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Home My WebLink About07-3126I- "?- 4 CUMBERLAND VALLEY HABITAT COURT OF COMMON PLEAS OF FOR HUMANITY, INC. CUMBERLAND COUNTY, PA Plaintiff, V. : NO. AUDRA S. SLONE and JESSE J. HARREL CIVIL ACTION Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, Cumberland Valley Habitat for Humanity, Inc. Papers may be served at the address set forth below. Suzanne C. Hixenbaugh, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street, Carlisle, PA 17013 (717) 243-6222 Respectfully submitted, SAIDIS, FLOWER & LINDSAY Date: B 426H2!gZh!S2treet, Hixenbaugh, Esquire ID 916 Carlisle, PA 17013 (717) 243-6222 (fax) 243-6486 Attorneys for Cumberland Valley Habitat for Humanity, Inc. a CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE and JESSE J. HARREL Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. d 7. 31.2L / CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249-3166 CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE and JESSE J. HARREL COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 6 7- 3)JG CIVIL ACTION Defendants COMPLAINT 1. Plaintiff Cumberland Valley Habitat for Humanity, Inc., is a Pennsylvania non-profit corporation with a mailing address of 39 Heisers Lane, Carlisle, Pennsylvania 17013. 2. Defendant Audra S. Slone is an adult individual residing at 147 North Pitt Street, Carlisle, Pennsylvania 17013. 3. Defendant Jesse J. Harrel is an adult individual with a last known residence of 615 Cumberland Point Circle, Mechanicsburg, Pennsylvania, 17055. 4. Defendants are the owners of the real property subject to the mortgage described below. 5. On or about January 29, 2002, in consideration of their indebtedness to plaintiff in the amount of fifty-six thousand two hundred dollars ($56,200.00), defendants made, executed and delivered to plaintiff their promissory note in favor of plaintiff, in the amount of fifty-six thousand two hundred dollars ($56,200.00) (the "Note"). A true and correct copy of the Note is attached hereto, made a part hereof and marked as Exhibit "A." 6. As security for the performance of their obligations under the Note, defendants made, executed and delivered to plaintiff a mortgage upon the real property located at 147 North Pitt Street (the "Mortgage"), which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1747, Page No. 4000. A true and correct copy of the Mortgage is attached hereto, made a part hereof and marked as Exhibit "B." 7. The Mortgage covers the following described property: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by property now or late of Charles Waggoner; on the East by an alley; on the South by property now or late of Samuel Brake; and on the West by North Pitt Street. CONTAINING 24 feet in front on said North Pitt Street, and extending at an even width 112 feet, more or less, in depth to said alley on the East, being improved with a brick dwelling house known as No. 147 North Pitt Street. 8. On or about September 11, 2006, the Mortgage was assigned to Plaintiff by the Pennsylvania Housing Agency (PHFA), a public corporation and government instrumentality created and existing pursuant to the Housing Finance Agency Law, (the "Assignment'), which Assignment is recorded in the Office of the Recorder of Deeds of Cumberland County in Book 730, Page 1894. A copy of the Assignment is attached hereto, made a part hereof and marked Exhibit "C." 9. Beginning with the payment due on August 1, 2005, defendants have failed to pay plaintiff the mortgage payment due. 10. Pursuant to the terms of the Note, plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 11. Defendants are indebted to plaintiff under the Note and Mortgage as follows: Principal as of May 16, 2007: $46,442.92 Late Fees: 140.00 Total Amount Due: $46,582.92 12. Pursuant to the notice provisions of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c), plaintiff sent notices of intention to foreclose mortgage dated January 3, 2006 and June 22, 2006 to each of the defendants by certified mail, return receipt requested. Copies of the notices of intention to foreclose mortgage sent to each of the defendants are attached hereto as Exhibits "D" and "E," respectively. Defendants have failed to cure the default. 13. Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and have further failed to meet the time limitations specified in the notice. WHEREFORE, plaintiff demands judgment in its favor and against defendants in the amount of $46,582.92, together with costs and attorney fees. Respectfully Submitted, n Date: B t,p v,wG e C. Hixenbaugh PA Supreme Court ID No. 91641 Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17103 (717) 243-6222 (fax) 243-6486 N 1% CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE and JESSE J. HARREL Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. CIVIL ACTION VERIFICATION I, ,;.terry N+401 , Executive Director of Cumberland Valley Habitat for Humanity, Inc., being authorized to do so on behalf of Cumberland Valley Habitat for Humanity, Inc., hereby verify that: 1) the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief, and 2) on the date set forth below I signed this original Verification and faxed it to my attorneys and authorize my attorneys to attach the facsimile copy to the original document to be filed with the Court pursuant to Pa.R.C.P. 205.3(a). I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Date: { i $56,200.00 January 29, 2002 NOTE 1. Borrower's Promise to Pay. 147 North Pitt St. Carlisle, PA 17013 In return for a loan that I have received, I promise to pay U.S. $56,200.00 (this amount is called "principal") to the order of the Lender. The Lender is CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC.. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. Interest. No interest will be charged on unpaid principal. 3. Payments. (A) Time and Place of Payments I will pay principal by making payments every month. I will make my monthly payments on the 1 S' day of each month beginning on March 1, 2002. I will make these payments every month until I have paid all of the principal and any other charges described below that I may owe under this Note. If, on February 1, 2022, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at P.O. Box 147, Carlisle, Pennsylvania 17013, 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. $399.16. I understand, however, that Note Holder reserves the right, within its sole discretion and at any time, to require an increase in my monthly payment in the event that my monthly gross income increases above its current level. Such increase in my monthly payment would be in the amount necessary to make my monthly payment represent the same percentage of my monthly gross income as it does on the date of this Note. Based upon my current monthly gross income, $234.17 of the above $399.16 shall be applied • S to the unpaid principal of this Note. The additional $164.99 of this $399.16 shall be paid to Note Holder, to be held in escrow under the terms of the Security Instrument (as defined in paragraph 10). 