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HomeMy WebLinkAbout01-05358~~, w r FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. SUSAN M. HOETGER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5358 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~~ D ~ 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: Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 ~~ By !/ PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ` .IOI-IN W. PURCELL 1-TOWARD B. KRUG LEON P. HALLER .TORN W. PURCELL .IR. BRIAN J. TYLER TILL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533.3836 NOTICE TO: Susan M. Hoetger 414 North Pitt Street Carlisle. PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD 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. 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 you hold against the said real estate will be divested by the sale and that y ''have an opportunity to protect your interest, if any, b notified of said Sheriff's Sale. By: Leon P. Haller P I.D.15700 Attorney for Plaintiff .. _ .„. • A FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF CIVIL ACTION - LAW VS. N0. 2001 5358 SUSAN M. HOETGER, DEFENDANT 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: 414 NORTH PITT STREET CARLISLE 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. 2001 5358 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: SUSAN M. HOETGER 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. 8 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 Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This .. ,.:.. _ esn.4 t' 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 .. y ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or formerly of George Link; on the East by 60-feet wide North Pitt Street; on the South by lands formerly of Guy Boyd and later Velva S. Lamason and now or formerly of Norman Chronister; and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front along the western line of 60- feetwide North Pitt Street and extends westwardly therefrom at an even width a distance of 160 feet, more or less, to the alley aforesaid, and has thereon erected a 2 1/2 story frame dwelling house and other improvements. BEING known as 414 North Pitt Street, Carlisle, Pennsylvania, 17013. BEING THE SAME PREMISES WHICH Dennis L. Husler and Consolation Husler by deed dated 10/27/97 and recorded in Cumberland County Deed book 166 L'age 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLD AS 'PHE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2001 5358. PARCEL: 06-02-1798-267 ... CUMBERLAND SALES 3/6/02 PHFA VS. HOETGER 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: Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 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 _ ~s ~. r:~` '.. . ___fll~~~.cos~e i-1 .!-~.v ~ c°az oa55sa5 ~~: { J ~~ 31:J rg ~~ _c.' ' G~ ,.. T, ,. -n Y ~ ~ ` ~:' ?7 '.,J ...~ t~ -< ~~ a FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF CIVIL ACTION - LAW VS. NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT 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 Defendants SUSAN M. HOETGER for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance $64,406.75 Interest $ 4,635.50 (Per diem of $12.70 from 10/1/00 to 10/1/O1) Accumulated late charges $ 160.92 Late charges $ 214.55 ($17.88 per month to 10/O1) Escrow Deficit $ 886.20 5% Attorney's Commission S 3,220.34 TOTAL $73,524.26** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs 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 \M KFlDOCS\CUMBERLA\HOEP c-; ~,; c ~ --- __ ~ % r' _... - n: ;ce. - n. ~~'.. > C: " _ _ ~. ~._ nu --: i ~-j "~ ate ' .-, , _ .. .__ FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF CIVIL ACTION - LAW VS. NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on NOVEMBER 29, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By ~~ Leon P. Haller 'PA I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 V ~ _~ yY y...~. 'f, J _i f.~.: _~~L~la{ __ [:,- tE.i :Lim _- J r FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. SUSAN M.HOETGER Defendant DATE OF THIS NOTICE: November 29, 2001 TO: SUSAN M.HOETGER 414 NORTH PITT STREET CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5358 CIVIL TERM CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 PURCELL, KRUG & HALLER By `~„ L . HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717)234-4178 •-,. " B^a `~~&F-k.:~i _, v:a»vno-.5~a4tf~+uxia~ § a ~~~ a ~~ ~ ~:i_ ~ r_y ~ -~ ~ L ~ ~ <? J ~ ~y ~ W CA x 1f i^' t'/ i L ~I(J ~ ` __. _ h 7~ -~,: 1 FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. SUSAN M. HOETGER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5358 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on ~Q,,,,,,,/,~~ /.2. 07~~ the following judgment has been entered against you in the above- captioned matter: $73,524.26 and for the sale and foreclosure of your property located at: 414 North Pitt Street, Carlisle, PA 17013 Dated: RJCe,tau..~iil_ )a c2(rpi/ PROTHONO A~- 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: Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 K'\MKF\DOCS\CUMBERLNW OE.N ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r. .~ ,. CIVIL DIVISION - LAW AT NO. 2001 5358 FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS SUSAN M. HOETGER, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT Interest at $1 to sale date Late charges a to sale date Escrow Deficit TOTAL $73,524.26 / .70 per diem $ 1,968.50 $17.88 per month $ 71.52 $ 2,000.00 $77,564.28* *SALE DATE: WEDS.,MARCH 6, 2002 (PROTHONOTARY'S 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 Date: December 10, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 in the above captioned case. Leon P. aller PA I.D. #15700 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 414 NORTH PITT STREET, CARLISLE, PENNSYLVANIA. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY USE) K:\M KF\DOCS\CUM BERLA\HOE. W ~3An m r ~~...~ ~.~ r:. ~u a ~ .~ ,.r_~,.~ ~) Ztt '_, "] Gam' - €'.., `~~- f'., '.. J ~.f [ y, ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or formerly of George Link; on the East by 60-feet wide North Pitt Street; on the South by lands formerly of Guy Boyd and later Velva S. Lamason and now or formerly of Norman Chronister; and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front along the western line of 60- feetwide North Pitt Street and extends westwardly therefrom at an even width a distance of 160 feet, more or less, to the alley aforesaid, and has thereon erected a 2 1/2 story frame dwelling house and other improvements. BEING known as 414 North Pitt Street, Carlisle, Pennsylvania, 17013. BEING THE SAME PREMISES WHICH Dennis L. Huller and Consolacion Huller by deed dated 10/27/97 and recorded in Cumberland County Deed book 166 Page 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLID AS THE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2001 5358. PARCEL: 06-02-1798-267 ~mo-_ '~te[+~a xexex»a,:~m aav.~sze,~-~~t nr~~....~c~w, v~., ~.i.~s a~~~z~o~ - ', ~~ ~ {`) E"° _ ~ ~i ~ { ry ~~ a ( ~q ~ \ b op _ _ ~ ( ~`~= Cam; -__ o ~-r-, - - r r ~~~/-) (`~'/` .z ~~ . FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF CIVIL ACTION - LAW VS. NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT 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 414 NORTH PITT STREET, CARLISLE, PENNSYVLANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (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 relating~t~ unsworn falsification to authorities. /L~ `" Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 10, 2001 •~ ~-, c-, c_ .._. e _~ `' m =~~~- ._ - u5 r„ ~_ -, -, y l: -, `" .li { .+ 't FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. SUSAN M. HOETGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5358 DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: 'Chat 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: 414 NORTH PITT STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: N0. 2001 5358 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property i. s SUSAN M. HOETGER 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 Erom 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. 8 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. "1.. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This ~. petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 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 tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of tda E. Gelsinger and now or formerly of George Link; on the East by 60-feet wide North Pitt Street; on the South by lands formerly of Guy Boyd and later Velva S. Lamason and now or formerly of Norman Chronister; and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front along the western line of 60- feetwide North Pitt Street and extends westwardly therefrom at an even width a distance of 160 feet, more or less, to the allay aforesaid, and has thereon erected a 2 1/2 story frame dwelling house and other improvements. BEING known as 414 North Pitt Street, Carlisle; Pennsylvania, 17013. BEING THE SAME PREMISES WHICH Dennis L. Hasler and Consolacion Hasler by deed dated 10/27/97 and recorded in Cumberland County Deed book 166 Page 931 granted and conveyed unto Swan M. Hoetger. TO BE SOLD AS THE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT N0. 2001 5358. PARCEL: 06-02-1798-267 _____... ,~8~ffiYF`3uw~YH3.42n,i a2 ..tf^~:4rAC tF`J .S.s.et ~tvAe'Eh.vYt ~:Yx+}ae1:~6<~~ New ~ •.• •"'•e~ru'-@an...c,_~~ - . -" rj ~, ~ l ; llil'i-; - ~ ~' 7 i ^~ h•,. i ~~: ~ C . _ C ' a . , :- C_ ~~J , 2: __ -~! -,_ ~ -~ ~ `! . ~r~~v- W CASE NO: 2001-05358 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS HOETGER SUSAN M KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOETGER SUSAN M the DEFENDANT at 1515:00 HOURS, on the 19th day of September, 2001 at 414 NORTH PITT STREET SLE, PA 17013 SUSAN M. HOETGER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: So Answers: Docketing Service 18.00 3.25 ~ .~'!-% ~~°a Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.25 09/20/2001 PURCELL KRUG & HALLER Sworn and Subscribed to before By: me this .78 ~ day of ~Qt~„~~-- oZyo J A. D . Prot~not~~a y~ "...=~ .. W ._ .. ~t..,: =~ r FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. SUSAN M. HOETGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE o ~ - s3sd~ ~U ~ (, ~7-~-L TffiS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WH.L 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 $'iling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further.notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADQ, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIIt CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS Il~IPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IIvIMEDIATEAMENTE. SI NO CONOCE A UN ABOGADQ LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ,1.