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PYS510
1997-02341
Cumberland County Prothonotary's Office Page
Civil Case Inquiry
AVSTAR MORTGAGE CORPORATION (VS) WELLS JOSEPH LEE ETC
2
Reference No..: Filed........: 5/05/1997
Case Type.....: COMPI,AINT - MORT FORE Time. . . . . . . . . : 16: 08
Judgment......: 74540.42 Execution Date 10/14/1997
Judge Assigned: Sat/Dis/Gntd.. 0/00/0000
Jury Trial....
Higher Court 1
Hiaher Court 2
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THOMAS I. PULEO, ESQUIRE
Identification No. 27615
1710 Walton Road, Suite 206
Blue Bell, PA 19422
(610) 941.6050
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
A VST AR MORTGAGE CORPORATION
: No. 1997-2341
v.
JOSEPH LEE WELLS nlk/a
JOSEPH L. WELLS
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above captioned matter for service upon defendants.
I THOMAS I. LEO
Attorney for Plaintiff
ir: to C~
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10\ 8Glen
B&R
· Court Filing
235 SOUTH 13Ut STREET
Services for Professionals Inc.
· Process Serving. Court Reporting ·
PHILADELPHIA, PA 19107 215-546-7400 FAX: 215-985,0169
Date: June 11, 1997
Postmaster
CAMPHII,L. PA 17011
City, State, ZIP Code
Request for Change of Address or Boxholder
Information Needed for Services of Legal Process
Plense furnish the new address or the nome ond the slreet address (if a Boxholder) for the following:
NAME: JOSEPH L. WELLS n/k/a. JOSEPH LEE WELLS
ADDRESS: 705 ERFORD ROAD CAMPHllL PA 17011
NOTE: The nome ond Inst known address ore required for chonge of address infonnation. The nome, if
known, ond post office box address ore required for boxholder infonnation.
The following information is provided in accordance wiOI 39 CFR 265,8(d)(6)(u), There is no fee for providing
boxholdcr information, The fee for providing change of address information is waived in accordance wiUt 39 CFR
265,6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b.
I. Capacity of requester is a process server.
2. Statulc or regulation that empowers me to serve process is P.R.C.P. 400,1.
3. The nomes of all known porties to the litigation: Avstor Mortgage Corp. Vs. Joseph Lee Wells
4. The Court in which the cnse has been or will be heord: Cumberlond CCP
5. The docket or other identifying number if one has been issued: 97-2341
6. The capacity in which this individual is to be served is a defendont.
WARNING
TIlE SUBMISSION OP PALSE INFORMA'nON TO OSTAIN AND USE CIIANOE OF ADDRE5SINFORMATION OR BOXlIOLDER
INFORMATION FOR ANY PURPOSE OTIlER TIlAN TilE SERVICE OF LEGAL PROCESS IN CONNECTION wml AC1UAL OR
PROSPECTIVE unGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 410,000 OR IMPRISONMENT
OR t2) TO AVOID PAYMENT OF TIlE FEE FOR CIIANOE OF ADDRE5SINFORMA TION OF NOT MORE TIlAN S YEARS. OR BOrn
(11TLE 18 U.S,C. SECTION 1001)
I CERTIFY TIIATTIIE ABOVE INFORMATION IS TRUE AND TItAT TIlE ADDRESS INFORMATION IS NEEDED AND WIll. BE
USED SOLELY FOR SER CE OF LEGAL PROCESS IN CONNECTION wml AC1UALOR PROSPECTIVE unOATION,
235 South 13th Street
Address
Michele Dalv
Printed Name
Phll.deIDhl.. PA 19t07
City, Slate, ZIP Code
FOR POST OFFICE USE ONLY
.:Jt No chonge of address order on file. NEW ADDRESS OR BOXHOLDER'S POSTMARK
_ Not known at address given, NAME AND STREET ADDRESS
_ Moved, len no forwording address.
_ No such address
or that his whereabouts are unknown.
Rule 410(c) of the Pennsylvania Rules of Civil Procedure provides that where service is
made pursuant to a special order of service the Court shall direct one or more of the following
methods of service: (I) publication as provided by Rule 430(b), (2) posting a copy of the original
process on the most public part of the property, (3) registered mail to the defendant's last known
address, and (4) such other methods, ifany, as the Court deems appropriate to give notice to the
defendant.
A good faith elTort having been made to ascertain the whereabouts of the defendant, it is
respectfully requested that this Honorable Court enter an Order directing service upon defendant
by posting the premises and by ordinary mail and registered mail to the defendant' s last known
address as provided by the Pennsylvania Rules of Civil Procedure,
."".ctfu 'y.mbm;U", )
~/1t4' , ',L
THOMAS I. PULEO
Attorney for PlaintilT
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SIlEIHFF'S rn:TIJRN - NOT FIlUND
CASE Nil: 1~~~-02811 P
CIJMMIJNW~:^I.TIl IW P~:NNSYLV^N!A:
CIJIJNTY IJF CUMIl~:R1.AND
AVSTAR MIJR'~,GAG,~: CORPORAT[QN
VS.
\II~:I.,I.,~..,_-!Q!ir~.I'H I.~:~: ETG
Shariff's Costs:
Docketing
Service
Affidavit
Surcharge
113.00
113.60
.00
2.00
$~8.b0 TIIOMAS PUL~O
06/04/1997
_R.... .ThomJlB,.K.l:!.ne__...._______,......, Sheriff, vho being duly svorn according
to lav, says, that he made a diligent search and inquiry for the vi thin
named defendant, to vi t: W~:LI.S JIlSEPH LE~: A/KIA JIJSF:PH
, ,J,...W~:I.I.S,
but vas unobl~ to looote Him
in his boilivick. Ha tharefore returns
the f.:,9l'!P'!.A,1;!-1L..- MIlRT FlJn~:
NIlT.! C~:
NIJT FIJUND".J os to the vi thin nQml?d defandant
W~:I.f.S JI)S,F:I'!LI,~:t:_A/K/ A JIJSEPH L WELI.S
TWELVE AITr:MPT:,AT SI':RVICE W.EnE M^D~:. W~: COUI.DN' T,
r.IJ,I;^n: _QEFLIl~:FOflr:...P.!!!'~:..R. ,EXI'[R~:.D. .
Svorn on~sUbscribe9-to before me
this _ 'I '.. doy of "-I~
19 'i LA. D.
_'~LJ<- 1;. )I,t..a...... ^'Y'7
'-/, P"~.othonotarly
3. On the 23rd day of November, 1994, the above named mortgagor made, executed and
delivered a mortgage upon premises hereinafter described to AVSTAR MORTGAGE CORPORATION,
the plaintitTherein, which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland
County in Mortgage Book 1243 page 794.
4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and
made a part hereof.
5. The mortgage secures defendant's certain Note dated the same as the mortgage in the amount
of $65,900.00 payable to plaintitTin monthly installments with interest at the of7.5% per annum. A
copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B".
6. The said mortgage has not been assigned.
7. The mortgage is in default because the defendant has failed to make the payment of the
monthly installment of principal and interest in accordance with the terms of the mortgage for the month
of September 1996, and each month thereafter, up to and including the present time.
8. The following amounts are due on the mortgage:
Principal
Interest at 7.5% per annum from 8/1/96 through
3/31/97 ($13.30 per diem)
Late charges accrued thru 3/31/97 ($23.04/month)
Escrow balance (taxes and insurances) ($127.22/month)
Attorney's fees (5%)
Title information certificate
$64,695.73
3,231.90
161.28
703.96
3,234.79
325.00
Total
$70,944.74
9. The attorney's fee set forth is in conformity with the mortgage and Pennsylvania law and will
be collected in the event the premises are purchased by a third party at Sheriff's Sale. If the mortgage is
reinstated prior to sale, reasonable attorney's fees will be charged based on the work actually performed.
10. On November 25, 1996, plaintiff sent to defendant by certified mail Notice of Intention to
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1I0VEnDER
21
,19"
CAMP HILL
ICIlll
PA
I~Ultl
'705 IRrORD ROAD
CAMP IIILL
1I'lup.I1,A.JJIIIlI
PA n011
1,1I0RROWF.R'S rROMISE TO rAY
In Mum ~t1f a lui1t\ th.u I 1I,lve rCfrlvrlt. I rmmhc In r:1V U.S. ,
-('Irinclp.ln. pIlls inLCICSl.lO the oHler or Lila Lcnt.ler.1llc Lcnllct is
AV.1TAR HORTCAOE CORPORATIon
.llIlukrst\n11
th:u the Lender may transfer thls Note. The Lender or anyone who Ukcs Lhis Note by lr311sfcr ami who iJ (milJed 10 rxcivc
p'ymcnlJ under this No.. I. c:l!lc.J the "No.. Holder."
1.INTt:m:ST
InLel. \I "III be th.uged on unpaid pnncipal unul Lllc lull amuunl ulllllll~llf.1IIlJJo lM.:ul..uJ. i v..ii .'''1 l"I....~l.l1 '" J':"':'
nLeOr 7.500 1-'.
llle in:ere,,' ri!.lc fCA)uircd by lhis Section 2 b !.he ule I will (lJY hulh berore :,"11 urler IlI1Y dcr3ul1 described in Section
6(0) Or this Nlllc.
