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Home My WebLink About00-07539 .. - I ,~ ",1- '" ,- .-" - ~ ~ .,i_k__~~~ ' L.J;;.,,:"-'"jlJ;> COLUMBIA NATIONA, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant, SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, pursuant to the Order on the Stipulation for Judgment dated November 2, 2001 and assess Plaintiff's damages as follows: Amount due per Stipulation $ 23,134.09 * *Together with interest at 8% per annum ($7.92 per diem) from 10/1/01, together with any additional advances for taxes and insurance to the date of Sheriff's Sale. PURCELL~KRUG & HALL By . Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DOCS\CU M BERLA \HU BBARD. P ~sliiRt~~,",[#'1.,~;<i;,~~j.!&,.iiffiilt"~'l>ili,w':;"0\bl!i{M.;~~,"~".t.i"e,-,ilil!';s,~",~t;,!Ii; '~~tN_1!l~~_a., ~ .....~~- C' Co ., r c .~ ;::',- \:Jci:-; C:r nlr".- >"1 r ? ~;~. , F i"--':: -<,:: 1 .L ~:~ - 1-J _.' -' 'g ~~;: .., .. .... P0 -J ..0 2:: :;! ;"0 ':D (5 ...~ -..0; l:; ~ '. <:l ..... ""'""'"'" ".~ ~,,'."""~<,~~, =,-,,~, "r" .'0<' ,~~ -,.- "~~, <,. .~, "7...- '1.'. "".. " .~ -" " - COLUMBIA NATI ONA , INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., PLAINTIFF VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT ..;,;; ;" i-._,,,I ." " r".~"",,, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 7539 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237 I hereby certify that on December 11, 2001 I served a true and correct copy of the Praecipe to enter judgment required by Pa. R.C.P. 237 on the Defendant(s) in this matter by regular first class mail, postage prepaid (copy attached), addressed as follows: Shawn D. Hubbard 2216 Logan Street Camp Hill, PA 17011 William D. Schrack, III, Esquire 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0130 Dated: December 14, 1998 By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 ,r ~" I", ,- ^':-- .' ".--0.,'- ll' ,,' '-'~ - COLUMBIA NATIONA, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE PR A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant, SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, pursuant to the Order on the Stipulation for Judgment dated November 2, 2001 and assess Plaintiff's damages as follows: I Amount due per Stipulation $ 23,134.09 * *Together with interest at 8% p~r annum ($7.92 per diem) from 10/1/01, togethe~ with any additional advances for taxes and insurance to the date of Sheriff's Sale. ..?' -./'.. PURCELL, KRUG & HALLER~?' ~~----'/--"'" _----- p';;</ /7 By ~--/ LL/. Leon P. Hal~er PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKFIDOCSICUMBERLA\HUBBARD.P . , ",..b,'~i.-.-I ~- "'-. .' , >-" - ilt.,~~ - ". COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD NO. 2000-7539 IN MORTGAGE FORECLOSURE Defendants. o R D E R AND NOW, this 2nd day of Noverrber , 2001, upon consideration of the within Stipulation, IT IS HEREBY ORDERED that judgment in mortgage foreclosure in rem be entered in favor of Plaintiff, Columbia National, Incorporated, f/k/a paineWebber Mortgage Finance, Inc., in the amount of $23,134.09 and against Defendant, Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard, together with interest at the rate of eight (8%) percent per annum from October 1, 2001, together with any additional advances for taxes and insurance. BY THE COURT: sjBailey J. -r~".'- . c . _,. Jo , -~l!iie~~_ -. COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SHAWN P. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD NO. 2000-7539 IN MORTGAGE FORECLOSURE Defendants S TIP U L A T ION It is hereby stipulated by and between Leon P. Haller, Attorney for Plaintiff, Columbia National, Incorporated, f/k/a painewebber Mortgage Finance, Inc., and William D. Schrack, III, Attorney for Defendant, Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard, that judgment in mortgage foreclosure in rem be entered in favor of Plaintiff, Columbia National, Incorporated, f/k/a paineWebber Mortgage Finance, Inc., in the amount of $23,134.09 and against Defendant, Shawn D. Hubbard, Administrator of the Estate of . Joan Hubbard, together with interest at the rate of eight (8%) A..v,Ni.'..", percent ~9L aay from October 1, 2001, together with any additional advances for taxes and insurance. ~/14 Le0fi P. Hallery Attorney for Columbia National, Incorporated f/k/a PaineWebber Mortgage Fin=!~,r. / . Wil~am D. Schrack, III, Attorney for Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard Dated: ju f1 vI -",- ,,- ........l . .~ , - ~R'" / COLUMBIA NATIONA, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You following captioned are hereby notified that judgment has been entered matter: on ii,,,,.,/-,, J;l, ;2(jo( the against you in the above- $23,134.09 and for the sale and foreclosure of your property located at: 649 Meadow Drive, Camp Hill, Pennsylvania 17011 Dated: ~~, /,2 ,;l()tJ1 . I ~" r;;, R ~~. l-C PROTHO TARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Shawn D. Hubbard 2216 Logan Street Camp Hill, PA 17011 William D. Schrack, III, Esquire 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0130 I<:\MKF\DOCS\CUMBERLA\HUBBARD.N ~,. -'-1. ,I - ~ " lM1..ilJJidiilikii,:!) . .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ( . CIVIL DIVISION - LAW AT NO. 2000 7539 COLUMBIA NATIONAL INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., PLAINTIFF TOTAL AMOUNT OF JUDGMENT $23,134.09 / Interest at $7.92 per diem 10/1/01-3/6/02 $ 1,227.60 Late charges at $32.29 per month to sale date $ 129.16 Escrow Deficit $ 1.500.00 TOTAL $25,990.85* VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT(S) *SALE DATE: WEDS.,MARCH 6, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. ~. -- Leon P. Haller PA I.D. #15700 Date: December 11, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:IMKF\DOCSICUMBERLA\HUBBARDW "'.~ ~1~~''''lj~'i>!Ijf,I~h~lk~1;iiH,;mk1!r_1Ii""""...oj,,_'~'l''ii'Thl11:,,",,}i'Ioi~'~:''H'E~~M'~~'""",,"--~""""'"'lilIIW>~Wii~~J/JllIiIL '.'. -~ --~--'.' "",~."" ~."',"",~I", - " -'. ,',~- ".J",,'-, ..,~, '"c.., ~--, '"," ,.^ iIIWll1ll:..Jt16f" " (") 0 C ,1 ;-2; '=' tT t"q ~_;J f71 r",- -, "T, n ~. Z r- ef) J> f'".,~ -<:::;" ~8 :~ " , --- Pc: t"<) -, ~:;3 ""- ',:.,...) -01 ::0 "'- (.oJ -< _.,0. "- ~. -- f I I I ), ! -. ~~, .. '0. I", .~.I ;,. J ~ -, H ~ /;., ^' ;'" '];:L lMlr , -. I ALL THAT CERTAIN plot of ground situate in the Township of East F'ennsboro, County of Cumberland and State of f'ennsylv-ania,. bounded and described as follows, to wi t: BEGINNING at a point on the north side of Meadow Drive a the corner of Lot No. 89 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No. 89, north 34 degrees 40 minutes we5t~ ~ne hundred twenty-six and forty-nine hundredths (126.49) feet to a point at the corner of Lot No.. 88 in said plan of lots; thence along the line of said Lot NQ. 88, north 44 degrees 36 minutes west, sixty-six and fifty-three hundredths (66.53) feet to a point; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 45 degrees 24 minutes west, eighty-five and eighty-six hundredths (85.86) feet to a point; thence along land formerly of Clyde o. Smyser and Esther Smyser, his wife, sDuth 42 degrees 49 minutes east, s~venty-eight (78) feet and south 34 degrees 40 -minutes east, eighty-two (82) feet to a point on the north side of Meadow Drive, aforesaid; thence along the north. side of Meadaew Ddlle, north 67 degrees 20 minutes east, eigty-six and nine tenths (86.9) feet to a point a the cor-ner of Lot No. 89 aforesaid~ the place of BEGIl-~t~It':G. BEING Lot No. 90 in the plan o'f lots V/1Ol<m ,,is Plan No. 2, ~!e= t Creek. Hills, laid out by D.P. Paffensperger far Clyde O. Smyser, said plan being recorded in the o.ffice of the REecnrded of Deeds in and for Cumberland County in Plan Book 18, page 65, and re-recorded in Plan Book 19~ page 46. r HAVING THEREON ERECTED A PROPERTY/PARCEL OF LAND REFERRED TO AS 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH Dennis Thuy Pham and Que Nguyen by deed dated 8/31/93 and recorded 9/7/93 in Deed Book M-36, Page 1128 granted and conveyed unto James A. Hubbard and Joan Hubbard. The said James A. Hubbard died, leaving to survive Joan Hubbard. The said Joan Hubbard died and title vests in the Estate of Joan Hubbard, Shawn D, Hubbard, Administrator. TO BE SOLD AS THE PROPERTY OF SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD ON CUMBERLAND COUNTY JUDGMENT NO. 2000 7539. ASSESSMENT: 09-18-1304-053 K:\MKF\DOCS\CUMBERLA\HUB.DES &...i.l~"~~!f~lI:~lli!!~~~.....&H'lffitilim~jti-,~WL~I-@'J-#.l-'b->0i'ill"ix,iM;,!.-"I'-cJ:~_i~~~~~""''':''''"- 'L:J -A L .-" ~<",-" .' "~-".'''- ~ ,'~ ~".~ "=.'-, - '.-".,~-'~-', ,~ -I~.. .~" , . .-' p~ -<:: v '"" <:> ~ ":.::, .., :::: ~ -,,,"" ~ ~ ,-~ ri ""~ -- ~ :- ..c. '"" () ~ 0 c::.: C :.::::" R f2f? .=:; )"") '-") /", (/)~ -( .- f'" ~ ~ \, '<l ~C -,,~ u.. " ~ ~ ~f~' -~;:: 'e f :--' :-D ?I ~ ~ ~ \>> g, j'-..J " .s -';,>" ~- =< :0 (,;.J .'.,< ,"~< C-j '-:::-1 '''-''I,"'; ~j =.:J -.,.::: ~"! d " II Ii <- '- - ,>- ;, -~ ' I I ' "" 0""-_.0'."-';.0 , , COLUMBIA NATIONA, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA: 1. Name and address of the Owner(s) or Reputed Owner(s): Shawn D. Hubbard, Administrator Estate of Joan Hubbard 2216 Logan Street Camp Hill, PA 17011 2. Name and address of Defendant (s) different from that listed in (1) above: in the Judgment, if SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 willow Oak Building Harrisburg, PA 17105-8486 East pennsboro Township 98 So. Enola Drive Enola, PA 17025 East pennsboro Township Robert Gill, Township Manager c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 4. Name and address of last recorded holder of every mortgage of record: - , ;. '. ~ .. c- ., - - llllAi-----;,.;,.. '~. , PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) Household Realty Corporation 28 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of in the property and UNKNOWN every other person who has any record whose interest may be affected by the 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 William D. Schrack, III, Esquire 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0130 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relatin 0 unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 - -"",..! I.. " 'iII~': , " COLUMBIA NATIONA, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 649 MEADOW DRIVE CAMP HILL CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 7539 THE NAME{S) OF THE OWNER{S) OR REPUTED OWNERS of this property is: SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOHN HUBBARD I A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of L.he wi thin County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the - ~ I, I. -, '. ~ , ".,,- -'.L.- ~. , Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 "~,'-lv .~ "', ~ .-""'c ~ c ~ !It' ALL THAT CERTAIN plot of ground situate in the Township of East Pennsboro, County. of Cumberland and State of PennsylvaniaJ bounded and described as fOllowsJ to wi t: BEGINNING at a point un the north side of Meadow Drive a the corner of Lot No~ 89 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No. B9t nor-tt) 34 degrees 40 minLttes west" one hundred twenty-six and forty-nine hundredths (126.49) feet to a point at the corner of Lot No., 88 in said plan of lots; thence along the line of said Lot No. 88, north qij degrees 36 minutes we5t~ Sixty-six and fifty-three hundredths (66.53) feet to a point;' thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife~ south 45 ~egree5 24 ~inutes west, eighty-five and eighty-six hundredths (85.86) feet to a point; thence along land formerly of Clyde O. Smyser and Esther Smyser~ his wife, south 42 degrees 49 minutes e,st, s~venty-eight (78) feet and south 34 degrees 40 .minutes east, eighty-two (82) feet to a point on the north side of Meadow Drive, aforesaid; thence along the north. side 01 Meadoew Drive, north 67 degrees 20 minutes east, eigty-six and nine tenths (86_9) feet to a point a. the corner of Lot No. 89 aforesa.id~ the place of BEGII~t..jIt~G. BEING lot No. 90 in the plan o.f lots VnOl"n cIS Plan No. 2, ~)e;t Creek Hills, laid out by D.P_ Paffensperger for Clyde O. Smyser, said plan being r~corded in the o"ffice of the REecnrded of Deeds in nod for Cumberl.?nd County in F'lc"\fl Book '1a~ p;\ge 65~ and re-recorded in Pl.:\n Book 1':?, pilge <16. ' HAVING THEREON ERECTED A PROPERTY/PARCEL OF LAND REFERRED TO AS 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH Dennis Thuy Pham and Que Nguyen by deed dated 8/31/93 and recorded 9/7/93 in Deed Book M-36, Page 1128 granted and conveyed unto James A. Hubbard and Joan Hubbard. The said James A. Hubbard died, leaving to survive Joan Hubbard. The said Joan Hubbard died and title vests in the Estate of Joan Hubbard, Shawn D. Hubbard, Administrator. TO BE SOLD AS THE PROPERTY OF SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD ON CUMBERLAND COUNTY JUDGMENT NO. 2000 7539. ASSESSMENT: 09-18-1304-053 KIMI<:F\DOCSIGUMBERLAIHUS.DES '''1- "~' , ,- , . '"" '0 _, ""'''';'~",,~ COLUMBIA NATI ONA, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 7- /t}-()-:J.... ,a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Shawn D. Hubba~d, Administrator Estate of Joan Hubbard 2216 Logan Street Camp Hill, PA 17011 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 East pennsboro Township 98 So. Enola D~ive Enola, PA 17025 East pennsboro Township Robert Gill, Township Manager c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Household Realty Corporation 28 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 . ~,l -'.' ~,-!,: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 William D. Schrack, III, Esquire 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0130 By PURCELL, KRUG & HAL ER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 "'-_.dIlL _. .1.- ."',' T,_" . . JOHN W. PURCELL HOWARD D KRUG LEON P. HALLER JOHN W. PURCELL .IR BRIAN .I. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (7!7) 234-4178 FORECLOSURE DEPT. FAX (717) 234-!206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: Shawn D. Hubbardl Administrator Estate of Joan Hubbard 2216 Logan Street Camp Hill, PA 17011 Department of Revenue Inheritance Tax Division Strawberry Square Harrisburgl PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 East Pennsboro Township 98 So. Enola Drive Enola, PA 17025 East Pennsboro Township Robert Gilll Township Manager c/o Henry F. Coyne I Esquire 3901 Market Street Camp Hill, PA 17011-4227 Household Realty Corporation 28 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 William D. Schrack I IIII Esquire 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0130 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. - '.'." -, , 'L " ~'<-:- J YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien real estate will be divested by the sale opportunity to protect your interest, if said Sheriff's Sale. By: agai st the said have an 9 tified of Leon P. Haller PA I.D.15700 Attorney for Plaintiff "- " ~ , " k"i "c'_->"'';,.- 'w'r:~ .. COLUMBIA NATIONA, INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 649 MEADOW DRIVE CAMP HILL CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 7539 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: SHAWN D. HUBBARP, ADMINISTRATOR OF THE ESTATE OF JOHN HUBBARD . ~ j J ~ " , ,~, '- ..'~" '~~-riL', A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disburse0 by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the . -'-'-"'.L '" ~ ' . ,,~ J ._ '-, ~>' ~c-. Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 - ," ,~'" ALL THAT CERTAIN plot of ground situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania" bounded and described as follows, to wi t: BEGINNING at a point on the north side of Meadow Drive a the corner of . Lot No. 89 as shown in the hereinafter mentioned phn of lots; thence along the line of said Lot No. 89, north 3q degrees qO minutes we5t~ ~ne, hundred twenty-six and forty-nine hundredths (126.49) feet to a point at the corner of Lot No~ 88 in said plan of lots; thence along the line of said Lot No. as, north 44 degrees 36 minutes west, sixty-six and fifty-three hundredths (66.53) feet to a point; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wife~ south 45 degrees 24 minutes west, eighty-five and eighty-six hundredths (85.86) feet to a point; thence along land formerly of Clyde O. Smyser and Esther Smyser, his wife,. south 42 degrees 49 minutes east, seventy-eight (78) teet and south 34 degrees 40 ,minutes east, eighty-two (82) feet to a point on the north side of Meadow Drive, aforesaid; thence along the north, side of Meadoew Drive, north 67 degrees 20 minutes east, eigty-six and nine tenths (86.9) feet to a point a the corner of Lot No. 89 aforesaid~ the place of BEGII-~t..jIt..jG. BEING Lot No. 90 in the plan o'f lots ~:nol~n as Plan No. 2,. ~Je5t Cree-k. Hills, laid out by D.P. Paffensperger far Clyde O. Smyser~ said plan being recorded in the o'ffice of the REecnrded of Peads in and tor Cumberland County in Plan BQo~ 19 p.ge 65 .nd -e - d d. Pl B. '19 ',., ,-, ecar e 1n Ml OOr:, ~ page 46.- r HAVING THEREON ERECTED A PROPERTY/PARCEL OF LAND REFERRED TO AS 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH Dennis Thuy Pham and Que Nguyen by deed dated 8/31/93 and recorded 9/7/93 in Deed Book M-36, Page 1128 granted and conveyed unto James A. Hubbard and Joan Hubbard. The said James A. Hubbard died, leaving to survive Joan Hubbard. The said Joan Hubbard died and title vests in the Estate of Joan Hubbard, Shawn D, Hubbard, Administrator. TO BE SOLD AS THE PROPERTY OF SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD ON CUMBERLAND COUNTY JUDGMENT NO. 2000 7539. ASSESSMENT: 09-).8-1304-053 K:\MI<F\DOCS\CUMBERLA\HUBDES ~. ~/ - .." --. ,,~' '" '1 Re: Columbia Nat'l vs. Hubbard Cumberland 3/6/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Shawn D. Hubbard, Administrator Estate of Joan Hubbard 2216 Logan Street Camp Hill, PA 17011 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Forim 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage :~.!'~~~lOd' ""', ::;2?: oC) c::::> } l>- ~~ ~-"1?a ~ l ,I ~'?'>/ !'~:L- I =-~ ,,~2..}t,,~ _ =1: 'Sc;;t\S""~'" -";.. ._--~. /....","P "(; "w-- ;'F' ~ nO"Ar' I': ,;;.- A'\'.- I;;. U,..,.r ....I.lll. .- "'l P 'r:~ -"'" I~J: JAN I 0'02 "'/ ~.'r.,;",:I'l,::", .." 5 : I~ I;~:;,~~~vi - U .f - -. I: ~v 67635"5L.___--1~ One piece of ordinary mail addressed tc Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 willow Oak Building Harrisburg, PA 17105-8486 " , ' ~ , 'L> '~ " j U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Servi'ce Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: East PennsboroTownship 98 So. Enola Drive Enola, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: East Pennsboro Township Robert Gill, Township Manager c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Household Realty Corporation 28 Gateway Drive Gateway Square Suite 107 Mechanicsburg, PA 17055 Postmark: c-..r',:;;), 2:.=5 } e:; ! C=:::-:-J C'.\ , .::;:, j ~. "'\St0~~.1~-,;;~",,",.,"",..-. - ..' ~" ue; ",---. v.....,.""==_ . " -Ii), -, /;;;~,.. S! J!;, . - ~ . ...." " '" '" -- [J: JAN I (J'02 IV r:.~ _,;/.~ ~"''''~ ' ,t I ' ." ," /: ~ .".,'" ::: D -f r- ., /,~i;:,-L,;'", __ ::') '," "~.._,,.~ . ~ -.," r-"" ",o;':"'j J" _!::.-/ 0' u3..:-a5L ... -'------..... ~- .. . , 1 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: William D. Schrack, III, Esquire 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0130 Postmark: ."4 ~_~ . , _. w' ''''''''''~iIi'Ml~il1llii!~~liaf,'-~ .'~H '-~""~'~'~lli,*;.,*.i,~~~~~II''''' -l!iilIMtli1iil . , """~,'-<,~ '.,-..-';e.'. ._ J ,,~ ~"" ~.. .~ .. ';jl Wl!JIiII!JIW.ll~=~~'~ ~. ". ~" t 0 0 "- '-' C ,-..> -"I ?,.: -." -orr: [""1 ~ n'1f"11 CO Z::.O ,,~ "-~1; 'fl Ze-- '-"~7 (f) ,,1::'~ ro -<.<- '.> r:::f"j :,.,..--'-" :e~ , j; ->-" "".,:n 20 -" ':,--~ (-) .~O 9? 6 IT' )>c ~ ':...) j;' <::l ~ .. C::'I I , I I , COLUMBIA NATIONAL INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff VS. NO. 00-7539 SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE ACCEPTANCE OF SERVICE I, william D. Schrack, hereby accept service of the Amended Complaint on behalf of Defendant, Shawn D. Hubbard as Administrator of the Estate of Joan Hubbard, in the abo~~ ill' D. Schrack, III West Harrisburg Street Post Office Box 310 Dillsburg, PA 17019-0130 D'tod'!cJ I~ / jf;~;;" &. ~1~:tHdiIi!l'-='"'""'''' )j".< .,,'."1"'. ,~', p"",O,,,""O"" ',""'~_""' ,,~_,' ..,.t'", ,'''''~"~,,,. ," "'-'1ti1i1l~<- "",-1.'"<', 'J.l!lIh:'" ~., ',ur. ,. "_, .'0_"__ ~-~ "I -'~". - o c ~ -nec' rn.-" ~~~ r;;.c- >;, ~o .>-c' ~ ~. ~, d',_"V '"~ o ':::> r> --1 0~ (:) -::; =~ ,.';~; >--.;rr: :::=j 5S -< ~ :? (J1 ..".., \;; ~ - , ,",'" , -. "'''' ' u ", '~~ ".-'. - ,,", ',.""",., (",'.'1,--- ' r ""'....:'~,:"i .\.... OCT 3 1 2001 ~& COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD NO. 2000-7539 IN MORTGAGE FORECLOSURE Defendants o R D E R AND NOW, this l~ l-- day of , 2001, upon consideration of the within Stipulation, IT IS HEREBY ORDERED that judgment in mortgage foreclosure in rem be entered in favor of Plaintiff, Columbia National, Incorporated, f/k/a paineWebber Mortgage Finance, Inc., in the amount of $23,134.09 and against Defendant, Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard, together with interest at the rate of eight (8%) percent per annum from October 1, 2001, together with any additional advances for taxes and insurance. Bl" THE .- L=~, ,-,I.:c. '~'llliWIIilifilllilrI:ILi ",.....'. iIliirn ",'c '" ,~',~ ~,' ~<"'"'''' ~ '" C~" __,'_',' -,"'-I "~i'1' ,w, .-, '[ .llrMOf- ir:~"-'''- ,"""1.0-,, "' J ! \-flNV/17). Or, i^ _ rJ.!\.'J;r'[) /<:, >~'~_Y.' \fdd -" ",'," l/"/:--,9;,rV/7Q I') (; ." 'I" , '0 1'; ,} .... (-~~ nUd 10 , ,'I,'. ,'"ce',' I~'" ,,_ '~" _' '.0', ,. ...... ,-, , .~< '" ,~" ~, - "'-',,, ," '""',~" '",' "1'--- """,'~. !,'';,-~. ,';;.",' - ~"i"~,-,,;- ';',~..~,;., '"~,.. --, Iii', . .. COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD NO. 2000-7539 IN MORTGAGE FORECLOSURE Defendants S TIP U L A T ION It is hereby stipulated by and between Leon P. Haller, Attorney for Plaintiff, Columbia National, Incorporated, f/k/a paineWebber Mortgage Finance, Inc., and William D. Schrack, III, Attorney for Defendant, Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard, that judgment in mortgage foreclosure in rem be entered in favor of Plaintiff, Columbia National, Incorporated, f/k/a paineWebber Mortgage Finance, Inc., in the amount of $23,134.09 and against Defendant, Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard, together with interest at the rate of eight (8%) ~/IIU^ percent ~g~ aay from October 1, 2001, together with any additional advances for taxes and insurance. L P. Haller Attorney for Columbia National, Incorporated f/k/a paineWebber Mortgage Finance, nc. wil III, Attorney for Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard Dated: JvH V} r ""'-'M ~>~.~. ~"",.""...."" "Ei~ ~~ .- . ~,." . " ., ~ ~ !lililM~ItWF~;jI._ ~', ~ ~ !:!alii f?~ o -D C> *0 -., ~ tj (2) ~o, ~., ~,' ',.,~" "''' .. " . ---e> 0.-- n ::s--' ~-::f- --{::::. -:D -=:::::.. ~ f- -- -c::::. ~ ~ -"") J -f> .::r::::- f-- --- (iJ jI'O ~, ^ o c ~:; -0"'" rr!r~::: L:T' zr~' (j) .1' _/>'" ~~;, .;.-~ ~; ~~J -<.. ,0 ,-",' <::) C) ~-l L",) C:.:; , ~ ... . .-c; ::) ( e" J' :" - '<,", " . , ,I' ,_ 'c k'., , .. , 'I I I I I I i I !I I I COLUMBIA NATIONAL INCORPORATED F/K/A PANIEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-7539 CIVIL TERM JOAN HUBBARD AND JAMES A. HUBBARD CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE o R D E R )~ , 2001, AND NOW, this ~~day of leave is granted to Plaintiff to file an Amended Complaint in the above case. \.J '--- J. BY THE COURT: i ,I. , " ".''-'>'.-", ''h.c, ~~, , ,,"- ';';;., , . COLUMBIA NATIONAL INCORPORATED F/K/A PANIEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 00-7539 CIVIL TERM JOAN HUBBARD AND JAMES A. HUBBARD CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND NOW comes plaintiff, Columbia National Incorporated f/k/a PaineWebber Mortgage Finance, Inc., and moves for leave to file an Amended Complaint as follows: 1. Plaintiff heretofore filed a Complaint in Mortgage Foreclosure. 2. Defendants, Joan Hubbard and James Hubbard, are deceased. Plaintiff subsequently has learned that an Estate was opened in Cumberland County wherein Shawn D. Hubbard was named Administrator for the Estate of Joan Hubbard, Surviving Spouse of James Hubbard, Deceased. 3. It is necessary to change the Defendant in the above case in order to reflect the correct party in interest. WHEREFORE, Plaintiff requests leave to file an Amended Complaint. B Leon P. Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff Dated: June 25, 2001 ,'I ,. I ^ '~ ^ ,'., ,', ".,,0.0;',' i ""',' '. C~""~">' ':i . VERIFICATION I verify that the statements made in the foregoing Motion for Leave to File Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ Leon P. Haller Dated: June 25, 2001 , ,~ ,[-' .,' ,~-- ~~ "'[Lt. COLUMBIA NATIONAL, INCORPORATED F/KJA P AlNEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD Defendant NO. 00-7539 TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have beeu sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ICOUR1HOUSESQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CON1RA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ICOUR1HOUSESQUARE CARLISLE, PA 17013-3387 717-249-3166 " ' '~ ," "1:( COLUMBIA NATIONAL INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 00-7539 SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD Defendant CIVIL ACTION - LAW MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney ID #15700 Attorney for Plaintiff ~~...~'" ~I "' ," , "O'~ " ," ~o " ~ COLUMBIA NAHONAL, INCORPORATED, F/KIA P AINEWEBBER MORTGAGE FINANCE, INe. Plaintiff IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD Defendant NO. 00-7539 AMENDED COMPLAINT IN MORTGAGE FOREClLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address of7142 COLUMBIA GATEWAY DRNE, COLUMBIA, MARYLAND 21046. 2. Defendant, SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, is an adult individual whose last known address is 2216 Logan Street, Camp Hill, Pennsylvania 170 I I. 3. On or about, August 31,1993, Joan Hubbard and James A. Hubbard executed and delivered a Mortgage Note in the sum of$11 0,000.00 payable to P AINEWEBBER MORTGAGE FINANCE, INC. which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Joan Hubbard and James A. Hubbard made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1162, Page 344 conveying to original Mortgagee the subject premises. Painewebber Mortgage Finance, Inc. is now know as Columbia National, Incorporated. 5. The land subject to the Mortgage is: 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. . ." . ~". , __ , ' "~' c, , '.ki 6. James A. Hubbard died October 22, 2000, survived by Joan Hubbard. Joan Hubbard died October 22,2000. Shawn D. Hubbard was appointed Administrator of the Estate on November 9, 2000. The Estate of Joan Hubbard is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $102,60350 Interest at $22.48 per day From 02/01/2000 To 11/01/2000 (based on contract rate of 8.0000%) $5,462.64 Accumulated Late Charges $357.81 Late Charges at $32.29 Per Month for 9 months $290.61 Escrow Deficit $1,127.45 $5,130.18 Attorney's Fee at 5.0% of Principal Balance $114,972.19 **Together with interest at the rate of eight (8%) percent after November 1, 2000 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. Ifthe Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to 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. , " ,~. , ~;;:'> ," , ., '- ':-vii::;. 10. Defendant is not a member of the AnnedForces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and 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 assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($22.48 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: ~ P.l1RCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, P A 171 02 (717-234-4178) ~ I ~ ~~ ", .,,'::';, j ~ ""'1',' NOTE ~OTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. ' AUGUST 31, 1993 IDarel HARRISBURG {CirYI PENNSYLVANIA ISlar,'1 649 MEADOW DR, CAMP Hill, PENNSYLVANIA 17011 < "PropeJ1Y Addressl (B) Amount of Monthly Payments My munthly payrocnt will be in the amount of U.S. $"'*** *"***807.15, 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any lime hefore tiley are due. A payment of principal only is known as a "prepayment." When I make a prepayment, r will tell tbe Nore Holder in writing that r am doing so, I may make a full prepayment or partial prepayments witholll paying any prepayment ehargc, The Note Holder wi II use all of my prepayments to reduce t~~ amount ofpri~eipal that 1 owe under this Note. If I make a partialprq~aym,:~t. there will be no changes m the due date or m the amqunt 01- my monthly payment unless the Note Holder agrees III wntmg (" Ihose changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that thc imereslor other loan charges collected or to be collected in connection with this loan exceed tho; pel1T!itt~d limit.~, then: (i) any such loan charge shall be reduced by the amount necessary to reducc the charge to the permttted limit; and (11) any sums al,eady collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe tmder this Note or by making a direct payment to me. If a refund reduces principal. the reduction will be treated.as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holdcr has not received the full amount of any monthly paymcnt by the end pI' 15 the date it is due, I will pay a late charge to the Note Holder. The am<,unt of the chargc will bc of my overduc payment. \ will pay this late charge promptly hllr only once on each late payment. (B) Default If! do not pay the full amount of each monthly payment on the date it is due, I will be in default. calendar (hlys aner 4 '" m MUlTISTATI: FIXED RATE NOTE.Single Faml1y.FNMA/FHLMC Uniform Instrument Form 3200 12/83 .,-- " , G@oSV"'04l,,,,, 0<2 1:;f!/L)!!J'i?"~"JJ / .r Xh I bi1- VMP MORTGAGE FORMS. (313]293-8100 . (8001 .7291 , ltf. VNM1 08 93 3:43 PM 111I~ll~~~~~I~1111111111 ~ ~" '" '~""""""Jl; ! (C) Notice of DefauIt ~r I am in default. the Nole Holder may send me a wriUcn notice telling me that it' I <in noi pay the ovcn.llll' i.lI1lP\lnl hv cl ccrl~llt1 date. the Noh: Holder may require me to pay immcdiulcl:,' thL' full alltOllllt pI' principal whidl has Ihlt hl..~l'll p<.\id alld-~dl the, mll.:rcsl that I owe on that amount. That dall' must hl' al lea."'1 30 Jays alh:r the' dale nil which [he !ll)ticl' is llcli\'l'rl'd (11' mati cd to me. (D) No Waiver By NoteHolder . Even if, at a ti.mewhen I am indefault, the N.ote Holder does not require me to pay immediatcly in full as deserihed ahm'c, the Note Holder wtllsttll have the nghttodosolf I am'm default at a latcr time. . (E) Payment of Note Holder's Costs and Expenses Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the rightlo he paid back by me lor all of its costs and expenses in enforcing this Note to the extent not prohihited by applieahle la~. Th"se expenses include, for example. reasonable attorneys' fees. . 7. GIVING OF NOTICES . U~les~' applieabl~.1a,,: requ!res a differe!!t method, any notice that must be given to me. under this Note will he given hy dehvenng It or by mmlmg It by fIrst class mml to me at the Propertv Address above or at a dIfferent address if I give the N"te Holder a notice of my different address. . - Any notice that must he given to the Note Holder under this Note will he given hy mailing it hy first cl"" mailt" the N"te Holder at the address staled in Section 3(1\) above or ata different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the ohligationsof a guarantor, surely or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its ,ights under this Note against each person individually or against all of us tugether. This means that any one of us may he required to pay all of the amounts owed under this Note. . . 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment ,md notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Bolder to give notice to other persons that amounts due have not been paid. 10. ALLONGE TO THIS NOTE If an allon~e providing for. payment adjustments or for any other supplemental information is executed hy the Blm. ,wer together with thts Note, the covenants of the allonge shall he incorporated JUto and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Cheekapplieable box] o Graduated Payment Allonge' o Other I Specify) OOther.[Speeil"Y1 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trusl or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possihle losses which might result if! do not keep the promises which I make in this Note. That Security Instrument descrihes bow and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some ofthose conditions are described as follows: Regulations (38 C.P.R. Part 36) issued under the Department of Veteran's Affairs ("V.A.") Guaranteed L"an Authority (38 U.S.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities ofthe parties to this loan and any provisions of this Note which arc inconsistent with such regulations ",e hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OFTHE UNDERSIGNED. ~,y1 a~N/'fLh~ . JAMES A. HUBBARD SSN: 3 0-26-6 7 (Seal) (Seal) -Borrower -Borrower . SSN: l- 01< (Seal) (Seal) ~Borrower -Borrower SSN: [Sign Ongmal Only} G-5V 192041 '" .1<11,1a 2 012 Form 3200 12/83 VNM1 08/30/93 3:43 PM 01903786 , t ,0' 'l~'~'o '" .M:''1 POLICY NO~ ,) ::';; D n ? ::'::: :~ f:~ ::r EXHIBIT A ALL THAT CERTAIN plot of g.rouhd sitlJate in the Town~:'ip 01' East Pennsboro" County of Cumb8rland 80d State of' Pennsvlvan13, bOlJf1ded and des~ribed Q~ follows, to' WIt: BEGINNING at a point on the north slde of Meadow DrIve at the corner of Lot No. 89 as shown in the hereinafter mentione~ plan of lO'~5t thence along the line of said Lot No. 89, North 34 degrees, 40 minutes West, 126.49 feet to a point at the corner of Lot No. 88 in said plan of lo'ts; thence along the line of said L6t No. 88, north 44 degrees 36 miJ1utes West, 66.53 feet to a ~oin'~; thence along other land now Dr formerly o.p Clyde Ot Smyser and Esther Smyser, tlis wife, south 45 degrees 24 minutes west, 85.86 feet to a point; thence along land formerly of Clyde 0, Smyser and Esther Smyser~ his wife, So~th 42 degrees 49 minutes East~ 78~OO feet and south 34 degrees 40 min~te5 East, 82.00 'Peet to a poirlt on the north side of Meadow Drive~ aforesaid; thence along the nort~l slde o.r Meadow Drive, north 67 degrees 20 minutes East, 86,9 'feet to point at the corner of Lot No. 89 aforesaid~ the place of BEGINNING, BEING Lot No. 90 in' the plan of lots known as Plan No.2, West Cl'eek ~Iills, laid O~Jt by DIRt Raffensperger for Clyde O. Smyser, said plan being recorded irl the Office of the Recorder of Deeds in and for Cumberland County in F'lan BOOk 18, Page 65, and. re-recorded In Plan 8lJok 19, F'agf? 46. BEING the same premi ses whi ch Denni s Thuy Pham, by deed dated S J 3/ and intended to be recorded immediately prior hereto, granted and 'conveyed James A. Hubbard and Joan Hubbard, husband and wife, Mortgagors herein. , 1993 unto ,.~_ ,.... of pl!)l'1nSVlvlnie 1 SS ,. .... . mber,.nd j of 08- ,>tv o~ CU,' oi'flCt! tor the recording ., 'J In .he nd Couow/ Jr.. '~''''. .:.J\<yti~~c~pa~ >"tid of" ..~":;L mv hQ!'ld seal. '~.\~ .~l":. f"/.... tn" EY.hibit ".8 /J EOoK1182 PACE 350 I., ~" 0','. , ;" ; .~:,. '~"'TI:+"i i I I VERIFICATION I, LEON P. HALLER, ESQUIRE, Attorney for Columbia National Incorporated, verify that the statements made in the foregoing Amended Complaint are true and correct based on information furnished by Columbia National Incorporated. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifi- cation to authorities. ~ Leon P. Haller, Esquire Date: August 21, 2001 ~" ~- ~_I!I~" ~"~lilll_~ :..11:. ,~" ,-- ,"T-"~<,' ",,,,,":"1,,' ..iiiitl-- ~, ^ ,~ . l ," -',~'," ',"," k. ',< .d-' ' . ~." n c:~ -....:! ..-;' ~. ," -0 rl II-I ,- ~,T) :2 ^-.,.) , ,. ,.< L ':,:} OJ - Lv -<, CI r.:: -U , :'....-:;: :::-1 '--, c' (') }..==- (~: ,:":1 ,'n C~ '--j "7 'r:--~ r- 5:l =< en --<: ~ I ." ~"' .. "U" " .' , ~ J! U'-l1".IJI!:~ij COLUMBIA NATIONAL, INCORPORATED F/KIA PAINEWEBBER MORTGAGE FINANCE, INe. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE 7'Lc. iJtJ - 753 q ~ -r ~ JOAN HUBBARD AND JAMES A. IDJBBARD Defendants TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. " NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 A VISO LE RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 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 REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 ,.''",.1, ". ~ ~ "',"' '~~': k"M COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CML ACTION LAW ACTION OF MORTGAGE FORECLOSURE JOAN HUBBARD AND JAMES A. HUBBARD, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. Ifthe Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff " , ~, :" "~~,,. ~.i. "~\' COLUMBIA NATIONAL, INCORPORATED, F/K1A PAINEWEBBER MORTGAGE FINANCE, INe. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW vs. Defendants ACTION OF MORTGAGE FORECLOSURE 7lIU/V. 7539 GUJ T~ JOAN HUBBARD AND JAMES A. HUBBARD, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address of 7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, JOAN HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP IDLL, PENNSYLVANIA 17011. Defendant, JAMES A. HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011. 3. On or about, August 31, 1993 the said Defendants executed and delivered a Mortgage Note in the sum of $11 0,000.00 payable to P AINEWEBBER MORTGAGE FINANCE, INC. which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1162, Page 344 conveying to original Mortgagee the subject premises. Painewebber Mortgage Finance, Inc. is now know as Columbia National, Incorporated. 5. The land subject to the Mortgage is: 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. ,= ., .;i, , . , .' 2/ 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $22.48 per day From 02/01/2000 To 11101/2000 ( based on contract rate of 8.0000%) $102,603.50 $5,462.64 Accumulated Late Charges $357.81 Late Charges at $32.29 Per Month for 9 months $290.61 Escrow Deficit $1,127.45 $5,130.18 Attorney's Fee at 5.0% of Principal Balance $114,972.19 * * Together with interest at the per diem rate noted above after November 1,2000 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time ,~ " .0" , " ""~,"""" "-~",j limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($22.48 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. ~ By:~ P CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) , "" . ;d" ~ . --" ~"M"';'" C, .~ '-Jl'i!i!t,. NOTE ~OTICE: THIS LOAN' IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. AUGUST 31, 1993 (Datej HARRISBURG [City I PENNSYLVANIA (Slalel 649 MEADOW DR. CAMP Hill, PENNSYLVANIA 17011 [Property Address I (B) Amount of Monthly Payments My munthly paymcnt will be in the amount of U.S. $"** * *>***807.15. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time hefore tiley are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that [am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. Thc Note Holde, wi IIllsc all of my prepayments to reduce th~ amount of principal that I owe under this Note. If I make a partial prepayment, there will be no ~hanges in the due date or in the amqunt of my monthly payment unless the Note Holder agrees in writing tc' those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the inlercst or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any slims alrcady collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces princi pal. the reduction will be treated as a partial prepayment. . 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 the date it is due, I will pay a late charge to the Note Holder. The amcunt of the charge will be of my overdue payment. t will pay this late charge promptly hut only once on each late payment. (Il) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. calendar days after 4 "I Ifi MULTISTATE FIXED RATE [\JOTE.Single Famlty-FNMA/FHLMC Uniform Instrument G-5V {92041 FO'R'mno~ 1~/~g3. C)(h b'L @ ""go?! of2 lmtla 1/ / r--: I \.,- VMPMORTGAGEFORMS (313)293-8100 '(800) -7291 'N. VNM1 08 /93 3:43 PM 1111~ll~~~~~I~11111111II ~ H '. < - ~". 'i.', J(;"'~~h~"'~, (C) Notice of Default If I am in default, the Note Holder may send me a written notice teHing me that if I do no, pay the overdue amollnl hv a eertmn date, the Note Holde, may ,equire me to pay immediatelv the full amount of p,ineipal which has nol heen paid and',dl the Interest lhat I owe on that amount. That date must he HI lea,,,! .1O.Jays after the date on which the noti<:e is delivered llr mailed to me. (D) No Waiver By Note Holder . Even if, ata time when I am in default, the Note Holder does not requ,re meta pay immediately in full 'L,descrihed ahove the Note H"lder wil1 sti11 have the right to do so ifI am'in default at a later time. . (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as de$cribed above, the Note Holder will have the right to he paid back. by me f~r al1 of its costs and expenses in ?nforcing this Note to the extent not prohibited by applicahle law. Those expenses mdude, for example, reasonable attorneys fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given hy delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Ho]der anotice of my different address. " Any nolice that must be given lathe Note Holder under this NoteWill he given by mailing it by first cia,s mail to the Note Holder at the address stated in Section 3(1\) above or at a different address if I am given a notice of that di ffcrenl address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personal1y obligated to keep al1 of the promises made in this Note, including the promise to pay the ful1 amount owed. Any person who is a guarantor, surety orcndorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, su,ety or endorser of this Note, is also obligated to keep al1 ofthe promises made in this Note. The Notc Holder may enforce its ,ighls under this Note against each person individual1y or against al1 of us together. This means that anyone of us may bc requi red to pay al1 ofthe amounts owed under this Note. 9. WAIVERS I and any 6ther person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed hy the Bnrruwe, together with this Note, the covenants ofthe allonge shall be incorporated mto and shall amend and supplement lhe eovenanls of this Note as if the allonge were a part of this Note. [Check applicable box] o Graduated Payment Allonge 0 Other [Specify) 0 Other [Speeifyl 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections givl'n (0 the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date 'L' this Note, protects the Note Ho]der from possible losses which might result if! do not keep thc promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe utider this Note. Some of those conditions are described a' fol1ows: Regulations (38 C.F.R. Part 36) issued under the Departmenl of Veteran's Affairs ("VA.") Guaranteed Loan Authority (38 US.C. Chapter 37) and in effect on the date of loan closing shall govern the rights, dutics and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations ,,'e hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~;AH~~ SSN: 3 0-26-6 7 1- Of( (Seal) (Seal) -Borrower -Borrower SSN: (Seal) (Seal) ~Borrower -Borrower SSN: [Sign Ongmal Only] C-5V 192041 @ -"flge2ot2 Form 3200 12/83 VNM1 08/30/93 3:43 PM 01903786 ." .~~~ ~ ~' '- ~ ' " "'j:.:h. POLICY NO. ::)ODB? EXHIBIi A (~LL TH{:~JT CERT{:IIN !=..l(Jt o.f ~}rDUnci ::~:i.tU~:l"(',E:: :i.n t,h\::: TOJ,.J(J'::;,;'::i.r.:. C).f Ea~;.t~ Pennsboro, COlJntv of Cumberland 3:1Q State of' Perlnsvlvanla, bc)~Jnded arid dE"'~:}~::"T' :i.I:)f:..; d a ~~ f D 1 :L 0 [".I ~S, t D /,-..J :i. t :; BEGINNING at a point on the north slde of Meadow DrIve at the corner of Lot No. 89 as shown in the hereinafter menti()ned plan of lots; thence along the line of said Lo.t No. 89, North 34 degrees, 40 Ininutes West, 126.49 feet to a point at the corner of Lot No. 88 :in said plan of lo.Ls; thence along the line of'said Lot NOt 88, nor,th 44 degrees 36 minutes West, 66.53 feet to a poirlt; therlce along other lSf)d now or formerly of Clyde O. Smyser and Esther Smyser, his wife, south 45 degrees 24 minutes west, 85.86 feet to a point; thence along land formel'ly of Clyde O. Smyser and Esther Smyser, his wife? South 42 degrees 49 minutes East, 78.00 feet and south 34 degrees 40 min~tes East, 82.00 'Peet to a poin.t on the no,rth side of Meadow Drive, aforesaid; then(~e along 'Lhe nortt: side at Meadow Drive, north 67 degrees 20 minutes East, 86.9 feet to _ point at the corner of Lot No. 89 aforesaid, the place of BEGINNING+ BEING Lot No. 90 in the plan of lots known as Plan No. z, West Creek ~~ills, laid out by D+F'. Raffensperger for Clyde 0. Smyser, said p.Lan being recorded in the Office o.r the Recorder of Deeds irl and for Cumberland County in Plan BOOk 18, Page 65" and. re-recorded ill F'lail Book 19li Pa':JE) r~6. BEING the same premi ses whi ch Denni s Thuy Pham, by deed dated 8') 31 and intended to be recorded immediately prior hereto, granted and conveyed James A. Hubbard and Joan Hubbard, husband and wife, Mortgagors herein. , 1993 unto S., "'" of p..,nllVl~\:~ 1.' 58 De- '" tv of Cumbe . .... the record'nG of -,". ," ....... offtc.e ",r ~ '''' (),,:'.:'d 111 ..\IQ -..& C . . . "j Cu~r'."u . , 9'" '#' .""", 'fl'::J "c-_Pa . :, ,~ ~v .." ',' 1 "'.. ""'. . ~\16' CJI . ....' .,.~,.';,fn"hfia~! .;;J ,~ \;.\~. ~t11 e'{hibit <, 13 /J BOoK1162 PAGE 350 ,< " ~ '. " " X,: OCT-12-d000 10:15 . PURCELL,KRUG.HALLER 717 234 7512 ?07/07 COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED F/K/A ~ M:RlG'CE F'lN\N:E, OC. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated lUU::l::l< 24, 2000 By ~0~ Title OCT 12200008:16 717 234 7512 TOTAL P.07 PAGE. 07 ."~.. . - ", .'j ~';'C, SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-07539 p. COMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS HUBBARD JOAN ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HUBBARD JOAN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , HUBBARD JOAN DEFENDANT IS DECEASED, HOUSE IS DAMAGED BY FIRE AND VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 so~~ R. homas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 11/30/2000 Sworn and subscribed to before me this j,b? I'f'- day of ~ J-/nIV A . D . g t2~ Pro ~tary ~ 1- J~ ,'" '.. ~ ~'_= .1",:~!@,'" SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-07539 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS HUBBARD JOAN ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HUBBARD JAMES A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , HUBBARD JAMES A DEFENDANT IS DECEASED, HOUSE IS DAMAGED BY BY FIRE AND VACANT. Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 10.00 .00 10.00 .00 26.00 s: :/ /~;-7 ~~ ..?~,>.-:', R. homas Kline Sheriff of Cumberland County PURCELL, KRUG & HALLER 11/30/2000 Sworn and subscribed to before me this N-:!: day of ~ J.mnJ A.D. ~'-' 0, '7l1Jn; /~ thonotary .~"'., R. THOMAS KLINE Sherili ""<1 of€Ul1'rb . ,-,\"-1: .er r -&'V....;> <'<7.110- l!ti~J", RO NNY R. ANDERSON Chief Deputy EDWARD L. SCHORPP 'Salicilar OFFICE OF THE SHERIFF PP-.TRICIA A. SHATTO Real Estate Depuly One Courthouse Square Carlisle, Pennsylvania 17013 To: Postmaster , r .Amp H tll. Agency Control No. dO - 15.3 q /l-;Jo-oo Date: Address Information Request Please furnish this .gency with the new address. ifavailable, far the following individual or verify whether the address given below is one at which mail fa, this individual is CU1Tently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application farm. . '. .. UO~ . . Name: '3o.me.b4Joo.-l\ ~ LLhhr'lnd.. f de ce,-fl sect Last Known Add,ess: loll-a. (YIeo..dow 1:)1< . d ."J'J0 htJf.I~ . I QU-' 1 c1"1 I celtify tile address information for this individual is required for the performance of this agency s C,~ (VWJ~ official duties. ~a....u-) ng . ~ '( f tfilj 0 (Signature of Agency Official) (T~~ FOR POST OFFICE USE ONLY Agency Return Add,ess t""". :; NEW ADDRESS ~tpJ ....) f!('(Co W!f;P1 >r . /Vdk:>& . . Qq f.I-!# fl;Pct f76l{ '- /"--C~", . BOXHOLI:}ERitrS'likli-r . DRESS If' ~.\.... Ie Z'~~\~ \," c;,~ \ (\'1 ..t.. Posen;i,": __~ p ( ) MAlL IS DELIVERED TO ADDRESS GIVE~ () NOT KNOWN AT ADDRESS GIVEN () MOVED, LEFT NO FOR W ARDlNG ADDRESS () NO SUCH ADDRESS . () OTHER (SPECIFY): Address Infonnation Request (Requi,ed Format) E;rnibit 352.44b " . ",,~ '_' I ~ . ,~ ~", . . \ , . COLUMBIA NATIONAL, INCORPORATED FIK/A PAINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 7lo.{)(J. 1SYJ C,;J /.LA.<-... vs. JOAN HUBBARD AND JAMES A. HUBBARD Defendants TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. .. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth agamstyou. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249,3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO.PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSffiLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-63.00. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURTHOUSE SQUARE CARLISLE,.PA 17013-3387 717-249-3166 TRUE COPY FROM RECORD In Testimony whereof. I here unto seI my hand and thlt seal of said Court at CarlIsle. Pa. This ;l6~ '!:y ~ .kvo ...., 'l h,y # - . Afh"f Prothonotary IILJ' TI ," I" -- ~ ....d" I. ,w', "\j}-;, . , COLUMBIA NATIONAL, INCORPORATED, F/KJA PAINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE JOAN HUBBARD AND JAMES A. HUBBARD, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 US.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount ofthe debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney" will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PAl 7102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff . ,~ , " , ~ I ,'I~.. . '~ ". .~ '''==<-t<:,', , " COLUMBIA NATIONAL, INCORPORATED, F/K1A P AINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW Ys. JOAN HUBBARD AND JAMES A. HUBBARD, ACTION OF MORTGAGE FORECLOSURE -rLt" IJV, '1~3 9 Cw;;e ..,- ~ Defendants COMPLAINT IN' MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, JOAN HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011. Defendant, JAMES A. HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA l70ll. 3. On or about, August 31,1993 the said Defendants executed and delivered a Mortgage Note in the sum of $11 0,000.00 payable to P AINEWEBBER MORTGAGE FINANCE, INC. which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time ofthe execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1162, Page 344 conveying to original Mortgagee the subject premises. Painewebber Mortgage Finance, Inc. is now know as Columbia National, Incorporated. 5. The land subject to the Mortgage is: 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. , , i:" ", ,..f .l , , " ,I. , . -" '~, ' "~,;! . 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $102,603.50 Interest at $22.48 per day From 02/01/2000 To 11101/2000 (based on contract rate of 8.0000%) $5,462.64 Accumulated Late Charges $357.81 Late Charges at $32.29 Per Month for 9 months $290.61 Escrow Deficit $1,127.45 $5,130.18 Attorney's Fee at 5.0% of Principal Balance $114,972.19 **Together with interest at the per diem rate noted above after November 1, 2000 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgagein 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time ,~'^._, ~ ,~~~ .' ..I ":'y , ' .~> ~~' < de: . limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($22.48 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. ~' /' / // , By: ~L.-/~ P CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ,,~..L, - I.. ""-" ',,-,,-,,,I ""h ~ '. " .'" ~T,",~~ , NOTE ~OTICE: THIS LOAN' IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT.' . AUGUST 31, 1993 IDalel HARRISBURG ICily I PENNSYLVANIA ISla"'l 649 MEADOW DR, CAMP HILL. PENNSYLVANIA 17011 [Propclty Addressl (B) Amount of Monthly Payments My munthly paymenl will be in the amountofU,S. $"** * ** ***807,15. 4; BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known "S a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing So. I may make a full prepayment or partial prepayments withmn paying any prepayment charge. The Note Holder wi Illlse all of my prepayments to reducc th" alTlount ofprineipal thai I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amqunl of my monthly payment unless the Note Holder agrees in wriling (,', those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the inleresl or other loan charges collected or to be collected in connection with this loan exceed the permitted limits. then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any Slims already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to makc thIS refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal. the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments [fthe Note Holder has notreceived the full amount of any mnnthiy payment by the end of 15 the date it is due, I will pay a late charge to the Note Holder. The ameunt of the charge will be of my overdue payment. i will pay this late charge promptly hut only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. calendar days after 4 w m MULTISTATE FIXED RATE NOTE-Single Famlly-FNMA/FHLMC Unifonn Instrument Form 3200 12/83 C." . G@'5VI9204le,.g.,0. 2 lo~f!JLiiJ'i?~'11 / j.., Xf.1 d0if VMP MORTGAGE FORMS' (313)293-8100 . (eoo) .7291 J!tt ~ VNM1 08 93 3:43 PM 1111~ll~~~~~~111111 111\ ,.~' ~"~ - " .'~:" , (C) Notice of Default !f I am in default. the Note Holder may send me a wriUen nolice telling'me that if I do noi ray the overdlle alll{)\lnl lw i.l ccrt~l1n dak. the Noh: Ht)ldcr may rccwirc me to pay imllll.:dialLl:,.: lhe full amollllt Ill' principal which has 1lot heell paid i.l11\r,tll the mlcrcst t~'lUt I owc on that amount. That dull' musllll' al kasr 30 ,Jays after the datc Ptl which (hL' Illllicl' is dL'li\'l'rl'd (l]" maikd to 111e. (D) No Waiver By Note Holder Even if,:at a'time when I am in default, the Note Holder does not require me to pay immediatelv in full 'L' deseri hed ah, "'e, the Note Holder will still have the right to do so if! am'in default at a latet-time. . ~ (E) Pa~ment of Note Holder's Costs and Expenses If the N",te Holder has required me to pay immediately in full as deseribed above, the Note Holder will have Ihe ,ightlo he paid hack hyme for all of its costs and expenses in enforcing this Note to the extent not prohihited hy applieahk law. Those expenses inelude, for example, reasonable attorneys' fees. . 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice toat must be given to me under this Note will be gi ven hy delivering it or by mailing it by first class mail to me at the Prpperty Address above or at a diflcrent address irI give the Note Holder a noticeof my di fferent address. . Any no[liee Ihat must be given to the Note Holderunde, this Note will he given by mailing it by first el'l" mail to the N'ltc Holder at tbe:address stated in Section 3(1\) above or ata different address if I am given a notice of that differenl address. 8. OBLlGAJ'IONS OF PERSONS UNDER THIS NOTE [fmore than one person signs this Note, each person is fully and personally obligated to keep all o!'the promises made in this Note, in~luding the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser or this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations or a guarantor, surely or endorser ofthis Note, is also obligated to keep all ofthe promises made in this Note. The Note Holder may enforce its ,ights under this Note against each person individually or against all of Ll' [ogether. This means that anyone or us may be requi red to pay all of the amounts owed under tbis Note. 9. W AlVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not heen paid. 10. ALLONGE TO THIS NOTE [I' an allonge providing for. payment adjustments or for any other supplemental information is executed by the Bnrn lwer together witb this Note, the covenants of I. he allonge shall be incorporated mto and shall amend and supplement the covenants of this Note as if the allongc were a part ofthi, Note. [Check app[ieable box) D Gtaduated Payment Allonge' DOther [Specify] D Other [Speeiryl 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the N~)te Holder under this Note, a Mort.gage, De,!d of Tmst or Sceur~ty Dccd (t~e "Security Instrumenl "), date(~ tbe. same date ,~s thiS Note, protects the Note Holder lrom posslhle losses which migh~ result If! do not ke'!p the pI'omlses whle.h I make tn Ih1S ~ote. ,That Security Instmment ~eseribes how aJC1d under w~~t eondll1ons ~ may be reqlllred to make Immediate payment tn lull 01 all amounts I owe under thiS Note. Some 01' those eondl 11 uns are deSCribed a, rollows: Regulations (38 C.F.R. Part 36) issued under the Department of Veterll!J's Affairs ("V.A.") ,?uaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect on tbe date of loan cIosmg shall govern the rlgbts, dutlcs and liabilities or the parties to this loan and any provisions of this Note which arc inconsistent with such regulations arc hereby amended and supplemented to conform tbereto. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) -Borrower .Borrower SSN: 1- (Seal) (Sea\) .Borrower -Borrower Of( SSN: [Sign Dogma! Only] G-5V (92041 @ ->;J9l!20f2 Form 3200 12/83 VNM1 08/30/93 3:43 PM 01903786 ",~".=l I. ,:!<- ".' , POLICY NO~ (\..... i'" ";. ... ;., '.,'';::'0.,:..'.:.,.:.:" EXHIBIT A ALL THAT CERTAIN plot of ~ro~Jjld sit~Jate in the Town~hip OT ~ast Pennsboro, Ccun.ty of CL:mberland and State of' PennsVlVar)la, bounded and des~ribed as follows, to wIt: BEGINNING ~~ a poin'~ on the nor~ll slde of Meadow DrIve at the corner of Lot No. 89 as shown in the hereinafter mentioned plan o.r la'~5; thence along the line of said Lot No. 89, North 34 degrees, 40 minutes Westy 126.49 'Feet to a point at the corner of Lot No. 88 in said plan af lots; thence along the line of said L6t No~ 88, north 44 degrees 36 minutes West~ 66.53 feet to a point; thence along at/ler land now or formerly of Clyde O. Smyser and Estllsr Smyser, tlis wife, south 45 'degrees 24 minutes west, 85.86 feet to a point; tl1ence along land formel'Iy of Clyde O. Smyser and E'sther Smyser, his wife v So~th 42 degrees 49 minutes East, 78.00 feet and south 34 degrees 40 min~tes East, 82.00 feet to a poin.t on the north side of Meadow Drive, aforesaid; thence a],on9 the nortl') 51de of Meadow Drive, north 67 degrees 20 minutes East, 86.9 feet to _ point at the corner of Lot NOt 89 afor~said, the place of BEGINNING. , BEING Lot No. 90 in the plan of lots known as Plan No.2, West Creek Hills, laid out by D.P, Raffensperger for Clyde O. Smyser, sa:ld plan being recorded in the Office of the Recorder of Deeds in and for Cumberland Count v in Plan Book 18, Paqe 65~ and, re-I'Bearded In Plal"1 800K 19, F'.;::::'af.'~ r~6.. BEING the same premises which Dennis Thuy Pham, by deed dated 8) 3/ and intended to be recorded immediately prior hereto, granted and conveyed James A. Hubbard and Joan Hubbard, husband and wife, Mortgagors herein. , 1993 unto ,"'. ""> of I"lll'InllVlv.niend 1. SS .....-'_ ',,,,' rnberl. j 01..,...- . ""tv 01 Cu . . . tor tn. flCOfCllng ,.. c.,.,d 111 the otfK:oe ndCouPWl~' .~...,,,.d\(Y/~~~c_pa~ ()~',~~' ,_"'d~V .... III :;:J;" , 1 "\ .,. " $1161... .' ,. . . ,.,.,..(," fi1V hliH'Id ~ , ~ :~ ,,'~. rt" m E'ih;/Jit ".8 i) 800K1162 PAGE 350 . " ~ ., . I ".~~ ' ,. ' u'~ ,',__" ';, ^.-- ,'[,:,. OCT~12-2000 10:15 PURCELL,KRUG,HALLER 717 234 7512 P.07/07 . . , . COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED F/I<IA.ffiIl\lEWEEHR M:RII1>CE~, OC. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated lULl::tl< 24, 2000 By ~,~.~ Title OCT 12200008:16 717 234 7512 TOTAL P.07 PAGE. 07 "'~" ,=.. ,< ft.clJ'l'~''if1/o.,,;-,u.~.'-'h'''tim~!;ili!i'~~r~l~:'!!:1'l<r!JJ.klM''.'~~ ,- . a,-';>, \_~y;..l /J=i.nJ ,~~::~r '"~J ,~'-'1 ~ f;;;:u ,~~ 1"" '" ,r,~, .'.- ,,'~--', ... ~ I ,,","~, ,~~"' ".< ~,M" .~. ,'"-' '" Ii Ill.. "'"'~IIlJia~ - "~,..,.,"." I ~ ;:?F..',J &r1.f '. ~: ~ ~ J:; I '--'-~ L " ' " ,.' , "'"" "~I" iiJ.X;. l COLUMBIA NATIONAL, INCORPORATED F/KIA PAINEWEBBER MORTGAGE FINANCE, INe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE JOAN HUBBARD AND JAMES A. HUBBARD 7zo.1JtJ - 75 39 ~ I P.<-- Defendants TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOnCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take,action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to yon. YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 . 717-249-3166 TRUE COpy FROM RECORD In Testimony whereof. I here unto set my hano and the seal of said Court at Carlisle. Pa. This J5'q !~y (II ~~.. ~ " 'j' IlJ ~Jjf,,,-/ ~ ProthonotarY - ~ . ...l. ~ . , " ; '" --",' ~ j., ." ' ""-::"", , COLUMBIA NATIONAL, INCORPORATED, F/K1 A P AINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE JOAN HUBBARD AND JAMES A. HUBBARD, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff ,.....L '. -"" . ~~' . "I.~~ , COLUMBIA NATIONAL, INCORPORATED, F/K/A P AINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. JOAN HUBBARD AND JAMES A. HUBBARD, ACTION OF MORTGAGE FORECLOSURE 7'lA:;.OV- 7539 ~ Ti..-. Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, JOAN HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA l70ll. Defendant, JAMES A. HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA l70ll. 3. On or about, August 31,1993 the said Defendants executed and delivered a Mortgage Note in the sum of $11 0,000.00 payable to P AINEWEBBER MORTGAGE FINANCE, INC. which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1162, Page 344 conveying to original Mortgagee the subject premises. Painewebber Mortgage Finance, Inc. is now know as Columbia National, Incorporated. 5. The land subject to the Mortgage is: 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. I. ,..,,~'. ''';~-' 1 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $102,603.50 Interest at $22.48 per day From 02/01/2000 To 1110112000 (based on contract rate of 8.0000%) $5,462.64 Accumulated Late Charges $357.81 Late Charges at $32.29 Per Month for 9 months $290.61 Escrow Deficit $1,127.45 $5,130.18 Attorney's Fee at 5.0% of Principal Balance $114,972.19 * * Together with interest at the per diem rate noted above after November 1, 2000 and other ch&rges and costs to date of Sheriffs 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time ..:.L '.s.'< -,-,,', J, ,-' ~--;'"'1;\ j' ~::'--:;" , limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($22.48 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. ~' /' / // ? By: ~L-/~ P CELL, KRUG & HALLER Leon P. Haller, Esquire Attomey for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) , ~6.~ ~ " , NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROV AL OF THE DEP ARTlVIENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. . AUGUST 31, 1993 [Dale I HARRISBURG ICily I PENNSYLVANIA ISI<lll'l 649 MEADOW DR. CAMP HILL, PENNSYLVANIA 17011 I Property Address! 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay. U.S. $* * * <. * * * * * 11 0 , 000 . 00 (this amount is called "principal"), plus interest, 10 the order of the Lender. The Lender is PA f NEWEBBER MORTGAGE F' NANCE, I NC. , A MARYLAND CORPORATION , I understand that the Lender may transfe, this Note. The Lender or anyone who takes Ihis Note by transfer and wbo is cnlillcd 10 receive payments under this Note is called the "Note Holdei:~' 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay inleresl al a yearly rate of *********8,000%. The interest rate required by this Section 2 is the rate I will pay both before and after any defaull described in Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay p,ineipal and interest by making payments e",'ery month. I will make my monthly payments on the 1 ST day of each month heginning nl1 OCTOBER . 1993 . I will make these payments every month unlil I have paid all of the principal and interest and any olhe, charges described below that I may l)we under this Note. Ivly monthly payments will be applied tointe,est hefme principal. If, on SEPTEMBER 1ST ; 2023 , I still owe amounl, under this Note, I will pay those amouu!s in full on that date, which is called the "Maturity Date." I will make my monthly payments at PAINEWEBBER MORTGAGE FINANCE, INC. P.O. BOX 905, COLUMBIA, MARYLAND 21044-0905 or at a different place if required hy the N"le !-jolder. (B) Amount of Monthly Payments My monthly payment will he in the amount of U.S. $" * * * *.> ** *807. 15. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known <IS a "prepayment." When I make a prepayment, I will tell the Nore Holder in writing that I am doing so. r may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce th" amount of principal that 1 owe under this Note. If I make a partial prepayment. the'e will be no changes in the due date or in the amQunt of my monthly payment unless the Note Holder agr=' in writing (l' Ihose changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the inleresl 01' other loan charges collected or to be collected in connection with this loan exceed the permitted limits. then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sllms already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose 10 make this retund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal. the reduction will he treated as a partial'prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If tbe Note Holder has not received the full amount of any monthly paymcnt by the end of 15 the date it is due, I will pay a late charge to the Note Holdcr. The alncunt of the charge wili be of my overdue payment. 1 will pay this late charge promptly hut only once on each late payment. (B) Default . . .. If I do not pay the full amount of eaeh monthly payment on the date It IS due, \ WIll be 111 default. calendar days aner 4 w 'v MULTISTATE FIXED RATE NOTE-Single Famlly-FNMAfFHLMC Uniform Instrument Form 3200 12/83 C.", G@.5V[9204}"o" 0'2 1:;f!i?,,;iJJ.jJ~'JJ / J.. Xh/ bit vMP MORTGAGE FORMS' (1131293-8100 . (80Dl -7291 [t/: - VNM1 08 /93 3:43 PM IIII~(I~[~~~I~IIIIIIIIII .~ "iiMi'o , . (e) Notice of Default If I am in default, the Note Holder may send me a written not tee tel1ing me that if 1 do noi pay the ovcrduc <-l111l1\1I11 hv a ccrt~\in date. the Noh: Hl)ldl'r may require me to pay imn1l'di<l!cl~llhL Cull a1l[OUllt of principal which has Illl! hl~ell paid and-all the Interest that I nwc on that amount. That date musl he al leasl 30 ,Jays artcr tIlt: date PIl which thc !In!icL' is dl.'livcrL'd (II" mailed to me. (D) No Waiver By Note Holder . Even if, at a time when I am in default, the Note Holder does nol require me to pay immediatelv in full as dese,ihed ahm'c, the Note Holder will still have the right to do so if! am'in default at a later time. - (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full a, descrihed above, the Note Holder will have the ,ighllo he paid back by me for all of its costs and expenses in enforcing tbis Note to tbe extent not prohibited hy applicable la';;. Those expenses include, for example, rea,onableattorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will he given hy dclivering it or hy mailing it hy first class mail to me at the Property Address above orat a different address if I give lhe Note Holder a notice of my different address. Any notice that must he given to the Note Holder under this Nole will he givcn hy mailing it hy first class mail to Ihe Nole Holder at the address stated in Section 3(1\) above orata different address if I am given a notice of that di ITerent address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmorc than one person signs this Note, each pcrson is fully and personally obligated to kecp all of the promises made in this Note, including the promise to pay the full amount owed. Any person who isa guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over thesc obligations, including the ohligati,msof a guarantor, surely or endorser of this Note, is alsoobli~atedto keep all of the promises made in this Note. The Note Holder may enforce ils rights under this Note against each person mdividually or against all of us together. This means that anyone of"s may he required 10 pay all oftheamountsowed under this Note. . . 9. WAIVERS I and any other person who ha, obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" mcans thc right to require the Note Holder to demand payment of amounts due. "Notiec of dishonor" means the right to require the Notc Holder to give notice to other pcrsons that amounts duehavc not hecn paid. 10. ALLONGE TO THIS NOTE If an '7l1on~e providing for payment adjustmcnts or for any other supplcmental information is exeeuled hy the Borrower together WIth thiS Note, the covenants of the allonge shall be mcorporated mto and shall amend and supplement the covenants ofthis Note a, if the allonge were a part ofthis Note. [Check applicable box] o Graduated Payment Al10nge . o Other [Specify] 0 Other [Specifyj 11. UNIFORM SECURED NOTE This Note is a uniform instmment with limited variations in some jurisdictions. in addition to the protections given lo Ihe Note Holder under this Notc, a Mortgage, Deed of Trust or Security Decd (the "Security Instroment "). dated the Sallll: date as this Note protects the Note Holder from possible losses which might result if! do not keep the promises which I make in Ihis Note. Th~t Security Instmment describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some ofthose conditions are described a' follows: Regulations (38 C.P.R. Part 36) issued. under the Department of Vcler"!"s Affairs ("V.A.") C?uarantce? Loan Authority (38 U.S.c. Chapter 37) and In effect on the date of loan clOSing shall govern the rIghts, dulles and liabilities of the parties to this loan and any provisions of this Note which arc inconsistent with such regulations me hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OP THE UNDERSiGNED. ~'A t:2~N~~ JAMES A. HUBBARD . SSN: 3 0-26-60 7 (Seal) (Seal) .Borrowsr -Borrower SSN: 1- Of( (Seal) (Seal) -Borrower -Borrower SSN: [Sign Ongmal Only J G -5V (9204) @ jll\.l1l2012 Form 3200 12/83 VNM1 08/30/93 3:43 PM 01903786 , ", i.,',~,. ~ , c'T- \ POLICY NO~ :) C: BE: 22?i::? EXHIBIi A ALL THAT CERTAIN plot of g.round sitlJste :in the Town~~jip of cast Pennsboroy County [If Cumberland 2nd State of' Pennsvlvanla, bOlJnded and des~ribed d~ follows. to WIt: BEGINNING at a poin.t on the north slde of Meadow DrIve at the corner of Lot No. 89 as shown in the hereinafter mentioned plan of lo:~s; thence along the line of said Lot NOt 89, North 34 degrees, 40 minutes West, 126.49 feet to a point at the cornel' of Lot No. 88 in said plan of lots; thence along the line of said L6t NIl. 88, north 44 degrees 36 mi11utes West, 66~53 feet to a ~oint; thence along other land now or for,merlv of Clyde O. Smyser and Esther Smyser, his wife, south 45 degrees 24 minutes W~.....t QJ::" 8'- .r:-t::.""'~ t"I' ., pt,"I..t" "l'~rc~"" '.1]"""9 ]~r....l .r:-"'j,.{..~,",'I\} ("'f' (.".I'}.."~' (1 t...::~.}' \_.,J'\.\J J :..\;-;\., .}!:Jo ..,. I , l- 1\':; r l:,'; (: ,\..' .101' ".J II..' 11'::..._ J .,..)'_Il.... _~ Smyser and Esther Smyser, his wifer South 42 degrees 49 minutes East, 78.00 feet and south 34 degrees 40 minutes East, 82.00 f~et to a point on the north side of M~adow Dri'vep aforesaid; thence along the north SIde of Meadow Drive, north 67 degrees 20 minutes East, 86.9 feet to ~ point at the corner of Lot NOi 89 aforesaid, the place of BEGINNINGt BEING Lot No. 90 in the plan of lots known as Plan No.2, Wes.t Creek ~~il1s, laid out by D.P. Raffensperger for Clyde Oi Smyser, said plan being recorded in the Office of the Recorder of Deeds in and 'Por Cumber'land County in Plan Book 18, Page 65~ and. re-recorded 11') Plsi1 Book 19, 1""''3," 4<'" BEING the same premi ses whi ch Denni s Thuy Pham, by deed dated 8) 3/ and intended to be recorded immediately prior hereto, granted and conveyed James A. Hubbard and Joan Hubbard, husband and wife, Mortgagors herein. , 1993 unto :t:- .1 ~ . ~ :\ . EY.J1;bit ".8 iJ 8'00K1162 PAGE 350 OCT-12-2000 10:15 ",' ':: .' "';':'1 PURCELL,KRUG,HALlER 717 234 7512 P.07/07 . \ . COMPANY NAME: COLUMBIA NATIONAL,TNCORPORATED , F/KIA H\INEWElHR M::RlG>lB TIN\N:E, OC. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated lU\.J:tl{ 24, 2000 By ~,0~ Title OCT 12 2000 08:16 717 234 7512 TOTAL P.07 PAGE. 07 .,..... ~_..~ '" ,~(ooI!l~'ilit~.' . .~ r.;f:1~~ :!:!::.'17 .c.,.~.., ~~<":::J ''''''''''''',", .~," "''''..~~ ~w ~" . ""." ~, " ~ ' ''-''"j;j/lla~~II''I~'&!ml~~&~l1I~Wi1lii'' , , :.~ , ... ~< "--~ ",I'j"[ """=< ~.... , ~; I (~ lf1r;j ee5 ~ lFiiii J$f; ': , '0 00 ",i,~1 , ~""'--"~~: . , COLUMBIA NATIONAL, INCORPORATED FIKJA P AINEWEBBER MORTGAGE FINANCE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE JOAN HUBBARD AND JAMES A. HUBBARD 7lv. tJtJ. 7539 ~ -r~ Defendants TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. . NOTICE You have been sued in court If you wish to defend against the claims set forth in the following pages, you musttake action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE lliE OFFICE SET FORlli BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADA5, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTODE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: 51 USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTEDCUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 1 COURlliOUSE SQUARE CARLISLE, PA 17013-3387 717-249-3166 TRUE COpy FROM RECORD In TestImOny WlltIreof, I here unto setmy hanG ~nd the seal of said Court at Carlisle. Pa. rhis J.s't:- dah ~~~A' ~ ~"ll;L~ ~- q,.1f' ProthOnotarY ,;." I J n " ].1 "'r,i , COLUMBIA NATIONAL, INCORPORATED, F/K/A PAINEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE JOAN HUBBARD AND JAMES A. HUBBARD, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. Ifthe Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney' will provide debtor with the name and address ofthe original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff ""- J ,; ,:~, ,",.'tiC"" COLUMBIA NATIONAL, INCORPORATED, F/K1A P AlNEWEBBER MORTGAGE FINANCE, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE JOAN HUBBARD AND JAMES A. HUBBARD, Defendants 7'Lo.o-v. 753'1 Cw:-t. J~ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a corporation, with an address of7142 COLUMBIA GATEWAY DRIVE, COLUMBIA, MARYLAND 21046. 2. Defendant, JOAN HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011. Defendant, JAMES A. HUBBARD, is an adult individual, whose last known address is 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011. 3. On or about, August 31, 1993 the said Defendants executed and delivered a Mortgage Note in the sum of$IIO,OOO.OO payable to PAINEWEBBER MORTGAGE FINANCE, INC. which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1162, Page 344 conveying to original Mortgagee the subject premises. Painewebber Mortgage Finance, Inc. is now know as Colwnbia National, Incorporated. 5. The land subject to the Mortgage is: 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. .. " ~..~, '."" , , 0' >'{j, t 6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 1, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNP AID PRINCIPAL BALANCE $102,603.50 $5,462.64 . Interest at $22.48 per day From 02/01/2000 To 11/01/2000 (based on contract rate of 8.0000%) Accumulated Late Charges $357.81 Late Charges at $32.29 Per Month for 9 months $290.61 Escrow Deficit Attorney's Fee at 5.0% of Principal Balance $1,127.45 $5,130.18 $114,972.19 **Together with interest at the per diem rate noted above after November 1, 2000 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to 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. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time "" "," , ~ ~__ ~'O~, limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.000% ($22.48 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of the property within described. ~ By: ._.~ P CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) . '~ '" _.~ '~~~ NOTE NOTICE: THIS LOAN' IS NOT. ASSUMABLE WITHOUT THE APPROV AL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. . AUGUST 31, 1993 IDalel HARRISBURG ICilyl PENNSYLVANIA 151<1[\'1 649 MEADOW DR. CAMP Hill, PENNSYLVANIA 17011 I Properly Addressl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promisc to pay us $* * ** ** * ** 11 0,000 . 00 (this amounl is calkd "principal"), plus interest, to the order oflhc Lender. Thc Lender is P A I NEWEBBER MORTGAGE F I NANCE, I NC . , A MARYLAND CORPORATION I understund thatlhe Lender may transfcr this Note. The Lende, or anyone who lakes this Note hy transfer and who is entitled 10 ,eeeive payments under this Notc is called the "Note Holde'::' 2. INTERES1; . Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay intercst al a yearly rate of *********8.000%. The interest rate required by this Section 2 is thc rale I will pay both before and after any del'llllt dcserihed in Section 6(B) of this Note. . 3. PA YMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly pllymenls on the 1 S T day of ~aeh month h~ginning on DCTOB ER . 1993 . I will make (hese payments every monlh llnlil I have paid all of the p,incipal and interest and any olhe, charges deserihed bel",,, that I may <)we under this Note. My monthly payments will be applied '0 inte,esl before prinelj,al. If, on SEPTEMBER 1ST . 2023 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." . I wilI make my monthly payments at PAINEWEBBER MORTGAGE FINANCE,INC. P.O. BOX 905, COLUMBIA, MARYLAND 21044-0905 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My munthly payment will be in the amount of U.S. $"'** * *****807.15. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is kllown ilS a "prepayment." When I make a prepayment, I will tell the Nore Holder in writing that I am doing so. . . I may make a full prepayment or partial prepayments witholll paying anyprepaymelll charge. The Note Holder wIIIlIse all of my prepayments to reduce th~ amount of principal that I owe under this Note. If I make a partial prepayment, Ihere will be no changes in the due date or in the amQunt of my monthly payment unless the Note Holder agrees in writing [c,those changes. 5. LOAN CHARGES If a law, which applies to this loan and wh}ch sets m~ximum lo~ charges, is finally int~rpret~d:;o that the. inlerest or other loan charges collected or to be collected 10 connectIOn With thiS loan exceed th,? per~ltt~d hmlt.~, then: (1) any such loan charge shall be reduced by the amount necessary to reduce the charge to the perrmtled hmlt; and (u) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make thiS retimd by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reauees principal. the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any munthiy payment by the end of 15 the date it is due, I will pay a late charge to the Note Holder. The amlOtlnt of the charge will he of my overdue payment. t will pay this late charge promptly hllt only once on each late payment. (B) Default If! do not paythefull amount of each monthly payment on the date it is due, I will be in default. 4 calendar days after w Ir,; MULTI STATE FIXED RATE NOTE-Single Famlly-FNMA/FHLMC Uniform Instrument Form 3200 12/83 C., . G@'SV"2041"" '012 '"~t:". . 4~1d J-. X~1d')i-t VMP MORTGAGE FORMS' (313)293-8100 . /800) .7291 '/tt VNM1 08 /93 3:43 PM IIII~(I~~~~~I~IIIIIIIIII . L < . ""- ~ , (C) Notice of Default Jr I am in default. the Note Holder may send me a wrinen notice telling me that if 1 do not pay the overdlle :.lI11Ptml lw ~l cert?1n date. the Note Hl)lder may require me.: to pay imnll'diatd:1 till: rull al110tll1t llr principal \vhich l1a~ out hL'C1l paid a\)d-~dl the mterest tl'la! I owe un that amount. That date must Ill' al kasl 30.:lays afler the date (111 which IhL' IlptiCl' is dclivl'rl'd (lr mailed to me. (D) No Waiver By Note Holder . Even if, ata ti.me ~hen I am indefault, the ('<.ote Holder does not require meto pay immediately in l"tlil as dese,ihed ah"vc. the Note Holder wtll sttll have the rIght todosolf I am'm default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full a. dt~.cribed above, the Note Holder will have the ,ighllO hc paid back by me for all of its costs and expenses in enforcing this Note to tbe extent np! prohibited hy applieahle la"~. Thosc expenses include, for example, reasonable attorneys' fees. . . 7. GIVING OF NOTICES . Unless applicable law requires a different method, any notice that must be given to me under this Nole will he given hy delivering it or by mailing it hy first class mail to me at tbe Propertv Address ahove or at a different address if I give the Note Holder anotiee of my dilTerent address. . . Any notice that must be given to the Note Holder under Ihis Nole will he given hy mailing it by 1i,,1 elass mail 10 Ihe N,'le Holder at the address stated in Section 3(1\) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this NOlC is also obligated to do these things. Any person who takes over these obligations, including the ohligations or a guarantor, surely or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enl,nee its rights under this Note against each person individually or against all of us together. This means that anyone nf us may be ,equi red 10 pay all oUhe amountsowed under this Note. 9. WAIVERS I and any other person who ha. obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of disbonor" means Ihe right to require the Note Holder to give notice to other pe"ons that amounts due have not been paid. 10. ALLONGE TO THIS NOTE If an allonge providing for. payment adjustments or for any other sUPl'lemenlal inl(lfmation is exeeuled hy Ihe 8, "" lwe, together with this Note, the covenants of the allonge shall be ineorporat'od mto and shall amend and supplement the eovenanls or this Note as irthe allonge were a part of this Note. [Check applicahle boxJ o Graduated Payment Allonge' o Other (Specify) 0 Other (SpeeifyJ 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given 10 Ihe Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instmment "). dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instmment describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some ofthose eondi tions are described a' follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veteran's Affairs ("V.A.") Guaranteed Loan Authority (38 U.S,C. Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any priwisions of this Note which are inconsistent with such regulations arc hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ~'A a~N~12- JAMES A. HUBBARD SSN: 3 0-26-6 7 (Seal) (Seal) -Borrower -Borrower SSN: 1- Of( (Seal) (Seal) -Borrower -Borrower SSN: [Sign Ongmal Onlv} G.5V (92041 @ "<lg9 2 012 Form 3200 12/83 VNM1 08/30/93 3:43 PM 01903786 ~ ~ ~ ~ b.. ,,l.' I .~ ' ~',] , POLICY NO~ :.' ";: B E: ~.~ .....':,.'., EXHIBIT A ALL THAT CERTAIN plot of g,rou!ld sittJste :Ln the TIJWilS~jip of ~ast Penn5boro~ County [If Cumb8rland ar)d State of' PerrnSV1Vaf)la, bOtJf)ded' al1d des~ribed as followsi to Wlt: BEGINNING at a point on the Ilorth $10e of Meadow DrIve at the corner of Lot No. 89 as shown in the hereinafter mentioned plan of lots; thence along the line of .said L_ot N'04 89, North 34 degrees, 40 ffilnutes Nest, 126~49 feet to a point at the corner of Lot No. 88 in said plan of lots; thence along the line of said L6t No. 88~ north 44 degrees 36 millutes West, 66.53 feet to a point; thence along other land now or formerly of Clyde Ot Smyser and Esther Slnyser, his wife, south 45 degrees 24 mi~utes west, 85.a6 feet to a point; thence along land formerly of Clyde O. Smyser and Esther Smyser~ his wifer South 42 degrees 49 minutes East, 78.00 feet and south 34 degrees 40 ffiinutes East, 82.00 feet to a poirlt on the north side of Meadow Driver aforesaid; thence along the 110rttl slde of Meadow Drive, north 67 degrees 20 minutes East, 86.9 feet to d point at the corner of L_ot No. 89 aforesaid, the pla(~e of BEGINNING. BEING Lot No. 90 in the plan of lots known as Plan Nel. ~, Wes't Creek Hi 11:;? ]. ai (.1 nut r:,IV DIP:; f~a'ff€~n~:;pi::'~r g(~,r for C1 yd(~ o. ~::;lHy~;:.(.:~r~' ~:;a id p.L i:~n being recorded in the Office of the Recorder of Deeds in"and for q Cumberland County in F'lan BOOk 18, Page 65, and. re-recorded 11') Pl~~r) 8ooi~ l~!, Pa'=Jf:'~ 46. BEING the same premi ses' whi ch Denni s Thuy Pham, by deed dated 8) 3/ and intended to be recorded immediately.prior hereto, granted and conveyed James A. Hubbard and Joan Hubbard, husband and wife, Mortgagors herein. , 1993 unto '..' _ "" oi p(!)I1l\lIVlvanitl 1 SS :. , " " . mbfJ(land J of Deede "tv of Cu ..... the recording .,," '. .h_ oi'ftCA! ....r ouPWf ~.. ~,"".'.:J,(tj1"'~~~~l'a~ ~.~. . _ V. .. ' . ".-,. ....-,.. :2 ','. I... .. . ", hr.il~l'" , sea . . . " '~'. <;, ~n" oJ. "" q E'{h;oit ".8 iJ 800K1182 PACE 350 "---.- : L I ,",,0 "-,,, ' ~"~..:, OCT-12-2000 10:15 PURCELL,KRUG,HALLER 717 234 7512 P.07/07 . ~ COMPANY NAME: COLUMBIA NATIONAL, INCORPORATED F/K/A IroNEWElHR MlITCt'ffi Fll.\i\N:E, OC. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . Dated u..;1Lttl<24, 2000 By ~"~. Title OCT 12200008:16 717 234 7512 TOTAL P.07 PAGE. 07 ;i",J' ill!'T{ <J.~",," ...'~,;.i,i~r!' ' ili~ . ~ , ',,,",' ~ [;::::" ~.' . "",,,,,,! ~~J .~. ~ ,< .~ ,o~'.. ,~ ~ll:llmo&Mif~' j,' ~ ,~, "~illll!:ii~~ ~ I ,,",I,:%W\.':,,~. "'Ii ~ .~ - '. IIlilI - ...........,. . I i I I ! ! I I I .AI "IIli ~ ~ ~ ~ 1. .rlliift . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ____________________________________ ____ ____________~_ ____ ____ __ __ _______ ____ Recorder of Deeds in and for said County and State do 'hetl:by certify that the Shenfrs Deed in which ________________ James L Adams ____________________________________________________________________________________ ~ theg<antee the same having been sold to said grantee on the _____~.:.?_______________________________________ day of April 02 ________________________________________ A. D., r _____, under and by virtue of a writ______________ Execution . 12th _______________________________ _~--- _____ _______ ISSUed OIl the _____________ ___ ______ ____ __ __ _______ December day of __________________________ A. D., Civil ______________________________..._____ __ __________ __ _______ _____________ ____ ____ ___ Tenn, : 7539 Columbia Natl Ine fka Painwebber Mtg Fin Ine Number ______________, at the suit of _______________________________________________________________ 01 _____, out of the Court of Comman Pleas of said Counly'a. of 2660; . Shawn D Hubbard ____________________________ ___ ...___ agalnst___ _ _ _ __ _______ ____________ ________ __ __ __ ______ __ __ _ is duly recorded in Sherifrs Deed Book No. _________!_~; Page _________3_~~.5 IN TESTIMONY WHEREOF, I have hereunto ;-ti set my band and seal of said office this _11______ day ;""""",,- "-,, " " " . "' ~ " ""' Columbia National, Incorporated f/k/a Painewebber Mortgage Finance, Inc. VS Shawn D. Hubbard In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-7539 Civil Term Barry J. Horn, Deputy Sheriff, who being duly sworn according to law, states that on December 28,2001 at 3:23 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shawn D. Hubbard, by making known unto Shawn D. Hubbard, personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy ofthe same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2002 at 2:35 o'clock P.M., E.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shawn D. Hubbard located at 649 Meadow Drive, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defend~ts to wit: Shawn D. Hubbard, by regular mail to his last known address of26 South Hanover Street, Apt. #3, Carlisle, P A 17013. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal noticee had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum $31,000.00 to James L. Adams. It being the highest bid and best price received for the same, James L. Adams of P.O. Box 82, Franklintown, PA 17323, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $34,456.80. Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale $30.00 620.00 15.00 15.00 30.00 10.00 .50 1.00 9.75 .81 15.00 20.00 20.00 -,~'~' Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 200.00 423.50 347.10 24.20 25.00 26.50 $1833.36 Sworn and subscribed to before me This ~ day of ~, 2002, A.D. C},.t..... 0. ~ ,1.!pI P thonotary ,. ., , . J,~ .~ ~~ R. Thomas Kline, Sheriff BY\. k)ll-4 SrnJ1t.. Real Estate Deputy ~.~ 3D'W ,00 . oc. ,'j(.L,G,1 ev. p.,> ns . ~;" J ~ '" ' ,; ~ " " ." ~.:< ,'.- ",' ~:' " SCHEDULE OF DISTRIBUTION SALE NO. 61 Date Filed: May 3, 2002 Writ No. 2000-7539 Civil Term Columbia National, Incorporated f/kla Painewebber mortgage Finance, Inc. VS Shawn D. Hubbard, Administrator of The Estate of Joan Hubbard 649 Meadow Drive Camp Hill, PA 17011 Sale Date: Bid Price: Buyer: April 3, 2002 $31,000.00 James L. Adams Real Debt Interest Writ Costs Late Fees Escrow Deficit $23,134.09 1,227.60 144.30 129.16 1,500.00 Total $26,135.15 DISTRIBUTION Amount Collected Sheriff s Costs Legal Search Local Transfer Tax State Transfer Tax Credit East Pennsboro Township Credit Writ No. 2000-7539 Civil Credit mortgage given to Household Realty Corp. (dated 08/10/98) $34,456.80 1,633.36 200.00 1,318.40 1,318.40 212.85 26,135.15 3,638.64 So Answers: R. Thomas Kline, Sheriff - " . . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 61, March 6, 2002 LIST Held , 2002 Date: April 12, 2002 TAXES: Receipts for all taxes for the years 2000 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2002, and recorded , 2002, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Dennis Thuy Pham and Que Nguyen by deed dated August 31,1993 and recorded September 7, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Carlisle, Pennsylvania in Deed Book "M", Volume 36, Page 1128 granted and conveyed to James A. Hubbard and Joan Hubbard. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Meadow Drive. 6. Conditions, easements and restrictions shown on or set forth on Plan 2 West Creek Hills recorded in Plan Book 18 Page 65, REVISED IN Plan Book 19 Page 46. 7. Building and use conditions and restrictions as set forth in instrument recorded in Misc. Book 120 Page 208. 8. Mortgage in the amount of $110,000.00 given by James A. Hubbard and Joan Hubbard, husband and wife, to Painewebber Mortgage Finance, Inc., dated August 31, 1998 and recorded -- ~' , ~'"'[ "'(' JI "."',;;c" "1,', " August 12,1998 in Mortgage Book 1475, Page 117. Complaint in Mortgage Foreclosure filed by Columbia National, Incorporated, f!k/a Painewebber Mortgage Finance, Inc. as Plaintiff against Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard as Defendant in the Office of the Prothonotary of Cumberland County to file no. 2000-7539. Judgment entered December 12, 2001 in the amount of $23, 134.00. 9. Mortgage in the amount of $30,649.95 given by James A. Hubbard and Joan Hubbard, husband and wife, to Household Realty Corp., dated August 10, 1998 and recorded August 12, 1998 in Mortgage Book 1162, Page 344. 428. 10. Rights of Bell Telephone Company of Pennsylvania recorded in Misc. Book 115 Page 11. Rights of Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania recorded in Misc. Book 116 Page 251. 12. Rights of East Pennsboro Township Authority recorded in Misc. Book 154 page 218 Assigned to Township of East Pennsboro in Misc. Book 230 Page 851 13. Rights of Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania recorded in Misc. Book 176 Page 793. . 14. Conditions as set forth in Deed Book F, Vol. 34 Page 427 15. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 16. Satisfactory evidence to be produced that James A. Hubbard predeceased Joan Hubbard. 17. Subject to possible claims of United States Department ofthe Treasury, Pennsylvania Department of Revenue and Pennsylvania Department of Welfare against Estate of Joan Hubbard for possible U.S. Estate Tax, Pennsylvania Inheritance and Estate Taxes, and Department of Welfare lien for unreimbursed expenses. 18. Real estate taxes accruing on and after January 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be v d or binding nntil countersigned by an authorized signatory . ., . REAL ,ESTATE ,sALE NO. 61 Writ No. 2000-7539 Civll Columbia National, Incorporated f/k/ a Palnewebber Mortgage Finance, Inc. vs. Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard Atty.: Leon P. Haller ALL TIlAT CERTAIN plot of ground situate tn the Township of East pennsboro. County of Cumberland and State of Pennsylvania. bounded and described as follows. to wit: BEGINNING at a pOint on the north side of Meadow Drive a the comer of Lot No. 89 as shown in the hereinafter mentioned plan of lots; thence along the line of saJd Lot No. 89, north 34 degrees 40 minutes west, one hundred twenty- six and forty-nine hundredths {126.49} feet to a point at the cor- ner of Lot No. 88 in said 'plan of Jots; thence along the line of said Lot No. 88. north 44 degrees 36 minutes west. sixty-six and fifty~ three hundredths (66.53) feet to a point; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser, his wtfe, south 45 degrees 24 minutes west, eighty-five and eighty-six hundredths (85.86) feet to a point: thence along land formerly of Clyde O. Smyser and Esther Smyser, his Wife. south 42 degrees 49 minutes east, seventy- eight (78) feet and south 34 degrees 40 minutes east, elghty~two (82) feet to a point on the north side of Meadow Drive, aforesaid: thence along the north side of Meadow Drive, north 67 degrees 20 minutes east. eighty-six and nine tenths (86.9) feet to a point a the comer of Lot No. 89 aforesaid, the place of BEGINNING. BEING Lot No. 90 in the plan of lots !mown as Plan No.2, West Creek HUls, laid out by D.P. Raffensperger for Clyde O. Smyser, said plan be- ing recorded in the office of the Recorded of Deeds in and for Cumberland County in Plan Book 18, page 65, and re-recorded in Plan Book 19, page 46. HAVING THEREON ERECTED A PROPERTY/PARCEL OF LAND REFERRED TO AS 649 MEADOW DRIVE. CAMP HILL. PENNSYLVA- NIA. BEING THE SAME PREMISES WHICH Dennis Thuy Pham and Que Nguyen by deed dated 8/31/ 93 and recorded 9/7/93 in Deed Book M-36, Page 1128 granted and conveyed unto James A. Hubbard and Joan Hubbard. The said James A Hubbard died, leaving to survive Joan Hubbard. The said Joan Hub- bard died and title vests In the Es~ tate of Joan Hubbard, Shawn D. Hubbard, Adminifstrator. TO BE SOLD AS THE PROP- ERTY OF SHAWN D. HUBBARD. ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD ON CUMBER- LAND COUNTY JUDGMENT NO. 2000 7539. ASSESSMENT: 09-16-1304-053. , -;:c - --+ ;. - , . ~.l -;~ "..' REAL ESTATE SALE #61 ATTORNEY Leon P. Haller Advance Costs: $1,000.00 Assessed Valuation: 131,840.00 Writ No. 2000-7539 Civil Columbia National, Incorporated f/kJa Painewebber Mortgage Finance, Inc. VS Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard 649 Meadow Drive Camp Hill, PA 17011 Real Debt: Interest from Attorney writ costs Late Fees . . "'R~t"":rn'W T)pf1f"1t- $23,134.09 1,227.60 144.30 129.16 1 . 'iOO.OO Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone sale Legal Search Law Journal Patriot News Share of bills Distribution of proceeds Sheriff s deed Misc. 1 Misc.2 Sewer & Refuse Taxes 30.00 620.00 15.00 15.00 30.00 10.00 .50 1.00 9.75 .81 15.00 20.00 20.00 200.00 423.50 347.10 24.20 25.00 26.50 1~ .......... ,~w" ,. ~ . " ~ l~' ,. COLUMBIA NATI ONA , INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA: 1. Name and address of the Owner(s) or Reputed Owner(s) : Shawn D. Hubbard, Administrator Estate of Joan Hubbard 2216 Logan Street Camp Hill, PA 17011 2. Name and address of Defendant (s) different from that listed in (1) above: in the Judgment, if SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Department of Revenue Inheritance Tax Division Strawberry Square Harrisburg, PA 17105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P. O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 East Pennsboro Township 98 So. Enola Drive Enola, PA 17025 East pennsboro Township Robert Gill, Township Manager c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 4. Name and address of last recorded holder of every mortgage of record: , [, I" 'r ",', '" ."" , f PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : Household Realty Corporation 28 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. interest sale: Name and address of in the property and UNKNOWN every other person who has any record whose interest may be affected by the 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TEN~~TS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 William D. Schrack, III, Esquire 124 West Harrisburg Street P. O. Box 310 Dillsburg, PA 17019-0130 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relati~. .to unsworn falsification to authorities '~?-f /-- - ~'L -______ F/, ..' " ",~., Leon P. Haller PA I.D. #1570D Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 11, 2001 ~"""- 4' - I 'f&;.- I --,',',' 0. ,"""'....'