4. Borrower's Right to Prepay. I have the right to make payments of principal at any time before they are due. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. Loan Charges. If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (i) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. Borrower's Failure to Pay as Required. (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ten (10) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be $10.00. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment within 30 days of the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. 2 16 (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. Giving of Notices. Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the following address or at a different address if I give the Note Holder a notice of my different address: 147 North Pitt Street Carlisle, PA 17013 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 address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. Obligations of Persons under this Note. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amount owed under this Note. 9. Waivers. I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand .1. , payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. Other Conditions. In addition to the protections given to the Note Holder under this Note, a Mortgage (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Future Financing. I SHALL NOT PERMIT A SECOND MORTGAGE OR THE LIEN OF ANY OTHER SUBORDINATE FINANCING TO BE PLACED AGAINST THE PROPERTY FOR FIVE YEARS FROM THE DATE OF THIS NOTE. Transfer of the Property. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. If Lender exercises this option, Lender shall give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which I must pay all sums secured by the Security Instrument. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on me. WITNESS, the hand and seal of the undersigned, this 29`h day of January, 2002. WITNESS: SEAL Audra S. Slone C- (SEAL) J `se J. Harre 4 '0Z A 31 ful 3 , MORTGAGE THIS MORTGAGE ("Security Instrument") is given on January 29, 2002. The mortgagors are AUDRA S. SLONE AND JESSE J. HARRELL, whose address is 147 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013 ("Borrower"). This Security Instrument is given to CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC., a Pennsylvania non- profit corporation with mailing address of P.O. Box 147, Carlisle, Cumberland County, Pennsylvania ("Lender"). Borrower owes Lender the principal sum of Fifty-six Thousand, Two Hundred and 00/100 Dollars (U.S. $56,200.00) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on February 1, 2022. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications; (b) the payment of all other sums advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania: SEE EXHIBIT "A" (LEGAL DESCRIPTION) ATTACHED With address of 147 North Pitt Street, Carlisle, PA 17013 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: 1. Payment of Principal; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of the debt evidenced by the Note and any late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until BK1747PG4000 w the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; and (b) yearly hazard insurance premiums. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to amounts payable under paragraph 2; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender 911 notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. OKI747PS4aQ1 2 Borrower shall promptly discharge any lien which has priority over this security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. BORROWER SHALL NOT PERMIT A SECOND MORTGAGE OR THE LIEN OF ANY OTHER SUBORDINATE FINANCING TO BE PLACED AGAINST THE PROPERTY FOR FIVE YEARS FROM THE DATE OF THE NOTE. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the BK 1747PG4002 3 Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Use as Principal Residence. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste, nor allow any illegal activity to occur on the Property. Borrower shall occupy the Property at all times as a principal residence and shall not lease the Property or any portion of the Property to any person. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by alien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall be payable upon notice from Lender to Borrower requesting payment. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by tender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to 4 OK1747PG4003 Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs l and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signors. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If 5 BK 1747PG40O4 Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument; including, but not limited to, reasonable 6 g(1747PG4afl5 y attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. UK t 747PG4006 7 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the legal rate. 25. Further Obligation of Borrower. Borrower and Lender have entered into a certain Right of First Refusal and Shared Appreciation Agreement dated the same date as this Security Instrument, and Borrower agrees that any actual or attempted breach or violation by Borrower of that Agreement shall be a default under this Security Instrument and shall entitle Lender to exercise all of its rights under this Security Instrument, including acceleration. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument. Witness: (Seal) Audra S. Slone Seal _J e J. HarrW I hereby certify that the precise residence and complete post office address of the within Mortgagee is: P.O. Box 147, Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Attorney/ ent for o ga ss. On this, the 29' day of January, 2002, before me, the undersigned officer, personally appeared AUDRA S. SLONE AND JESSE J. HARRELL, single person, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my NOTARW.BEA4 Notary KKM L LENKER, NOTARYMW CARUSLE SORO, CUMBOXAND carom WOOMMISSION EXPIRES FEBRUARY 211 2005 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by property now or late of Charles Waggoner; on the East by an alley; on the South by property now or late of Samuel Brake; and on the West by North Pitt Street. CONTAINING 24 feet in front on said North Pitt Street, and extending at an even width 112 feet, more or less, in depth to said alley on the East, being improved with a brick dwelling house known as No. 147 North Pitt Street 1 Certify this to be recorded In Cumberland County PA t• f a Recorder of Deeds 9 t747PG400B . ? A ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY (PHFA), (a public corporation and government instrumentality created and existing pursuant to the Housing Finance Agency Law) its successors and assigns, does hereby grant, sell, convey, assign and deliver unto the CUMBERLAND VALLEY HABITATtEPR, 'l HUMANITY, a Pennsylvania not-for-profit corporation, the following described Mortgage, together with thewote secured thereby: co ? ? r" C, W Name of Original Mortgagor(s): AUDRA S. SLONE & JESSE J. HARRELL ryl , Secured by the real property located at: 147 NORTH PITT STREET, CARLISLE, PENNSYLVANIA 17013- g rnu --a Municipality: BOROUGH OF CARLISLE -? Original Mortgagee: CUMBERLAND VALLEY HABITAT FOR HUMANITY f m Original Principal Amount: $56,200.00 County Recorded in: CUMBERLAND t--' cn Mortgage Recorded: January 31, 2002 Record Book: 1747 Page: 4000 Mortgage Assigned to: Pennsylvania Housing Finance Agency on August 11, 2003 Record Book: 700 Page: 4122 IN WITNESS WHEREOF, the Assignor has duly executed this Assignment the day of September, 2006. HOUSING FINANCE JoLynn COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this, the ay of September, 2006, before me, the undersigned officer, personally appeared JoLynn M. Stoy, Associate Counsel, an authorized officer of Pennsylvania Housing Finance Agency, (a public corporation and government instrumentality created and existing pursuant to the Housing Finance Agency Law) its successors and assigns, and acknowledged that she, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nota Public Margaret A. Strasser, Notary Public City Of Harrisburg, Dauphin County My Commission EVires Aug. 10, 2010 Member, Pennsylvania Association of Notaries CERTIFICATE OF RESIDENCE The below signer, hereby certifies that the principal place of business and complete post office address of the within named Assignee is as follows, AND AFTER RECORDATION, THIS ASSIGNMENT IS TO BE MAILED TO: PHFA - Legal Dit 211 North Front Street, Harr x p .i ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 3, 2006 To: Audra S. Slone 147 North Pitt Street Carlisle, PA 17013 /Jesse J. Harrell 147 North Pitt Street Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the counseling agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing may call (717) 780-1869). This_ Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. Homeowner's Name(s): Audra S. Sloane and Jesse J. Harrell Property address: 147 North Pitt Street, Carlisle, Pennsylvania 17013 Loan/ Account number: 9010 Original Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation Current Lender / Servicer: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice the lender may NOT take action against you for thirty (30) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth 2 e above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 147 North Pitt Street IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: August 1, 2005 thru January 1, 2006 at 429.89 per month. Principal and interest payment for August 1, 2005 $ 189.89 Monthly Payments for September 1, 2005 - January 1, 2006 $ 2149.45 Late Charges Accrued $ 50.00 Other: City Water Fees $ 249.74 Total amount to cure default $ 2,639.08 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,639.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: Cumberland Valley Habitat for Humanity, Inc., P.O. Box 147, Carlisle, PA 17013, (717) 258-1830 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage propert y. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving r ? . 4 f the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff's 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cumberland Valley Habitat for Humanity, Inc., Attn: Jerry Nichols, P.O. Box 147, Carlisle, PA 17013, (717) 258-1830, fax (717) 258-9011 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _ mayor X may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Suzanne C. Hixenbaugh, Esquire cc: Jerry Nichols (Account Number 9010) Mailed by 15t Class mail / Certificate of Mailing and Certified Mail No.: 7004 1350 0003 7285 8623 4 r , a PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139-443 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-9757 (717) 334-1518 FAX (717) 234-2227 FAX (717) 334-8326 5 I a• J3 ?. E co L11 IAL cO NO ti _ o z urn, r- Postage $ .O rn Cerdfled Fee ({` Pomp y? Q ?e N M :.. Retum Reciept p." 75 a ? (Endorsement Required) O RestrictedpeequFee - ,rb Ln (Endorsement Required) f i1i /n. /4ii{ M rq Total Postage & Fees n41 - - - ---- -- - - -- S eM S l p ° --------------- ----------------- - ---- BOX .7 7O j 3 -- ------------ ? 1 Postal m -M •• ' ICE) co co : ' l r ti ! . t $ P ?C3 ?o 'rA e os Cer iNed Fee m ,. $ ' 1 S { ! '" ?? G2? Retum Reo{ept Fee (Endoreement Required) > f 1. * to 0 Restdoted DeiNery Fee .j?, )* 5??? L l (Endorsement Required) M ' °' 5 iota{ Postage & Fees S M n` To J sS J . }?Gt :?e ! --- ---- -- --- - . -------- --------- ------- ------------ r- N0.11 freer JipE-- l ? I No. orPOBox J - ? ? L Sf ' .. -------- -- - ? ? .. ._ L ! ... - ----- . - --- - - ---- - ware, z/ra S .._.._ .__.. .. _ .. 1-M 1 - --- KIL JPY ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: June 22, 2006 To: Jesse J. Harrell 615 Cumberland Point Circle Mechanicsburg, PA 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet the counseling agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance_ Agency toll free at 1-800-342-2397 (Persons with impaired hearing may call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. Homeowner's Name(s): Audra S. Sloane and Jesse J. Harrell Property address: 147 North Pitt Street, Carlisle, Pennsylvania 17013 Loan / Account number: 9010 Original Lender: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation Current Lender / Servicer: Cumberland Valley Habitat for Humanity, Inc., a Pennsylvania non-profit corporation HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice the lender may NOT take action against you for thirty (30) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth 2 v above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 147 North Pitt Street IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: August 1, 2005 thru June 1, 2006 at 429.89 per month. Principal and interest payment for August 1, 2005 $ 189.89 Monthly Payments for September 1, 2005 - June 1, 2006 $ 4298.90 Late Charges Accrued $ 100.00 Other: City Water Fees $ 249.74 Total amount to cure default $ 7,477.61 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,477.61, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Cumberland Valley Habitat for Humanity, Inc., P.O. Box 147, Carlisle, PA 17013, (717) 258-1830 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to nay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cumberland Valley Habitat for Humanity, Inc., Attn: Jerry Nichols, P.O. Box 147, Carlisle, PA 17013, (717) 258-1830, fax (717) 258-9011 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor X may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, Only; CERTIFIED MAIL,,, RECEIPT (Domestic Mail . SAIDIS, FLOWER & LINDSAY C r Postage $ Suzan n C. Hixenbaugh, Esquire CoMed Fee Postmark == ept Fee Here (Endquired) (ERndonr.M..tlReqed) ailing and Certified Mail No.: ?C ? Total Postage & Fees . ------------------------- --- ------------------- =e?.t'No / /_S ;;'1,/ntl?/-L/4?J ?? 7-'/ ?1...----- 4 v ti CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE and JESSE J. HARREL Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 07-3126 CIVIL ACTION PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended as to defendant JESSE J. HARREL only. Date: Respectfully Submitted, ? n .4A Oil ? A Vn nn Suza ne C. Hixenbaugh PA-Supreme Court ID No. 91641 Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17103 C? ? 0 Ud rt ";- c J `? cap CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE j S55 tC' ? . ? 4 ?'?'?"CDefendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 07-3126 CIVIL ACTION PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Please enter judgment of default in favor of Plaintiff Cumberland Valley Habitat for Humanity, Inc. and against Defendant Audra S. Slone for defendant's failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on May 23, 2007 and defendant's answer was due to be filed on June 12, 2007. Attached as Exhibit "A" is a copy of plaintiff s written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the defendant at her last known address and to her attorney of record on June 26, 2007, which is at least 10 days prior to the filing of this Praecipe. Please assess damages in the amount of $46,582.92, being the amount demanded in the complaint, together with costs and attorney fees, e C. Hixenbaugh PA reme Court ID No. 91641 Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17103 LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 JAMES D. FLOWER, JR EMAIL: sixenbaugh®sfl-law.com CAROL J. LINDSAY www.sfl-law.com JOHN B. LAMPI MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH June 26, 2007 Via Certified Mail/Return Receipt Audra Slone 147 North Pitt Street Carlisle, PA 17013 Re: Notice of Praecipe for Entry of Judgment of Non Pros by Default for Failure to Plead, Civil Action No. 07-3126 Dear Ms. Slone, CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Enclosed please find notice of your failure to defend the above-referenced action. Regards, SAIDIS, FLOWER & LINDSAY j Suzann C. Hixenbaugh SCH/kar cc: Jerry Nichols A. ^f CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE and JESSE J. HARREL Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 07-3126 CIVIL ACTION TO: AUDRA S. SLONE DATE OF NOTICE: June 26, 2007 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249 - 3166 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on theseverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ???YCL S?011L SAY-??- ?IDi3 A. Sign u? X ent ee , C. Date of Delive 8. R '!!;ad by ry D. Is belivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No r F? ( 3. Service Type 2 / Certified Mail ? Express Mail 0 Registered GKetum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7004 1350 0003 7285 9811 (rransfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 3 postal .a CERTIFIED MAIL... RECE IPT Cov (Domestic Mail Only; No insurance erage Provided) Er 11111111 1. 1. . . I m FFICIAL » r Postage $ . If tr? 0 Certified Fee Postmark CM Return Reciept Fee (Endoreement Required) ! Here 0 Ln Restricted Delivery Fee (Endorsement Required) M Total Postage & Fees J S O Swo To ------- t No.: '"r 1 .. :!?4t c T . % 1 D or PO Box No. 1 ................ ... - ----- ary state, z+1?+4 r 5 X64 P A t 3 i -I 0 CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 07-3126 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 1 / day of July, 2007, I, SUZANNE C. HIXENBAUGH, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I served the Praecipe for Entry of Default Judgment filed in the above captioned case by United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Audra S. Slone 147 North Pitt Street Carlisle, PA 17013 Date: uzanne C. Hixenbaugh, Esquire j S preme Court ID No. 91641 Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 C7 ^? ?? C? M:s ? P- v ? "I C' l '_# ?' `., N :,J? .? (n C7 ?.. ? _? r, . Y v '1 '?\ _? f.. ? -? ?.t? `?...1 ""? V `\ M O J CUMBERLAND VALLEY HABITAT FOR HUMANITY, INC. Plaintiff, V. AUDRA S. SLONE c4"" ?ti ?A fL?i Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 07-3126 CIVIL ACTION RULE 236 NOTICE To: Audra S. Sloan, Defendant(s) You are hereby notified that on , 2007, judgment in the amount of $46,582.92 has been entered a ainst you in the above-captioned case. -(:?a DATE: ?+.n7-; ?L"? Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Audra S. Sloan 147 North Pitt Street Carlisle, PA 17013 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND VALLEY HABITAT FOR VS SLONE AUDRA S ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OT (ITTV ATMVA C the DEFENDANT , at 2049:00 HOURS, on the 5th day of June at 147 NORTH PITT STREET CARLISLE, PA 17013 by handing to AUDRA S SLONE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 ?,I?q?b1 c? .00 33.38 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/11/2007 CUMBERLAND VALLEY HABITAT HUMA By: r f Deputy Sheriff A. D. . 