, that it shall and may be lawful for the said Mortgagees, their executors, administrators or ass gns; when and as soon as the principal sum shall in any event become due and payable, as aforesaid, to sue out forthwith a writ or writs of Sc re Fac as upon this Indenture of Mortgage, and proceed thereon to judgment and execution for the recovery of said principal sum, and all Interest due thereon, and the cost and expenses of Insurance and Taxes as aforesaid, together with an Attorney's COmmission of fifteen (I 5%) per cent. on said principal sum, besides costs of suit, without stay or exemption from execution or other process with a full release of errors. IN WITNESS WHEREOF, the said Mortgagors have to these presents set their hands and seals, the day and year first above written. Signed, ~aied and delivered in the ~ ¢.o ~ TIMOTI'I¥~ ~-~ HEATHER L, SCHENK ~ ~ COMMONWEALTH OF PENNSYLVANIA: :SS. COUNTY OF CUMBERLAND : Onthis, the t'~'~x dayof ~0d~.o~e(~ ,A,D. 1999, beforeme, a Notary Public came the above-named TIMOTHY M. SCHENK and HEATHER L. SCHENK, who ~knowiedged the a~ve Indanta~ of Mo~gage to ~ ~eir Act and ~d, ~d desi~d the same might ~ ~or~ ~ such. IN W~N~S WHE~OF, I be~unto set my hand and o~aial seal. No~ ~blic CERTIFICATE OF RESIDENCE I hereby certify that the Promises Residence of the mortgagee, and persons entitled to Interest on this Mortgage is: EXHIBIT " C " Atlomey for Mortgagees 9tat-~ of Pennsylvania 't C ' -~d in tl~o office for the recording of Deeds EXHIBIT " C " ~,,t582 ~a ,630 SHERIFF'S RETURN - CASE NO: 2002-03783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEBO EARL B ET AL VS SCHENK TIMOTHY M ET AL SHAWN HARRISON Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE SCHENK TIMOTHY M REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1919:00 HOURS, on the 15th day of August at 1210 MUSKET LANE , 2002 MECHANICSBURG, PA 17050 by handing to TIMOTHY SCHENK 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 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~ day of [5r~thonotary So Answers: R. Thomas Kline 08/16/2002 BOGERT ALBERT By: SHERIFF'S RETURN - REGUI~AR CASE NO: 2002-03783 P COMMONWEALTH OF PENNSYLVANIA: cOUNTY OF CUMBERLAND LEBO EARL B ET AL VS SCHENK TIMOTHY M ET AL SHAWN HARRISON ' Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SCHENK HEATHER L Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFENDANT , at 1919:00 HOURS, on the 15th day of A~ugust at 1210 MUSKET LANE MECHANICSBURG, PA 17050 by handing to HEATHER SCHENK , 2002 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ,~_~ A.D. - So Answers: R. Thomas Kline 08/16/2002 ALBERT BOGERT EARL B. LEBO MARLENE K. LEBO Plaintiffs TIMOTHY M. HEATHER L. SCHENK SCHENK Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of the Plaintiffs, Earl B. Lebo and Marlene K. Lebo, and against the above named Defendants, Timothy M. Schenk and Heather L. Schenk, jointly and severally, for failure to file an Answer to Plaintiff's Complaint in Mortgage Foreclosure within twenty (20) days from service thereof, and assess Plaintiff's damages against the Defendants, Timothy M. Schenk and Heather L. Schenk, jointly and severally, as follows: Principal Interest to 11/15/02 Attorney's Fees Total $165,152.25 7,343.19 plus interest at the rate of eight (8%) per-cent per annum from November 15, 2002 and costs of this action. Wrztten notzce of zntentzon to enter default judgment was mailed at least ten (10) days prior to filing this Praecipe to the Defendants at their last known address as sho.wn, on said~m~i~.ce, a copy of which is attached hereto and fzled herewzth. ' 7~ ~ ~ ~ Albert~Z, Bog~z%, ES~. Attorney for the Plazntiffs PROTHONOTARY'S ENTRY ~/) .~L~..~ ~ , 2002, judgment is entered in AND NOW, r ~ favor of the Plazntiff's, Ear~ . Lebo and Marlene K. Lebo, and against the Defendants, Timothy M. Schenk and Heather L. Schenk, jointly and severally, and damages are assessed as above in the sum of $176,495.44, plus interest at the rate of eight (8%) per-cent per annum from November 15, 2002 and costs of this action. Prothonotary EARL B. LEBO : MARLENE K. LEBO : : Plaintiffs : V. : TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3783 CIVIL TERM : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Timothy M. Schenk DATE OF NOTICE: September 12, 2002 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 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, PENNSYLVANIA 17013 717-249-3166 AVISO IMPORTANTE A: Timothy M. Schenk FECHA DEL AVISO: ~ppr~mH~r 1 P: 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASE. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PULDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717-249-3166 ~~"~~~~ Albert Z. Bogert, Esquire P.O. Box 314 Mechanicsburg, PA 17055 717-697-1918 EARL B. LEBO MARLENE K. LEBO TIMOTHY M. SCHENK HEATHER L. SCHENK Plaintiffs Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 3783 CIVIL TERM CIVIL ACTION - LAW MORTGAGE FORECLOSURE TO: NOTICE OF INTENTION TO ENTER.DEFAULT JUDGMENT Heather L. Schenk DATE OF NOTICE: September 12, 2002 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 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, PENNSYLVANIA 17013 717-249-3166 AVISO IMPORTANTE A'- Heather L. Schenk FECHA DEL AVISO: September 12, 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASE. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PULDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717-249-3166 Albert Z; Bogb~t,/Esquire P.O. Box 314 Mechanicsburg, PA 17055 717-697-1918 EARL B. LEBO MARLENE K. LE80 Plaintiffs VS. TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM CIVIL ACTION LAW MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE Before me, the undersigned authority, personally appeared ALBERT Z. BOGERT, ESQUIRE, who, being duly sworn according to law, deposes and says that he is the attorney of record for the within Plaintiffs, EARL B. LEBO and MARLENE K. LEBO ; that as such he is duly authorized to make this Affidavit on its behalf; and to the best of his knowledge, ~nformation and belief the within Defendants, TIMOTHY M. SCHENK and HEATHER L. SCHENK, are not in the m~litary service of the United States of America. I understand that false statements made herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Albert Z. Bogert, Esquire Attorney for the Plaintiffs Supreme Court ID#: 06350 P.O. Box 314 Mechanicsburg, PA 17055 717-697-1918 EARL B. LEBO MARLENE K. LEBO Plaintiffs VS. TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants TO: HEATHER L. SCHENK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM CIVIL ACTION - LAW MORTGAGE FORECLOSURE You are hereby notified that on 2002, the following Judgment has been above captioned case. entered against you in the Judgment in the amount of One Hundred Seventy Six Thousand Four Hundred Ninety Five Dollars and Forty-four Cents ($176,495.44) plus interest at eight per-cent (8%) per annum from November 15, 2002 and costs of this action. ~ro~honotary ' ~_] Date: I hereby certify that the name and address of the proper person to receive this notice is: HEATHER L. SCHENK 1210 Musket Lane Mechanicsburg, PA 17050 A: HEATHER L. SCHENK Por este medio se le esta notificiando que el 2002 el/la siguiente Fallo ha ido en el caso mencionado en el epigrafe. anotado de encontra suya Fecha: Certifico segun indicada Protonotario que la siguiente direccion es ladel en el certificado de residencia: defendido/a Abogado HEATHER L. SCHENK 1210 Musket Lane Mechanicsburg, PA 17050 del Demandante; ALBERT Z. BOGERT, ESQ. A~omey-At-Law ~O. BOX314 MECHAN1CSBURG, PA I7055.0314 EARL B. LEBO : IN THE COURT OF COMMON PLEAS MARLENE K. LEBO : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : VS. : No. 02-3783 CIVIL TERM~ TIMOTHY M. SCHENK : HEATHER L. SCHENK : CIVIL ACTION LAW Defendants : MORTGAGE FORECLOSURE TO' TIMOTHY M~ SCHENK You are hereby notified that on 2002, the following Judgment has been entered against you in the above captioned case. Judgment in the amount of One Hundred Seventy Six Thousand Four Hundred Ninety Five Dollars and Forty-four Cents ($176,495.44} plus interest at eight per-cent (8%) per annum from November 15, 2002 and costs of this action. Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: TIMOTHY M. SCHENK 1210 Musket Lane Mechanicsburg, PA 17050 A: TIMOTHY M. SCHENK Por este medio se le esta notificiando que el 2002 el/la siguiente Fallo ha ldo suya en el caso mencionado en el epigrafe. de anotado encontra Fecha'. Protonotario Certifico que la siguiente direccion es ladel defendido/a segun indicada en el certificado de residencia: Abogado del TIMOTHY M. SCHENK 1210 Musket Lane Mechanicsburg, PA 17050 Demandante; ALBERT Z. BOGERT, ESQ. A~omey-At- Law ?O. BOX314 MECHANICSBURG, ~ 17055-0314 EARL B. LEBO MARLENE K. LEBO Plaintiffs VS. TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-13783 CIVIL TERM CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO ?A R.C.P. 3129.2 (C)(2) ALBERT Z. BOGERT, ESQUIRE, being duly sworn according to law deposes and says that he mailed a copy of 'the Notice of Sheriff's Sale of real property pursuant to PA. R.C.?. 3129.2 (a) on November 19, 2002 by United States Mail, first class postage prepaid to all parties listed herein to their stated address. Copies of the Certificate of Mailing, Postal Service Form 3817 for each mailing attached hereto. Notice sent to: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013 Mary A. Murray, Monroe Township Tax Collector 1375 Creek Rd. Boiling Springs, PA 17007 Putney's Sunoco Service 417 East Main Street Mechanicsburg, PA 17055 I make these statements pursuant to 18 Pa. Cons. Stat. Section 4904 relating to unsworn falsifications to authorities and understand that false statements may subject me to criminal penalties under that statute. Albert Z.fBogeq~t, Esquire Attorney for Plaintiff Supreme Court ID #: 06350 P.O. Box 314 Mechanicsbur9, PA 17055 717-697-1918 Attorney At La ' One piece of ordJnerv mail .rid ..... d to: i~!~ PS Form 3817, ~ar. 1080 Received F One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF M~ ~ FOR DOMESTIC~A--~M -:-- o t~ PROVIDE FOR ,.SURANCE--POSTMAST~~j Rece,,ed, ALBERTZ. BOGF~ii~i~ ~ I~ ~CHA~CSB~G, PA 1 ~ One piece of ordinary mail addressed to: (::3 ;z: · PS Form 3817, Mar. 1989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: EARL B. LEBO MARLENE K. LEBO Plaintiffs ( ) Confessed Judgment ~,~ Other File No. o2-3783 CIVIL TEt~v[ vs. Amount Due _ $176,495.44 TIMOTHY M. SCHENK HEATHER L. SCHENK : Interest $ 4,095.84 Defendants : Atty's Comm : Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) The real property at 1236 Williams Grove Rd., Mechanicsburg, PA - Tax p_~cel 22-10- - _ · . Earl B. & Marlene K. Lebo to Timoth_z M. & Heather L. Schenk recorded in Deed Book 211, pg 363. PRAECIPE FOR ATrACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty ~ist) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date (Indicate) Index this writ against the garnishee(s) as a lis pendens, against real estate of the defendant(s) described in the attached exhibit. '//~/~ S gnature: Print Name: Address: Attorney for: Telephone: Albert Z. Bogert, Esq. P. O. Box 314 Mechanicsburg, PA 17055 Plaintiff 717-697-1918 Supreme Court ID No.: 06350 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-3783 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EARL B LEBO AND MARLENE K LEBO Plaintiff (s) From TIMOTHY M SCHENK HEATHER L SCHENK 1210 MUSKET LANE MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell THE REAL PROPERTY AT 1236 VfILLIAMS GROVE RD MECHANICSBURG PA TAX PARCEL #22-10-0644-034B DESCRIBED IN A DEED DATED I1/15/99 FROM EARL B & MARLENE K LEBO TO TIMOTHY M & HEATHER L SCHENK RECORDED IN DEED BOOK 211 PG 363.. (2) Y°u 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 pr°perty °f 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 $176,495.44 L.L.