., COLUMBIA NATI ONA , INCORPORATED F/K/A PAINEWEBBER MORTGAGE FINANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION - LAW VS. SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD, DEFENDANT NO. 2000 7539 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: I WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner'S Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania l70l3 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: 649 MEADOW DRIVE CAMP HILL CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2000 7539 THE NAME (S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: SHAWN D. HUBB~RD, ADMINISTRATOR OF THE ESTATE OF JOHN HUBBARD ,(' ~~ I' , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve part of the. proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless somedneobjects by filing exceptions to it within ten (lO) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: :;~., Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania l70l3 717-249-3166 "~~~'M.1"J~.P"~~':~,__"""-,__,,c,,,,, ,'"",> ",r,." , Legal Services, Inc. S Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: l. You may file a petition with the Court of Common Pleas of l:he within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the ,~ " I do '[ " .'..........~w~;i . Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other. proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~ " >, ,. I~' 'l" l1W .' ALL THAT CERTAIN plot of ground situate in the T~wnship of East Pennsboro, County of Cumberland and State of Pennsylvania, bOlmded and described as follows, to wit: BEGINNING at a paint on the north side of Meadow Drive a the corner of lot No. 89 as shown in the hereinafter mentioned plan of lots; tllence along the line of said Lot No. 89, north 34 degrees 1I0 minLttes w~st, ~ne hundred twenty-six and forty~nine hundredths (126.49') feet to a point at the carner of Lot No.. 88 in said plan of lots; thence along the line of said Lot No. 88, north 44 degrees 36 minutes west~ sixtY-Six and fifty-three hundredths (66.53) feet to a point;' thence along otner land now or formerly at Clyde O. Smyser and Esther ~myser~ his wife~ south 45 degrees 24 minutes west, eighty-five and eighty~six hundredths (85.86) feet to d point; thence along land formerly of Clyde O. Smyser and Esther Smyser~ his wife, south 42 degrees 49 minutes east, seventy-eight (7B) feet and south 34 degrees 40 ,minutes east~ eighty-two (82) feet to a point on the north side of Meadow Drive, aforesaid; thence along the north, side 01 Meadoew Drive, north 67 degrees 20 minute~ east, eigty-six and nine tenths (86.9) feet to a point d the corner of Lot No. 89 aforesaid, the place of BEGII~t-JIt~G. BEING Lot No. 90 in the plan o'f lots ~:,nQ\om i~5 Plan No. 2, ~)e!:t Creek Hills, laid out by D.P. Paffensperger for ClYDe D. Smyser, said plan being recorded'in the office of the REecnrded of Deeds in itnd for Cumberland County in Plan Book 18, page 65, and re-recorded in Plan ~ook 19, page ~6. ' P~VING THEREON ERECTED A PROPERTY/PARCEL OF LAND REFERRED TO AS 649 MEADOW DRIVE, CAMP HILL, PENNSYLVANIA. BEING THE SAME PREMISES WHICH Dennis Thuy pham and Que Nguyen by deed dated 8/31/93 and recorded 9/7/93 in Deed Book M-36, Page 1128 granted and conveyed unto James A. Hubbard and Joan Hubbard. The said James A. Hubbard died, leaving to survive Joan Hubbard. The said Joan Hubbard died and title vests in the Estate of Joan Hubbard, Shawn D. Hubbard, Administrator. TO BE SOLD AS THE PROPERTY OF SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD ON CUMBERLAND COUNTY JUDGMENT NO. 2000 7539. ASSESSMENT: 09-18-1304~053 i<:\MI\F\DOCSIGUMBERLAIHUBDES "'ftL., ,,,,,,,",",,~ ~'. ~", """'-'.,~"'~"~ ",,,J.. ,", ~ . .,~ ~ ~> ~~ , ,J.___ " ""-",,,,_._~t ' -~~"-~' ~"""', . WRIT OF EXECUTION i'lndlor ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cunberland NO. 00-7539 CIVIL ~ 'l'ER4 CIVil ACTION - LAW COUNTY: To satisfy the debt, inte,esl and costs due _Columbia NrltinT1rl1 TT1f'n'T^rrltPrl T'/K/l>. PrliT1f>we~r ~QJ;:tga~ Finance. Inc. Irom __ShawrU). Hubbard, Administrator Of The Estate Of Joan Hubbard 221~~~n Street, Camp Hill, Fa. 17011 PLAINTlFF(S) DEFENDANT(S) (1) You a'e directed to levy upon the property 01 the delendant(s) and to sell See 1f>ga] nf>Rf'riptinT1 (2) You a'e also directed to allach the property 01 the delendant(s) not levied upon in the possession of GARNISHEE(S), as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) .the garnishee(s) io/f1re enjQiqed'trgll'!:!if~~jany debito or for the account of the defendant(s) and. from delivering any property of the defendant(s) or otheJ~~el"!li~~Sing thereof: . .'i': (3) If property oUhe defendant(s) not levied upon an su~ject to attachment is foundiJ'l!tJe posses.si!)',i;Y"j,\ than a named garnishee. you are directed to notify him1herthat he/she has been added as. a g~(riishee: and is' stated. AmOunt Due 823,134.09 87.92 per diem 10/1/01-3/6/02 Interest ~ 1,227 60 Ally'S Comm % lL $0 50 Due Prothy S 1 _ 00 Othe, Costs T.",r,> rhrlrry>" rlt $17 7q pF'r mrmth Ally Paid Plaintiff Paid 8 144.30 to sale date 8129.16 F.~rrnw ~firir $ 1,son nn Date: D€c€mber 17. 2001 rllrt;~ R. Long Prothonotary. Civil Division by 0-1"'" 0 ~ Deputy REQUESTING PARTY: Purcell, Krug & Haller Name Loon P _ Mallor, Esg. Add,ess: 171 9 Nnrth T'rnnt Street Ha=ishurg. Fa. 17102 Attorney 10': P1 ff Telephone (717 )714-4178 Sup,eme Court ID No. ProthonCltari_ ~l:inr' . 4:~~_,'Ci~""~"ffi'~~&IJN,,,,,it:f,,,>!O_,'<Jb'h"~:'iI'>!,iJiI~[;d1:-!."~iL"",;~'i0-,'bG,"'-".d'i'J,.J"!>!"~"-o.8'a"'^,,""'~>J:k,;w.;.j'-(~Iri,(;~<'~;'",,,M_:'I>il!'']:)~~~ltll!!Jill_.ifL_iI'.g'6illtilllll ~ 1'~' ""'.~, j! , REAL ESTATE SALE No. G I On December 13,2001, the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A, known and numbered as 649 Meadow Drive, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13,2001 By: 0~0-~ Real Estate Deputy ~ c:;:t;l c:v;} c::::3 GV v;.n1 Vllf'V'f.,l.J..SNN3d -:1."" {'- :>'\'~'\V'J 10. "J L"l t II 330 ,,_ ,." . , " ,-',",,0:> ).inll': J d" ,..~ jO jjl\l3HS 3Hl 30 ,,~Ij '.. __", ,. ,~~^ '"'<"'~...", ~ ~,;"r. ' , ",,,,~,~I~,.,,.,. '" "",,",... ."."",,__~ '-', ;;.....~ WI.~SAu;.K..61, _~ . y/rq lIo.2OOO,n/39 .~, . . . Clvuronn ~~;;' ;COlUiiiblaNailonal. ~-"o. . lo!1O'Pi>ra1ed fJIcIa ..'V.~~ -.,l'plqQ)'!~J>l>or M.rjgBge ~ ;;:~-=C~ ~nan~;r~~., . ,. t-:~~~:fo!E~''" .. ~~:;;f~N~,tie\fer :;1...<( '' ,"U'.'" : ~ c:E1rrA.lrf'plOi ofground si~e ~p arEast Pennsboro~ County of ~""d..'"~'ot:.-~lvilAia. ',_', edBnddes~I~lp:,~j~. ,~G...ataporn1 on the north si3e of ~ow DriYeJU. the carner ,of Lot No,. 89 as ~:.sn.ow-n Tn 1bL.het:einafler mentioned plan of Jo.ts.;....thence..~Jf'\n.&}~p lID" ots.aid Lot No. 89., oiiffi[ili~ ~s.40 mfuutes"Yt'~ o~ hundred ~y'"" and fll!\j'iUnilllU!!ll<<li!l,(I"",j9j . ~ point allb, Comer ortolNo. 8S in ;~'plan of lots' .lli~~' aJOng mt;,liil~ of ~.' =lBO..Ill!;~~'36~""S~. ~;~.. ... . .' ''!1'N,(5(h53) '~ ,-,..,.. enee.' -()"lind"ooWOl' .Ji>Ji1i"ly . .,.-., 'Jls~ _~liii: ininUtei .~....".";. v, '" '~unilredili, ::-->riT',....""'. ,'" -"j_.,. " ,.,"."'-'eeL~~ . ' ~ODg ~ ,,~r(itnJprly ""or' J~ ,. . ,Smyser iitid' Bit]ler' r " ',,'.a , 4iimimites. , ' ," . t eet and'S-Oui.ll"34" ;';'~.t1U~ OJlput~~e!.', ,1il6iY.two (82) feet '-,lQ.1fpoffit onUle noilli imfeOft.teadow Drive, ~~~~,'11-"~~ ,:D:~,:U~ _...e,~~. . ;',__diOly~six. and nine tenths (86.9) feet to a .QQID~ afilie comer aCtor No. 89 aforesaid, the ~ ofBEGIllNING. ..:.~NQ. 90 in the plan ofJol!>.known as .~:WcsL~.I!ills,]'\i(\ODl,by l):.E, ~er f9C_C1yoe O. 8n;~d plan ..~~r~~~~ ~oontyin~~ ~"l.&,. p~e 65. 'and re-recorded in Plan :JlM..!2, "... '16:" ,.. ,,,...,.~ ..' 1iA.'"lJ>lJr&;lllillONEREcTIiiA - ~~~ '1'\'.lW,'''LYl\.l'M,. .... . ;1l\llNu TilE SAMi','1'REM1sES WHlCH ~~.' ZPi>am. .~"" Que .Nguyen by deed ~.~$7193 in Deed ~V:)t~~ llW-, r l1J,gaiued and cOll'leyed BJ:A I!iJhba!1lMd_H,bbaiiiThe ~ A. ~~9 died. leav,Jng to survive i1'Oi!l1fuboard. Th~t~ _dkdand v",,,- inllJe. . ,}fJoan Hubbard, ~~or,. , \ WI] I - ~.lIi'I~,,"' ,,- , ,,-"".~ - '. , . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, App,oved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn acco,ding to law, deposes and says: That he is the Ass!. Cont,olle, of The Pat,iot News Co., a corporation organized and existing unde, the laws of the Commonwealth of Pennsylvania, with its p,incipal office and place of business at 812 to 818 Market St,eet, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner ~nd publisher of The Patriot-News and The Sundav Patriot-News newspape,s of general ci,culation, p,inted and published at 812 to 818 Ma,ket St,eet, in the City, County and State aforesaid; that The Patriot-News and, The Sunday, Patriot-News were established March 4th, 1854, and Septembe' 18th, 1949, ,espectively, and all have been continuously published ever since; That the p,inted notice or publication which is secu,ely attached he,eto is exactly as p,inted and published In thei, regular daily and/o, Sunday/ Metro editions which appea'ed on the 29th day(s) of January and the 5th and 12th day(s) of Februa,y 2002. That neither he nor said Company is inte,ested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to. the time, place and character of publication a,e t,ue; and That he has pe'sonai knowledge of the facts afo,esaid and is duly autho,ized and empowe,ed to ve,ify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimousiy passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Daup 'n' Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #61 Y 2002 AD. Nolar\al Sool Tony L. Rusaell, Notary Public Han1sbuI\l, Dauphin County My Commission Explras Juno 6, 2002 Member, Pennsylvania A!lSOCIatlon 01 Notaries NOTARY PUBLIC My commission expires June 6, 2002 . CUMBERLAND COUNlY SHERIFFS OFFICE CUMBERlAND COUNlY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ P,obating same Nota,y Fee(s) $ Total $ 345.60 1.50 347.10 Publisher's Receipt for Advertising Cost The Pat,iot News Co., publisher of The Patriot-News and The Sundav Pat,iot-News, newspapers of gene,al circulation, hereby acknowledge receipt of the afo,esaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ~"-, ,o'<~_.-:"';:-::,~'.'(0;'::'" ',,: "pi:r. '"I -~~"""~. ,., REAL ESTATE SALE NO. 61 Writ No. 2000-7539 Civil Cohunbia National, Incorporated f/k/a Painewebber Mortgage Finance, Inc. vs. Shawn D. Hubbard, Administrator of the Estate of Joan Hubbard Atty.: Leon P. Haller ALL TIIAT CERTAIN plot of ground situate in the Township of East Pennsboro. County of Cumberland and State of Pennsylvania. bounded and descrJbed as follows. to wit: ,"'<;;H>;- 'i'" , ""I BEGINNING at a point on the ,north side of Meadow Drive a the corner of Lot No. 89 as shown in the hereinafter mentioned plan of lots; thence along the line of said Lot No_ 89. north 34 degrees 40 minutes west. one hundred twenty- six and forty-nine hundredths (126.49) feet to a point at the cor- ner of Lot No. 88 in said plan of lots; thence along the line of said Lot No. 88, north 44 degrees 36 minutes west. sixty-six and fIfty- &..ree hundredths. (66.fi3) feet to a point; thence along other land now or formerly of Clyde O. Smyser and Esther Smyser. his wife. south 45 degrees 24 minutes west. eighty-five and eighty-six hundredths (85_86) feet to a point; thence along land formerly of Clyde O. Smyser and Esther Smyser. his wife. south 42 degrees 49 minutes east, seventy- eight (78) feet and south 34 degrees 40 minutes east. eighty-two (82) feet to a point on the north side of Meadow Drive. aforesaid; thence along the north side of Meadow Drive. north 67 degrees 20 minutes east. eighty-six and nine tenths (86.9) feet to a point a the corner of Lot No, 89 aforesaid, the place of BEGINNING_ BEING Lot No_ 90 in the plan of lots known as Plan No.2. West Creek HJlls. laid out by D.P_ Raffensperger for Clyde O. Smyser, said plan be- ing recorded in the office of the Recorded of Deeds in and for Cumberland County in Plan Book 18. page 65, and re-recorded in Plan Book 19. page 46. HAVING THEREON ERECIED A PROPERTY/PARCEL OF LAND REFERRED TO AS 649 MEADOW DRIVE, CAMP HILL. PENNSYLVA- NIA. BEING THE SAME PREMISES WHICH Dennis Th~y PhB.!ll ,and Que Nguyen by deed dated 8/31/ 93 and recorded 9/7/93 in Deed Book M-36. Page I 128 granted and conveyed unto James A Hubbard " and JpaIl, Hubbard. The said James , - A Hul1bal:d died, leavirig to survIVe Joan Hubbard. The said Joan Hub- bard died ~d title vests in the Es- tate of Joan Hubbard. Shawn D. Hubbard. :Admtnlstrator. TO BE: SOLD AS TIlE PROP- ERTY OF SHAWN D. HUBBARD. ADMINISTRATOR OF TIlE ESTATE OF JOAN HUBBARD ON CUMBER- LAND COUNTY JUDGMENT NO. -~c 2000 ;7539., I ' ;' ,'., ASSESSMENT: 09-18-1304-053_ ; '; ';"",',I~I'1"!'-:,' -I, .n....lr-' 0"1,' ,'I 'i ~r >'?--" 1__,,' .,.." I ~ '.! ",_I , ..L. " , " " ~~ i._"""'"""~" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, VlZ: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements ~s to time, place and character of publication are true. / -- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 NOTARIAL LOIS E. SNYDE~ PublIC CarlIsle 1lcIO. . "-~5 My Cu\I!lIls&M ElcpiI8S ......:115. 2005 , ~-- ~.--~ ~, " -> ,",","" '"'.' k"~' ,.'" ~" ',. "'--' . --- ", .O~' '. ~ ",' . ,., '.~~"" ^ -' T,.-" COLUMBIA NATIONAL INCORPORATED TRUSTEE FOR THE PENNSLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. NO. 00-7539 SHAWN D. HUBBARD, ADMINISTRATOR OF THE ESTATE OF JOAN HUBBARD DEFENDANT CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Kindly satisfy the judgment on the above matter of record. By: p~ & HALLER Leon P. aller Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front street Harrisburg, PA 17102 (717) 234-4178 DATE: October 14, 2002 , " '~k' :":run ,._iWJ;~,l --'';' -....:~iIb~ 't:.i!li,tl . ,..", ~,' ,~ ," . . .'~ ';"", ^ .t} o 0- lOA #-7[ ~ ~:J ~ r t ~ - u.. R V) "".J d',. ,^ ~'. <<" ,--<,', ~',' " -"" o c ~[ Le'-' (I) }~ [~i:'~ 7'('" )~ ~~~: ",,/ -=J -- . ~" "1 C:' ,'0 (:) (,"") '-=l f"") 4"1 0''' :::;:, () 'c3~5 ::v -< . . --;';' :::> 1':') ~: