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Home My WebLink About01-06127 :'" WASHINGTON MUTUAL HOME LOANS INC., SDCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on t/Jld'l- a true and correct copy of the Notice of Sale of eal 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: Linda Hershey 53 Carla Drive Shippensburg, PA 17257 Brian W. Hershey a/k/a Brian Hershey 53 Carla Drive Shippensburg, PA 17257 Green Tree Consumer Discount Company 39209 West Six Mile Road Livonia, MI 48152 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 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 W'~ . r" ~ "I ~ ., ~ ~" .. JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR BRJAN J. TYLER JILL 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 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: Linda Hershey 53 Carla Drive Shippensburg, PA 17257 Brian W. Hershey a/k/a Brian Hershey 53 Carla Drive Shippensburg. PA 17257 Green Tree Consumer Discount Company 39209 West Six Mile Road Livonia, MI 48152 pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 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 you have an opportunity to protect your interest~if any, bein.g notified of said Sheriff's Sale. . By: . Leon P. Haller PA I.D.15700 Attorney for Plaintiff "W"~'~~.", '.-.' - ~~ ~ '. WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 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, JUNE 5, 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: 53 CARLA DRIVE SHIPPENSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001 6127 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY i-'~J!"t,,,,,,~? ~ ~ ~ 'I ,. l' 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 obj ects 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 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 the within County to open the judgment if you have a meritorious def~nse against the person or company that has entered judgment agalnst 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 1'~' "1","', _!l'li~ . ,~ I =-1P""""'-, ~ "" ~ _",^",,,___fi ~ " 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 ';11-~"~"""",." ........._.. --1 - .1 ~ . . ALL that certain' lot of land situate in the TOWllship of SOlltbampton, County o.fCuIRolU'land and the Commonwealth ofPelll1sylvania,,being Lot No. 29 in Section 3 in tbe development known as South Mountain Estates, said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western edge of Carla Drive at corner of Lot No. 28 in said Development; thence by tbe Western edge of Carla Drive, South n6ieteen (19) degrees twenty-eight (28) minutes thirty (30) seconds East, one hundred twenty (120) feet to a corner of Lot No. 30 in said Development; tbence by Lot No. 30, South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West, one bundred fifty (150) feet to a point at other lands now or fonnedy of Joseph B. Hazzard, et ux; thence now or fonnerly of Joseph B. Hazzard, et ux, North nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds West, one bundred twenty (120) feet to a point at corner of Lot No. 28; thence by Lot No. 28, North seventy (70) degrees thirty-one (31) minutes thirty (30) seconds East, one 'llBmli:ed fifty (150) feet to a point in the Western edge of Carla Drive, the plaGll of blllginning. CONTAINING] 8,000 square feet, per survey of J. H. Rife, R.S. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257, BEING THE SAME PREMISES WHICH Monarch Investments by corrective deed dated 4/3/98 and recorded in Deed Book 175 Page 42 granted and conveyed unto Brian W. Hershey and Linda Hershey. TO BE SOLD AS THE PROPERTY OF LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY ON JUDGMENT NO. 2001 6127. PARCEL: 39-36-2436-019 !'"'''ll!";;r,.._,_",,:,: ,"; ., -..,,~,~ ~-- "I 'I- ."~ ,I ~, - i~"Ji~7..GSi'(~_;;:~~!:;'i~ Re: Washington Mutual vs. Hershey Cumberland Sale 6/5/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) " i Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Linda Hershey 53 Carla Drive Shippensburg, PA 17257 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received :trom: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Brian W. Hershey a/k/a Brian Hershey 53 Carla Drive Shippensburg, PA 17257 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received :trom: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed r Green Tree Consumer Discount Company 39209 West Six Mile Road Livonia, MI 48152 'f':.--:,'" .:v_," ,- ~ ~,~ ~"' - ~~r'-'1 ,,-, "', ~. ~ ',_."",,,'-""'-' ~-- !"I'~-~=""'~"W; .~<'=-~;,'-, ,;~F]Y;'fG", 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: Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 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: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 , I,' , 1< , h ...... J or: {1 f;;, {,.,. 'V .; 'lit 'J{ U '. f~ -----__ '. Ii '.~-'--~--1:: "";"., .. ~~ ." ~- ~ . II!I\I.." ,~ _ '~__'''''"''W IU, ~ L " _~ =J"'''''i _ ^c, - >': - /, 0' ^,-,,-<,,\-~,. .c' .'" """''' - --"Jtn'-l':~~:'t)m'nD't'::'c"';~T&~,%z;b$~l'1,&~/fq~1il"r.Nl1'~pi)r ~;:f]t-~~ 5:.J ~-- --'("-' [TlrT-, L:J...l 21- 0) }:"> r:~ p~ '--", 6S EL~ o r,", ,.~ :"~1 ~ ~ -< N OJ :-J ., l;~ t,c.i L,"'- ~~ ,. '" ~~~!"",,",,~_If.E[! r WH1,;,I,..ll!1!Il'T1~~Miji!7'7Ji""!il3'",,",,!!r.'1~)'"~-"'i~!Nr,I-""'''-i'<1~;'~~''';.I-~',"1~'J;l!.~I!\~:\~11h1'f,,-<if~tf;'i'!1ffl~!J,fm~'4i,,-,.,_~,.1I'<h''''''I~W~\\~~m!_~:--: , WASHINGTON MUTUAL HOME LOANS INC. SUCCESSOR IN INTEREST ay MERGER TO FLEET MORTGAGE CORP. IN THE COURT OF COMMON PLEAS cuooaERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW LINDA HERSHEY and aRIAN W. HERSHEY a/k/a aRIAN HERSHEY NO. 01-6127 CIVIL TERM Defendants IN MORTGAGE FORECLOSURE WAIVER OF NOTICE I, Leon P. Haller, Attorney for Washington Mutual Home Loans, Inc. Successor in Interest by Merger to Fleet Mortgage Corp. holding Subordinate Mortgage in the amount of $5,104.28 dated October 2, 2000 and recorded November 17, 2000, in Mortgage aook 1652, Page 855, having received Notice of Sheriff's Sale scheduled for June 5, 2002, hereby waives notice of said Sale as required under Section 3129.2 of the Pennsylvania Rules of civil Procedure. Dated: ;"*,,-,,"<<--- -','f -. ". H~,__~_"_'__",__,_~, ,.,., , , _, L ~, _. ",.."__," __ , ,. ,~ - ~ " ~ .. ~ ~"- ~.--'~"" 0""" ''''<' ,_" _, ,."",''''~''''< '-" - ~" '';!i"r.",z,;''~1l;''-~-,.'",,-,,- , -- ~"-; '\..' -:;; l' . mlMl. ,~. MW"!J!?~f-'{f,#JW'!l*t\Ff>\'j)['i'$\ff!'&f~!~lWl!l*1Jli~~i!i!"~~:~~,__;"P,[~-:r!{li~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Washington Mutual Home Loans successor in interest by merger to Fleet Mortgage Civil Division vs, No. 2001-6127 Brian Hershey and Linda Hershey SUGGESTiON OF BANKRUPTCY To: Prothonotary Please note upon the record that Brian Hershey and Linda Hershey, the defendants in the above-captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on May 30, 2002, at 11 :14 o'clock A.M., which petition was docketed to 1-02-02953, PURSUANT TO THE PROVISIONS OF 11 U.S.C. 9362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANT(S). CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s) in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: ar . B n, Esquire 6767 Path Valley Road P.O, Box 51 Spring Run, PA17262-0051 [717] 349-7657 Washington Mutual Home Loans Successor in interest by merger to Fleet Mortgage Corp. pO ~ox /00 SS'i pia I-o,u J"e. OI'tSol Date: June 5, 2002 1~1'1FI\i$1F~Mt:. .L, < ,,~, _ c" '" ., - m \. ~~ ", " ~~,.." ~, ^":""'" Il."'''""')\",, '\. ,:". "'" "\,~I'~" , - ,'_ J; ~~~,..\\~ ...,...... .... '~~\. " '.)\~ ii ,_..._~~~~jt~~!,.'iltl.'rl _ ,j!;'f!ffl;{f<m,1":".r,;"'i'o7F.',',,,,,,,,,,,,' ~_~,_~Wil~~, t _ - -"'-~- \~'/' i.-,,-',- ~'-~.~~ Q 2; -C\':_~: n-.\" ~i- ~";~ :-, u~ :.~. r~i.~. ~~ )> '-'f'f'!"',~"'l!i';'A~-;n,':'f"""-'c: c.:" (7. ;".) ct', N R;5 BIf -'hY "-,, V,~ ';-.'" ."'c(f:~"TI,f,l';mf;~~' ~. COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Washington Mutual Home Loans Inc sbm Fllet Mtg Corp is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 13th day of March, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 6127, at the suit of Washington Mutual Home Loans Inc sbm Flleet Mtg Corp against Linda Hershev & Brian w aka Brian is duly recorded in Sheriffs Deed Book No. 254, Page 387. IN TESTIMONY WHEREOF, I have hereunto set my hand It7k and seal of said office this ~ , A.D. 2002 day of My Recorder of Deeds _.~~ COlmly, CarIIllle PA Ion .d;fi,i MDnilIIYalJill.'lIllOl\ :~L!7',_ - ~."', , > I ~" r' ~ ---..:v .. ~ ~.