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HomeMy WebLinkAbout95-04984 ~ i 1 " lfJ - J . '" 7 fA d - - :>J d ~ ~ JI l t '-::T 00 '(J :r I l{)l 0-1 O~ z! . Notes I If relll property, supply six copies of description including in'provements ald an originAl and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. u ..J '1J - (J S 8 c -0 0- r () )- r- () a... 0- ~ ~ ~ ~ tp '"'Il ~.-: ,0 _J ~ -.1 --., . . _.~ . ...1 . ' ':::' :'. ~ : :', ~) -" .,~_... ,f:; ~ .D 01 ~ g ~' -s- --a. ~ 1-~J- ~ In 8 "1L -1 :..:< -, I '1-' , , -, ....l n ~t ll1 ~ -O~ G' ....::I '--fl " THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is (are): Sheila C, Toland and aeal Estate Investments, Inc 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 obtained from the Sheriff of the Court of Common pleas within County at the courthouse address specified herein. may be of the THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR pRQPBP.TY. ~ IT BAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TADN TO PAY THE JUDGMENT. You may taken away. rights. If PROMPTLY, have legal rights to prevent your property from being A lawyer can advise you more specifically of these you wish to exercise your rights, YOU MUST ACT 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 Court Administrator 4~ Floor, Cumberland County Court House 1 Court House Square Carlisle, Pennsylvania 17013 (717) 240-6200 THB LEGAL RJ:GHTS YOU MAY HAVE ARB: 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 a 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 d presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto, I . ,heriff,aff/ciVil,lit/BDF JoHN HARB'ILAS and KATHRYN HARB'ILAS, plaintiffS v. REAL ESTATE 'IN'iESTMEN'l'S, INC, a pennsylvania corporation and SHE'ILA c. ToLAND ' Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND couNTY, PENNSYLVANIA NO.9S - 4984 CIVIL CIVIL ACTION - LAW 'IN MORTGAGE FORECLOSURE AlFIDAVIT PURSUANI TO RULE 3129 . BRUCE D. '0-' a"o'noy fa< JOHN Ill'RBILl\S and \<A-'"' HARBILl\S. plainciff'. in ch' abov,.eapcion,d aecion. ,'c fo,ch a' of ch' dac' ch' p,a,eiP' fo' ch' .,ic of Ex,eucion wa' fil,d ch' following informacion eone"ning ch' "al p,oP"cy loeac,d ac 3301 Hack" sec'" . Bo'OUgh of camp Hill. curob" land Counc Y . pennsylvania: 1. Name and address of owner(s) or Reputed owner(s) : Sheila C. Toland 3301 Market Street Camp Hill, PA 17011 Real Estate InvestmentS, Inc 33 North 2~ street Harrisburg. PA 17101 2, Name and address of Defendant(S) in the judgment: Sheila C. Toland 3301 Market Street camp Hill. PA 17011 Real Estate Investments, Inc 33 North 2nd Street Harrisburg, PA 17101 HA \'ING thereon erected a double two and one-half story brick dwelling house numbl!red 3301 Market Street. Ilarllll,lShllan<lfcl/ lel:al.<les/ ,e.ll.esl/CLN ALL THAT CERTAIN lot of ground situate in the Borough of Camp Hill, County of Cumbl'rland and Commonwealth of Pennsylvania, more particularly bounded and desnibed as follows, to wit: On the north side by Market Street; on the east by Lot No, 2 on a Plan of Lots hercinaiter mentioned; on the south by Chestnut Street and land now or late of Eliz.lbcth Spain; on the west by the western half of Lot No, 3, now or late of Mattie S, Wc.l"-lc\'. CONTAINING fifty (50) feet in front on Market Street and extending back an even width of three hundred (300) feet to Chestnut Street and land now or late of Elizabeth Spain, BEING the eastern half of Lot No, :3 on a Plan of Lots known as Rupp Tract which is rccllrdl!d in Plan Book No, 1, Page 14, BEIl'\G the same premises which James S, Toland and Sheila C. Toland by deed dated Nm'.'lllber 21, 1991 and recorded in Deed Book "K" Volume 35, Page 718, granted and COI1\'l'\'cd unto James S, Toland and Sheila C. Toland, The said James S, Toland died on tIll' Wlh day of December, 1991. 0( .'TI'"\UM U.ll.lJnTT nc :IlnM In the Court of Common Pleas of Cumberland County, Pennsylvania KATHRYN HAIUlILAS VI, No, 49SQ Civil. 19 ga_ REAL ESTATE INVES'Il1Em'S and SHEILA C. 'roLAND CIVIL ACTICN - TJ\li !<DR'.lGAGE FORECLOSURE 'ID '!HE PRaI'IIO-.I'YrllRV. Pl~.::tc:!e ent2r j1r\gprnont- r1t=af';:!Ill1+- in f'~'''''t' of the pl;ainf-;f'F :l1'lO ?;nQ+- nc.Fonrbn+-c:: of I.Jortgage Foreclosure to proper ootice the prirx:ipli SlI1\ of '1\oIenty-eight six IIuD;lred and 00/100 ($28,600.00) Dollars together with costs. To PmthollOlary 1'.1 ~ ",n ---+~~ Anomer for Plaintiff .... '.. . ,'" ~. -. .~-. - I No, 4QR4 CT\TTT Tenn, 1995 JOON HARBIIAS an:! KA'lURYN HARBILAS ':7 r" - r. ',' " ,": vs, to (/.00 fd O-lb.\ ~ ~ INIIES'lNENl' and SHEILA 'IOLAND PRAECIPE \' \.l~ ~~Il ~1t 5')(,/7 ~ Filed 19_ BROCI:: D. rom.1AN , Ally, ('i\o..:..s......c,l ~u~c...\.. \~lrdql tJ-J "U c: \ JOHN HARBILAS and KATHRYN HARBILAS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95-4984 CIVIL TERM REAL ESTATE INVESTMENTS, a Pennsylvania Corporation and SHEILA C, TOLAND, Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE ~FFIDAVIJ OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared befDre me, a Notary Public in and for said Commonwealth and County, BRUCE D, FOREMAN, ESQUIRE, who, being duly swom according to law, deposes and says that: On November 1, 1997, I forwarded by mail, a 1()'Day Notice to the said Deendant, Sheila C, Toland at 3301 Mar\(et Street, Camp Hill, Pennsylvania 17011 Swam to and subscribed before me this 3nl day of November, 1997, Aft tJj V-l Notary Public ,I".,: My Commission Expires: "', .. JOHN HARBILAS and KATHRYN HARBILAS Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 95-4984 CIVil TERM REAL ESTATE INVESTMENTS, a Pennsylvania Corporation and SHEILA C, TOLAND, Defendant CIVil ACTION. LAW MORTGAGE FORECLOSURE E PARA: SHEILA C. TOLAND 3301 Market Street Camp Hill, PA 17011 LA FECHA DE NOTICA: el1 de noviembre, 1997 USTED NO HA COMPlIDO CON El AVISO ANTERIOR PORQUE HA FAlTADO EN TOMAR MEDIDAS REQUERIDAS CON RESPETO A ESTE CASO, SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBlE QUE UN FAllO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORT ANTES, USTED DEBE llEV AR EST A NOTlCIA A SU ABOGADO EN SEGUIDA, SI USTED NO TIENE ABOGADO 0 NO T1ENE El DINERO SUFICIENTE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL Court Administrator Cumberland County Courthouse, 4" Floor 1 Courthouse Square Ca~isle, PA 17013 (717) 240-6200 JOHN HARBILAS and KATHRYN HARBILAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . . NO. ~{". ~f'~1/ t~J~?", REAL ESTATE INVESTMENTS, INC., a Pennsylvania Corporation and SHEILA C. TOLAND, Defendants . . CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 NIC.U By, ' ~RUCE 0, FOREMAN, ESQUIRE 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney rD #21193 Attorneys for Plaintiff JOHN HARBILAS and KATHRYN HARBILAS, plaintiffs IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTy, PENNSYLVANIA v. NO. REAL ESTATE INVESTMENTS, INC., a pennsylvania Corporation and SHEILA C. TOLAND, Defendants . . CIVIL ACTION - LAW IN MORTGAGE PORECLOSURE COMPLA:INT AND NOW, come the above-named plaintiffs, John Harbilas and Kathryn Harbilas, husband and wife, by their attorneys, NICHOLAS & FOREMAN, and brings this action in Mortgage Foreclosure and assign the following reasons therefore: , 1. The Plai~tiffs, John Harbilas and Kathryn Harbilas are husband and wife are adult indi viduals residing at B 17 Mandy Lane, Camp Hill, pennsylvania. 