2007 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-03126 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND VALLEY HABITAT FOR VS SLONE AUDRA S ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TTT T "T but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 615 CUMBERLAND POINT CIRCLE , HARREL JESSE J , NOT FOUND , as to MECHANICSBURG, PA 17055 PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS Sheriff's Costs: Docketing 6.00 Service 9.60 Not Found 5.00 Surcharge 10.00 6110)? - 00 Q ' V" 30.60 So and Thomas Kline 7rff of Cumberland County AND VALLEY HABITAT HUMA 06/11/2007 Sworn and Subscribed to before me this day of ti IN TILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION CUMBERLAND VALLEY HABITAT For HUMANITY, INC., Plaintiff, V. AUDRA SLONE, Defendant No. 07-3126 Civil Term Amount $46,582.92 Interest Costs, CL Pltf. Paid $: Deft. Paid Due Prothy_ 248" Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: Issue Writ of Execution ?innthe above captioned case DATE: t Jq , Signs Print Name anne C. Hixenb u Address: 26 West High St. _Carlisle, P_A 17013 Telephone: (717) 243-6222 Fax: (717243-6486 ID No. 91641 WRIT OF EXECUTION - MORTGAGE FORECLOSURE SAIDIS, FLONVERR &z LIlVI)SAY 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the property described I'thee DATE: P THO Y BY: Deputy p N a Wf?Zr rr, 1 04 N j: C z? s '? cN tiv 1 V oi C' r , ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by property now or late of Charles Waggoner; on the East by an alley; on the South by property now or late of Samuel Brake; and on the West by North Pitt Street. CONTAINING 24 feet in front on said North Pitt Street, and extending at an even width of 112 feet, more or less, in depth to said alley on the East, being improved with a brick dwelling house known as No. 147 North Pitt Street. BEING the same premises which The Salvation Army, Inc. by Deed dated December 3, 1998, which Deed was recorded September 14, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 207, page 731, granted and conveyed to Cumberland County Valley Habitat for Humanity, Inc. ALSO being the same premises which Cumberland Valley Habitat for Humanity Inc. by Deed dated January 29, 2002 and recorded January 31, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250, Page 100, granted and conveyed to Audra S. Slone and Jesse J. Harrell. SAMIRS, FLCC%VF.RR & Y]NDSAY MMORM 26 West High Street Carlisle, PA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3126 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Cumberland Valley Habitat For Humanity Inc Plaintiff (s) From Audra Slone (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $46,582.92 Interest Atty's Comm % Atty Paid $190.98 Plaintiff' Paid Date: August 29, 2007 L.L. $0.50 Due Prothy $2.00 Other Costs Curti ng, Pr (Seal) By: Deputy REQUESTING PARTY: Name Suzanne C Hiaenbaugh, Esq Address: 26 West High Street Carlisle, Pa. 17013 Attorney for: Plaintiff Telephone: (717)243-6222 Supreme Court ID No. 91641 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW SUZANNE C. HDMNBAUGH, ESQUIRE 26 WEST HIGH ST. CARLISLE, PA 17013 (717) 243-6222 (FAX) 242-6486 CUMBERLAND COUNTY HABITAT FOR HUMANITY, INC., Plaintiff V. NO. 07-3126 Civil Term AUDRA S. SLONE, Defendant AFFIDAVIT PURSUANT TO RULE 31291 SUZANNE C. HIXENBAUGH, attorney for Plaintiff in the above-captioned, sets forth as of the date the Praecipe f6r the Writ of Execution was filed, the following information concerning the real property located at 147 N. PITT ST., CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s) Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 2. Name and address of Defendant(s) in the judgment: Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 FLOMMR &AMISP LE4D'W 26 Wet High Street Carlisle, PA 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Daniel Thumma 43 West Louther St. Carlisle, PA 17013 SAUDIS FLOWER, &z LR9)SAY 26 West High Street Carlisle, PA UGI Utilities 225 Morgantown Rd. Reading, PA 19612-3009 Borough of Carlisle c/o Mike Keiser 53 W. South St. Carlisle, PA 17013 Cumberland County Adult Probation Department c/o Nicole Galbraith 1 Courthouse Square Carlisle, PA 17013-0592 4. Name and address of the last recorded holder of every mortgage of record: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Daniel Thumma 43 West Louther St. Carlisle, PA 17013 UGI Utilities 225 Morgantown Rd. Reading, PA 19612-3009 Borough of Carlisle c/o Mike Keiser 53 W. South St. Carlisle, PA 17013 Cumberland County Adult Probation Department c/o Nicole Galbraith 1 Courthouse Square Carlisle, PA 17013-0592 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: Jesse J. Harrel 615 Cumberland Point Cir. Mechanicsburg, PA 17055 Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 Pursuant to a Right of First Refusal and Shared Appreciation Agreement dated January 29, 2002 and recorded in the Office of Recorder of Deeds of Cumberland County in Misc. Bk.684, Page 1482. Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 Pursuant to a Deed in Lieu of Foreclosure from Jesse J. Harrel to Cumberland Valley Habitat for Humanity, Inc. dated July 14, 2007 and recorded in the Office of Recorder of Deeds of Cumberland County, Instrument No. 200731917. 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Occupant 147 N. Pitt St. Carlisle, PA 17013 SAW FLOWER ,& UNDS" 26 west High Street Carlisle, PA FLOWEI[?t & LINDSAY 26 west High saes Carlisle, PA I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. _ Date: Suz rte. Hixenbaugh, Esquire 26 W. High St. Carlisle, PA 17013 (717) 243-6222 (FAX) 243-6486 Attorney for Plaintiff N O 7 ; t -y:.- =a c o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION SAIDIS, FLO MRR & Lfl4DS& 26 west High Stmet Carlisle, PA CUMBERLAND VALLEY HABITAT For HUMANITY, INC., Plaintiff, V. AUDRA SLONE, Defendant No. 07-3126 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO : Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: December 5, 2007 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square 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 ATTACHED DESCRIPTION). THE LOCATION of the property to be sole is: one tract of land together with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County, Pennsylvania, known and numbered as 147 North Pitt Street, Carlisle, PA 17013. THE JUDGMENT under or pursuant to which the property is being sold is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania to: Cumberland Valley Habitat for Humanity, Inc., v. Audra Slone, No. 07-3126, in the amount of Forty Six Thousand, Five Hundred Eighty Two Dollars (US) and Ninety Two Cents ($46,582.92), plus costs of foreclosure and sale of the mortgaged property until the Sheriff's Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Audra Slone; and Cumberland Valley Habitat for Humanity, Inc. by virtue of a Deed in Lieu of Foreclosure from Jesse L. Harrell dated July 14, 2007 and recorded August 14, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania: 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 the County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff or 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 ADVISE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 717.249.3166 F M'& OW UADW 26 West High Street Carlisle, PA THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas in the within county to open a judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same court if you are aware of a legal defect in the obligation of the procedure used against you. 2. After the Sheriff Sale you may file a petition with the Court of Common Pleas in the within county to set aside the sale for grossly inadequate price or for other proper cause. THIS PETITION MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. Petition or petitions raising the legal issues or rights mentioned in the proceeding paragraph must be presented to the Court of Common Pleas in the within county. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and the proposed order rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrators Office - Civil Division, of the within county courthouse, before presentation to the court. A copy of the Writ of Execution is attached hereto. Respectfully Submitted, Saidis, Flower & Lindsay SAWLS FLOWER ,& L14DSAY 26 West High Street Carlisle, PA A4r,qf '21( By e Suzanne C. 'xenbaugh, Esquire ID. No. 641 26 West High Street Carlisle, PA 17013 (717)243-6222 (FAX) 243-6486 Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by property now or late of Charles Waggoner; on the East by an alley; on the South by property now or late of Samuel Brake; and on the West by North Pitt Street. CONTAINING 24 feet in front on said North Pitt Street, and extending at an even width of 112 feet, more or less, in depth to said alley on the East, being improved with a brick dwelling house known as No. 147 North Pitt Street. BEING the same premises which The Salvation Army, Inc. by Deed dated December 3, 1998, which Deed was recorded September 14, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 207, page 731, granted and conveyed to Cumberland County Valley Habitat for Humanity, Inc. ALSO being the same premises which Cumberland Valley Habitat for Humanity Inc. by Deed dated January 29, 2002 and recorded January 31, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250, Page 100, granted and conveyed to Audra S. Slone and Jesse J. Harrell. FLOWM & LENDSM 26 West High Street Carlisle, PA C? ? C7 Ga lL? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW SUZANNE C. HIXENBAUGH, ESQUIRE 26 WEST HIGH ST. CARLISLE, PA 17013 (717) 243-6222 (PAX) 242-6486 CUMBERLAND COUNTY HABITAT FOR HUMANITY, INC., Plaintiff V. AUDRA S. SLONE, Defendant NO. 07-3126 Civil Term RETURN OF SERVICE PURSUANT TO RULE OF CIVIL PROCEDURES PA. R.C.P 3129.2 (c) 2 AND NOW this 31t' day of August, 2007, I, Suzanne C. Hixenbaugh, Esquire of the firm of Saidis, Flower & Lindsay, Attorney's for Cumberland Valley Habitat for Humanity, Inc., Plaintiff, hereby certify that I served the persons listed below who's names appeared in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders pursuant to Pa. R.C.P. 3129.2 and legal description in. BY United States mail, first class, with certificates of mailing, (Postal Form 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". 1. Name and address of Owner(s) or Reputed Owner(s) Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 SAIVIS, IIJOMMR & L OSAY 26 west High Street Carlisle, PA 2. Name and address of Defendant(s) in the judgment: Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: F MR& UNDSsv CY 26 west High Street Carlisle, PA Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Daniel Thumma 43 West Louther St. Carlisle, PA 17013 UGI Utilities 225 Morgantown Rd. Reading, PA 19612-3009 Borough of Carlisle c/o Mike Keiser 53 W. South St. Carlisle, PA 17013 Cumberland County Adult Probation Department c/o Nicole Galbraith 1 Courthouse Square Carlisle, PA 17013-0592 4. Name and address of the last recorded holder of every mortgage of record: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Daniel Thumma 43 West Louther St. Carlisle, PA 17013 UGI Utilities 225 Morgantown Rd. Reading, PA 19612-3009 Borough of Carlisle c/o Mike Keiser 53 W. South St. Carlisle, PA 17013 FZ?CyVV R ? UNPSAY 26 west High Street Carlisle, PA Cumberland County Adult Probation Department c/o Nicole Galbraith 1 Courthouse Square Carlisle, PA 17013-0592 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: Jesse J. Harrel 615 Cumberland Point Cir. Mechanicsburg, PA 17055 Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 Pursuant to a Right of First Refusal and Shared Appreciation Agreement dated January 29, 2002 and recorded in the Office of Recorder of Deeds of Cumberland County in Misc. Bk.684, Page 1482. Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 Pursuant to a Deed in Lieu of Foreclosure from Jesse J. Harrel to Cumberland Valley Habitat for Humanity, Inc. dated July 14, 2007 and recorded in the Office of Recorder of Deeds of Cumberland County, Instrument No. 200731917. 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Occupant 147 N. Pitt St. Carlisle, PA 17013 Respectfully SAMIS, FiAMER Sz LINDSAY 26 West High Street Carlisle, PA Saidis, By: bed,C. Saidis, Esquire No. 21458 for Suzanne C. Hixenbaugh, Esquire ID. No. 91641 26 West High Street Carlisle, PA 17013 (717)243-6222 (FAX) 243-6486 Attorney for Plaintiff F FIED Mail Only MAIL ; No Ins , .RECE urance Cove IPT rage P rovided) E Do RTI mestic FIED Mai! 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"4_ .......?.. aPO n A /?v ! o r .co jru LCIA N ICI Iti Pie $ . ?'' r po,r B ry` r .7? Postage $ ICY O Cerflflsd Fee J O Certlfbd Fee Plftm Rs dept Fee r p ) }c` p FIN= Redept? X3 Rertrioted Delivery Fee r' / n J p Restricted DeMvey Fee U ` I m (5ndoreerrwtnt Requred) N (Endors?nt Requred) ` ?r.. M Total Postage & Fees $ 88 ra Total Postage & Fees 0 t- C3 c- A 7Ga--© G_`."