$0.50 Interest $ 4095.84 Atty's Comm % Atty Paid $128.59 Plaintiff Paid Date: NOVEMBER 15, 2002 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name ALBERT Z BOGERT ESQ Address: P O BOX 314, MECHANICSBURG PA 17055 CURTIS R. LONG Prothonotary Deputy Attorney for: PLFF Telephone: 717-697-1918 Supreme Court ID No. 06350 EARL B. LEBO MARLENE K. LEBO PlaSntiffs : : lI~OT~¥ ~. SCHE~K : HEATHER L. SCHENK : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3783 CIVIL TERM CIVIL ACTION LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 EARL B. LEBO and MARLENE K. LEBO, the Plaintiffs in the above action, sets forth that on the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1236 Williams Grove Rd., Mechanicsburg, PA Name and address of Owner(s) or reputed Owner(s): Timothy M. Schenk Heather L. Schenk 1236 Williams Grove Rd. 1236 Williams Grove Rd. Mechanicsburg PA 17055 Mechanicsburg, PA 17055 Name and address of Defendant(s) in the judgment: Timothy M. Schenk Heather L. Schenk 1236 Williams Grove Rd. 1236 Williams Grove Rd. Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 3. Name and last known address of every judgment judgment is a record lien on the real property to creditor whose be sold: Putney's Sunoco Service 417 East Main St. Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of record: of every mortgage Earl B. Lebo Marlene K. Lebo 838 Fisher Rd. 838 Fisher Rd. Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 interest in or record lien be affected by sale: Name and address of every other person on the property and whose who has any record interest may Cumberland County Mary A. Murray Tax Claim Bureau Tax Collector i Courthouse Sq. Monroe Township Carlisle, PA 17013 1375 Creek Rd. Boiling Springs, PA 17007 6. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. ! understand that false statements herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities. Date: Alb~ert ZJ.~B~gert,~Esq~ire Attorney for Plaintiff Supreme Ct. I.D. # 06350 P.O. BOX 314 Mechanicsburg, PA 17055 717-697-1918 EARL B. LEBO MARLENE K. LEBO Plaintiffs TIMOTHY M. HEATHER L. VS. SCHENK SCHENK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM : : CIVIL ACTION LAW : MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3120 TO THE FOLLOWING: TIMOTHY M. SCHENK 1236 Williams Grove Rd. Mechanicsbur§, PA 17055 This Notice is given to you as owner and defendant in an execution proceeding brought before the Sheriff of Cumberland County, Pennsylvania by Earl B. Lebo and Marlene K. Lebo, the Plaintiffs relative to the following judgment and execution No. 02-3783 CIVIL TERM. ' The property together with its location and are described in Exhibit "A" attached to this Notice; said will be offered by the Sheriff for sale according to the information set forth in this Notice. The Sheriff's Sale of property will be held: Date of sale: March 5, 2003 Place of sale: Commisioner,s Hearing Room Cumberland County Court House Carlisle, PA 17013 improvements premises Time of sale: 10:00 A.M. A schedule of Distribution will be filed by the Sheriff on and distribution will be made in accordance ~ith the schedule unless exceptions are filed thereto within ten O) days from the date of filing. lbert Z. Bogert~ Esquire Attorney for Plaintiff Supreme Ct. I.D. #: 06350 P.O. Box 314 Mechanicsburg, PA 17055 717-697-1918 PROPERTY DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Monroe, County of Cumberland, Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of the Williams Grove Road ( L.R.#21017 ) at other lands of the Grantees; thence by the center line of the Williams Grove Road, South 39 degrees 38 minutes 26 seconds West, a distance of 1,065.87 feet to a point~ thence by lands now or formerly of Frank E. and Dorothy M. Stoner ( of which this was a part ), North 48 degrees 26 minutes 22 seconds West, a distance of 1,362.63 feet to a pin; thence by lands now or formerly of George R.Eppley, North 40 degrees East, a distance of 1,063.90 feet to a point at other lands of the Grantees; thence by said latter lands, South 48 degrees 30 minutes 50 seconds East, a distance of 1,355.90 feet to a point, the place of BEGINNING. CONTAINING 33.2142 acres of land in accordance with