~ Washington Mutual Home Loans, Inc., Successor in interest by merger to Fleet Mortgage Corp. VS Linda Hershey and Brian W. Hershey Alk/a Brian Hershey In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6127 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2002 at 3:52 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: Linda Hershey, by making known unto Linda Hershey personally, at 53 Carla Drive, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2002 at 3:52 o'clock pm, EST, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brian W. Hershey a!kIa Brian Hershey, by making known unto Brian Hershey personally, at 53 Carla Drive, Shippensburg, 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 April 5, 2002 at 4:35 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 Linda Hershey and Brian W. Hershey a!kIa Brian Hershey located at 53 Carla Drive, Shippensburg, 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: Linda Hershey, by regular mail to her last known address of 53 Carla Drive, Shippensburg, P A 17257. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being dilly 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: Brian W. Hershey a!kIa Brian Hershey, by regular mail to his last known address of 53 Carla Drive, Shippensburg, PA 17257. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the 'Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Leon P. Haller for Washington Mutual Home Loans, Inc., successor in interest by merger to Fleet Mortgage Corp. It being the highest bid and best price received for the same, Washington Mutual Home Loans, Inc., successor in interest by "1'f'''''f,~~~- ~ ~ ~ ~. 1-, 1_ ,.lI-~ '.,.,.-;!~~ ,. ,M ~. < merger to Fleet Mortgage Corp. of P.O. Box 1169, Dept. 2665, Milwaukee, Wisconsin 53201, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $923.17, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Joumal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 30.00 18.10 15.00 15.00 30.00 10.00 .50 1.00 23.46 1.81 15.00 30.00 20.00 363.05 270.55 25.20 25.00 29.50 $ 923.17 paid by attorney 10/11102 Sworn and subscribed to before me ~..aL . ~4 r~?Y~ ~ This /1 f!;; day of (p ~ 2002, A.D. G;r 0 ~;i;" " ~ P othonotary Y"-4>"'~~~ '. ~ 7: .,- -, -1"-' ',',r',~ I ' R. Thomas Kline, Sheriff BY"J()~Srvu1h Real Estat eputy o;>uV JO'iP \,60 , f!.#.. 3fSS'V f.!u." 13{J{.?(j -F-,--- . ......... '!II WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6127 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL HOME LOANS, INC SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. PLANTIFF(S) From LINDA HERSHEY AND BRIAN W. HERSHEY AlK/A BRIAN HERSHEY (I ) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify lrimlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$99,852.64 L.L.$.50 Interest AT $18.15 PER DIEM TO SALE DATE $7,242.48 Arty's Comm % Due Prothy $1.00 Arty Paid $128.35 Other Costs LATE CHARGES AT $33.53 PER MONTH TO SALE DATE $201.18 ESCROW DEFICIT $2,000.00 Plaintiffpaid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division By: <iJ1'~A.- ,t: rM~, CH REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 ';~, ~'!L~_ ~-)lilj~ r - I", - TO_, .. ~_, ."~, M Real Estate Sale # 41 On March 14,2002 the sherifflevied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, P A known and numbered as 53 Carla Drive, Shippensburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2002 By: ~~ J~ Real Estate Deputy (~, c;:r:u CViJ r;:::;:::~ ~ liW ,-; ~::,";:i .....,.. ....Y' ~:t: \-~\? ~,~ (n c' ~<i. ~ ..t~ ~~,:::x -:-:. , <<5. < -r ~ .-'~ '-:<:-, , c;. cO <..x :'~:"';:) , J; ~~~'L- o:?: :?~~, ~ ~:v p o c- _"'_"'""'.....,,_i1II$W~','1~1)!I'~Mr.~'1fi"'il!'W~~'""",;;r,,~I"'~W~~~~~jf1,'~"']'-"'1~_'"'\!"";.,,,':~C'.,:'"'_'-""',""',.,- d"""'_'~"~';"'''''st'''~;!'''-''''f",,.,;~1;',''-'P'"''''~'ii'_';r;'''"~"~!RQ;;ro~j!<m*"",,!,,,~:<: ~ ~ " ~ , WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 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 da~e the praecipe for the writ of execution was filed, the following information concerning the real property located at 53 CARLA DRIVE, SHIPPENSBURG, PA 17257: 1. Name and address of the Owner(s) or Reputed Owner(s): Linda Hershey 53 Carla Drive shippensburg, PA 17257 Brian W. Hershey a/Kia Brian Hershey 53 Carla Drive Shippensburg, PA 17257 . 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: 4. Name and address of last recorded holder o.f every mortgage of record: .. PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : Green Tree Consumer Discount Company 39209 West Six Mile Road Livonia, MI 48152 pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 5. Name and address of every other person who has any record. lien on the property: UNKNOWN '-"f'''!;'1'i!'~ ,,__~ ,." ~-I i~""'-! r- - ~ " ,,_ft ~ -, _ _. "d.', ~ _" . 0 _,.._y 6. interest sale: Name and address of in the property and UNXNOWN 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: 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 to 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: March 12, 2002 'ftiF;<''t'l''',%~~__ ~,~-,- ill _ _ ,~"u __<'h " :"_"C' WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 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, JUNE 5, 2002 TIME: 10:00 O'clock A.M. e_ 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: 53 CARLA DRIVE SHIPPENSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001 6127 18: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property LINDA HERSHEY AND BRIANW. HERSHEY A/K/A BRIAN HERSHEY "'~~""'r"'-'i'i"1m,>>:~" .W .,~~ - -'~'-~- "~I <,,- '._',-- . .' , rTI"r'""~rnlil1 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 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. J 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 def~nse against the person or company that has entered judgment agalnst 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 !,"/{~"m,pc'ill!1',""!'I , .~, - '""".. .- , 0, ~ ~"!"r~ , " wm ,'"~ '-"'jfL~~~~,"Jf' . 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, befo~e 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 Yi"r~*'-j~'''''''~!''.l~, _, , .".L ." ~"r- ~ , . ~"'" I ~"~ [fffi,q ,>~ ~ ".' "~,' ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and the Commonwealth of Pennsylvania, being Lot No. 29 in Section 3 in the development known as South Mountain" Estates, said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western. edge_of Carla Drive at comer of Lot No. 28 in said Development; thence by the Western edge of Carla Drive,South nIneteen (19) degrees twenty-eight (28) minutes thirty (30) seconds East, one hundred twenty (120) feet to a comer of Lot No. 30 in said Development; thence by Lot No. 30, South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West, one hundred fifty (ISO) feet to a point at other lands now or formerly of Joseph B. Hazzard, et ux; thence now or formerly of Joseph B. Hazzard, et ux, North nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds West, one hundred twenty (120) feet to a point at corner of Lot No. 28; thence by LoINo. 28, North seventy (70) degrees thirty-one (31) minutes thirty (30) seconds East, o)le 'hundred fifty (ISO) feet to a point in the Western edge of Carla Drive, the plac~ of beginning. CONTAINING 18,000 square feet, per survey of J. H. Rife, R.S. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH Monarch Investments by corrective deed dated 4/3/98 and recorded in Deed Book 175 Page 42 granted and conveyed unto Brian W. Hershey and Linda Hershey. TO BE SOLD AS THE PROPERTY OF LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY ON JUDGMENT NO. 2001 6127. PARCEL: 39-36-2436-019 .,,.,",,,',~4F<:"''''''''''!';'''',. , ,~,~-- ~,""" ,.. 'I"""" "' .--~ ~ ...~~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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~ Sundav 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 andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 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 Deeds in and for said County of Dauphin in Miscellaneous Book .oM", Volume 14, Page 317. PUBLICATION COpy S ALE #47 su scn €I Notarial Seal Terry L. Auss~lI, Notary Public Harrisburg, Dauphin County My Commission Expires June 6, 2002 Member, Pennsylvania Association 01 Nolan Y commission expires June 6, 2002 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 J Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 268.80 1.75 270.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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...........................,........................................ "~/'!ll'mi"''''''''''''.'j'1.4 --., [" ~" ~ .., -.-." . '. Rj;AJ. ESTATE SALE No. 47 ~ -J'rlfNo.200f-6f27 ~ ''';- - -~' 1_ iti i CM1Term ~ ------'-~Washfngton Mutual Home ~...: --.---- Loanlt lne. Successor In .:____1lJt8nnt by merger to Fleet ;"... -. c"-I.lortqeg, Corp. ~ - /'V, ,'-, - Uncb Hershey and ~" ~~-~ Brian w.. Herst.ey alKfa . --- - .BrtanHeruhey ~.Cu - Alty'-Leon P. Haller ~CRll'l10N .c. ~:TI:lAr CERTAIN :,x of Lmd siWate in the '"ffiWn5lilp o(S"outhampton. County of Cumberland ~lhc. Commonwealth of Penm}lvania, being Lot Ik 29ln Sectioo. J in the de\'elopment known as ~~5JifJp}il!lrecordedjnPlan ~2l..atpage25,boundcdandde~Cribedas -~lfow. 'B~Gat a point in the Wc~tem edge of Carla ~cornerof Lot No. 2B in said Development; - - the We.s!l:m ed&e ofCarJa Drive, Soutb (19) '-' lwenly-dght (28) minu., )SCCOmh._E'.a5t,onchundredtv,.cntY(l20) 10 11 COtner "fLot No. 30 in &lid Development: ~e..by Lot No. 30, South seventy (70) degrees II fhfrty.D1lC.(JI) minu~ thin, (3D) ser:cnds Uest, one Illmdredfifly (150) feet loapointalotberlandsnol'r' !lir1Ofiii.eilyof Joseph B. Hazzard, elllX: thence IlO\', ~onner~'fl",ephB.l4zzard."ux.North ~TI9) degree~ twent/-eight (28) mitJute~ ~~ (3.9) seconds_ WtlIt. Ulle hundred twenty (120) !Ic~~~in! !!teomer oE Lot No. 28; thence by Lo! ~- o. __ L .otlb.,Jere.n.ty (70) degrees Lhin)-onc (31) ~.."-'n;rtY(3(})secondsEastonehU1Ultedlif1Y tl50) feet to .a point in t~ Western edge of Carla Dti>e, the place of BEe ,'1<lNG. CONTAlNmG .::~l8.DOO-!'Luare feel pe.r ~lIfYcr of 1. H. Rife. RS. lIAYING thereon erected a re.sldentiaJ dll-elling E__'Il_as S3 Carla Otive, SWppen~burg, ~1V.mia17257. .::B:E:rNG 1RE same JIel1lbes which Monan.:h ~ThY.es~b~_cotrecth'edeeddatcd4l3I9Band ""';<j[in,P.<ed.Book 175 P'8' 42 grnn.d end ~~,Bti~'t\o~Her.>heyandUndaHenheJ: ~ sOLii as lhe.property oELinda Hershe} md ~ -~ ~ }JKJA Bria.lI Hen.bc} on ~N"200j6127. ~ CEL NocJ9.J6.24J6.019. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : 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 desiguated 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, V1Z: APRIL 26, MAY 3,10,2002 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 as to time, place and character of publication are true. ~'Editm SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 N SEAl LOIS E. SNYDER, Nolaiy PuIlIIc CarlIsle Boro, CuriIe!Iand County My CommIsaion Exp/R!s Marl:h 5. 2005 ""r'''':1f~'jl,,~~ ~_ '7'- ~ ~ " "I' ~ - ". c. 1 I~ ""' ~!.-]L..~",,; ,'. , - "~ ,"-' , ,~-?,~.,. " ' " 0' REAL ESTATE SALE NO. 47 Writ No. 2001-6127 Ctvil Washington Mutual Home Loans, Inc.. Successor in interest by merger to Fleet Mortgage Corp. vs. Linda Hershey and Brian W. Hershey, a/k/a Brian Hershey Atty.: Leon P. Haller ALL that certain lot of land situ- ate in the Townshtp of Southampton, County of Cumberland and the Com- monwealth of Pennsylvania, being Lot No. 29 in Section 3 in the devel- opment known as South Mountain Estates. said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western edge of Carla Drive at cor- ner of Lot No. 28 in said Develop- ment: thence by the Western edge of Carla Drive, South nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds East. one h~=_ dred twenty (120) feet to a comer of Lot No. 30 in said Development; thence by Lot No. 30, South sev- enty (70) degrees thirty-one (31) minutes thirty (30) seconds West. one hundred futy (150) feet to a point at other lands now or formerly of Joseph B. Hazzard, et ux; thence now or formerly of Joseph B. Haz- zard. et ux, North nineteen (19) de- grees twenty.eight (28) minutes thir. ty (30) seconds West, one htuldred twenty (120) feet to a point at cor- ner of Lot No. 28; thence by Lot No. 28. North seventy (70) degrees thirty .one (31) minutes thirty (30) seconds East, one hundred fifty (150) feet to a point in the Western edge of Carla Drive. the place of beginning. CONTAlNING 18,000 square feet. per survey of J. H. Rife, R.S. HAVING TIlEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENS- BURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH Monarch Investments by corrective deed dated 4/3/98 and recorded in Deed Book 175 Page 42 granted and conveyed unto Brian W. Hershey and Linda Hershey. TO BE SOLD AS TIlE PROPER- 1Y OF LINDA HERSHEY AND BRI- AN W. HERSHEY, A/Kj A BRIAN HERSHEY ON JUDGMENT NO. 2001 6127. PARCEL: 39-36-2436-019. 'I- n WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VB. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 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 LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY 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 Interest (Per diem of $18.15 from 2/1/01 to 11/1/01) Late charges ($33.53 per month to 11/01) Escrow Deficit 5% Attorney's Commission $88,338.70 $ 5,517.60 $ 268.24 $ 1,311.16 $ 4.416.94 TOTAL $99,852.64** ./ ** 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, ~-- By - Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DQCS\GUMBERLA\HERSHEY.P H.'I'1i'~""''''''''"''' r""-t ~ r'-""r r__~ , , " - ~,.,.. ~ - ~ ~ .. o ~ ~_. """'",- .~- ",~ I-_~-'>-' ~'. >,,~, -C';;' ."" <'. _"t.. ,,','d' "";"'!~"'""I~j':'~['--":'.:j,'~'!"~Orr' ''*~~~f.'_o-- ~~"'T"--H~<!j<{,ifi~'i;Y; ~ ~ ~ ~. ~ ~ (") CJ ~-) C r,) " <'" :J-~ ~ -oCL; :'=l> t '\ S2S "CJ . ~ ~ 2.:':C Gt)".'_: G.:' .' ~-' -<' ,0' --~() , !::;C. V -,.'" c-.: ::;: t;t ZC> ;r:. c: 1"'0 C) Z ;'-'1 =2 t'...:, ::b ~, v. ~~,~,~ _~~~~~~~~iHW1I!I'f'-lf;~,*cto~_'.~1''ii,~"!r'''t!O~_,I,.,,,,,,:,,;o-_Ti~~'f['_ilff;1:'!~m!!~~!ii&'~'~J~i"IV"!f)j[lW~.m~j~~ '~~~~!I!l " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 6127 WASHINGTON MUTUAL HOME LOANS, INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF TOTAL AMOUNT OF JUDGMENT $ 99,852.64 ~ Interest at $18.15 per diem to sale date $ 7,242.48 Late charges at $33.53 per month to sale date $ 201.18 Escrow Deficit $ 2.000.00 TOTAL $109,296.30* VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANT(S) *SALE DATE: WEDS.,JUNE 5, 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. Date: March 12, 2002 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Leon P. Haller 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 53 CARLA DRIVE, SHIPPENSBURG, PA 17257. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:\MKF\DOCSICUMBERLA\HERSHEY.W lt~~T ~. , - . ALL Lhat certain lot oflandsituate in the Township of Southampton, County ofCumbcrland and the Commonwealth ofPelUlsylvania, being Lot No. 29 in Section 3 in the development known as South Mountain Estates. said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western edge of Carla Drive at comer of Lot No. 28 in said Development; thence by the Western edge of Carla Drive. South nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds East, one hundred twenty (120) feet to a comer of Lot No. 30 in said Development; thence by Lot No. 30, South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West, one hundred fifty (150) feet to a point at other lands now or formerly of Joseph B. Hazzard, et ux; thence now or fonnerly of Joseph B. Hazzard, et ux, North nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds West, one hundred twenty (120) feet to a point at corner of Lot No. 28; thence by LotNo. 28. North seventy (70) degrees thirty-one (31) minutes thirty (30) seconds EaSt, o~e . hundred fifty (ISO) feet to a point inthe Western edge of Carla Drive, the place'of beginning. CONTAINING 18,000 square feet, per survey of J. H. Rife, R.S. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH Monarch Investments by corrective deed dated 4/3/98 and recorded in Deed Book 175 Page 42 granted and conveyed unto Brian W. Hershey and Linda Hershey. TO BE SOLD AS THE PROPERTY OF LINDA HERSHEY AND BRIAN W. HERSHEY AI KIA BRIAN HERSHEY ON JUDGMENT NO. 2001 6127. PARCEL: 39-36-2436-019 r"0"V~",p, <'_"<!':~__?' ~, I r 0 ""I ... -~~ "~=~~ ~. ._ . ""-o"'~,U~ ., "'~"'." "','~'" -?,'':'' ,,;,.',,' '. ~ ~.,...~,..,'""',""-""".~"'..~"~,.,,-...v-C"","'''~''~'_oi II .. ".~ ,c Q; RJ 0 c.') \l\\ ~ ~ ~ ~, C f'v '"" , '-- ~ ~ G- , . ' -. (;:; ~ ::r;.: ~ lv \) ~ ~ uC'i ~:t;:.. \:l ~ ~ , ~~tj ::.:0 C) ~ to)~' G) ~ I: -< ~.. ~ r ~-=-..: .....,..." ~ ~ \ ~;C' , ~ ~2~ f'J -,J' ~) ~ , ~~ ~ , , , ~~ , ~ h.> =D ~< ~~ ~ ~ \j OOlmiU~HBi .. !~,5{.f;.im:&l,);"\"!j"""J,;",,-,r')fliJ1':R1t1:.~;;'W~~I$!J."'~~~l'i:-i!~fl~rw;fJf!j~i~\!