`'? _.... ......_ ............._..... r f p-'._ Qol .L_...L.9.f''.fr"?.._.....__..... ofPMOftr Aft. i ? 7 t y µW aADBarNa rDKi / 7 J3 t.?aeia ,f jK i7GS h4 L CD ru OFFI E CE USE t` Postage M p Owded Fee o2. Y p?. 3 p ° t ) Ln R•eUiotied DeMry Fee ! m i ra Tofat Postage & Fees $ \ , orP08ox o. )4-j 4- N" A 4 .... I f 7 0 .?....?_ Exhibit "A" (Page 2 df 2) CT- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which CUMBERLAND VALLEY HABITAT FOR HUMANITY INC is the grantee the same having been sold to said grantee on the 5TH day of DEC A.D., 2007, under and by virtue of a writ Execution issued on the 29TH day of AUG, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 3126, at the suit of CUMBERLAND COUNTY HABITAT FOR HUMANITY INC against AUDRA S SLONE is duly recorded as Instrument Number 200808329. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this CZ0 day of 0kZJ? , A.D. 2e'V of Deeds Hacc ddf at "e'J:s: k'UwWv1W4 County, Carl* PA my C.01 xi Expires ft Firm Mmday of Jan. 2010 Cumberland Valley Habitat for Humanity, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Audra Slone Writ No. 2007-3126 Civil Term Cpl. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 02, 2007 at 1647 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Audra Slone, by making known unto Audra Slone personally at 147 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1455 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Audra Slone located at 147 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Audra Slone by regular mail to her last known address of 147 N. Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Suzanne Hixenbaugh, on behalf of Cumberland Valley Habitat for Humanity, Inc. It being the highest bid and best price received for the same, Cumberland Valley Habitat for Humanity, Inc., of 39 Heisers Lane, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $878.91. Sheriffs Costs: Docketing $30.00 Poundage 17.23 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 262.16 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 878.91 3/24'&S =?Yl -`sra . rd cle-0 1-289s R--ld a<786 S s rs: R. Thomas Kline, Sheriff BY Real Estate ergeant . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW SUZANNE C. HIXENBAUGH, ESQUIRE 26 WEST HIGH ST. CARLISLE, PA 17013 (717) 243-6222 (FAX) 242-6486 CUMBERLAND COUNTY HABITAT FOR HUMANITY, INC., Plaintiff V. AUDRA S. SLONE, Defendant NO. 07-3126 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 SUZANNE C. HIXENBAUGH, attorney for Plaintiff in the above-captioned, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 147 N. PITT ST., CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s) Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 2. Name and address of Defendant(s) in the judgment: Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 SA MILS, LINDSAY ATTORNET__'U IAW 26 West High Street Carlisle, PA 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Daniel Thumma 43 West Louther St. Carlisle, PA 17013 UGI Utilities 225 Morgantown Rd. Reading, PA 19612-3009 SAIDIS, LINDSAY 26 West High Street ATMRNFis-AT Carlisle, PA Borough of Carlisle c/o Mike Keiser 53 W. South St. Carlisle, PA 17013 Cumberland County Adult Probation Department c/o Nicole Galbraith 1 Courthouse Square Carlisle, PA 17013-0592 4. Name and address of the last recorded holder of every mortgage of record: Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Daniel Thumma 43 West Louther St. Carlisle, PA 17013 UGI Utilities 225 Morgantown Rd. Reading, PA 19612-3009 Borough of Carlisle c/o Mike Keiser 53 W. South St. Carlisle, PA 17013 Cumberland County Adult Probation Department c/o Nicole Galbraith 1 Courthouse Square Carlisle, PA 17013-0592 J . 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: Jesse J. Harrel 615 Cumberland Point Cir. Mechanicsburg, PA 17055 Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 Pursuant to a Right of First Refusal and Shared Appreciation Agreement dated January 29, 2002 and recorded in the Office of Recorder of Deeds of Cumberland County in Misc. Bk.684, Page 1482. Cumberland Valley Habitat for Humanity, Inc. 39 Heisers Lane Carlisle, PA 17013 Pursuant to a Deed in Lieu of Foreclosure from Jesse J. Harrel to Cumberland Valley Habitat for Humanity, Inc. dated July 14, 2007 and recorded in the Office of Recorder of Deeds of Cumberland County, Instrument No. 200731917. 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: Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Occupant 147 N. Pitt St. Carlisle, PA 17013 SAIDIS, FLOVVM & LINDSAY ATMRNM-AT-LAW 26 West High Street Carlisle, PA I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsifications to authorities. , -, SAMIS, FLOWER & LINDSAY nn R14US- T-LAW 26 West High Street Carlisle, PA Date: B)? SuzanneZ. Hixenbaugh, Esquire 26 W. High St. Carlisle, PA 17013 (717) 243-6222 (FAX) 243-6486 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION SAIDIS, FWWER & LINDSAY ATWRNEr,1ff UW 26 West High Street Carlisle, PA CUMBERLAND VALLEY HABITAT For HUMANITY, INC., Plaintiff, V. AUDRA SLONE, Defendant No. 07-3126 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO : Audra S. Slone 147 N. Pitt St. Carlisle, PA 17103 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 5, 2007 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square 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 ATTACHED DESCRIPTION). THE LOCATION of the property to be sole is: one tract of land together with the buildings and improvements erected thereon located in the Borough of Carlisle, Cumberland County, Pennsylvania, known and numbered as 147 North Pitt Street, Carlisle, PA 17013. THE JUDGMENT under or pursuant to which the property is being sold is docketed in the Court of Common Pleas of Cumberland County, Pennsylvania to: Cumberland Valley Habitat for Humanity, Inc., v. Audra Slone, No. 07-3126, in the amount of Forty Six Thousand, Five Hundred Eighty Two Dollars (US) and Ninety Two Cents ($46,582.92), plus costs of foreclosure and sale of the mortgaged property until the Sheriff's Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Audra Slone; and Cumberland Valley Habitat for Humanity, Inc. by virtue of a Deed in Lieu of Foreclosure from Jesse L. Harrell dated July 14, 2007 and recorded August 14, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania: 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 the County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff or 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 ADVISE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Phone: 717.249.3166 SAIDIS, FLOWER & LINDSAY ACNRNEr-AX.lAW 26 West High Street Carlisle, PA THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas in the within county to open a judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same court if you are aware of a legal defect in the obligation of the procedure used against you. 2. After the Sheriff Sale you may file a petition with the Court of Common Pleas in the within county to set aside the sale for grossly inadequate price or for other proper cause. THIS PETITION MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. SAIMS, FLOWER & LINDSAY A=RN vaeruw 26 West High Street Carlisle, PA 3. Petition or petitions raising the legal issues or rights mentioned in the proceeding paragraph must be presented to the Court of Common Pleas in the within county. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and the proposed order rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrators Office - Civil Division, of the within county courthouse, before presentation to the court. A copy of the Writ of Execution is attached hereto. Respectfully Submitted, Saidis, Flower & Lindsay a Bydl, Suzanne CP4 ixenbaugh, Esquire ID. No. g 26 West High Street Carlisle, PA 17013 (717)243-6222 (FAX) 243-6486 Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the North by property now or late of Charles Waggoner; on the East by an alley; on the South by property now or late of Samuel Brake; and on the West by North Pitt Street. CONTAINING 24 feet in front on said North Pitt Street, and extending at an even width of 112 feet, more or less, in depth to said alley on the East, being improved with a brick dwelling house known as No. 147 North Pitt Street. BEING the same premises which The Salvation Army, Inc. by Deed dated December 3, 1998, which Deed was recorded September 14, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 207, page 731, granted and conveyed to Cumberland County Valley Habitat for Humanity, Inc. ALSO being the same premises which Cumberland Valley Habitat for Humanity Inc. by Deed dated January 29, 2002 and recorded January 31, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 250, Page 100, granted and conveyed to Audra S. Slone and Jesse J. Harrell. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-3126 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Cumberland Valley Habitat For Humanity Inc Plaintiff (s) From Audra Slone (1) You are directed to levy upon the property of the defendant (s)and to sell see legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $46,582.92 Interest Atty's Comm % Atty Paid $190.98 Plaintiff Paid Date: August 29, 2007 (Seal) L.L. $0.50 Due Prothy $2.00 Other Costs ?- 71J, ? 't- ? - - - A Cu s Long V By: Deputy REQUESTING PARTY: Name Suzanne C Hixenbaugh, Esq Address: 26 West High Street Carlisle, Pa. 17013 Attorney for: Plaintiff Telephone: (717)243-6222 Supreme Court ID No. 91641 Real Estate Sale # 69 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 147 N. Pitt Street, Carlisle, more fully described on Exhibit "A" Co CR filed with this writ and by this reference l? incorporated herein. Date: September 6, 2007 By: i Real Estate Sergeant 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. Lisa Marie Coyne, 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, viz: October 26, November 2 and November 9, 2007 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. r ?isa Marie Coyne, 7'ditor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 C-A?- Notary NOTARIAL S DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 69 Writ No. 2007-3126 Civil Cumberland Valley Habitat for Humanity, Inc. VS. Audra Slone Atty.: Suzanne Hixenbaugh DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Carlisle, Cumberland County, Penn- sylvania, bounded and described as follows, to wit: ON the North by property now or late of Charles Waggoner; on the East by an alley; on the South by property now or late of Samuel Brake; and on the West by North Pitt Street. CONTAINING 24 feet in front on said North Pitt Street, and extending at an even width of 112 feet, more or less, in depth to said alley on the East, being improved with a brick dwell- ing house known as No. 147 North Pitt Street. BEING the same premises which The Salvation Army, Inc. by Deed dated December 3, 1998, which Deed was recorded September 14,1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 207, page 731, granted and conveyed to Cumberland County Valley Habitat for Humanity, Inc. ALSO being the same premises which Cumberland Valley Habitat for Hu- manity Inc. by Deed dated January 29, 2002 and recorded January 31, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed'Book 250, Page 100, granted and conveyed to Audra S. Slone and Jesse J. Harrell. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*0t*"4Trdj5-*' Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, 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 Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY f Sworn to COMMONWEALTH OF PENNSYLVANIA Notana? Seal Jamey L. Glark. Notary Public C ily Of Harns urg, Dauphin County My Commisskx :xpres June 2, 2008 Member, Pennsylvania Association of Notaries This ad ran on the date(s) shown below: this 30 day of November, 2007 A.D. 10/24/07 10/31/07 11/07/07 ROW 49 WWr*&== ?W 1111~ fW bm. VS I Alt " SlpeliB Atty. &, r'HI'WWAWt*h DM t AIL THAT CE7tTA1N piece or parcel of land siuvft in the Borough of Catlitle, Cumberland Coady, Ptatesytvthia, boon" and wed as follows, to wit: Off the Not* by propwy now or We of Chalks Waggaac as ft Eat by am at8ay: on the Sond by prop" now orbu of Saaooct Bratr; ad on the Toby tiot* tt *act. SIG 24 fete in 6mtt on smd Notch Pic Sum, and menft at m two widlh of 112 fam more or ka; in dapdr to acid aby on the Ev? big ngwwd wi*& first dry bmw b mw as No:141 Nm&i°4tt $eeL BONG At saw Von a% wkch The Salvation Army, Inc. by Deed daiad'laeotamba 3,19%, which Deed vs t wkd 14,1999 iii the (woe of -do ]kAi¢mdet? as dad far Cumbahmd Commy m bW Hods 207, page 731, grained and Ccm?buiod County Valley Hahbu for , Inc ALSO abry bring dhc same ppemm +", CWmbadmd Valigl# ia46Med m ? O?ia #ioel?wi?r ol`?iaeir +n,nd far Q mb w%W County m Dead Beoh 230, Page 100, graatad a ud mmyod to Audaa S. Slone and Jesse J. Hard.