2, The Defendant, Sheila C. Toland, is an adult individual residing at 3301 Market Street, Borough of Camp Hill, Cumberland County, pennsylvania. 3, Real Estate Investments, Inc. is a pennsylvania Corporation organized and existing under the laws of the commonwealth of Pennsylvania with principal offices located at 33 North Second Street, Harrisburg, Pennsylvania 17101, 4. The Defendants are the owners of a one-half interest in the premises generally known and numbered as 3301 Market Street, Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly described in a Deed from James S. Toland and Sheila C, Toland, dated November 20, 1991 and recorded in Cumberland County Deed Book K, Volume 35, Page 718, conveying the same to James S, Toland and Sheila C. Toland, The said James S. Toland died, married to the Defendant, vesting sole title in her, Thereafter, by Deed from Defendant to Sheila C. Toland and Real Estate Investments, Inc, dated December 22, 1993 and recorded January 31, 1994 in Cumberland County Deed Book T, Volume 36, Page 1085, the said premises was conveyed to Sheila C. Toland and Real Estate Investments, Inc" tenants in common. The legal description for the property and the two cited Deeds, are incorporated herein as fully as if set forth. 5. By Mortgage dated April 6, 1994 and recorded April 13, 1994 in the Cumberland County Record Book 1206 at Page 701, Defendant, Sheila C. Toland, placed a Mortgage in the principal sum of $26,000,00 on her interest in the said premises to Plaintiffs and obligated herself to make certain payments to Plaintiffs, pay the real estate taxes and to provide insurance, none of which has occurred. A true and correct copy of the said Mortgage is attached hereto. labeled Exhibit "A" and made a part hereof. 6, The aforesaid Mortgage from Defendant, Sheila C. Toland, to Plaintiffs has never been assigned, 7, The owners, as tenants in common, of the said premises are Sheila C. Toland and Real Estate Investments, Inc.; the Mortgage here foreclosed on is on Sheila C. Toland's interest in common with Real Estate Investments, Inc, which is joined as a necessary party. 8, The Defendant, Sheila C. Toland, has defaulted on the terms of the said Mortgage by failing to make any payments to Plaintiff and by failing to insure Plaintiff on the premises. 9. Under the terms of the said Mortgage, in the event of such default and after notice, Plaintiffs may, at their option, and hereby do, demand and require immediate payment from Defendant Sheila C, Toland, all amounts due under the said Mortgage. 10. Under the terms of the said Mortgage, in addition to payment of the Mortgage sum itself, with interest and costs and attorney's commission of ten percent on the principal sum, besides costs of suit, may be recovered and enforced in a Mortgage Foreclosure action. which sum, in the amount of $2,600.00, is hereby demanded. 11. On or about August 17, 1995, Plaintiffs gave Defendant, Sheila C, Toland, copies of Notice of Intent to Foreclose on the Mortgage and Notice of Homeowner's Emergency Mortgage Assistance Rights, copies of which are attached hereto, labeled Exhibit "BU and made a part hereof, 12, The principal balance due under the said Mortgage from Defendant, Sheila C, Toland, to the Plaintiffs is in the amount of $26,000.00, together with $2,600.00 attorney's fees demanded, for a total of $28,600.00 together with interest and costs of suit, WHEREFORE, Plaintiffs, John Harbilas and Kathryn Harbilas, demand judgment on the aforesaid Mortgage against Defendant, Sheila C, Toland in the amount of $28,600.00, together with costs and interest from the date hereof and demand judgment of foreclosure of the property within described, Respectfully submitted, NI~ By ~ - BRUCE D. FOREMAN, ESQUIRE 3207 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney ID #21193 Attorneys for Plaintiff VERIll'ICATION I verify that the statements made in this Complaint are true and correct. 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. q/ ~/q r ,~ ~lin Ha bilas Kathryn Harbilas o' I: d Ii I: MORTGAGE -INDIVIDUAL - I gao n. PlmkmhOl'll Co., WUUamtport, Pa. '.... ;, 'I " , ~ortgnge ; ~ " day of April 1994 !' TillS INDENTURE, MADE tho 6th In the year nineteen hundred and n i net y - f 0 u r BErWEEN SHEILA C. TOLAND " ;1 '! " " Mortgagor ,. , and JOHN & KATHRYN HARBlLAS Mortgagee WHEREAS, tbe said SHEl LA C. TOLJ\ND Mortgagor ,in and by he r certain ObUgatlon or Writing hand and seal . duly executed, bearing even date herewith stand in tbe swn of Twenty Six Thousand and noll00 ($26,000.00) lawful money of the United States of America; conditioned that the said Mortgagor her heirs, executors or administrators, shall and do well and truly pay, or cause to be paid, unto the said Mortgagee certain a"omeys, executors, administrators or assigns, the sum of Twenty Six Thousand and noll00 ObUgatory, UDder her boUDd unto the said Mortgagee Dollan. AND ALSO, from time to time, and at all times, until payment of said principal swn be made as afore- said ket,p the bllilding , erected and to be erectro upon the land herein described, insured for tbe benellt of the Mortgagees ,ill some good ami reliable Stock Insurance Company or Companies to the amoUDt of at least 2. (;, "0'" - Dollars, and to take no insurance out on said bllildings, not marked for the henl'Gt of th,' Mortgagee s the further condition of the said ObU- gatiun is sllch, tbat if at any time default shall be made in the paynwnt of interest or illSUlancc pn'millm liS aforesaid, for the space of sc.