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HomeMy WebLinkAbout97-05032 MELLON BANK N.A. AS SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. '/1' ~bJ.l. L'u"j .~ CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE va. AVA L. PURDUE, Defendant THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOT I C ~ You have been sued in court. If you wiah to defend against the claims set forth in the following pages, you muat take action within twenty (201 days aftsr the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenaes 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 YOII 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 righta 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 Admin., cumberland County Courthouae C..rliale, PA 17013 717-240-6200 Legal Servicea. Inc. 8 Irvine Row, Carliale, PA 17013 717-243-9400 A V ISO LE HAN DEMANDADO A USTED EN LA CORTE. SI OESEA DEfENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLU1'lIMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIOO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REG ISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USIED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEOAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REfERENCE SERVICE" ISERVICIO DE REFERENCIA DE ABOGADOSI. 215-238-6300. Court Admin., Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243 -9400 TRue COPY FROM RECORD In T esllmony whereof. I tie", unlO lit trPIllIncl and the seeI 01 said Cou1 tt Carll... PI. ... . Thill ii -: .day ~ ~~ J 19;: . ( )u"l.. 11 u.~~ ,OI . . . ProIIIon*1J MELLON BANK N.A. AS SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 91- ~O j~ CwJ. T..L~ vs. CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AVA L. PURDUE, Defendant COM P L A I N T 1. Plaintiff, MELLON BANK, N.A. AS SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Tr'Jst Indenture dated as of April 1, 1982 ("Trust"), through its servicing agent PHPA, with its principal place of business at 2101 North Front Street, P.O. Box 8028, Harrisburg, Pennsylvania 17105. 2. Defendant, AVA L. PURDUE, is an adult individual whose last known address is 225 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025. 3. On or about November 23, 1994, the said Defendant executed a Promissory Note ("Note") i.n favor of Hart Mortgage Corp. ("Original Mortgagee") in the principal amount of $66,150.00, the proceeds of which were used to purchase a residential property located at 225 Brian Drive, Enola, Pennsylvania 17025, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with the execution of the aforesaj,d Note, in order to secure payment of the same, Defendant, Ava L. Purdue, made, executed, and delivered to Original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of Cumberland County in Mortgage Book 1243, Page 382, on November 29, 1994, con~eying to original Mortgagee the subject premises. The Mortgage was assigned to Corestates Bank, N.A., as Trustee, for Pennsylvania Housing Financa Agency, pursuant to the terms of said trust, and recorded as aforesaid in Book Volume 486, Page 854, on November 29, 1994. The Mortgage was further assigned to Mellon Bank, N.A. as Trustee, for Pennsylvania Housing Finance Agency, pursuant to the terms of said trust, and will be sent for recording. Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 225 Brian Drive, Enola, Pennsylvania 17025 and is more particularly described in Exhibit "B" attached hereto. The Defendant is the sole owner of the said land. 6. The Mortgage debt is in default due to the fact that Defendant has failed to pay the installment due on ""April I, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $14.12 per day from 12/1/96 to 10/1/97 (based on contract rate of 7.950~) $64,824.94 4,292.48 (c) Late charges at $19.32 per month for 10 months (d) Escrow Credit 193.20 314.61 (e) 5~ Attorney's Commission 3,241.25 $ 72,237.26 *Together with interest at the per diem rate noted in (b) above after October 1, 1997 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 7. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has Complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for asoistance. NOTICE: THIS La. -! IS N'(j'T I ASSUMAr -~ WITHOUT THE APPROV AL OF THE OEPARTMENT OF VETeRANS AFFAIRS OR ITS AUTHORIZED AGENT. I/IlJ1U lUll., C...,IIU1 1('11,1 I~.. l"~'"~,,, .P,r1lll?~1fI'M". wlthhl '" .. IrlJl, la.....II"" I co. py Q' Ih. tmgl"oll d::cdnl 111~~~~~._ 115 Brill" Drlu, K"'II", C"",6,rl"nJ ('ou,,,,. ('o".,"onw,41tlt oj I"Mql."mllJ IP.IlIJtI..,A..r.ul I. 1I0RROW.:R'S PROMIS~ TO PA Y In return (or I k>In that I hive recelvw. I promilC In pay U.S. S 'prlnclpal"). plu. .,.....~"' Ihe o"ler 01 Ihe Lender. The Lender I. ! IIcm Mort'd" Co,p. POJI OJIfu BIM J61, FUff Wcultln,'tt". P"""'Y/~"w /9014 66.150.00 (lhla II1IUUfll I, c.alkd . I undcnl&lliJ &hallhn ~JU1u may lnW(cr 1M, Note. The lender III Myono whu Laku thil No~ by lIan.,fu and whu I. cnuLltlJ Il) rralve paymcnl.l under iII~ NOlO ~ coiled Ihe "No..llolller: 2.INTERIlSI' In.....1 will bo chlf,ed on unpaid principal untlllhe lull ""","nl 01 principal hu been paid, I IoU! pay In"'real'" yearly lilt 01 1.9' ,.. n.. In.....' .... '''Iulred by iII~ Section 2 I. ill, .... I will p.y boill bolor, IIld aIlet lilY d,l.ull de",lbcd In S<clIon 6(B) 01 iII~No", J. PAYMENTS (A) Tim. ..d Plan 01 P./mo." I will pay prlnclp.I...lln...... by makin, paymenllCYCry m".iII. J will mako my monthly paynteRlI on Lhc ftflt dly or uc:h munth beal"nln, on JdIIUlJry J. J99J I . I will make ill... pay"""" every monill until I "'n poJd III 01 III, princlpalllld In...... IIId Illy oIhcr c""," deKribcd beklw l1Iat I ma)' UWIl under !hll Note, My monthl)' paymcnll will be IppUbJ co InWell beror. principal. Ir. on OIu., J , 2014 , IIliD owe amounts under Lhl.s NutI, I wUI ply lho.sc lmQunllln run on INl "''''. whkh ~ called Ihe "Ma'urily D..... I will make m)' monthly pa)'mtn~ It "aN MON'lI'_ CfJrp. PVlr OfJ/c. BOJC 26J. FlJN W",h"',ron. "flIUyl"dnkJ J9OJ4 (8) Amount 01 Monthly ra)'mtnt! My monthly payment will be In the amUUnlllr U,S. S 483.0' 4. BORROIYER'S RIGHT TO PREPAY I hlvo the riahl to make pa)'mcnll or princlpalll Iny ume berore !he.y arc due, A plI)'mcnl or principal onl)' IIllnown u . "prcpI)'menL. When I make. prtpl)'mena.1 will telllhc NoI& UoWer In wrilJII.lha.1 am lIoln. so. I may mike I rull prepa)'ment at panl&I prc:p.)'mencs wlthoul p4yinll In)' prepayment ctwlc, The Note Holder wW use all or 10)' prepa)'met'13 to rtdua Lhc amouRI ur principul th.t I owe under lids Nol.c. I( I muc . pIItI&I ~lCp.)'menl. there will be no chanllu In the duo dale or In the amounl or my monthly pi)'menl unle.ss ahe Nole Holder acrw In wrilinl 10 thwe chanltl. 5. I.OAN CIIARG'.' Ir . law, which applltllO ll'lls 1011/1 and which IdI mlUlmum loan dWlca, La rUlaJl)' Inlerprett.d so thallhe inccreal or 0"," lnan chlVle.t collccled or to "" collecltd In (onnceuon with lhi, loan uc.wJ the pumiucd IImlll, Ihen: (I) any slIch toM chUltlhaJl bel ,educed by ill. .m"unl n<<casary "' reduc, ill, ch"'.. 10 Ihe p,nlllu.cd limll: Ind (II) lilY .umc lI,e.ody collec1<d lrom me whkh ellcetdetl pcnnltCtAJ IImill will be rerunded co mc, The HOI4 Holdu may chOOlC to make ItIlsltrund by reduclna the principal I owe under chit HOle or by malelna . duett paymenl ID mo. Ir I rerund ,educt.! principal. the reducLlon will be uaCtAJ u a partial p,epaymenL 6. BORROIYER'S FAILURE TO PA Y AS R.:QUlRED (A) lilt Chlr.1 ror Ovtrdut P.ymulI Ir Iho Nute Holdcr has not received lIIe rull amounl or any monthly paymenl by the end or jljtlln(/Jj caJendar day. anu Ihc dote II I. due, I will pa)' a lale ch.vae 10 the NUll HoWer, The Imoun. or !he charlo will be " ~ or my overduo poYlnenL I will pey LhislalO chllle PrumlllJy but only once on each IlIe payment. (B) D.I.ull Ir I do nol pay lito rullamounl or *1\ monthly ptl)'rnenl on tho da&e it "due, I will be In tlcr'UIL Dr.. . dlllcren' plac,11 required by ill, No.. Holde(, "ULn"AII ".10 "A" NOli. 'l~.t. ,.""', h.. ...11'''...,..... YIW'.,MIIllIt_'lJl '...UNU'" A...MI".,,, t'I'I'UlrOO'I'OOIIIJl~!i.;) l~lIl'.'IUJLI~ ....V'II"I Viii' WQIUOAal '0"'" ,...,.f, 11111111111111111111111111111111111 Ex.h'lbl+ IIA " EXHIBIT "&" ALL THAT CHR'l'AIN unit in the propel."ty known, ll~lned and identifitsd in the Dlle] Ilr"tion Plan, ref'iIl'red to bo1"w .... w...twood Vill..q.. Condominium 10cllt.ed in Rallt Penlluuoro Townllhip, c.:umbt:Lland County, commonwealth of Pennllylvania, whioh haa heretotor.. been submitted to the provisions (If tho Unit Propflrty l\ot of I'ennuylv"nia, Act of July 3, 1963, P.L. 196, by the recording in the office of lhe Recorder ot Deeds of Cumborland County, PonnBylvani", of " D..cl~nl\;ion creating and ElIt.llbli IJhing Westwood village Condominium dated Januat:y 29, 1975, and reoorded JanUAry 29, 1975, in Mill~. Book. 213, page 283, and amended by a oertain Firat Amendmont t.o O..claration Crealillg and Establishing W..twood villago Condominium dated May 26, 1916, and recorded on June 22, 1976, in Misc. Book. 222, page 729, and.a certain second Amendment to Doolar~tion Creating and E~t.ablishing Westwood village condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a oertain Third Amendment to Declaration Creating and Establishing Westwood village Condominium dated June 9, 1976, and reoorded on June 23, 1978, in Misc. Book. 236, PagG 225, and a oertain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creatillg alld Establishing Westwood village Condominium dated January 9, 1979, and recorded January 23, 1979, in Misc. BOOK 240, Page 884, and a certain Sixth Amendment to Deolaration Creating and Establishing Westwood village Condominiwn dated March 1, 1979, and recorded March 12, 1979, in Misc. Book. 241, Page 636, and a Code of Regulations of Westwood Villa9~ Condominium dated January 29, 1975, and reoorded on Jalluar:( 29, 1975, ill Misc. tlook. 213, page 328, and amended by a certain First Amendment. to Code of Regulatione of weeewood Villa~e Condominium dated MAY 26, 19'/6, and recorded on June 22, 1976, in Misc. Book. ,222, page 737, and Declaration Plan of Westwood village Condominium dated January 29, 1975, and recorded on January 29, 1975, ill Plan Book 26, Page 15, and amended by a oertain First Amendment to Declaration Plan of westwood village Condominium dated July 21, 1976, and recorded July 26, 1976, in Plan Book. 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1979, in Plan Book 33, Page 26, and amended by a certain Third Amendment to Declaration Plan of Westwood village Condominium dated January 9, 1979, and recorded January 23, 1979, in plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of westwood villAge Condominium dat.ed March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said oeolaration Plan of Westwood vil1ay~ Condomini~~ as Unit No. 225, Suite 120, L20-F2, in Block *5, Building t6, Known ao 225 Brian Drive, suitA 120, Enol., Cumber.land County, ~onn8ylvania, 0" more fully doocribod in 8uoh Declaration plan and Declaration Creating and Eotab1iohing Wootwood village Condominium, as the same appeara of rBoord as eet forth abovo, including any ADlendJnent.. thereto, 'l'OOUTIIl!lR with a proportionate undl.vidcd intcroilt in tho COlMlon Element. (oe defined in ouoh Doolaration) of Seven Hundred Ocvcnty-~~o Thou.andthe Porcent (.772\). UNDER AND SUBJECT to reotriotione of rcoord. iaa~ t~4.3 I\~~ 388 ~ I '~ j :;.. ('/11(" I +. ,---,. .. ) f3 I' E:<HtBn ",\" 'tHAT CHR'I'AIN unit in the property known, nllUled and identH..i.esd in he Decllu:'Ation PlAn, refex:red to colow Elll w...twood Villa.qu condominium loc...ted in Baat Penlllluoz:'O Townllhip, <;ulllbtlL'litnd County, commonwealth of ponneylvania, which haa heretotor., been 8ubmittad to the provisions (If the unit Property Aot of t'ennuylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Recorder of Deeds of cumberland County, Ponnsylvania, of a Dec1l1LlItion creating and E..tabll l)hing Westwood village Condominium dated .:JanuA!:y 29, InS, and reooz:'ded JlIolluary 29, 1975, in MitlL.:. Book 213, Page 263, and amended by Ii oertain Fir.t Amendmont to O.,clarAtion creAting and Establishing W..twood Villago Condominium dated Ma.y 28, 1976, and recorded on June 22, 1976, in MillC. Book 222, Page 129, nnd.a certain Second Amendment to Doolariltion Creating and EEl\'.lf,ul111hing Westwood village condominiWll dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1976, and recorded on June 23, 1976, in Misc. Book 236, PagG 225, and a certain Fourth Amendment to Declaration Creating and Establishing westwood Village Condominium dated June 13, 1976, and recorded on June 23, 1979, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Cr~atillg and Establishing Westwood village Condominium dated January 9, 1979, and recorded January 23, 1979, in Misc. Book 240, Page 994, and a certain Sixth Amendment to Declaration Creating and Betablishing Westwood village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book 241, Page 836, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on J~nuar~ 29, 197~, in Misc, ~ook 213, page 326, and amended by a certain F~r8t Amendment to Code of Regulations of Wutwood Village Condominium dated May 26, 19'/6, and recorded on June 22, 1976, in Misc. Book .222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1~7S, and recorded on January 29, 1975, in plan Sook 26, Page 15, and amended by a certain First Amendment to Declaration Plan of westwood Village Condominium dated July 21, 1976, and recorded July 26, 1976, in Plan Book 29, Page 72, and amended by a certain Second Amendment to Declaration plan of Westwood Village Condominium dAted June 16, 1976, and recorded on June 23, 1979, in Plan Book 33, Page 26, And amended by a certain Third Amendment to Declaration Plan of Westwood village Condominium dated January 9, 1979, aud recorded January 23, 1979, in plAn BOOK 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominimu dated March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said D~olarAtion Plan of Westwood vil1agtl Condominium as Unit No. 225, Suite 120, L20-r2, in Block is, Building *6, known aD 225 Brian Drive, lluit. 120, Enola, Cumberland County, t>onnsyl-,..niG, GIS :nore fully dosoribod in such DeclAration Plan and Declarat.ion Creating and Eotabliohing Wo~twood villnqe Condominium, as tho snm0 appoars of l:<<Ioord a. .<<It forth abovo, including any o.mendment.. thereto, 'l'OGI3'l'IIEl\ with a proportionate undivided interest in the Common Element. (all dofinod in ouoh OoolQrntion) of Seven Hundred Gcvcnty-T"...o Thou...ndthll POIrcent (.772\). UNDER AND SUBJECT to rsstriotions ~f rooord. eo'ci~ t~43 ?,\~~ 388 "-,... , 'I~ .1 (~ ~...... .. ... J~ ctJ." .... '~. I. .". ~..J ~ ')< l~.''''-; ,,:,.. ~~"J;::j " 0..1 <.>. t4.. __ M,',') III Q "-',i if r..j "He, ~ (,f) f'1u..: & :; ~ I t-.l.. '.. vI .~ \'" l... \It '.~ I).". ;" r' I) ~ ,~ ..J (~ , ,;) ~. '; iJ '" o 4'1' \" :r :r ~ '" ~ ~ ~ !~ iq I ~ ~~~I ~I~ ~ I -<l ~: 2 ~~~i :> ~~ i~~ .J ~ ~I~ It i; ~ " , ' . . ........14..._0>..14...'...14"......14.. OfiIIWOJ 004'1iW1l.1WaI1Uhll't'!Y . MELLON BANK N.A. AS SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYINANIA Plaint if f No.1.,. 'iOU e<u~.~ /P.." CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE vs. AVA L. PURDUE, Defendant COM P L A I N T 1. Plaintiff, MELLON BANK, N.A. AS SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), through its servicing agent PHFA, with its principal place of business at 2101 North Front Street, P.O. Box 8028, Harrisburg, Pennsylvania 17105. 2. Defendant, AVA L. PURDUE, is an adult individual whose last known address is 225 BRIAN DRIVE, ENOLA, PENNSYLVANIA 17025. 3. On or about November 23, 1994, the said Defendant executed a Promissory Note ("Note") in favor of Hart Mortgage Corp. ("Original Mortgagee") in the principal amount of $66,150.00, the proceeds of which were used to purchase a residential property located at 225 Brian Drive, Enola, pennsylvania 17025, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with the execution of the aforesaid Note, in order to secure payment of the same, Defendant, Ava L. Purd..e, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of Cumberland County in Mortgage Book 1243, Page 382, on November 29, 1994, conveying to original Mortgagee the subject premises. The Mortgage was assigned to Corestates Bank, N.A., as Trustee, for Pennsylvania Housing Pinance Agency, pursuant to the terms of said trust, and recorded as aforesaid in Book Volume 486, Page 854, on November 29, 1994. The Mortgage was further assigned ta Mellon Bank, N.A. as Trustee, for Pennsylvania Housing Finance Agency, pursuant to the terms of said trust, and will be sent for recording. said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 225 Brian Drive, Enola, Pennsylvania 17025 and is more particularly described in Exhibit "B" attached hereto. The Defendant is the sole owner of the said land. , 6. The Mortgage debt is in default due to the fact that Defendant has failed to pay the installment due on ****April 1, 1997 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $14.12 per day from 12/1/96 to 10/1/97 (pased on contract rate of 7.950%) (c) Late charges at $19.32 per month for 10 months $64,824.94 4,292.48 (d) Escrow Credit (e) 5% Attorney's Commission 193. .20 314.61 3,241.25 $ 72,237.26 *Together with interest ~t the per diem rate noted in (b) above after October 1, 1997 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above ar.e in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's . I~U II~ . NOTICE: TillS La, ! IS NOT ASSUMAr'" WITHOUT TilE APPROV AL OF THE DEPARTMENT OF VET1~<<ANS AFFAIRS OR ITS AUTHORIZED AGENT. . IIIlJ/94 . Comp 1/11/ j 'I,,,,,,,,, ):'''''''',WII~,,,, IIllh,l lI"lI~1 Wllhhl,,, 1111...111,*'''.,,,,, r.IJ,IV 0' thll urlqhlBI c1~tC:Il'" "' JlJ 8rl1t,. l>rl~.. Hnolll, "'~,"6,rl.tUI ('1)1411I1. ('Q".monw,d/,h oj "'11,..,/".,,,/4 17 l~_ .'_"~~ ~.'. _'__~__ lI''''p.''~ """""1 __. ___ 1.1l1lMAlIWt:K'S PMlIMISV, TO PAY In return tor. loan ltIal I hive rttclved. I prumlae Iu I'"Y U,S. $ ~1)r1rM;lpun.lllu. Inttt\'AI,ln the urder or l.he Lender. 1'he under i. I "~,, MlJrt,IJ" Carp. PUll OJIIu IJm 24'. F"n WlUllln"fJn, Pl'nn.ryl"lnl4 J90J4 U,1IS0.00 (lhlll IIIIUIIIII lJ called . I unllcnlAnd IhIILM ~,Mk:r Inl) lIwfcr Ihi, Nltte. The Lender lit M)'une whll Ulkea lhla NUll: hy llandcr lUll! willi I. cnLJLJrd In rccein paymcnu. unlltr 11I11 Nnla i. tailed Ltw: -Nnw Iluldu: 1. IN'fKAKST InItR" wlll b: (hilled un unpakl prindpol unlJllhc ruUamnunl or principill has been paid. I 'NUl pay IIILclC.lllI . )'arly rata or .7,9' 'lIo. TItC InlUt8l ,UIt ,~ulrcd by lhll SlXUtm 2 Is Lhe 111ft: I will pay bolh hcrme and witt any ddlllllllc.~rlbt.d in SccLlon 6(8) or lhilNlltc, J. PA YMV,NTS IA} 1'lm, and Plln u' 'lymlnlS I will pi)' Iwlnell)ll Anlllllleltal b)' lIlulnl PAymcnL1 ever)' munlh. I wlllmuc my lIIullahl)' IIIIYlIJcnllJ un the flrst dlY or cach munlh bellinnln, on Jal1tuJry I, 199' , . r will mua Ihcac: plymcnla evuy monlh until I hive paid all or the principal and Inttrell and Iny o&hcr ctwltA dCKribl:d beluw thlll I mlY IIW' undrl Ihl. Nn14. My monthl)' pl)'mcnll will be appl1cd to In!aut be(mo principal. If. on l),"mb" I . 2014 , I .till OWl: ImuunL, under ahls Hutt. t will PlY Ihoae IUnuunlaln (ull on Lhll lloce, which il tilled tho ~MDlurily l)Ulc: I will make Iny n1ulllhl)' INlYllltJIL' AI /lfm MII",iJ,. C'''p. ",n', O.f/lr:. BlJ.I26.1', Fort Wushll1,tnn, p,It,..,y/~11UJ I90J4 or ata dl((erenl place Irrequlred by the NUle Holder. (II) AmnulU 0' MlInlhl,YI'.)'mlnll My monlhly pa)'mcnl will be In the M10Uill or u,s. S .. 8 3.09 4. \I0AAOWEK'S A/GilT TO PUPA Y I hIIve the rlahllll make pll)'lJIcnLl of principal at an)' lime before thc)' !Ve due. ^ pnymcnl tlr princil)ld un I)' Is knnwn IIlI a .p,cpI)'mcnl: When I mue a p'epa)'lncnl, I wlllttlllhc NIIIe lIulLler In w,Itiu" 11I11 11m Ilol",lSn. I may Inake I rull11rclJaYlnCnl or panlal rA'cpaymcnts whhnullla)'lng any P,cl)l))'menl charKc. The Note Ihdde, wUl use all or my prtpaymelllll 10 ,alUl.:c the amount ur principallhlll r IIwe under wis Note. Ir I IOUC a partial prclJoyrnenl. thete will be no chillies in the JUG date Qr in the amUl1nt uC my monlhly pa)'lIIenl unlc.s.'!llhc Nllle lInllle, aarua in wrion, to those chanlCl. 5. WAN CIIAA<;f.~ IC. law, which applie8 III thi~ JOM and which sets mllAimurn limn chlU'8~. is linally inlapre~ so Lhlt the inatrealor other loan chwles cullecled or III be collected In conn<<uol'l with Ih.ls loan ucecd the pc:.I1llitlcd IhnlllJ, Ihen: (I) Ill)' slIch lman chlllO &hall he rcduct&.l by the amnunt nccc,'ISl1I'y III reduce the chlUKe tll the l)CfflliUtd limit; and (Ii) M)' sums alrtOlly coll<<led rrom me which cllccedetl permitted limits will he ,dunded 10 me. The Nme Holder may chooftC In make thill rerund b)' reducing the principal I owe under ihl" Nole ur by maltlnl I lIirccl payment In me. It I rduml reduces principal. the reduction will be lrealed u a pan1a1 prcpaymenL '.\I0AAOWEA'S fAII.URE TO PAY AS Av'QlJIAfiD CA} Lall Char.. tor Onrdu. P"menlS If !he Note HlIllie, ha.. nnl ,<<clval the full amount uf .n)' munthly po)'melll h)' the end or flft",,(I') calcnliar"")', .CIer the llolU II i. due. J will PllY II hue charse In the Note lIollle,. The amounl of the tharge will be <4 'N. of my u~c'due pB)'rnc:nL I will p6)' lhilllulc ctwac pmml~y bUI!)nl)' once on ea&:h late pI)menl. In) Dd..1I Ir I 00 not PO), Ihc run IUJIClunl or elth monthly fU1)mc1lL on &he dlld it is due, I will be In ddlUIL MUllllI"" ..... """..on. Ilftl.' ',11I"," "lilli, M"""..'... UIIU",.III"UII.III1I ... ",," UOD 11111 ~.IV ("0.' "",,""4.'" Ill'" 11I0"'0'\1)1 'ORIIlI "\3'311"1'00 '1IOOI'9!!I!b.. ",'1"1 I"ILI.II:~ IIIIIIII~IIIIIIIIIIIIIIIIIII~IIII Exh'tbt.t- IIA " E;(!ilBIT "&" ALL THAT CHR'l'AIN unit in the propel:'ty known, ulI",ad and ldentiJ:.i....d in tho D8C] IIrAtion Plan, rel,ured to bolow au w...twood Vill/iqu Condominium lOCllted in Haot Penllwboro 'l'own" hip , <':uuWtll.ltind County, conunonwolllth of PQnl\lIlylvllnia, which hCllS hereto~oru bo.m submitted to the provisions nf the Unit Property Aot of L>ennuylvani., Act of July 3, 1963, P.L. 196, by the reoording in the office of LILa Recorder of Deeds of CumbQrland County, PonnsylvaniCl, of CI Dec;leu<1Lion creating and ElltablllJhing Westwood Village Condominium dated .;anulu:y 29, 1975, and recorded JtillU&lry 29, 1975, i.n Mitl\;. Book 213, page 283, and amended by il certain Fir.t Amendmont to Dtlclaration CreaLiug and Establishing We.twood Villago Condominium dated Hay 26, 1976, and recorded on June 22, 1976, in Misc. Book 222, Page 729, and.a certain Second Amendment to Deolar~tion Creating and Eatubli8hing Westwood village condominilun dated July 21, 1976, and recorded on July 26, 1976, in Misc. BOOK 223, Page 343, and a certain 'l'hird Amendment to Declaration Creating and Establishing Westwood Villa~e Condominium dated June 9, 1976, and recorded on June 23, 1978, ~n Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1979, and recorded on June 23, 1978, in Misc. BOOK 236, Page 250, and a certain Fifth Amendment to Declaration Creating ll.ud Establishing Westwood village Condominium dated January 9, 1979, and recorded January 23, 1979, in Misc. Book 240, Page 884, and a oertain Sixth Amendment to Deolaration Creating and Bstablishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book 241, Page 936, Rnd a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on J uuuClr)' 29, 197!l, in Misc. I:look 213, Page 328, and amended by a oertain First Amendment to Code of Regulations of We.twood Village Condominium dated May 28, 19'16, and recordsd on June 22, 1976, in Misu. Book .222, Page 737, and Declaration Plan of Westwood Villuga Condominium dated January 29, 1975, and recorded on January 29, 1975, iu Plan Book 26, Page 15, and amended by a oertain First Amendment to Declaration Plan of westwood village Condominium dated July 21, 1976, and recorded July 26, 1976, in Plan BOOK 28, Page 72, and amended by a certain Second Amendment to Declaration plan of Westwood Villuge Condominium dated June 16, 1978, and recorded on June 23, 1979, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declarati.on Plan of Westwood Village Condominium dated January 9, 1979, aud recorded January 23, 1979, in plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan cf Westwood Village Condominium dated March I, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said Deolaration Plan of Westwood villll.