3,1'.1. YMENTS
(A) Tim. and rim or raym.nls
I will pay prlncip:l! and Inlt",1 by making paymcnu evuy month.
I will m3l.e my monthly p.ymcnu on the Uti. d.y or C3Ch month beginning on JAlIOARY 01 ,
19 95 . I will make lhc.se IlOlymcnu cvery monlh until I h"ve p3i~ all or lhe principal and inlCrc.st and any oilier ch:u~cs
Ik\Crihed hel0'N th.u I may owc under this Note.. My mon\hly n'ymenu will be Ol"plied 10 Inlcr~t berore nrillcillal Ir on
DECt:lmER 01 20:1:4 .' '" I:. I"'" '
, , .1 ~ull owe illllounb ullJ~r lllls NOle.1 ....IIIIJOIy tho~e .I/l1UIlHli III rull
on tJlal dale, v.hich lJ called the "MalUrity Dalc:
I willUla1.~ my monthly 11aYllIenU 3t 1711 SEIlTRY PARKWAY WEST, SOITE 200
P.O. BOX 3022, BLUE DELL, PA 19422.0708
or at it direcrent plJce ir r~luired by the Nole Holder,
u"oo.oo
(Ihb amollnl is called
(0) Amnllnt or Monthly r.ymenls
My mll,.ll,', payment will he in the amount or U.S. S
4, nORROIU:II'S 11IGIITTll I'Rt:rA Y
I have the righllo make paymcnu or principal II any time berore they are due. A paymenl ur principal only is knuwn as
a "prcpaymelH". When I make a prep3yrnenl,I will tell tJle Nole Hohler in wriung lhall nUl doinb so.
I mJY m"le a rull prepayment or p.:uual prcpaYlllcnu wilhuul paying an)' pre(layment ch;1t~e. TIte Note Hohler will use
;111 or my prCl,..ymenlS to wJuce the;1tnounl or princill.ll tJt:u I owe untlcr this Nol.C. IC (make iJll,1l'Ual prel\l)"melll.lhcrl: will
he no changes in lhe due d:HO or ill Lhe illlluunl or illY Illonlllly paymenl unl..;ss!.he Nlllc Ilul.kr ;J,l:r~ ill wriun~ tu lflOse
c1hlll"."!\
S. 1.\lAN CIIARGES
IC a law. whieh Ipplies 10 Ihis loan and which selS m;uimurn 103" eh3lgeJ,ls finally Interpreted so dl3t the inLcrut or
olher loan ch.uges cnllecloo or tll be colleclCd In connecuon wilh Lhls luan cuccd lfle pcnnllLw IimiLs, then: (i) ;1tlY sUl.h loan
ch3tgc shall he rctluccd by lhc tlfnounl necc.u~ III reduce lflC ch;\l'gc 10 tJle pcrmitlC4l limit; Olml (ii) uny sums ;'IlrC3dy
collected from me which elcwled pcnniucd limiu will be rdun~ed to me. 111e NolO Holder IlIJY choose Iu mi1l.c !.his rdund
b)' reducing Ihe principal I owe under tJlis NolO or by m*ini: a direct pJ)menlto mc. tr 3 rcrund rcdu~es principal, the
reduction will be lrCJtW as a pallial prcp3ymenL
460.78
6. nORROI\'ER'S FAILUR~: TO rAY AS REQUIRED
(A) Lair Charl:e ror Overdue Pa7mentJ
lC!.he Nolc HolJer has not received tJte full amount or any montJlly p3yment by the cnd uf 15 CJlcndu
tl.ty! ..her dll~ d;\to ills due.. will P3Y a late charge In \he Note lIolder. The amount of tJle charge will be 5.00 9b
ulmy mcrJ'lc I'JYlllel1l0r prindp31 ami interoL 1....,lIllay lllis late eh.u~c pllllllptly bill only Oll~e on ~ch l.1\e l'il)'merl.
(II'Her.mll
IIldu flut pay Ihe rull tlfnOllll1 of CJch lTIonlhly )lJymenl on !.he dale il is a1uc.1 will be ill dclauh.
(C) NOlice nr ucr.ult
If I :!.m in dcCauh, lfle Note Jlolder may send me a """finen nauce telling me lhallr I do not IlilY tJle overdue umounl by a
ceruin 11.,: _, lhe NUle i10lder m,IY require me to pOly immCtJialCly lhe ru11 amuunt of pdnci(1.J1 whkh has nol been paid and all
lilt inlcfCjllhallnwe on dlat ;ul1ounl. TIlat J.11e 1l11lS! be at least 30 daY:I aller lilt dale on ....hieh lfle nutice is IIe1ivercd or
llIailcll tUlTll'.
(0) Nn Waiver I\y Nnl.lluldlr
Even ir, al a time when I am in JcCauh. the l'Ole lllJltlcr does not require me 10 PJY immediately in rull :I.S Jescribcd
ilbovc,lhe Note IlolJer will still have the right 1.0 do so if 1 alll in ddaultal a later ume.
(E) rll) mrnlur Nolr lIohlrr's e"sl, and ElPtnSU
II tJte l'oute lIulJer has rCttuircd ml: tn !lay imlll~~hJtdy in rull as dcscllbcJ above. die Nole Jlolder will II;!.\'.: the righllo
l-.c paid bJcl by me ror .111 or iu eo~U ilnd Clpcn)CS in enrorcing lflis NUl': lu the Client not prohihilCtl by 3JlllliC41ble law.
lllmc e"pauses indtuJc, ror e";1I0(11.::. 1c.1\ulIJhlc :!.t111meys' rees"
7, GIVING ot' NOTlCICS
l'nlus .lllpliCo1hle I.JW rCtluire.s a different metJlod, any nouce \hat musl be: given to me umkr lhl! Note will bcgiven by
tldivcring it or by mai1inC il b)' (jut c1.w 11\31110 me 01.1 the Propclly Addr~" Oioove or al a llilleu:nl a(Mrcss ir I give lhe Note
lIolJer a nllut.:e of my Jirrerent address. f
Any nlluce that must be elven 1.0 lhe Note Holder under this NOle will be given by mailing il by fiut class mall to the
Nole lIo1d.:r :It lfle adJrc.u: SIJIW in Secuon 3(A) above or at iI dirfucnl addlcss Ir I am given a natke or lflal Jirfercnl
illlllrC1s.
.
.
170011S101
1111 OlOHSll
,..,..Utlllln
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I~.I,I,: <fJ~
EXHIBIT B
WVLllnAUHUDfllIlHon.11f
1-1/25/96
P ~a755059
(.~I.
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Cer~ified Mail No:
" .
,. NOTICE OF INTENTION TO FORECLOSE AND ACCELE~7E LOAN BALANCE
Under Section 403 of pennsylvania Act No. 6 of 1974
JOSEPH L. WELLS
705 ERFORD ROAD
CAMP HILL, PA. 17011
RE: Loan: 7001757
Mortgaged premises: 705 ERFORD ROAD
CAMP HILL, pA. 17011
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises or is the mortgage service agent for such holder (Herein referred
to as we, us, or ours).
As of the date of this notice, THE MORTGAGE IS IN
you have not made the monthly payments as listed;
as indicated below:
Payment: 09/96 through 11/96
Late Charges
Unapplied Balance Credit
The total amount now required to cure this default,
or in other words, get caught up with your payments
as of the date of this letter, is
SERIOUS DEFAULT, because
and/or for other reasons
1764.00
69.12
103.96
1729.16
You may cure this default within THIR7Y (3C) DAYS of the date of this
letter, by paying to us the above amount plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be ~ace either by cash, cashier's check, certified check or
money order, and made at, or sent to: 1777 Sentry Parkway West, Dubiin
Hall, Suite 200, Blue Bell, PA 19422.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately, and you may lose the chance to payoff the original mortgage in
monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct our attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is fore-
closed, your mortgaged property will be sold by the Sheriff to payoff the
mortgage debt. If we refer your case to our attorneys, but you cure the
default before they begin legal proceedings against you, you will still
have to pay the reasonable attorney's fees, actually incurred, up to
$50.00.
EXHI~IT C
l;'ag:= 2
11/25/96
(i.
Q
However; if legal proceedings are started aganist you, you will have to
pay the resonable attorney's fees even if they are over S50.00, Anv
attorhey's fees will be add<ld to '.;h:.::~':~=- J''J'I .,W! us, which may also
include our reasonable costs. If you cure the default within the thirLy-
day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all
other sumti due under the mortg;\'J", If ynl1 have not cured the default
within the thirty-day period and foreclosure procedings have begun, you
will 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 then due, as well as the reasonable attorney's fees and
costs connected with the foreclosure sale (and perform any other require-
ments under the mortgage). It is estimated that the ea=~:cst date th~t
such a Sheriff's sale could be held would be approximately one-hundred
fifty (150) days from the date of this letter. A notice of the date of
the Sheriff's sale will be sent to you before the sale. o.f 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 us at the following number: (800) 447-7880, ext 30. This payment
must be in cash, cashiers check, certified check, or money order and made
payable to us at the address previously stated.
