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HomeMy WebLinkAbout99-06272 S t .E p.y i ? +s . t xa ? a# ?? t +4 ? - ? $J \ W o k4v r{ k F t a" It giiy? A M L•? r???,X 3 ^ , ? J+?' Q V F F . , 3 ? t y` ? ? # _ { t t S ` YJ ; J f -N F V? _i J !d i F i E d &„ : TTT " 7 Y. } t? N-s SJ FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. WILLIAM D. SHIELDS 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. (1 G 17 .1 : 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 Carlisle, PA 17013 717-240-6200 Legal Services, Inc. 0 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, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALOUIER 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 Carlisle, PA 17013 717-240-6200 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 FIRST UNION NATIONAL BANK : IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff NO. Vs. : CIVIL ACTION - LAW - WILLIAM D. SHIELDS : IN MORTGAGE FORECLOSURE Defendant 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 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff Vs. WILLIAM D. SHIELDS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 9?. 6.2 7.L Ct?,u CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, WILLIAM D. SHIELDS, is an adult individual whose last known address is 668 STATE STREET, LEMOYNE, PENNSYLVANIA 17043. 3. On or about June 30, 1994, the said Defendant executed and delivered a Promissory Note ("Note") in favor of GMAC MORTGAGE CORPORATION OF PA ("Original Mortgagee") in the principal amount of $44,650.000, the proceeds of which were used to purchase a residential property located at 668 STATE STREET, LEMOYNE, PENNSYLVANIA 17043. A copy of the note is attached and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1222, Page 463 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid county in Mortgage Book 617, Page 800. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 668 STATE STREET, LEMOYNE, PENNSYLVANIA 17043 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 April 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $9.34 per day from 3/1/99 to 11/1/99 (based on contract rate of 7.9501) (c) Accumulated Late Charges (d) Late charges at $16.30 per month for 8 months (e) Escrow Credit (f) 5%* Attorney's Commission $ 42,299.33 2,288.30 114.10 130.40 204.11 2,114.97 $ 46,742.99 *Together with interest at the per diem rate noted in (b) above after November 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 Jurisdiction. 9. Notice of Intention to Foreclose has been sent to Defendant by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "C°. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. No judgment has been entered upon said Mortgage in any WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.9501 ($9.34 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, U /19 LLER By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 Jun 10 ID.rI 666 STATE STREET NOTE LOAM 6 1996 CARP HILL PA MINA LOIOYNE PA 17012 IPreFenr Aahwl 1. BORROWER'S PROMLSE TO PAY In return for a loan that I have received, 1 promise to pay U.S. S 66, 650.00 'principal'), plus Interest. to the order of the leader. The ladder Is GKAC MORTGAGE CORPORATION OF PA 6.111697.11 I1w.l (thla smallest Is called 1 understood that the leader my transfer this Note. The leader or anyone who ukee this Note by transfer and who is entitled to receive payments under this Note Is called the *Note Holder.' 2. INTEREST Interest will be chuged on uopald principal until the full amount of principal has base paid. 1 will pay interest at ¦ yearly rate of 7.950 %. The Interest rate required by this Section 2 is the rate I will pay both before and aler any default described to Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and Internet by makint payments every month. t° 4 1' 1 will make toy monthly payments on the lot day of each month be6lmtoS oo AUGUST .01' I , . • ' 1996 , 1 will mks these payments every month until I have paid all of the principal and Interest and any other charges described below, that 1 may owe under Oda Nou. My monthly payments will be applied to Interest before principal. if, an JULY . 01. 2026 , I still owe amounts under this Note, l will pay those amounts in full on that date, which Is called the 'Maturity Date.' 1 will make my monthly payments at 6160 OLD YcM ROAD, RUINS PARK. PA 19117.1590 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 126.07 , 4. BORROWER'S RIGHTTO PREPAY 1 have the right to make payments of principal at soy time before they are due. A payment of principal only Is known as a'prepsymeraV Wbeo 1 make a prepayment, 1 will tell the Nate Holder in writing that 1 am doing an. 1 my make a full prepayment or partial prepayments without paying soy prepaymsel charge. The Note Holder will use all of toy prepayments to reduce the amount of principal that 1 owe under this Note. If 1 make a partial prepayment. Dare will be no changes In the due dais or in the amount of my mombly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally Interpreted an that the interest or other lose charges collected or to be collected in connection with this tom exceed the permitted limits, than: (1) my such loan charge shall be reduced by the amount newury to reduce the charge to the permitted limit; and (i0 my sum already collected from me which exceeded permitted limits will be reNoded to me. The Note Holder my choose to make this refund by reducing the principal 1 owe under this Nola or by making a direct payment to me. If • refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Psymento If the Note Holder has not received the full amount of my monthly payment by the end of IS calendar days after the data It Is due, 1 will pay a tau chugs to the Note Holder. The amount of the charge will be 5.00 IS of my overdue payment of principal and Interest. 1 will pay this late charge promptly but only once oo eacb late psymanL (B) Default If I do ore pay the full amount of each monthly payment an the data R Is due, 1 will be in default. (C) Notice of Default If 1 am in default, the Note Holder my send me a written notice ailing m that if 1 do not pay the overdue amount by a amain date. the Nou Holder may require me to pay ImmedWely the full amount of principal which has not bean paid and all the interest that I owe on that amount. That data tout be at law 10 days after the date an which the notice Is delivered or mailed to me. (D) No Walver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require men to pay Immediately In fail as described above, the Note Holder will still have the right to do an if I am in default at a later time. (E) Payment of Note Holder's Costs and Expeaes If the Note Holder has required me to pay immediately in N(I as described above, the Note Holder will have the right to be paid back by no for all of Its cow and expenses In enforcing this Note to the extent not prohibited by Applicable law. Tbose expenses include, for example, reaannAble attorneys' fees. 7. GIYPIGOFNOTICES Unless applicable law requires a different method, my notice that must be given to me under this Nolo will be given by delivering it or by mlling it by first class mail to me at the Property Address above or at a different address III give the Note Holds a notice of my different address. MULTISTATI FIXED RATS NOTE • 5,.