#\~~!I#*!F': 'j WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 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 V11~ /3 d2md) the against you in the above- $99,852.64 and for the sale and foreclosure of your property located at: 53 Carla Drive, Shippensburg, PA 17257 Dated: 3//3/0,) , IS! d4/.if /.~ PROTHONOT Y ~c 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: Linda Hershey 53 Carla Drive Shippensburg, PA 17257 Brian W. Hershey a/k/a Brian Hershey 53 Carla Drive Shippensburg, PA 17257 K\MKF\DOCS\CUMBERLA\HERSHEY.N !C'_:':i!WlilJJl~'N__f V:_~,~_,' '~.""'.....,~, ~ r~ I - -- "~, , - " .~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS CIVIL ACTION - LAW NO. 2001 6127 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 LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY 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: ".,-~- - ".c"-.. ~-,~ Unpaid principal balance Interest (Per diem of $18.15 from 2/1/01 to 11/1/01) Late charges ($33.53 per month to 11/01) Escrow Deficit 5% Attorney's Commission TOTAL '-'''-';<'i~.)" $88,338.70 $ 5,517.60 $ 268.24 $ 1,311.16 $ 4,416.94 $99,852.64** ** 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. PURCBL~'-,,"=--^-=~~ . BY~~ Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DOCS\CUMBERLA\HERSHEY.P .". O","'FiI\';)1l'i~~,_~~ ,~ _ -' .,..~. -~ ~ . ."" ,-",""" , I 1_'" -J- - ~~ ~.., , e. WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on DECEMBER 11, 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 1"~*,~~1iI?~.~, ,~~' I. ..~ . , WASHINGTON MUTUAL HOME LOANS, INe. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 01c6127 VS. LINDA HERSHEY AND BRIAN W. HERSHEY AKA. BRIAN HERSHEY Defendants : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: December 11, 2001 TO: LINDA HERSHEY 53 CARLA DRIVE SHIPPENSBURG, P A 17257 BRIAN W. HERSHEY AlKJA BRIAN HERSHEY 53 CARLA DRIVE SHIPPENSBURG, P A 17257 TIDS 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 OFCOlLLECTING 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 TillS 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: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A J 70 13 717-249-3166 PURC~LER By LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 -",~"~""~"""",..,,,,n~~, ,."~~'~ ",",,_ . , . ~ ~ I _""!"'W .- - . n __ ~_',_", ,~ ".---~-- ,.< ",-,,,,-,, --.,-"-~---~" ,<,;c',' 0." -'-'~'.:<~'". " ,"-.,"",<,',' i'~' '",,~'~,,_' ,',,,,"'w_,_ ;;"N .. - ~ < ~- r'F < 0 c,;) ,- C "'v '__J TJ ~~~ -eJ UJ " rn 1',--, -;'J "'7 :T' "7 t; ch c.,~, -<' , r..:; c> , ) ,,"- , j--'" (- ::z: s;::-- C, r,,) F c ~-) z :::2 r0 :IJ -< "_ Tn~~"'-""'" ,,..,A'I!,..,,il'f~lWlfi!',,>1~~""""\"")'-'-"'''iT'-:''--i''''~~';:~~~'ij:i'Ftrf,';';"'-'l'~!.Wf4'.w'f~"'!f-~-.;l~~\'j~~J~~:v.;' iii H^ . WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 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 53 CARLA DRIVE, SHIPPENSBURG, PA 17257: 1. Name and address of the Owner(s) or Reputed Owner(s) : Linda Hershey 53 Carla Drive Shippensburg, PA 17257 Brian W. Hershey a/k/a Brian Hershey 53 Carla Drive Shippensburg, PA 17257 "i 2. Name and address of Defendant (s) different from that listed in (1) above: in the Judgment, SAME if 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) : Green Tree Consumer Discount Company 39209 West six Mile Road Livonia, MI 48152 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 5. Name and address of every other person who has any record lien on the property: UNKNOWN T+'"'~''' ,f.;" ~.; ~~ ~~,~ ~, , ---',' "":""'i'"' .'"F'" ....... '. ,.......~. - 6. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the 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 to 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: March 12, 2002 !,'i'~'!~!,"''l'"*,~".-,,, ;#. WASHINGTON MUTUAL HOME LOANS INC., SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., PLAINTIFF VS. LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 6127 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, JUNE 5, 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: 53 CARLA DRIVE SHIPPENSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2001 6127 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of. this property LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY i'''~)I:''?'!';i':WWl''", ,.. _ "'" ~~ ~ .~ I, ~~.~ - f' 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 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 agalnst 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"'1"':"~''''%HlW''e:'~ - "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 '"...,,- .- ':-''9r''''_;''_~1~~:'l1!_,_" ". """""""""1 , ,- in p ALL that certain lot of land situate in the Township of Southampton, County of Cumberland and the CommOllwealth ofPelUlsylvania, being Lot No. 29 in Section 3 in the development known as South Mountain Estates, said plan recorded in Plan Book 22, at page 25, bounded and described as follows: BEGINNING at a point in the Western. edg~ofCarla Driveat comer of Lot No. 28 in said Development; thence by the Western edge of Carla Drive, South nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds East, one hundred twenty (120) feet to a comer of LotNo. 30 in said Development; thence by Lot No. 30, South seventy (70) degrees thirty-one (31) minutes thirty (30) seconds West, one hundred fifty (150) feet to a point at other lands now or fonnerly of Joseph B. Hazzard, et ux; thence now or fonnerly of Joseph B. Hazzard, et ux, North nineteen (19) degrees twenty-eight (28) minutes thirty (30) seconds West, one hundred twenty (120) feet to a point at comer of Lot No. 28; thence by LotNo. 28, North seventy (70) degrees thirty-one (31) minutes thirty (30) seconds East, oJle hundred fifty (150) feet to a point in the Western edge of Carla Drive, the place of beginning. CONT AININO 18,000 square feet, per survey of J. H. Rife, R.S. HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH Monarch Investments by corrective deed dated 4/3/98 and recorded inDeed Book 175 Page 42 granted and conveyed unto Brian W. Hershey and Linda Hershey. TO BE SOLD AS THE PROPERTY OF LINDA HERSHEY AND BRIAN W. HERSHEY A/K/A BRIAN HERSHEY ON JUDGMENT NO. 2001 6127. PARCEL: 39-36-2436-019 'l"i<'~'Ji>'(~~" TT ,'~-~ ~- . C''' ~ - .~ ._-""'-~ "-~ '"~. ,-,- _i IIfl~'~F~jm~~.~=.- '"""~"', '.,-- --.-"""',"~ , ~~~"''''''''''l'l''''1'.""",.!;frf!~~,,''',"-N'i>l':,<m''>..''i ,',W"',-" '? ~. ~_h",>",_~;","~=" ~tf r=c ;lC;C ):.~ 2~~ 2 ---I -.-' , o 5;; r::) rv ~ , C~ r.....) -1:- T... -() L...i ; ~,' -, " , ""+" -""'~'{il;;H """,i-':>"~"''''('f,,;tHflJ:;r~~~ill~#~_~*;: SHERIFF'S RETURN - REGULAR ~- CASE NO: 2001-06127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS HERSHEY LINDA ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HERSHEY LINDA the DEFENDANT , at 1842:00 HOURS, on the 1st day of November, 2001 at S3 CARLA DRIVE SHIPPENSBURG, PA 17257 by handing to LINDA HERSHEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.35 .00 10.00 .00 40.35 r~-:~<:~ R. Thomas Kline 11/02/2001 PURCELL KRUG & HALLER Sworn and Subscribed to before By: ~~ -J ~ me this 9'~ day of ~~' AD C_ 7n.~~l;u. ~ r thonotary Deputy Sheriff "!:'il'fi_.,_ ~-"""". or" r- - ~" "= _ r - "'"=-<~ SHERIFF'S RETURN - REGULAR ',.. CASE NO: 2001-06127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL HOME LOANS VS HERSHEY LINDA ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HERSHEY BRIAN W the DEFENDANT , at 1842:00 HOURS, on the 1st day of November, 2001 at 53 CARLA DRIVE SHIPPENSBURG, PA 17257 by handing to LINDA HERSHEY, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~ R. Thomas Kline 11/02/2001 PURCELL KRUG & HALLER Sworn and Subscribed to before By: b~ i 16tQ Deputy Sheriff /J .fL me this 7 - day of ~ J.6<J / A.D. ~. B ');~,(#-~ ~ P honotary , ,-,,;~. ,!!Il L , I I '~! ~ n p I WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE o l - t.../~7 CZI'u~L ~ LINDA HERSHEY AND BRIAN W. HERSHEY AKA. BRIAN HERSHEY Defendants TIDS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORM~TION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sl1ed in court. If you wish to defend against the claims set forth in the following pages, you must take action Withintwenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and f\1il\g.in writing with the court your defenses or objections to the claims set forth against you. You are warned that ifYOl1 fail to do so lb.<< ~~semay proceed without you and a judgment may be entered against you by the Comt WithOl1t further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. Y 011 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 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. " ~: 'I I ,,\,[. I' I'" ' CUMBERLAND COUNTY LAWYER REFERRAL SERVlCE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 717-249-3166 A VI S 0 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 VlSO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REQISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VlSTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. ~ :'iJ, RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU Pt\RTICIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVlSIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DlNERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. ! ~ SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVlCE" (SERVlCIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVlCE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 TRUE COpy FROM R In Testimony Whlii~of I h _ ECORO and the s~ I . ..;, e,e llllto set my halld Th~ "fJ (i SillQ vou!t at Carlisle p.~ "-- ~"-O ~~: . G. Prothono~ ",- )'-""T"'"""'''"''''''~'''''~1~~"'='~;''l''I~~ ,.~""",_If.i\<i,, ~'~I " ,., - _o=~ ~ ,1lIIII ""^_~_ , WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE LINDA HERSHEY AND BRIAN W. HERSHEY AKA. BRIAN HERSHEY Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. 1601 ,-,,-'\." i '~ i' : 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 i; I . . 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 LD.# 15700 Attorney for Plaintiff i"t""1f'-Y-'!>e=ro':lj'-":~TI '=, I. If , ,..,..~~ 1 1 - ,~~~"~. 'M ,~~_ .1I!ijij! , WASHINGTON MUTUAL HOME LOANS, INC, SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE LINDA HERSHEY AND BRIAN W. HERSHEY AKA. BRIAN HERSHEY Defendants COMPLAINT IN MORTGAGE FORECLOSURE . I. Plaintiff is WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., a corporation whose address is P.O. BOX 1169, DEPT. '.: ,,' )\ ' \ \' 2665, MILWAUKEE, WISCONSIN 53201. 2. Defendant, LINDA HERSHEY, is an adult individual whose last known address is 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257. Defendant, BRIAN W. HERSHEY AKA. BRIAN .i r", .~ HERSHEY, is an adult individual whose last known address is 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257. 3. On or about, April 03, 1998, the said Defendants executed and delivered a Mortgage Note in the sum of $90,800.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., 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 ofthe 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 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FLEET MORTGAGE CORP. and was recorded in the aforesaid County in Book 175, Page 42. Washington Mutual Home Loans, Inc. is Successor in Interest by Merger to Fleet Mortgage Corp. Said Mortgage and Assigmnents are incorporated herein. 5. The land subject to the Mortgage is: 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257 and is more particillarly described in Exhibit "B" attached hereto. " ceo',,' ;C';">"'-'K~~._ _"".~.".,.,.,._ .., ~ ~"_"~''I''-r' ~.I'''''''~ Iif 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $88,338.70 Interest at $18.15 per day From 02/01/2001 To 11/0112001 ( based on contract rate of? .5000%) $5,517.60 Accumulated Late Charges $0.00 Late Charges $33.53 From 03/0112001 to 11/0112001 $268.24 Escrow Deficit $1,311.16 Attorney's Fee at 5% of Principal Balance TOTAL $4,416.94 $99,852.64 **Together with interest at the per diem rate noted above after November 01,2001 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 ofa 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 foreclosure 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. i-,,';j-''''''-,",~F~'-''''''''~l; j~ ""'1'"" -r' "1 <~1 'r "'~~ -~- f , II. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.5000% ($18.15 per diem), together with other charges and costs including escrow advances incidental thereto t e date of Sheriff s Sale and for foreclosure and sale of the property within described. ...... .~ By: PURCELL, KRUG & HALLER Leon P. Haller, EsqUIre Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) .j, ' , i , " . ~ I 1 ?,'"."'-,';";"',cp,~""",,,~~ 17] _~ -.,-1 c I - I" - ! Fmc54548 (1696x2200x2 tiff) [8] . ........... l'llA-G-643870 5g ?;ip1drJ . , , .I 'Multistate ORIGINAl NOTE FHA Case No. 441-559724-7 Al'RIL 03, 1998 [DB") 53 CARLA DRIVE SUIl'l'ENSBOB.G, l'A 17257 lP-'Y Add....) 1.PAJrrIES . "Borrower" means each personsigniag at the end of this Nl1te, and the person's successors and assigDs. "Lender" means GATEWAY illIIDING DIVERSIFIED HOIl.TGAGE snVICES, L.P. and its successors and assigns, 21. BORROWER'S PROMISE TO PAY; INTEREST Tn retumfor a loan received from Lender, Borrowerpromises to pay the principal sum of Eight Hundred and no/100 Ninety Thousand Dollars (U.s. $ 90,800.00 ), plus iDtcrest, to the order of Lender. Interest will be charged on W1paid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Seven and One Half percent ( 7.500 %) per year until the full amount of principal bas been paid. 3. PROMISE TO PAY SECU1lEJ) Borrower's promise to pay is seenredby a mortgage, deedof trust or similar security instrumllDtthatisdatedthe same date as tbis Note and caUed the "Security lDstrument." The Security Jnstrnmentproteets the Lender from losses which might result if Borrower defan1ta under this Note. . 4. MANNER OF PAYMENT (A) 11me Borrower shall make a payment of principal and interest to Lender on the first day of each month begiuniug on JllIIE1998 , .Anyprincipalandinterestremainingonthefirstdayof MAY 2028 , will be due on that date, which is called the "Matnrity Date." (B) PIaee Paymentsba1lbemadeat one 'lest First Avenue, 2nd Flr Conshohoeken. Pa. 19428 or at such place as Lender may designate in writing by notiee to Borrower. (C) Amouat Eachmonthlypaymentofprincipalandinterestwill be in the amountof u.s. $ 634.89 . This amount will be part ofa larger monthly payment requiredby the SeenritY Tnstrument, that shall be applied to principal, interest and other items in the order. .described in thc Security IastrumenL . . (D) Alloage.tothlsNoferof'JIlI1IIlentacij~ .. . If an aIkmge proViding fat imyment adjuslm1lDlais executed by B~ together With tIiis Note; the covenants of the aI10nge sball be ineoqJoratedinto and shall ameadaud supplP.mAntthe covenants of this !il'ote as if the allOnge were a part of this Note. [Check appJicable box] OOraduated P~t~,~Gr~Equity Allonge 0 Other [specify] . '0" .... 5. BORROWER'S RIGHT TO PREPAY . Borrower has the right to pay tht; dl:b~dencecIlby this Note, in whole or in part, without charge or penalty, on the first day of anymoDth. LendersbalbC\;Cpt.~etdml otf1erdays provided thatBorrowerpays interest on the amountprepaidfor the ~of the monthto tIie extentrequired:by Leader and permitledby regulations of the Secretary. If Borrowermakes a = ~er.:~~will be n~ ~ in the due ~ or in the amount of the monthly payment unless Lender agrees in :.. . . mAM_..__.N....- IU GL..1RlBoon.o1 ." ,..~'.. ...,. VMP MORn'iAe.E FORMS. (8001111.731 ~pl~2 ~~ 111~111~1:11~11!1~lill 1001Rl.Frm F?\f-llo\T II All .'-'~''''''''~~il'''l''',,~_ ~I "1' I - ~ ~"~~"1' "'" ,=., ---~-" ""''''''''''''''l''''. Fmc54548 (1696x2200x2 tiff) [9] FlIA-G-643:.870 QD/8'OO 6. BORROWER!SFAlLURE TO PAY .. .... ;....j.. ~ .,;...,.. :. I (I\) Late Oarge for Overdue PaymeJlls _ If Lender has :not rec:eived the full monthly paymentre/4uired by the Seeuri~ InstrwneDt, as described in Paragraph 4(C) of this Note, by the end of lifteeo ,ol....dordays aliter the payment is due, Lendermay collect a late charge in the amonnt of Four percent ( 4% (four) %) of the overdue amonnt of each payment. (B) Default . If Borrowerdefaultsby failing to pay in full any monthly payment, thenLendermay, except as limited by regulations of the Settetaryin the casc of payment drfimlhl. reqnireimmediatepayment in full of the principal balanceJ'P.'<\olnl..g due and an accrued interest. Lender may choose not to eJ<erCise this option without waiving its rights in the event of any subsequent . default. In many eirc"..."""'....,regulationsissued by the Seeretarywilllimit Lender'uightll to requke immediate payment in full in the ease of paymnnt defaults. This Note does not authorizeaccelerationwheu not permittedby HUDregulatious. As used in this Note, "Secretary" means the Secretary ofHousiug and Urban Development or bis or her designee. (C) Paymeat or Costs and Expeases _ If Lender has requirecl1mmMlatepaymentin 1\dl, as describedabove, Lendermay reqnireBorrowerto pay eosts and expenses including reasouableand customary attorneys' fees for enforcing this Note to the extent:not prohibited by applicable law. Such fees and costs shaD bear interest from the date of disbursement at the same rate as the princlpaIof this Note. ". '. 