~~ Condomini~~ as Unit No. 225, Suite 120, L20-P2, in Block i5, Building 16, known as 225 Brian Drive, Suit. 120, ~nola, Cumberland County, ~GnneylvAniQ, Cl8 more fully d080ribad in suoh Deolaration Plan and Deolaration Creating and Eotabliohing Woatwood Villoge condominium, a. the Bame appears of reoord aB .et forth abovo, inoluding any amendmente theroto, 'l'OGBTIIEn with a proportionate undivided interest in the Comnlon Elements (os definod in ouoh Doolaration) of Sevon Hundred Geventy-Two Thousandths Percent (.772\). UNDER AND SUBJECT to reotriotione of record. !OO~ t~43 1\~: 388 I l \ I {) " rjJIlhl" 0 EXHIBIT ",\" 'l'IIAT CHR'1'AIN unit in the propel:ty known, llluned and identi!.i.ud in o D.cl,u:'lltion Plan, refet'red to bolcjw CUI w...twood vill..q.. Condominium )OolAted in Ballt PenulIboro 'l'ownship, <.:umb':ltll1nd County, commonwealth of PlInneylvania, which h~e hereto tor.. been submitted to the provisions nf the unit Property Aot of [l~lIlnllylvania, Act of July 3, 1963, P.L. 196, by the reoordinq in the office of the Recorder of Deeds of cumberland County, Ponnoylvania, of " DecllulI.tion creating and Eytabll"hing WelStwood village Condominium dated January 29, 1975, and recordlld JllllUCU:Y 29, 1975, in MitlL.:. Book 213, page 283, and liIlIended by Ii oertain l?ir.t Amendmont to Otlclaration creating and Establishing We.twood villago Condominium dated M..y 26, 1976, and record$d on June 22, lS76, in Misc. Book 222, Page 729, and.a certain Second Amendment to Doolar~tion Creatinq and E~tliblishing Westwood village Condominium dated July 21, 1976, and recorded on July 26, 1~76, in Misc. Book 223, page 343, and a certain Third Amendment to Declaration Creating and Establishing westwood Village Condominium dated June 9, 1976, and reoorded on June 23, 1976, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing westwood village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creatil\g alld Establishing westwood village Condominium dated January 9, 1979, and recorded January 23, 1979, in Misc. Book 240, Page 884, and a certain sixth Amendment to Declaration Creating and Establishing wostwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book 241, Page 836, and a Code of Regulations of westwood Village Condominium dated January 29, 1975, and recorded on JllllUAri 29, 19", in Misc. tlook 213, O'age 328, and amended by a certain F rst Amendment to Code of Regulations of We.t.wood village Condominium dated May 28, 19'16, and reoorded on June 22, 1976, in Misc. Book ,222, Page 737, and Declaration plan of We.twood villlig8 Condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by a certain Fir.t Amendment to Declaration Plan of westwood village Condominium dated July 21, 1976, and recorded July 26, 1976, in plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration plan of We.twood Village Condominium dated June 16, 1976, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment. to Declaration Plan of westwood Vlllage Condominium dated January 9, 1979, ..nd reoorded January 23, 1979, in plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of We.twood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Plan Book 3~, Page 3, being designated on said Deolar~tion Plan of. Westwood villaqe Condominium as Unit No. 225, Suite 120, L20-F2, in Block ~5, Building *8, known as 225 Brian Drive, Suit.e 120, Enol., Cumberland County, I'onneyl'n~nia, 0.15 more fully dQaoribQd in euoh Deolaration Plan and Declaration Creating and Eot.abliohing Wootwood village Condominium, as the .ame appoar. of reoord .. .et forth abovo, inoluding any amendment. thereto, TOGBTlIBR with a proportionate undivided intcrcet in th~ Common Element. (AS dofinod in ouoh Doolar~tion) of Seven Hundred Gevent.y-Two Thou..ndth. Percent (.772'1. UNDBR AND SUBJICT to reatriotion. of rooord. &OO~ t~43 P,\~~ 388 " " I, " ., . ' , , ' ,I " ,. , " "I " , ' " ,: 0 ....(1 ,',', ~:~~;. t.." I ~/\:" ..' , . ,'1 pi , ~ } ". , ~," ,r: ; ~- , 1 1:/ ,J ': r> : :;-. , -' . ~', ,";1 .'. , ' , , " " , ! , . (") Ion n I~:' l.'} I -. ~T.' , '1 , I ~ 1. , :; , , .' , I . J , , r"" ." , , >,( I ( , ... ~ 1 , ::1 .,~ 1 ., 'i-' I , , ;1 F ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Wntwood Village Condominium located in East Pennsboro 'I'ownship, Cumberland County, Commonwealth of Pennsylvanla, which haa heretofore been ftubmitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P,L. 196, by the recording in the office of the Recorder of De.ds of Cumberland County, pennaylvania. of a Declaration Creating and Establishing Weatwood Village Condominium dated January 29. 1975, and recorded on January 29. 1975, in Misc, Book 213, Page 283, and amended by a First Amendment to Declaration Creating and Establishing Westwood village):ondominium dated May 20, 1979, and recorded June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amend~ent to Declaration Creating and Establishing WlIstwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223. Page 343. and a certain Third Amendment to Declaration Creatlng and Establishing Weatwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating-and Eatabllshing Westwood Village Condominium dated June 13, 1978, and recorded on June 23', 1978, in Misc. Book 236, Page 250. and a ce~tain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9. 1979. and recorded on January 23, 1979, in Mise, Book 240, Page 884. and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March I, 1979, and recorded March 12, 1979, in Misc. Book 241, Page 836, and a Code of Regulations of Westwood Village Condominium dated .January 29, 1975, and recorded on' . ..~.." January 29. 1975. in Misc. Book 213, Page 328. and amended by a certain First Amendment to Code of Regulotions of Westwood Village Condominium dated May 28, 1976. and recorded on June U, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29. 1975, and recol'ded on January 29, 1975. in Plan Book 26, PlIge 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amendad by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16. 1978, and recorded on June 23, 1978, in Plan Book 33. Page 28, and amended by a certoin Third Amendment to Declaration Plan of Weatwoo.;l Vil.lage Condominium dated ,January 9, 1979. and recorded January 23. 1979, in Plan Book 34, Page 100, lInd amended by a certain Fourth Amendment to Declaretion plan of Westwood Villag~ Condominium dated March 1, 1979, and recorded March 12, 1979. in Plon Book 35, page 3, being designated on laid Declaration Plan of Westwood Villoge Condominium as Unit No. 225, Suite 120, L20'2F2. in Block US, Building U8, known as 225 Brian Drive. Suit.. 120, Enola. Cumberland County. Pennsylvania, ae mors fully described in such Declaration Pllln and Declaration Creating and Eatablishing Westwood Village Condominium, as the same lIppears of record as set forth above, including any amendmllnts thereto, 'I'OGE'I'IlER with a pl'oportionate undivided interest in the Common Elements (as detined in such Declarat ion) of Seven Hundred Seventy-two Thousandth. Percent (.772\). HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, PA 17025. BEING THE SAME PREMISES which Timothy J. Houck and Maryanne Houck, by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of Deeds Office on November 29, 1994 in Deed Book 115, page 456, granted and conveyed unto Ava L. Purdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY JUDGMENT NO. 1997-5032 CIVIL. Parcel # 09-12-2992-001A V225 '.' , , " , " ,I f~ --.. ~ ~ - ~ .\~ "';;s ....... ~ ~ ~1;C) ~~ .;;,., <U.. ,t< C . " , " . , " () 1.1) I' ) l: . .._.l , I ",9 ! J r"fJ ; 'j' ~ . I 1 .-. .J , I':) :',._, I " , I , , , 1 , )' 1 , :', , ;~ ~ 'I ;~ Hi" " , , l,.'~ >I> " 1 < .1 , I ..... ~ i I I'll' ,I ,) -.J' " : , " , ) " , ., . , ) , ..1, " - , , , .. .i '" " " ! ", i ' . I I I MELLON BANK, N. A., AS SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 1997-5032 CIVIL CIVIL ACTION . LAN - IN MORTGAGE FORECLOSU~E AVA L. PURDUE, DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PRO~(1RE 3129 i, TAXlll NOTICBl That the Sheriff'a Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 3, 1998 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 225 Brian Drive Enola Cumberland County Pennsylvania THE JUDGMENT under or pursuant to which your property i8 being sold is docketed in the within Commonwealth and County to: 1997-5032 Civil ALL 'I'IlAT CERTAIN un't 1lI the property known, named and identitied in the Declaration Plan, referred to below as Westwood Village "'ondominium locued in East pennsboro Township. Cumberland County, Commonweal th of Pennsyl van,a, . which has heretofore been submitted to the provisions of the Un't Property Act of , . Pennsylvania, ACt of July 3, 1903, P.L, 196, by the recordlng ln the office of the Recorder of Deeds of Cumberland County, Pennsylvania, ot a Declaration Creat,ng and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc, Book 213, Page 283, and amended by a First Amendment to Declaration Cr.ating and Establishing Westwood Vil1age)Condominium dated May 20, 1979. and recorded June 22, 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishlng Weatwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establish,ng Westwood Vlllage Condominium dat~d June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating-and Establ,shing Westwood Village Condominium dated June 13. 1978. and recorded on June 23~ 1978, in Miac. Book 236, Page 250, and a certain Fltth Amendment to Declaration Creating and Establish,nq Westwood Village Condominium dated January 9, 1979, and recorded on January 23, 1979, in Hisc, Book 240. Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Weatwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Hisc. Book 241, Page 836. and a Code of Regulations of. Westwood Village COlldominium dated ,1anuary 29, 1975, and recorded on January 29, 1975. in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condomillillm dated May 28, 1976. and recorded on June 22, 1976, in Misc, Book 222, Page 737, and Declaration Pl~n of. Westwood Villag$ Condominium dated January 29, 1975, and recorded on January 29, 1975, ill Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan ot Westwood Vil1aqe Condominium dated July 21, 1976, and n;corded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated ,1anuary 9, 1979, and recorded January 23, 1979, in Plan Book 34, Page 100, and amendec1 by a cereain Fourth Amendment to Declaration Plan of. Westwood Villag" Condominium dated March 1, 1979, and ".corded Harch 12, 1979, in Plan Bool< 35, Page 3. being designated on said Declaration Flail of. Weotwood Village Condominium as Unit No. 225, Suite 120, L20-2[,2, in Blocl. 115, Building 118, known as 225 Brian Drive, Suite 120. Enol., Cumberland County, Pennsylvania, as more tully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, ~s the same appears of record all set forth above. including any amendments thereto, TOGE'I'IlER with a proportionate undivlded interest in the Common Elements (as defined in such Oeclaration) of Seven Hundred Seventy- two Thousandth!! Percent (.772\). HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, PA 17025. BEING THE SAME PREMISES which Timothy J. Houck and Maryanne Houck by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of Deeds Office on November 29, 1994 in Deed 300k 115, page 456, granted and conveyed unto Ava L. Purdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY JUDGMENT NO. 1997-5032 CIVIL. Parcel ij 09-1~-2992-001A V225 ALL T/II\T CERTAIN Ulllt III th~ property known, named and identUied in tile DeclaratIon Plan, relerred to below as Westwood Village Condominium located in East pennsboro Township, Cumberland Founty, Commonwealth 01. Pennsylvania, . which has heretofore been submitted to the provisions 01 the Unit Property Act of . Pennsylvania, Act 01 July 3, 1%3, P,L, 196, by the recording in the of lice 01 the Recorder 01 Deeds 01 Cumberland County, Pennsylvania, 01 a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, ill Miac, Book 213, Page 263, and amended by a Fint Amendment to Declarat ion Creat ing and Establishing Westwood villageJCondominium dated May 20, 1979, and recorded June 22, 1976. in Mise, Book 222, Page 729, end a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Mise, Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwoo~ Village Condominium dated Jlme 9, 1978, and recorded on June 23, 1976, in Misc, Book 236, Page 225, and b certain Fourth Amendment to Declaration Creating-and Establishing Westwood Village Condominiu'll daced June 13, 1978, and recorded on June 2)', 1976, in Misc, Bool, 236, Page 250, and a cenain FUth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979, and recorded on January 23. 1979, in Misc, Book 240, Page 664, and a certain Sixth Amendment to Dllclaratioll Creating and Establishing Westwood Villoge Condominium dated March I, 1979, and racorded March 12, 1979, in Mi.c. Book 241, Page 836, and a Code 01 Regulation. of We.twood '1illage COlloominlum dated .1anuary 29, 1975, and recorded on January 29, 1975, ill Mise, Book 213, Page 328, and amended by a certain First Amendment to Code 01 Regulations ot Westwood Village Condominium dsted May 20, 1976, and recurded on June 22, 1976, in Mise, Book 222, Page 737, and Declaration Plan ot westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by a certain ~Irst Amendment to Declaration Plan ot Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Bool, 28, Page n, and amended by a certain Second Amendment to Declaration Plan 01 Westwood Village Condominium dated June 16, 197B, and recorded on June 23, 1978, in Plan Book 33, Page 26, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condomil1ium dated ,January 9, 1979, and recorded January 23, 1979, in Plan Book 34, ~ge 100, and amended by a certain Fourth Amel1dment to Declaration Plan of Westwood Vi llagp. Condominium dated March 1, 1979, and ncorded March 12, 1979, in Plan Bool< 35, Page 3, being designated on said Declaration Plan 01 Westwood Village Condominium as Unit No, 225, Suite 120, [,20-2~2, ill Bloc/, tiS, Building tlB, known as 225 Brian Drive. Suit.. 120, Enola, Cumberland County, Pennsylvania, u man fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undividlld interast in the Conrnon Elements (aa de/ined in .uch Declaration) at Seven Hundred Seventy-two Thou...ndth. Percent (, 77Hl, HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, PA 17025. BEING THE SAME PREMISES which Timothy J. Houck and Maryanne Houck, by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of Deeds Office on November 29, 1994 in Deed Book 115, page 456, granted and conveyed unto Ava L. Purdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY JUDGMENT NO. 1997-5032 CIVIL. Parcel # 09-12-2992-001A V225 ~ .:r "- \',-; f" .~ " ("-' ~; .. ),....,. u~S,' -' '1" - , .,1 1'-6 :a:: . ~-_I, ....'1' ..:;e ".~l r'-" ~~. .... @( (1' :"" ) , ,. I ~:I ~;";: I. ,'.' fili, .., .,.1 LlI ~ ,L..." -, ~r~..;.... " =. ~5 ~. en '} '" () ..; Ul< ~ .... '"' <> u .... c: ~...:l Z ,., III ...:l:>< < '"' 't) ... IloUl Z c: c: tLl ~ Z ~ 1-1 '.1 Q) Ul~ ZZ e:: ~ III .... ...:l OtLl :::> Uleo: .-< Q) 0< ~llo Ul ":01.:) llo Cl ...Ul ...:l0 ~z 0 ..:3: H""" 1-1 ZUl ~ u:><<>u . tLl Ul 0- ~; E--I..:1HtL1 <tLl:::> I-I~ "-z ueo: .... 0 ~ f.1.o 0:::> I 0 ZUl:C 01-1 I, 0 '" ~ :::> III tLl 2: eo: ~ ...uz'" . eo: < :- 2 tLl eo: OOtLl ~...z Ul:C )' oS :::>ClHLfll.:) e:: - Ul OZ... I < <eo: < :::> ~ u<u,....I.:) CIlO> llo ~~ ...:l<"'... Ul..J HCl tLle:: ",eo: ZUl;><:>< ...H ~ :ctLl...:l-<O OtLlUlU ...:l ZUl ...CIlH 2: ...:lUZZ H< 2:> . ...:lUZtLl < j Z:::>I-I02: tLl:::>~I.:) > I-IUUZI-I 2:tlJllo< < llo t .. . , ,', , ~ .. . 14,*,"1"" U'''14I' '."'4"'."1" OMl'tIfCI~~A,*,"''N''I'1J!'''Lt.,,. HELLON BANK, N,A., as I IN THE COURT OF COMMON PLEAS Suocessor Trustee for I PENNSYLVANIA HOUSING FINANCE I CUMBERLAND COUNTY, PENNSYLVANIA AGENCY I Plaintiff I I CIVIL ACTION - LAW vs. I I NO. 1997-5032 CIVIL AVA L. PURDUE I I IN MORTGAGE FORECLOSURE Defendant I PLAINTIFF'S MOTION TO SET ABIDE SHERIFF'S SALI AND NOW comes Mellon Bank, N.A., as Successor Truf'tee for Pennsylvania Houeing Finance Agency and moves to set aside the Sheriff's Sale held June 3, 1998, as follows I 1. Pennsylvania Housing Finance Agency holds the first mortgage against Defendant's property located at 225 Brian Drive, Enola, Pennsylvania 17025. 2. On June 3, 1998, Sheriff's Sale was held at Plaintiff's request wherein Mellon Bank, N .A., as Successor Trustee for Pennsylvania Housing Finance Agency purchased the property for costs. 3. The wi thin loan is insured by The Secretary of Veterans Affairs (VA). 4. At the time of the scheduled Sheriff's Sale, Plaintiff had not completed certain actions as required by the VA prior to the Sale. 5. By setting aside the Sheriff's Sale, Defendant will be able to continue to reBide in the propeJ;ty for at least three additional months at no cost. AL~ THAT CERTAIN unit in the property known, named and identitied in the Declaration Plan, reterred to below as Westwood Village Condominium located in Easc Pennsboro Township, Cumberland County, Commonwealth 01 Pennsylvania, which has heretotore been SUbmitted co the provisions 01 the Unic Propercy Act of Pennsylvania, Act of July 3, 1963, P.