> days aft,'r any payml'nt then'of shall fall dill', or if 1\ breach of any other of the foregoing conditions be made by II". sai,1 Mllrtgagnr hdr., e'l'CUtnn, a,lministrators or assigns, tben ami in such case, the said principal sum shall at the nplion of the said Murtgagees , executors, administrators or assigns. hl'COme dur; and payment nf the same. with the intl'Test and costs of insurance EXHIBIT I' A" II " :' ,: ii " " jl I: ,I 'I il ,: I i ~ ,I , . , " I. '\ j ~ " " " I' I, due thereon, as aforesaid, together wilh an aNomey's commissIon of 1 0 per cent. 00 tbe sold principal sum, besides costs of suit, may be enFureed and recovered at once, anything therein contaloed to the contrary thereoF In anywise nuthwithstandlng, as In and by the sold recited Obligallon and the con- dillon thereuf (relation being tbereunto hod) may more fully ond at'large appear. WITNESSETII that the sold Mortgagor ,as well for and In consIderation of tbe sold debt or sum of Dollars, and for the beller securing the payment of the same with Interest, as aforesaid, uoto the sold Mortgagee s , executors, administrators or assigns In the discharge of the said recited Obligation ,as for and in consideration of the further sum of one dollar, lawful mOlley, aForesaid, unto the said Mortgagor in hand well nnd tndy paid hy said MortgngelS ,01 Or before sealing and delivery hereof, the receipt whereof is berehy acknowledged, granted, bargained aod sold, released, and conGnned, and by these presents, bargain and sell. release and eonGnn unto the said Mortgagees. their gl'1llll beirs and asslgm ALL that certain lot of ground situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: On the north by Market Street; on the east by Lot No, 2 on a Plan of Lots hereinafter mentioned; on the south by Chestnut Street and land now or late of Elizabeth Spain; on the west by the western half of Lot No.3, now or late of Mattie S. Weakley. CONTAINING fifty (50) feet in front on Market Street and extending back an even width of three hundred (300) feet to Chestnut Street and land now or late of Elizabeth Spain. BEING the eastern half of Lot No. 3 on a Plan of Lots known as Rupp Tract which is recorded in Plan Book No.1, Page 14. HAVING thereon erected a double two and one-half story brick dwelling house numbered 3301 Market Street. BEING the same premises which James S. Toland and Sheila C. 'roland by deed dated November 20, 1991 and recorded in Deed Book "K", Volume 35, Page 718, conveyed to James S. Toland and Sheila C, Toland. The said James S, Toland died on the 10th day of December 1991. TOG~"TIIER with all and singular the improvemenls, wa)'s, waters, walercourse., righls, Iibertirs, privih'grs, hrfl,tlilamt'nts amI appurlenane"s whalsoeVl'r unto the hereby granted premises belonging, or in an)'wise nppe'laininJ(, ollllthe revrrsions ond rrmainde,s, renls Issnes and profits therrof; TO II,WE AND TO IIOLD tll<' saill Ilf'rl'dilnllll'lIl~ mill prf'lIiis('s ~rnnl(.d, tiT menliOlU'l) I1ml inll'lHll',J SlJ to ht' wilh the nppmll'u:ml'('s. unto the said Mortgagees, the i r heirs ","1 ossigm. In aod for Ihr only proper l15e anti behoof of II", saill Mortgag",f;, thei r hd,s allll assign', IOfl'v,'r: AND III<' sahl Morlgagor ,10' her heirs ollll osslgns .10 hrrd,y eo\'enanl, plUmise ollll agree to allll wilh 11m said ~lnrlgagt'eS ,t he i r hdrs, eX"tllllllS, allminislralors amI assigos, Ihal il Ihe said Mortgagor he r hdrs or a"ig"', shallm'gll,t'l or fl'luse 10 k,'"p up the nlofl'sahllmuralle,', H shall I", lawlul fnr the said Morlgag"rs , the i r IIl'i,s, execulors, adminislralors nr a"igm, 10 insure Ill<' said huiltling in a sllln sulficirnt 10 s<'cure pa)'uU'nl of Ihe said principal deht, In case nf fire, oml shall rCt'over the CllSls aud e'penses 01 such imurance In 0 suit upon Ihis M orlgage, I'II0VIDED always, 1Il,\'t'flheless, Ihat if Ihe said Mortgagor her heirs, executors, adminislralnrs, or assigns, tlo ond shall wclI ami huly 1'0)', or ,'ause to be paid, unto the sa hI MortgageeS , her eSl'<-'\Itnrs, administralors or assigus, the said principal sum of Twenty Six Thousand and no/100 Doll,,,,, lawlul 1II0ney, of ores aid, on the tla)' oml time hercinbefore mruti(JIU't! IIml oppointed for paymrnt of Ihe sam,,, logelllt'r wHh inl,'rest oud cosls IInd chargcs of insurancr, os olofl'said, ond without on)' deduction, .Idalcalion or obal<'III<'nl 10 he made 01 nn)'lhing for or in ,,'sped 01 any hm's, charg"s or asSt'SSlll,'nls whalsocver, !l,en amI from Ill<'ncdorlh, ns welllhis pr,'s"nl Imll'nlufl' amllhr cslale IU'fI'h)' granlrd, ns the said reeHed Obligation , shall eeas,', detcrmine allll h,'eome vuid, onylhing I,,'re, iohrfoTe containrd 10 Ih,' conlral)' Ihl'rrof in nnrwlse nolwHhshu"lin:~, AND PROVIDED, also, Ihal it shall and lIIay he lawlul fnr Ih" said Mnrlgagl"'s , l'Wl'UtuTS, administrators Of ns~igns, \\'h('l1 fIIul us sonn llS Ihe saitl prilldpal StlllI shall. in un)' ('\'('nl. lu'(.'oll1l" tll1l" unci p:,yabll', as alu,,'saitl, an AdlulI ClI Mllrlgage fu",c1l1sure may Ill' p"'I,,'lIy "Cllllllll'IIC(,(( "pun Ihis Imlrllt"'" of Mortgage, alld procerd thc"'1I11 10 jllllglllt'lll antI e,,'Cutillll IlIr Ihe "'eovI'ry ul said prlocipal sum and all illll'resl .Iue th""'OIl, alld Ihe costs 011I1 expl'IISt" ul imurane,', liS alll,,'.aid, logl'lh.'r wHh nn alll"nr).'s l"nlllli,siulI of pl'r t'eul. Oil snid principal Slllll, 11I',id,'s cost 01 suil, wilhoul slay of IIr exemptlou from exceutlun or IIlher process, wilh u full release ,,[ crro,,; 1111)' Inw, rule of euuTl, or usage 10 Ihe limlrary nOlwithstanding. IN WITNESS WIlEIIEOF. thr said part of Ihe firsl pnrl ha 10 Ihese preselll scl hand and scal , Ihe day alld )'ear first olx.v,' wrillrll, SICI'<F.D, SEALEI> ANI> DEI.I\T.IIEI> IN '!lIE I'IIF..S:NCE OF , j"?,(~~.c"4&,,J ~~ sirftt;.r c, 'rOLlIND ~ -~ CERTIFICATE or Rr.5IDENCE I bereby certify, Ibalthe prcclse address of Ibe 1Il0rtgagl'C bereln Is as foUows: Allum.. or Apnt lur MartI".... fvto(!.1::;.., Net), 1./ / "Ie, I.( h. ' r2.6 c:;.' 70 (. f.' leJ b-.-, E~~. ~ iP..d C9pLJ V-1 ~ h'l ~/i-.-, ~" ~ flf<~ h-W~ ~ .,'^ 1Z-~ ~ J ol-v., v){r. II II II I I I Ii I! i II I' ,I :' " " " " Qlommo"Iu'all~ pf p'"",Vhlllnlll } QJOlllltu or ....~;)~................... II. On tllll. tho ~ day of O.