Loading...
HomeMy WebLinkAbout99-04558,R i. v cI 00 0 1.}C? k 11r -tl 'er i COLUMBIA NATIONAL, INCORPORATED Plaintiff VS. SUSAN LYNN MCCAFFERTY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 79 ?ISS? ?(Uc C !E/Ll*1 CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. N O T I C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S 0 LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 COLUMBIA NATIONAL, INCORPORATED Plaintiff Vs. SUSAN LYNN MCCAFFERTY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff COLUMBIA NATIONAL, INCORPORATED : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. SUSAN LYNN MCCAFFERTY Defendant : CIVIL ACTION - LAW _ : IN MORTGAGE FORECLOSURE C 0 M-- L A I N T I. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a { Maryland Corporation, with an address of 7142 Columbia Gateway Drive, Columbia, Maryland 21046-2132. 2. Defendant, SUSAN LYNN MCCAFFERTY, is an adult individual whose last known address is 1915 PRINCETON AVENUE, 12AMP HILL, PENNSYLVANIA 17011. 3. On or about January 4, 1994, the said Defendant executed and delivered a Mortgage Note in the sum of $86,450.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A°. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1190, Page 770 conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 1915 PRINCETON AVENUE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B° attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on January 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 81,302.19 (b) Interest at $15.42 per day from 12/1/98 to 811199 (based on contract rate of 7.370%) 3,747.06 (c) Accumulated Late Charges 140.20 (d) Late charges at $19.63 per month for 8 months 157.04 (e) Escrow 0.00 (f) S, Attorney's Commission 4,065.11 $ 99,411.60 *Together with interest at the per diem rate noted in (b) above after August 1, 1999 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 foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. 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 7.370% ($15.42 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL CRU & ?R By Le P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 Multistate FHA Case No. ADJUSTABLE RATE NOTE 441-4794189-729 JANUARY 4TH , 1994 [Date] 1915 PRINCETON AVE. CAMP HILL, PENNSYLVANIA 17011 1. PARTIES ]Property Address] "Borrower" means each person signing at the time of this Note, and the person's successors and assigns. "Lender" means COLUMBIA NATIONAL, INCORPORATED, A MARYLAND CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY SIX THOUSAND FOUR HUNDRED FIFTY AND 00/100 Dollars(U.S.$******86,450.00), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the dateofdisbursementoftheloan proceeds by Lender, ata rate Of FIVE AND ONE-HALF percent (* * * * * * * * *5 .500 %) per year. The interest rate may change in accordance with Paragmph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MARCH 01 1994 Any principal and interest remaining on the first day of FEBRUARY 01 2024 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at COLUMBIA NATIONAL, INCORPORATED , P,O. BOX 905, COLUMBIA, MARYLAND 21044-0905 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of $ .... ***"*490.86. This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E)ofthis Note. S. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of APRIL 01 1995 and on that day of each succeeding year. "Change Date" means each date on which the interest rats could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly FHA Multistate Adjustable Rate Note - 2/91 Pao* 1 of 3 % . Ck-590 (9103) VMP MORTGAGE FORMS 'J313)2938100 (8001521-7291 Inlllalr. , FAN1 01/03/94 3:45 PM 02001765 average yield on United States Treasury Securities adjus Federal Reserve B ted to a constant maturity ol'one year, as made available by the Board. "Current Index" means the most recent Index figure available 30 days before; the Change Date, If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate anew interest rate by adding a margin of TWO percentage point(s) ( •••......2 .000 %) to the Current Index and rounding the sum to the nearest onc•cighlh of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount begitming on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( • • • • • •.......4 , 00%) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the 1590 I9I03I FAN1 01/03/94 P... 203 3:45 PM 02001765 event of any subsequent default. 'T'his Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursementat the same rate as the principal of this Note. 8. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to gi ve notice to other persons that amounts due have not been paid. 9. GIVINGOFNOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing 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 address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at adifferent address if Borrower is given a noliceof that different address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than orie person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) 1,4 SUSAN LYNN MCCAFFERTV -Borrower -Borrower -(Seal) -Borrower (Seal) -Borrower .- (o®590 (91031 P., 3.1 3 FANS 01/03/94 3:45 PM 02001765 ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated August 31, 1972, and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the southern line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Avenue and 19th Street measured in a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and 8 on the hereinafter mentioned Plan of Lots to a point; thence extending South 59 degrees 43 minutes West 60 feet to a hub; thence extending North 30 degrees 17 minutes West 120 feet along the dividing line between Lots 8 and 9 on the hereinafter mentioned Plan of Lots to a hub on the southern line of Princeton Avenue; thence by said line North 59 degrees 43 minutes East 60 feet to a point, the place of BEGINNING. HAVING THEREON erected a two story brick dwelling known and numbered as 1915 Princeton Avenue, Camp Hill, PA. 4?. .?.. •• :twY + +r•, the recordingofveula ' 1 1 of PJ i:ou ? ,. IN-? q- I t+ul - Page ..L_Lv s J al of o is of .,.this day o 19- % R cord rpail.l.Jll F+GE 7if; COMPANY NAME : allMUA NMO AL, DMRTTMM VERIFICATrON I verity that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of is Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: JulY 22, 1999 Sharon Phillips-Cary Title Assistant Treasurer t IIZZ. M c k ,Q u H u •wccun nocc?uneccuc•,e acne a mac aa.uem ron ac.ccir SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-04558 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS. MCCAFFERTY SUSAN LYNN R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: MCCAFFERTY SUSAN LYNN but was unable to locate Her in his bailiwick. He therefore returns the NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named defendant MCCAFFERTY SUSAN LYNN DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING WITH THE P.O., HOUSE IS EMPTY. Return not found as per Atty 8/3/99. Sheriff's Costs: So answ s: Docketing 18.00 Service 9.30 Not Found Return 5.00 ff99y?f Surcharge 8.00 II?? omas ine, eri $?D 08/04%139 9UG & HALLER Sworn and subscribed to before me this y -q-- day of 1999 A.D. ro ono ar COLUMBIA NATIONAL, INCORPORATED Plaintiff VS. SUSAN LYNN MCCAFFERTY Defendant THIS LAW FIRM IS A DEBT TO COLLECT A DEBT OWED OBTAINED FROM YOU WILL COLLECTING THE DEBT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 9?f lJJ? l !Ul °<.21? : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE COLLECTOR AND WE ARE ATTEMPTING TO OUR CLIENT. ANY INFORMATION BE USED FOR THE PURPOSE OF N O T I C E You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 A V I S 0 LEHAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA UEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Cumberland County Bar Association 2 Liberty Ave., Carlisle, PA 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and tha seal of said Cot at Carlisle, Pa. Thi572 ay of 19 2? rn4thonotary COLUMBIA NATIONAL, INCORPORATED Plaintiff Vs. SUSAN LYNN MCCAFFERTY Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW - : IN MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff COLUMBIA NATIONAL, : IN THE COURT OF COMMON PLEAS INCORPORATED : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. SUSAN LYNN MCCAFFERTY CIVIL ACTION - LAW - Defendant IN MORTGAGE FORECLOSURE C O M P L A I N T 1. Plaintiff, COLUMBIA NATIONAL, INCORPORATED, is a Maryland Corporation, with an address of 7142 Columbia Gateway Drive, Columbia, Maryland 21046-2132. 2. Defendant, SUSAN LYNN MCCAFFERTY, is an adult individual whose last known address is 1915 PRINCETON AVENUE, CAMP HILL, PENNSYLVANIA 17011. 3. On or about January 4, 1994, the said Defendant executed and delivered a Mortgage Note in the sum of $66,450.00 payable to COLUMBIA NATIONAL, INCORPORATED, which Note is attached hereto and marked Exhibit "A" 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1190, Page 770 conveying to original Mortgagee the subject premises. Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 1915 PRINCETON AVENUE, CAMP HILL, PENNSYLVANIA 17011 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on January 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 81,302.19 (b) Interest at $15.42 per day from 12/1/98 to 8/1/99 (based on contract rate of 7.3701) 3,747.06 (c) Accumulated Late Charges 140.20 (d) Late charges at $19.63 per month for 8 months 157.04 (e) Escrow 0.00 (f) 5% Attorney's Commission 4,065.11 $ 99,411.60 *Together with interest at the per diem rate noted in (b) above after August 1, 1999 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 foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. 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 7.370% ($15.42 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. PURCELL-,ARUW & ,yfAIA-ER By / i Le P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 Multistate FHA Case No. ADJUSTABLE RATE NOTE [441-4794189-7729 JANUARY 4TH , 1994 [Date] 1915 PRINCETON AVE. CAMP HILL, PENNSYLVANIA 17011 1. PARTIES [Property Address] "Borrower" means each person signing at the time of this Note, and the person's successors and assigns. "Lender" means COLUMBIA NATIONAL, INCORPORATED, A MARYLAND CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY- INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY SIX THOUSAND FOUR HUNDRED FIFTY AND 00/100 Dollars (U.S.$•*`*86,450.00), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate of FIVE AND ONE-HALF Percent (•» • «- - * *.5 , 500 %) per year. The interest rate may change in accordance with Paragraph S(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OFPAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MARCH 01 1994 Any principal and interest remaining on the first day of FEBRUARY 01 2024 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at COLUMBIA NATIONAL, INCORPORATED , P,0. BOX 905, COLUMBIA, MARYLAND 21044-0905 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount Of $ **********490 86 This amount will be part of a larger monthly payment required by the Security Instrument thatshall bplieedd to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of APRIL 01 199 succeeding year. "Change Date" means each date on which the interest rate could change. and on that day of each (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly 690 191031 FAN1 Pp. 1013 VMP MORTGAGE FORMS' 13 1 312 9 3-9 100'(800)521-7291 h(V0 "J" 01/03/94 3:45 PM tate Note - 2191 mna.: : [ 02001765 average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate anew interest rate by adding a margin of TWO percentage point(s) ( ' • •''"''2 , 000 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The interest rate will never increase or decrease by mote than one percentage point (1.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth ;i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( """"'**'*4.00%) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the 890 IGtWI Ngs 2 oft Inltialc r "I FAN1 01/03/94 3;45 PM 02001765 event of any subsequent default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 8. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVINGOFNOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing 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 address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. OBLIGATIONSOFPERSONSUNDER TEISNOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of ttds Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. _7 (Seal) SUSAN LYNN MCCAFFERTY ?-Borrower (Seal) -Borrower -Borrower -Borrower Mi590 121031 P.2. 