You should realize that a sheriff's sale will end your o~mership 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.
You have additional rights to help protect your interest in the property.
YO.U HAVE THE RIGHT TO. SELL THE PRo.PERTY TO. o.BTAIN Mo.NEY TO. PAY o.FF TnS
~!Q~TGAGE DEBT o.R TO. Bo.RRo.W Mo.NEY FRo.M ANo.THER LENDING INSTITUTIo.N TO. PAY
o.FF THE DEBT. YO.U MAY HAVE THE RIGHT TO. SELL o.R TRANSFER THE PRo.PERTY
SUBJECT TO. THE Mo.RTGAGE TO. A BUIER o.R TRANSFE?~E WHO. WILL ASSUME THE
Mo.RTGAGE DEBT, PRo.VIDED THAT ALL THE o.UTSTANDING PAYMENTS, CHARGES AND
ATTo.RNEY'S FEES, AND Co.STS ARE PAID PRIo.R TO. o.R AT THE SALE, (AND THAT THE
o.THER REQUIREMENTS UNDER THE Mo.RTGAGE ARE SATISFIED). Co.NTACT US TO. DETER-
MINE UNDER WHAT CIRCUMSTANCES THE RIGHT MIGHT EXIST. YO.U HAVE THE RIGHT
TO. HAVE THIS DEFAULT CURED BY k~Y THIRD PARTY ACTING ON yo.UR 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.
Sincerely,
~-,- c;/ 1
7f1v.~0-1~
MARGE TO. H.l\M 'fj-
ASSIST VICE PRESIDENT
Loan Administration
act6
,
"
ACT 91 NUl.!.'-'"
.' .:~ ::-.:':-:-' ,!-;-Tr:" OF HONEOwr-.'~S'
EM~~ENCY MORTGAGE ASSISTANCE ~t.U\.i"",',
PLEASE READ THIS NOTICE.
DATE:
RE:
"LOU W,Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
11/25/96
7001757
TO:
FROM:
JOSEPH L. WELLS
MARGE TOPiWl
You may be eligible for financial assistance 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 d~:~~~~
has been caused by circumstances beyond your control, you have a
reasonable prospect of resuming your mortgage payments, and if you
meet other eligibility requirements established by the Pennsylvania
Housing Finance Agency. Please read all of this Notice. It contains an
explanation 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 must arrange and attend a "face-to-face" meeting with a repre-
sentative of this lender or with a designated consumer credit counseling
agency. The purpose of this meeting is to attempt to work out a repayment
plan or to otherwise settle your delinquency. This meeting must occur in
the next (30) days.
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agency ide~tified in this notice, no further proceeding
in mortgage foreclosure may take place for thirty (30) days after the date
of this meeting. The name, address, and telephone number of our repre-
sentative is:
MARGE TOPHAM, Avstar Mortgage corporation, Suite 200, Dublin Hall,
1777 Sentry Parkway West, Blue Bell, PA 19422.
(800) 447-7880, ext 30
The names and addresses of designated consumer credit counseling agencies
are shown on the attached sheet. It is only necessary to schedule one
face-to-face meeting. You should advise this lender immediately of your
,intentions.
Your mortgaqe is in default because you have failed to pay promptly in-.
stallments of principal and interest, as required, for a period of at
least sixty (60) days. The total amount of the delinquency is $.
That sum includes the following:
09/96 - 11/96 Payments
Late Charges
Unapplied Balance Credit
1764.00
69.12
103 :96
TOTALS
1729.16
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at
EXHIII.rr D
- (8,
~~-
If you h~ve tried and are unable to resolve this problem at or after your
face-to~face mee~ing, 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 one of the designated consumer credit counsel-
ing agencies list~~ nn rh~ ~ttachment. An application for assistance may
only be obtained from a consumer credit counselJ.ng ag~m;y. ;;.<: .:;.:....:;~;,;.:~.
credit counseling agency will assist you in filling out your application
and will submit your completed application to the Pennsylvania Housing
Finance Agency. Your application must be filed or postmarked within
thirty (30) days of your face-to-face meeting.
It is extremely important that you file your application promptly. If you
do not do so, or if you do not follow the other time periods set forth in
this letter, foreclosure may proceed against your home immediately.
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 your application is accurate and complete
in every respect. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives 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.
The Pennsylvania Housing Finance Ager.cy is located at 2101 North Front
Street, P.O. Box 8026, Harrisburg, PA 17105. The telephone no. is
(717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impair-
ed hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6
of 1974. That notice is called a "Notice of Intention to Foreclosure."
You must read both notices, since they both explain rights that you now
have under Pennsylvania law. However, if you ~hoose to exercise your
rights described in this notice, you cannot be foreclosed upon while you
are receiving that assistance.
Very truly yours,
~C-
~ / Yu.~tYf'J --
MARGE PHAM If -
ASSIS VICE PRESIDENT
Loan Administration
The Pennsylvania Housing Finance Agency can be reached TOOL FREE at
1(800) 342-2397.
.,
'I
:.
AFFIDA VIT
CQ:\1~1O!'lWEALTH OF PENNSYLVANIA'
SS.
COUNTY OF MONTGOMERY
MARY JEAN T, TOPHAM, being duly sworn according to law, deposes and says that she is
Assistant Vice President of A vstar Mortgage Corporation, the plaintiff herein; that she is duly authorized
to take this affidavit on behalfofthe plaintiff; that she is fully familiar with the facts in this mailer; that
she has read the foregoing Complaint in MOl1gage Foreclosure, and that the facts contained therein are
true and correct to the best of her knowledge, information and belier.
MAR Y ~I1AN ljTOPHAM 1/
Assistanl-Vice I?resident
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 30thDA Y
OF APRil. , 1997.
I
~/~
NOTARY PUBLlV
r-- - 'C::'::~~ ;r;~ ~:-._..
"..~"t- 'II,.. >.,"""'"".. - -",r' I
I My Gc:r:fT1:"'s..~.::,.xras .~la'j~. 4t'l-:.J
'.:,r;;"'~. p:!;,..,~,~"a'l: /'..!;~I:tIN~ nl ~j'l:"rl?s
Q!'F!/.:- r: ;!I': ~,ll'.:',lrr-
'-':' :;'
M~l Ii 8 02 ~n '91
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.-
THOMAS I. PULEO
IDENTIfiCATION NO, 21DI:J
1710 WALTON ROAD, SUITE 206
lJLUE BELL. PENNSYLVANIA Iw.&a
(6101 ;4'.8050
ATTORNEY FOR
AVSTAR MORTGAGE CORPORATION
1777 Sentry Parkway West
Dublin Hall, Suite 200
Blue Bell, PA 19422
v.
JOSEPH LEE WELLS alkJa
JOSEPH L. WELLS
705 Erford Road
Camp Hill, PA 17011
PLAINTIFF
CUMBERLAND COUNTY
COUR T nF COMMON PLEAS
DH'/S/ON
TERM.
~ 7 - ,),3 4-t
/J.' . "
~J
No.
CIVIL ACTION - MORTGAGE FORECLOSURE
COMPLAINT
"NOTICE
-You ha.... been sued In court. If you wish to defend Igain't Ulo
dalms lot fonh In the folbNlng page., you musll.1ko action wiltlln twonly
(20) day. aftor this complaint and notiCe .r. &eNod. by enl.oring I wrinon
eppearanee poBOnally Of by anome)' und filing In writing with tho court
your defonses or objectiont to tho dainu .ollorth aOllnst you. You 't.
wamod thall' you 'ail to do so Ihe case ~y pl'ocood without you and II
Judgment may be onloted .gillnS! you by the court wllhoul rurthor nobco '01
any monoy daimed In the complaint or rOf Iny other ctaim or roliel
~equostod by the plaintiff. You may Ioso monoy Of' property Of other rights
unportanl 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 cm GET LEGAl HELP,
Court Administrator
4th Floor, CUmberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
"AVISO
-La han demandado I uIle<! en ta corte. SI usted quie,. defenders.
do lulu dOrNnd31 expuosl.lI on lu p~ginas liguionlOl, ualed tione .....:..."
(20) dial. do P~lO al p.1ttir do 1.1 fc~ do ~ demand. y Ia notirtCali6n.
Haco falla asentlr una compntenoa oserila 0 en pti"lonl 0 con un
lbog_dO y enttegllll Ia COM en forma es.erlta IU' dofe"s.. DIU'
obJec:iones alas dllmand.lI on contra do IU pe~. Su ....Isado quo II
uslod no III deflondo, 1.1 corte Wrn.1rit modidal y puede continuat La
demand. en contra .uya ain previo eviso 0 nobl\cedon. AdeIN. II coaM
puodo doddit . 'ilVOf' del domandanto y roqulere quo usled cumpl.1 con
tedeslal provisionos do .,Ia demand.. UslDd puode perdllr dinoro 0 IU'
proplodado. u CUO. d.rodlo.lmporbnlos pa,.. usled.
"LLEVE ESTA DEMANDA A UN ABClGAOO INMEOIATAMENTE, 51
NO TIENE AllClGAOO 0 51 NO T1ENE EL DINERO SUFICIENTE CE
PAGAA TAL SERVICIO, VAYA EN PER50NAO LlAME POR TELEFONO
A LA OFICINA CUYA DIRECCION SE ENCUENTRA E5CRITA AlWO
PARA AVERIGUAR CONDE SE puEOE CONSEGUIR ASISTENCIA
LEGAl,
Court Administrator -
4th Floor, Cumberlarrl County Courthouse
Carlisle, PA 17013
(717) 240-6200
.,
i
:1
DESCRIPTION
ALL THAT CERTAIN tract or parcel of land situate in East PenIlsboro Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the Northerly line of Erford Road (East), which poinc is 84.06 feet East
of the Northeasterly line betwecn Lots Nos, I and 2Y, Block "I", on the hereinafter mencioned Plan
of Lots; thence along said dividing line, North 2 degrees 10 minutes West, ISO feet to a point;
thcncc North 87 dcgrccs 50 minutes East, 37.5 feet to a point at dividing line between Lots Nos. 2X
and 2Y, Block "I", on said Plan; thence along said dividing line and through the center of a
partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly
line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5
feet to a point, the place of beginning.
BEING Lot No, 2Y, Block "I", in Plan No.8, Ridley Park, which Plan is recorded in the Office
for the Recorder of Deeds in and for Cumberland COUnty, Pennsylvania, in Plan Book 16, page 49,
HA VING thereon erected a dwelling house being known and numbered as 705 Erford Road, Camp
Hill, Pennsylvania.
SUBJECT to an eight (8) foot utility easement at the rear of said 101.
TOGETHER with the right in common in and to the party wall with owners and occupiers of
adjoining premises.
BEING Tax Parcel #09-16-1050-166.
.
.
EXHIBIT A
,
, I
: .
J';Vlt..."
NOVKIlBlR
22
,I9U
CAIlP IIILL
lenrl
PA
ISIIIII
705 KRrORD ROAD
CAIlP III LL
1I'lIJp""y""41ml
PA 17011
1.1I0RROWt:R'S PROMISE TO PAY
In rttum ror . loan thai 1 h.lve received, I promise 10 pay U.s. $
-princlpaJ-), plus intaesl.lO the oHler of the Lender.11lc Lemler is
AV3TAR NORTaAOK CORPORATIOII I .. ..
. ulIuerstanu
Lhallhe Lender may transru thu Note. The Lender or anyone who tLkes lhls Note by uandcr wid who Is enlilled lu rxcive
,,"ymenlJ under thiJ No" iJ c:l!1c.J the .No..Holder."
1. INTEREST
Inta.''il \'"111 bcthuged on unpaid principal untillhe full amounl of principal has been ~d. I willllay Interesl al a yearly
ralcof 7.500 .-'.
The InletO'l ra.. required by thiJ Section 2 Is th. ra.. I will pay Ix.th belo". and diet any der,ull described In Section
6(n) 01 this Nu...
3.1'.1. YMEN1'S
(A) Time ..d PIa.. 01 PI)'menll
I will pay princip:l! and Inlet,,1 by making payments .very month.
I will male my monthly paymenlJ on the Unt day or each monlh beginning on JAllOARY 01 .
19'5 .1 will male thc.sc p.ymenlJ every month until I h.ve p.ld.1I or die principal and iUlClOS1 and any other dlarg...
de:.cnhed below thal 1 may owe undu lIIis NOIe. My monlhly payments will be tlppliet.llo Inleresl before prindllaJ. If on
DECCIiDER 01 :Z0:Z4 . ." , '
, , , I 5ull owe amounts umler 1I11s NOle, I Will pay tllOse amuunts In full
on lh.1tdalc, \Iohlch u called the -MalurilY Date.-
I will nW.c my monlhlv v.aYlllents al 1777 SINTRY PARXWAY WEST, SUITE :zOO
P.O. BOX JO:Z:Z, BLOX BILL, PA 19422-0708
or al a dirferenl place if rcquired by the NoIe Holder.
65.'00.00
(lIlU amount Is called
(n) Amount or Monlhl)' Paymenll
My mu..IIII, paymenl will be in theamounlofU.S.S
4, nORROWt:R'S IIIG1IT Tn PRRPA Y
t have lhc rightlO make payments of principal al any lime before mey QJe due. A payment uf principal only is knuwn as
. .prCJl3)'menl-. When I make a prcpaymenl,I will ltll1I1c Note Holder in writing 1Iu&11 am doin~ so.
I may m;lke . futl prepayment or panial prepayments withnul paying any prepaymenl ch:uge. 111e Nole Holder will use
aU of my prellolyments 10 reduce the amounl or prindpallllall owe ulltlcr 1I1is Note. If I make II partial prepayment. lhere will
be no changu in the due dale or In 1Ile amounl of my monthly paymenl unless 1I1e Note Holder agrees ill writing to lhose
Ch:lIVL:I"
5.IMAN CHARGES
If. law, which appllt3 to lhls loan and which sets maximum loan charges, is finally IntefJlrClCd so 1I1allhe InLerCJl or
allier 10m charges collected or III be collected In connection willi tills loan Cl(ced the pcnnhtcd IImits,lhen: (i) uny sUlh loan
charge Ihall be reduced by the l.U11ounl necessary lo reduce 1I1e charge 10 1Ile pcrmiuet.llilllit; Dml (ii) any sums nlrcady
ctlllecltd from me which clcecded penniltcd limits will be refunded In me. 111e Nolc Holder Illay choose leI makc 1Ilis rdund
by reducing Ihe principal I owe under 1I11s NolC or by making a direcl pa)'lnenllO me. If a rdund reduces principal, the
roouction will be trcatc.d as a pallial prepaymenL
460.78
6, aORROWER'S FAILURE TO PAY AS REQUIRED
(A) Laic Chlree for Overdue PII)'mrnLs
Jr the Nn.. Holder has nol ,cccI,ed dlC rull amount or any monthly payment by the end or 15 ",Iendar
d;IYs after the date II is due,l will pay a latcchargc tn lhe Nole Holder. Theamounl of tile charge will be 5.00 %
ur my overdue paymenl uf principal and Interest. I will pay 1I1is late charge promptly bUI only oncc on e3Ch IJle paymer.t.
(1IlUd,lull
If I do nul pay lhc futl amounl of e3Ch munlllly paymenl un the dJIe II is IILle,1 will be in ddaull.
IC) Noli.. 01 Ddaull
If I am in deraull, the Note Bolder may send mc a wrilten nouce Lellins me thai if 1 do nOll'ay tile overdue nmount by D
ceruin ,1..,,:. thc Note Boldu may require me to pay immediaLely Ihe full wnuunt of prindpal which has nOI oo:n paid and aU
lhe inlCfeslIhatI (lwe on 1Ilal ;lmounl. 11lat dale 1IIl1s1 be al kasl )0 daY$ oaller 1I1e date un which tile nolice is tlclivered or
mailed IU me.
(D) Nn Waiver By Nolellulder
Even if, at a Lime when 1l.U11 In ddauh. lhe Note' Hulder does nol require me to (lilY immediately In full as described
.lIbove,lhe NolC Holder will.till bavc tile righl to do so if I am in defauh al a IJIcr time.
(1':) PII)mrnlnfNole IfoMrrl. C05ts and Elpensrs
If thc Note lIo1der has retluired me to pay Immediately In full a' descrihed abovc, llle NOle 1I0hler will have 1I1e righllO
he (lIlld b3Ck by me for all of its costs ami tll)(fUCS in enforcing lhis Nut~ 10 lilt ellenl nol prohibiled by 811111icahlc law.
Those eapenscs include, for Cl:\mple,ICll.\Unablt auumeys' fees.
7. GIVING OF NOTICES
llnless i111llllCOlble 13W requires a dlfferenl melluld, MY nolice lI\at musl be given to me umler lids NOle will be given by
tlelivering it or by mailing It b)' fiUl class IlI3i1lo me at 1I1e Pro{lCflY ^ddres~ uhove or at a Iliflercnl address if I give the Nole
Iloltler a m1L1ec of my dinerenl address. '
Any nutiee thaI must be l:iVCD 10 the Note lIolder under lhis Note will be given by mail~ng II by fi.nt class mai~ to tile
NOle lIolda at the address SIJltd in Section 3(A) above or al a different address If I wn 1:lven II nou,e of lhal dltrucnl
add,ess, 1700175701
. EXHIDI'I'D · MIl 09025511
hlll\noall/11
IoIULTlITAtI rlllO Uti MOtl. IIr ,,,,"I'" "11
c:m>,oSA ."nSlnl IAnl.I,. ~~
thiS Note, inchllhng tllC prumisc la p.J llte rUIlIIll'Dunt owCtl. AllY 1~)l.1R whu i.lIll:~.....rllor.IUlclY or tmJur~ Vllllu NulC
is also obligilUd to dl) lhac things. Any pelson whu ukes ova lhese obligations, inch:ding lilt' obligations of a gllil;Ull.nr,
Iwtty 01 endOlscr or Ihis Note. 11 aJso obligated to keep aU of the promises made In ~lis Nute. The Note lIoldcr may enforce
Ib lltahu undu th~ Note Igurut each pusan individually or against all ur ta wgctJler. 1llis mGilIlS thit olRy une or us rnay be
'''Iuilcd 10 pay all or the amounts owed under 0,1> NOl<.