a Survey dated January 26, 1986, by Gerrit J. Betz, Registered Surveyor, and having thereon erected certain buildings and structures. Known and numbered as 1236 Williams Grove Road, Mechanicsburg, PA 17055. BEING the same premises which Earl B. Lebo and Marlene K. Lebo, his wife, by their Deed dated November 15, 1999 and recorded in the Cumberland County Recorder of Deeds Office in Book 211, page 636, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk, his wife. Tax Parcel No. 22-10-0644-034B SEIZED, taken in execution and to be sold as property of Timothy M. Schenk and Heather L. Schenk, Mortgagors herein by Judgment No. 02-3783 CIVIL TERM. Notice is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania after the sale and distribution of said proceeds will be made in accordance with the said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. EXHIBIT " A " EARL B. LEBO MARLENE K. LEBO Plaintiffs VS. TIMOTHY M. HEATHER L. SCHENK SCHENK Defendants N~OTICE IN THE cOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM CIVIL ACTION LAW MORTGAGE FORECLOSURE OF SHERIFF'S SALE OF REAL ESTAT[ To: Timothy M. Schenk Bnd Heather L.Schenk Your house (real estate) at 1236 Williams Grove Rd. Mechanicsburg, PA 17113 is scheduled to be sold at Sheriff's sale on March 5, 2003 at 10:00 A.M. in the Sheriff's Office in the Cumberland County Courthouse .located in Carlisle, Pennsylvania, to enforce the court judgment of $176,495.44 obtained by the above named Plaintiffs against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. action: To prevent this Sheriff's sale, you must take immediate 1. The same will be cancelled if you pay to the above named Plaintiffs the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney'S fees due. To find out how much you must pay, you may call Albert Z. Bogert, Esquire, at 717-697-1918. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will 9o through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the sale date. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717)249-3166 The Sheriff's phone number is: (717)240-6390 Attorney for Plaintiffs Supreme Ct. I.D. # 06350 P.O. Box 314 Mechanicsburg, PA 17055 717-697-1918 EARL B. LEBO MARLENE K. LEBO Plaintiffs VS. TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM CIVIL ACTION LAW MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA. R.C.P. 3129 TO THE FOLLOWING: HEATHER L. SCHENK 1236 Williams Grove Rd. Mechanicsburg, PA 17055 This Notice execution proceeding Pennsylvania relative to TERM. is given to you as owner and defendant in an brought before the Sheriff of Cumberland County, by Earl B. Lebo and Marlene K. Lebo, the Plaintiffs, the following judgment and execution No. 02-3783 CIVIL The property together with its location and improvements are described in Exhibit "A" attached to this Notice; said premises will be offered by the Sheriff for sale according to the information set forth in this Notice. The Sheriff's Sale of property will be held: Date of sale: March 5, 2003 Place of sale: Commisioner's Hearing Room Cumberland County Court House Carlisle, PA 17013 Time of sale: 10:00 A.M. A schedule of Distribution will be filed by the Sheriff on and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days from the date of filing. Attorney for Plaintiff Supreme Ct. I.D. #: 06350 P.O. Box 314 Mechanicsburg, PA 17055 717-697-1918 PROPERTY DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Monroe, County of Cumberland, Pennsylvania, more particularly described as follows: BEGINNING at a point in the center line of the Williams Grove Road ( L.R.