~~~ ~*®~v F~® ~~'~~~~ In Tosticno~a~ wholoot, ~ hs$Ia onto set my hand and the s at~sa+~d ®o at Catlisie, Pa. "this- ~ , othonotary FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENN5YLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. SUSAN M. HOETGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF 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 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 :~ FIl2ST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. SUSAN M.HOETGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, SUSAN M. HOETGER, is an adult individual, whose last known address is 414 NORTH PITT STREET, CARLISLE, PENNSYLVANIA 17013 3. On or about, October 27, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $66,500.00 payable to MAIN LINE BANK DB/A MAIN LINE FINANCIAL, 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, Defendant 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 1413, Page 116 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MELLON BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 560, Page 879. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Book 619, Page 46. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. ~....g~. ~,,. M~. _ , 5. The land subject to the Mortgage is: 414 NORTH PITT STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the instalhnent due on November Ol, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $12.70 per day From 10/01/2000 To 10/01/2001 (based on contract rate of 7.100%) Accumulated Late Charges Late Charges $17.88 From 11/01/2000 to 10/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $64,406.75 $4,635.50 $160.92 $214.55 $886.20 $3,220.34 $73,524.26 **Together with interest at the per diem rate noted above after October O1, 2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above aze 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 aze actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intenfion to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. ~.. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together.with interest at the rate of 7.100% ($12.70 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffls the property within described. KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) foreclosure and sale of ~o~ ~.' r ~~. ~~~ VA FIXED RATE NOTE 99116 10.6-0517292 NOTICE: THIS LOAN IS NOT ASSUMABLE WITgOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, Rosemom, Pewsylvwia Dale October 27th, 1997 " Property Address 414 NORTH PITT STREET CARLISLE PA 17013 1. BORROWER'S PROMISE TO PAY in remm for a loan mat I have received, I promise m pay U.3. S 66500.00 SIXTY SOL THOUSAND FIVE HUNDRED Dollars and 00/100 cents (mis amount is celled "principal"), plus ink[est, m me ordm of me Lendv. The Lwder h Maio Line Hack dba Mdo Lice Flomciat a cotpomtioa arganiud and existing order dre laws of Pewsylvwh I wdeuknd mat me Lender may uansfrr mis Nok. The I.endm or anyone who lakes mis Nok by transfer and who u wdtled m receive payments order mis Nde u called the •Nok Homv." 2. DTfERHST ', Interest will be rlmrged w unpaid principal wdl me foil amowt of me principal has been paid, I will pay intereu at a yearly mk of SEVEN AND ONE-ONE HUNDREDTHS 96 h 7.100 g The Interest rafr requ'ocd by mis Sediw 2 is me nk I will pay bom before and after wy defult descdbed in Section 6(H) of mu Note. ~ 3. PAYMENTS ', (A) Thre wd Place oP Paymems - , I will pay principal and mkrest by making paymens every omnm. I will make my monmiy paymenu on me fast day of each mwm beginning on December Isis 1997 i wig . make mere paymenu every mwm umB lhave paid all of me principal anti inkreu and wy omer clurges descn7xd blow dot Imey owe uMer mis Nok, My monmiy paymenu wgl be applied m inkres[ befrre principal. If, on Novembtt Isl, 2027 1 silt owe amowu under mis Nok, I will pay mole amoums m frg on mat dak, which is called me'mamrhy date'. I will nkke my monmiy paymenu et 1032 E. Lwcuter Avwue, Rosemwt, PA 19010 m u a diRerem place if required by me Nok Holder. B) Amowt of Mwmy Peyrrknu My monmiy of payoumt wDl be U.S.S 446,90 FOUR HUNDRED FORTY SIX Dollars and 90/100 rents ~" 4. BORROWER'S RIGHT TO PBEPAY I have me tight m make paymwu of principal et any tinie before may are due. A payment of principal only is known u a "prepaymwt". When I make a prepaymwt, I will WI me Nok Holder in wdting met I am doing so. , I may make a full prepaymem or paniW prepaymema wi[ham paying wY Prepayment charge. The Noce Haider wgl use all of my prepaymwu m reduce me amour[ of principal mac 1 oae order mis Nok, R 1 make a pudai prepayment, mere wDl be no changes in me due ~, dak or in me amount of my monmiy paymw[ uNess me Nme Holder agrees in writing m those cMngm. 5. LOAN CIiARGHS if a kw, which applies m tltie loan and whkh ads meximtw loan charges, k finelly inkryrekd eo Umt the inkreat or omcr tern charges relleckd or m be regeckd in wmecdon wild mh law excced me petmided limiu, mw: B airy such low charge shell be reduced by mt amount necessary m retluce me charge m me perOddeA limit; and Cu) auy sums already wRedM itom me wfikh exceeded permided IhnOa w01 be refwded m me. The Nok Holder may choox m nuke mis refund by reducing me principal I owe under mis Nok or by making a direct paYmwt m me. D e re(wd redwes pdnapel, me reducdw wN 6e treated as a partial prepeymenL ' 6. BORROWER'S FAILURE TO PAY AS REQURtED (A) I.afr Charge for Overdue paymenu s' H me Nok Holders has oo[ received me PoII emomt of wy monmy peymw[ by me cod of me fiRew (15) calendar days after me dak it u due, I will pay a lace charge m the Note Holder. The amount of me charge will be four percent (4%) of my overdue manmly usuiimwt, which included principal, kueresl, axes, wd iowrance: I will pay mis lace charge pmmpdy by oNy once on each lace paymwt. B) Degadt HI do wt pay me toll amoum aFeaeh manmly paynkm on me dak k is due, I wgl be in dofauR (C) Notice of Default - - ~ ' If I am in default, the Note Holder may aeM me a wrinw notice Wling me mat V I do mt pay me overdue amoum by a attain dak, me Nok Holdm may require me m pay inwediekly me full arwum of principal which beer nm hew paid wd erg dk inkreu Nat [ owe w met amoum. That due man be at least 30 days ceder me dak w whidr me notice h delivered m meged m me. (D) No Waiver by Nok Holder Evw if, et a time wfiw 1 am in default, me Nok Holder does nm require me m pay immediately in mil as described above, me Nok Holder " will still Gave me rigfit m do eo HI am in default at a lacer tme. ' Bj Peymwt of Nok Holder's Costa end Expeosn U Ne Nok Homer beer required me m pry immediately m fall as demnbed above, me Nok Holder wrL have me right m be paid back by me for ail of iu costs wd expenses in enforcing this Nok m the extern rm[ prohmhed by applicable Ww. Those expenses included, for example, reasonable atmmey's free. '. VA MULTLSTATE FIRED RATE NOTE Page l of ~ Xh~(,a~ f. a. /~l 3 /// J ry ua:afl _ ..~ v -~:., ;~. . . k 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given m me under Wu Note will be given 6y delivering it or 6y mailing it by first class mail m me at We Property Address above or a[ a diRerent adtlress rF I give the Note Holder a noire of my different atldreas. Any nodre [hat must 6e given m the Nate Holder uMer this Noce will be given by maRing k by fast class mail to the Nme Haider at the address sorted in Section 3(A) above or a[ a different address if I am given a notice of that dilfereor address, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE H more Wen one person signs Wu Nme, each person u fully and personally obligamd m keep aR of the promises rmde io Wu Note, including We promise m pay We full amaum owed. Any person who u a guarantor, surety or aadoraer of Wu Nom is also obligated m do Were Wings. Arty person who [ekes over Wese obiigatiom, inclMing We obligations of a guaranor, aurgy or eodoner of Wu Noce, is alto obligated to keep ail of the promises made in Wu Nom. The Note Holder may enforce its rights under Wu Note against each person individua8y or against all of us mgetlrer. Thu means Wet any one of you may me required m pay all of the atnmm[s owed smiler Wis Nom. 9. WAIVERS I and any other person who has obligations uMer Wu Nom waive We rights m preseohams and notice of dishonor. •Presenttnmt' means the right m require We Nom Holdm m demand payment of amounts due, 'Notice of dishmmr• mms the right m require We Note Holder m give notice m other penance Wat amounts due have not been paid. 10. UNIFORM SECURED NOTE This Nom is a uniform instrument with limited variations in some ryrisdictiooa. 1n ad~ioo m We procectiona given m We Nme Holder under Wu Noce, a Mortgage, Deed of Trust or Recurity Deed (We 'Security Lutrumem'), a.ma We awe dam as Wu Noce, protects We Nom Holder from possible looses which might result if I do nor keep We promius which I make m Wm Noe, That Security Lutrumem deamWes how antl under what wMitions I may be requirM m make immMiate payment m full of all arrtmmce I sswe under Wu Nom. Some of those rnMitions are deunbM as follows: RegWatioos (38 C.F.A., Patt 3~ isauM uMer We Department of Vscenm Allah ('V.A,7 s3uaranroed Loan Authority (36 U.S.C. Chapter 37) and in effect rn We dam of We loan cloamg shall gavmo We rights, dutha and IiabBides otWe parties m Wu loan aM arry proviaioos of Wu Nam which are hsrnmiscent wild such regulations are hereby wrnded and auppletomaed m Conform Werem. WITNF6S TH6 HAND(S) and SEAL(h) OF THE UNDERSIGNED SUSAN M. HOET )ENTURE OF i FINANCE 1, 1862. VA MULTISTATE FLYED RATE NOTE PAGE 2 OF 2 :~,~~_ ~. ?>iS+la THAT CERTAIN luc pQ grottad with the improvements thereon a~reLZed• situate in the Fifth rr;azd of the Sozough of Carlisle, Cumberland County, P~snnsylvania, bounded aad described as fo>lowa, to wits Ch thG North by lands formerly of ids E. GelainggT end now or fort:eYly of f3eorge Link; on the £ast by 60 feet wide North Pitt ~arre.st; on the south by lands formerly of Guy Hoyd and later "al'•'= ~ • Lamasoa and notr or formerly Of Noa~aan Chroniste=; and on tr:? W®st by an all@y. 3'~iE agoVE described tract pf land Contains 26 feet is front along tha Stsstern line of Go-feet wide North Pitt Streot and extends westwardly therefrom at 2:1 even width a distance of 160 feet. more or leas, to the alley sroresaid, aad has thereoa erected a 2 i/2 story £xame dwelling house sad oth®s icnpzovements known as sad lzwaber®d 414 North Pitt street. cis P n G n :_ .. ~ -, o "'' -- 3 cc:~; C~ ~r"r y R: _t ~ ~ D ~,:~e.,. P.'VY M . .._. l~• Y.r~. N /w. . ! "~ _v .. f :.~.. LI!\~. r°,~ l ~. ,,... State of Pennsylvania ~. " °~~, Mw County of Cumberland) 86 i'`-`e S'~ ;~'' Recerdad in the of'ice fnr the recordin2f•of "Deeds . . c:ct. in,a .d for Cumberland County, Pa. .r Book~~-Vo!. - Page,~y --e,; my ^and and ea! of affice of C hob-~- ~~ g" -- p~,.,.r:+;.r ~,. . , VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification,-and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge; information and belief. The undersigned understands that this statement is made subject to the penalties of ] 8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Donald J. Plunkett Assistant Executive Director for Single Family Programs ~nrss~.eanma xzsm~ F~~ ~. Pars ~ ~ usrnr r~~L ~rtc Ps s~ ~ xR Date:~~' ~~ poi ,,...;..,~5~sa~~ss+Y:~sv.:~a~~ ink` urw.z~c.:... ,.. .x .._ c .-::,~ ,~ _ 5 .,.rx . '~ ~"' ~~ ~~ ~~ 1 ,p~ ,t(t, ri r,, ~ x;~.~, ... ~ S ~ ~~ d3 djl y7; ; ~~il~ -~~1.~(1 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. SUSAN M. HOETGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COiJN"I'Y, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE O l - 53s'~ ~~~ ~ ~ ~~~->-~ TffiS 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 aze served, by entering a written appeazance 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 tl{e.. case may proceed without you and a judgment maybe 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO 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 AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O 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 IJARTICB'ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIQ DECIDIR A FAVOR DEL DEMANDANTE Y R'EQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA I7~CISION, ES POSSIBLE QUE USTED PUEDA PERDER DIlVERO, 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 p~, ABOGADOS), (215) 235-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ~r.;. FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. SUSAN M. HOETGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF 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 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 Hamsburg, PA 17102 (717)234-4178 Attorney I.D.# 15700 Attorney for Plaintiff FIRST UNION NATIONAL BANK AS TRUSTEE F',OR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. SUSAN M. HOETGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ter- S3~~ ~~U~~`,l„ COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. .5 2. Defendant, SUSAN M. HOETGER, is an adult individual, whose last known address is 414 NORTH PITT STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, October 27, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $66,500.00 payable to MAIN LINE BANK DB/A MAIN LINE FINANCIAL, 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, Defendant 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 1413, Page 116 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MELLON BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 560, Page 879. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Book 619, Page 46. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 414 NORTH PITT STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November Ol, 2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $12.70 per day From 10/01/2000 To 10101/2001 (based on contract rate of 7.100%) Accumulated Late Charges Late Charges $17.88 From 11/01/2000 to 10/01/2001 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $64,406.75 $4,635.50 $160.92 $214.55 $886.20 $3,220.34 $73,524.26 **Together with interest at the per diem rate noted above after October Ol, 2001 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 judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time lirnitations 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 7.100% ($12.70 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffls S for foreclosure and sale of the property within described. By: P E , KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) a VA FIXED RATE NOTE ~~9 99116 // 10.6-0517292 NOTICE: THIS LOAN IS NOT ASSUMABLE WITIiOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. October 27th, 1997 414 NORTH PITT STREET CARLISLE PA 17013 1. BORROWER'S PROMLSE TO PAY In remm for a loan Nat I have received, I prondse m pay U.S. $ 66500.00 SIXTY SIX THOUSAND FIVE HUNDRED Dolmrs and 00/100 cwm (Nis amouo[ is called "principal"), plus interest, m Ne order of Ne Lender. The bender is Mein IJne Book dba Maio Lme htinancial a ' corporation organized aM exisdng under Ne laws of Pennrylvani¢ I mdersmnd that Ne Lender may transfer Nis Noce. The Lender or anyone - who rakes Nu Noce by bansfir and who is en[hled m receive payments under Nh Nom u called Ne'Noce Holder.^ 2. INTEREST Interest will be charged on unpaid priocsr'ppal undl Ne full amount of Ne principal has ban paid. I wOt pay inmrest at a yearly race of SEVEN AND ONE-ONE HUNDREDTHS % 7.100 q, " The mcereaz ram required by Nu Section 2 is Ne ram I will pay boN before and after any defiul[ described to SuOon 6(B) of dds Nom. ' 3. PAYMENTS " (A) Time and Place oP Peymwm I will pay principal and imereat by making paymenm eery monN. - I w0I make my mooNly peymenn an Ne lust day of each monN beginning an Decwbu 1st, 1997 [ w01 make Ness payments every mongr until I have paid all of the principal and incerut and soy oNu chuges descdhed below Nat I may owe under Nis Nom. My momldy payments will be applied m incerest before principal. If, on November tat, 2027 I " still owe amounts under Nh Nom, I will pay Nose amouon in fiN on Naz dam, which is wiled Ote ^mamrity dat4". I will make my monNly payments al 1022 E. Lencestu Avenue, Rosemont, PA 19010 or at a different place. if required by Ne Nom Holder. (B) Amount of Monthly Paytrrenm ' My monNly of payment wi0 be U.S.E 446.90 FOUR HUNDRED FORTY SIX Dollars and 90/100 renm ' 4. BORROK'ER'S RIGHT TO PBEPAY 1 have Ne right m make paymems of principal at any time before Ney are due. A payment of principal only is known as a "prepayment'. __ When I make a prepayment. I will cell Ne Noce Holder in writing Nat I am doing so. I may make a full prepayment or pattial prepayments without paying any prepaymem charge. The Nom Holder will use all of my prepaymems m reduce Ne amount of principal Nat I owe under Nis Nom. D [ make a partial prepaymem, Nere will he no changes in Ne due dam or in Ne amount of my monNly payment mleas Ne Nom Holder agrees in writing m Noae rlmngu. _ " E. LOAN CHARGES If a law, which applies m Nis loan and which seu maximum tom chazges, is furally incerpreted so Nat Ne inmrest or older loan charges II ced be I Rosemont, Pemtaylvania Date - ProperTy Address co u m m co Iceted m connecuon wtN Nn loan exceW Ne permrned limns, Nen. C) any such loan chazge shall be reducetl by Ne amount necessary m reduce Ne charge m Ne permitted limit; and (h) my sums ahwdy collected from me which exceeded permitted limnn will be refunded tc me. The Nom Holder may Choose m make Nis refund by reducing Ne prhrrlpat I owe undo Nis Noce or by making a direct payment m me. H a retmd reduces principal, Ne reduction will be treaced as a partial prepaymem. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Ovudue Peymwm ?' ff the Nam Holders has not received Ne full amouo[ of any manrhty payment by Ne end of the fifteen (lU wmndar days after Ne date it u due, I will pay a lam charge m Ne Noce Holder The amount of Ne charge will be four percent (4%) of my overdue monNly insmllmen[, which included principal, interest, coxes, and insurance. I will pay Nis lam charge promptly by oNy once on each lam payment. (B)DePeuR If I do not pay Ne full amoum ofeach monNty payment on Ne dam it b due, I w0I be m defiuh. (L9 Notice of DefeWt If I am in default, Ne Note Holder may send me a wri0en notice ceiling me Nat if I do not pay Ne overdue amount by a certain dam, Ne Nom Holder may require me m pay ®med'mmty Ne fi0 amoum of principal which hoe not been paid and all Ne interest drat I owe on Nat amouo[. That dam must be at Ieaat 30 days after Ne dam oo which Ne entice a delivered or mailed m me. (D) No Wefvu by Nom Holdu Even if, at a time when I am in default. Ne Nom Holder does not require me m pay immediaceiy in full as du<nbed shove, Ne Nom Holdu will still have the right m da so V I w in defult a[ a lamr time. (E) Payment oP Nom Holder's Cosm and Ezpemes If the Nam Holder has requ'ved me m pay 'vnmediamly in mil as described above, Ne Note Holder will have Ure right m be paid back by me for all of in costs and expenses in enmrcing Nis Nom m Ne eztem not prohibice4 by applicable law. Those expenses included, Nr example, rwsomble aaorney's fees. VA MULTISTATE FIRED RATE NOTE Page 1 of /~ 1 /! Xh~b f 2 f/ ,.: 7. GIVING OF NOTICES Unless applipble law requires a different method, any natim Wat mart be glued to me under W¢ Note will be given by delivering it or by mailing h by first dazs nail m me m We Property Address above or a[ a different addreu iF I give We Note Holtler a notice aF my diffuent addreu. ' Any notice that must he given to We Na[e Holder under Wis Note wi0 6e given 6y mad'mg ¢ 6y fits[ clazs mail to We Nme Holder a[ the address stand in Section 3(A) above or at a differen[ address if I am given a notice of that diRuem address. 8. 013LIGATIONS OF PERSONS iA'D71[ THIS NOTE If mme dun one person signs Wis Note, each person is fully antl personally obligated m keep ail aE the promises made in Wis Note, ' inGuding We promise m pay We fu8 ameun[ owed. Atry person who is a guamom[, surety of endorser of W¢ Note is also obligated to do Wyse' Wings. Aoy person whe take over Wese obligations, includ'mg We obligations of a gusranror, su¢ry or endotxr of W@ Nok, is also oblgated ~~ to keep all of the ptom¢es made in Wis Nam. The Note Holder may enforce its rights order Wa Noe against each permo individua0y or against all of us mgether. This means [fiat aay one of you may me required to pay a0 of We amouns owed ender Wis Noce. ' 9. WAIVERS I and any omec person who has obligations uoder Wis Note waive We rights to ptesentrarmt and nodce of dishonor. 'PresermtmnC mans We right m require We Note Holder to demand payment of amounts due. 'Notice of dishonor` means We right to require We Note Holder m give ' nodce m other persons Wat amounts due have not been paid. 10. UNIFORM SECURID NOTE This Note ¢ a uniform instrument wiW limited variations in more jm&dicliens. In addidon m We protections given to We Note Holder under Wis Nom, a Mortgage, Deed of Trus[ or Security Daed (rhe 'Security InstrumenP), da¢d We same dare as Wis Note, prorems the Nore ~'~~;' ' Holder from possible losses which might rcaWt if 7 do not keep We promises which I make m Wis Note. The[ Security hrstnunent descnbu how and antler whaz contlidons I may be tegaired m make immed'ute payment m fWl of all amowts I owe uoder W$ Note. Some of thou condirions sre descnbed az follows: "c Regulations (38 C.F.R., Part 3~ issued under We Depar[men[ of Vemtans Atfi'v ('VA`j Guaranteed T.oan AuWority (38 U.S.C. Chaptu 37) and in effect on We date of the loan dosing shall govern the rights, dada aM IiabiGdes olWe parties to W¢ lean and any provisions of ' .z; Wa Note which are inconsistent with such regulations are hereby amended and suppl®ented m eonfocm Wereto. WlTNLrSS TFi$ HANDS] and SEAL(S) OF THE UNDERSIGNID ~, SUSAN M. HOE' VA MULT)STATE FLED RATE NOTE PAG£ ] OF2 :e Y ~S.S, THAT CERTAIN ]:ot oP ground with the improvements thereon ~raLZed~situate in the Fifth U7azd of the eozough of Carlisle, Ct:suberland County, Pennsylvania, bound®d and described as folloms, to wits Ga the North by lands fozmerly of ida E. Gelainger and now or formerly of Qeorge Link; on the Nast by 60 feet wade North Pitt Si;tc3t; on the south by aand9 formeYly of Guy aayd and cater t-'~?~". ~. Lamason and aoty or fozmarly of Nozwc~n Chxonistez; and on tLa iJ'e9t by an alley. ~~i ASOVN tiesaribed tract of lend containr~ 2a rase in front- along tha s~tastern Iir~e of 6o-fe®t wide North Pitt 9trerat and extends 'arestwardly therefrom at a:i even width a distance of 15o feet, more or less, to the alley aforesaid, and has thereoa erected a 2 ilk story £xame dwelling house aad oth®s 1IInprovements known as aad numbered 414 >adozth Pitt stzs3et. ca o _ n c ~' ~ .. v ~ ~~ c ~.~ ~' :~ p C. C: ~ ~ 4 ,Tl r -i R' ;' .! ~. ..~ ~ (!1 D o-M ...rc.v .., f M~ ~ . v4y.. ~. -~',t ..p r -.~ .~ ? j i{;f ~ ,~. Y ~ F~~ ', ~ ~ R ~ , ~ ~ J 4 '~ ~;~ State of Pennsylvania 1 ~,~ ,y ' i e ~ County of Cumberland 86 fs``•':"~ ~' Pecerded in the affica for the recordin2~Of lids,. ac: in,a .d for Cumberland County, i a. 8aok~°._ Vo!. ^- ?age ~~ , ^8S5 TV^.and and gejl, !;f piflC° Of hibifi "~,,r' ~~~ -,~ VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Donald J. Plunkett Assistant Executive Director for Single Family Programs ~ssQ.va~ r~s~ F.~ rte, ~cs~ r~vr ~ ~nsr u~r ~TTCr~ B~ Ps a ~ xYz ~ ~rrb~v~ xzsu~~ ~ Dater' ~~ poi t :~ ~. 'v~^j ' l ,^ f^u~_ I O c T C, t"" ~. c`n :'- ~,= <-. ~,~_ J '^~ ~:~ [nl ~il tV ~~ ~% ] ~-~. i'l~F }f\' ~~~n `..'7 'G J r_. STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND J ss. Robert P Ziegler h -------------`----------- 6th Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________ Veterans Affairs Secretary ------------'-_-_'_------------------------------------___-----------_-- is the vrantee the same having been sold to said grantee on the March execution Dece(~ber day of -------------- civil __--- Term, 39:7001-- Number ___5358- ,at the suitof_First Union Natl-Bk, Tr for Pa Housing_Fin_A~ency_ Susan M Hoetger -----------------------------------against----------------------- duly recorded in Sheriff's Deed Book No. __250______, Page __ 4725 of _ Recorder of day of _______ A. D.,~f'I_ ~~~?__, under and by virtue of a writ______________ ---------------issued on the----- 12th----------------------- x2001 A. D., ~ _____y out of the Court of Cowman Pleas of said County as of is IN TESTIMONY WHEREOF, I77ha~vje hereunto set my hand and seal of said office this S~ 1_ ~_ day :~~, i First Union National Bank, Trustee for In The Court of Common Pleas of Pennsylvania Housing Finance Agency Cumberland County, Pennsylvania VS Susan M. Hoetger ~a.6/- 535 ~~T~~ Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2001 at 8:49 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: Susan M. Hoetger, by making known unto Susan Hoetger personally, at 414 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 4:22 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster-and Description, in the above entitled action, upon the property of Susan M. Hoetger located at 414 North Pitt Street, Carlisle, 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 defendants to wit: Susan M. Hoetger, by regular mail to her last known address of 414 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriffls Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice 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 of $1.00 to Attorney Leon P. Haller for The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns. It being highest bid and best price received for the same The Secretary of Veterans Affairs of Washington, D.C, his successors and/or assigns of Wissahickon Avenue and Manheim Street, P.O. Box 8079, Philadelphia, PA 19101, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $712.40, it being costs. Sheriff s Costs Docketing 30.00 Poundage 13.97 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Aucfioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.50 Certified Mail Levy Surchazge Law journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 1.63 15.00 20.00 265.40 212.70 24.20 25.00 26.50 $712.40 paid 3/18/02 Sworn and subscribed to before me This~dayof__Q~' 2002, A.D. /~ ~j~ ProthonotCA' a~'-pG,. _y~s: T°" R. Thomas.Kline, Sheriff B~~s, Real Estate Deputy ~,~`' ~ ~,va 6 eae. 3~5~1 ~. i~ 3 ~ro ~ FIRST UNION NATIONAL BANK, IN THE COURT OF COMMON PLEAS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF CIVIL ACTION - LAW VS. , NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT 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 414' NORTH PITT STREET, CARLISLE, PENNSYVLANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real-property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN H. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (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 relating t unsworn falsification to authorities. ~,- ..~-/~ ,--~ l Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 10, 2001 FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. SUSAN M. HOETGER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 5358 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be 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: 414 NORTH-PITT STREET CARLISLE 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. 2001 5358 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property SUSAN M. HOETGER ~~ ~e,~ 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 Cou"rt 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. 8 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 clefense 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 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 oUtained from the Court Administrator's Office - Civil Division, of the~n~ithin 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 tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or formerly of George Link; on the East by 60-feet wide North Pitt Street; on the South by lands formerly of Guy Boyd. and later Velva S. Lamason and now or formerly of Norman Chronister; and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front alorig the western line of 60- feetwide North Pitt Street and extends westwardly therefrom at an even width a distance of 160 feet, more orless, to the alley aforesaid, and has thereon erected a 2 112 story frame dwelling house and other improvements. BEING known as 414 North Pitt Street, Carlisle; Pennsylvania, 17013. BEING THE SAME PREMISES WHICH Dennis L. Husler and Consolation Husler by deed dated 10/27/97 and recorded in Cumberland County Lieed book 166 Page 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLD AS THE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2001.5358. PARCEL: 06-02-1798-267 WRlT OF EXECUTION and/or ATTACHMENT 1 COMMONWEALTH OF PENNSYLVANIA) NO. m-5358 CIVIL Tezm COUNTY OF CUMBERLAPJD) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due COUNTY: Union National Bank trustee for Pennsylvania Housing Finance Agency PLAINTIFF(S) from Susan M. Hoetger: 414 North Pitt Street, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant(s) and to ** See attached legal description DEFENDANT(S) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; ~(3) If property of thedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directedto notify him/herthat he/she has been added as agarnishee and is enjoined as above stated. Amount Due $73,524.26 at $12.70 per diem to,3-6-02 ' Interest ~,,~gfig ~n Atty's Comm Atty Paid Plaintiff Paid Date: December 12, 2001 REQUESTING PARTY: Name Leon P. Haller, Esquire Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: (717) 234-4178 Supreme Court ID No. 15700 L.L. Due Prothy Other Costs Late charges at $17.88 per month to aal a ~3atP $11.52 Escrow Deficit $2,000.00 Curtis R. Long, Prothon ary, Civil Division ~` by Y ~ W1 ` eput -In~Ar~?b~^~an"s$Zad 3+s~'kR3aGa~~S> 6A ~... d~_, r .. + .._ ~z n_m3~1MiL4~~tl~~iiFC~nueuli43-'~YttfH2ls~hkASn`~zm~uwn~e - - `°"~iro.'.~°°i+ ~1~8 F~ ~ ~ .. ' . REAL ESTATE SAFE No. ~a On December 13, 2001, the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, lrnown and numbered as 414 North Pitt Street, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: ~z~vu,~. eal Estate Deputy ~l c~ "~ dlNV'A`~1.SNNN~3d I Q+ ~d Lz £ l I sap ~1Ni~uw a~:o ~z~awn~ ~~11N3HS 3N,1 ~0 3D1~~0 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested 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 are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously 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 peeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICa4TION ................................................................///..~~~......................... COPY Sworn to and subscribe re met "s 22nd~of F uary 2002 A.D. SALE#60 r /n .~ Notarial Seal Terry 1. Rusc@It, Notary Publb Hartlaburg, ~auptxn County My Comralsalon Expires June 8, 21 Member, Pennsylvania Association d ! NO'(-ARY PUBLIC commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY 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 $ 211.20 Probating same Notary Fee(s) $ 1 .50 Total $ 212.70 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... -~ ~-FIE{1L ESTAiE SALE No.60 -_---WNt No.,z1J013358 -Qiyil TSrm - 7~--w~Firs1 Union Na'tlorrel Bank, - hustee for Pennsylvania Housing Ftnence Agency = vs Susan t7. Hcetger - -Atty: Leon P. Haller DESCRIPTION BALL THAT CERTgIN tract of land, together ~tfi tfig improvemeiPS thereon erected, situate =m~e FiitlfWard of the Bomugh of Carlisle, tCtimberland- GOapty. _Pennsvlvania, 6ouoded by. landg formerly of Ida & ivr or-formerly afGeorge Lints; A- F.Get wide North Pitt Street; lends formerly of Guy Boyd . Lamason and now or formerly Ititster; and on the West by an scribed tract of land contains long the western Line o£ 60-feet Street and extends westwardly even width a distanw of 160 ~~, to the alley aforesaid, and has a 2 t2 story frame dwelling improvements. BEING known t S[rxt, Carlisle, Permsylvania BAhIE PREMISES WHICH 'r and Coosolacion Husier by OYL7/97 and recorded in irty Deed book Ifi6 Page 931 eyed unm Susan M. Hcetger. AS TfiE PROPERTY OF iTGER ON JIrDGA7ENT N0. O6-0Z1798-267 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 of the said Cumberland Law Journal on the following dates, JANUARY 25. FEBRUARY 1 2002. Affiant fiuther deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Ro er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 3NYDER, Notary Public Born, (farad asba Fxphes AAarc~r 5, REAR. ESTA'FB BAi:$ NO. 80 Writ No. 2001-5358 Civil First Union National Bank, Trustee for Pennsylvania Housing Finance Agency vs. Susan M. Hoetger Atty.: Leon P. Haller ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County. Pennsylvania. bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or for- merly of George Link: on the East by 60-feet wide North Pitt Street: on the South by lands formerly of Guy Boyd and later Velva S. Lamason and now or formerly of Norman Chronister: and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front along the western line of 60-feet wide North Pitt Street and extends west- wardly therefrom at an even width a distance of 160 feet, more or less, to the alley aforesaid, and has there- on erected a 2 1 /2 story frame dwell- ing house and other improvements. BEING known as 414 North Pitt Street, Carlisle, Pennsylvania, 17013. BEING THE SAME PREMISES WHICH Dennis L. Husler and Con- solacion Husler by deed dated 10/ 27/97 and recorded in Cumberland County Deed book I66 Page 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLD AS THE PROP- ERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2001 5355. PARCEL: 06-02-1795-267.