~, 196, by che recording in the ottice of the Recorder 01 Deeds of Cumberland Councy, pennsylvania, of a Declaracion Creacing and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, In Misc, Book 213, Page 263, and amended by a First Amendment to Declaracion Creacing and Es~ablishing Wescwocd village,condominium daced May 20, 1979, and re70rded June 22, 1976, in Misc, Book 222, Page 729, and a cercaln Second Amendmenc to Declsration Creating and E~cablishing Wescwood Village Condominium daced July 21. 1976, and recorded on July 26, 1976, In Miac, Book 223, paga ~~3, and a cercain Third kmendmenc to Declaration Creacing and Establishing Wescwood Village Condominiu~ daced June 9, 1978, and recorded on June 23, 1978, in Miac. Book 236, Page 225, and a certain Fourch Amendmenc to Declaracion Creacing-and Escabllshing We.cwood Village , Condominium daced June 13, 197e. and recorded on June 23, 1978, in Misc. Book 236. Page 250, and a cercain Filch Amendment to Declaration Creacing and Escablishing Wescwood Village Condominium daced January 9. 1979, and recorded on January 23, 1979, in Misc, Book 240. Page 664, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979. and recorded March 12, 1979, in Misc. Book 241, Page 836, and a Code 01 Regulations at Westwood Village Condominium dated ,1anuary 29, 1975, and recorded on January 29, 1975. in Misc. Book 213, Page 328, and amended by a certain Firsc Amendment to Code of Regulacions 01 Westwood Village Condominium daced May 28, 1976. and recorded on June 22, 1976, in Mise, Book 222, Page '37, and Declaration Plan of Westwood Village Condominium dated January 29. 1975, and recorded on January 29, 197$, in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976. and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan 01 Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978. in Plan Book 33, Page 26, and amended by a cercain Third Amendment to Oeclaration Plan of Westwood Village Condominium dated .;January 9, 1979, and recorded January 23, 1979, in Plan Book 34. ~age 100, and amended by a certain Founh Amendment to Declaration Plan ot Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Plan 800k 3$, Page 3, being designated on said Oeclaraeion Plan of Westwood Village Condominium as Unie No. 22$, Suite 120, L20-21T2. ill 810cl, 115, Building 118, known as 225 Brian Orive, Suit" 120, Enola, CUl1Ib"rland County, pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing wesewood Village Condominium, as the same appears ot record as set torth above, including any amendments thereto, TOGETHER witll a proportionate undivided interest in the Common Elements (as de lined in such Oeclaration) of Seven Hundred Seventy-two Thousandth. Percent (,772\1. HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, PA 17025. BEING THE SAME PREMISES which Timothy J. Houck and Maryanne Houck, by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of Deeds Office on November 29, 1994 in Deed Book 115, page 456, granted and conveyed unto Ava L. Purdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY JUDGMENT NO. 1997-5032 CIVIL. Parcel ij 09-12-2992-001A V225 '6t - Sl) .~ . 8 ..t- b' "8- 0... f (", (0 .,. ..~ ~ ~ ~.... " - - ~ ~ lJl ~ OJ , . ~ g 8 8 11.. --a -a. "8.. --a 1 Jl t } ~ Q.J ..0 Cj) (1 , . 6s Z7i o o "'K- ~ ~~. ~ ~.~ .0 - -J U\ I n ,.n ("" CP ;-l' "'. n"r ~;:.; rTI," I ',~ '~~r~l' - (,"J" '-:':'1"" , ~ '. " :.:.~, ~. ~~ ....... ~..~ " ~ r:J t;(. ,;1 , 1 ..~J . ; 'J /'1 , ") 1\\ ,'I '.. .:..(1 11'\ , . ~"I :il ;:;,; -,) ,~ ''''' (Vi) '" , , 0 I.," ,q S'~ OJ 'T~ ;:'~\ ':t;: ,J r.j. I -' f :;-.~ 11'1 'J.J r;"'i' ,,:~ ," ", 0 ,"- i~: ~ r. , ' ) ::., "';1 -- r ,.. -'. , (', .. .~ . J:- \.>'11 .~:~ ~.t l.l :i~ , '. ..... , ' " " " "", " , , 'I l'i I , I I, I 'g ~ liP. ;RW ,~f!l ~:<. kl.) >C' ~' .... '.. ;;- ,,) ~ ./:' I P. ", 0 c:;> 'fI ~~ r ' :;J '-"11"!1 ~ (1'1,', ! ,,;;!l ~ql '- ',I~ ,,"r- 0"1 c: (I'l." 0' ~' f+) r:~ r,. J ,-,~ " ~:~~:j :!~ ',,:: I " , )R }:.. l~ t:'" l:.5 l.. .. ..,. .~ - ~ .- (0) ", i' 'I ALL THAT CERTAIN unit in the prop.rty known, n.med .nd id.ntifi.d in the D.cl.r.tion Plan, ref.rred to b.1ow .. W..twood Vill.ge Condominium loc.ted in East Pennsboro Township, Cumberlsnd County, Commonwealth 01 pennsylvania, which has heretotore b.en submitted to the provisions of the Unit Property Act ot pennsylvania, Act of July 3, 1903, P.L, 196, by the recording in the olfice of the Recorder of Deeds of Cumberland County, Pennsylvania, of ~ DeclaratLon creat~ng and Esteblishing Westwood Village Condominium dated January 29, 1975. and r.corded on January 29, 1975, in Misc, Book 213, Page 283, and smended by a First Amendment to Oeclaration Creeting and Establishing Westwood Village.condominium dated May 20, 1979, and recorded June 22. 1976, in Misc, Book 222, Page 729. and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976. and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Oeclaration Creating and Establishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendmont to Declaration Creating-and Establishing Westwood Village , Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236. Page 250, and a certain Fifth Amendment to Declaration Creating and Establishillg Westwood Village Condominium dated January 9, 1979, and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Miae. Book 241, Page 836, and a Code of Regulations ot WestwOod Village Condominium dlltl!d .Tanuary 29, 1975, and recorded on January 29, 1975, in Misc, Book 213, Page 328, and amended by a certain Firat Amendment to Code 01 Regulations of Westwood Village Condominium dated May 20, 1976, and recorded on June 22, 1976. in Misc, Book 222, Page 737, and Oeclaration Plell ot Westwood Village Condominium dated January 29, 1975, and recorded on January .9, 1975, in Pllln Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Villaga Condominium dated July 21. 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan 01 Wl!stwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a cerellin Third Amendment to Declaraeion Plan 01 Westwood Village Condominium dated January 9, 1979, and rocorded January 23, 1979, in Plan Book 34, Page 100, and lImended by a certain Fourth Amendment to Declaration Plan ot Westwood Willago Condominium dated March 1. 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said Oeclaration Plan 01 We.twood Villnge Condominium as Unit No. 225, Suite 120, L20-2F2, in Bloc" 115, Building 118, known as 225 Brian Drive. Suite 120, Enola, Cumberland Couney. Pl!nnsylvania. as more fully described in such Oeclaraeion Plan and Declaration Cr.ating and Establishing Westwood Village Condominium, as ehe same appears ot record as see torth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Uements (as defined in such Oeclaration) of S.ven Hundr.d Sev.nty-two Thouaandths Percent (,772\1, HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, PA 17025. BEING THE SAME PREMISES which Timothy J. Houck and Maryanne Houck, by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of Deeds Office on November 29, 1994 in Deed Book 115, page 456, granted and conveyed unto Ava L. Purdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY JUDGMENT NO. 1997-5032 CIVIL. Parcel ~ 09-12-2992-001A V225 , , , , }' , , , , , , , , , , , , , "I ., " , , ',' " '" o -n , , ~ ,0 0 O~ -1'1 "'J~<; ~ .;J Q)I'I, t. . ..i~1 J~ .....' ;!~ ~;~ ~~-; l::l :; f~~i. ,; "l, Jl"J , t~. _, , ~~r-',; ...,. "JF~ ~.. ..:~ 1'-" i:- (~j I .P' (", .. "-1 .'1" 5; :J - , t',.) -<; ',' " MEL:'ON BANK, N .A., AS SUCCESSOR TRUSTEE FOR THE PENNSYLVANIA HOUSING FINAN'CE AGENCY, PLAINTIFF V5. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA t NO. 1997-5032 CIVIL AVA L. PURDUE, CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTAT& PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICEI That the Sheriff's Sale of Real Property (real estate) will be. held: DATE: WEDNESDAY, JUNE 3, 1998 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement ot the measured boundaries of the property, together with a briet mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 225 Brian Drive Enola cumberland County ,Penneyl vania THE JUDGMENT under or pursuant to which YOl.lr property i. bdng sold is docketed in the within Commonwealth and County to: J.997-5032 Civil ALL TKAT CER'fAIN unit In th~ property known, named and ldentltled in the Declaration Plan, re~erred to below as Westwood Village Condominium located in East p~nnsboro Township, Cumb~rland County, Commonw~alth 01 Pennsylvanu,. which has heretofore been submitted to the provisions 01 the Unit Property Act of Pennsylvania, Act 01 July 3, 1963, P,L, 196, by the recordlng In the of lice of the Recorder 01 Deeds of Cumberland County, Penneylvanla, 01 a Declaration Creating and Establishing Westwood Village Condomlnlum dated January 29, 1975, and recorded on ,January 29. 