~'~ 19 ,&of, before me tho IIJlllelllgned omeer, penonally appeared kllown 10 me (or IIlldactorlly proven) to be the person whose name suhscrlbed to the within IlIltOlmenl. amI acknowledged Ihat executed the same for the purpose therein cUIII.lned, IN ,WITNESS WHEREOF, I have hereunto set my hand and seaL My Commllllon Explr ~~~.. ......O\~,~c;>PF~:....,...., ..........,.. ~Q........... NIlY,ll1, 1M ""J ~:, 1II 0 1\1 11I0 11111 tll II Ir of JI'lIl1ll!lullllill } II. Q!olllll\l of ........,..,................................,..... On thil. the day of 19 , before me tho IIndenlgned ofBcer. personally appeared known to me (or lallslactorily proven) to be the person whose name subsaibed to the within Inslrumenl, llnd acknowledged that executed the same for the purpose therein conlalned, IN WITNESS WHEREOF, I have hereunto set my hand and seal. " My Commllslon Explrel 1IIl1nllnllnlurall~ IIr pennlvlullnill } Ie. GIouI.tg Df ..................................................... RECORDED In the olBce for Recording of nc.eds. etc., In aud for IIld County, In Mortgage Book No, , Page WITNESS my baud aud OIBciaI Seal thb day of , 19 ....... 01 MCIItppI :, " Ii I' I I I I 'I II II Ii Ii Ii d ;i I' ,I P iI '; " i; " :! , " " I: l; " i: ,j I H " I' " Ii I " , :1 'i " " LAW OFFICES NICHOLAS & FOREMAN STEVE C. NICHOLAS BRUCE 0, FOREMAN JEFF FOREMAN JAMES L, WALSH TELEPHONE (717) 236-9391 FAX (717) 236-6602 3207 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17110 August 17, 1995 FILE NO. Sheila Toland 3301 Market Street Camp Hill, Pennsylvania NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Ms. Toland: The MORTGAGE held by John Harbilas and Kathryn Harbilas (hereinafter we, us, or ours) on your property located at 3301 Market Street, Camp Hill Boro, CUmberland County, Pennsylvania, IS IN SERIOUS DEFAULT because you have not paid any amount on your and payment is now due in the full amount of $26,000,00 and because you have not insured the premises for our benefit as required under the said mortgage. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter, is $26,000.00 plus insurance for our benefit in an amount of not less than $26,000,00, You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $26,000.00 plus providing insurance for our benefit as required in the mortgage. If the full amount of the mortgage is paid, the insurance will no longer be required. Such payment must be made either by cash, cashier's check, certified check, or money order, and made at the offices of our attorneys, Nicholas & Foreman, 3207 North Front Street, Harrisburg, Pennsylvania 17110. If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the sheriff to payoff the mortgage debt. EXHIBIT "B" Sheila Toland August 17, 1995 Page Two Your case has been referred to attorneys, but if you default before they begin legal proceedings against you, still have to pay the reasonable attorney's fees incurred, up to $50,00. cure the you will actually However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50,00, The mortgage states that an attorney's commission of 10% of the principle sum plus costs of suit may be enforced and recovered on foreclosure. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs, If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal and all other sums due under the mortgage, If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges than due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage, It is estimated that the earliest date that such a sheriff's sale could be held would be approximately March 6, 1996. A notice of the date of the sheriff's sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling our attorney, Bruce 0, Foreman. at the following number: (717) 236-9391. This payment must be in cash. cashier's check. certified check, or money order and made payable to us at the address stated above, You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it, If you continue to live in the property after the sheriff's sale, a lawsuit could be started to evict you. Sheila Toland August 17, 1995 Page Three You have additional rights to help protect your interest in the property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, BRUCE D, FOREMAN Attorney for John Harbilas and Kathryn Harbilas BDF/ar cc: John Harbilas IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE, YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Date: August 17, 1995 RE: Mortgage to John Harbilas and Kathryn Harbilas TO: Sheila Toland 3301 Market Street Camp Hill, PA FROM: John Harbilas and Kathryn Harbilas Your mortgaqe is in serious default because you have not paid and amount on your mortgage. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter, is $26,000.00, As of August 17, 1995, the full amount due on the Mortgage is $26,000,00. Collection costs and foreclosure costs may be allowed, You may be ~ligihl@ for fin~ncial aARistanc@ that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing finance Agency. please read all of this Notice. It contains an ~~Ianation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan. or to otherwise settle your delinquency, That meeting must occur in the next thirty (30) days, If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in a mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: YWCA of Carlisle 301 George Street Carlisle, PA 17013 Telephone Number: (717) 243-3818 The name(s) and addressees) of (a) designated consumer credit counseling agency(ies) is (are): Urban League of Metropolitan Harrisburg 23 North Front Street Harrisburg, Pa. (717) 234-5925 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Fund, In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing finance Agency. The consumer credit counseling agency will assist you in filling out your application. It must be filed or postmarked. within thi~ty (30) days of your fac@-tc-fac@ m@etinq. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit counseling agencies listed above, The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). An application for assistance may be obtained from this lender, from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency, It is extremely important that YOIl fil~ ~~~r ;~f~~C:~:o: promptly, IF you do not do RO. or if you d~ f~ :~w ~~~ ~ther time p~riodR set forth in this letter. for~~l~;~r~ ~ p e d againRt your home immediateJy. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act, It is extremely important that YOllr a9plication is accurate and cOmplete in ~very r~Bpect, The counseling agency will help you fill out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it received your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. You must read this notice, since it explains rights that you now have under Pennsylvania law, However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time, Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Very truly yours, Bruce D, Foreman BDF/mak JOHN HARBILAS and KATHRYN HARBILAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95 - 4984 Civil Term REAL ESTATE INVESTMENTS, INC., a Pennsylvania Corporation and SHEILA C. TOLAND, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ACCEPTANCE OF SERVICE PURCELL, KRUG & HALLER, Attorneys for Defendant, Sheila C, Toland, by John W, Purcell, Jr., Esq,. hereby accepts service of the Complaint in the above-captioned matter. PURCELL, KRUG & HALLER Dated:tJC(t1. {Y?S hn Purcell, Jr., rney for Defendant 1719 North Front Street Harrisburg, PA 17102-2392 . ,. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. I, ______~!?!>_e..~~...Pn?:!~A!!L_m_____mn m___mu____ mum____ Unm__n Recorder or Deeds in and ror said County and Slate do hereby uniry that the Sherirrs Deed in which _u_u_U_n__U John Harbila" & Kathryn , nnuuu_n_u_u_n_nn .____n_nn_nnn__ __nn_nn_u____nnnn__nn_u_ U the grantee the same having been sold to said grantee on the -_____nA~!J__n__n__u_nuu__nnn____nu day or _n__~.!!.~~~u___u___u__u___nn_u_u A, D" 19__?~_n_, under and by vinue of a writuuu_u__n_ execution , h 9th _nu_nnn__nnn_nnn_________uun_un_155uedon t e .nU______UUn.nu_____n_UU_n day of _n..DeJ:.2IIlbu.._nnuuu A, D., 19_:L_, out of the Court or Comman Pleas of said County as of m__un___n__u____n_liQ._9,S:::49.B.4. _Ci.'iU__ mnn__ .__ UUUn __ __ U _ _ mu Term, 19_::"_n NUJDber __mmn__n, at the luit or _!_~~!.l__'!.~~~_i_!~~_~_~~_t..!~:t!l.__mmnmu_mm_____m.__ _m__ U ___ 00___ __ _ ___m___ _ __ _._ _ againSI- _ _ ~~_~ ~ _ ~ _"_ ~ ~ ~ ~_ _ ~~ ~!_ ~~~!_~ ~ ~ ul_~~ _ ~_ _ ~ ~~_~ ~ ~ _:. _ ~ 0' and duly ruorded in Sberifrl Deed Book No. .:~~m_nu, Page ~~_:_____m. IN TESTIMONY WHEREOF, I have bereunto ""t my hand and seal of said offu:e this LZ!..{._ day ~J;1.i.---;I--;n"''''' ..2_,,____ --n~~~~--*t~~o;;. NOlARlAl. SEAl. IlECORO(R IlIOU. CUI ISlt CUMBERlAND cum COUIY.... MY COMMISSION DI'lRl! JAHUARY I, 11IIII , John Harbilas and Kathryn Ilarbillls ..vs- Relll Estllte Investments, Inc. Sheilll C. Tolllnd In the Court of Common Pleas of Cumberland County. Pennsylvllnill No. 95.4984 Civil Term Michael E. Barrick Deputy SherilTwho being duly sworn lIccording to 11Iw. says he on January 6, 1998 at 4:55 P,M,E.S.T.. he posted a copy of Relll Estate Writ Notice Poster and Description upon the property of Real Estate Investments, Inc. And Shcilll C. Toland located lit 3301 Market Street, Cumberland County, Pennsylvanillllccording to law. R, Thomas Kline SherilTwho being duly sworn according to 11IW, says he mllde diligent search and inquiry for one of the within named defendants to wit: Real Estate Investments lnc" but was unable to locate them in his bailiwick, He therefore deputized the Sheri IT of Dauphin County to serve the within Real Estate Writ Notice Poster and Description according to law, Dauphin County Return: and now January 12. 1998 at 10:46 AM served the within Real Estate Writ, Notice Poster and Description upon Real Estate Investments Inc by personally handing to John Harbilas O\mer I true and attested copies of the original Real Estate Writ Notice Poster & Description and making known unto him the contents thereof at 33 North 2nd Street. Harrisburg.Pa. So answers: lR. Lotwick. SherilTDauphin County, PA R, Thomas Kline, Sheri IT who being duly sworn according to law. says he made diligent search and inquiry for one of the within named defendants to wit: Sheila C. Toland. but was unable to locate her in his bailiwick. He therefore deputized the Sheri IT of Dauphin County, to serve the within Real Estate Writ Notice Poster and Description according to law. Dauphin County Return: and Now January 12, 1998 at II :06 AM served the within Real Estate Writ Notice Poster and Description upon Toland Sheila by personally handing to Sheila Toland I true and attested copy of Real Estate Writ Notice Poster and Description and making known unto her the contents thereof at 1925 North 7th Street. Harrisburg, Pa So answers: J,R. Lotwick SherilTofDauphin County, PA, R, Thomas Kline. Sheri IT, who being duly sworn according to law, says he served the within Real Estate Writ Notice Poster and Description in the following manner: The Sheri IT mailed one of the within named defendants to wit: Real Estate Investments Inc, a notice of the pendency of the action by Certified Mail RESTRICTED DELIVERY DELIVER TO ADDRESSEE ONL Y to their last known address 33 North 2nd Street. Harrisburg, I'a ] 7\01.This letter was mailed under the date of January 7. 1991l and the return receipt card signed by signature unreadable on January Il, 1991l, Return n:ccipl card is hereto attached, R, Thomas Kline. Sheritl'who being duly swom according to law says hI.' served the within Rcal Estate Writ Notice Poster and Description in the ti,ll1owing manner: The sheritl' mailed to one of the within named defendants to wit Sheila l'. Toland a notice of the pendl.'ncy of the action by Certified Mail Retum Receipt n:quesll-d RESTRICTED DELIVERY DELIVER TO ADDRESSEE ONLY TO HER l.AST KNOWN ADDRESS 1925 North 7th Stfl.-et. Harrisburg. PA 17\02, The letter was retumed to the Sheritfs Ollice on January 23, 1991l with reason checked RETURN TO SENDER, The letter is hereto allach~-d unopened, Timothy Reitl, Deputy Sheritl'who being duly s\\om according to law. says on January 7. t991l at 1l:40 I',M, he served l1lme copy of Rel11 btate Writ Notice Poster and Description in the above enlitled action upon the Terre Tenant Phil I hlftinan. hy handing toPhilllotlinan at 3301 . Market Street. Its contents and at the same time handing to him personally the said true and attested copies ofthe same 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 one Df the within named defendants to wit: Real Estate Investments, Inc. a notice of the pendency of the action by regular mail to their last known address 33 North 2nd Street, Harrisburg, PeMsylvania. The letter was mailed under the date of January 23. 1998 and never returned to the Sheritrs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law. says he served the within Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action tD one of the within named defendants tD wit: Sheila CV. Toland tD her last known address 1925 North 7th Street, Harrisburg. Pennsylvania. The letter was mailed under the date of January 23, [998 and never returned to the Sheritrs Office. R. Thomas Kline, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed at public venue or out ery at Court House Carlisle, Cumberland County, Pennsylvania, on March 4, [998 at 10:00 o'clock A.M,E.S,T.. and sold the same for the sum aU 35,000.00 to John Harbilas and Kathryn Harbilas wife, their heirs and assigns. It being the highest bid received for the same John Harbilas and Kathryn Harbilas their heirs and assigns. being the buyer paid toR. Thomas Kline the sum of $ 1500.3 [, it being sheritrs costs, Sheritrs Costs Listed below. Sheritrs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Certified Mail Levy Surcharge Legal Search Law Joumal Patriot News Share of Bills Distribution of Proceeds Sheritrs Deeds Mileage Bad Check 30.00 700.00 [5.00 [5,00 30,00 10.00 .50 1.00 9.25 15,00 6,00 150,00 196,25 176,40 25.31 25,00 25,50 18,60 2ll.OO $ 1468,81 pd by plaintill' 3-4.98 So answers: R, Thomas Kline. Sheriff f'...-C~,.... ~.; .~A.;.J - By enl Estate Deputy Sworn and Subscribed To Before Me This ..J1.-DayofO~.:P , 1998, A.D. Ct.., () '1.. n, ,~, ~ tjO'(,l} ~ ~ I \, cJt- 1..0(,.0" ftu- (.50J) , -- Credit Writ No 95-4984 Civil Term John Harbilas and Kathryn Harbilas $ 33,649.69 SCHEDULE OF Distribution Date filed April 3, 1998 Writ No 95-4984 Civil Term John Harbilas and Kathryn Harbilas -vs- Real Estate Investments, Inc. and Sheila C. Toland 3301 Market Street Camp Hill, PA Date of Sale March 4, 1998 Bid Price: $ 35,000.00 Buyer: John Harbilas and Kathryn Harbilas Real Debt Attorney Writ Costs $ 28,600.00 72.00 $ 28,672.00 1,500.31 1,350.31 150.00 0,000.00 Total Amount Collected Sheriff's Costs Legal Search Distribution: SO ~,.HY ~ r ~-r-,"r- "lit R. Thomas Kline. Sheriff By fdtnu ~zt- ea1 Estate Deputy . . , TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLlCY UNLESS SATISFACfORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED, SHERIFF SALE NO. 16 Held Wednesday, March 4, 1998 Date: March 6, 1998 TAXES: Receipts for all taxes fDr the years 1995 to 1997 inclusive, Taxes for the current year 1998, MORTGAGES: Listed Under Other Exceptions BeIDW. JUDGMENTS: Listed Under Other ExceptiDns Below, INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 1998, and recorded . 1998. in Cumberland County Deed Book . Page RECITAL: Being the same premises which James S. TDland and Sheila C, Toland by their deed dated NDvember 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "K", Volume 35, Page 718. granted and conveyed to James S, Toland and Sheila C, Toland, husband and wife, The said James S, Toland having died on December 10. 1991, title to the same remained vested by operation of law solely in his surviving spouse Sheila C, Toland, OTHER EXCEPTIONS: I , The identity and legal competency of panies at the closing of this title should be established to the satisfaction of the closing attomey acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner, 3, UnrecDrded easements, discrepancies or conflicts in boundary lines, shonage in area and encroachments which an accurate and complete survey would disclose, 4. Payment of State and local Real Estate Transfer Taxes, if required, 5, Building and use restrictiDns and conditions as shown on Plan of Rupp Tract recorded in Plan Book I, Page 14. and Stonn Water Drainage Easement Agreement between BDroUgh of Camp Hill and Paul C, Moomaw, et al., recorded August 25. 1981. in Miscellaneous Record Book 271. Page 819, with Right-of-Way Plan recorded in Right- of-Way Plan Book 7, Page 13, 6, Public and private rights in the roadbeds Df Market Street and Chestnut Street. 7. Satisfactol}' evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale, 8, Delinquent real estate taxes. 9, Judgment in favor of AMa J. Clarkson against Sheila Toland dated August 26. 1992, and recorded August 31. 1992 to No, 3086 Civil 1992 in the amount of $10,000.00, which judgment was assigned by the executors of the Estate of Anna J, Clarkson to Purcell, Krog &: Haller by instrUment dated June 7, 1994, 10, Judgment in favor of Central Dauphin School District against Sheila C. Bell. also known as Sheila C, Toland, filed on December II. 1992. to No. 4343 Civil 1992 in the amount of 51,180.41. II. Mortgage given by Sheila C. Toland to John and Kathryn Harbilas dated April 6, 1994 and recorded April 13. 1994. in Mortgage Book 1206, Page 70 I. in the amount of 526,000,00. Complaint in ~ortga,e Forecloslll'C was filed to No, 1995-94874 by John Harbalas and Kathryn Hllblles lI&lUnst Real Estate Investment. Inc., and against Sheila C. Toland which was filed on September 20, 1995. (2~b;: '?-:> Robert M, Frey, Agenl f NoLC: This Tille Repon shall nol be valid or binding until eounlmigned by an aulhorized signalOry, 13, Complallll In CljUIlY Hied III j,", 1'J95-uJuu" I.) j,,;..; ;::,...... :.., - .........., Plainlufag.lin,: Shdia C, TullUlU Wlddl \\,1\ Idee" JUlie' 2, ) <)'),;, 14, Judgment in favor Df Paul J. Karagiannis against Real Estate Inveslments, Ille.. liIed on July 30, 1997 to No. 1997-04145 in the amount of $30,000,00. IS. Real estate taxes accruing on and aller July I, 19911, nol yel due and payable, R&\L ESTATE lW.& KO. 18 Wrll No, 95.4984 CMl John HlUbll.. and Kathryn Harbllaa va, RuJ !alale Invulmenla, lne, and SheUa C, Toland Ally.: BNce foreman ALl. 11iATCERT....N 101 oCground alluate In the Borough oC Camp Hili, Counly oC Cumberland and Com. monwealth or Pennsylvania, more panlcularly bounded and deacnbed u rollows. to WlI: On the north aide by Market Street: on the eaal by LoI No, 2 on a Plan oC Lola herelnaller menUoned: on the IOUth by Cheatnul Streel and land now or laic or EUzabeth Spain: on the weat by the wntem halr or LoI No.3, now or late or MalUe S, Weakley, CO/(J'....NINO OOy (50) Ceet In front on Marl<et Street and extendlnjJ back an even Width or ~ hundred (300) reet to Cheatnut Street and land now or Iale or ElIzabeth Spain, BE/NO the eastem half oC Lot No, 3 on a Plan oC Lola known u Ropp Tract which la reconIed tn Plan Book No, I, Page 14, HAVlNO thereon erected a double two and one-half atory brick dwdllnjJ house house numbered 3301 Nuket StreeL BE/NO the .....e PremJaea which Jamea S, Toland and Sheila C. To- land by deed dated N_mbel' 21 1991 and recorded tn Deed Book'ar Volume 35, !'age 718, IlJ'UIled and conveyed unto Jamea S, Toland and Sheila C, Toland. The said James S Toland died on the 10th day oC De: cember, 1991, ,\ ~ .... . . " . . . .. . 12 ;:.::..~,~e;J( 1l: fl1:,c: _. ':':::_~';' :'..mia PDwer and Light Company against' .1eila C, Toland, Shiela C, Toland and Sheila Betz filed on July 12, 1994. to No. 1994-3778 in the amount of $4.305,29, 13, Complaint in Equity filed to No. 1995-03008 by Real Estate Investments. Inc,. Plaintiff aaainst Shelia C, Toland which was filed on June 2. 1995, 14, Judgment in favor of Paul 1. Karagiannis against Real Estate Investments, Inc., filed on July 30, 1997 to No. 1997-04145 in the amount of $30.000.00. IS, Real estate taxes accruing on and aftcrJuly I, 1998, not yet due and payable, IlUI.ISTAft ULa NO, 1. Wt11 No, 9lH984 CMI John lIubU,. and Kallny" HarbIIa, .. Rulltalalt '.......m.nta, ,... and Sh.II, C Toland Ally Ilnor. fo...man AU TIIAT n:UTAlN 101 01 Kround .,!tuatr In lhf' HomuIJ,h o' C.unp HtIt (mmty of Cumh('rl,\Od 1"\' Com. nlt>nw".llh 1" "rIHl..,I\'''''I.. ",orp (?~J.n ~ Robert M. frey. Agent r NoIc: Tbi5 Tille Repon shall nOI be valid or bindlDll unlil cllIInlCrsi,ned by an authorized si,nalory, . . .. ~he~lff.atf/civll.11t/BDF JOHN HARBILAS and KATHRYN HARBILAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.95 - 4984 CIVIL REAL ESTATE INVESTMENTS, INC, a Pennsylvania Corporation and SHEILA C. TOLAND, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Sheila C. Toland 3301 Market Street Camp Hill, PA 17011 AFFIDAVIT PURSUANT TO RULE 3129 BRUCE D. FOREMAN, attorney for JOHN HARBILAS and KATHRYN HARB I LAS , Plaintiffs, in the above-captioned 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 3301 Market Street, Borough of Camp Hill, Cumberland County, Pennsylvania: 1. Name and address of Owner(s) or Reputed Owner(s): Real Estate Investments, Inc 33 North 2nd Street Harrisburg, PA 17101 2, Name and address of Defendant(s) in the judgment: Sheila C. Toland 3301 Market Street Camp Hill. PA 17011 Real Estate Investments, Inc 33 North 2"" Street Harrisburg, PA 17101 - " . " Name and address of the last recorded holder of every mortgage <,[ record: John Harbilas and Kathryn Harbilas 817 Mandy Lane Camp Hill, PA 17011 ,1. Name and address of every other person who has any record i~terest in or record lien on the property and whose interest may ~c affected by the sale: Borough of Camp Hill 2145 Walnut Street Camp Hill, PA 17011 PP&:L c/o Arthur Feld, Esq. 1309 Bridge Street New Cumberland, PA 17070 Camp Hill School District 100 South 24~ Street Camp Hill, PA 17011 Paul J. Karagiannis 803 Old S. Silver Spring Rd. Mechanicsburg, PA 17055 County of Cumberland 1 Court House Square Carlisle, PA 17013 John W. Purcell, Esq. Executor of the Anna J. Clarkson Estate 1719 N. Front St. Harrisburg, PA 17102 Central Dauphin S.D. c/o Arthur Kusic, Esq. 4201 Crums Mill Road Harrisburg, PA 17110 Name and aaaress of every other person of whom the Plaintiff knowledge who r,as any interest in the property whieh may be reeted by the sale: I verify t~at ~he statem0nts ~n this A~tida\'it are true and 'rect to the bes::. of my pel':3c,.na.l knowledge 01' information and . ief. I u:1i~rE::and t}:a.t t:tlse statements herEin are made ;,jeet to the renalties of 18 Fa, C,S, Secticn,~904 relating to WO;;;~l;~~l'" "'''~'''~3tt'j, . / " ; I I I ( BRUCE D. FOREMAN. ESQUIRE I " ' , I f,lI hd,I'h,I.lJ1dfd/ fell..ldL"/ I e"I.".I/LLl': All. TIIAT CERTAIN lot of ground situate in the Borough of Camp Hill, County of CUll11wrland and Commonwealth of Pennsylv.lnia, mure particularly bounded and des....ib..d as follows, to wit: On th.. north side by Market Street; on the cast by Lot No. 2 on a Plan of Lots hereil1aiter mentioned; on the south by Chestnut Street and land now or late of Eliz.lbeth Spain; on the west by the western half of Lot No, 3, now or late of Mattie S, We.l\..l..\', CON rAINING fifty (50) feet in front on Market Street and extending back an even width of three hundred (300) feet to Chestnut Street and land now or late of Elizabeth SpJin, BEING the eastern half of Lot No, 3 on a Plan of Lots known as Rupp Tract which is recllrded in Plan Book No, 1, Page 14, HA\T\IG thereon erected a double two and one-half story brick dwelling house nUll11'\.'red 3301 Market Street. BEH\G the same premises which James S, TolJnd and Sheila C. Toland by deed dated N'l\'L'lI1ber 21, 1991 and recorded in Deed Book "K" Volume 35, Page 718, granted and Clll1\l'\'ed unto James S, Toland and Sheila C. Toland, The said James S, Toland died on till' Wth day of December, 1991. ... ::',,'fl!t. oltClClvt 1.11 t Illt,r JOHN HARBILAS and KATHRYN HARBILAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO.95 - 4984 CIVIL REAL ESTATE INVESTMENTS, INC, a Pennsylvania Corporation and SHEILA C. TOLAND, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 7,:l,KE NOTICE: That the Sheriff's Sale of Real Property (real estate) will f_e held: DATE: TIME: LOCATION: Sheriff's Office Cumberland County Court House 1 Court House Square, Carlisle, Pennsylvania THE PROPERTY TO BE SOLD is delineated in detail in a legal ';escription mainly consisting of a statement of the measured :,')undaries of the property, together with a brief mention of the :,'lildings and any other major improvements erected on the land. SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 3301 Market Street Borouqh of Camp Hill Cumberland County THE .JUDG~lE~; lnder 0:' rllrsu,lnr to whil'h your property is ."lng sold is d::~:~~~~"i lt~ r::e \oJ!.thl;l t~Qrn.rnon\';f7"lth dnj County to: NO. 95 - 4984 . THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is (are): Sheila C. Toland and Real Estate Investments, Ine 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 obtained from the Sheriff of the Court of Common Pleas within County at the Courthouse address specified herein, may be of the THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT BAS 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: WRIT OF EXECUTION and/or ATTACHMENT , . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 95-4984 CIVllXHI CIVIL ACTION. LAW TO THE SHERIFF OF Cl:rnber land COUNTY: To satisfy the debt, interest and costs due John Harbilas and Kathryn Harbilas PLAINTIFF(S) from Real Estate I nvesbnents, Inc., a Pennsylvania Corporation and Sheila C. Toland 3301 Market Street, Camp Hill, PA 17011 DEFENDANT(S) (1) You are directed to levy upon the property of the delendant(s) and to sell clease see leQal description (2) You are also directed to allach the property 01 the delendant(s) not levied upon In the possession 01 GARNISHEE(S) as follows: and to notKy the gamishee(s) that: (a) an allachment has been issued; (b) the gamishee(s) is/are enjoined lrom paying any debt to or lor the account 01 the delendant(s) and from delivering any property of the delendant(s) or otherwise disposing thereof; (3) II propertyolthedelendant(s) not levied upon an subject to allachment is found In the possession of anyone other than a named garnishee, you are directed to notKy himtherthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due $28,600.00 Interest Any's Comm Ally Paid 572 . 