#21017 ) at other lands of the Grantees; thence by the center line of the Williams Grove Road, South 39 degrees 38 minutes 26 seconds West, a distance of 1,065.87 feet to a point; thence by lands now or formerly of Frank E. and Dorothy M. Stoner ( of which this was a part ), North 48 degrees 26 minutes 22 seconds West, a distance of 1,362.63 feet to a pin; thence by lands now or formerly of George R.Eppley, North 40 degrees East, a distance of 1,063.90 feet to a point at other lands of the Grantees; thence by said latter lands, South 48 degrees 30 minutes 50 seconds East, a distance of 1,355.90 feet to a point, the place of BEGINNING. CONTAINING 33.2142 acres of land in accordance with a Survey dated January 26, 1986, by Gerrit J. Betz, Registered Surveyor, and having thereon erected certain buildings and structures. Known and numbered as 1236 Williams Grove Road, Mechanicsburg, PA 17055. BEING the same premises which Earl B. Lebo and Marlene K. Lebo, his wife, by their Deed dated November 15, 1999 and recorded in the Cumberland County Recorder of Deeds Office in Book 211, page 636, granted and conveyed unto Timothy M. Schenk and Heather L. Schenk, his wife. Tax Parcel No. 22-10-0644-034B SEIZED, taken in execution and to be sold as property of Timothy M. Schenk and Heather L. Schenk, Mortgagors herein by Judgment No. 02-3783 CIVIL TERM. Notice is further given to all parties in interest and claimants. A proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania after the sale and distribution of said proceeds will be made in accordance with the said proposed schedule of distribution unless exceptions are filed thereto within ten (10) days thereafter. EXHIBIT " A " EARL B. LEBO : MARLENE K. LEBO . Plaintiffs ' VS ' TIMOTHY M. scHENK . HEATHER L. sCHENK Defendants NOTICE OF IN THE coURT OF COMMON PLEAS cUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM C~VIL ACTION - LAW MORTGAGE FORECLOSURE SHERIFF'S sALE OF R~AL EsTAT~ To: Timothy M. Schenk ~nd Heather L.Schenk Your house (real estate) at 1236 williams Grove Rd. Mechanicsburg, PA 17113 is scheduled to be sold at Sheriff's sale on March 5, 2003 at 10:00 A.M. in the Sheriff's Office in the Cumberland County Courthouse located in Carlisle, Pennsylvania, to enforce the court judgment of $176,495.44 obtained by the above named Plaintiffs against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE. To prevent this Sheriff's sale, you must take immediate action: 1. The same will be cancelled if you pay ~o the above named Plaintiffs the amount of the judgment plus costs or the back paymentS, late charges, costs and reasonable attorney'S fees due. To find out how much you must pay, you may call Albert Z. Bogert, Esquire, at 717-697-1918. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney)· YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE· 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. ~ 9e'~ ,.. ~a~e '~ nrov~ ..~ ~o ~"~n ~n~ ~ ~ .. ~e -~e o~ ' ~e sa~.~oU~e she- . ~ot ha ~ ~S ~' d~ O~n~ t u,' ~e~ 0 _,, ha~% ~o the -he ~[~ct ~ou. ~e e~S,,le °Zfsher~'~Lce~q~ sch?~,.rong~ ~te. ' ~ .our" ~ulS SUPr~ onx EARL B. LEBO MARLENE K. LEBO Plaintiffs V. TIMOTHY M. SCHENK HEATHER L. SCHENK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3783 CIVIL TERM CIVIL ACTION LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3124 EARL B. LEBO and MARLENE K. LEBO, the Plaintiffs in the above action, sets forth that on the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1236 Williams Grove Rd., Mechanicsburg, PA Name and address of Owner(s) Timothy M. Schenk t236 Williams Grove Rd. Mechanicsburg PA 17055 or reputed Owner(s): Heather L. Schenk 1236 Williams Grove Rd. Mechanicsburg, PA 17055 Name and address of Defendant(s) in the judgment: Timothy M. Schenk Heather L. Schenk 1236 Williams Grove Rd. 1236 Williams Grove Rd. Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 3. Name and last known address of every judgment judgment is a record lien on the real property to Putney's Sunoco Service 417 East Main St. Mechanicsburg, PA 17055 4. Name and address of the of record: last recorded holder Earl B. Lebo Marlene K. Lebo 838 Fisher Rd. 838 Fisher Rd. Mechanicsburg, PA 17055 Mechanicsburg, PA creditor whose be sold: of every mortgage 17055 5. Name and address of every other person who has any record interest in or record l~en on the property and whose interest be affected by sale: may Cumberland County Mary A. Murray Tax Claim Bureau Tax Collector Monroe Township 1 Courthouse Sq. Carlisle, PA 17013 1375 Creek Rd. Boiling Springs, PA 17007 6. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff Supreme Ct. !.D. # 06350 P.O. BOX 314 Mechanicsburg, PA 17055 · 717-697-1918 EARL B. LEBO MARLENE K. LEBO Plaintiffs TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM CIVIL ACTION LAW MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129 EARL B. LEBO and MARLENE K. LEBO, the Plaintiffs in the above action set forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1236 Williams Grove Rd, Mechanicsburg, PA 17055 Name and address of Owner(s) or reputed Owner(s): Timothy M. Schenk Heather L. Schenk 1236 Williams Grove Rd. 1236 Williams Grove Rd. Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Name and address of Defendant(s) in the judgment: Timothy M. Schenk Heather L. Schenk 1236 Williams Grove Rd. 1236 Williams Grove Rd. Mechanicsbur9, PA 17055 Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Putney's Sunoco Service Pennsylvania Dept. of Revenue 417 East Main St. Bureau of Compliance Mechaniceburg, PA 17055 Dept.. 280946 Harrisburg, PA 17128-0946 Name and address of the last recorded holder of every mortgage of record: Earl B. Lebo Marlene K. Lebo 838 Fisher Rd. 838 Fisher Rd. Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by sale: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle PA 17013 Mary A. Murray, Monroe Township Tax Collector 1375 Creek Rd. Boiling Springs, PA 17007 6. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. This Affidavit amends, supplements and is in addition to all other Affidavits filed pursuant to Rule 3129 in this case and does not replace, limit or revoke them. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff Supreme Ct. I.D. # 06350 P.O. BOX 314 Mechanicsburg, PA 17055 717-697-1918 EARL B. LEBO MARLENE K. LEBO Plaintiffs TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3783 CIVIL TERM CIVIL ACTION - LAW MORTGAGE FORECLOSURE SUPPLEMENTAL AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 3129.2 (C)(2) ALBERT Z. BOGERT, ESQUIRE, being duly sworn according to law deposes and says that he mailed a copy of the Notice of Sheriff's Sale of real property pursuant to PA. R.C.P. 3129.2 (a) on December 3, 2002 by United States Mail, first class postage prepaid to all parties listed herein to their stated address. Copies of the Certificate of Mailing, Postal Service Form 3817 for each mailing attached hereto. Notice sent to: Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 This Affidavit supplements and is in addition to all other Affidavits previously filed in this matter and does not replace, limit or revoke them. I make these statements pursuant to 18 Pa. Cons. Stat. Section 4904 relating to unsworn falsifications to authorities and understand that false statements may subject me to criminal penalties under that statute. Date POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATtONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Attorney for Plaintiff n n ~.v t14 , lurg, PA 17055 Received Frol <lc ALRERTZ. BOGERT, ESQ. ~ ~ ~ ~o Attorney-At-Law ~ ~S~ ~ ROBOX 14 ~-z ~ ~ P S Form 3817, Mar. 1989 r l~ Earl B. Lebo and Marlene K. Lebo VS Timothy M. Schenk and Heather Schenk In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3783 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Albert Bogert. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 12.42 Levy 15.00 Certified Mail 4.42 Law Journal 349.10 Patriot News 281.89 Poundage 15.59 Share of Bills 25.21 $ 795.13 paid by attorney 03/14/03 This F ~ day of ~ R. Thomas Kline, Sheriff 2003, A.D. ~~ )h.6~.z~, 6~ Prothonotary Real Estate Deputy EARL B. LEBO MARLENE K. LEBO Plaintiffs V. TIMOTHY M. SCHENK HEATHER L. SCHENK Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3783 CIVIL TERM CIVIL ACTION LAW MORTGAGE FORECLOSURE PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the docket satisfied and discontinued. in the above captioned matter as settled, Attorney for the Plaintiffs