'.II'~IVERS
I .... lilY other penon who Iw oblll,tioUJ under thil No.. waive 0.. rights or plCJctltn'cnlll1d nOll", 01 diJhonor.
.I'ICli<I1lmenl. mColl1J the r1lhllO rcqulre the No.. lIulder 10 d"...d paym<nl or umounlJ due. "Notice or diJhonOl' m....
IJ.~ I it:hllD requlre the Not.c HolJa \0 stve: nouce 10 oilia penons llul amuun\J due have nol beeu paJd.
. UNIFORM SEI ,JIIED NOTE
This NOIDI> I unifonn Instrumenl with limllDd vlriatlon.1o some jurlJdictionJ, In IIildltion I" the prola:tion'livcn 10 the
No.. lIulder under thl> No... . MDrtllle,lJccd or Tru'l or Securi.y lJccd (the .Secwhy I.,trun'cn,"), wlDd the....e oh.. u
this Nolt, protects the Note BoWel rrom possible losses which mlghl re.sulllr I do nol keep the I'lOmiscs which I make In Lhis
Note. TIldl Sea.:urity hUUUmetll describes how and under what condiLlons I mlY be required 10 make immCllialC PJynltnl in
rull or all nrnounLs 1 owe under this NoLe. Some or those condition.llU'c dCil,;l'ibcd &s rollows:
" ransrrr or the Properl, or I Drncndallnluulln Durrow-n. IC all or any pan I,r lhc Property or any
lnltlt.S1 ill il is sold or InUUfcned (or U a beneficial inlUt.Slln Uorrowu 1I101t1 or IlanSrCm II and Uorruwct Is nola
natural penon) wltht.111 Lcndu', prior wriu.cn conKnI. Ltnder may. II its DIluon, requlu immediate payment In
lull or .11 SUI/lJ lCCUled by thil SccurilY l.,trumenL However, thiJ option .hall nol be exercised by Ltnder ir
exercise I. ",obibilDd by rcdctalllw u or the d... orthl. Securl.y In.trumcnL
Ir Ltn~" cacn:iscJ this option, Ltnder .hallalve Borrower nolicc or acceleration. ne notice sh:l!1 p,ovide a
period of noli... then 30 days lrom the dale the nolicc iJ dellverc.J or mailed within which Dorrower II1wl pay III
.ul/lJ seewed Ly thiJ Sccu,ilY J.,trumcnL If DOIrower falls 10 pay these sums priOlIO the I'lplration or this period,
L..:nder nuy invoke any remedies permitted by this Securily Instrument without Curth~'r notice or tlcrnand on
nurrower.
wmrnss nm HAND(S) AND SI!AL(S) OFnm UNDERSIONl!D.
I
!JAIfJ1 /
!HITmSS All TO ALL
;t'~~S"2 tUr
SSN:
(Sc:l!)
.BollOw"
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.Uunuw"
SSN:
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.11uIIOW"
SSN:
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SSN:
ISlgn Original Only)
PAY TO TIIB ORDER OF
PIIlllT nnKRAL SJlVIIIGS AJIlI LOIJI AllSOCIllTIOH OP IWlIlISDURG
IfITIIOUT RBCOURSE TIllS 09 DAY OP DBCEIOlER. 1994
AVSTAR MORTOAOB CORPORATION
F::.:o, --..
\1 ~ ~"'
KICDAIlL L. VITALI-;-l'RB!lIIlBiir
BY~~~~- .J
'fUEREGA R. CAJlLSOH, ASSISTAH'l' VIeS PRBSIDBH'T
.'
:"
<mI>. .SA 111011.01
"'1,.1'
'I'M no. 11I11
11/25/96
Certified Mail No:
, .
P tLi8755059
c'
,. NOTICE OF INTENTION TO FORECLOSE AND ACCEi.EiU.7E LOAN BALANCE
Under Section 403 of Pennsylvania Act No. 6 of 1974
JOSEPH L. WELLS
705 ERFORD ROAD
CAMP HILL, PA, 17011
RE: Loan: 7001757
Mortgaged Premises: 705 ERFORD ROAD
CAMP HILL, PA. 17011
This company is the holder of the FIRST MORTGAGE (AND NOTE) on the above
premises or is the mortgage service agent for such holder (Herein referred
to as we, us, or ours) .
As of the date of this notice, THE MORTGAGE IS IN
you have not made the monthly payments as listed;
as indicated below:
Payment: 09/96 through 11/96
Late Charges
Unapplied Balance Credit
The total amount now required to cure this default,
or in other words, get caught up with your payments
as of the date of this letter, is
SERIOUS DEFAULT, because
and/or for other reasons
1764.00
69.12
103.96
1729.16
You may cure this default within THIRTY (30) DAYS of the date of this
letter, by paying to us the above amount plus any additional monthly
payments and late charges which may fall due during this period. Such
payment must be made either by cash, cashier's check, certified check or
money order, and made at, or sent to: 1777 Sentry Parkway West, Dublin
Hall, Suite 200, Blue Bell, PA 19422.
If you do not cure the default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means that
whatever is owing on the original amount borrowed will be considered due
immediately, and you may lose the chance to payoff the original mortgage in
monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct our attorneys to start
a lawsuit to foreclose your mortgaged property. If the mortgage is fore-
closed, your mortgaged property will be sold by the Sheriff to payoff the
mortgage debt. If we refer your case to our attorneys, but you cure the
default before they begin legal proceedings against you, you will still
have to pay the reasonable attorney's fees, actually incurred, up to
$50.00.
EX III BIT C
Page 2
11/25/96
~i
Q
How~ver, if legal proceedings are started aganist you, you will have to
pay the resonable attorney's fees even if they are over S50.00. ~nv
attorhey's fees will be added to wh~tcvc" you ow~ us, which may also
include our reasonable costs. If you cure the default within the thirLy-
day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage. If you have not cured the default
within the thirty-day period and foreclosure procedings have begun, you
will 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 then due, as well as the reasonable attorney's fees and
costs connected with the foreclosure sale (and perform any other require-
ments under the mortgage). It is estimated that the ea:::!.ic::;t date th'lt
such a Sheriff's sale could be held would be approximately one-hundred
fifty (150) days from the date of this letter. 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 us at the following number: (800) 447-7880, ext 30. This payment
must be in cash, cashiers check, certified check, or money order and made
payable to us at the address previously stated.
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.
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 TnE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THE 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 DETER-
MINE UNDER WHAT CIRCUMSTANCES THE 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.
Sincerely,
~!iLA~v(j3(~
MARGE Tq HAM . {J -
ASSIST VICE PRESIDENT
Loan Administration
act6
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ACT 91 NU'Ll.l.J:.
--;:';.:- ::'.":'~"'" '1I)'T'TCF. OF HOMEOwr-,~S'
EMirtt;ENCY MORTGAGE ASSISTANCE ~f.\.JG<Uu'1
PLEASE READ THIS NOTICE.
DATE:
RE:
YOU ~~y BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
11/25/96
7001757
TO:
FROM:
JOSEPH L. WELLS
MARGE TOPHAM
You may be eligible for financial assistance 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 dcf~~~~
has been caused by circumstances beyond your control, you have a
reasonable prospect of resuming your mortgage payments, and if you
meet other eligibility requirements established by the Pennsylvania
Housing Finance Agency. Please read all of this Notice. It contains an
explanation 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 must arrange and attend a "face-to-face" meeting with a repre-
sentative of this lender or with a designated consumer credit counseling
agency. The purpose of this meeting is to attempt to work out a repayment
plan or to otherwise settle your delinquency. This meeting must occur in
the next (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 mortgage foreclosure may take place for thirty (30) days after the date
of this meeting. The name, address, and telephone number of our repre-
sentative is:
MARGE TOPHAM, Avstar Mortgage Corporation, suite 200, Dublin Hall,
1777 Sentry parkway West, Blue Bell, PA 19422.
(800) 447-7880, ext 30
The names and addresses of designated consumer credit counseling agencies
are shown on the attached sheet. It is only necessary to schedule one
face-to-face meeting. You should advise this lender immediately of your
.intentions.
Your mortgage is in default because you have failed to pay promptly in-
stallments of principal and interest, as required, for a period of at
least sixty (60l days. The total amount of the delinquency is $.
That sum includes the following:
09/96 - 11/96 Payments
Late Charges
Unapplied Balance Credit
1764.00
69.12
103 :96
1729.16
TOTALS
The Pennsylvania Housing Finance Agency can be reached TOLL FREE at
EXHIBIT ()
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Ir:... /..,r:: Joe:.
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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 one of the designated consumer credit counsel-
ing agencies list~~ nn ~hp ~ttachment, An application for assistance may
only be obtained from a consumer credit counsel~ng ag~w.;y. .;.., .;.:....,j....;.-..:.~
credit counseling agency will assist you in filling out your application
and will submit your completed application to the Pennsylvania Housing
Finance Agency. Your application must be filed or postmarked within
thirty (30) days of your face-to-face meeting.
It is extremely important that you file your application promptly. If you
do not do so, or if you do not follow the other time periods set forth in
this letter, foreclosure may proceed against your home immediately.
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 your application is accurate and complete
in every respect. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives 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.
The Pennsylvania Housing Finance Agency is located at 2101 North Front
Street, P.O. Box 8026, Harrisburg, PA 17105. The telephone no. is
(717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impair-
ed hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6
of 1974. That notice is called a "Notice of Intention to Foreclosure."
You must read both notices, since they both explain rights that you now
have under Pennsylvania law. However, if you choose to exercise your
rights described in this notice, you cannot be foreclosed upon while you
are receiving that assistance.
Very truly yours,
bVfH.1 ---
PHAM 'If -
ASSIS VICE PRESIDENT
Loan Administration
The Pennsylvania Housing Finance Agency can be reached TOOL FREE at
1 (800) 342-2397.
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THOMAS I. PULEO. ESQUIRE
Identification No, 27615
1710 Walton Road, Suite 206
Blue Bell, PA 19422
(610) 941-6050
Attorney for PlaintitT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
A VST AR MORTGAGE CORPORATION
: No, 1997-2341
v.
JOSEPH LEE WELLS alkJa
JOSEPH L. WELLS
PRAECIPE FOR JUDGMENT
Enter judgment in favor of the PlaintitTand against the Defcndant(s) for want of an answer and
assess damages as follows:
Principal Debt
Interest from 8/1/96 through 10/10/97
Late charges accrued through 10/10/97
Escrow deficit
Attorney fees
Title information certificate
$64,695.73
5,798.80
299.52
186.58
3,234.79
325.00
Total
$74,540.42
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT.
I certifY that written notice of the intention to file this Praecipe was mailed or delivered to the party
against whom judgment is to be entered and to his attorney of r~eord' if y, after the default occurred and
at least ten days prior to the date of the filing of this praecipe, A copy he notice is attache , Pa,R.C,P.
237.1
~/nt..tf./...-- ~
THOMAS I. PULEO, ESQUIRE
Attorney for PlaintitT
AND NOW ~ c.. (4-- , 1997, Judgment is entered in favor ofplaintitT and against
defendants and damages assessed as per the above certification.
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THOMAS I. PULEO, ESQUIRE
Identification No. 27615
1710 Walton Road, Suite 206
Blue Bell, PA 19422
(610) 941-6050
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
A VST AR MORTGAGE CORPORATION
: No. 1997-2341
v.
JOSEPH LEE WELLS alkJa
JOSEPH L. WELLS
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF MONTGOMERY
THOMAS I. PULEO, being duly sworn according to law deposes and says that the defendant(s)
is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended;
That Joseph Lee Wells is over 21 years of age, resides at 705 Erford Road, Camp Hill,
Pennsylvania, and is employed by/as unknown.
THOMAS I. PULE
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 26th DAY
OF September, 1997.
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NOTARY PUBLIC
NOlarial Seal
N.ore~n Messmer. Notary Public
WhrIPJrn.Twp., Montgomr.rv County
My CommissIon ExpIres Api'i/12, 2001
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COUNTY OF 'CUMBERLAND
COURT OF COMMON PLEAS
AvsrAR l>ORrGI\GE (X)RPORATlOO
Tenn,19
YO.
NO. 1997-2341
JOSEPH LEE WELLS a/k/ a
JOSEPH L. WELLS
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issuo Wtit of Exocution in tho abovo matlor:
Amount duo
$ 74,540.42
Interest from 8/1/96-10/10/97
$
$
(Costs to be added)
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THCMl\S I. PULED
.1.40";09_ For.clo"".
Cround R.n' (R.ml
5-46 I Rov, 1180)
You may need an attorney to assert your rights. The sooner you
contact one, the more chances you will h~ve of stopping the sale. See
notice on page two on how to obtain an attorney.
YOU mw STILL BE ABLE TO SAVE YOUR PROPERTY AND 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 by calling
MU6-3535.
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 full
may call
The sale will
amount due in
MU6-3535.
go through only if the buyer pays the Sheriff
the sale. To find out if this has happened you
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.
amount
buyer.
you.
You have a right
due is paid to the
At that time, the
to remain in the property until the full
Sheriff and the Sheriff gives a deed to tne
buyer may bring legal proceedings to evict
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 a date specified by the Sheriff
not later than thirty (30) days after sale. 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 filing of the schedule. .
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 LAIVYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOI'I TO <'HID OUT I'/IIERE YOU CAN GET LEGAL HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
-2-
DESCRIPTION
ALL THAT CERT.....IN tract o~ parcel of bnll ~ituate in cast Pennsboro Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on lhe Northerly line of Erford Road (East), which point is 84.06 feet East
of the Northeasterly line between Lots Nos. I and 2'1:', Block "I", on lhe hereinafler mentioned Plan
of Lots; thence along said dividing line, North 2 degrees 10 minutes West, 150 feet to a point;
thence North 87 degrees 50 minutes East, 37.5 feet to a point at dividing line between Lots Nos. 2X
and 2'1:', Block "I", on said Plan; thence along said dividing line and through the center of a
partition wall and beyond, South 02 degrees 10 minutes East, 150 feet to a point on the Northerly
line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5
feet to a point, the place of beginning.
BEING Lot No. 21", Block "I", in Plan No.8, Ridley Park, which Plan is recorded in the Office
for the Recorder of Deeds in and for Cumberland COUnty, Pennsylvania, in Plan Book 16, page 49,
HAVING thereon erecled a dwelling house being known and numbered as 705 Erford Road, Camp
Hill, Pennsylvania.
SUBJECT 10 an eight (8) foot utility easement at the rear of said lot.
TOGETHER with the right in common in and to the party wall with owners and Occupiers of
adjoining premises.
BEING Tax Parcel #09-16-1050-166.
.
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EXHIBIT A
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Thomas I. Puleo
Identification No. 27615
1710 Wal:on Road, Suite 206
Blue Bell, PA 19422
(610) 941-6050
Attorney for Plaintiff
A VST AR MORTGAGE CORPORATION CUMBERLAND COUNTY
v. COURT OF COMMON PLEAS
JOSEPH LEE WELLS aIkIa No. 1997-2341
JOSEPH L. WELLS
AFFIDAVIT OF SERVICE
THOMAS I. PULEO, ESQUIRE, attorney for Plaintiff, being duly sworn according to
law, says that he mailed by registered mail, return receipt requested, a true and correct copy of
the Complaint in this action to defendant, Joseph Lee Wells at 705 Erford Road, Camp Hill, PA
"f 1,'- '."'JI}.H
1101 Ion the/,~) day of. ..;;': ,'../.,,1997, as evidenced by Post Office receipt number .r.-~),: ,/;'/1. ,:.,/'
which receipt was subsequently returned to the undersigned noting moved, left no
address/unclaimed on
. 1997 whkh =01,1 I, ""'hod h")'''''1 "A",
THOMAS I. P EO
Attorney for Plainti ff
SWORN TO AND SUBSCRIBED
BEF9R,IJME T~IS, ,.A f) ^... DAY
OF ,,,l/, L.<: I /..Cc.t \.,1997.
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A vstar Mortgage Corporation
-vs-
Joseph Lee Wells n/kla Joscph I. Wells
In thc Court of Conuuon Plcns of
Cumberlnnd County, Pcnnsylvanin
No 97-2341 Civil Term
I
Michael Barrick, Deputy Shcrin: who being sworn according to law, says on January 9, ] 998
at 12:43 P.M, E, S, T., he postcd a copy ofRcal Estate Writ Noticc Postcr and Description at
Joscph Lee Wells n/kIa Joscph L Wclls nt 705 Erford Road, Camp Hill. Cumberland County,
Pennsylvania, according to law.
R, Thomas Kline, Sheriff, who bcing duly sworn according to law, says hc scrved the above
Real Estate Writ Noticc Poster nnd Dcscription in thc following Manner: The Shcriff mailed the
within dcfendant to wit: Joseph Lec Wells nlkla Joscph L. Wclls a noticc ofthc pcndency of
nction by certified mail marked DELIVER TO ADDRESSEE ONLY ,to his last known address
at 705 Erford Road, Camp Hill, Cumbcrland County, Pcnnsylvnnia 17011. This letter was mailcd
under the date of January 9, 1998. The letter was received on January 12, 1998 the return receipt
card signcd by Joe Wells. Rcturn reccipt card is hereto attached.
R. Thomas Kline, Sheriff who being duly sworn nccording to law, says he scrvcd the above
Real Estate Notice Writ Poster and Description in the following manner: Thc Sheriff mail cd the
defendant a notice of the pendency of action by regular mnilto his last known address at 705
Erford Road, Camp Hill, Pennsylvania. This letter was mailed under the datc of January 12, ] 998
and was never returned to thc sheriff's Office.
R. Thomas Kline, sheriff who being duly sworn according to law, says that aftcr due and legal
notice had been given according to law, exposcd the within dcscribed primiscs at publlic venue
or out cry at Court I-louse, Cnrlislc, Cumbcrland Couonty, Pennsylvania on March 4, 1998 ay
10:00 o'clock A.M. E.S.T., and sold the same for the sum of$ 35,000.00 to Attorncy Scott
Dietrich for A vstar Mortgage Corporation, It being the highest bid and best price received for the
same. Avstar Mortgage Corporation. Its successors nnd nssigns, being the buycr in this Execution
paid Sheriff R, Thomas Kline, the sum of $ 2,064.84 it being the bid price poundage etc,
Sheriffs Costs listed below
Sheriffs costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioncer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Legal Search
Law Journal
30.00
700.00
15.00
15.00
30.00
10.00
.50
1.00
9.30
7.29
15.00
4,00
150.00248.75
."
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SA TISFACfORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED,
SHERIFF SALE NO. 5
Held Wednesday, March 4, 1998
Date: Murch 5, 1998
TAXES: Receipts for alltaxcs for thcycurs 1995 to 1997 inclusivc. Tuxcs for lhccurrent ycur
1998,
MORTGAGES: Listed Under Olher Exceptions Below.
JUDGMENTS: Listed Undcr Other Exceptions Bclow,
INSTRUMENTS TO BE PRODUCED: Decd from Cumbcrlund County Shcriff to
duted , 1998, und recordcd
, 1998, in Cumbcrlund County Deed Book ,Page
RECITAL: Being all of the propcrty which Puul E. Hoffman und Florencc N. Hoffmun,
husband and wife, by their deed dated November 23, 1994, and recorded December I, 1994, in
the Office of the Recorder of Deeds in und for Cumberlund County at Curl isle, Pcnnsylvuniu, in
Deed Book 115. Page 621. granted und conveyed to Joseph Lee Wells.
OTHER EXCEPTIONS:
I. The identity and legal competency of parties nt the closing of this title should he
established to the satisfaction of the closing ultomey acting for this Compuny.
2. Rights or claims of purties in possession, if uny, othcr thun thc owner.
3. Unrecorded eusements, discrepancies or connicls in boundury lincs, shorlugc in ureu
und encroachments which un accuratc und complete survey would disclose.
4, Puyment of Stutc und locul Reul Estutc Trunsfcr Tuxcs, if required.
5. Conditions and restrictions us shown on Plun No.8 of Ridley Purk rccordcd in
Cumberland County Plan Book 16, Page 49.
6. Conditions and restrictions as set forth in Deed Book 115, Page 621.
7. Conditions and restrictions recorded in Cumbcrland County Miscellaneous Rccord
Book 152, Puge 693.
8. Rights granted to Bell Telcphone Compuny of Pennsylvaniu by instrumcnt recorded in
Cumberland County Miscelluneous Record Book 148, Page 558.
9. Rights granted to Pennsy1vunia Power und Light Company by instrumcnt rccordcd in
Cumberland County Miscclluneous Record Book 151. Page 405.
10. Public and private rights in the roadbed of 50 feet wide Erford Roud.
II. Sutisfuctory cvidencc to be produced thut propcr notice was given to the holdcrs of all
liens and cncumbrances intended to be divested by subject Sheriff Sule.
12 Mortgage in the amount of 565,000.00 given by Joseph L. Wells to A vstar Mortguge
Corporation duted November 23, 1994, and recorded December I, 1994, in Mortguge
Book 1243, Page 794,
SA TlSFACfORY EVIDENCE TO BE PRODUCED THAT JOSEPH L. WELLS AND
JOSEPH LEE WELLS ARE ONE AND THE SAME PERSON.
This Mortgage assigned December I, 1994, to First Federal Savings and Loan
Association by instrument recorded in Miscellaneous Record Book 486, Puge 1025.
SA TISFACfORY EVIDENCE TO BE PRODUCED THAT THIS MORTGAGE WAS
ASSIGNED BY FIRST FEDERAL SA VINGS AND LOAN ASSOCIATION TO
A VST AR MORTGAGE CORPORA nON, THE EXECUTION PLAINTIFF.
-.
Complaint in Mortgage Foreclosure by Avstar Mortgage Corporation aguinst Joseph
Lee Wells, and Joseph L. Wells, filed May 5, 1997, to No. 1997-02341 pursuuntto
which subject Sheriff Sule wus held.
13. Mortgage given by Joseph Wells to Household Realty Corporation dated August 20,
1995, and recorded September 3, 1995, in Mortgage Book 1339, Page 466, in the
amount of $25,000.00.
14, Municipal Lien filed January 26, 1998, to 1998-00439 in favor of East Pennsboro
Township against Joseph L. Wells in the amount of $322.23.
SATISFACTORY EVIDENCE TO BE PRODUCED THAT NOTICE OF SUBJECT
SHERIFF SALE WAS GIVEN TO EAST PENNSBORO TOWNSHIP AS HOLDER
OFTHIS MUNICIPAL LIEN.
(0,"'-1- j." ,.... ~
Robert M, Frey, Agent
Note: This Tille Report shall nol be valid or hinding
un Iii countersigned hy an aUlhorized signatory.
15, See copy of Assignment recorded in Miscelluneous Record Book 486, Page 1025.
16, Real estate taxes accruing on and after July 1, 1998, not yet due and payable,
REAL ESTATE SALE NO.5
Wrtt No, 97.2341 Ct\11
Avstar Mort~ag~ CorporntJon
vs,
Joseph L<e Wells. o/k/a
Joseph L. Wells
Atty.: Thomosl, Puleo
DESCRIPTION
EXHIDITA
ALL 1llAT CERTAIN lract or par.
cel or Innd situate In Enst Pcnnshoro
Township, Cumberland County,
Pennsylvania, more parllcularly
bounded and described os folluws. to
wtl:
BEGINNING at a point on Ihc
Northerly line or Errord Road lEaMI.
which point Is 84,06 reet East or Ule
Northeasterly line between Lots Nos.
I and 2Y, Dlock "1-. on the hereinafter
menUoned Plan of Lots: thence along
snJd dlvldln~ line. North 2 dr~rees 10
minutes West. 150 reet to a point:
Ihence North 87 de~rees 50 mlnutc.
East. 37,5 reet to a point at dlvtdlng
line between loIs Nos. 2X and 2Y,
Dlock "J", on said Plan: thencc alon~
snJd dividing line and through the
center or a partlUon wall and beyond,
South 02 degrees 10 minutes East.
150 reet to a point on the Northerly
line or Errord Road lEast), aforesaid:
thence wong same, South 87 dewees
50 minutes West, 37.5 reel 10 a point.
the place or begtlUllng,
BEING Lot No. 2Y, Dlock "I". In
Plan No, 8, RIdley Park, which Plan
Is recorded In the Omce ror the Re.
corder or Deeds tn and for Cumber.
land County, Pennsylvania, In Plan
Book 16. page 49.
HAVING thereon erecled a dwell.
Ing house being known and num.
be",d as 705 Errord Road. Camp Hili,
Pennsylvania.
SUBJECT to an eight 18) root uUI.
Ity e..emenl at the rear or said 101.
TOGE'I1iER wtth the rtght In com.
mon In and to the party wall wtth
owners and occupiers or adjoining
premises.
BEING Tax Pan:el MQ9.18.1050.
166.
You may need an attorney to assert your rights. The sooner you
contact one, the more chances you will have of stopping the sale. See
notice on page two on how to obtain an attorney.
YOU HAY STILL BE ABLE TO SAVE YOUR PROPERTY AND 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 by calling
~1U6-3535 .
2. You mav 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.
~
The sale will go through only if the buyer pays the Sheriff
amount due in the sale. To find out if this has happened you
MU6-3535.
3.
the full
may call
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.
amount
buye r .
you.
You have a right
due is paid to the
At that time, the
to remain in the property until,the full
Sheriff and the Sheriff gives a deed to t~e
buyer may bring legal proceedings to evict
6. You may b~ 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 a date specified by the Sheriff
not later than thirty (30) days after sale. 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 filing of the schedule. .
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 LAI'/YER AT ONCE. IF YOU DO NOT
HAVE A LAW:!ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELO\'/ TO FIND OUT NIIERE YOU CAN GET LEGAL IIELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
-2-
I
"i
- ,
,
DESCRJPTlOi'i
ALL THAT CERTAIN t~3ct or p3rccl of bnJ ~icu~te. in ta,;[ Pennsboro Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at n point on the Northerly line of Erford Road (East), Which point is 84,06 feet East
of the Northeasterly line between Lots Nos. 1 and 2'1, Block "I", on the hereinafter mentioned Plan
of Lots; thence along said dividing line, North 2 degrees 10 minutes West, 150 feet to a point;
thence North 87 degrees 50 minutes East, 37,5 feet 10 a point at dividing line between Lots Nos. 2X
and 2'1, Block "1", on said Plan; thence along said dividing line and through the center of a
partition wall and beyond, South 02 degrees 10 minutes EaSt, 150 feet to a point on the Northerly
line of Erford Road (East), aforesaid; thence along same, South 87 degrees 50 minutes West, 37.5
feet to a point, the place of beginning,
BEING Lot No. 2'1, Block "1", in Plan No.8, Ridley Park, which Plan is recorded in the Office
for the Recorder of Deeds in and for Cumberland COUnty, Pennsyll'ania, in Pbn Book 16, page 49.
HA VING thereon erected a dwelling house being known and numbered as 705 Erford Road, Camp
Hill, Pennsylvania,
SUBJECT to an eight (8) foot utility casement at the rear of said lot.
TOGETHER with the right in COnL'1',on in and to the party wall with owners and occupiers of
adjoining premises.
BEING Tax Parcel #09-16-1050-166.
.
.
EXHIBIT A
. r-- -. - ~ .- ,.. ..- .... ,
REAL L,.J,.,'._ '...:~ ;;0.
'.'
On 6)ci~....... /,. / 9 f' 7
the slwrili l!ivi.l,j upon 11m d~i:;r::::"
tntemstln the real proPel1y situa:od In f1lLJ..J.... &'IL~~ S{.ttf'
Cumberland County, Pa., known and numbaiod as: 7 06' ~ ,eJ .
llv"1' tJ~ anci more fully d:;scrib;:d en E;dliblt "^" fji~'~ '::
this writ and by this referi:nco ili!:orpomt6:! l1:Jri:in.
..,..... In If. QJ
l....~\"". ~... .
['... () t.d!:!1o_6L Ill/-,
UY'~ ~+~
"111'1 " .: I '~':'!:1.'
'r .. ., 'I , ~, ..
LS. IIV ot 9 !II !~O
1". ;t.l\1
~~'h;iil;. ...... :l'.' '::'.I~.jQ
REAL ESTATE SALE NO 5
Ally, Thomas I. Puleo
$1,000.00 Advance Costs Paid
Assessed Valuation $ 6.340.00
WRIT NO.
97-2341 Civil Term
Avstar Mortgage Corporation
VS
Joseph Lee Wells a/k/a Joseph L. Wells
705 Erford Road
..Caf!1p Hill ~ PA
REAL DEBT
rNTEREST 8-1-96-10-10-97
ATr'S FEES
WRIT COSTS A TrY
ESCROW
LATE CHARGE
SHERIFF'S COSTS
Docketing
Pounduge
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Cert Mail
Levy
Postpone Sale
Surcharge
74.540.42
5.840.10
145.90
30.00
700.00
15.00
15.00
30.00
10.00
.50
1.00
9.30
7.29
15.00
4.00
Legal Search
ADVERTISrNG:
Law Journal
Patriot
Share of Bills
Distribution of Proceeds
Sheriffs Deeds
STAMPS
Pa, Transfer Tax
Twp or Bora Transfer Tax
TAXES
Sewer & Refuse
248.75
232.05
25.31
25.00
25.50
521. 14
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, upproved Muy 16. 1929), p, L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenlhnl, Esquire, Editor of the Cumberlund Luw Journul, of the County
Ilnd SllIte Ilforesuid, being duly sworn, uccording to luw, deposes und says thlltthe Cumberland
Law Journul, u legul periodical published in the Borough of Carlisle in the County Ilnd SllIte
aforesaid, WllS estublished Junuury 2, 1952, und designated by the locul courts as the official
legal periodical for the publicution of ulllegal notices, and has, since January 2, 1952, been
regularly issued weekly in the suid County, and that the printed notice or publication uttached
hereto is exuctly the sume lIS wus printed in the regulur editions und issues of the said
Cumberland Luw Journal on the following dutes,
viz:
JANUARY 30. FEBRUARY 6. 13. 1998
Affiunt further deposes that he is authorized to verify this statement by the Cumberland
Lllw Journlll, Illeglll periodical of geneml circulation, Ilnd thllt he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all alleglltions in the foregoing
sllltemenl~ lIS to time, place and character of publication are true,
IlEAL ESTATE lIALE NO. II
Writ No, 97.234t Civil
Avstar Mortgage Corporation
vs.
Joseph Lee Wells, alkla
Joseph L. Wells
Ally,: Thomas I. Puleo
DESCRIPTION
EXHIBIT A
ALL nlAT CERTAIN tract or par-
cel of land sltuale In East Pennsboro
Township. Cumberlond County. _
Pennsylvania, more particularly
bounded and described as Collows. to
wIt:
BEGINNING at a poInt on the
Norlherly line or ErCord Road IEasll.
which point I. 84.06 reel Eo"t or the
Northeasterly line: between Lots Nos.
I and 2Y, Block "l", on the herelnafter
menUoned Plan of1.o19; Olcoce alon~
said dtvtdlnlot lIne. North 2 de~rees 10
minutes West. 150 fed to a potnt:
thence North 87 dt'grees 50 minutes
East. 37.5 feet to a point at dMdlng
line between Lots Nos. 2X and 2Y,
Ulock "I", on said Plan; thence along
said dlvldlnK line and throllKh the
center of a partiUon wall and beyond.
South 02 degrees 10 minutes Eo1st.
150 Ceetto a point on the Norlherly
line or Errord Road lEast), ororesald:
thence alonJot same. South 87 degrees
50 mlnutes West. 37.5 feel to a potnt.
the place or beKlnnlnK,
BEING Lot No, 2Y, 1II0ck "I", In
Plan ~I), 8. Ridley Park. whIch Plan
15 recorded In the Office for the He-
("order of Deed !I In ilnd for Cumbrr-
SWORN TO AND SUBSCRIBED before me this
---.ll...dayof FERUARY. 1998
NOT"Ilt"t5
LOIS E. SNYDER. tloIory Public
Cc~K1. Bon>. Cumberland Ccunty. PI.
My Ccmmllllon bpi'" March 5. 2001
\
,
.
"
THE PATRIOT NEWS
TIlE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No 587, Aooroyed Moy 18 1929
Commonw.alth 01 P.nn.ylvanl., County 01 Dauphin} 'a
Frank J. Epler being duly sworn occording to low. deposes ond soys:
That he Is the Controller of THE PATRIOT.NEWS CO., e corporation orgsnlzed and existing under the lews of the
Commonwealth 01 Pennsylvania, with Its principal office and placa of buslnes8 at 812 10 818 Market Streat, In tha
Clly 01 Harrisburg, County of Dauphin, Slala of Pennsylvania, owner and publisher 01 THE PATRIOT.NEWS end THE
SUNDAY PATRIOT.NEWS newspepera 01 general circulation, printed and published at 812 to 818 Market Streel, In
tha City, County end Stata aforasald; that THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS wera established
March 41h, 1854, end Seplember 181h, 1949, respecllvaly, and all have been conllnuously publlshad evar alnce;
That the printed notice or publication which Is securely allached harelo la exectly as prlnled and published In
thalr regular dally and/or Sunday and Malro adltlonsllssuas which appeared on the 3rd, 10lh, and 17th day(s) 01
February 1998. That nellher he nor sold Company Is Interested In the subject maller of sold printed nollce or
advertising, and that all of the allegations of this slatument os to the time, place and chsrecler 01 publication are
trua; end
That he hss personal knowledge of the fscts aforesaid and Is duly euthorlzed and empowered to verily this
slatamant on behalf 01 The Patrlot.News Co. aforesaid by virtue snd pursusnt to a rasolullon unanimously passed and
adopted severelly by the stockholders end board of directors of the ssld Compsny end subsequenlly duly recorded In
the office for the Recording of Deeds In and lor ssld County of Deuphln In Mlscellsneous Book "M",
vO;::~~':~~I:~ / ~~ ~_______________
COpy ~~. ,. "" d.)"', F. ,". "" ~D.
S ALE M5 Tony L ~~ ~.., PuCWc /~ /J L/ ~~J" P
:gA TE>>.l4. IlIJto. I Hlmltlllrg,OauIlhneo., Lt, ~ ~
feim-' .....Co/1Vllo..ionEspo'~Junt6, NO RY PUBLIC
lMrt1Jt,f'fsn;(toi"*"'~"""~mlsslon expires June 6, 1998
~,.co
CUMBERLAND COUNTY SHERIFFS OFRCE
OOJRT HJlJSE
CARLISLE, PA. 17013
DESCRIPTION
All THAT CEmNN tract or par-
cel of land situate In East Penos-
born Township. Cumbetland Coon-
Iv. PennsvlvanJo. more port1culorlv
bounded and delCrIbed os fol-
lows. to wit:
BEGINNING at a DOlnt on the
Northerly line of Erford Rood (East).
which pOInt Is 84,06 feet East of the
Northeasterly line between Lois
Nos. 1 and 'Z'f, Block "'." on the
h6relnotler mentioned Plan of Lots;
thence along sold dMdlnQ line.
North 2 degrees 10 minutes West. .sher' s Receipt for Advertising Cost
150 feet to 0 point; thence North
87 degroos 50 minutes East, 37,5 her of THE PATRIOT.NEWS end THE SUNDAY PATRIOT.NEWS, newspspers of genersl
feet to a point at dividing line d If I h t h h
between Lot!&Nos, 2X and 2Y. receipt of the eforesald notice and publlcetlon costs en cert es t e t e some eve
been duly psld. THE PATRIOT.NEWS CO.
Statement or Advertising Costs
To THE PATRIOT.NEWS CO., Dr.
For publishing the notice or publlcstlon ellached herelo
on the ebove steted dales $
Probating ssme (1) Nolsry Fee(s) $
Total $
230.55
1.50
232.05
By,........................................,..........................