7. WAIVERS Borrower and 8WJ other person who has obligations under this Note waive the rights of presentm.eDtand notice of dishonor. "Presenbnent" IIIeIlIIS the right to requireLendertodemanclpayment of amountsdne. 'Notice of ~1.],,>>,<lI" means the right to require Lender to give notice to other persons that amounts due have not been paid 8. GMNG OF NOTICES Unless applil:ablelaw requires a differentmethod, amy notice thatmust be given to Borrowerundertbis Note will be giveu by delivering it Dr by nuWing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different addre&s. Any notice thatmust he given to Lendernnder this Note will be given by first class mail to I.euderat the adclressstatedin Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBUGATIONS OF PERSONS UNDER THJS NOTE If more than one penonsigns this Note, each persoIIlis. fully and persooa1Iy obligated to keep an of the promises made in this Note, inclpdi,,&, the promise to pay the full amonntowed. Any personwho is a guarantor, sorety or endorserof this Note is also obligated to do thesctllinp. Any person who takes over thescnhligllliNJS, iuelllding the obligatl""" of aguaranltOr, surety or endorserof this Note, is also obligated to keep an of the promisesmacJein this Note. Lendermay euforceits rights nnderthis Note against each petSoa iDdividua1ly or against an sigDatoriea together_ Any oue personsigniug this Note may be requiredto pay an of the amonnts owed under this Note. BY SIGNING BELOW, Borroweraceeptsand agrees to the terms and c ~..1!~ ~ (Seal) -- (Seal) -Bcmlwcr By Pay to the order of Without Recourse Fleet Mortgage Corp. AX//JAO . PRITl PATEL Document Executing OIIicer (Seal) .Bcmlwcr (Seal) -- (Seal) -Bomlwor (Seal) .-- (Seal) ~Bon:ower _ ~1R 18801).DI PIlp:2.of2 l001R2.Frm "-'r""'_?'-"''''''"'''''''''''''llil!: ~ _ rl"~""'-" _ _ ~ ,_ ~ _ ~. I' ~ I ., - rn~, ~, r, , ~ "i'1"'i'-_"~'_o'''''''''~''''~l .' Fmc54548 (1696x2200x2 tiff) [10] . , J ~ NOTE ALLONGE Allonge to thalcerlaln Note Daled: 04/03/98 In the amount of: $ :gO,800.00 Re: Address 53 CARLA. DRIVE SHIPPENSBURG, PA 17257 Commitment Number: To: GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES. L.P. without recourse pay to the order of ? FLEET MOR1Gfl-GE COR . BY ITS GENERAl PARTNER: / I (. ~ i .' GATEWAY FUNDING, INC. ALLONB.Frm ., -I 1- , ~~ ,[ - " G-643870 tlll'T ~-" 'I' ~.. I1IIIIII NOTE :'''"$''''''''''.~~'f'~''~ _ _~,_"~"' '"",~ Fmc54548 (1696x2200x2 tiff) [7] NOTE Catapult Remote(c) Cop)-rigbtI997-2000 by LOGS Date Center 1-, ~, " 1 ~- -, .. 'f""'~'~~ _ ~,~~"""W "T"T ,-" <" -~.,..."""" - Fmc54548 (1696x2200x2 tiff) [5] 'J ..' COMMONWEALTH OF . Pennsylvania FMGLoanNo 58236727 Effective Date: October 2, 2000 Borrower(s): Brian W. Hershey Linda Hershey Property Address: 53 Carla Drive Shippensburg, P A 17257 COUNTY OF Cumberland COMPLIANCE AGREEMENT The undersigned Bmrower(s), in consideration of the Subordinate Note aDd Snbordinate Mortgage or Deed ofTmst offered by Fleet MtJrlgage Corp., its snecessors and/or assigns ("Lender") in the amount ofSS,014.28, in COllllection with reinstating the delinquent loan secured by a.Deed ofTrnstIMortgage datedApril3, 1998 agrees to fully cooperate with any reasonable requests made by Lender, or its agent, to c:omict tyjlOgraphical errOrs in the Promissory Note and Subordinate Mortgage or Deed ofTrust enabling Lender to seD, convey, guarlintee or obtain insurance for any investor or institntion, including but not limited to, the Federal Nationill Mortg8ge AsSociation, the Government NationilJ Mortgage Association, the Federal Home Loan Mortg8ge Cmporation, the Deparbnent of Housing and Urban Development, 1he Departnl.ent of Veterans Afl'airsp or any 1II1U1icipalbondiog authority, to ensure enforceability of the Promissory Note and Subordinate Mortgage or. D~ed of Trust. These requests may include, but are not limited to, aU changes, corrections, re-execution or modification of any docwnent related to such loan, as may be required. The undersigned will comply with aU requests within ~ (30) days from the date they are made by Lender or its agent. If Borrower(s) fails to meet its obligations, Bmrower(s) acknowledge liability for aU costs including, but not limited to, actual expenses, legal fees, court costs, and marketing expenses incurred by Lender to enforce its rights under the Promissory Note and Subordinate Mortgage or Deed ofTmSl ~1i:..Sh~oi.~ '. . '" ~ . . . .....,.... RECORD & RETURNTO: ...- Fi~ ~prtgage 6iIJioiiillOii,1'leet Counseling SOlViccs SettlementlQuaUty Assurance _ 2210 Enterprise Drive, SCIFLI2S17 Florence, SC 29501 llood652 rAGE~ 859 i,-,'_C~"'-',_"'TV_"_"-;\'<"'!>m__' r"~ .. '\'lI". ~I' 1 - , _ r f ~ -~~~ !-~"?r -= Legal Description ltJ~I1? aM' Slluale In the Township of Southampton, County (If Cumberland and the Commonwealth of Pennsylvania,. &sIng LoI No. 29 In Section 3 In the development known 8S South MountaIn Eslates. said plan recorded In Plan Book 22. at page 25. bounded end described as follows: Beginning Elf a polnt In the Western edge of Carla Olive al comer of Lot No. 28 In said DeVelopmenf, thence by the Western edge of Carla Drive. South nineteen (19) degrees twenty-eight (28) mlmrles..lhfrty (30) secqnds East, one hundrad lwenly (120) feel to a c::omer of Lot NQ. 3D-In said Development; lhence by Lot No. 30 SOUth,sevenly (70) i;feglHS fhb:ty..one (31) minutes thirty (30) seconds West, one hundred fifty (15D) feet to a polnf at other lands now or fonnerly of Joseph B. 'HIIZZ8l'd. at we; ttience now or formerly of Joseph B. Hazzard, at ux, North nineteen (19) degrees twenty-elght {28} minutes thirty (30) seconds West. one hundred twenty (120) feel 10 II paint at comer of Lot N~ 28; thence by lol No. 28, North &evenly (70) degrees Ihlrty-one (31) minutes lhfrty (30) seconds East. one hundred fifty (150) feet 10 II point In the Weslem edge of Carla Drive. the IJlaC8 of beginning. Subject 10 eU legal highways. . Permanent Parcel Number: 39-36-2436.019 53 Carla Drive ShlpPansburg, Pennsylvania 17257 Al.TACOInmIlmont Seh8duleC :"'::~.~::,;~f::~.'~\. , ., . ,~, ;.. ,~."if:i'l:~ \ .":"'1.:',~..'''.'~' '~.~::;~.._.....~;:;;:;.r.r., .~;~~'tl~~~~;;;~~~.{~1tl\, "'"T~tr"'Jt:iIr'- .;." '~':a],f 1"-:1lo~:"';,ij'FI' ..' .:,.'" '!m.'" ':l'T,,",,,,~~, .- . .. . :1~6~~; ;~?)~"~. S!"''l 01 ~r.nn!!l\'lvanla l~'6:~~:~!:"~i,;:tr.~t'>" (......';\y 01 CU;I,ber!anfl .",,/i"':;'"'.ijt~':"' - "Dp''''.i~ r:",'.""d~din.theofficelor therflr. .Inp" . .~e~' tndlll::.:.~b!!rIDndCQtJnlY'ib~ 'in .BQ~.J2.\,I_Vot=.-PJlAe- 00 V..l111 ~ mYhll.n~~~al:offlf OM c1\) 19J1. Carli:i!e.PA hiS a ~od580PAGt .113 '\ \. Il~ II E)(ttl~l( "-'~'''C,,"i'''il'''''''''IM'lI_, IT- ="'N"'~'~'~ --rl ~-" ; ~"~ ,",;.-""..-,, "i ',. J}.;. fO'l: -,,; '-;ric" ~":.-'-. '-' "[ '._,f,'.;; j._j;;_c ~ .if)"} "fL" -', ,.. (,..'f.. .:,:0~:;. >~_. -t.iN.. ~'- .:;. ~: ~.o _:i:.~, . . :_;e" '..- " "~,,,, ,.- ....~ , 4:" ...;", " IN:'o. :-;'_~-~,. . ".',' '.~'" }'-' . ,'j:-' "'..:-f ":;--'';''~'' '.;, ..".; ,-'.c-,:;-' :.;/:..~;;,-,. ;.0'-". . ~". ~::-t-.: a. .-, ':k;!;;! .,~ ::',?'- ~}.:...-. ',0&_'.' ."";{ -5:%;f~~:':' ~- .:_'_;:;,".' ;0,-. ;:. - *" . ?~~;~_ ~~ii': .;f: .-~f/_:_,::__' :{;;-z-,,- ~($t; ~- "..- .'", ,"i__. .: ;,'0.'1: ~", " ;";'-,;.' :":'/-" .~. :;'tit '.','.-;, .~',. \Of" '-"'-".'" "-';',' ",;,. ::t;,,; "1_'- ; '~::I:;:"2~-l: :- , ~-*:, "";" '-'(".:. -- "r__ ::!' -,-.<~, t-:. ',.,.,",- J."i . ~~ ':..co-"'" '-.~iK--- .''i); 'T.-,'- ,,;:.,- ;f:~'..'.-':-- .,:-. .>:; '-., :-1:' -"i "~... ,;-, :~" ;."" . :Fo,-. -~ . <.'] .:t~.~ . : ~.... k ~-'i ii:-' ) ";'" ~'Y ':-;.: .-...... '.-'~r:- ',~;. '-", "0;.' ~ ''-,-i ,; ,-'.-.',;::. ',,,c ".,_ . T'" '_':C."'- "- ;;- t, .-, ..w, ;..,;-'. ;;f...;.;-. .- ... --It;--. ,,;,;,. ",. "..'.,. ,. /.~. ~.~-~"""""" VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 23,2001 ~ Leon P. Haller, Esquire "'-'''f'""":,.,,,,_."...,,;,.,~,~_,~_ , ~ n," I f 1-- ~ 11 ' ,,~"" ~''" , if*_~lmlMi~n_~-ii-~1~~~"t,;.M.X;I~l;ti'J},-<I'",,:- :j""t""-.;:,'<"'i'b;',,,j;'.!t0ir.iJ!,ffil~~_~_ilM'~~_i>lW--,,'lf'"--~' ~w_.,v.,~,","-- ~-'-' ' - -,-.~ .,~ f),~-I>" I~' ' -";CFUFF !'{ ry OCT 2IJ r~ C. !-~) , ." .~ " I" _.I',j .~. ~'. 1:{(;. ~... (\.>, \::--,.-, ", (, ((.ilf' \_) 1i!Ji.::"~ ~i:-~~J it]~:: Ctlb~i' <fa, , , E;;,' ,:,,:?:::5bJ, ,.JJf~JL_ J~I~-:~!jJ~~<H~~~,,~~.mua Ij~,., (tf-;",M',o.,.-)5:tJ"n." n' , ,YFh ."",.,~ ""'''_ ^_~'"J~"",' 1'~ ,r '.-, _" ,',,", "" " . _, _, ,,~,,_ "~, .,. ,"..'