3.13 FAN3 01/03/94 3;45 PM 02001765 ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated August 31, 1972, and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the southern line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Avenue and 19th Street measured in a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and 8 on the hereinafter mentioned Plan of Lots to a point; thence extending South 59 degrees 43 minutes West 60 feet to a hub; thence extending North 30 degrees 17 minutes West 120 feet along the dividing line between Lots 8 and 9 on the hereinafter mentioned Plan of Lots to a hub on the southern line of Princeton Avenue; thence by said line North 59 degrees 43 minutes East 60 feet to a point, the place of BEGINNING. HAVING THEREON erected a two story brick dwelling known and numbered as 1915 Princeton Avenue, Camp Hill, PA. Ss ?• .. e:wt tc, the recordirtgtif`ENodds.. .... '1 b :anu Cou -" L - Pags LL1 nan eal of o is of - this day o 1? ON .. 4 i ! 111 F+GE < <? COMPANY NAME : O2[P3IA L. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of is Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: July 22, 1999 sy_?f11 111 J?e?? C? s`baron vaPhillips-Carv Title Assistant Treasurer r OFFICE OF THE SHERIFF CUP" ... , i ,14TY o 4 JuL 18 1 ii PM 199 ?, PENNSYLVANIA COLUMBIA NATIONAL INCORPORATED Plaintiff vs. SUSAN LYNN MCCAFFERTY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - No. 99 4558 CIVIL TERM IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: January 26, 2000 PURCELL, KRUG & HALLER BY LeP. ler, Esquire 1719 rth Front Street Harrisburg, PA. 17102 Attorney for Plaintiff Attorney ID# 15700 r• c ?i [ 5 NM t.4.-EO asI .-Ie 1.. 1.-]. xs I[0 ONp 00 Awns W031 nVAS'TY SHERIFF'S RETURN - REGULAR CASE NO: 1999-04558 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS MCCAFFERTY SUSAN LYNN SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT/MORT-FORECLOSUR was served upon MCCAFFERTY SUSAN LYNN the DEFENDANT , at 0015:19 HOURS, on the 31st day of January 2000 at 1915 PRINCETON AVENUE CAMP HILL, PA 17011 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT/MORT-FORECLOSUR together with REINSTATED W/NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Posting 6.00 Surcharge 10.00 .00 43.30 Sworn and Subscribed to before me this 1 ; day of ?aP?- ?cv1 A. D. rothonotary So Answer ?eRfMC +a?' R. Thomas Kline 02/09/2000 PURCELL, KRUG HALLER By: ` Deputy hex'ff SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 1999-04558 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS. MCCAFFERTY SUSAN LYNN R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT MCCAFFERTY SUSAN LYNN by United States Certified Mail postage prepaid, on the 31st day of January 2000 at 000800 HOURS, at 174 PENNSYLVANIA AVE # 3 WESTMINSTER, MD 21157 a true and attested copy of the attached COMPLAINT/ MORT-FORECLOSUR. Together with REINSTATED W/NOTICE The returned receipt card was signed by ILLEGIBLE SIGNATURE on 02/03/2000 . Additional Comments: Sheriff's Costs: Docketing 6.00 Cert Mail 3.54 Affidavit .00 Surcharge 10.00 .00 19.54 Paid by PURCELL, KRUG & HALLER Sworn and subscribed to before me this 25 ° day ofd .2Lv- A.D. T I Prothonotary So ans s Thomas Kline Sheriff of Cumberland Coun on 02/09/2000 . ty SHERIFF'S RETURN - U.S. MAIL CASE NO: 1999-04558 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COLUMBIA NATIONAL INCORPORATED VS MCCAFFERTy SUSAN LYNN R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT MCCAFFERTY SUSAN LYNN , by United States Mail postage prepaid, on the 31st day of January 2000 , at 0008:00 Hours, at 174 PENNSYLVANIA AVE 2 a true and attested copy of the attached COMPLAINT/MORT-FORECLOSUR. Sheriff's Costs: Docketing Postage Affidavit Surcharge So answers: 6.00 - .92 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County 16.92 PURCELL, KRUG & HALLER 02/09/2000 Sworn and subscribed to before me this 75 z day of <Gti?s y a7 ova A. D. 1?c Pro otary % ' `?- _.?_?. w_.. _.. .__. _ -.tom.. ^Vi•. _:!J 1 c SENDER: 0 c t i l I also wish to receive the follow- ompe e tems 1 and or z for addiuonat services. Complete nema 3,4a. and 4b. ing services (for an extra fee): f 0 Pool your namB and address on the inverse of This loon so that we can rewan this card to you. ? Attach this form to the bout of the nuolpiace. or an tore book it spew does not 1. ? Addressee's Address (m perms. l W ' ' ' 2. ? Restricted Delivery c, 1 n O e Relum Racolp Requested on the madpiew below the article number. O The Return Receipt will show to whom the article was delivered and me date O delivered. 3. Article Addressed to: 4a. ARicie Number M 3 3 acs Susan Lynn McCafferty 17 4D. service Type Registered eRtfied 4 Pennsylvania Ave f, 4 ? Express Mail ? Insured Westminster, MD 2115- We ? Return Receipt for Merchandise ? COD 7. Date of Delivery . 5. Received By: (Print Name) 0. Addressee's ddre s (Only rerequesled and lee is paid) c 6. Sgnature (Addressee or Agent) N Ps Farm 3811, December 1994 102595-99 e-0223 Domestic Return Recelpl d 6 or W m AX as N o T ' C 4 k ` t COLUMBIA NATIONAL INCORPORATED, PLAINTIFF VS. SUSAN LYNN MCCAFFERTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 04558 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in remit in favor of the Plaintiff and against Defendant SUSAN LYNN McCAFFERTY 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 $81,302.19 Interest $ 3,747.06 (Per diem of $15.42 from 12/1/98 to 8/1/99) Accumulated late charges $ 140.20 Late charges $ 156.04 ($19.63 per month to 8/99) Escrow Deficit $ 5% Attorney's Commission $ 4,065.11 TOTAL $99,411.60** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I .HOMEM1IKFIDOCSICUMERLAIMCCAFFER P as P • J co 2 "' 71 ? J :7 ' U) - 7 c :j j 3 It COLUMBIA NATIONAL INCORPORATED, PLAINTIFF VS. SUSAN LYNN McCAFFERTY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 04558 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on MAY 24, 2000 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 1.57-7 -415700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 COLUMBIA NATIONAL, INCORPORATED Plaintiff Vs. SUSAN LYNN MCCAFFERTY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-S-4558 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: May 24, 2000 TO: SUSAN LYNN MCCAFFERTY 174 PENNSYLVANIA AVENUE, 43 WESTMINISTER, MD 21157 SUSAN LYNN MCCAFFERTY 1915 PRINCETON AVENUE CAMP HILL, PA 17011 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-249-3166 PURCELL, KRUG & LLER By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 717-234-4178 -i --- 1 i 1- -? LI Ll . It n ems V 11 . 01 COLUMBIA NATIONAL INCORPORATED, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 1999 04558 SUSAN LYNN McCAFFERTY, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF MMGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on 'a /3 _;2 pro the following judgment has been entered against you 'in the above- captioned matter: $99,411.60 and for the sale and foreclosure of your property located at: 1915 Princeton Avenue, Camp Hill, PA 17011 Dated ??OVv et,?' n.., PROTHONOTARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Susan Lynn McCafferty 174 Pennsylvania Avenue #3 Westminster, MD 21157 Susan Lynn McCafferty 1915 Princeton Avenue Camp Hill, PA 17011 COLUMBIA NATIONAL INCORPORATED, : IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 1999 04558 SUSAN LYNN McCAFFERTY, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally- appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : befo e this day : of ?% 20 v-r? otl ry Pu I c? LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERRET1 Notary Public LOWER PAYTONN/P., DAUPHIN County My Commission ExplresAL'GUST 8, 2002 ?_ ' ;` = _ ?- ?:; -? :?- -?` ..??J `) ` 1 __ ? ?!U '. 2 O v ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r' CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: COIUMBIA NATIONAL INCORPORATED, Plaintiff ( ) Confessed Judgment (xx) Other In Mortgage Foreclosure File No. 1999 04558 VS. SUSAN LYNN McCAFFERTY, DEFENDANT Amount Due per Judgment: $ 99,411.60 Interest franc8/1/99 $ 6,168.00 ($15.42) Late charges $ 255.19 (19.63) Escrow deficit $ 2,893.12 TO THE PROTHONOTARY OF THE SAID COURT: WRIT $108,727.91 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) Real Estate: 1915 Princeton Avenue. Camo Hill PA Sale date: 9/6/00 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Ctmbprland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Real Estate: as indicated above Real Owner: Susan Lynn McCafferty and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Q (Indicate) Index this writ against the garnish e(s) as a lis pendens against real e e `f the defendant(s) described in the attached exhibit. Date 6/12/00 Signature: ` Print Name: Leon P. Haller, Esquire Purcell, Krug & Haller Address: 1719 North Fr=f- Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717 234 4178 Supreme Court ID No.: PA #15700 (over) V O f:- y - zL c ;'r r'a iin C1 .f C} L V P 1 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated August 31, 1972, and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the southern line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Avenue and 19th Street measured in a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and 8 on the hereinafter mentioned Plan of Lots to a point; thence extending South 59 degrees 43 minutes West 60 feet to a hub; thence extending North 30 degrees 17 minutes West 120 feet along the dividing line between Lots 8 and 9 on the hereinafter mentiuned Plan of Lot to a hub on the southern line of Princeton Avenue; thence by said line North 59 degrees 43 minutes East 60 feet to a point, the place'of BEGINNING. HAVING ERECTED THEREONf a two story brick dwelling house known as 1915 Princeton Avenue, Camp Hill, PA. BEING THE SAME PREMISES WHICH Thomas J. D'Annunzio, III and Susan W. D'Annunzio by deed dated 1/4/94 and recorded in Cumberland County Deed Book S-26 Page 1176 granted and conveyed unto Susan Lynn McCafferty. TO BE SOLD AS THE PROPERTY OF SUSAN LYNN MCCAFFERTY ON JUDGMENT NO. 1999 04558. TAX PARCEL: 01-22-0536-328 e,, COLUMBIA NATIONAL INCORPORATED, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 1999 04558 SUSAN LYNN McCAFFERTY, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1915 Princeton Avenue, Camp Hill, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): Susan Lynn McCafferty 174 Pennsylvania Avenue #3 Westminster, MD 21157 Susan Lynn McCafferty 1915 Princeton Avenue Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): U.S. Department of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 20410 U. S. Department of Housing & Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE CUMBERLAND COUNTY COURTHOUSE HIGH AND HANOVER 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 relati 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: June 12, 2000 Y" `-' ?- ?_?? N ?'? r,_? T f1 ")'P ;J jj ti J?l?j :?j ?] ? U- ?' <:i W COLUMBIA NATIONAL INCORPORATED, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 1999 04558 SUSAN LYNN McCAFFERTY, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, September 6, 2000 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: 1915 Princeton Avenue Camp Hill CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 1999 04558 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: SUSAN LYNN McCAFFERTY V 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 mortgagee 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 YOV IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This W 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 r LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered, Surveyor, dated August 31, 1972, and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the southern line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Avenue and 19th Street measured Ln a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and 8 on the hereinafter mentioned Plan of Lots to a point; thence extending South 59 degrees 43 minutes West 60 feet to a hub; thence extending North 30 degrees 17 minutes West 120 feet along the dividing line between Lots 8 and 9 on the heretnaf*er mentioned Plan of Lots?to a hub on the southern line of Princeton Avenue; thence by said line North 59 degrees 43 minutes East 60 feet to a point, the place'of BEGINNING. HAVING ERECTED THEREONf a two story brick dwelling house known as 1915 Princeton Avenue, Camp Hill, PA. BEING THE SAME PREMISES WHICH Thomas J. D'Annunzio, III and Susan W. D'Annunzio by deed dated 1/4/94 and recorded in Cumberland County Deed Book 5-26 Page 1176 granted and conveyed unto Susan Lynn McCafferty. TO BE SOLD AS THE PROPERTY OF SUSAN LYNN MCCAFFERTY ON JUDGMENT NO. 1999 04558. TAX PARCEL: 01-22-0536-328 ti Cl) - t_ Ci ? J COLUMBIA NATIONAL INCORPORATED, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SUSAN LYNN MCCAFFERTY, NO. 1999 04558 DEFENDANT IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I hav, d sited in the U.S. Mails at Harrisburg, Pennsylvania on a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Susan Lynn McCafferty 174 Pennsylvania Avenue #3 Westminster, MD 21157 Susan Lynn McCafferty 1915 Princeton Avenue Camp Hill, PA 17011 U.S. Department of Housing & Urban Development 451 7th Street - Southwest Washington, D.C. 20410 of Washington, D.C. U. S. Department of Housing & Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 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 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. K)RC1:L1. TELEPHONE (717) 2344178 HOWARD H. KRUO FORECLOSURE DEPT. FAX (717) 234.1206 LEON 1'. IIALI.Ht JOHN W. 11IIt('ELI..IR. 13RIAN J. 'I 'Y1-FR 111.1. M. WINRKA (21]15330838 NOTICE TO: Susan Lynn McCafferty 174 Pennsylvania Avenue H3 Westminster, MD 21157 Susan Lynn McCafferty 1915 Princeton Avenue Camp Hill, PA 17011 U.S. Department of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 20410 U. S. Department of Housing & Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY 119104982) ANTHONY DISANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and at you have an opportunity to protect your interest, if ,? being notified of said Sheriff's Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff COLUMBIA NATIONAL INCORPORATED, c IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 1999 04558 SUSAN LYNN McCAFFERTY, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, September 6, 2000 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO HE 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: 1915 Princeton Avenue Camp Hill CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 1999 04558 THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property is: SUSAN LYNN McCAFFERTY A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 71.7-249-3166 Legal Services, Inc. 9 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This 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) 234-4176 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated August 31, 1972, and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the southern line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Avenue and 19th Street measured in a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and 8 on the hereinafter mentioned Plan of Lots to a point; thence extending South 59 degrees 43 minutes West 60 feet to a hub; thence extending North 30 degrees 17 minutes West 120 feet along the dividing line between Lots B and 9 on the hereinafter mentioned Plan of Lot to a hub on the southern line of Princeton Avenue; thence by said line North 59 degrees 43 minutes East 60 feet to a point, the place'of BEGINNING. HAVING ERECTED THEREONf a two story brick dwelling house known as 1915 Princeton Avenue, Camp Hill, PA. BEING THE SAME PREMISES WHICH Thomas J. D'Annunzio, III and Susan W. D'Annunzio by deed dated 1/4/94 and recorded in Cumberland County Deed Book 5-26 Page 1176 granted and conveyed unto Susan Lynn McCafferty. TO BE SOLD AS THE PROPERTY OF SUSAN LYNN MCCAFFERTY ON JUDGMENT NO 1999 04558. TAX PARCEL: 01-22-0536-326 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS COLUMBIA NATIONAL INCORPORATED NO. 1999.04558 Plaintiff CIVIL ACTION - LAW venue IN MORTGAGE FORECLOSURE SUSAN LYNN MCCAFFERTY Ddendant Know all persons by these presents that I, J-,oh?I III I , was assigned to duly execute this service upon the following defendant: SUSAN LYNN M CAFFERTY at 174 PENNSYLVANIA AVENUE #3 WESTMINSTER MD 21157. 1 hereby depose and say: 1) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator. 1 hereby certify that on a Z6 Z???at approximately S Z ?a.m. ?!p.m. a true and correct copy of the NOTICE OF S EH RIFFS SALE were served on the above-named party or witness in the following manner: M I personally delivered them into the hands of the person to be served. ? By leaving a copy at his/her usual place of abode with whose relationship to the defendant is and who is of suitable age and discretion and also residing therein. ? By leaving a copy with the manager/clerk of place of lodging in which defendant resides. ? By leaving a copy with the agent in charge of defendant's office or usual place of business. Job title or position of agent is ? After due and diligent efforts, described below, I was unable to serve the process Description of Recipient: ? NO 11 ? Sex: W Race: I- Approximate Height: _ Approximate Weight: _ Approximate Age; '30 FURTHER AFFIDAVIT SAYTH NOT. r - Signature=of rocess Serve Subscrib d and sworn to before me this ay 7 d ?G a 2000. Noflxi?Public r ti 0" m s ? Postaso 4 ru S Gen?IieE Fee m ° Return Recmpt Fce IEntloreemem RePw,Ml ° Reslncled OelNnry Fen ° IEntlorsemenl PeRw,odl G Total Postage 8 Fees $ m m Name(l 29- Us ? p SUSAN LYNN MCCAFFERTY ° 1915 PRINCETON AVENUE °- Ciry. St. r CAMP HILL PA 17011 m m N rnsinge s 5 NpRRISg\ ce,ueea Fee ? . c? co Y 'a'p1gg' Relum Rec F Ql e?pI ee m ° (Endorsement Reeeneel ,? cNeta y (, ° Resl,lcled Uehvery R. ° (Fnf1e15pn l R V 6 / ten epiCred ° Total Postage 6 Fee, $ N SUSAN LYNN MCCAFFFRTY ° 174 PENNSYLVANIA AVENUE #3 '......... `ry 5 WESTMINSTER MD 21157 . JAN 0 4 2000 COLUMBIA NATIONAL INCORPORATED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 4558 CIVIL TERM SUSAN LYNN MCCAFFERTY, Defendant IN MORTGAGE FORECLOSURE ORDER FOR SERVICE AND NOW, to wit, this 16+h day of ,? O, upon consideration of the within Motion, it a pearing that a good faith investigation and effort to locate the Defendant, Susan Lynn McCafferty, has been made by Plaintiff, it is hereby ORDERED that service of the Complaint be made by posting a copy of the original Complaint on the most public part of the property located at 1915 Princeton Avenue, Camp Hill, PA 17011, and by forwarding a copy of the Complaint by certified mail and ordinary mail (service to be completed upon mailing) to Defendant, Susan Lynn McCafferty, at her last known address located at 174 Pennsylvania Avenue, #3, Westminster, MD 21157, and by publication pursuant to Rule 430(b); AND FURTHER, that in the event this case should be reduced to judgment and execution shall be issued, service upon the Defendant pursuant to Rule 3129.2(c) (1) (C) shall be effected by mailing copies of the required notices to the Defendant at her last known address by certified mail and ordinary mail (service to be completed upon mailing) and by posting a copy of the Notice of Sale or Sheriff's handbill on the most public part of the premises and by publication by Sheriff pursuant to Pennsylvania Rule of Civil Procedure 3129.2(d). BY THE COURT IW4 - J wt;tnn;'•,!icr: a;tyhard acd the sya! of sdiu Court yf?Carli le, Pa. ihi 4A112 f )U ?a Pry' n+h?.?_/ Re: Columbia Nat'l vs. McCafferty Cumberland County Sale 9/6/00 Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Susan Lynn McCafferty 174 Pennsylvania Avenue #3 Westminster, MD 21157 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Susan Lynn McCafferty 1915 Princeton Avenue Camp Hill, PA 17011 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: Postm H \" U.S. Department of Housing & Urban Development of Washington, D.C. / 451 7th Street - Southwest $ Washington, D.C. 20410 r is Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: U. S. Department of Housing & Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 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 ii <: `V I: 2 Ll cn C r • COLUMBIA NATIONAL, IN THE COURT OF COMMON PLEAS INCORPORATED CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION - LAW - No. 99 4558 SUSAN LYNN MCCAFFERTY Defendant IN MORTGAGE FORECLOSURE PROOF OF PUBLICATION PURCELL, KRUG & HALLER ,Leon P. -Fuller, Esquire 1719 North Front Street Harrisburg, PA. 17102 (717) 234-4178 Attorney ID # 15700 Attorney for Plaintiff PROOF OF OU13LICATION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that T HE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly Issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and Issues of THE SENTINEL on the following dates, viz January 29, 2000 further deposes that he is not interested in Iject matter of the aforesaid notice or sement, and that all allegations in the ng statement as to time, place and character !cation are true. Febr 1, 2000 FICESEEr""'n to and subscribed before me this 1st .AN GET: f February ,2000 Notary Public y 717,2U-4178 : %)mmission expires: NOTARIAI. SEAL SHIRLEY 0. DURNIFI. ry P;,p,lic Carlisle Bnro., Cum!mn^-;i Coun'y MY Ccr:. r,iss:nn Erc!?? nut D. 2(r)3 01: P%Mulc ?i-N of \Nei., ev+spoper o\ ennsylvania, ?t ?urnberiand' otTNeENt\NE?Qe ember tali e ogee and sale Was as bush 0e printed and pdvetl n(J Mana9er dap stores,, regular lion SO 1% M9 duly sworn, to uad M said county' in 08 a edi t nd state NOrd rasa\d, pub\iaha Metal a n%ad and GC1? ?iassiiied h 0 ri\s\e, sotoljo 11. hag been e a r+tY'a ont+% to Ne seV, acw the a" , via d?a?d ?ret° to to\iowing dates, th Yi p?.. :4L- 1 ?-w. , ?anuarY ? ' not interested in deposes that Tesaid notice or q? p{fianUblect Matte, d t„at a0 aiiegat+ace and character 173 ' ' the s isement, an erlt as to time: p for 9°in` t area a true Ot pubii 9 ?. 2000 ? ? ?' ?YA?. ? Febr Y ` R P ethis 1s/ _ ------'' beforem to and subscribed 2000 SWOrn Februa - ?? public Notary ,? day of expires' MY c'00'ssion N!"ll 'PtAt.Stp? y?utK SN\P1EY ?t??i i? ed,w 13 CaTV EY, EY1F: MY N a jC V ? \v?J Fa FI ?J G W NM DGI[DA7 GGI[DID CGI(DlD'[G?[D pI PNOf OO ?IJJM b03131Y16'tly r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - No. 99 4558 IN MORTGAGE FORECLOSURE PROOF OF PUBLICATION PURCELL, KRUG & HALLER Leon P. Haller, Esquire 1719 North Front Street Harrisburg, PA. 17102 (717) 234-4178 Attorney ID # 15700 Attorney for Plaintiff COLUMBIA NATIONAL, INCORPORATED Plaintiff VS. SUSAN LYNN MCCAFFERTY Defendant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.I784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, FEBRUARY 4, 2000 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 Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 4 day of FEBRUARY, 2000 NOTARIAL SEAL L045 E. SNYDER, Notary Publk CadW, (ICro, Cumberlond County, PA My Comnw;w "Expire Moah S, 2001 .44e NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, PA Civil Acton-Law No. 99 4558 Civil Term COLUMBIA NATIONAL. INCORPORATED PLAINTIFF v5. SUSAN LYNN McCAFFERTY DEFENDANT MORTGAGE FORECLOSURE TO: SUSAN LYNN McCAFFERTY: You are hereby notified that on July 27, 1999, Plaintiff. COLUMBIA NATIONAL. INCORPORATED, filed a Mortgage Foreclosure Complaint en. dorsed with a Notice to Defend against you in the Court of Common Pleas of Cumberland County, Penn- sylvania, docketed to No. 99 4558 CIVIL TERM wherein Plaintiff seeks to foreclose its mortgage securing your property located at 1915 PRINCETON AVENUE, CAMP HILL. PA 17011 whereupon your property would be sold by the Sheriff of Cum- berland County. You are hereby notified to plead to the above referenced Complaint on or before 20 DAYS from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections In writing with the Court. You are warned that if you fall to do so, the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVEA IAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland County Courthouse Fourth Floor Carlisle. PA 17013 (7171240-6200 LEON P. HALLER. ESQUIRE 1719 North Front Street Harrisburg. PA 17102 (717) 234-4178 Feb. 4 Cumbertaud Notices 8 w a s MM'KIN•ApGGILG•?G CGIL9.1B iG1t5 ON 3610) 0'j AlNl15 M1G31 ]LV15'l1V STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Ss. llobert P Ziegler f------------------------------------------------------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which ---------------- Secretary of Housing & Urban DEvelopme.nt of Washington ---------------------------•-------------------------------------------------------- is the grantee the same having been sold to said grantee on the __ 6th ----------------------------------------- day of September 2000 ______________________________ A. D., under and by virtue of a writ______________ Execution 13th ----------- issued on the June xx2000 day of __________________________ A. D., out of the Court of Common Pleas of said County as of ---------------------- civil-., -------------------------------------------------- Term, 19 --- 99 4558 Columbia. Na.tl Inc Number --------------- atthe suit of --------------------------------------------------------------- -°-------------------------------- against--- Susan ------------ Lynn McCafferty ------------------------------------- duly recorded in Sheriffs Deed Book No. 235 -- Page 1103 ------ IN TESTIMONY WHEREOF, I have hereunto set my hand and seal) of said office this day of -L " ----------- A. Recorder of Deeds Recorder N nook &ffk"bWC?a?, hRk IM IlpCome" tomw1:1Maalt/ilhalllf Columbia National Incorporated -vs- Susan Lynn McCafferty In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-4558 Civil Shannon M. Sunday, Deputy Sheriff, who being duly sworn according to law, says on July 11, 2000 at 1:45 o'clock P.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Susan Lynn McCafferty located at 1915 Princeton Avenue, Camp Hill, Cumberland County, 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 Susan Lynn McCafferty by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to 174 Pennsylvania Avenue, Westminster, Maryland. This letter was mailed under the date of July 27, 2000 and received by Susan L. McCafferty on August 9, 2000 the return receipt card signed by Susan McCafferty. 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 the defendant to wit: Susan Lynn McCafferty to 1915 Princeton Avenue, Camp Hill, Pennsylvania. This letter was mailed under the date of August 7, 2000 and never returned to the Sheriffs Office. r. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice hand been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvanian on September 6, 2000 at 10:00 o'clock A.M.EDST, and sold the same for the sum of $ 1.00 to Attorney Leon P. Haller for The Secretary of Housing and Urban Development of Washington D.C., his successors and/or assigns. It being the highest bid and best price quoted for the same The Secretary of Housing and Urban Development, of Washington D.C., his successors and/or assigns of One Sentry Place. 475 Sentry Parkway, suite 5000, Blue Bell, Pa being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 825.19 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 16.16 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 18,60 Certified Mail 9.24 Levy 15.00 Surcharge 20.00 Law Journal 307.25 Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed Sworn and Subscribed To Before Me This /9 ? Day of 2000, A.D,Q. 7x?ll?? nPa Pro otary 261.41 23.53 25.00 27.50 $825.19 Pd By Atty 9/22/00 So Answe s., r R. Thomas Kline, Sheriff By AL:,, g,&- Real Estate Deputy COY 93 )0' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication JnderBct No. 587. Rnorod Mau 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) as James L. Clark being duly sworn according to law, deposes and says: That he is the Accounts Receivables Manager of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT- NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editions/issues which appeared on the 1st, 8th and 15th day(s) of August 2000. 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 Misc)I aneous Book "M", Volume 14, Page 317. PUBLICATION ------------------ ----1------------------------- COPY Sworn to and subscribed before m is 30th ofAug t 2000 A.D. S A L E 848 Notamal Seal 17L Russell, Notary P lid Hardabury, Dauphin County NOTARY PUBLIC My Commission Eaplree June S. 2002 A1E Aft ission expires June 6, 2002 1 Manlber, PennsywarNa association o Notarles y¢owmWewkw' j CUMBERLAND COUNTY SHERIFFS OFFICE x nl-''l? CUMBERLAND COUNTY COURTHOUSE IS EBCRI k CARLISLE, PA. 17013 r . O AT.L•TN¢T?CERTAIN lot 6r iract of land Statement of Advertising Costs siiuaid '?bo Borough Of Camp Hilo Cumber W- County, IAms}hania,`.in To THE PATRIOT-NEWS CO., Dr. aunjda I h itsuny by Gemt J Betz, Regis tere d ; or doted e Apgust For publishing the notice or publication attached and .in ore paN acula bounded bounded and and be m g?: dy hereto on the above stated dates $ 259.91 , descdbicinfollons,loxib.. .- Probating same Notary Fee(s) $ 1.50 `,BEGINNING at'a kub'on the smiithem %mi, of PrimeiooA%vnue;'safd.'polot :being Total $ 261.41 15216 feet'" the soulWest comer of PrIkilonAinueand19th51reeimekutidin i wesierly'cRection, thonce;South 30 degrees isher's Receipt for Advertising cost 17 minotesEast I20feefatgngthedhidingline :her of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general >ttN hAots-land eron the hereinafter nesdoined.. Plan of Lob fo a point thence receipt of the aforesaid notice and publication costs and certifies that the same have rstending South 59 degrees 43 minutes %Vol THE PATRIOT-NEWS CO. e feei,to a'hub; thence extending North 30 kgyees 17 minutes 4Vesf 110. feet along-the ' ? By llne h% en Lois B and 9 on. the lividing ...........................................••....................... Mrelufter mentioned flan of Lots to a hub on HAVL ERECTED thereon a two stop ! brick dxelli house known as 1915 Princeton Aronug Cam Hill; PA. BEING.. E SAME premises xhich Thomas J: Annunzio, Ill and Susan' 1V. D'Anounzio by deed dated 1/4194, and PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates. Affbant 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. REAL EB?ATE BALE No. 48 No. 1999.4558 Civil Columbia National Incorporated VS. Susan Lynn McCafferty Atty.: Leon P. Haller LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, Cumberland County. Pennsyl- vania. in accordance with a survey by Gerrit J. Betz, Registered Surveyor, dated Augusl3l. 1972. and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the south- em line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Ave- nue and 19th Street measured in a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and 8 on the hereinafter mentioned Plan Of Lots to a point; thence extend Ing South 59 degrees 43 minutes West 60 feet to a hub: thence "tend- ing North 30 degrees 17 rmnutes West 120 feet along the dividing line between Lots 8 and 9 on the Iterem- after mentioned Plan of Lots. to a hub on the southern line of Princeton Am nue; thence by said line North 59 degrees 43 minutes East 60 feet to a point, the place of BEGINNING. HAVING ERECTED THEREON a two story brick dwelling house known as 1915 Princeton Avenue. Croup Hill. PA. BEING THE SAME PREMISES WHICH Thomas J. D'Annunzlo, III and Susan W. D'Annumlo by deed dated 1/4/94 and recorded in Cum- berland County Deed Book S-26 Rog 6r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this II dayof_ AUGUST. 2000 LOIS E. SNYDElt, Notary Pubk Corli* Iloro. Cumharland County, PA My commiwon Eapirtts Morch 3. 2WI 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 swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates. 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. REAL ESTATE BALE NO. 48 No. 1999-4558 Civil Columbia National Incorporated VS. Susan Lynn McCafferty Atty.: Leon P. Haller LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill. Cumberland County, Pennsyl- vania. In accordance with a survey by Gerrit J. Betz, Registered Surveyor. dated August 31. 1972, and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the south- ern line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Ave- nue and 19th Street measured in a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and 8 on the hereinafter mentioned Plan of Lots to a point: thence extend - Ing South 59 degrees 43 minutes West 60 feet to a hub: thence extend- ing North 30 degrees 17 minutes West 120 feet along the dividing line between Lots 8 and 9 on the herein- after mentioned Plan of Lots, to a hub on the southern line of Princeton Ave- nue; thence by said line North 59 degrees 43 minutes East 60 feel to a point, the place of BEGINNING. HAVING ERECTED THEREON a two story brick dwelling house known as 1915 Princeton Avenue, Cmnp Hill, PA. BEING THE SAME PREMISES WHICH Thomas J. D'Annunzio, III and Susan W. D'Annunzio by decd dated 1/4/94 and recorded In Cum- berland County Deed Book S-26 Page 1176 granted and conveyed unto Susan Lynn McCafferty. TO BE SOLD AS THE PROPERTY OF SUSAN LYNN McCAFFERTY ON JUDGMENT NO. 1999-04558. Roger PM Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 NOT aL LOIS E. SNYDEd, Notary Public Ca"am, Cumbortand County, PA My CommiWon Expir /arch 3, 2101 TAX PARCEL: 01.22.0536328. COLUMBIA NATIONAL INCORPORATED, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 1999 04558 SUSAN LYNN McCAFFERTY, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO%P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1915 Princeton Avenue, Camp Hill, PA 17011: 1. Name and address of the owner (s) or Reputed Owner(s): Susan Lynn McCafferty 174 Pennsylvania Avenue #3 Westminster, MD 21157 Susan Lynn McCafferty 1915 Princeton Avenue Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): U.S. Department of Housing & Urban Development of Washington, D.C. 451 7th Street - Southwest Washington, D.C. 20410 U. S. Department of Housing & Urban Development Albany Office, Region II 52 Corporate Circle Albany, New York 12203-5121 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every ether person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE CUMBERLAND COUNTY COURTHOUSE HIGH AND HANOVER 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 relati 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 rs DATE: June 12, 2000 -14 COLUMBIA NATIONAL INCORPORATED, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 1999 04558 SUSAN LYNN McCAFFERTY, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, September 6, 2000 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: 1915 Princeton Avenue Camp Hill CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 1999 04558 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: SUSAN LYNN McCAFFERTY 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 mortgagee and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This 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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, in accordance with a survey by Gerrit J. Betz, Registered?Surveyor, dated August 31, 1972, and being more particularly bounded and described as follows, to wit: BEGINNING at a hub on the southern line of Princeton Avenue, said point being 452.46 feet from the southwest corner of Princeton Avenue and 19th Street measured in a westerly direction; thence South 30 degrees 17 minutes East 120 feet along the dividing line between Lots 7 and B on the hereinafter mentioned Plan of Lots to a point; thence extending South 59 degrees 43 minutes West 60 feet to a hub; thence extending North 30 degrees 17 minutes West 120 feat along the dividing line between Lots 8 and 9 on the hereinafter mentiuned Plan of Lcts?to a hub on the southern line of Princeton Avenue; thence by said line North 59 degrees 43 minutes East 60 feet to a point, the place'of BEGINNING. HAVING ERECTED THEREONf a two story brick dwelling house known as 1915 Princeton Avenue, Camp Hill, PA. BEING THE SAME PREMISES WHICH Thomas J. D'Annunzio, III and Susan W. D'Annunzio by deed dated 1/4/94 and recorded in Cumberland County Deed Book S-26 Page 1176 granted and conveyed unto Susan Lynn McCafferty. TO BE SOLD AS THE PROPERTY OF SUSAN LYNN MCCAFFERTY ON JUDGMENT NO. 1999 04558. TAX PARCEL: 01-22-0536-328 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. _99-4558 CIVILxJ9TF, COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF ljm t and COUNTY: To satisfy the debt, interest and costs due Columbia National Incorporated from Susan Lynn McCafferty 1915 Princeton Avenue. Carno Hill. Pa. 17011 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real Estate: 1915 Princeton Avenue, Camp Hill, Pa. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properlyof the defendant(s) not levied upon an subject to attachment isfound in the possession of anyoneother than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and Is enjoined as above stated. Amount Due $ 99.411.60 L.L. $0.50 ANSI, /01/99 6 168 no r$ts.a71 Due Prothy Loo Atty's Comm % Other Costs Atty Paid 19g _n6 Late Charges 255.19 (19.63) Plaintiff Paid Escrow Deficit 2,893.12 Date: June 13. 2000 Curtis R. Long Prothonotary, Civil Division by: Deputy REQUESTING PARTY: Purcell, Krug & Haller Name Leon P. Haller Escuire Address: 1719 North Front Street Attorney tor: PiAini- iff _ Telephone: 17171234-4178 Supreme Court ID No. PA 415700 REAL ESTATE SALE N0.4 in QG,,,, the sheriff levied upon the detendancs interest in the real property situated in Cumberland County, Pa., known and numbered as: /?/-r aand more tuily described on Exhibit "A" filed with ? this writ and by this reference incorporated herein. G? nate:?? /S ?- BY :- . -? Y