1975, In MISC Book 2lJ,Page 203, ond."mended by a First Amendment to Declaration Creating and Establishing Westwood villageJCondominium dated May 20, 1979, and recorded June 22, 1976 in Misc. Book 222, Page 729, and a certain Second Amendment to D~claration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc, Bool, 223, Page 3.3, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1970, and recorded on June 23, 1970, in Misc, Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating-and Establishing Westwood Vlllage , Condominium dated ,June 13, 1970, and recorded on June 23, 1978, in Misc. Soak 236, Page 250, and a certain Filth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979, and recorded on January 23, 1979, in Misc, Book 240, Page a84, and a certain Sixth Amendment to Declaration Creating and EStablishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book 241, Page 836, and a Code of Reg,~lations ot Westwood Village Condon,inium dated ,1anuary 29, 1975, and recorded on January 29, 1975, in Mise, Book 213, pago 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 20, 1976, and recorded on June 22, 1976, in Mise, Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Con<lominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Bool, 28, Page 72, and amended by a certain Second Amendment to Declaration Plan 01 Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan So ok 33, Page 20, and amended by a certain Third Amendment to Declaration Plan 01 Westwood Village Condominium dated ,;Tanuary 9,' 1979, and recorded January 23, 1979, in Plan Book 34, page 100, and amended by a certain rourrh Amendment to Declaration plan ot Westwood Villag~ Condominium dated March 1, 1979, and recorded March 12, 1979, in Plan Bool< 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit No, 225, Suite 120, {,20-2f2, in Block liS, Building 110, known as 225 Sri an Drive, Suite 120, Enola, Cunlberland County. Pennsylvania. AS more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, aa the same appears of record aa set lorth above, including any amendments thereto, TOGETHER with a proportionate undivided intereet in the Common 1l1emanta (as defined in such Declaration) of Seven Hundred Seventy-two Thousandths Percent (,772'1, HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, PA 17025. BEING THE SAME PREMISES which Timothy ,J. Houck and Maryanne Houck, by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of D~eds Office on November 29, 1994 in Deed Book 115, page 456, granted and conveyed unto Ava L. Purdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY JUDGMENT NO. 1997-5032 CIVIL. Parcel # 09-12-2992-001A V225 WRIT OF EXECU'nON and/or ATTACHMENT COMMONWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 97-5032 CIVIL 19 CIVIL ACTlo"N - LAW TO THE SHERIFF OF CUMBERLI\ND COUNTY To satisly the debt, Interest and costs due Mell(}nnBan.k.~_.~~.:..' as Successor Trustee for the pennsylvania Housing Finance I\gency .. -. A~~ '-L:' purd':;;;;-'22-S- Or tan Dr. ,'-E'rl'ola "PA-- 1 702 5. trom,..___...._._______...__.....___." ....._..______. . ,,_no..' ..__.n.._....___.____ PLAINTIFF(S) ___ ._____, ____._~ _.. __. ._._.______.'__n_. .._~__. ._.___. ...._ .________.__u._______ -.,. .-..---. DEFENDANT(S) Real estate located - - -., _._.~--_..--_.._-~~.-._-~--_.--_.,._._-_._._--_....-----------.-. (1) You are directed to levy upon the property of the delendant(s) and to sell at 225 Brian Dr., Enola PA 17025. (See attached legal description) .._---~-..~~---_._- .__.._--_..._-~-- .__._.~-------_..~-_., ------------.----..-----..--...--- (2) You are also directed 10 attach the property ollhe delendant(s) nollevled upon In the pc.ssesslon of -- - --~._._-------_._-_.-._-------_._-_.._._._-~-----~-- -----------. ._-~_._.,--~--_.__.-_..__.._----_. -,.,-+.._._~_.._--_.._- GARNISHEE(S) as follows: and to notify the garnlshee(s) that' (a) an allachmenl has been Issued; (b) the garnlshee(s) Is/are enjoined from paying any debt to or for the account of the defendant(s) and trom delivering any property ot the delendant(s) or olherwlse disposing thereof; (3) If property of the delendant(s) nOllevled upon an subject 10 attachment Is found In the possession of anyone olher than a named garnishee, you are directed to notify him/her thai he/she has been added as a garnishee and Is enjoined as above stated. A 0 $72,237.26 mount ue _,________...__..._..._______ ..--- Interest @ $14~to 6/3/~E.!..~73:~~_..___ $.50 LL. $1.00 Ally's Comm ____,__ _______ % ___...____ Ally Paid $101.30 Plaintiff Paid Due Prothy OlherCosls Late charges @ $19.32 Escrow Deficit $1,124.11 to 6/98 173.88 ..-,--.-- Date: March 11, 1998 Curtis R. Long REQUESTING PARTY Name {,eon P. Haller, Esq. 1719 N. Front St. ------- ~-r'~ D.puty Address: Harrisburg PA 17102 -~-,_..._-- Allorney for __on_.--F' 1 a ~.~~t._ ..... ___'" ._____ Telephone: _(..~_?L~.3_4~~~2..~__ Supreme Court 10 No 1 5700 i ''''~ LL_ ~"" .id. _10 t. . On /YYl ~ ~ I, I o,~ Y the sheriff levied upon the uefond,Jf,t: Intoroelt In tho real property sltu:Jtsd In E~ p~ 7:'-4!.. , , I L'" <-",p Cumberland County, Pa., known (,nil numbered as: dJ...~~~ , ~,..... ~- , "i'l.~ I'"('f'n tlt'I'..J ,'."'j"~""""'_"j': I",'~ c"flli:'.I:t "A" '(:'!..] I,.' \ _ \.\1'-' I'" ... tlo-t'. ...., ,',,, \ ..'. \.. ....11 ~...\ ...d. ' .h..,;.. ~..;J:~,.Llln I 9 9~ ..." f"'\_-- ;t'.~. I -- ~r;.. (/l ~~ .1',\ , I' 'J ..L..r-' 1" '" o;r. - V' 1IJ!f::,' ~;,' f.~' .....-', .t't:.J'" ~~ ~ l1f'~ ." oft ' "..._ 1....... ~. ... -.. '<" " .... '" ... :I~ 'S , ", II ;i ,11 -" - ". <'" ~ .. ALL T/II\T CERTAIN unit in the property known, named and identit18d in the Declaration Plan, referred to below as Westwood Village Condominium located in Esst Pennsboro Township, Cumbedand Co~nty Conunonwealth 01 Yennsylvanla, which has heretofore been submitted to the provisions 01 the Unit Property Act of pennsylvania, Act 01 July 3, 1963, P,L, 196, by th~ recording in the of lice of the Recorder of Deeds of Cumberlsnd county, pennsylvania. 01 a Declaration Creating and Establishing Westwood Village Condominlum deted January 29, 1975, and recorded on January 29, 1975, in Mise, Book 213, Page H3, and amended by a First Amendment to Declaration Creating and Establishing Westwood villageJCondominium dated May 20, 1979, and recorded June 22, 1976, in Misc, Book 222, Page 729, and a certain Second Amendmant to Declsration Cr~ating and Establishing Westwood Village Condominiun, dated July 21, 1976, and recorded on July 26, 1976, in Misc, Book 223, Page 343, and a certain Third Amendment to Dec\aration Creating and Establishing Westwood Village Condominium dated June 9, 1975, and recorded on June 23, 1975, in Mise, Book 236, Page 225, and. certain Fourth Amendment to Declaration Creating~and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23', 1975, in Mise, Book 236, Page 250, and a certain Filth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979, and recorded on January 23, 1979, in Misc, Book 240, page SS4, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Villags Condominium dated March 1, 1979, and recorded March 12, 1979, in Miec. Book 241, Page S36, and a Code at Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Mise, Book 213, Page 32S, and amended by a certain First Amendment to Code of Regulations ot Westwood Village Condominium dated May 20, 1976, and recorded on June 22, 1976, in Mise, Book 222, Page 737, and Declaration Plan ot Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by _ certain First Amendment to Declaration Plan 01 Westwood Villag_ Condominium dated J~ly 21, 1976, and recorded on July 26, 1976, in Plan Book 2B, Page 72, and amended by a certain Second Amendment to Declaration Plan 01 Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 20, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated .;ranuary 9, 1979, and recorded January 23, 1979, in Plan Book 34. Page 100, and amende<1 by a certain Fourth Amendment to Declaration Plan 01 Westwood Villag.. Condonl,inium dated March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3. being designated on said Declaration Plan ot Westwood Vill"ge Condominium as Unit No. 225, Suite 120, L20-2r-2, in Blocl, 1/5, Building "8. known as 225 Brian Drive. Suite 120, Enola, Cumberland County. Pennsylvania, as more fully described in such Declar"tion Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appear. 