. ~. ,,_. '~_"w WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST1W MERGER TO FLEET MORTGAGE CORP. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CML ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE 01 - (;1;),7 G()~l y~ LINDA HERSHEY AND BRIAN W. HERSHEY A.K.A. BRIAN HERSHEY 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 PlJ'RPOSE 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 \\\l1iliIl.,twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and ti1iJ1g,inwriting with the court your defenses or objections to the claims setforth against you. You are warned that if you fail to do so Jm.>i}'se, may proceed without you and a judgment may be ent~red 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 imp6rtant to you. YOU SHOULD TAKE THIS PAPER 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. i',;'NI. "i\L', CUMBERLAND COUNTY LAWYER REFERRAL SERVlCE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 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 VlSO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REQISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBIECCION Cb'Nfu LAS QUEJAS EN ESTA DEMANDA. ':\I1H(" RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU .liARiTlCIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y R'EQtJERIRA 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. '. ,i.., SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVlCIO DE REFERENCIA DEABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVlCE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 p'-'- "r-';{ ;~ . rJj;C SW""'~="'""~"'- ~,. ~ -~~I_- I "': -,~ -or . I ,~ '.., ~ ~""""",~" """ = WASHINGTON MUTUAL HOME LOANS, INC. ~T,JC:CESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE LINDA HERSHEY AND BRIAN W. HERSHEY AKA. BRIAN HERSHEY Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, lS U.S.C. 160l '\\":..'\S': . '~~uc - ii; 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 undersigued 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. i I':. p;', '---,l, , '.,- ",'_r'. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 171 02 (717) 234-4178 Attorney 1.D.# 15700 Attorney for Plaintiff ,\"Jii,"1.il'ii'\W''''''~~'''11'''''''''Il_'!1ilI'\;!. ". """'1" __"",0"_ WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA CNlL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE 01- 1P/;t7 Q.H.}\..l'l-~ LINI>A HERSHEY AND BRIAN W. HERSHEY AKA. BRIAN HERSHEY Defendants COMPLAINT IN MORTGAGE FORECLOSURE . I. Plaintiff is WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., a corporation whose address is P.O. BOX 1169, DEPT. 2665, MILWAUKEE, WISCONSIN 53201. (\ r-( .\.,; 2. Defendant, LINDA HERSHEY, is an adult individual whose last known address is 53 CARLA DRIVE, SHlPPENSBURG, PENNSYLVANIA 17257. Defendant, BRIAN W. HERSHEY AKA. BRIAN HERSHEY, is an adult individual whose last known address is 53 CARLA DRIVE, SHlPPENSBURG, PENNSYLVANIA 17257, 3. On or about, April 03, 1998, the said Defendants executed and delivered a Mortgage Note in the sum of $90,800.00 payable to GATEWAY FUNDING DNERSIFIED MORTGAGE SERVICES, L.P., 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 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to FLEET MORTGAGE CORP. and was recorded in the aforesaid County in Book 175, Page 42. Washington Mutual Home Loans, Inc. is Successor in Interest by Merger to Fleet Mortgage Corp. Said Mortgage and Assignments are incorporated herein. 1 5. The land subject to the Mortgage is: 53 CARLA DRIVE, SHIPPENSBURG, PENNSYLVANIA 17257 and is more particularly described in Exhibit "B" attached hereto. --riW\ffi~'-~'f""'"'~m_#1_ -=~-~ . --~ "'"I ~ -! ' ~.,,~-~ , .~~ ',' ~ -~ ,. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $88,338.70 Interest at $18.15 per day From 02/01/2001 To 11/01/2001 (based on contract rate of 7.5000%) $5,517.60 Accumulated Late Charges $0.00 Late Charges $33.53 From 03/01/2001 to 11/01/2001 $268.24 Escrow Deficit $1,311.16 Attorney's Fee at 5% of Principal Balance TOTAL $4,416.94 $99,852.64 **Together with interest at the per diem rate noted above after November 01, 2001 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 Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure 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. T~'''''",\''<''''''''~-''~,~~ . ., - '1'-" e - 1- ,-I . 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.5000% ($18.15 per diem), together with other charges and .costs including escrow advances incidental thereto t e date of Sheriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) \.- ,':,1>..; ! ;:-, i,;" . V:;\'l'Ii\'iWfS';"9"1""'1"'~-~l!>f;_ ~ ,~" , , ~ ~"-' -1, ~~. Fmc54518 (1696x2200x2 tiff) [8] . ...--..' FHA-G-643870 ~$ ?:/t;1~1 I . . , .I 'Multistate ORIGINAl NOTE FHA Case No.. ~ 441-559724-7 APRIL 03, 1998 (Date) 53 CARLA DRIVE SHIPPENSBURG, PA 17257 [Property AddIlics) 1. PARTIES 'Borrower' means each personsiguing at the end of this Note, and the person's snccessors and assigns. "Lender" means GATBlJAY FlI\!lDDtG DIVERSIFIED MORTGAGE SERVICES, L.P. and its successors and assigns, 2. BORROWER'S PROMISE TO PAY; JNTEIlEST In retumfor. a loan reccivedfrom Lender, Borrowerpromisesto pay the principal sum of Eight Hundred and no/100 Dollars (U.S. $ 90,800.00 ), pins inteJrest, to the order of Lender.Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Seven and one Half percent ( 7 . 500 %) per year until the full amonnt of principal has been paid. Ninety Thousand 3. PROMISE TO PAY SECllRED Borrower's promise to pay is securedby a mortgage, deedof trust or similar security instrumentthatis datedthe same date as this Note and called the "Security Instrwneot." The Security Instrumentprotec!s the Lender from losses which might result if Borrower defanlts under this Note. . 4. MANNER. OF PAYMENT (A) TIme Borrower sbaIl make a paYllleDt of principal and interest to Lender on the first day of each month beginning on JUNE 1998 , . Any principal and interest remaining on the first day of HAY 2028 , will be due on that date, which is called the "Matnrity Date.' (B) Plaee Paymentsballbemadeat one West First Avenue, 2nd F1r Conshohocken, Pa. 19428 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount EachmonthlypaYlllentofprincipalandinterestwill he in the amount of U.S. $ 634.89 . This amount will be part of a 1arge< monthly payment required by the SecuritY Instrument, that sha1l be applied to principal, interest and other items in the order. .described in the Security Instrument. (D) AIlonge.to thls Note rotpayilleot acij~bneots. . . . If aD. allonge proViding fat PaYlllent adjustmentsis exeeuted by BprroWef together with this Note; the covenaDts of the allonge shall be incoqIDratedinto and sha1l amendand suppIementthe covenantsof this Note as if the allonge were a part of this Note. [Check applicable box] o Graduated Paym.;"'t~,~ Gr~ Equity Allonge 0 Other [speeify] . ,.", .... S. BORROWER'S RIGHT TO PREPAY . Borrower has the,right to pay lIu;~t,~denced by this Note, in whole or in part, without charge or penalty, on the first day of any month. LendershaUatl'l'.Pf:m:ePJlYlll.enl:!ln other days provided thatBorrowerpays interest on the amountprepaidfor the remaiDderof the monthto tIie exteutreqw.edby Lender and permittedby regulations of the Secretary. If Borrower makes a p~ prepayment,'there will be no changes in the dne date or in the amount of the monthly payment unless Lender agrees in wnting to those changes. . mAM.........._Ilala.N.... ~5 CIIiL.1R (9801).01 .- ......'>. ;'.' . VMP MORTGABE FOnMS - 18001&21.1291 P8Qlllof2 Initial.: 1111~111~IIIIf,ml!llIjl~1 l00IRl.Frm lxH\~\T 1\ All i"-)-f':~,,,,,,,'''r~., '=--~~"'~Q;lW,",=< ,.. ._. > ~_~~I' I , - ..,1 ~,~ ~,~ .,,= Fmc54548 (1696x2200x2 tiff) [9] FUA-G-643:870 qD1 too 6. BOlUlOWE~S FAILURE TO PAY . .. ...;, I' ...".. :: ' . (A) Late Charge for Overdue Pa,meDts _ If Lender has DOt received the full monthly p"ymeDt required by the Security 11lStn1ment, as described in Pangraph 4(C) of this Note, by the end of fifteen eol....d.r days after the payment is due, Leodermay coDeet a late charge. in the amount of Pour percent ( 4\ (four) %) of the overdue amount of each payment. (B) Default If Borrowerdefaults by faiIiDg to pay in full any monthly payment, thenLendermay, except as limited by regulations of the Secretuyin the case of paymeDt defauIls, reqnireimmediatepayment in full of the principal balance relll';n;ng due and aU accrued interest. Lender may choose Dot to exercise this option wilbont waiving its rights in the event of any subsequent . default. In many ciw.mllhmMuegPlolinM issued by the Secretary.willlimit Lender's rights to require inunediatepayment in full in the case of payment defaults. This Note does Dot authorizeac:celeralionwhen not permittedby HUDregulations. As used in this Note, "Se=tuy" meaDS theSeetetuy of Housing and Urban.DevelopmJ:ll1t or his or her designee. (C) Pa,meat of Costs and Expenses . If Lender has requiredimmediapaymentin full, . as described above, Lendermay reqnireBorrowerto pay costs and expenses including rel'<QII.h1eand custom8IY attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs sbaI1 bear interest from the date of disbursement atthe same rate as the principal of this Note. ,. 7. WAIVERS Borrower and any other penon who has obligations under this Note waive the rights of presentment and noliee of dishonor. "Presentmene' JIJelIOS the right to reqnireLenderto demandpaymentof amounts due. "Notice of dishonor" means the right to reqnire Lender to ~ notice to other persons that amounts due have not been paid. 8. GMNG OF NOTICES Unless applicab1e1aw requires a dilIerentmethod, any notiee that must be given to Borrowerunderthis Note will be given by delivering it or by mailing it by first class mall to Borrower at the property address above or at a dilIerent address if Borrower has given Lender a notice of Borrower's different address. Any notiee thatmust be given to Lenderunder this Note will be given by first class IIlail to Lender at the address statedin Paragraph 4(B) or at a difl'erent address if Borrower is given a notice of tIiat different address. 9. OBUGATlONS OF PERSONS UNDER THIS NOTE If more than ODc:> per80Ilsigns this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including thepromise to pay the full amountowed. Any persoDwho is a gul\1'llUtor. sutety or eodorserof this Note is also obligated to do thesethings. Any person who takes over !hesll obligations, inc1nding the obligations of a guarantor, surely or eodorserof this Note. is also obligated to keep all of the promises madein this Note. Lendermay enl'orceits rights underthis Note against each person iDdividua1ly or against all signatories together. Anyone person signing this Note may be required to pay all of the amounts owed under this Note, si.;;;~:;;;;:;~~-" (Seal) .Borrower (Seal) -Borrower (Seal) -Borrower Pay to the order of Without Recourse Fleet Mortgage Corp. By Aw/1kO PRITI PATEL Document Executing Officer (Seal) -1Iotrower (Seal) -1Iotrower (Seal) -Borrower (Seal) ~Bonawer __ ~1R 188011.01 ~~2.0r2 fOOfR2.FI1n ""~WP"""'-''''''''~W~'''<!f-~~''''''_'~f~' - "'--.~"""I ~ 1 I I~' ~ , , ....:-'~-~ Fmc54548 (1696x2200x2 tiff) [10] . , .. , , ~ . ~ NOTE ALLONGE Allonge to that certain Note Dated: 04/03/98. In the amount of: $ '90,800.00 Re: Address 53 CARLA DRIVE SHIPPENSBURG, PA 17257 Comm~ment Number: To: GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P. without recourse pay to the order of ? flEE MOR1Gfl.GE COR . BY ITS GENERAL PARTNER: / i , GATEWAY FUNDING. INC. '1 .! ALLONG.Frm ""-"'<-""--""'"",""_"",","""-m,,-,,-,~,,,~,"Cl"'IHj' "'~r"""' ~I ", ...., ~: -~ G-643870 ,~ ~""""~' ~-:~ ?,',"-"c::"'"""-"""""",,, " InllUlll1 NOTE - _c ,,--~ Fmc54548 (1696x2200x2 tiff) [7] NOTE Catapult Remote{c) Cop~gblI991-2000 by LOGS Data Center ~- " " . I' Fmc54548 (1696x2200x2 tiff) [5] . . ~. . -' COMMONWEALTH OF . Pennsylvania FMG Loan No 58236727 Effective Date: October 2, 2000 Borrower(s): Brian W. Hershey Linda Hershey Property Address: 53 Carla Drive Shippensburg, P A 17257 COUNTY OF Cumberland COMPLIANCE AGREEMENT The undersigned BOtrower(s}, in consideration of the Subordinate Note and Snbordinate Mortgage or Deed of Trust offered by Fleet Morlgage Corp., its suecessors and/or assigns ("Lender") in the amount of 55,014.28, in connection with reinstating the delinquent loan secured by a Deed of TrnstlMortgage dated April 3, 1998 agrees to fully cooperate with any reasonable requests made by Lender, or its agent, to correct typographical errors in the Promissory Note and Subordinate Mortgage or Deed of Trust enabling Lender to sell, convey, guarantee or obtain insurance for any investor fir institution, including bnt not limited to, the FederalNational Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Cmporation, the Department ofHonsing and Urban Development, the Departnlent of Veterans Affairs, or any municipal bonding authority, to cnsure enforceability of the Promissory Note and Subordinate Mortgage or Deed of Trust. These requests may include, but are not limited tO,all changes, corrections, re-execution or modification of any docwnent related to such loan, as may be required. The undersigned will comply with all requests within thirty (30) days from the date they are made by Lender or its agent. If Borrower(s} tilils to meet its obligations, Borrower(s} acknowledge liability for all costs including, but not limited to, aetua1 expenses, legal fees, coort costs, and marketing expenses incurred by Lender to enforce its rights under the Promissory Note and Subordinate Mortgage or Deed of Trost. f1~Sht:{.rrc!~~ COMMONWEALTII OF Pennsylvania) ) ... COUNTY OF Cumberland ) On the ;23""/ day of ~ in Ibe yeor 2000. before me, the undersigned, personally appeared Brian W. Hershev 8IId Linda Hershev. personally known \0 me. OR. proved to me on Ibe basis of satisfactory eVidence to be Ibe . "".' ,iIlaiv_s(s) whose name(s) is (are) subscribed to the within lnsllUment and acknowledged to me that he / sh./ they executed the ..::.>< III J'.. / their capac~('lOS). that by his / her / their slgnature(s) oa lb. instrum.nt, the individuals(s), or the person apon '_,c., \.. ..:/j ..the .indiv'.) teuted Ibe inslrulllent, and that such iadividusl made snch appearance before the ./ ''::- :.4'~u.1iil~~ . ~ .~ of CommonWealth of Pennsylvania. ~,~. "0.;,,. =''lIlh 'i..:." ...........,. /!t <=.~!. . /~:z 7-(}'t't! . ". ,"> ~ My Commi lOa Ex -~,~". ". ..~ ..~. - _rM....I.... Seal ....~.;,V~'4~.,Q~ ~41.':; _ I",,-ICII :;.,.....;.......~. "'IllIW~~"fnY~~~:. ~~~ i,.,y 6It1=~ E;q,'ires N01/, 26,2QOt I.... ~ ". ~ ..>. . RECORD & RETURNTO: Fi~~. corpoiiiiIliii;Pieet Counseling Services Settlement/Quality Assurance . 2210 Eaterprise Drive, SCIFU2S17 Florence, SC 29S0t Bood652 PAGE. 859 - <. --.,-"-,,,,,!,~, ~~"". -~-!----'-""",,,--~ I of , . ~, ~~ , ~- ~ ~ -!Ii ------ .. Legal Description 11":~1'l' "J..~' Sfluale Ir1 the Township of Southampton. Counly of Cumberland and the Commonwea/lh of Pennsylvania. liaIng Lot No. 29 In Sectl.on S In the ~ Mown 8S Scu\ll Mounte.ln E$la\eS. said plan recorded In Plan Book 22. af page 25. bounded and described as foUcws: Beginning at a point In the Western edge of Carfa DriVe at comer of Lot No. 28 lt1 said Development, theoce by the Western edge of Carla DrIve" South nineteen (19) degrees twenty.elghl (28) mInutes Ihlriy (30) s8CQTlrls Easl. one hundred twenty (126) fee\ to a comer of Lot No. sO-in said 0aveI0pmen\; !hence b)l Lot No. 30 South sevenly (70) degrees lhIrty--one (31) mlnuleS thirty (30) seconds West, one hundred fifty (150) feet to-a polnl al other I8nds now orfonnerly of JOSeph B. Hazzard. al ux; Ulenca now or fOl1J1erly of Joseph 8. Helzzard, at ux, North nineteen (19) degrees twenty.efght (28) mftlules thlrty (30) seconds West. one hundred twenly (120) feet 10 B pml at comer of Lal No. 28i thence by lot No. 28. North seventy (70) degreea \hlrty-one {31} rnInU\e$ lhIrtt (30) aeeonda Eaat. one hundred flI\y (150) feet to a polnlln the Western edge of carla Drive. tho place of beginning. Sublec:llo alllegsl highways. Permanent Percel Number. 39-35-2436-01 g 53 Carle Drlve Shlppensburg, PennSylYenla 17257 ALTACommlbn.nl SI;\\edUlIJC {~~~~~*~~;! ',-"' w.;;,.,.ftti(...,..,.,-,/.~/.~ i~i~':":'i'~~:;::;';:;,~~~f' "',Io,I".<lI!>nru\s\,lllania" "J!~"'';' .. b I I ". ',I -'," r ')""~" ci CIH1l flr em .~J;;'~"~;~~~:, ri~_~ i~ ,.:....~,'\~tlin.tl"l!Jnfl\calm\t\en>r:'{lr,mllQ.. ," ::'c~." .";:"ldd"~~b~r!ilr,dCnUnIY. !l'b~ "in B'J~...m,l_ Vof:::-?1lge- - nO '!!i\~\ ". my hll;nd. ~<1.!\"'1I1 ot oWe ... vQ '\911. Carlisle. PA this 10\ dB t r .Bood580PAG! ..113 " \, 1\6 II Ex t-\\ ~rT . VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff WASHINGTON MUTUAL HOME LOANS, INC. SUCCESSOR IN INTEREST BY MERGER TO FLEET MORTGAGE CORP., Said facts contained herein are made subject to the penalties pf 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 23,2001 .~ Leon P. Haller, Esquire _f'i~\q;:f'F''''''''''!\?f>",..,_ _ ~~ ~~~ , ~~ - - '1-' ., , . eo'" -." .. .-'..".' 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