00 Plaintlll Paid % L.L. $.50 Due Prothy $1. 00 Other Costs Date: December 9th, 1997 Lawrence E. Welker Prothonotary, Civil Division by: l....,-A. ,\ \\\1......\,\\,..;:\ ',~~ Deputy REQUESTING PARTY: Name Bruce D. Fbranan. Esq. Address: ]2 07 North Front Street Harrisburg, PA 17110 Anomey lor: _ Plaint iff Telephone ..,_'71)-J]~~}2L Supreme Court 10 No ,<'JJ.91 . ' . "I 1 :_i ~ l-. ESTATE SJ\LE No, / t. . \.': ~ ,.. . .L!/t""~ >>d~"'J 'I I? 'i I I tn", r.-\,,,,,,,,' ...... ;:' "i,' ...... ",< . o. .~,. ...J,.... t.. , . ...' . q.. ..II LI.". . 'I.",. _. '.,..,M~. :" 1"-" '''''.1 r""''''',1V '''It..,~,.! ;" /l ,d '. ",}' f; .,' .... \.~., .f.. ......,.. i7 j""'l;...... ::. .l (\_ ut.,:.. ~",X4.. I . " '.. I ......,'~..;; f,,,\ lJl1t""~I"~" '.. . .:1 '1..., fl. .\1'-,. t " o' :: ,) J/l.L__ q)J(u i,1. if , I ...,.,.....;': (lj'I'lt,' _. ;,- I. {~I; ',# . I ~: ..::,'. ". "; ~~" : 1....ll..'r/..; " \ . of ,~.: , - . .' 'i '5 fc"Jr"'j( ,., ,.. ..j l.it '~"04.;V . " , .; : :'~j-€:in. ,,~---- d -!!.o-.!..~'- ?, I '1'J 7 . CViJ ~ ~ !Nil c:::J 0 ,.,,,, - ~ -.... '. >-:,,,; rr. ~ :4." -.- J .... to ~ &: <1'1 ~ g: "';' :'t -. - ," . ~ " .. n :;. REAL ESTATE SALE 1\0 16 Any, Bruce Foreman S 1.000,00 Advance Costs Paid Assessed Valuation S 6,420.00 WRIT 1\0, 95-4984 Civil Term john Harbilas and Kathryn Harbilas Real Estat~SInvestments. Shelia C. Toland 3301 Market Street .. C~mp Hill" PA Inc. and REAl. DEBT r.\TEREST A IT'S FEES \\"RIT COSTS A ITY ESCRO\V LATE CH.-\RGE SHERIFF'S COSTS Docketing Poundage Posting Bills A,h'ertising Acknowledging Deed Auctior.ee~ Law Library C oumy ~lile:lge Ce:-: ~[:lil LeI:' Postpone Sale Sur;:harge Dauphin County Lepl SeJ.:;:h AD\"ERTISr.\G: l:! \\' 10 urnal Patriet Sbre of Bills Distribution of Proceds S:~e~ii;-s Deeds slf1i.~ Bad Check 28.600.00 72.00 30.00 700.00 15.00 15.00 30.00 10.00 .50 1.00 18.60 9.25 15.00 6.00 31. 50 150.00 196.25 176.40 25.31 25.00 25.50 20.00 P~. TrJ:isfe:- Tax T',\; or 81)['} Tr:ll1;~c Ta, V.XES 1997 School 1998 Co Lib Boro & Fire/Amb Tax Claim Bureau Sewer 1.122.86 430.78 5.648.57 429.00 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 5117. approved May 16, 1(29), p, L,17114 STATE OF PENNSYLVANIA : SSe COUNTY OF CUMBERLAND : Roger M. Morgenthal. ~qulre, 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 BOIough of Carlisle in the County and State aforesaid, was established January 2, 1952. and designated by the local courts as the official legal periodical for the publication of all legal notices. and has, since January 2. 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates. viz: JANUARY 30. FEBRUARY 6.13.1998 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. a&AL DTAft UU NO. II Writ No, 95,4984 CMI John Harbllu and Kathryn Harbllas Roger SWORN TO AND SUBSCRIBED before me this --1l-dayof FERUARY. 1998 YO Rtal ESlatt In\'t'sunr-nlS. Inr. and Sh.1Ia C, Toland Any.: "ruN' fol't"man ALL 11{AT CERTAIN lot of ~Ilnd slllla.. In th. IlorollW> of Camp HU!. County of Cunlbrrland and Com n\onwrallh of PrnnsylV'olnta. morf' pank"Illarlv bollndrd and d.....rihffi as folloW5. to wit On lht" nonh 11dr~' MarlLrt SUl"'f'I:. on tht rast hv l.ot So 'J. on a l'tan 01 Lnts htrrtn.,fttf mrnllonffi. on tht ~lHth h\' ('hroBln1l1 Sm'''t And land now Of I.\le" 01 Elu..,hrlh Spdln. on tht Vo'r~t iw Iht" ,,'r~tf'rn h.lIt ot LoI St) :.4 no..... en lour 01 MdtUt S. Wto1lUt~. NO! 101$ f SNron, _ry ...... c._eo"" C.ool>_1Od '-'t, p" '"" C__ lo..... "",..h, 21101 \: THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No 587 Aoorovlld Mav 16 1929 Commonweelth 01 Penneylnnle, County 01 Deuphln) e. Frank J. Epler being duly sworn according to law, deposes and says: That he Is the Controller 01 THE PATRIOT-NEWS CO" a corporation orgenlzed and exlating under the laws 01 the Commonweelth 01 Pennsylvania, with Its principal office and place 01 buslneas at 812 to 818 Market Street, In the City 01 Herriaburg, County 01 Deuphln, State ot Penn.ylvanla, owner and publl.her of THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspeper. of general circulation, printed and published at 812 to 818 Market Street, In the City, County and Stale aloresald; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were eatabllshed 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 dally and/or Sunday and Metro edltlonslissues which appeared on the 3rd, 10th and 17th day(s) of February 1998, That neither he nor said Company Is Interested in the subjec1 matter 01 said printed notice or advertising, and that all 01 the allegations 01 this statement as to the time, place and character of publication ere true; and That he has personal knowledge 01 the lacts aforesaid and is duly authorized and empowared to verify this statement on behalf 01 The Patriot-News Co. aloresald by virtue and pursuant to a resolution unanimously paased and edopted severally by the stockholdera and board 01 dlrec10rs of the said Company and subsequantly duly recorded In the olflce lor the Recording of Deeds In and for IBid County of Dauphin In Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY SA L E .16 25th da~;.~~~~u.i~t~ ;9;. v ~_ 17'b" LC Jct..#""'-- I NOTA~Y PUBLIC -.??- (~=-:~ e I . '. 'I' ,,' ' PublIC l;tlY'l.~".....r~ tUl1'.....9, DaJlIIIlI..,.. ,_ IoIyCool'__EJOlNI' , /Iw ~=iSSion expires June 6, "I~ ~ 1998 CUMBERlAND CXll.NTY SHERIFFS OFACE OCUITIOJSE CARLISLE, PA. 17013 m~r~ In the Canll ,. Co= CurnbeIIald. moot Iaty boI.nded <II 10 'ftll: ()l the north iklI !lI' MarIosI SlIIet on the east by tot No, 2 en 0 FIcn 01 lois he!eMffel n 180 ,110I oed. en .... IOUlh bv Ches1nJl Street cn:llclld now orlafe 01 EII2abe1ll 5pol1; en the ... bv .. .... ~ half of lot No, 3. now orleR 01 Mol1la J =NNG """ ISl\ _ In fInnI M Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO" publlahllr of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circuletion, hareby acknowledge recelpt of the atoraaald notlca and publication coat. and certifies thaI tha IBme have been duly paid, THE PATRIOT-NEWS 00, To THE PATRIOT.NEWS CO" Dr, For publiahlng tha notice or publication attached hereto on the above ststed dates $ Probating same (1) Notary Fee(s) $ ~~ $ 174.90 1,50 176,40 By...."'..,.,......"".."'..,..".."......"'.......,......,......