& F.mlr' FnN. 1486171."Ie Mae Unmwm ereumwa Fenn 1200 11131 GMACM • CNM.0061 JIA IA.CaI FN. 1 .11 Min: L?i?i'•.1 r Any notice that must be given to the Note Holder under this Note will be given by moiling It by first class mall to the Note Holder at the address rated In Section 3(A) above or at a different address If 1 am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER 71I1S NOTE If mora than one person signs this Note, each person is fully and personally obligated to keep all of the prombes made in this Note, Including the promise to pay the full amount owed. Any person who Is s guarantor, rarely or mdo user or this Note Is else obligated to do these things. Any person who takes over these obligations. Including the obligations of a guarantor, wrcty or endorser of this Note, Is also obligated to keep all of the promises made In this Note. The Nate Holder may enforce Its rights under this Note against each person individually or against all of w together. This means that any one of w my be required to pay all of the amounts owed under this Note. 9. WAIVERS I and my other person who has obligations under this Note waive the rights of presentment and notice or dishonor. 'Presmtmml' means the right to require the Note Holder to demand payment of amounts due. 'Notice or dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note Is a uniform Instrument with limited variations in some Jurisdictions. In addition to the protections given to the Note Holder under dtis Note, a Mortgage, Dad or Trust or Security Deed (the 'Security Instrument'), dated the same data a this Note, protects the Note Holder from possible losses which might result if I do nee keep the promise which I make in this Note. That Security Instrument deacriba haw, and under what conditions 1 my be required to make immediate payment in full of all mmaots I owe under this Note. Stem of those conditions us described a follows: Transfer of the Property or a Beneficial Interest In Doormat. If all or my part of the Property or my interest in It Is said or transferred (or If a beneficial interest In Borrower Is sold or transferred and Borrower is not a natural person). without Leader's prior written consent, Leader my, at Its option, require immediate payment to full of all ram secured by this Security Instrument. However. this option shall not be exercised by Leader if exercise Is prohibited by fedeni law u of the date or this security Instrument. If lender exercise this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not lest than 70 days from the date the notice is delivered or roiled within which Borrower must pay all turn seemed by this Security Instrument. If Borrower fails to pay thew sum prim to the expiation of this period. Leader my Invoke any remedies permitted by this Security Instrument without forth" notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. q/' aZ(.V,JA2,ra ??/2L /i . mom /?/? wILLIIR D. SSIRLDS (Seal) ULLQ /Z.&W auae.r 1 (Seal) •aanorr _ (Seal) .11n _ (Steel) .brow ,Pay without raccu s e, to the Co.estete7 D.Y., a7 Trustee •_._er a ._tt Ir.!==2 a: t.•.a PC-s5'1•.1-Sa IL--L-.7 ':?- A711?• _1:0 as 'Grill 1, 1935` n:: CG: 0: PA. In /Sign Orlgfnd only] Pay Without ReCpUrg A0 tho ardor o MELLON BANK, N.A under en Intlenturg fjf T Q Wn the Pennsylventa waud1 Finance Agency dated aasft? k t' tlf Apr111 198 ?oreStaces ark, NIA, LEStefll. LINDSL:y , .VICE P6:SI^ENt, OI.UCM . CNM.001111tlt iesou rq. 2 .r 1 Fora, 3200 12183 l scnRnuLE A All that certain tract of real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at an x-cut on the southern right-of-way line of state street on the northeastern corner of Lot No. 3 on the Final Re-subdivision Plan for west shore Radiator works recorded in Plan Book 40, page 66, Cumberland county Recorder of Deeds office; thence along the southern right-of-way line of state street North 51 degrees 35 minutes East, 35.00 feet to an x-cut in the concrete walk; thence South 38 degrees 25 minutes East, 75.00 feet through a partition wall dividing the premises known as 660 and 666 State street to a point at the northeastern corner of Lot No. 5 on the aforementioned subdivision Plan; thence south 51 degrees 35 minutes Neat, 35.00 feet to a point at the southeastern corner of Lot No. j thence along the eastern line of Lot No. 3 North 38 degrees 25 minutoo'woet, 75.00 fast to a point, the place of Beginning. Doing Lot No. 4 on the Final Re-subdiviaion Plan for West Shore Radiator works recorded in Plan Book 40, page 66, Cumberland County Recorder of Deeds. Containing 2,625 square feet more or lase and improved thereof with a 2 and 1/2 story aemi-detached dwelling known as 668 state street, Lemoyne, Pennsylvania. Being all of Parcel No. 1 of Tract No. 2 and the eastern 1/2 of Parcel No. 2, Tract No. 2, of the promises which Claude whoalor, sr. by deed dated July 29, 1988 and recorded in Deed Book N, volume 33, page 341, Cumberland county Recorder of Deeds office, granted and conveyed unto Claude wheeler, sr. and Patsy L. wheeler. And being the same premises which Claude Wheeler, Sr. and Patsy L. Wheeler, by Indenture bearing date the 27th day of June, A.D., 1994 and intended to be forewith recorded in the Office for the Recording of Deeds, in slid for the County of Cumberland, Commonwealth of Pennsylvapis, granted and conveyed unto said Mortgagors, in fee. Under and Subject to certain restrictions now of record. C ',r the recording of D ur +r!andCounoe 'TJ Pape .t, ,tf' -.;cr 'It aid B00M.29* PACE 469 ?PENNSYLVANtA HOUSING FINANCE AGENCY Single Family Programs Division 2101 North Front Street P.O. Box 8028 Harrisburg, Pennsylvania 17105.8028 (717) 780-3870 TDD For The Hearing Impaired Only -(717)780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED June 28,1999 RE: Account NO: 513481 WILLIAM D SHIELDS 668 STATE STREET LEMOYNE PA 17043 RE: 668 STATE STREET LEMOYNE PA 17043 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CORESTATES BANK, NA, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on your property located at 668 STATE STREET LEMOYNE PA 17043 IS IN SERIOUS DEFAULT because you have not made the monthly payments of 415.00 for April 01, 1999 through June 01, 1999 for a total of $1,245.00, plus late charges and other charges that have accrued to this date in the amounts of $48.90 and $.00 respectively. The total listed below includes any fees (inspections or securing) that needed to be completed. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $1,293.90. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $1,293.90, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET/P.O. BOX 8028 HARRISBURG, PA 17105-8028 (717) 780-3870/3871 or 1-800-822-7375 or TDD# For Hearing Impaired (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, tend to exercise our riaht to accelerate the mortaaae oavments. ,rnis means tnat wnatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mort a e is foreclosed our mort a ed ro erreg will be sold y the S er f to pay off t e mortgage a t. I we er your r ca4e ;:o our attor. .•s, but you cure the defa c before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable coats. f you cure the default within the thirty day period you will not bi reou rr ed to pay at- torney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the \default within the thirty day period and foreclos_ure_ proceedings have nncimacea cnac cne earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 717-780-3870. This payment must be made payable in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in he property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mort4aae will be restored to the same osition as f no default had occured. However, you are not ent tie tot s right to cure your efau t more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay ppremiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. , If.,you make par Al payments on account of a delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not bee rated unless we receive the entire amount required to cure the default. Sincerely, ? Y WLncvr I , N Mr. Thomas L. Gou r Mortgage Foreclosure Officer PENNSYLVANIA HOUSING FINANCE AGENCY 2101 North Front Street/ P.O. Box 8028 TLG/jrd Harrisburg, PA 17105.8028 .._.... __...... RE: 513481 80DER: KI a: WILLIAM D SHIELDS 668 STATE STREET LEMOYNE, PA 17043 bwwih -wAw (for mnna*& Wa mom= X QnNW X? Cwt powramw for IM. P 973 035 916 101111011111108111 to Swi" TPS ®COMM -.70 - VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Donald J. Plunkett Assistant Executive Director for Single Family Programs PF7SbS&W= MBM MU CE AMa, MUM= XEgr Kn FIFEr UW4 FATMAL MW AS sr? ' ISM RR ME Date: oct= ». ia4a w? J r ?zt O yt 1 ??ry "r4 i p V , CSJ ? a?+ p R R V 7. ?y1 ! { { W 3 tVt . 1' L ? J o ?wM Is -I* Ot IIIAa to unfittow o+wa t/]. VYtt "Al 14111 iw SHERIFF'S RETURN - REGULAR CASE NO: 1999-06272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS. SHIELDS WILLIAM D CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHIELDS WILLIAM D the defendant, at 19:00 HOURS, on the 20th day of October 1999 at 668 STATE STREET , LEMOYNE PA 17043 CUMBERLAND County, Pennsylvania, by handing to WILLIAM P. SHIELDS a true and attested copy of the COMPLAINT - MORT FORE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docckketing 18.00 Affidavit 9.00 Surcharge 8.00 II?? ?210?21/1)99 UG & HALLERQ by wepuLy 01 ?2CiuD? Sworn and subscribed to before me C?l day of this ?q - 19 Gy A.D. r FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. WILLIAM D. SHIELDS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. l?r . L Z 7•2- dt, • F Tlc, 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 Carlisle, PA 17013 717-240-6200 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 CORTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RA20N 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 Carlisle, PA 17013 717-240-6200 Legal Services, Inc. 8 Irvine Row, Carlisle, PA 17013 717-243-9400 TRUE COPY F"-q1'?1%4 RECORD In TDS!irr,(:ay +o:r5reo. i taaa unto s-1 my ham and the Baal of said Court at I:a?„sJF, Pa. Tttt ? t- day of e,&& ., 19 9 9 Prothonotary FIRST UNION NATIONAL BANK : IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR PENNSYLVANIA : CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff NO. VS. : CIVIL ACTION - LAW - WILLIAM D. SHIELDS : IN MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 51601: 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 0 3 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff Vs. WILLIAM D. SHIELDS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99. 4,J 7a C;,ZP 7-,- CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE C O M P L A I N T 1. Plaintiff, FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, WILLIAM D. SHIELDS, is an adult individual whose last known address is 668 STATE STREET, LEMOYNE, PENNSYLVANIA 17043. 3. On or about June 30, 1994, the said Defendant executed and delivered a Promissory Note ("Note") in favor of GMAC MORTGAGE CORPORATION OF PA ("Original Mortgagee") in the principal amount of $44,650.000, the proceeds of which were used to purchase a residential property located at 668 STATE STREET, LEMOYNE, PENNSYLVANIA 17043. A copy of the note is attached and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1222, Page 463 conveying to original Mortgagee the subject premises. The Mortgage was ' r subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 617, Page 800. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 668 STATE STREET, LEMOYNE, PENNSYLVANIA 17043 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 April 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance (b) Interest at $9.34 per day from 3/1/99 to 11/1/99 (based on contract rate of 7.950%) (c) Accumulated Late Charges (d) Late charges at $16.30 per month for 8 months (e) Escrow Credit (f) 5% Attorney's Commission $ 42,299.33 2,288.30 114.10 130.40 204.11 2,114.97 $ 46,742.99 *Together with interest at the per diem rate noted in (b) above after November 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. B. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose has been sent to Defendant by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania, on the date set forth in the true and correct copy of such notice attached hereto as Exhibit "C". 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. at WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "iN REM" for the aforementioned total amount due together with interest at the rate of 7.950k ($9.34 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, U& /91 LER S ?' y /J Y Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 (717) 234-4178 Oki NOTE JOHN 10 10.x1 666 STATE 6TAN[T 1996 CAMP HILL lcbyl LDIOYNN Irropwry Me,w1 1. BORROWER'S PROMISE TO PAY to return for a loan that I have received, I promise to pay U.S. S 'principal'), plus interest, to the order of the Linder. The lender Is mtAC XOATGAGX CORPORATION OP PA LOAN 6 6.111691.11 PA Itw.l PA 17061 66, 650.00 (this amount Is caned I understand that the leader my transfer this Note. Them Leadar or anyone who lakes this Note by transfer and who is mtltled to receive payments under this Note Is slid the 'Noes Holder.' 2. INTEREST Internet will be charged on unpaid principal until the NU amount of principal has bean paid. 1 will pay Interest at a yearly rate of 7.960 S. The Interest two required by this Section 2 Is the tote 1 will pay both before and after any default described In Section 6(B) of Us Now , 3. PAYbIENTS . (A) Time and Plane of Payments 1 will pay principal and interest by making payments every month. I win make my monody payments on the lab day of each month besi"g on A0006i :Oz. I.,:.' r' 1996 . I will maks these payments every month undl I have paid all of the principal and intend and any other charges described balm that I may owe under this Note. My monthly paymstb win be applied to interest baron principal. If, on JOLY . 01. 7076 . , I sIW save aarmmts under this Nola. I will pay those, amounts In full on that data, which Is called the •Maturiryry Date.' I wiU mks my,,mthly payments d 6160 OLD YOU ROAD, ZLLINB PASS. PA 19117.1690 or at a differed place If required by the Nob Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 176.07 6. BORROWER'S RIGHT TO PREPAY 1 have the right to mks payments of principal at any Um before they am due. A payment of principal only is known as a 'pmpyumL' When I make a prepayment. I will tell the Note Holder In writing that I am doing an. I my make a twill prepayment or partial prepayments without paying any prepayment charge. The Nob Holder win use all of my prepayments to reduce the amount of principal that I owe under this Nob. If I make a partial prepayment, than will be no changes la the due date or In the amount of my monthly payment unless the Note Holder agrees in writing to theme changes. S. LOAN CHARGES If a law, which applies to this lac and which new maximum lam charges. Is finally interpreted so that the Internet or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, than: (1) any such loan charge than be reduced by the amount accessary to reduce the charge to the permitted Hmitl and (H) any Food already collected from m which exceeded permitted Units will be refunded to ma The Nob Holder my choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to m. If a refund reduces principal, the reduction will be treated As a partial prepayme t. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lab Charge for Overdue Payments If the Note Holder has not received the NU amount of any monthly payment by the end of 13 aleodar days after the date It Is der, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my warder payment of principal and interest. I win pay this lets charge promptly but only oast on each leek payment. (B) Default If I do not pay the full amoant of each monthly payment on the date It Is der, I win be in defaulL (C) Notice of Default If 1 am fa default, the Note Holder may end me a written acting telling was that If I do lid pay the wetdue, amount by a certain data the Note Holder may require we to pay Immediately the fun Fmount of principal which has mat best paid and all the Interest that I owe on that amount. That date must be at leaf 10 days after the date on which the notice Is delivered or milled to me. (D) No Walser By Note Holder Even ir, at a dine when 1 am in default, the Note Holder does ant require we to pay In mdistely in fun as described above, the Note Holder win still have the right to do an itI am La default at A law time. (E) Payment of Nob Holdees Costs and Expenses If the Note Holder has required m to pay immediately In full as described above, the Note Holder win lsve the right to be paid back by we for all of Its ends and expstsa is enforcing this Note to the extent not prohibited by s"Umble law. Those expenses include, for example, medicable attorneys' face. 7. GIVING OF NOTICES Unless applicable law requires a different method, soy cosies that fault be gives to m under this Nob will be Sim by delivering It or by milling it by first class mil to me as the Property Address above or at a difkreat addresa if I give the Note Holder a noting or my different address. MULTISTATE FIXED RATE NOTE • Single Ianmlly • F.M. M..Ih.Nla Mae UNI.mI m,.ewnw0 Fern 9200 1IA9 OMACM • CNM.0061 i1X I040e1 P.O. I at r MuY: II :, r Any notice that must be given to the Note Holder under this Note will be given by mailing It by first class mail to the Note Holder at the addren stated In Section 3(A) above or at a different address if 1 am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If mra than one parson signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note, including the pmmiw to pay the full aouwat owed. Any person who Is a guarantor, mery or mdoner of this Now Is else obligated to do these things. Any person who takes over these obligations, including the oblissil u of a guarantor, survey or endorser of this Note, Is else obligated to keep all of the promlws made In this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This memo that any one of us may be required to pay all of the amounte owed under IWs Nots. P. WAIVERS I and my other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'preratmenl' muna the right to require the Note Holder to demand payment of amounts due. 'Notice of dithoom' moms the fight to require the Note Holder to give notice to other peraooa that amounts due have one been paid. 10. UNIFORM SECURED NOTE We Now Is a uniform Instrument with Umlled varlulaoa in moms Jurisdictions. In addldoo to the proten0om Sim to the Note Holder under tide Note, a Mortgage. Deed of Trust or Security Dead (the 'Security Instrument'), dated the rams date u this Note, protects the Note Holder from possible loaw which might result if 1 do not keep the promises which I make in this Note. That Security Inswmenl describes how and under what coodidoaa I my be required to make Immd Wes payment to full of all amounts 1 owe under this Note. Some of them conditions am described u follows: Tmmfer of the Property or ¦ Bestencial Interest In Borrower. If all or any put of the propelty ce my Internet In It Is mid or transferred (err If a beneficial Interest in Borrower is mid or transferred and Borrower G no a narueal person). witbetut leader's prior written consent. Leader my, at its option, require immediate payment in full or all sums mcwad by this Security Instrument. However, this option shall mot be exercised by Lender If exercise is prohibited by federal law as of the date of this Samdry Institutional. If Linder were me this option, Lender their give Borrower Dodo of acceleration. The notice &W provide a period of we leas than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by idle Seouriry Iaswment. If Borrower falls to pay thew sums prim to the expiration of this period, Leader my invoke my remedies permitted by this Security Instrument without further undo m demand on Borrower. WnWFM THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. q/a&V (1.4A2'rQ CXl2L e? `- b." ; J `--czzi? (sue) Ljj"l-l.V I.UUCI IRLLIAN D. 511111011 (Snn .eorro.r _(Seal) 31r - (Seat) -am e.. 'PV wltbaut reco-'se. to tlx Jotestates B_k. H.A., as Trust" =,jer o .. -tt I n!==2 0: L`.a PCjSl%Wia 170ay .0 t::r.,l;a ter.;.: --..•• as !e• .-1 1, 1932• tr; C7.7 Of Pa. e /Sign Original OWY] Pay WiLLONbNOUtg NK UFac f0 tha tthybp 0t ? N, enturb r 0 .A S -tAUbjVjj Unddran 1061 the Panngylvenla Noes; Whh Flnanca gaan?te -1to Ltsrf_ B. -.v ..rr LINDSEY ? ACE PRESI^ENT,, OMAC/d • C1011,0091AX 194041 P.O. 2 of r urn, 3200 121113 k. SCHEDULE A All that certain tract of real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows Beginning at an x-cut on the southern right-of-way lino of state street on the northeastern corner of Lot No. 3 on the Final Re-subdivision Plan for Heat shore Radiator Works recorded in Plan Book 40, page 66, Cumberland County Recorder of Deeds office; thence along the southern right-of-way line of state street north 51 degrees 35 minutes East, 35.00 feet to an x-cut in the concrete walk; thence south 38 degrees 25 minutes East, 75.00 feet through a partition wall dividing the promises known as 668 and 666 state street to a point at the northeastern corner of Lot No. 5 on the aforementioned subdivision Plan; thence south 51 degrees 35 minutes Want, 35.00 feat to a point at the southeastern corner of Lot No. 37'thenee along the eastern line of Lot No. 3 North 38 degrees 25 minutso'Weat, 75.00 foot to a point, the place of Beginning. Doing Lot No. 4 on the Final Ro-subdivision Plan for West Shore Radiator Works recorded in Plan Book 40, page 66, Cumberland county Recorder of Deeds. Containing 2,625 square feet more or leas and improved thereof with a 2 and 1/2 story semi-detached dwelling known an 668 state Street, Lemoyne, Pennsylvania. Being all of Parcel No. 1 of Tract No. 2 and the eastern 1/2 of Parcel No. 2, Tract No. 2, of the promises which Claude Wheeler, sr. by dead dated July 29, 1988 and recorded in Deed Book N, Volume 33, page 341, Cumberland county Recorder of Deeds office, granted and conveyed unto Claude Wheeler, Sr. and Patsy L. Wheeler. And being the same premises which Claude Wheeler, Sr. and Patsy L. Wheeler, by Indenture bearing date the 27th day of June, A.D., 1994 and intended to be forewith recorded in the Office for the Recording of Deeds, in and for the County of Cumberland, Commonwealth of Pennsylvanin, granted and conveyed unto said Mortgagors, in fee. Under and Subject to certain restrictions now of record. NTTy L1'l;l? "in-,viv.-r.ir. 1 W ';e, . +d f SS c `,r the recordino of • ioO19.29. FACE 469 ?PENNSYLVANtA HOUSING FINANCE AGENCY Single Family Programs Division 2101 North Front Street P.O. Box 8028 Harrisburg, Pennsylvania 17105-8028 (717) 780.3870 TDD For The Hearing Impaired Only -(717)780.1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED June 28,1999 RE: Account NO: 513481 WILLIAM D SHIELDS 668 STATE STREET LEMOYNE PA 17043 RE: 668 STATE STREET LEMOYNE PA 17043 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CORESTATES BANK, NA, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on your property located at 668 STATE STREET LEMOYNE PA 17043 IS IN SERIOUS DEFAULT because you have not made the monthly payments of 415.00 for April 01, 1999 through June 01, 1999 for a total of $1,245.00, plus late charges and other charges that have accrued to this date in the amounts of $48.90 and $.00 respectively. The total listed below includes any fees (inspections or securing) that needed to be completed. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $1,293.90. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $1,293.90, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET/P.O. BOX 8028 HARRISBURG, PA 17105-8028 (717) 780-3870/3871 or 1-800-822-7375 or TDD# For Hearing Impaired (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, 'imis means cnac wnatever is owing on tae original amount norrowea will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. will be we 'It , i 64- cas'b ro our attor. ••s, but. you 'cure the defa c before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay at- torney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time un to nnP nur pfnrn tha A c-v f'a fnrnn nanra sale and erform an other re irements under the mart gag e. It is eat mate that the earl est date that such a Sher ff's le could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 717-780-3870. This payment must be made payable in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. eame o9lttgn as it no default had occurea. However, you are not ent tle tot this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result pn the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance if you wish to retain it. Ijr you make par it payments on account of a delinquencies., we may accept them and apply them'to the delinquencies However, such partial payments will not cure your default or reinstate your loan. The loan will not be r-e nstated unless we receive the entire amount required to cure the default. Sincerely, ? Y Wlr/1asI , N Mr. Thomas L. Gou r Mortgage Foreclosure Officer PENNSYLVANIA HOUSING FINANCE AGENCY 2101 North Front Street/ P.O. Box 8028 TLG/jrd Harrisburg, PA 17105-8028 ................................................................... RFJ 513481 M DER: Ki f wmN uron fra on uata n X "wmw 7Q o=KAt POMMM r for fr. i WILLIAM D SHIELDS 668 STATE STREET LEMOYNE, PA 17043 P 973 035 936 11111101 101111 o= 99 VERIFICATION Donald J. Plunkett hereby states that lie is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. " I"" Donald J. Plunkett Assistant Executive Director for Single Family Programs F1TWnW11A W EIDG FMM mot, S3U= G XBC FM FEW LDW1 NUM M MM AS 9=39M WW= KR ZE FetEAMMm? Ii1EIDG FR%VM AGM:X Date: o=trbw n. i9w T ii 4fi• p0 PENl1S T IYANIA t 0 f FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. WILLIAM D. SHIELDS, DEFENDANT TAKE NOTICE: IN THE CCURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 06272 IN MORTGAGE FORECLOSURE That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 7, 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: 666 STATE STREET LEMOYNE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is dccketed in the within Commonwealth and County to: NO. 1999 06272 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: WILLIAM D. SHIELDS I A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold 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 Dis=ribution 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 17,013 717-243-9400 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 o..^. the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an x-cut on the southern right-of-way line of state Street on the northeastern corner of Lot No. 3 on the Final Re-Subdivision Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66, Cumberland County Recorder of Deeds Office; THENCE along the southern right-of-way line of State Street North 51 degrees 35 minutes East, 35.00 feet to an x-cut in the concrete walk; TIIENCE South 38 degrees 25 minutes East, 75.00 feet through a partition will dividing the premises known as 668 and 666 State Street to a point at the northeastern corner of Lot No. 5 on the aforementioned Subdivision Plan; MIENCE South 51 degrees 3S minutes West, 35.00 feet to a point at the southeastern corner of Lot No. 3; TIiENCE along the eastern line of Lot No. 3-North 38 degrees 25 minutes West, 75.00 feet to a point, the place of BEGINNING. BEING Lot No. 4 on the Final Re-Subdivision Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66, Cumberland County Recorder of Deeds Office. BEING all of Parcel No. 1 of Tract No. 2 and the eastern 1/2 of Parcel No. 2, Tract No. 2. HAVING THEREON ERECTED a dwelling known as 668 State Street, Lemoyne, PA. BEING THE SA%IE PREMISES which Claude Wheeler, Sr, and Patsy L. Wheeler by deed dated June 27, 1994 and recorded July 7, 1994 in Cu.:berland Coun:v Deed book 108 Page 128 granted and conveyed unto William D. Shields. TO BE SOLD AS THE PROPERTY OF WILLIAM D. SHIELDS ON JUDGMENT NO. 1999 067.72. ASSESSMENT: 12-21-0267-422 ' vZ O A ct? 1 w? a a ? o? r FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. WILLIAM D. SHIELDS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 06272 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 668 STATE STREET, LEMOYNE, PA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s): William D. Shields 668 State Street Lemoyne, PA 17043 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): Mellon Bank, N.A. 10 South Market Square Harrisburg, PA 17101 Commerce Bank Harrisburg National Association ATTN: Credit Administration Dept. 100 Senate Avenue Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are m de 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: March 6, 2000 a N NJ 4 .4-z ir?' v o°z r °h J?4? t k ry { ?y(zn s Ala r"r_ -' FIRST UNION NATIONAL BANK IN THE COURT OF COMMON PLEAS AS TRUSTEE FOR PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF CIVIL ACTION - LAW VS. NO. 1999 06272 WILLIAM D. SHIELDS, DEFENDANT IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant WILLIAM D. SHIELDS 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 $42,299.33 Interest $ 2,288.30 (Per diem of $9.34 from 3/1/99 to 11/1/99) Accumulated late charges $ 114.10 Late charges $ 130.40 ($16.30 per month to 11/99) Escrow Credit $ 204.11 5% Attorney's Commission $ 2,114.97 TOTAL $46,742.99** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALL By Leon P. Haller PA I.D. 415700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 IAIOMEAIKFIDOCS`CULIDE"LAISIIIELDS P ii FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. WILLIAM D. SHIELDS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 06272 IN MORTGAGE FORECLOSURE CERTIFICATE OF BERVICB PURSUANT TO PA. R.C.P. 737.1 I hereby certify that on FEBRUARY 16, 2000 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant (1j) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. ° - /0 By Leon P. 11n er PA I.D. 415700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Hai-rinburg, PA 17102 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff Vs. WILLIAM D. SHIELDS Defendant DATE OF THIS NOTICE: February 16, 2000 TO: WILLIAM D. SHIELDS 668 STATE STREET LEMOYNE, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-06272 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 PURCELL, KRUG & ER L/ By Leon P. Haller Attorney for Plaintiff I.D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 -W (717) 234-4178 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. WILLIAM D. SHIELDS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 06272 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on /(tatzk d 6 the following judgment has been entered against you in the above- captioned matter: $46,742.99 and for the sale and foreclosure of your property located at: 668 State Street, Lemoyne, PA 17043 Dated: J Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 jj? j A l PROTH OTARY . 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: William D. Shields 668 State Street Lemoyne, Pa 17043 PNOUEWWOOCS CUMDEIRAISHICLOS N ? ? ? ?? ?? \ ? 4.u ? ? ? .._ V Oo ? ? ? ?` ? ? ? -? ???? ? ?? ,? ,? °o ? ? ?? t a:v ,::° ? w xf tt? ?' ,y r ?}y?. z 1? f?? s? ,? a3 b ???a,. <g w ?w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t CIVIL DIVISION Caption: FIRST UNICN NATIONAL BANK FOR PENNSYLVANIA HOUSING PLAINTIFF WILLIAM D. SHIELDS, DEFENDANT Vs. PRAECIPE FOR WRIT OF EXECUTION ( ) Confessed Judgment AS TRUSTEE FINANCE AGENCY, ( Other IN MORMAGE FORECLOSURE File No. 1999 06272 Amount Due $46,742.99 Interest at $9.34 $ 2,026.78 9 to 6/ ' 1Late9charges ffi .30'Ate "r 4k a 97.80 E.?,c ew Deficit $ 2,000.00 Gosris . TOTAL $50,867.57 TO THE PROTHONOTARY OF THE SAID COURT: plus costs 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 for debt, Interest and costs, upon the following described property of the defendant(s) County. Real Estate: 668 State Street, Lemoyne, PA 17043 IN MORTGAGE FORECLOSURE PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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: 668 State Street, Lemoyne, PA 17043 REAL, CWNER: William D. Shields 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 garnishee(s) as a lis pendens against real e mVc I the defendant(s) described in the attached exhibit. //. Date MAR 0 '. Signature: i/ Print Name: Leon P. Haller, Esquire Purcell, Krug 6 Haller Address: 1719 North rr=t t Harrisburg, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No.: #15700 (over) r Notes: If real property, supply six copies of description including Improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. r ALL THAT CERTAIN tract of real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an x-cut on the southern right-of-way line of State Street on the northeastern corner of Lot No. 3 on the Final Re-Subdivision Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66, Cumberland County Recorder of Deeds Office; THENCE along the southern right-of-way line of State Street North 51 degrees 35 minutes East, 35.00 feet to an x-cut in the concrete walk; TIIENCE South 38 degrees 25 minutes East, 75.00 feet through a partition wall dividing the premises known as 668 and 666 Slate Street to a point at the northeastern corner of Lot No. 5 on the aforementioned Subdivision Plan; TIIENCE South 51 degrees 35 minutes West, 35.00 feet to a point at the southeastern corner of Lot No. 3; THENCE along the eastern line of Lot No. 3-North 38 degrees 25 minutes West, 75.00 feet to a point, the place of BEGINNING. BEING Lot No. 4 on the Final Re-Subdivision Plan for West Shore Radiator Works recorded In Plan Book 40, Page 66, Cumberland County Recorder of Deeds Office. BEING all of Parcel No. 1 of Tract No. 2 and the eastern 1/2 of Parcel No. 2, Tract No. 2. HAVING THEREON ERECTED a dwelling known as 668 State Street, Lemoyne, PA. BEING THE SAME PREMISES which Claude Wheeler, Sr. and Patsy L. Wheeler by deed dated June 27, 1994 and recorded July 7, 1994 in Cumberland County Deed book 108 Page 128 granted and conveyed unto William D. Shields. TO BE SOLD AS THE PROPERTY OF WILLIAM D. SHIELDS ON JUDGMENT: NO. 1999 06272. ASSESSMENT: 12-21-0267-422 ?? ? ?? '? ? 2 ? ? ?? ? D ? ???t?? ? O? ? '??- ? ? Do ?? ? ? ?? ?? o a ? o ?? ?-- ,. t t STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert P Ziegler I,--------------------------------- I SS. ----------------------------- Recorder of Deeds in and for said County and State do hereby unify that the Sheriff's Deed in which ---------------- First Union Natl Bk Tr for PA housing Fin Agency ---------------------------•--------------°------------- ------------ 6 the grantee 7th the same having been sold to said grantee on the -------------------- June -------- day of ---------------------- _----------------- A. D.9 1S__ under and by virtue of a writ--- execution -------------------------------Issued onthe___-.-Bth ----------- ---------- day -- ------March ---------- A. D., f 00 ., out of the Court of Common Pleas of said County as of civil 99 ---------------- ------------•°------------------------------------------------- Term, 19- ----- 6272 First Union Natl Bk, Tr for Pa Housing Fin Agency Number --------------,at the suit of William D Shields ----------------------------------- against---------------------------------------------------- 6 436 duly recorded in Sheriff's Deed Book No. 224 ------- Page - ------------ IN TFSTIhIONY WHEREOF, I have hereunto set my hand and seal of said office this --- `. q---- day of ---- -------------------- A. D.,49.2-ova- -- ---- --- ---- ---- --------f--De-e-- L" Recorder ods Recorder of Deeds, Cumbertsnd County, Cadisk, PA My Commusron Empires the Fint Monday of An. 2002 First Union National Bank as Trustee For Pennsylvania Housing Finance Agency -vs- William D. Shields In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-6272 Civil Harold J. Weary Deputy Sheriff, who being duly swom according to law, says on March 39,2000 at 4:58 o'clock P.M.EST he posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the property of William D. Shields located at 668 State Street, Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline Sheriff, who being duly swom according to law, says he served the Real Estate Writ Notice Poster and Description in the above entitled action in the following manner: The Sheriff mailed a notice of the pendency of the action to the defendant William D. Shields by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to his last known address P.O. Box 451, Lemoyne, Pennsylvania. This Letter was mailed under the date of March 30, 2000 and received by William Shields on April 1, 2000 the return receipt card signed by William D. Shields. 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 above entitled action in the following manner: The Sheriff Mailed notice of the pendency of the action to the defendant William D. Shields by first class mail to his last known address P.O. Box 451 Lemoyne, Pennsylvania. This letter was mailed under the date of April 3, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly swom according to law, says that after due wc? 9. and legal notice had been given according to law, exposed the within described premises &h/CU at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania B and sold the same for the sum of $ 1.00 to Attorney Leon P. Haller for First Union National Bank as successor Trustee for Pennsylvania Housing Finance Agency. It being the highest bid and best price quoted for the same First Union National Bank as Successor Trustee for Pennsylvania Housing Finance Agency of 2101 North Front Street, Harrisburg, Pennsylvania being the buyer in this execution paid to Sheriff It. Thomas Kline the sum of $ 889.99 it being costs. Sheriffs Costs Docketing 30.00 Poundage 17.45 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 9.92 Certified Mail 7.12 Levy 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Decd Sworn and Subscribed To Before Me 20.00 358.40 288.30 24.80 25.00 27-50 $894.99 Pd By Atty 6/21/00 So nn-aups<re? This -A 4 flay of??4 R. Thomas Kline, Sheriff 2000, A.D. 72A eig , ? n nq at onotary By Pt . ?? Real Estate Deputy s`2i+ ?r ?u• gjqrU: FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. WILLIAM D. SHIELDS, DEFENDANT copy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999 06272 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 668 STATE STREET, LEMOYNE, PA 17043: 1. Name and address of the Owner(s) or Reputed Owner(s): William D. Shields 668 State Street Lemoyne, PA 17043 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): Mellon Bank, N.A. , 10 South Market Square Harrisburg, PA 17101 Commerce Bank Harrisburg National Association ATTN: Credit Administration Dept. 100 Senate Avenue Camp Hill, PA 17011 S. Name and address of every other person who has any record lien on the property: UNKNOWN 1%. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE Cumberland County Courthouse Hanover and High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relatirvd'to unsworn falsification to authorities. ?r Leon P. Haller PA I.D. Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 6, 2000 OFFI,; or ,t,r Cite' NaR 9 04 PH '00 ryt F.. NIA } y 1 ; jr 1 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. WILLIAM D. SHIELDS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 1999 06272 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the .SheriffIs Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 7, 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: 668 STATE STREET LEMOYNE 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 06272 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: WILLIAM D. SHIELDS 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 fret the Sheriff of the court of Common Pleas of the within County at the Courthous: address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEM T_aSUED 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 17,013 717-243-9400 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 ALL THAT CERTAIN tract of real estate situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an x-cut on the southern right•of•way line of State Street on the northeastern corner of Los No. J on the Final Re•Subdivklon Plan for West Shore Radiator Works recorded in Plan Book 40, Page 66, Cumberland County Recorder of Deeds Office; THENCE along the southern right-0f-way line of Swte Street North 51 degrees 35 minutes East, 35.00 feet to an x•cut to the concrete walk; THENCE South t38 o degrees 25 minutes East, 75.00 feet through a partition wall dividing the premises known as 668 and 666 State Street to a point at the northeastern corner of Lot No. 5 on the aforementioned Subdivision Plan; TIIENCE South 51 degrees 35 minutes West, 35.00 feet to a point at the southeastern corner of Lot No. 3; THENCE along the eastern line of Lot No. 3 -North 38 degrees 25 mimnes West, 75.00 feet to a point, the place of BEG INNING. BEING Lot No. 4 on the Final Re-Subdivision Plan for West Shore Radiator Works recorded In Plan Book 40, Page 66. Cumberland County Recorder of Deeds Office. 3E:NG all of Parcel No. 1 of Tract No. 2 and the eastern 1/2 of Parcel No. 2, :Tact No. 2. HAVING THEREON ERECTED a dwelling known as 668 State Street, Lem,,oyne, PA. 9=:VG THE SAME PRT_M:SES which Claude Wheeler, Sr. and Patsy L. Wheeler by deed dated June 27, 1994 and recorded July 7, 1994 in C,--erland County Deed book 108 Page 128 granted and conveyed unto William D. Shields. TO 3E SOLD AS THE PROPERTY OF WILLIAM D. SHIELDS ON JUDGMENT NO. 1999 06272. ASSESSMENT: 12-21-0267-422 01 OFFICE OF lVt 7N' 1'fF nq . Han 5 04 '00 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6272 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due First Union National Bank as Trustee for Pennsylvanio Housing Finance Agency PLAINTIFF(S) from William D. Shields, 668 State St., Lemoyne PA 17043 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 668 State St., Lemoyne PA 17043. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of and to notify the garnishee(s) that. (a),an attach)nent has been Issued; (b) the garnishee(s) Islare enjoined from paying any debt to or for the account of the d?( ant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; GARNISHEE(S) as follows: (3) llpropertyofthedefendant(s)not16leduponansubjecttoattachment isloundinthepossessionofanyoneolher than a namedgarnishee, you are directed to notify hin0orthal he/she has been added as agarnishee and Is enjoined as above stated. Amount DueSS $46,742 Interest @6/I%H from ll 1 99 to $2,026.78 L.L. $.50 Arty's Comm Arty Paid $107.92 Plaintiff Paid Date: 'March 8, 2000 REOUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 N. Front St. Harrisburg PA 17102 Attorney for: Plaintiff Telephone: _(717) 234-4178 Due Frothy 00 Other Costs Fnrmw Dpfirit S .nnn.nn Late charges @ $16.30/tm from 11/99 to 6/00 $97.80 CURTIS R. LONG Prothon aq Civil Division by: ?- Dtpvty Supreme Court ID No. 15700 REAL ESTATE SALE No.31 un lyh 04'0Q' /-,•'"" the sheriff levied upon the defendants Interest In the real property situated In An..-.^.Q.- &? Cumberland County, Pa., known and numbered as: &"68 •-? 43,- ^Q-and more fully described on Exhibit "A" fKW with this writ and by this reference Incorporated herein. J ?;ld ???'r!d h0 h ? snH ?.IJ 9- v THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Under8cl No. 587. 8ooreued May 61 1929 Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow being duly sworn according to law, deposes and says; That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Strout, 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 thu City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 181h, 1949, respectively, and all have boon continuously published ever since; That the printed notice or publication which is securely attached horoto is exactly as printed and published In their regular dally and/or Sunday and Metro oditions/issuos which appeared on the 2nd, 91h and 18th day(s) of May 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 pissed 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 Co?nty of Dauphin In Miscellaneous Book "M", Volume 14, Page 317. II , Al IAA PUBLICATION COPY SALE#38 R >c• 'ALL THAN. b.71 2 Proof of Publication Sworn to and subscrl od et NOOnaI Sul lorry L Hussen, Notary PuWI Harrisbury, Dauphin County My Comrrhssron Eeprea Juno S. I NnU_ - Member, PennayNanl4 AaboCl4tlon of 2nd day of AY PUBLIC expires Juno 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 of real eslale . of Statement of Advertising Costs Iftlat, To THE PATRIOT-NEWS CO., Dr. 1in The e For publishing the notice or publication attached (reel o ton ule final horoto on the above staled dales $ 286.80 tat Ra?diato6br. Probaling same Notary Fools) $ 1.50 ,r MhOred. Total $ 288.30 hem nigh . Sl detrn SS 36d ins sherae Receipt for Advertising Coat 25 0 a partition or of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general ma 60 and -norlheastem Iceipt of the aforesaid notice and publication costs and certifies that the same have enmrnllor" THE PATRIOT-NEWS CO. WL &ndh 51 dect... IM 6, a Iv,lnt at the f WS". l IIII\'C'1. of 1,4 No. 1 North .w it Rlld I'A I lu a pnn4 6 on the limit Re- %V,,t Shur Radulur AR lt,,ok 4it re Aft it mniet of ,fh1d, 04NG on of hrcd Na I of Iucl No 2 41141heeaNrrn Info hrrel No.2lrxt Na 2. IRVING 1HLRL0N INKtfD a pl^6 LnOwr u 661 SUIe S1nYt. lrrluhrw. By .................................................................... Ind c01114rd unto W"111 am A IM pm{?tde of wllliam ernt No.1? Oh172 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 51. 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, viz; APRIL 28, MAY 5, 12, 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 true. "AL ESTATE BALE NO. 38 Writ No. 1000.0272 00 Roge M. Morgenthal, Editor First Union National Dank As Trustee For Pennsylvania I lousing; Finance Agency SWORN TO AND SUBSCRIBED before me this vs. 12 day of MAY. 2000 William D. Shields Atty.: Leon P. Miller ALL MAT CERTAIN [met of real estate situate in the Borough of Le. moyne. Cumberland County, BYnn. sylvanla, bounded and described as follows: BEGINNING at an xcut on the southern right-of.way lute of Slate Street ou the norihea,tent corner of Lot No.3 on the Feud Ite-Suliihvisloit flan fur West Shorc flat Lator Works recorded In flan Ilook 40. Page Iiii. Cuutberland County Recorder of Deeds Office; THENCE along the southern light-of-way lute of State Street Norilt 51 degrees 35 nunu[es East, 35.00 feel to an x-cut m the concrete walk; TIIENCE South 38 degrees 25 minutes East. 75.00 feel through a partition wall dividing the prclnlses known as 608 and 600 State Street to a fioau of the northeastern comer of Lat No. 5 nn the aforcinen• United Subdivision Plan; THENCE South 51 degrees 35 Inlnittes West, 35.00 feel 10 a liolnt at the wililleasl- ern corner of Lot No. 3; TIIENCE along the eastern line of Lot No :1 North 38 degrees 25 mimics west. 75.00 feet to a finial. Ilse place of BEGINNING. BEING Lot No. 4 on the Riot Itc-SUIX11vislon Plan for West Shore nadotor Works recorded III 111;1a Book 40, Page 66, Cumberland Counly Iteronler of Deeds rlllire. LOIS E SNIP R, 1irlury Public Corlido floor. CumbelloMI Cnuery, PA Mr Commiwi , Gpru Mnrch 5.:'001 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, Aftant 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. FUL ZSTATL SAIL NO. 38 will No. 1008.6272 Civil First Union National Bank As Trustee For Pennsylvania Housing Finance Agency vs. William D. Shields Atty.: Leon P. Haller ALL THAT CERTAIN tract of real estate situate In the Borough of Lc. moyne, Cumberland County. Penn- syivama, bounded and described as follows: BEGINNING at an x-cut on the southern right-o(--way line of State Street on the northeastern comer of Lot No.3 on the Final Re-Subdivision Plan for West Shore Radiator Works recorded In Plan Book 40. Page 60. Cumberland County Recorder of Deeds Office; THENCE along the southern right-of-way lure of State Street North 51 degrees 35 minutes East, 35.00 feet to an x-cut in the concrete walk: THENCE South 38 degrees 25 minutes East. 75.00 feet through a partition wall dividing the Tmemises known as 668 and 660 State Street to a point at the northeastern comer of Lot No. 5 on the aforcmen. tioned Subdivision Man; THENCE South 51 degrees 35 minutes West, 35.00 feel to a point at the southeast- em comer of Lot No. 3; THENCE along the eastern line of Lot No. 3 North 38 degrees 25 minutes West. 75.00 feet to a point. Ute place or BEGINNING. BEING Lot No. 4 un the Final Re-Subdivision Man for West Shore Radiator Works recorded in Plan Book 40, Page 66, Cumberland County Recorder or Deeds Office. BEING all of Parcel No. 1 of Tract No. 2 and the eastern 1/2 of Parcel No. 2. Tract No. 2. HAVING 71JERPON ERECTED a dwelling known as 668 Slate Street, Lemoyne, PA. BEING THE SAME PREMISES which Claude Wheeler. Sr. and Patsy L Wheeler by deed dated June 27. 1994 and recorded July 7, 1994 In Cumberland County Deed Book 108 }• Page 128 granted and conveyed unto t William D. Shields. TO BE SOLID AS TILE PROPERTY OF WIWJAM D. SHIELDS ONJUDG- MENr NO. log 06272. ASSESSMENT. 12.21.0267.422. Roge M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 12 day of MA_ Y• 2Q LOIS E. SNYDER, Notary Public Carlisle Soro, Cumberland County. PA My Commission Expires March S, 2001 i° I r i is ? J i f i. 1 `'1 • J Real Estate No 38 $ 1000.00 Advance Costs Paid 3/13/00 AltyLeon P. Haller Assessed Valuation $ 2,420 Writ No. 99.6272 Civil First Union National Bank as Trustee For Pennsylvania housing Finance Agency -vs- William D. Shields 668 State Street Lemoyne, PA Real Debt $ 46,742.99 Interest $ 9.34 per diem fr 11/1/99 to 6/7/00 2,026.78 Atty's Fee Atty's Writ Cost 107.92 Escrow 2,000.00 Late Charges ® $ 16.30 Mo FR 11/99-6/00 97.80 Sheriffs Costs Docketing 30.00 Poundage 17.45 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 9.92 Certified Mail 7.12 Levy 15.00 Surcharge 20.00 Postpone Sale Out of County Law Journal 358.40 Patriot News 288.30 Share of Bills 24.80 Distribution of Proceeds 25.00 Sheriffs Deeds 27.50 TAXES Sewer & Refuse 205.45 2000 County,Borough, Library Tares 119.80