01 record as set forth above, including any amendments thereto, TOGETHER with a proportionate ~ndivided interest in the Common Elements (as defined in such DeClaration) ot Seven H~ndred Seventy-two Thousandths Percent (,772\). HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, PA 17025. BEING THE SAME PREMISES which Timothy J. Houck and Maryanne Houck, by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of Deeds Office on November 29, 1994 in Deed Book 115, page 456, granted and conveyed unto Ava L. Purdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY" , JUDGMENT NO. 1997-5032 CIVIL. Parcel ~ 09-12-2992-001A V225 " Mellon Bank, N.A. -vs- Ava 1.. Purdue In the Court of Common Pleas of Cumberland County. Pennsylvania No, 97-5032 Civil Term Timothy Reitz. Deputy Sherin: who being duly sworn according to law, says on July 7, 1998 at 4:50 P.M. E. l), S, T,. he Posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action on the property of Ava Purdue located at 225 Brian Drive, Enola. Cumberland County. Pennsylvania according to law, Wesley Cook, Deputy Sherilr, who being duly sworn according to law. says on July 31, 1998 at 6:44 o'clock A,M. E. D. S. T., he served a true copy of Real Estate Writ Notice Poster and Dcscription in the above entitled action upon the within named delcndantto wit: Ave Purdue by handing to Ava Purdue at Busincss Messengers Service Inc" 5050 Louise Drive, Mechanicsbufg, Cumberland County, and at the same time handing to her perso:mlly the said true and attested copies of the same, R, Thomas Kline, Sheriff, who being duly sworn according to law, says he served tht1 within Real Estate Writ Notice Poster and Description in the lollowing manner: fhe Sheriff mailed a notice of the pendency of the action to the withillnamed delcndantto wit: A va L. Purdue by Certified Mail Return Receipt Requested Restricted Delivery Deliver to Addressee Only to her last known address 225 Brian Drive, Enola, Pennsylvania. This letter was mailed under the date of July 30, 1998. The letter or return receipt card were never returned to the Sheriffs office as this date August 18, 1998, R. Thomas Kline, Sherin: 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 by regular mail to her last known address 225 Brian Drive, Enola, Pennsylvania, This letter was mailed under the date of July 31,1998 and returned to the Sheriff's Office on August 10, 1998 marked moved left no forwarding address. R. Thomas Kline, Sherin: who being duly sworn according to law, says that after due and legal notice had been given accmding to law, exposed the within described premises at public venue or out cry at Court House, Carlisle, Cumberland County, Pennsylvania, on September 2, 1998 at 10:00 A,M, E. D. S. T" and sold the same for the sum 01'$ 1.00 to Mellon Bank, N,A., As Successor Trustee For Pennsylvania Housing Finance Agency, 2101 North Front Street, Harrisburg, P A. It being the highest bid and best price recei ved lor the same Mellon Bank, N.A.As Successor Trustee For Pennsylvania Housing Finance Agency, being the buyer in this Execution paid to SheriffR, Thomas Kline, the sum 01'$ 1,277.91 it being Sheriffs Costs. Sheriff's Costs: Docketing Poundage Posting Bills advertising Acknowledging Deed Auctioneer County Mileage Certilled Mail 30.00 25,06 15.00 15.00 30,00 10.00 1.00 15,50 7.49 - ., ALL THAT CERTAIN unit in the proper~y known, named and identified in ~h. Declaration Plan, referred to below a. We.twoOd village Condominium located in East penn.boro Township, Cumberland County, Commonwealth of Pennsylvania, which haa heretofore been submitted to the provisions of the Unit Property Act ot Pennsylvania, Act of July 3, 1963, P,L, 196, by the recording in the office of the Recorder of Deeds 01 Cumberland County, Pennsylvania 01 a Declaration Creating and Establishing WestWOOd Village Cond~mlnlum dated January 29; 1975, and recorded on January 29, 1975, in MIsc, Book 213, page 283, and amended by a First Amendment to Declaration Creating and EStablishing Westwood village)Condominlum dsted May 20, 1979, and recorded June 22, 1976, in Mise, Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page )43, and a certain Third Amendment to Declaration Craating and Establishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 197e, in Misc. Book 236. Page 225, and a certain Fourth Amendment to Declaration Creating-and Establishing Westwood '1illage Condominium da~ed June 13, 1978, and recorded on June 23; 1978, in Misc. Book 236, Page 250. and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979, and recorded on January 23, 1979, in Misc. Book 240, Page B84, and a certain Sixth Amendment to Peclaration Creating a'ld Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Miac. Book 241, Page 836, and a Code of Regulations ot WestwOod Village Condominium dated _7anuary 29. 1975, and recorded on January 29, 1975, in Mise, Book 213, Page 328, and amended by . certain First Amendment to Code 01 Regulations ot Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Mise, Book 222, P~ge 737, and Declaration Plan at Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan 01 Westwood Village Condominium da~ed July 21, 1976, and recorded on July 26, 1976, in Plan Book 2B, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 197B, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan 01 Westwood Village Condominium dated January 9, 1979. and recorded January 23, 1979, in Plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan ot Westwood Villag.. Condominium <!ated March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 225, Sui~e 120, L20-2f2, in Bloclc 115, Building liB. known as 225 Brian Drive, Suite 120, Enola, Cumberland County, Pennsylvania. as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as delined in such Declaration) of Seven Hundred Seventy-two Thousandths Percent (. 77Hl ' HAVING THEREON ERECTED a dwelling known as 225 Brian Drive, Enola, I?A 17025. BEING THE SAME PREMISES which Timothy J. Houck and Maryanne Houck, by their Deed dated November 23, 1994 and recorded in Cumberland County Recorder of Deeds Office on November 29, 1994 in Deed Book 115, page 456, granted and conveyed unto Ava L. I?urdue. TO BE SOLD AS THE PROPERTY OF AVA L. PURDUE UNDER CUMBERLAND COUNTY JUDGMENT NO. 1997-5032 CIVIL. Parcel ~ 09-12-2992-001A V225 WRIT OF EXECUTION end/or ATIACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 97-5032 CIVIL 1llPC Term CIVIL ACTION. LAW TO THE SHERIFF OF ___CYnberJJ!nd _____COUNTY: To satisfy the debt, Interest and costs due. Mellon~.f1!u N.A.. as Successor Trustee for the _~ennsi'lvania Housing Finance Age~___ PLAINTIFF(S) lrom _~~a,_!o!__~rd~_ ,___________ DEFENDANT(S) (1) You are dlrE/cted to levy upon the property of the defendant(s) and to 8ell see 1eqal descriDt ion (2) You are also directed to aUach the property of the defendant(s) not levied upon In the possession of __ GARNISHEE(S) as follows: and to notlly the garnlshee(s) that: (a) an aUachmant has been Issued; (b) the garnlshee(s) IS/are enjoined from paying any debt to or for the account of the defendant(s) and Irom delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to allachment Is found In the possession of anyone other than a named garnishee, you are dlrec;ted 10 notlly hlm/herthat he/she has been added as a garnishee and Is enjoined as above staled, Amount Due__m..l37. 26 ,______________ Interast lit S14.12 to 9J2L9ll_S,4.Lll2...62-._ Ally's Comm % AUyPald ., $1,248.14 Plalntllf Paid L.L. Due Prothy_SL.OO Other Costs Late Charges at $19.32 to 9/98 $231.84 Escrow Deficit $1,124.11 Date: June 11, 1998 CUrtis R. Lonq Prolhonolary, Civil Division by: _\ A A','"J. ~~1l11") Oi~ - tl.puty REQUESTING PARTY: Leon P. Haller. Esq. 1719 North Front Street Harrisburq, PA 17!Q.2 AUorney for: Plaintiff_ _____ Telephone: 7L 7-234-4178 _______,________ Suprema CourtlD No, ___l.~IQ9______________ n__, Nama Address: