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HomeMy WebLinkAbout07-4559~ ~t Y MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTIING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 ,+ ! t. MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON CIVIL ACTION -LAW DEFENDANT MORTGAGE FORECLOSURE NOTICI Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objectiones a las demandas en contra suya. 5e ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 ,~ u ~~ Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 (717)93 8-6929 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT NO.: n~ yS~'q ~ 1~ CIVIL ACTION-LAW-MORTGAGE :FORECLOSURE COMPLAINT AND NOW, comes Members 1St Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1 ~ u *~ 1. Plaintiff, Members 1st Federal Credit Union ("Members 1 ~"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Judith M. Huggler a/k/a Judith M. Huggler-Johnson (referred to herein as "Defendant"), is an adult individual having a last known address of 300 Center Street, Enola, PA 17025-2607 3. On or about January 19, 2002, Defendant executed and delivered to Members 1 st a Key Loan Line Credit Agreement having a credit limit of $68,000.00 (the "Note"). A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 4. As security for Defendant's obligations under the Note, Defendant executed and delivered to Members 1St anOpen-End Mortgage ("Mortgage") on all that certain real estate and improvements erected thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 300 Center Street, Enola, PA 17025 (the "Property"). At all times relevant hereto, Defendant has been and continues to be the record and sole owner of the Property. A description of the Property is attached hereto as Exhibit "B" and made part hereof. 5. On or about January 24, 2002, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1747, Page 0113. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 2 ~ L ~' 6. The Mortgage has never been assigned by Members 1St and is still held by it as a valid and subsisting obligation of Defendant. 7. Since the date of the Note, Defendant obtained one or more advances under the Note. 8. Pursuant to the terms and conditions of the Note, Defendant agreed to repay to Members 1St the advances obtained by Defendant under the Note by way of monthly installments of principal and interest in the amount of at least $1,359.99. 9. Defendant is in default of Defendant's obligations under the Note and the Mortgage as a result of Defendant's failure to make the payments due to Plaintiff as set forth therein and as more particularly described in the Act 91 Notice attached hereto as exhibit "D" and made part hereof. 10. Members 1St gave written notice of its intent to foreclose Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. se ., and in particular section 403 thereof, and of Defendant's rights in accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seg by letter dated March 7, 2007, addressed to Defendant via certified mail, return receipt requested. A copy of the said notice is attached hereto as Exhibit "D" and made part hereof. 11. A copy of Postal form 3877 evidencing the mailing of said Notices is attached hereto as Exhibit "E" and made part hereof. 3 ~ L ~• 12. 13 14. Simultaneously, Members 1St forwazded to Defendant the same Notices as set forth in paragraph 10 above addressed to Defendant by United States mail, first class, postage prepaid, bearing the return address of Members 1St. The Notices forwazded to Defendant in said manner have not been returned to the offices of Members 1St as undeliverable or otherwise. As of July 27, 2007, Defendant is indebted to Members 1St in the amount of SEVENTY FOUR THOUSAND SIX HUNDRED FIFTY-SEVEN and 21/100 ($74,657.21) dollars itemized as follows: a. Outstanding principal $67,999.74 b. Interest to July 27, 2007 4,103.07 c. Late fees 54.40 d. Attorney's fees 2,500.00 f. Total due to Members 1st as of 7/27/2007 $74,657.21 The above attorney's fees aze estimated and are in accordance with Defendant's agreements as set forth in the underlying Mortgage and Note. Defendant will be responsible for actual reasonable legal fees incurred by Members 1St in this matter. Defendant also agreed under the terms and conditions of the Note that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 13 above, costs incurred by Members 1St as a result of the institution of these legal proceedings. 4 ~ ,. 15. The obligation owed to Members 1St continues to accrue interest at the rate of $15.3698 per day, through the date of payment and continues to accrue late charges and attorney's fees. 16. As set forth above, Members 1St has made demand upon Defendant to cure the default under the Mortgage and the Note. However, as of the date hereof, Defendant continues to fail and refuses to cure the default. WHEREFORE, Plaintiff, Members 1st Federal Credit Union, demands judgment against Judith M. Huggler a/k/a Judith M. Huggler-Johnson in the amount SEVENTY FOUR THOUSAND SIX HUNDRED FIFTY-SEVEN and 21/100 ($74,657.21) DOLLARS plus interest at the rate of $15.3698 per day, through the date of judgment entered on this complaint and on and after judgment hereon until the date of payment, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Respectfully submitted, Date: ~~ 2~-_0~- marl M. Ledebohm, Esq. Supreme Court ID # :59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ~ .. MEMBERS 1st FEDERAL CREDIT UNION Key Loan Line of Credit FEDERAL TRUTH-IN-LENDING DISCLOSURE STATEMENT -PART ONE Account Number 212265 - 01 Date JANUARY 19 ~ 2002 THIS DISCLOSURE STATEMENT IS GIVEN TO THE BORROWER WITH, AND IS PART ONE OF, THE ACCOUNT AGREEMENT. THE ACCOUNT AGREEMENT, THIS DISCLOSURE STATEMENT AND THE DISCLQSURE STATEMENT ON THE REVERSE SIDE SHOULD BE READ TOGETHER AS ONE DOCUMENT. TERM OF THE ACCOUNT. During the Draw Phase, Borrower can obtain advances of credit The Draw Phase will end on the last day of the Billing Cycle which occurs five years from the date of the Agreement. The Draw Phase will end without any requirement of notice to Borrower. The Draw Phase may end eadier than that date in accordance with the "Termination" section of this Agreement. The Repayment Phase will begin on the first day of the Billing Cycle folowing the end of the Draw Phase. The length of the Repayment Phase will depend on the balance outstanding at the beginning of the Repayment Phase and the minimum payment required during the Repayment Phase, but the Repayment Phase will not exceed 10 years. FINANCE CHARGE. At all times that this Agreement is in effect, including any period after termination in which there remains an outstanding balance on the Account, the Finance Charge on this Account will be calculated as of the last day in the Billing Cycle, in the following way. WHEN FINANCE CHARGE BEGINS. The Finance Charge on each loan er advance on the Account will begin to accrue from the day the loan or advance is posted to the Account. The Finance Charge continues until the outstanding principal balance is paid in full. There is no time during which credit is extended without the Borrower incurring a Finance Charge. PERIODIC RATE AND ANNUAL PERCENTAGE RATE. The finance Charge will be computed at a starting Periodic Rate of • 013014% per day fora 365-day year, which, corresponds to a starting ANNUAL PERCENTAGE RATE of 4.75 % per year. The rate is subject to change as described below in the "Variable Rate" section. METHOD OF CALCULATING BALANCE ON WHICH FINANCE CHARGE IS COMPUTED. Lender will compute the Rnance Charge by using the "actual daily balance" on the Account To get the actual daily balance, the Lender takes the beginning balance on the Account each day, and adds any new loans or other charges posted to the Account that day, then the Lender subtracts any payments or credits posted to the Account that day and, if applicable, any unpaid insurance premiums, unpaid late charges and unpaid annual fees. The resuh is the "actual daily balance" for that day. METHOD OF COMPUTING FINANCE CHARGE. Lender will compute the Finance Charge for the Billing Cycle by muRiplying the actual daily balance for each day of the Billing Cycle by the Daily Periodic Rate. The Finance Charge for the Billing Cycle is the sum of the Finance Charges for each of the days in that Billing Cycle. VARIABLE RATE. The Annual Percentage Rate at any 6me will be determined by adding the "margin;' which will not change during the term of the Account, to the "index" value, which will change from time to time. The Annual Percentage Rate does not include costs other than interest The Annual percentage Rate can change the first day of each month. The margin for the Account is 0 %. The index is the highest Prime Rate published in The Wall Street Journal. The index will be measured as of the last business day of the previous month. The ANNUAL PERCENTAGE RATE will never exceed 21% during th~ term of the Account. The ANNUAL PERCENTAGE RATE will never be less than %. Any change in the Annual Percentage Rate will be applicable to the then outstanding balance on the Account and to any subsequent loans or extensions of credit, until the Annual Percentage Rate changes again. Any increase in the Annual Percentage Rate will result in more of Borrower's Minimum Monthly Payment being applied to Finance Charge and less to principal. Any decrease in the Annual Percentage Rate will result in less of Borrower's Minimum Monthly Payment being applied to Finance Charge and more to principal. Any increase in the Annual Percentage Rate will cause the number of payments the Borrower will be required to make to increase and/or the amount of the final payment to change. PAYMENTS. The Minimum Monthly Payment will be equal to the greater of $50.00, which includes Finance Charges and other charges, or 2% of the outstanding balance as of the last day of the Billing Cycle in which a new loan was posted to the Account, rounded to the next even dollar, which includes Finance Charges and other charges. ADVANCES OF CREDIT. Borrower may obtain loans on the Account during the Draw Phase. Lender agrees to make loans on the Account so long as the outstanding balance does not exceed the Authoraed Credit Limit shown on the front side of the Key Loan Line of Credit Agreement Each Borrower agrees that any one or more Borrowers may obtain loans on the Account wRhout the consent or signature of any other Borrower, for any purpose. All loans obtained by any Borrower, and all other charges to the Account as to which any Borrower agrees, shall be proper charges to the Account. The Borrower agrees not to request a loan or obtain an advance on the Account for an amount less than $200.00. Borrower may obtain loans on the Account in the following ways: SPECIAL CHECKS. Borrower may obtain loans by writing one of the Loan Drafts, a supply of which will be provided by the Lender for that purpose. The minimum advance is $200.00. AUTOMATED TELLER MACHINE ADVANCES. Borrower can use an automated teller machine card to obtain a cash advance, and the advance will be a loan on this Account. Lender may at any time provide Borrower with a Personal Identification Number ("PIN") to be used to access the automated teller machines. The minimum advance is $200.00. VERBAL REQUEST FOR WITHDRAWAL Borrower may obtain loans on the Account by requesting a withdrawal in person. TELEPHONE TRANSFERS. Borrower may call the Lender to authorae and request transfers to Borrower's designated account, and the transfer will be a ban on the Account ~~:I;11Id:L1:L~~ CLOSING COSTS. To open and maintain the Account, Borrower must pay certain fees and charges. The following fees must be paid to others: Descri tion Amount Paid In Cash Amount Financed Pro a Re ort NONE NONE A sisal Surve Title Examination Title Insurance Settlement Fee Nota Fee Recordin Fee Attorne s Fee Credit Re ort Taxes LATE CHARGE. Borrower agrees to pay a late charge of 4% of any payment, if any payment is not made within 15 days of its due date shown on the monthly statement. No late charge will be due if the reason the payment is late is a continuing delinquency on a prior payment or because, after default, the entire outstanding balance became due. APPLICATION OF PAYMENTS. Payments made an the Account will be applied in the following order: Finance Charges, outstanding principal balance, late charges, court costs and attorneys' fees. SECURIT! INTEREST. Borrower is giving the Lender a security interest in real estate and money or property on deposit with the Lender to secure this Account. Collateral securing other obligations to the Lender may also secure this Account TAX DEDUCTIBILITY. Borrower should consult a tax advisor regarding the deductibility of interest and charges for the Account PROPERTY INSURANCE. Property Insurance is required on the Mortgaged Real Property. If the property is in a Special Flood Hazard Area, Flood Insurance is also required. Borrower or Owner may obtain Property Insurance and Flood Insurance from anyone Borrower chooses, who is acceptable to the Lender. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION WHICH IS PART TWO OF THIS DISCLOSURE. EACH BO ROWER A D OR OWNER ACKNOWLEDGES ECEIP OF A COMPLETELY FILLED-IN COPY OF THIS DISCLOSURE ON THE DATE INDICATED. - ~~ ~ s B wer G D Borrower Date Owner Date Owner Date BANCONSUMn2 FORM PAS71~6~~38 (flex. 12/94) ORIGINAL - While ~ BORROWER'S COPY ~ Gnary ~ BORROWER'S COPY - PinN ~ COPY ~ Goldenrod ° 1994 BANCOHSUMER SERVN;E, INC. EXHIBIT "A" FEDERAL TRI~TH-IN~LENDING DISCLOSURE STATEMENT -PART TWO AND IS PART TWO OF, THE ACCOUNT AGREEMENT. THE ACCOUNT AGREEMENT, THIS O THE BORROWER WITH , THIS DISCLOSURE STATEMENT IS GIVEN T AND THE DISCLOSURE STATEMENT ON THE FRONT SIDE SHOULD BE READ TOGETHER AS ONE DOCUMENT. DISCLOSURE STATEMENT, POSSIBLE ACTIONS WfFICH MAY BE TAKEN BY LENDER. Under. the circumstances this section or the fact that such condition no longer exists, shall extend or in any way ct the termination of the Account according to any other section or provision of th(s aff described below, Lender can (1) terminate the line of credit; (2) require Borrower to balance on the Account in one payment; (3) refuse to make din t t ti e Agreement Any of the folbwing conditions will be grounds for Lender to temporarily dit li it h g s an re ou pay the en additional extensions of credit; (4) reduce the credit limih and/or (5) make specific m e cre prohibit additional extensions of credd and/or reduce t (1) The value of the Mortgaged Property declines significantly below its appraised changes that are set forth below. value for the purposes of the plan. There will be a sigmf(cant decline rf the TERMINATION. If the Account is terminated, Borrower shall no longer have the right to or make any charges to, the Account, and Lender shall. no bnger be obtain loans from "available equity in excess of the credit 1fmiY' at the time of the appraisal is less than 50% of the "available egujty in excess of the credit limit" at the time the " , obligated to make advancesbn the Account shall be Account is opened: The "available equrty in excess of the credit limit TERk11NATI0N UPON DEFAULT. The Borrower will be in default and the Account will of the if the difference between (a) the apppraisal value of the Mortgaged Property and (b) count plus the credd limits of all other A f tfi it j li any terminate, effective upon Lenders Notice of Termination to Borrower, c e o m t the sum of the cred accounts secured by prior mortgages on the Mortgaged Property, plus the then folbwing occur. (1) Any Borrower has committed any fraud or made any material misrepresentations the application for the Account, the Mortgage, or in connection with the Account outstanding balances of all other prior liens and encumbrances. In ds discretion, Lender may obtain appraisals from time to time at Lender's expense. If Lender , any information provided or representatwn made during the term of the Account rower fails to pay the payments or any other amounLc which are due in B Th 2 has prohibited extensons of credd and/or reduced the credit limit and the value of the Mortgaged Property subsequently increases, Borrower may provide Lender or e ( ) connection with the Account as promised in the Agreement, within 30 days of the with a written request to remove the .restriction. The request shall be ' ' payment due date. (3) The Borrower takes any action or fails to take any action which was promised in s expense. isaal obtained at Borrower accompanied by an appra For the purpose of the section, an appraisal shall be defined as a certified hi /h this Agreement or in the Mortgage, which adversely affects the Lenders secunty, d er s appraisal by a licensed real estate broker who regularly, in the course of makes appraisals of comparable residential real estate in the iness b y. or any right of the Lender in the secur (4) If further extensions of credit on the Account are prohilided for a period of time , us geographic area where the Mortgaged Property is located. because of a circumstance listed bebw, and subsequei4dy that circumstance no the Lender may terminate the Account 'rf the Borrower has caused longer exists (2) Borrower rs m default of any Matenal Obligatxm listed in the Agreement (3) Lender reasonably believes that Borrower will be unable to fulfill the repayment , or allowed a mortgage or other lien to be recorded against the Mortgaged obligations under this Agreement because of a material change in Borrowers Property at any time, unless that mortgage or lien is subordinate to the Lenders financial circumstances. Mortgage as to past and future advances of credit on the Account PROHIBITION OF ADDITIONAL EXTENSION OF CREDITS -- ADDITIONAL (5) The Borrower sells, gives away, transfers, or takes any action (or fails to take any CIRCUMSTANCES. If any of the conditions fisted in this section occur, Lender may action) which causes or albws conveyance of the Mortgaged Properly, or any temporarily prohibit additional extensions of credit and/or reduce the credit limit. part thereof or interest therein. Lender will give Borrower notice of the prohibition. If circumstances subsequently If Borrower is in default under this section during a period when further extensions of credit are temporariy prohibited, Lender may, nevertheless, terminate the Account in change so that the condition no bnger exists,. Lender shall be obligated to again allow extensions of credit on the Account, and will give Borrower notice that the credit is accordance with this section. ACCELERATION OF THE OUTSTANDING BALANCE. Unless prohibited by law, if the again available. (1) The Lender is precluded by government action from imposing the Annual Account is terminated upon default, Lender may, at ik option, after notice required by clare due and payable the entire balance owing on the Account If this happens, d l Percentage Rate proviied for in the Agreemend. (2) The priority of the Lenders security interest is adversely affected by government t 120 e aw, Borrower will be required to pay the outstanding balance on the Account in one percen action tD the extent that the value of the security interest is less than payment at that time. If Borrower (or any one of them if there is more than one) is now or becomes fn the of the credit limit 13) The Lender is notified by its regulatory agency that continued advances constitute an unsafe and unsound practice. future an executive officer of the Lender with respect to whom federal law requires the Lender be due and payable on demand, then, during d b d dit ll (4) The maximum Annual Percentage Rate is reached. b y grar e cre that a such times as federal law so requires, all credit granted under this Account shall be !f the credtt is due and payable on demand, Lender can mand d bl e cause CREDITOR'S OPTION ON DEFAULT. If any circumstance exists which would for Lender to temporarily prohibit further extensions of credit on the Account and/or . e e on due and paya at such times require that the entire outstanding balance be paid immediately in one sub)ect to applicable law, Borrower will be in defautl of this Agreement if ment and a reduce the credit limit (a) Such action may be taken by Lender at any time during which the circumstance , p y payment is not made as required. If Borrower is in default under the section above titled 'Termination Upon Default" continues to exist Ib) And the circumstance would also be cause for the Lender to terminate the at its option, take either action at any time during which Lender may Account during the Repaymerd Phase or during a time when the Account is already terminated, declare due and payable the entire balance law uired b re ti ft , , the circumstance continues to exist; Lender's remedies shall be cumulative, and , y q ce er no Lender may, a not alternative. owing on the Account If Lender declares the entire balance due and payable, Lender can bring sutt.for the WARRANTIES AND REPRESENTATIONS: Borrower warrants and represents that the funds (Collateral) are obtained and will be used in connection w'dh lawful .activities, amounts due, foreclose the Mortgage or take other action as permitted or provided by pursuits, endeavors, ventures or businesses, and Borrower will not use the funds law to collect the balance owing. (Collateraq to violate any law that could result in forfeiture proceedings being instituted. PROHIBITION OF ADDITIONAL EXTENSIONS OF CREDIT AND/OR REDUCTION OF THE CREDIT LIMIT. If any of the conditions listed in this section occur, Lender may Borrower agrees to promptly inform Lender of any proposed proceedings or actual roceeding which would subject the funds (Collateral). to forfeiture to any g temporarily prohibit additional extensions of credit and/or reduce the credit limit. Lender will notity Borrower within three (3) business days of the suspension, and overnmental body. g PROHIBITION OF ADDITIONAL EXTENSIONS OF CREDIT AT THE REQUEST OF provide a statement of the reason for such action. The suspensbn is effective when Lender maib the notice to Borrower. Suspending the Account will not affect Borrowers BORROWER: Any Borrower may direct the Lender to prohibit further extensions of A notice by any Borrower of an intention not to be obligated for ourd A th i obligations to Lender under this Agreement If circumstances subsequently change so that the condition which gave rise to the prohibition no longer exists, Lender shall Ire . cc e t on cred any additional loans on the Accouitt shall be considered a request to prohibit further shall become effective as soon as Lender can hibiti Th obligated to again allow extensions of credd on the Account and/or restore the credit limit. This obligation shall commence fifteen (15) business days after the Lender on e pro extensions of credit reasonably act to stop new loans from being made. Any Borrower who joined in the it must join in any request to reactivate i theecond tionrwh ch gave rise to they prohibition no longr exists. No col ndition I sled ii be effecti ~ the credit I ne fobsuch request to BILLING ERROR RIGHTS FORM (Keep this notice for future use) This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us In Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, wrde us on a separate sheet, as soon as possible, at the address listed on your You can telephone us, but doing so will not preserve your rights. the error inin t t co bill. We must hear from you no later than 60 days after we sent you the statemen ' . g n a In your letter, please provide the following informatioo: ~ • Your name and account number; • The dollar amountof the suspecked error, • A descripfan of error and an explanaton of why you believe there is an error. If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic paymen t is scheduled to occur. Your Rights and Our Responsibilities We must ackrawledge your letter witliin 30 days, unless we have corrected the error by then. Within 90 days, we mi3st etther correct the error ar explain why we believe the bill was correct We may continue to bill you for the amount in question, including amount(s) in dispute f . or any After we receive your letter, we eannot try to collect or report you as delinquent finance charges, and we can apply any unpaid amount against your credit limit You do not have to pay any: queshoned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on the bill, you will not have to pay any finance charges related to any questioned amount If there was no error, you may have to pay finance will send you a statement of the amount you owe and the date that it is due. h er case, we charges, plus missed payments relating to the disputed amount. In ed If you fail to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within ten days telling we must tell you the name of anyone we reported you to. We And our bill ut b ti us that you still refuse to pay, we must tell anyone we report you to that you have a ou to that the matter has been settled between us when t , . y on a o ques tt finally is. y must tell anyone we repor If we don't follow these rules, we can't collect the first $50.00 of the disputed amount, even if your bill was correct. 9ANCONSUMER FORM P0.571(b1~38 (Rev. 12/94) NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. FORM PA}S70(b~;SlRev.~3/94) ....... ~ 'C :.>,.,,,..a...,",..o..v,~...,.,,~ v i v~.~ „ Date J.~.~I 1° s 2002 Account No. ~~ 2255-O1 Authorized Credit Limit $ 53,000.00 A SEPARATE DISCLOSURE STATEMENT, PART ONE AND PART TWO, HAS BEEN GIVEN TO BORROWER WITH, AND IS PART OF, THIS AGREEMENT. THE DISCLOSURE STATEMENT, PART ONE AND PART TWO, AND THIS AGREEMENT SHOULD BE READ TOGETHER AS ONE DOCUMENT. As used in this Agreement, the following definitions apply: "Borrower" means each person signing this Agreement as a Borrower, individually, and, if more than one Borrower signs, all Borrowers, collectively. "Lender" means Members 1st Federal Credit Union, an3d~y Cr~~f'n ST on to~o0m~t\he Lepnd~er~g~igrts~ interest in this Agreement "Mortgaged Property" means the real estate located at ~ 5 . upon which the Owners have given the Lender a Mortgage to secure payment and performance of Borrower's obligations under this Agreement. "Owner" means each person signing the Mortgage upon the Mortgaged Property, individually, and, if more than one Owner signs, all Owners, collectively. One or more Owners may also be Borrowers. "Account' means the revolving loan Account which is the subject of this Agreement. "Authorzed Credit Limit' means the total dollar amount of credit available to Borrower on the Account, and is stated above. 'Termination" of the Account means that Borrower will no bnger be permitted to obtain loans or advances of credit on the Account. Termination affects the Account permanently. "Billing Cycle" means the interval between the dates each month when the monthly billing statement is prepared. GENERAL DESCRIPTION OF THE ACCOUNT. This Account is a revolving loan account, secured by a Mortgage on the Mortgaged Property. During the Draw Phase, Borrower may obtain loans on the Account in the ways described in the "Advances of Credit' section of the Disclosure Statement-Part One, up to the Authorized Credit Limit Loans will be added to the balance on the Account to be repaid by monthly payments. As the balance on the Account is repaid, the credit will again be made available to Borrower, up to the Authorized Credit Limit. Any balance remaining on the Account at the end of the Draw Phase will be repaid during the Repayment Phase, but no further loans will be made during the Repayment Phase. The Draw Phase will begin after Lender notifies Borrower that the credit has been approved and the Borrower's and, if applicable, Owner's right to cancel the Agreement has expired. Interest will be charged on the outstanding principal balance at a rate that may change from 6me to time. The method of calculating the interest is described in the Disclosure Statement-Part One. B01)ROWER'S PROMISE. Borrower promises to repay any extensions of credit and proper charges to the Account, with interest calculated in accordance with this Agreement During the Draw Phase and the Repayment Phase, so long as any amount due on this Account remains unpaid, Borrower will pay each month at least the minimum payment due on the last day of each month. The method of calculating the minimum payment is described in the D'acbsure Statement•Part One. Borrower will pay all other fees, costs and charges required by this Agreement, including, 'rf Lender files suit or takes other legal action to collect the amount due on the Account or to protect any Collateral secudng the Account, all costs incurred and a reasonable attorney's fee of not less than 15% of the amount due. Borrower promises to repay upon demand any exten~on of credit on the Account to the extent that the outstanding principal balance on the Account exceeds the Authorized Credit Limn payment under this sentence will be due in addition to the minimum payment due on the Account If the Lender temporarily prohibits further extensions of credit, Borrower promises to continue to make the minimum payments due on the Account, unaffected by the temporary prohibition. MATERIAL OBLIGATIONS. (a) Borrower will use the Mortgaged Property only for personal, family and household purposes as Borrower's principal dwelling. (b) Borrower will make all payments on the Account when due, and will make the payments at the place and in the manner set forth on the billing statements. (c) Borrower will pay, or cause to be paid, all taxes and assessments (including condominium or similar assessments, if applicable) which may obtain priority over the Mortgage, when and as they become due. (d) Borrower will cause the improvements existing on the Mortgaged Property to be insured against loss by fire and other hazards and casualties, including Flood Insurance, if applicable with an insurance company acceptable to Lender. All policies shall be in a form acceptable to Lender and shall name Lender as "loss• payee" or "additional loss-payee;' as appropriate, and provide that Lender be given not less than 10 days written notice prior to cancellation or reduction of coverage. (e) Borrower will pay or perform all obligations under any mortgage er security agreement on the Mortgaged Property which has priority over the Mortgage securing this Account. (f) Borrower will keep, or cause to be kept, the Mortgaged Property in good order and repair, shall not permit waste or deterioration of the Mortgaged Property and shall not use or allow the Mortgaged Property to be used for any illegal purpose. It the Mortgaged Properly is a condominium or part of a planned unit development, Borrower shall comply, or caused to be complied, with all by-laws, regulations or restrictions of record. g) Borrower will permit, or cause to be permitted, inspections of the Mortgaged Property by agents of Lender, upon reasonable notice. ~h) Borrower will not sell, give or transfer ownership of the Mortgaged Property or any right therein, or permit such sale or transfer, in whole or in part, without Lender's prior written consent (i) Borrower will not commit fraud or make any misrepresentations in connection with the Account, any personal financial statements, appraisals, or other information provided to Lender during the term of the Account. Q) Borrower will not enter into or be placed into Bankruptcy. FEES AND CHARGES. CLOSING COSTS. To open and maintain the Account, Borrower must pay certain fees and charges which are itemized in the Disclosure Statement•Parf One. ADVANCES OF CREDIT. Each Borrower agrees that any one or more Borrowers may obtain loans on the Account without the consent or signature of any other Borrower, for any purpose. All loans obtained by any Borrower, and all other charges to the Account as to which any Borrower agrees, shall be proper charges to the Account. Borrower may obtain loans on the Account in the ways described in the Disclosure Statement-Part One. Lender is not responsible if, for any reason, anyone fails or refuses to honor the Special Checks or any other device Lender provides to Borrower to obtain loans on the Account, or if any automated teller machine (if applicable) fails to operate or operates improperly at the time Borrower attempts to obtain a loan. Any claim that Borrower has against a third party must be resolved directly with that party. PREPAYMENT. Borrower may prepay the outstanding balance on the Account, in whole or in part, without penalty. A payment on the Account in any Billing Cycle of an amount greater than the minimum monthly payment due, but less than the entire outstanding balance, will be considered a partial prepayment. A partial prepayment will bP applied to reduce the outstanding balance on the Account, but will not postpone the minimum monthly payment due the following month and will not change the way it is computed. LENDER'S OBLIGATION TO EXTEND CREDIT. Lender agrees to: (1) during the Draw Phase, extend credit on the Account in response to any proper request for credit made by the Borrower; and (2) during the first Billing Cycle of the Repayment Phase, extend credit on the Account in response to any proper request for credit made by Borrower if the proper request was initiated and dated during the Draw Phase. A request for credit shall not be considered a proper request if: (1) it would cause the outstanding balance on the Account to exceed the Authorized Credit Limit; or (2) it is received by the Lender, initiated or dated during a 6me when the Account is terminated in accordance with the "Termination" of section of this Agreement ar (3) it is received by the Lender, initiated or dated during a time when further extensions of credit are prohibited under the "Prohibition of Additional Extensions of Credit" section of the Disclosure Statement•Part Two; or (4) it is not made in accordance with the "Advances of Credit" section of this Agreement In the event of Borrower's death or legal incapacity, a request for credit by Borrower will be a proper request if the loan is made and posted to Borrower's Account before Lender received written notice of the death or incapacity. THE ADDITIONAL TERMS ON THE REVERSE SIDE ARE PART OF THIS AGREEMENT. ACKNOWLEDGMENT OF RECEIPT. Each person signing this Agreement acknowledges receipt of a completed copy of this Agreement. Borrower's Name and Address JUDIT'-T M HLJGGI~'. 300 i~'I' ~ ST2~T• <' ~InT ~ ~ p~ i 7025 INTENT TO BE LEGALLY BOUND. Each Borrower signing this Agreement intends to be legally bound by its terms, including the terms stated in the Disclosure Statement. L d r, by 4pprovi~g e~redi d establis 'ng the Account, has a idenc its intent to be legally bound by the terms of this Agreement. ~ L~oZ- Date r wer - - GG - to Borrower h Owner signing~this Agreement w is not a Borrower, and does not have the right to obtain loans on the Account, is agreeing only to be legally bound by the terms of the Agreement and the Disclosure Statement relating to the Mortgage and the Mortgaged Property; the Owners liability is limited to the Owner's interest in the Mortgaged Property. Date Owner Date B~NCONSUMER FORM PIS70~b~-5 (Rev. 3/941 NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION. a rsva anNCOesuMER SERVicE, iNC. OTHER PROPER CHARGES TO THE ACCOUNT. Lender may, at its option, extend credit on the Account in response td any other request for credit made by Borrower at any time. Such extensions of credfl shall also be considered proper charges to the Account AMENDMENTS OF THE TERMS OF THE ACCOUNT. Lender may amend the terms of the Account by prior notice to Borrower under the following circumstances: (1) If the index on which changes in the Annual Percentage Rate are based no longer is published or is otherwise unavailable, Lender may change the index and margin used. Lender will choose a new index that has an historical movement substantially similar to that of the original index, and the new margin will be chosen so that the new margin and index would resuR in an Annual Percentage Rate substantially similar to the rate in effect at the time the original index becomes unavailable. (2) Lender may make an insignificant change in the terms of the Account if permitted by federal law. (3) Lender may make a change in the terms of the Account which will benefit Borrower. Any other amendment of the terms of the Account must be contained in a written agreement between Lender and Borrower. STATEMENTS. Lender will mail to Borrower a periodic statement of the Account at the end of each Billing Cycle, unless such a statement is not required by law. The statement will show the activity in the Account during the Billing Cycle. Unless Borrower notifies Lender in writing of errors in the statement within 60 days from the date it is mailed, the statement shall be considered correct and accepted by Borrower. If there is more than one Borrower, each agrees that if the statement is sent to and accepted by any Borrower, it shall be considered correct as to and accepted by all Borrowers. SECURITY. To secure the payment of sums due on this Account, Borrower and/or Owner have executed a Mortgage in Lender's favor dated the same date as this Agr@emenL Lender hereby waives (gives up) its security interest in the Mortgaged Property as to any extension of credit to the extent that it would cause the outstanding balance to exceed the Authorized Credit Limit. Borrower also grants Lender a security interest in: (t) Any of Borrower's property which is in Lender's possession at any time. (2) All credit insurance proceeds and return insurance premiums which any Borrower elects to obtain. (3) All proceeds of insurance which Lender requires Borrower to obtain on the Mortgaged Property in accordance with the Mortgage and/or this Agreement Collateral securing other obligations to Lender may also secure the payment of this Account TERMINATION. If this Account is terminated, Borrower shall no longer have the right to obtain loans from, or make any charges to, the Account, and Lender shall no longer be obligated to make advances on the Account If Lender, at its option, chooses to make further advances on the Account, such advances shall be proper charges to the Account for which Borrower shall be liable to repay. If the Account is terminated, unless Lender exercises its right to require the balance to be paid sooner, the day following the last day of the Billing Cycle in which the termination occurs shall be the first day of the Repayment Phase of the Account. COLLECTION COSTS. Borrower agrees to pay all court costs and fees, as well as reasonable attorney's fees, as permitted by law, incurred in connection with any acfion instituted to collect on this Account or to protect any Collateral securing the Account PAYMENT MARKED "PAYMENT IN FULL." Borrower agrees not to submit any checks to Lender in payment of Borrower's Account marked °Payment in Full," unless the amount of the check is at least equal to the total balance then owing on Borrower's Account. If Borrower does submit a check to Lender marked "Payment in Full" for a sum less than the balance due on the Account, Lender may accept the check in partial payment of the balance due on the Account, and will not be bound by the "Payment in full" notation. Lender will not be deemed to have waived its rights to full payment of the balance due on the Account by accepting such check. DELAY IN ENFORCEMENT. Lender can delay enforcing any of its rights under this Agreement without bring them. Any waiver by Lender of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion. CHANGE OF ADDRESS AND NOTICES. Borrower agrees to notify Lender immediately in writing of any change in Borrower's address. All notices and monthly statements will be delivered to Borrower at Borrower's last address appearing in Lender's records. Notices sent to that address will be effective for all purposes under this Agreement If Borrower sends a notice or letter to Lender, it must be sent to Lender at the address appearing on the most recent billing statement. Borrower waives any presentment, demand, protest, notice of protest and dishonor and any other notice to which Borrower maybe entitled and may, by law, be waived. JOINT AND SEVERAL OBLIGATION. Each Borrower who signs this Agreement, and the heirs and personal representatives of each, will be equally responsible, individually and together, for payment of the total amount owed. ASSIGNMENTS. Borrower may not assign or otherwise transfer Borrower's rights and privileges under this Agreement. Lender may assign any and all of its rights and obligations under this Agreement and the Mortgage at any time without Borrower's consent. The person(s) to wham Lender assigns this Agreement and Mortgage shall be entitled to all of lender's rights and be subject to all Lender's obligations under this Agreement and the Mortgage. None of Borrower's rights shall be affected by such assignment. SEVERABILITY. If it is determined for any reason that a part of this Agreement is invalid or unenforceable, this shall not affect the validity or enforcement of any other provision of this Agreement. This Agreement will then read as if the invalid or unenforceable part were not there. ENTIRE AGREEMENT. This Agreement, the Disclosure Statement, any Rider hereto, the Mortgage, and the Application Form related to this Account contain the entire agreement between Lender and Borrower. This Agreement supersedes all previous agreements, oral or written, between the parties relating to this Account WARRANTIES AND REPRESENTATIONS: Borrower warrants and represents that the funds (Collateraq are obtained and will be used in connection with lawful activities, pursuits, endeavors, ventures, or businesses, and Borrower will not use the funds (Collateral) to violate any law that could result in forfeiture proceedings being instituted. Borrower agrees to promptly inform Lender of any proposed proceedings or actual proceeding which would subject the funds (Collateral) to forfeiture to any governmental body. GOVERNING LAW. This Agreement shall be governed by the laws of the Commonweahh of Pennsylvania except to the extent that such laws have been pre- empted or superseded by federal law. BANCON9NMER FORM PA9 70(b~b Rev. 3/94) .....E CERTAxg .iota or traota pt k#nd ~ Mith the bui ldinga #rM ieiproytaienta ~ ~• thereon eraatad~~.ai.tuote in Eaat Pannaboro Tawnahip~ Cwaberland'Caue-ty~ Ponnayireni#, anti being all or Lot N9 and part of. Lot N10~ 8iook M, of the .plea or Wuat 8nola~ whiah'plaa !a regarded in the Ortiee.pr,th• Recorder er peeda is snd' .for Gumberiarnf County la P1#n Book P6•~ page 1T4 and aor• partioulariy bounded aqd desoribad in aeoordanoe with # aurvey.a~ade by Srneat J. Wsiker~ P,L.R dated April 30r T975, a rollo+ra, to Nits BE:GIIIN7RG at a paint an the weaters aide of Cheater Avenue et the dividing Sine • betwoon Iota /8 end l9, Blgok M. of the atoreraentioned plan or lots; whioh point .ia laeated 400 teat eouth at the aouthara line or Franklin Road; theno• along the' . western aide or Cheater Avenue. South 9 degrees 80 minutaa west B4.feet to a point on the wenterq aide of Cheater Avenue; thenoa south 80 degrees 3d miautea west 4S.T0 feet to a paint; thence :fouth 6q degrees 28.:eieutea.5$ aecond# iiaat 57.37 feet to a point= thecae South 87 degreaa 00 oinutea Z3 aeeoada went 66:Mq teat to # point on the aeatern aide of Center Street; thecae Rerth !8 degrees T6:ainutea Keat 88.05 teat to a ataka on the dividing line between Lgts 18 and f9 ac plan; thenoe along a~iid dividing lice !forth 80 degrees g0 ninutea Sart 177.$ feet to s stake oa the western line of Cheater••Arenue, the plane at BE6IIINTR6. w:~,;,,, HlIYIIW 7'tlEBBON ERECT~[l a eingio black rtucao dxeilind hauee known and auA-bered' as X00 center Street; • `: -ti.., . 4~.~: .. ;~_;, •~~.,; .:s4••.:~,~~: •~ .77w7 '; •' :?x! ~.;, ~,., •-. ~ ~, EXHIBIT "B" ~' ~ ~ ~~ t OPEN-END MORTGAGE (This Mortgage Secures Obligatory future Advances) 1 C?~;. A,'t 5~~ ~~9~ THIS MORTGAGE is made this ~ ~ ~-,.1 day of J~-.iJU~ u.. between J~TD7 ~? ~i ~JGuT (whether one or more persons called "Owner") and 1Aembers 1st Federal Credit Union, P.O. Box 40 Mechanicsburg, PA 17055 (called "Lender-. .. -- ~ ~, :. . ~~v ' 02I ~flN 2`~ A~1 „T? - ` n ~? T _,3 ~. (whether one or more persons called "Borrower") has been granted a WHEREAS, ~~~ - '[ ~~ C ~I ? C}_~.t1 Account (called the "Account"s by Lender with a Credit Limit of $ a3 ^ ~~'J •'~~ , as evidenced by ,r. 1 . ~ ~ ~ ?, ~ an Account Agreement (called the "Agreement") dated ~• ~~ ~~ ~- ~ ^ ~ ;and WHEREAS, Lender is obligated under the terms of the Agreement to make advances to Borrower from time to time up to the amount of the Credit Limit; and WHEREAS, Borrower has agreed to repay such obligatory advances and interest thereon in accordance with the terms of the Agreement; NOW, THEREFORE, in consideration of the above premises and to secure to Lender the repayment of all amounts, with interest thereon, advanced to Borrower in accordance with the terms of the Agreement, the payment of all sums, with interest thereon, advanced to protect the security of this Mortgage, the performance of all covenants contained in the Agreement and this Mortgage, and all extensions, renewals, modifications and amendments of the Agreement, Owner does hereby mortgage, grant and convey to Lender all of the following described real estate, together with all improvements now or hereafter erected, and all easements, rights and appurtenances thereon, located at: ?~J C~~~:'~~,.: G ~ :FIT Street a`~'..S'", ~,'~~IS'r'i:Q '~'~LJf`ZSI~Ii' CJ[~~',::~:it~~ ,Commonwealth of Pennsylvania, (the'Property'), Township/City/Municipality/Borough County which was conveyed to Owner by Deed dated AUGUST 22, 193u ,and duly recorded in the office for the Recording of Deeds in said County in Deed Book No. 32-D ,Page 593 ,Tax Parcel Number (or other Uniform Parcel Identifier, if any) , as the Property is therein described and, [ ] if checked, as the Property is more particularly described in Exhibit "A "which is attached hereto and made a part hereof. Owner and Lender covenant and agree as follows. 1. THIS IS AN ADVANCE MONEY MORTGAGE-It is expressly understood and agreed that this Mortgage secures, inter olio, certain obligatory loans and advances to be made from time to time by Lender to Borrower pursuant to the Agreement, which future advances are secured by this Mortgage as if made on the date hereof. 2. Owner and Borrower warrant and represent to Lender that Owner owns and 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. 3. Borrower shall promptly pay to Lender interest, principal and any other sums due under the Agreement, in accordance with the terms of the Agreement. 4. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any prior mortgage or security agreement. The proceeds of such award may; at Lender's option, be used to pay the outstanding amount under the Agreement secured by this Mortgage. 5. Except for any notice required under applicable law to be given in another manner, (a) any notice to Owner provided for in this Mortgage shall be given by delivering it personally or by mailing such notice by certified mail, addressed to Owner at the address of the Property or at such other address as Owner may designate by notice to Lender as provided herein; and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Owner as provided herein. If notice is given by certified mail, it shall be deemed to have been given on the date of mailing. 6. Owner will not sell, give, transfer, or encumber the Property or any right in the Property, in whole or in part, without Lender's prior written permission. 7. Mortgagor shall be in default under this Mortgage if Mortgagor breaks any promise or fails to perform any duties contained in this Mortgage or in the Agreement. 8. Otj`default, Mortgagee, after notice required by law or in the Agreement, may take any action allowed by law or under the terms of the Agreement or this Mortgage. 9. Any"extension of time for payment or reduction of the amount due under the Agreement which is granted by Lender to Borrower shall not operate to release in any manner any other Borrower or Owner under the terms of the Agreement or this Mortgage. Any farebearance by Lender in exercising any right or remedy under this Mortgage or otherwise afforded by applicable law shall not be a waiver of or preclude the exercise of any such right or remedy. 10. Lender's rights and remedies under this Mortgage shall be cumulative and the exercise of any one or more of these rights shall not preclude the exercise of any other rights or remedies specifically granted in this Mortgage or permitted by law. 11. The covenants and agreements herein contained shall bind and the rights hereunder shall inure to the respective successors and assigns of the parties. If more than one Owner signs this Mortgage, their obligations shall be joint and several. 12. As additional security hereunder, Owner hereby assigns to Lender the rents of the Property, provided that Owner shall, prior to the declaration of an Event of Default, have the right to collect and retain such rents as they become due and payable. 13. The State and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Agreement which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Agreement are declared to be severable. 14. Owner agrees that any interest payable after a judgment is entered, or on additional sums advanced, shall be at the same rate as is stated in the Agreement. PROVIDED, nevertheless, that should Lender's obligations to make advances to Borrower pursuant to the terms of the Agreement be terminated, and provided furthermore, that should Borrower pay in full all sums secured by this Mortgage, then, on written demand of Owner, Lender shall, within 10 days, either satisfy this Mortgage or record or deliver a written release of this Mortgage to Owner. IN WITNESS WHEREOF, each Owner has hereunto set hand-~nd,seal the day and year first above written. i~ WITNESS: ~ (SEAL) ,. x y ~ er .J[J)~T'~ E i•1 'rN"~U? LR . R!f ~ mil} t ~ (SEAL) EXHIBIT ~~ ~ ®2000 BANCONSUMER SERVICE, INC. BANCONSUMER FORM PA 108-PERRY (2/00) '' ~ ~- NOTICE This is an Advance Money Mortgage securing an Open-End Line of Credit on which Borrower may obtain loans from time to time, even after an existing balance is paid in full. Any request by Borrower, or by anyone on Borrower's behalf, that the Account be terminated prior to its maturity date, if any, must be in writing and signed by all Borrowers. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER OTHER MORTGAGES Owner and lender request the holder of any mortgage or other encumbrance on the Property to notify Lender, at the address set forth below, of any default, sale or foreclosure action that pertains to the Property or Lender's interest therein. I hereby certify that the precise address of the Lender (Mortgagee) is: On behalf of Lender. BY: v Title: ~~ISR COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF i~AUPi~IiQ On this, the '-g~~1 day of J~,IdU~~Y 2002 ,before me, ~~'! l~ i ~L ,the undersigned officer, personally appeared .7UDT`i~I i'h HUGGLEn ,known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed as Owner to the within instrument, and acknowledged that SH1?~ executed the same for the purposes herein contained and desired it to be recorded as such. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Comm ion Expires: ~ r.~ "r, ~~, ~~,a j;. ,-yam ~"~* ~~r`;'v d o ~ ~ o 0 ~ C ~ Z O o ~ ~ o ~ o ~ O o < ~ m = ~ _ m m Z m ~ Z `L n n -, w z m Cn ~ r O ~ ~. < _ `c m ~ a H Z iv o, n d m (/) d ~ n d o_ ~ ~ o w ~ a ~• D m H ~ o m a ~ o_ n~ m °' m m n -a d a _ _ _~ .~ Title of Officer ~ Notarial Seal Roq G. Pool, Notary Public Lower Alton Tvup., Cumberland County My Commission Expires May 30, 2005 Member, PeFlr-sylvaninAssoc~ation of NotarieA I Certify this to be recorded ~~~ C~~,;;be~land County PA .~~~,. ~xLL, ~ L ~~ :~,,. ,' ~`J Recorder of Deeds s ~ f {-: O O m r Z 0 -v m z z N G z n O T O 3. 3 0 Z a x r • ~ St MEMBERS 1St FEDERAL CREDIT UNION Date: March 7, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE• 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 with 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 can call (717) 780-1869). 5000 Louise Drive P.O. Box 40 MechanicsbErg, IeBnI ylva Day 17055 (717) 697-1161 wwwmemberslst.org ~ ~ v 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, PUES 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 ELEGHiLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JUDITH M. HUGGLER A.K.A JUDITH M. HUGGLER-JOHNSON PROPERTY ADDRESS: 300 CENTER ST ENOLA, PA 17025 LOAN ACCT. NO.: 212265 - 01 ORIGINAL LENDER: Members 1g~ Federal Credlt Union CURRENT LENDER/SERVICER: Members 1gt Federal Credit Union HOMEOWNER'S 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, t ~ 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 (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 agency 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 default for the reasons 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 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 PURPOSES 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: 300 CENTER ST, ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for the following installments and the following amounts are now past due: $592.96 Due On December 31, 2006. $1,359.99 Due On January 31, 2007. 1 '~ 1 $1,359.99 Due On February 28, 2007. Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $3,312.94 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): 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 $3,312.94, 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: Members 1gt Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055, Attention: Arlanda Dintaman, Collateral Liquidation Specialist You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 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 that 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 7 t ~ to instruct its attorneys to start legal action to foreclose upon your mortgaged property, 300 CENTER ST, ENOLA, PA 17025 IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, 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 you owe 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 the 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 paying 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 mortgaged property could be held would be approximately Three (3) 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. 4 ~ 1 HOW TO CONTACT THE LENDER: Name of Lender: Members 1g~ Federal Credit Union Address: 5000 Louise Drive, Mechanicsburg, PA 17055 Phone Number: (717)795-6031 or (800) 283-2328 Ext. 6031 Fax Number: (717) 795-5207 Contact Person: Arlanda Dintaman 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 may not 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 costs 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 ~ a ? 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 Certified Mail # 7003 3110 0000 2472 2455 .~. ~ HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/6/2006 3:46:15 PM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 l_inglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 loveship, inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 ~ ,~, ~ .•. ARLANDA DINTAMAN ~ COLLECTIONS ~ • ~° ~.,._ ~ , ~.. "' a ~~ ~' 1 o° cemnad Fee 2 ~~ 1 ~ v ° ~t~ "~ . 8 ~7 ~ ~.~: . ~ ra Restricted Delivery Fee (EndoraemeM Requl-ed) a ,. ~ ~ m Total Postage & Fees $ ci m ~ o ~~® 1~ ---- ---- ---------------- cny,"srare,a ~ .Q- ~~~ ------- -o---- EXHIBIT "E" _ v r~+ a ~~ o ITJ ~~ ss~ o ~ p .j' ~ Q O O \ ~ p ~ 1 ~ O ~. -P G ~ ~ • n ~ ~ J F--~ O ~ ~ Vi F ~ O m w ~ o -_.....__. C U,J ~~ p O Q ~~. ~~ 0 cg ~ ~~°' ° ru ~ z ~ ~ -~ '.'.'~_' .. x v ~ n, ,~,"" w. m ru ~ ~ r .._ ~ ~~ .._. ~ ~ n Ip O C ~ . v z m µ `an-~~ d t0 C C -~ r - ~+ rzx~ - a maz r ~ s oHo m J~ ~' ~ A ~ooz - ~ € o ~ abo amo ~i? ~~~~ a~}~w - ,~ ~ ~ ~ y ~ w ~ :. ~~. `~ - v to y u~ ~~,~. a~~ i ~. ~~'Ou~ $3'r ~ 0 ~ ~ '\Yr -~ +" "' VERIFICATION I, Arlanda Dintaman, Collateral Liquidations Specialist for Members l~ Federal Credit Union, being authoz~ized to do so on bebialf of Nleznbers lbt Fed~xal Credit Union., hereby verify tbat #b~e statements nxade ~: the £dregoing pleading are true and correct to tbie best of Amy infor~natio~a ls~owledge and belief. I understand that false statements are made subject to the penalties of l8 l'a. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members l~ Fedczal Credit Union Arlanda Dintaman, Coiiatez~ai Liquidations Specialist 6 ~ ~ ~ t~ O C // W -,~ ~ ~~ ~T . r.~l,' C I ~ Jl~'ry ^11 , _ ~ Y T\ ~ •~ ^y r ~ 7 -' r ' .. L.. .~ r' Mme. L J O SHERIFF'S RETURN - REGULAR CASE NO: 2007-04559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMEBERS 1ST FEDERAL CU VS HUGGLER JUDITH M MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUGGLER JUDITH M A/K/A HUGGLER-JOHNSON JUDITH M the DEFENDANT at 2005:00 HOURS, on the 13th day of August 2007 at 300 CENTER STREET ENOLA, PA 17025 JUDITH HUGGLER by handing to 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 Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 26.88 10.00 R. Thomas Kline .00 55.46 08/14/2007 KARL LEDEBOHM By: day Deputy Sheriff A.D. MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE PRAECIPE Please enter judgment in the above captioned proceeding in favor of Members 1 ~` Federal Credit Union, Plaintiff, and against the Defendant, Judith M. Haggler a/k/a Judith M. Haggler-Johnson, in the amount of SEVENTY-FOUR THOUSAND SIX HUNDRED FIFTY-SEVEN AND 21/100 ($74,657.21) plus interest at the rate of $15.3698 per day, through the date of payment, including on and after the date of entry of the judgment on the complaint, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Judgment is entered parsuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Judith M. Haggler a/k/a Judith M. Haggler-Johnson, to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Date: ~ r2o ~~ ~- 1 M. `Ledebolnn, Esquire upreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff * ~ I hereby certify that notice of intent to take a default judgment was forwarded to Judith M. Haggler a/k/a Judith M. Haggler-Johnson by United States Mail, first class, postage prepaid on September 5, 2007. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 are attached hereto and marked Exhibit "A". Date: R - ~ ~ c7 ~- (717)938-6929 Attorney for Plaintiff P.O. Box 173 New Cumberland, PA 17070-0173 i 1. MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF V s. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Judith M. Huggler a/k/a . Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 PURSUANT TO-THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 _ (717) 249-3166 or (800)990-910/8 RespeclJ~1 ~u i,/~ Date: September 5, 2007 ~ ~ t,~' '~ arl Iv1. Ledebohm, Esq. Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff J~~-«~ - _ _ _:._ _ U.S. POSTAL SERVICE -~ 9 CERTIFICATE OF MAILING:.`• '' SfP~ ~ ~o MAV BE USED FOR DOMESTIC ANO INTERNATIONAL MAIL, DOES NOT Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 One piece of onlinery maN eCdreaesA lo: t'A. PS r'o G t ~,. ~~s ~oro~ ni p ~- 7. N~ n y v4'-~ o. d o v y a ~ EXHIBIT "A" a "~`. -~ ~` ~ C) ,~ •j -~ t~? ~~ T ~` ~~_.. Ct"y w?;. G~, ~' r_l y Q ro .F' ...+ V ~~ ~' ~~ Qrn Y ~- MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THLS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.,L BE USED FOR THAT PURPOSE TO: Judith M. Haggler a/k/a Judith M. Haggler-Johnson 300 Center Street Enola, PA 17025 You are hereby notified that on ~ 2007 the following judgment has been entered against you in the a v captioned case: Judgment in favor of Members 1$' Federal Credit Union, Plaintiff, and against the Defendant, Judith M. Haggler a/k/a Judith M. Haggler-Johnson, in the amount of SEVENTY-FOUR THOUSAND SIX HUNDRED FIFTY-SEVEN AND 21/100 ($74,657.21) plus interest at the rate of $15.3698 per day, through the date of payment, including on and after the date of entry of the judgment on the complaint, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Judith M. Haggler a/k/a Judith M. Haggler-Johnson, to Plaintiff s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Dated: thonotary ~~ is: I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236 Judith M. Haggler a/k/a Judith M. Haggler-Johnson 300 Center Street Enola, PA 17025 A ~ r .- MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN TIC COURT OF COMMbN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE A: Judith M. Huggler a/k/a Judith M. Huggler-Johnson Por este medio se le esta notifica~do que el de 2007, eUla siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siguiente direction as la';del defentiido/a Begun indicada en el certificado de residencia: Judith M. Huggler a/k/a Judith M. Huggler-Johnson' 300 Center Street Enola, PA 17025 Dated: ~ X20 ~ ~ '~- M. Ledebohm, Esquire e Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff r PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.RC.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term Amount due: $74,657.21 Interest from: 7/27/07 at the rate of $15.3698 per day to be added Atty's Com. N/A COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTE (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Judith M. Huggler a/k/a Judith M. Huggler-Johnson, 300 Center Street, Enola, PA 17025, Defendant; and (3) and against N/A Garnishee (s); (4) and index this writ (a) against Judith M. Huggler a/k/a Judith M. Huggler-Johnson, 300 Center Street, Enola, PA 17025, Defendant; (b) against N/A Garnishee (s), and levy upon and seize the following real property of Defendant and index this writ against the following real property of Defendant as a lis pendens: All that certain tract of land and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 300 Center Street, Enola, Pennsylvania 17025 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. (c) Exemption has (not) been waived. .-~ •'~ Dated: /l' - t~~ O `~- y~ c~ K M. Ledebohm, Esquire S reme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff r~ ~"? W ..,...,.~ s. i ~7 t~ ~ ~ ~ Q - ~ 'ti'W''Y ~Q ~" ~ a ~ ~, ~~ ~3 L"~ #~ ~ 'C~ .~ ~ - ~.:~ ~ _g c~ ~ ~~ ~ i ~ ~ -t '~.. C ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated Apri130, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. S and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R Haggler and Susan M. Haggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Haggler, single person, the mortgagor herein. EXHIBIT "A" c' ~ MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SA~.E OF REAL ESTATE To: Judith M. Huggler a/k/a Judith m. Huggler-Johnson 300 Center Street Enola, PA 17025 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUI~TICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Your house (real estate) at 300 Center Street, Enola, PA 17025, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff s Sale on March 5, 2008 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of $74,657.21 plus interest at the rate of $15.3698 per day, additional attorney's fees and costs of suit and foreclosure and sale of the mortgaged property, obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. iF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or (800)990-9108 The Sheriff's phone number is: (717)240-6390. Karl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff . ti ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet. to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R Haggler and Susan M. Haggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Haggler, single person, the mortgagor herein. EXHIBIT "A" ., , MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 300 Center Street, Enola, PA 17025. 1. Name and address of owner(s) or reputed owner(s): Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 2. Name and address of defendant(s) in the judgment: Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 4. Name and address of the last recorded holder of every mortgage of record: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 4910 Carlisle Pike Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: 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: 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: Cumberland County Tax Claim Bureau One Courthouse Square Cazlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013 Spouse of Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 .~ ~ ,~ • 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 falsification to authorities. Date: f0° 1 S'' ©~" Respectfull su~ ed, .±eaeoonm, esq. Court ID #: 59012 New Cumberland, PA 17070-0173 (717}938-6929 Attorney for Plaintiff P.O. Box 173 "~ ~ < '~i -~y - ~,., ~_w x ~ ~ r~ -- ,_... r~ r ~ ~% *_l - ~ , ~~ 1 ' ' .:'...~".i ~..~ ? ? ti., Gam) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4559 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON (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 defendants} 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 $74,657.21 L.L. $.50 Interest from 7/27/07 at the rate of $15.3698 per day to be added Atty's Comm % Due Prothy $2.00 Atty Paid $174.46 Plaintiff Paid Date: 10/18/07 {Seal) REQUESTING PARTY: Other Costs 's R. Long, Prothono By: Deputy Name KARL M. LEDEBOHM, ESQUIRE Address: PO BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO rr~r.~ i Pa. RC.P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby swear and affirm that on the 30th day of October, 2007, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2 (c) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Members 1 ~` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c% Thomas A. Capehart, Esquire Gross, McGinley, l:abarre & Eaton Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 4910 Carlisle Pike Mechanicsbuzg, PA 17050 Postal forms 3817 evidencing the mailing of said notices are attached hereto as Exhibit "A" and made part hereof. Respectfully submitted, Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Sworn before me, a notary ublic this '~~~day of C~1 ~l~P~~ , 2007. r NOTARIAL SEAL DEBRA l SWIGERT NOTARY PUBLIC y commission exp SOUTH MIDDLETON TWP CUMa CO PA O~ _ ~ _ ~r U MY COIYMAISSION EXPIRES JUNE 26.2010 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa R.C.P. 3129.2 To: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza. 7535 Windsor Drive, Suite 101 Allentown, PA 18195 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 4910 Carlisle Pike Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on March 5, 2008 at 10:00 a.m., the following described real estate which Judith M. Huggler a/k/a Judith M. Huggler-Johnson is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 300 Center Street Enola, PA 17025 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term : CIVIL ACTION -LAW MORTGAGE FORECLOSURE at Ex. No. 07-4559 Civil in the amount of $74,657.21, plus interest, additional attorney's fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Date: October 26, 2007 Carl M.'Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Huggler and Susan M. Huggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Huggler, single person, the mortgagor herein. EXHIBIT "A" U.S. POSTAL SERVICE CERTIFICATE OF MAILNr(a MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO• T' ,,-I PROVIDE FtIR INSIIRANCF-PAfiTMp.STFR ~~. Rec _ Karl M. Ledebohm, Esq. P.O. Box 173 - N C Berland PA 17070-0173 ew um , . , , yy ~° Z One piece of ordinary mail addressed to: WirdSOr Pli ~ ~ ~ 3s wr nds i j PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MA MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES PROVIDE FOR INRI IRANRF-PnS7MARl'PR ReceivE --~.•... ~i~•V t-,,q ~ 0 0 1 i ~, =~ ~ 1 ~; ~.\,, h j ; ~ M Karl M. Ledebohm, Esq. ,:~,~~,,. ~ , P.O. Box 173 ~ =-_ J `- ==' New Cumberland, PA 17070-0173 - z - m One piece of ordinary mail addressed to: T r C~ D~ C N Clay o. Coom~'v i/ oL~ ZJOZOD j\ ro o m T'~ =n ~ D PS Form 3817, January 2001 r Y U.S. POSTAL SERVICE " CE~t1'IFlC/1TE OF IWLIN '?' '~ ~~ $ MAY BE USED FOR pOIAESTIC AND INTERNATIONAL MAIL, DOES NOT ~ '~?~ ~~ o PROVIDE FnR INSI IRANCF-PnRTMARTFR ~~ ~ (},Q~ .~ Rece .``~1~ Karl M. Ledebohna, Esq. ~ '~'`1----`~.~; 173 ~.`~----=~` P.O. Box PA 17070-0173 - New Cumberland m , >_ One piece of ordinary mail addressed to: o~ ~o ~ 3~N ` ~~~ OW~1 ~ 0 Z~ ~ ~ d~ 0 ~.1 ~o ~ ~ 0~1 v ZF] x ~ N r r'1 ~ I n. ~ 1 ~ PS Form 3817, January 2001 ~-~-~' ~ ,..,_, O)• Coon'L~i~ d~ Z a or~~ ~ - 1 N r ' ~ p' J ~ G~7 m D t EXHIBIT "A" r PS Form 3417, January 2001 z - m o ~ ~ 3~ ~ d °~""~ -3~ ow.iaox Z NC,' v~00 .a ~ •or- to ~ / J ~ N O G 7 m x U.S. POSTAL SERVICE CERTIFICATE OF MAILING r' ,' .'i S E ~~`~ ~ FROV E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT r .r ®~y. 9~. ~ _-.._--_-_... -~~.. !~ G i R ~/! 0 1 ~ Karl M. Ledebo l/ ° , 1'm' Esq. t`., ~`1~j J P.O. Box 173 ~, - ~. ____ a,~; New Cumberland, PA 17070-0173 ~'! ~ %~ Z m One piece of ordinary mail addressed to: o O ~ C sr ~~~3~~~ c~ ~ o~ OWV~~~ - ,~ ~• Coom.-,~ ~') O/1 v Z' .I~oo -~ -or v) ti SODD ~,tt'~' Qri ~e,. N~ ~ ~ ~ . ~. . i c.S by ~°il~ ~~5_ PS Form 3817, January 2001 ~'~' :j -'~ ~', U S POSTAL SERVICE CERTIFICATE OF I £a 7, ' ~_ °' 3 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES_j , Q ~~ ^ O O y PROVIDE r r~ 0 f l '+ Recei, Karl M. Ledebohm, Esq. `:>~ p5 M - P.O. Box 173 ~'~~ - New Cumberland, PA 17070-0173 - One piece of ordinary mail addressed to: E' ~ U.S. POSTAL SERVICE CERTIF~ATE OF MAILING ,h~~~ ~ ~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT • ' ~ , ~ PROVID' --- ...- - -- - ~~~ Rec ~~ ~~ ~ ~ Karl M. Ledebohm, Esq. ,, ' ~~~9] m 1 Box 173 ,~ . P O ~, ~ ~ . . . ___~ New Cumberland, PA 17070-0173 ~~ `?. ~~~ Z m One piece of ordinary mail addressed to: o ~ d r D-n1 C to _ • -1~-or~"OtOn • r o~ N v z -i r7 ~ 1D r le ¢. C 7 ~ ^'' u Ida D . - PS Form 3817, January 2001 a N ~ f. J Cw -v T ti; Q _T~ _f. _ ~` u `"r,:i . - i'~J ~~ ~ ' ~ W ''~ .,3 V `i •^: Members 1st Federal Credit Union VS Judith M. Huggler a/k/a Judith M. Huggler-Johnson Kenneth December 06, 20i Description, in th Huggler a/k/a Juc 300 Center Street handing to her pe Timothy ] January 10, 2008 and Description, M. Huggler-John according to law. R. Thoma above Real Estate In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-4559 Civil Term assert, Deputy Sheriff, who being duly sworn according to law, states that on 7 at 2025 hours, he served a true copy of the within Real Estate Writ, Notice and above entitled action, upon the within named defendant, to wit: Judith M. th M. Huggler-Johnson, by making known unto Judith Huggler, personally, at Enola, Cumberland County, Pennsylvania its contents and at the same time sonally the said true and correct copy of the same. lack, Deputy Sheriff, who being duly sworn according to law, states that on ~t 0923 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster i the above entitled action, upon the property of Judith M. Huggler a/k/a Judith on located at 300 Center Street, Enola, Cumberland County, Pennsylvania Kline, Sheriff, who being duly sworn according to law, states he served the Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice o the pendency of the action to the within named defendant, to wit: Judith M. Huggler a/k/a Ju ith M. Huggler-Johnson by regulaz mail to her last known address of 300 Center Street, Enola, PA 17025. This letter was mailed under the date of January 8, 2008 and never returned to the S eriff s Office. R. The returned STA Sheriff s Poundage Posting Law Lil Mileage Levy Kline, Sheriff, who being duly sworn according to law, states this writ is per letter of request from Attorney Karl Ledebohm. 30.00 17.96 15.00 15.00 .50 2.00 28.80 15.00 20.00 20.00 383.00 372.59 16.17 $ 936.02 / Postpone Sale Law Jo al Patriot N ws Share of ills So ~-~- R. Thomas Kline, Sheriff BY ~,.~ ~r Real Estate 7~~3~os ~~'1 lZ,~-- at ~ aa8 i MEMBER ~ 1sT FEDERAL CREDIT ION PL INTIFF Vs. JUDITH M.' JUDITH M. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term HUGGLER a/k/a HUGGLER-JOHNSON CIVIL ACTION -LAW ~NDANT :MORTGAGE FORECLOSURE ' AFFIDAVIT PURSUANT TO RULE 3129.1 Mem ers 1St Federal Credit Union, plaintiff, in the above action, sets forth as of the date the raecipe for the writ of execution was filed the following information concerning a real property located in East Pennsboro Township, Cumberland County, Pennsylvani ,known and numbered as 300 Center Street, Enola, PA 17025. 1. N 2. Name 3. N~ the ;and address of owner(s) or reputed owner(s): Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 end address of defendant(s) in the judgment: Judith M. Huggler alk/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 and address of every judgment creditor whose judgment is a record lien on l property to be sold: Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 C~ o0G°~l7 r ~ 4. Name and address of the last recorded holder of every mortgage of record: 5. N Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 ' Beneficial Consumer Discount Company d/bia Beneficial Mortgage Company of PA 4910 Cazlisle Pike Mechanicsburg, PA 17050 and address of every other person who has any record lien on the property: 6. Nam and address of every other person who has any record interest in the prop rty and whose interest may be affected by the sale: 7. Nam and address of every other person of whom the plaintiff has knowledge who as any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Spouse of Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 I ve fY that the statements made in this affidavit are true and correct to the best of my pens nal knowledge or information and belief. I understand that false statements herein a made subject to the penalties of I8 Pa. C.S. Section 4904 relating to unswo falsification to authorities. Date: ~° I ~ d ~'" Respectfull~s f ~~ earl M. L'edebohrrf, Esq. - " "Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717j938-6929 Attorney for Plaintii~ MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT ION CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: 07-4559 Civil Term 3UDITH M. `HUGGLER a/kia JUDITH M. HUGGLER-JOHNSON CIVIL ACTION -LAW DEF NDANT :MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Judith M. Huggler a/k!a Judith m. Huggler-Johnson 300 Center Street Enola, PA 17025 PURS ANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRE TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQU NT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT O COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE ED FOR THAT PURPOSE. Your ouse (real estate) at 300 Center Street, Enola, PA 17025, as more particul y set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on March 5, 2008 at 10:00 a.m. in the OfFce of e Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, A 17013 to enforce the court judgment in the principal amount of $74,657. 1 plus interest at the rate of $15.3698 per day, additional attorney's fees and costs of s 't and foreclosure and sale of the mortgaged property, obtained by the above n ed Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To pr~vent this Sheriff's Sale, you must take immediate action: 1. e Sheriff Sale will be cancelled if you pay to the above named Plaintiff the ount of the judgment plus costs or the back payments, late charges, costs an reasonable attorney's fees due. To find out how much you must pay, you m y call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. ou may be able to stop the sale by filing a petition asking the Court to strike open the judgment, if the judgment was improperly entered. You may also k the Court to postpone the sale for good cause. 3. ou may be able to stop the sale through other legal proceedings. You may d an attorney to assert your rights. The sooner you contact one, the more c ance you will have of stopping the sale. (See notice below to find out how t obtain an attorney. MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE HER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. the Sheriff's Sale is not stopped, your property will be sold to the highest dder. You may find out the price bid by calling the Sheriff at the County 2. Ypu may be able to petition the Court to set aside the sale if the bid price was ossly inadequate compared to the value of your property. 3. T e sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the C unty Courthouse, which number is listed below. 4. If~e amount due from the buyer is not paid to the Sheriff, you will remain th owner of the property as if the sale never happened. 5. Y u have a right to remain in the property until the full amount due is paid to th Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer m y bring legal proceedings to evict you. 6. Y u may be entitled to a share of the money which was paid for your house. A chedule of distribution of the money bid for your house will be filed by the S riff on (within thirty (30) days after the Sh riff Sale). This schedule will state who will be receiving that money. The m ney will be paid out in accordance with this schedule unless exceptions (re ons why the proposed distribution is wrong) are filed with the Sheriff wi in ten (14) days a$er the schedule of distribution is filed by the Sheriff. ?. Y may also have other rights and defenses, or ways of getting your house ba k, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T LEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU AN GET LEGAL HELP. Cumberland County Baz Association 2 Liberty Avenue Cazlisle, PA 17013 (717)249-3166 or (800)990-9108 The phone number is: (717)240-6390. Karl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THO; thereon ere and being a which plan County in 1 accordance follows, to BEGINNIN between Lol is located 4( side of Ches side of Ches thence Soutl 87 degrees C Street; thenc between Lot 30 minutes l BEGINNING HAVING numbered BEING the their deed d page 598, ~ herein. CERTAIN lots or tracts of land, with the buildings and improvements ;d, situate in East Pennsboro Township, Cumberland County, Pennsylvania, of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, recorded in the Office of the Recorder of Deeds in and for Cumberland n Book 26, page 114 and more particularly bounded and described in ith a survey made by Ernest J. Walker, P.E., dated Apri130, 1975, as ~ at a point on.the western side of Chester Avenue at the dividing line No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point I feet south of the southern line of Franklin Road; thence along the western ~r Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western ;r Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South i minutes 23 seconds West 66.44 feet to a point on the eastern side of Center North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees Est 177.8 feet to a stake on the western line of Chester Avenue, the place of ERECTED a single block stucco dwelling house known and 300 Center Street. premises which Ronald R. Huggler and Susan M. Huggler, his wife, by August 22, 1986 and recorded in Cumberland County Deed Book D 32, d and conveyed unto Judith M. Huggler, single person, the mortgagor EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTT~ OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4559 Civil CIVIL ACTION -LAW TO THE SHE FF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From JUD H M. HUGGLER a/Wa JUDITH M. HUGGLER-JOHNSON (1) You are d rected to levy upon the property of the defendant (s)and to sell SEE LEGAL (2) You are so directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE S) as follows: and to notify t e garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any de t to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwis disposing thereof; (3) If prope of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone othe than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and s enjoined as above stated. Amount Due $ 4,657.21 L.L. $.50 Interest from /27/07 at the rate of $15.3698 per day to be added Atty's Comm % Due Prothy $2.00 Atty Paid $17 .46 Other Costs Plaintiff Paid ICI Date: 10/18/071 (Seal) REQUESTIN PARTY: Name KARL . LEDEBOHM, ESQUIRE Address: PO OX 173 NEVI Attorney for: 1 Telephone: 71 Supreme Cour CUMBERLAND, PA 17070-0173 ID No. 59012 Curtis R. Long, Protho tary By: Deputy I Real Estate Sale #33 On November 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 300 Center Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By:~ 0 ~~iti~ Real Estat Sergeant ?~. ~a~ _~ <<. ~; l_: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 TH OF PENNSYLVANIA COUNTY OF ss. Lisa M rie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, eing duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal eriodical 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 fort e publication of all legal notices, and has, since Januazy 2, 1952, been regularly issued weekly i the said County, and that the printed notice or publication attached hereto is exactly the sam as was printed in the regular editions and issues of the said Cumberland Law Journal on the f llowing dates, viz: Janu 25, February 1 and February 8, 2008 Affiant her deposes that he is authorized to verify this statement by the Cumberland Law Journal, a 1 gal periodical of general circulation, and that he is not interested in the subject matter of the of resaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~~ Lisa arie Co e, Editor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary _~_ NOTARIAL SEAL DEBORAH A COLLINS Notary Pubifc CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 20T 0 REAL >•/'!'A'T~ Y~.>6 ~. 33 Writ No. 2007-4559 Civil Members 1st Federal Credit Union vs. Judith M. Huggler a/k/a Judith M. Huggler-Johnson Atty.: Karl Ledebohm DESCRIPTION ALL THO$E CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situ~c in East Ptnnaboro Tawnship, Cumberland County, Pennsylvania, end being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 de- grees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No.8 and No.9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Huggler and Susan M. Huggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Huggler, single person, the mortgagor herein. ,. . ,~ The Patriot-Nev~rs Co. 812 Market fit. Harrisburg, PA h 7101 Inquiries - 717-2$5-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND (COUNTY COURT HOUSE CARLISLE ~ PA 17013 c'~e~lahiot-News NOw you know 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, That he is the Assistar Commonwealth of Pennsylvan Harrisburg, County of Dauphin newspapers of general circulai The Patriot-News and The Sur all have been continuously put That the printed notice daily and/or Sunday/ Metro edi interested in the subject matte place and character of publica~ That he has personal behalf of The Patriot-News Co stockholders and board of dire in and for said County of Daup PUBLICATION COPY duly sworn according to law, deposes and says: it Controller of The Patriot News Co., a corporation organized and existing under the laws of the ia, with its principal office and place of business at 812 to 818 Market Street, in the City of State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News ion, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that iday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and dished ever since; or publication which is securely attached hereto is exactly as printed and published in their regular lions which appeared on the date(s) indicated below. That neither he nor said Company is of said printed notice or advertising, and that all of the allegations of this statement as to the time, ion are true; and ;nowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the Mors of the said Company and subsequently duly recorded in the office for the Recording of Deeds hin in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: Cr7tIRIrllr~~? 02/06/08 02/13/08 '.008 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public Cily OI Herrieburg, gauphin County MyCorn-rfiaeior r.:xplres Nov. 26.2011 Member, Pennsylvania Association of Notaries REAL ESTATE SALE N0.33 Writ No. 2007-4559 Civil Term Members 1st Federal Credit Union VS Judith M. Haggler alk/a Judith M. Haggler-Johnson Attorney Karl Ledebohm DESCRIPTION ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No.10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page ] 14 and more particularly bounded and described in accordance with a survey made by Ernest 1. Walker, P.E., dated April 3Q 1975, as follows, to wit: BEGINNING at a poiut on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degees 00 minutes 23 sewnds West 66.44 feet to a point on the eastern side of Center Street thence North 16 degrees ] 6 minutes West 88.05 Feet to a stake on the dividing line between Lots No.B and No.9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. H ~ VIIVG THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Haggler and Susan M. Haggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland Counry Deed Book D 32, page 598, granted and conveyed unto Judith M. Haggler, single person, the mortgagor herein. 1 Karl M. l.edebotim, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717}938-929 PRAECIPE FOR WRIT OF EXECUTION -(MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO.: 07-4559 Civil Term Vs. :Amount due: $66,369.57 Interest from: 9/25/09 at the rate of JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON $5.0494 per day to be added Atty's Com. N/A DEFENDANT COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MA'I"I'ER (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Judith M. Haggler a/k/a Judith M. Haggler-Johnson, 300 Center Street, Enola, PA 17025, Defendant; and (3) and against N/A Garnishee (s); (4) and index this writ (a) against Judith M. Haggler a/k/a Judith M. Haggler-Johnson, 300 Center Street, Enola, PA 17025, Defendant; (b) against N/A Garnishee (s), and levy upon and seize the following real property of Defendant and index this writ against the following real property of Defendant as a lis pendens: All that certain tract of land and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 300 Center Street, Enola, Pennsylvania 17025 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. (c) Exemption has (not) been waived. Dated: September 28, 2009 xarl M. 1,eciebotun, l;squu~e Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 0 ~~~~c~ ~ ~~ ~~~~~ 2409 OCT -5 P~ 3~ N 3 '~i J~1S`1L~';~. ~~A 56.4f. CAF Q3(o, oa ~~ ' "fS.so N 1.00 a~.oo ~ I, t31.gg - ~n ATM ~a.oc ~~~ erg ~! a8 ~'* a,~r too ~ ~~~ Kazl M. I.edebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (71'1)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON CIVIL ACTION -LAW DEFENDANT :MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1 ~` Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 300 Center Street, Enola, PA 17025. 1. Name and address of owner(s) or reputed owner(s): Judith M. Haggler a/k/a Judith M. Haggler-Johnson 300 Center Street Enola, PA 17025 2. Name and address of defendant(s) in the judgment: Judith M. Haggler a/k/a Judith M. Haggler-Johnson 300 Center Street Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 4. Name and address of the last recorded holder of every mortgage of record: Members 1 ~` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 4910 Carlisle Pike Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 Enola Drive Enola, PA 17025 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: 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: Cumberland County Tax Claim Bureau One Courthouse Square Cazlisle, PA 17013 Fit.~~-t~~=i-tCE OF THc FF =T~~n~~s~TARY 2Q04' OCR -5 P~ 3. F 3 CUf'~9~~ : ~ ~ J,-11iY r F~~~ J~YIa'~1~A Karl M. L,edebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (71738-6929 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Judith M. Haggler a/k/a Judith m. Haggler-Johnson 300 Center Street Enola, PA 17025 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SU>~EQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THAT PURPOSE. Your house (real estate) at 300 Center Street, Enola, PA 17025, as more pazticulazly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff s Sale on March 3, 2010 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Cazlisle, PA 17013 to enforce the court judgment in the principal amount of $74,657.21 plus interest at the rate of $15.3698 per day, additional attorney's fees and costs of suit and foreclosure and sale of the mortgaged property, obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE . _LL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Huggler and Susan M. Huggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Huggler, single person, the mortgagor herein. TAX PARCEL #09-15-1290-088 EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4559 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From JUDITH M. HUGGLER a/Wa JUDITH M. HUGGLER-JOHNSON (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 $66,369.57 L.L. Interest from 9/25/09 at the rate of $5.0494 per day -- to be added Atty's Comm % Due Prothy $2.00 Atty Paid $1,131.98 Other Costs to be added Plaintiff Paid Date: 10/5/09 ~~~ Curtis R, ng, Protho (Seal) By: Deputy REQUESTING PARTY: Name: KARL M. LEDEBOHM, ESQUIRE Address: PO BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT NO.: 07-4559 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, hereby swear and affirm that on the 10th day of November 2009, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2(c) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Members 1St Federal Credit Union Attn: Lynn Unger 5000 Louise Drive Mechanicsburg, PA 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire 1 Windsor Plaza. 7535 Windsor Drive, Suite 101 Allentown, PA 18195 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 4910 Carlisle Pike Mechanicsburg, PA 17050 East Pennsboro Township 98 Enola Drive Enola, PA 17025 Spouse of Judith M. Haggler a/k/a Judith M. Haggler-Johnson 300 Center Street Enola, PA 17025 Postal forms 3817 evidencing the mailing of said notices are attached hereto as Exhibit "A" and made part hereof. 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 falsification to authorities. Date: November 16, 2009 Respect y"su 'tted, M. Lede hm, E Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C.P. 3129 2(c) To: Members 1St Federal Credit Union Attn.: Lynn Unger, Bankruptcy Specialist 5000 Louise Drive Mechanicsburg, PA 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton .1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 4910 Carlisle Pike Mechanicsburg, PA 17050 East Pennsboro Township 98 Enola Drive Enola, PA 17025 Spouse of Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on March 3, 2010 at 10:00 a.m., the following described real estate which Judith M. Huggler a!k/a Judith M. Huggler-Johnson is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 300 Center Street Enola, PA 17025 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CNIL ACTION -LAW MORTGAGE FORECLOSURE at Ex. No. 07-4559 Civil in the amount of $74,657.21 plus interest, additional attorney's fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Date: November 10, 2009 Respect ly submitted, ~" 1N/ r~ '~' Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff __,L THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern Line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Huggler and Susan M. Huggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Huggler, single person, the mortgagor herein. TAX PARCEL #09-15-1290-088 EXHIBIT "A" IiNLTE'D:STdTES ~ POSTdi SERI~(QE v Gerti~l'C~te OI I lnit CBDiIICdle GI Mdrlrn r ~~ ~p 0~i0eS tl~iDCn CE In dl marl nd5 De9n lire Senr9RiU V$P $y' fn~y Ic _.-. _. _•-~ anm<sl is a~0 .nl err~dl~o nBr m ~ 1l -' C D 0 N from - -- - Karl M. Ledebohm, Esq . . P.O. Box 173 New Cumberland, PA 17070-0173 - Members 1 ~` Federal Credit Union r° Attn.: Lynn Unger ~{~} g _ 5000 Louise Drive 0 ~''-'' ~ ~' _ Mechanicsburg PA 17055 °. ~~ oo~~ ~o°~ N , N ~ - F'S Form 3817 Apru 2007 PSN %53G-02 0009065 m v a ~~ e\ ~ F037dL.SER.V(CE e Certificate-.Qf Ma leis CIA 1 tale of I.IeYi q ~ o ias S.s. Uence In al me I n Ims io~mmey Da use0lbo esUc ny nler as Deen n~esun•4u1o.FtS~S~w,,,.. From. _.__ - .. _._ ^alrOn al myii Karl M. Ledebohm Esq 7 _ P.O. Box 173 $ ~ ~, D ~ ~ ~ D _ New Cumberland, PA 17070-0173 '° _ Domestic Relations _ Cumberland County Courthouse One Courthouse Square _ Carlisle, PA 17013 PS Form 3$17 Apn! 2007 PSN 75}0.0? 000 9065 o _ o ot~ `~N N~ ~ p GD'1 - ~ m x .j, .-- _ UNITED SfdTES v POSTd- L SfRVK.E. !~ n.'c.arnU,r or ..a..nq c•o. a<y Certificate;.Of ~ ~~ .. atln« ,na, (V~a it j n c mb~ni50PY•. OrfSenireae.arpcm - r °T Karl M. Ledebohm, Esq. ~ -~ o ~ y ~~ P.O. Box 173 ~ M New Cumberland, PA 17070-0173 .'° Cumberland Coun m Btu tY Tax Claim o o g~ ~, One Courthouse Square °'- ~~~~~ 17013 N ~.T~ ° ~ ~ m PS Fo'*n 3877 - ~ Apn1 2007 PSN 7530-02-000-9065 UN(rTE----~ EXHIBIT `A' UNITED37,aTES >' POSTd ~- ~ `~t`~~` _ Certificate Of Ma hinr Q [ ~ <e°~ to 90~o.,,e55.1 ~ro~~_~c~ay---.ato_ ,.obese^ea.~.-cQ.-m,` 9 ~5 _ Karl M. Ledebohm, Esq. ' ;' . . - P.O. Box 173 - New Cumberland, PA 17070-0173 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 c '~ yMry"~ 0 ,^^~ h M N ~.~. ~ °oo te. ~ ~' o~b a N~ • , ro CAD Z D o~ a PS Form 3$17. Apnl 2007 PSN 7530-03-000-9065 l ', U [TEp.STd7'ES , ~_. ~P 3~ dii F , ~+ DNS C _n'1 tale o, ~edlnQp,ovfCa zev,~encg Ina1 med nas 0 even ~sf~~te Os Ma fnis 1 $ ~, `„~'_ Karl M. Ledebohm, E - ~ ~"` ~~ ~ o P.O. Box 173 J'~~. - New Cumberland, PA 17070-0~1'T3 ~~ r r '° ~k S~ m ~ Z _ ,r ~ Z M \ TF~ ~L-- a IrJ ~ ~~/~.,, N Z~ v~00 ~ !~ v , ~ N ~ PS Form 3$17, April ?00) PSN 7530-0? 000 906$ x irk UNITED STd7ES _' r/ POS7d RVK.E. ""~~~,~'~~e ,~tc.~,1U1.o,Ma., Certificafe',Of n~gi{#~~ m maY oe ~a0 IO Dr o•.Oei 9.~ar+c_-_ e~°Eluna~~aaLee.. nese~ a O; ~ ~hq .4.a^_~.esi~r a,,., tea ro u5PSC91 ,nS ~ ~ O - Karl M. Ledebohm Esq, ~----,~; , - P.O. Box 173 ~ `~ r ~" - New Cumberland, PA 17070-0173 c/b~t. ~~ ~ o~ °`~ Z m ~~~ ~. ~ ~. ~ a.. .. oo z• •cr~O~ ^^ ,, Nv' ~ ~ 9 m n PS Faom 3~~7 April 2007 P$N 7$30-02-000-9065 • . I Imo. ~ UNITED STdTFS ~'`-~ ~P01TdLSERVICE• Certificade ~f,~J:k ~ lni5 (.Irlili Odle Oi Mpil~nQ O~O~itlBS e.~Oen CB In dl m8i~ nay OBen J'¢SenleO~ib V:-F$~'0' G inn corm mar oe vseo br domasirc ano ~niem ai~o nai man _ __.___-__.-.__._.T._._- "°m Karl M. Ledebohm, Esq. P.O. Box 173 _ New Cumberland, PA 17070-0173 ~~ Spouse of Judith M. Haggler a/k/a Judith M. Haggler-Johnson 300 Center Street Enola, PA 17025 PS form 3$~7 Apail 2007 RSN 753002 000 9065 ~e ~* N y~ 0~ Y C ~ N - o~ ~ o ~< ~N ~--r N Z J 00 - ~~~ -1 .o~ !n oLT'1 ~~~ __ ro m UNITED ST,QTES POSTdLSERVICE• Certificate Of N4ai~tZs, s can'.caie o' Maa ^0 oro~ oes e.~o¢nce ma ma nas oe•~ o'esen eo c uSO a o,nor,~ ~ ar ne seo'a oomev c ana .aema~ ona ma• _ _ _ _~_~~_y, ~„ - Karl M. Ledebohm, Esq. ~ o ~ - P.O. Box 173 ~ N - New Cumberland, PA 17070-0173` East Pennsboro Township 98 Enola Drive Enola, PA 17025 PS Farm 3$19 April 2007 PSN 7530-02-000-9065 ~~ C ~ ~ o~--~ o.-.~~' ~°o~ON bC.T1 ^~ ~ m v D ~ ~Fl ~~ ~.-'~''~ Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717~I38-6929 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P. 3129.2 (c) I, Karl M. Ledebohrn, Esquire, hereby swear and affirm that on the 17th day of December 2009, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2(c) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Beneficial Consumer Discount Co. dlb/a Beneficial Mortgage Co. of PA P.O. Box 10640 Virginia Beach, VA 23450 Thomas A. Capehart, Esquire Gross, McGinley, LaBarre & Easton, LLP 33 South Seventh Street P.O. Box 4060 Allentown, PA 18105-4060 The notices previously sent to the above addresses were returned as not deliverable, copies of which are attached as Exhibit "1" and made part hereof. Postal forms 3817 evidencing the mailing of said notices are attached hereto as Exhibit " 2" and made part hereof. 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 falsification to authorities. Date: December 17, 2009 Respectfully submitted, 1 M. Le ebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 J ` FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a JUDITH M. HUCrGLER-JOHNSON DEFENDANT CNIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. RC.P. 3129.2(c) To: Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA P.O. Box 10640 Virginia Beach, VA 23450 Thomas A. Capehart, Esquire Gross, McGinley, LaBarre & Easton, LLP 33 South Seventh Street P.O. Box 4060 Allentown, PA 18105-4060 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on March 3, 2010 at 10:00 a.m., the following described real estate which Judith M. Huggler a/k/a Judith M. Huggler-Johnson is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 300 Center Street Enala, PA 17025 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE at Ex. No. 07-4559 Civil in the amount of $74,657.21 plus interest, additional attorney's fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Date: December 17, 2009 ,1' I((arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 1 14 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforeme~l'itioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes V~/est 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66,44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Huggler and Susan M. Huggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Huggler, single person, the mortgagor herein. TAX PARCEL #09-15-1290-088 EXHIBIT "A" ~~.; <. i:~~ r... i:-: ~.. ,~ ~?f ~ ~, la,1 r',: t1"i ^_ I, r, ;. ~: (n? ~~~. i rf; ~> r>~. ch ti Q O O w n¢. c M Z p ~ ~mv Paz ~ Q ~ ti ii W l N _. si ~ ~ o aa ° a - a a z a wv~v ~, ._ ~a~. ~ .= ~+ owo - - w Her - '~ a ~' w x m [CICJ 1~ ~-- w ~utm m -= r- !- ~ 4 h = o o . ' f" ~ z '~ ~ H U ca a z m r 1 A G ~ ~ ~ L Q.. ... a m v,(~°`~~ '-mac ~ o ~o~'q'LS o ~ o NL ~~M C 0 0 o~ ~~ ~Q ~~c~~ =.~ : :,` ,. ~, ~~:~: ~ . ..F is#.~ ~1~ 15A Fllt$T-CLASS fQiL~"[]. S ~fi ~. _9 i y ~., i. ., L, .~ 't ~: ' ;~ ~. { r !. 4 j. r ~.~ 'ts ~. +.. e ;; ,~ ~~ '"f ~`e ~. K`1, r4~p n,: ~~~ :~, ~~r `~ M .: h r :. . Q O . N O ~ w a E ~ c N m ~~ Yam' Q m ~ p { o _ 1 ~ t I - rl lil ~ ° aa ° a ~ ar ~ ~ A ~ tl . W N ., _. tii 4 4, ~ ~' owo - - w r,~r Q '~ za~[w m ,,, a aa.~ ' ~- 4Z d ~ ,i w M Z rs . .... G UcJa ~ O O Q ~ a ~' U '` o ~ c o ~ w ~U H z -' x to p~ H ~ ~ 0 ~ Z ~~ O ~~ ~ mn ~ ~ U U w~ ~ °"~ ~ ~, o ~mU c~ oo~ a~c '~ ` v~ m~ ~~` o ..,.. ~~ ,: ~ ~F Ir ,:~~t ,.... . •'~ Exhibit "1" UNITED STdTES POSTdC SERVKE. Certificate Oi Mailin ~~ Cen. o~ .. ~q o o-~oe~ •-~o•~cr ~•+ . o•e• ve~•~iea,o,u5~'~ ~a.m awn o~ ,.oma O i Karl M. Ledebohm, Es . 7 / ~ :,.. 4 ~_., ~ GD ~ I P.O. Box 173 New Cumberland, PA 170~~`0~73 , ,a . , , . -. ., m _...: r - Beneficial Consumer Discount Co. s c o{f} 9~ ~ d/b/a Beneficial Mortgage Co. of PA o'"'~ ~~o ~~ _ P.O. Box 10640 °'""'~ ?~ °~O~ ~ ~' ~ - Virginia Beach, VA 23450 g ~ . ~^ ~ PS Farm 3$17 ADa,I 7007 PSN 75]0-02000-9065 .~' 'w ~ tall , - ~3: • m to -Thomas A. CapeIia,r 1 ~ulre q ~ ~ E Dm , -Gross, McGinley LaBarre & E ~'~ c.rom..~ ° ~'~~ , aston 33 South Seventh Street _ oC T'I ~~°Z°D - P.O. Box 4060 . ~' m Allentown, PA 18105-4060 D PS Fpr,-~ 3$19 ADnI 2007 P$N 7530-03-000-9065 c POSTdLSERVKE. CeRificate~'~,M~iSin ~ a~ ^.~ C•~.,.ur o~,. rv.•~q ono. m• s ...o•~u ,•+r ~a.~ was ore^ we~e~,eom ~.~~e ;Q^o• - ~ ~ • ! r f ~, a Karl M. Ledebohm, Esq. ~,-, P.O. Box 173 ';`^;~. I New Cumbe 1 d PA 17070 0`. r1~ UN(TEDST,dTES Ezhibit "2" _, -~r ,,P~, -~~; ,,.,~- ,,,,~ y f 2;~'~ G~~ ~v ~'~ ~: ~s..~ r''' ~, - , ~~. '' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -. -,,C~, Sheriff ~ `- . , ... ~~~~ti1M of ~~unleerl~i Jody S Smith ~^ ~ ~t . Chief Deputy J~ ~~+u r,~'l I ~ `~ ~~ .~. Edward L Schorpp Ci F ~ ' ~~;°`'~~ ~,:._ ._, Solicitor ~~=~ ~ ~ -~I~~~. ,_ ,.~.- Members 1st Federal Credit Union Case Number vs. Judith M Huggler 2007-4559 SHERIFF'S RETURN OF SERVICE 12/17/2009 06:46 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 1845 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 Judith M. Huggler, located at, 300 Center Street, Enola, Cumberland County, Pennsylvania according to law. 12/17/2009 09:13 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 2110 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: Judith M. Huggler, by making known unto, Judith M. Huggler, personally, at, 300 Center Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 03/03/2010 Ronny R. Anderson, 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 March 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $69,573.00 to Central Penn Capital Management, LLC, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 6,957.00. 03/19/2010 Per Ann Smith of Regional Mortgage Servicing Co, they will not fund the balance due by 12:00 noon on Friday, March 19, 2010 of: $67,567.84, instead 10% of the final bid in the amount of : 6,957.00 will be forfeited and the property resold on, Wednesday, March 24, 2010, all parties involved were notified. cab. 03/24/2010 Ronny R. Anderson, 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 March 24, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Karl Ledebohm, on behalf of, ,being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 2,613.58 SHERIFF COST: $2,613.58 April 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~Le~ ~~ vo `~`- d--~0 c~ ~ S 331 ~-~' ~--y0 yy~ !C) (~Oll!i"i ~lli(n ChE,Y{ff, 1E'IEr.^.SO~f, II'.. ~,. SCHEDULE OF DISTRIBUTION Date Filed: 3/30/10 Writ No. 2007-4559 Civil Term Members 1St Federal Credit Union Vs Judith M. Huggler, a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 Sale Date: March 3, 2010 Buyer: Regional Mortgage Servicing Company Bid Price: $ 69,573.00 Real Debt: $ 66,369.57 Interest 782.66 Attorney Writ Costs: 1,131.98 Total Due: $ 68,284.21 DISTRIBUTION: Receipts: Cash on Account (11/02/2009): $ 1,500.00 Cash on Account (03/03/2010): 6,957.00 Total Receipts: $ 8,457.00 l ~ ~ l Disbursements: Sheriffs Costs Legal Search Debbie Luppold, East Pennsboro Tax Collector East Pennsboro Township (Sewer/Refuse) Attorney Karl M. Ledebohm Members 1St Federal Credit Union Total Disbursements: Balance for distribution: So Ans~e,~f^s: O/o/w~ ~J~~i i A p J V J ,~ Ronny R. Anderson ~ " Sheriff 2,313.58 300.00 477.87 2,111.60 1,500.00 1,753.95 ($ 8,457.00) 00.00 .r . SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2007-4603 held March 3, 2010 EFFECTIVE DATE: March 3, 2010 PREMISES: 300 Center Street, East Pennsboro Township, Cumberland County, Pennsylvania, Tax Parcel No. 09-15-1290-088 (the "Premises") RECITAL: Being the same premises which Ronald R. Huggler and Susan M. Huggler, husband and wife, by their Deed dated August 22, 1986 and recorded September 2, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "D", Volume 32, Page 598, granted and conveyed unto Judith M. Huggler. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. .~ .. .. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriff s sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Subject to the spousal rights, if any, of any spouse of Judith M. Huggler. 21 Mortgage in the amount of $46,000.00 from Judith M. Huggler to Harris Savings Association dated August 29, 1986 and recorded September 2, 1986 in Mortgage Book 381, Page 440. -2- w 22. Mortgage (open-end) in the amount of $68,000.00 from Judith M. Huggler to Members 1St F.C.U. dated January 19, 2002 and recorded January 24, 2002 in Mortgage Book 1747, Page 113. 23. Mortgage in the amount of $29,019.00 from Judith M. Huggler to Beneficial Mortgage Co. of PA dated January 27, 2004 and recorded February 6, 2004 in Mortgage Book 1853, Page 1669. 24. Judgment against Judith M. Huggler, also known as Judith M. Huggler-Johnson, in the amount of $74,657.21 entered September 24, 2007 in favor of Members 1St F.C.U. with respect to the Mortgage recorded in Mortgage Book 1747, Page 113, docketed to No. 2007-4559. 25. Judgment against Judith M. Huggler in the amount of $25,230.89 in favor of Sovereign Bank FSB entered September 21, 2007 with respect to the Mortgage recorded in Mortgage Book 831, Page 440, docketed to No. 2007-4603. 26. Judgment in the form of a municipal lien against Judith M. Huggler in favor of East Pennsboro Township in the amount of $1,035.00 entered February 25, 2008 to No. 2008- 1172. 27. Judgment in the form of a municipal lien entered against Judith M. Huggler in favor of East Pennsboro Township in the amount of $851.77 entered January 4, 2010 to number 2010-0023. 28. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of West Enola recorded in Plan Book 26, Page 114. 29. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the survey set forth in Deed Book "E", Volume 30, Page 939. 30. Subject to the rights of others in and to any portion of the Premises within or adjoining Chester Avenue and Center Street. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: 1 Keith O. Brenneman -3- ,r Writ No. 2007-4603 Civil Sovereign Bank vs. Judith M. Huggler Atty: Thomas Capehart ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County Pennsylvania, and being all of Lot #9 and part of Lot # 10, Block M. of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 124 and more particularly bounded and described in accor- dance with a survey made by Ernest J. Walker, P.E., datedApri130, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots #8 and #9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on t11e eastern side of Center Street; thence North 16 degrees 16 minutes West along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the dividing line between Lots #8 and #9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING THE SAME PREMISES which Ronald R. Huggler and Susan M. Huggler, Husband and Wife, by their Deed dated August 22, 1986 and recorded on September 2,1986, in the Office of the Recorder of Deeds in and for Cumberland County, at Deed Book Volume D32, page 598, granted and conveyed unto Judith M. Huggler, Single woman, the within mortgagor, her heirs and assigns. PROPERTY ADDRESS: 300 Cen- ter Street, Enola, PA 17025. EXHIBIT A Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a : JUDITH M. HUGGLER-JOHNSON CIVIL ACTION -LAW DEFENDANT :MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in East Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 300 Center Street, Enola, PA 17025. Name and address of owner(s) or reputed owner(s): Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 2. Name and address of defendant(s) in the judgment: Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank FSB 601 Penn Street Reading, PA 19601 C~Op~ Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 4. Name and address of the last recorded holder of every mortgage of record: Members 1 S` Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Sovereign Bank FSB 601 Penn Street Reading, PA 19601 Sovereign Bank FSB c/o Thomas A. Capehart, Esquire Gross, McGinley, Labarre & Eaton 1 Windsor Plaza 7535 Windsor Drive, Suite 101 Allentown, PA 18195 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of PA 4910 Carlisle Pike Mechanicsburg, PA 17050 5. Name and address of every other person who has any record lien on the property: East Pennsboro Township 98 Enola Drive Enola, PA 17025 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: 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Spouse of Judith M. Huggler a/k/a Judith M. Huggler-Johnson 300 Center Street Enola, PA 17025 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 falsification to authorities. Date: September 28, 2009 arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 07-4559 Civil Term JUDITH M. HUGGLER a/k/a JUDITH M. HUGGLER-JOHNSON DEFENDANT CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Judith M. Huggler a/k/a Judith m. Huggler-Johnson 300 Center Street Enola, PA 17025 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Your house (real estate) at 300 Center Street, Enola, PA 17025, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on March 3, 2010 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of $74,657.21 plus interest at the rate of $15.3698 per day, additional attorney's fees and costs of suit and foreclosure and sale of the mortgaged property, obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ~Op~l To prevent this Sheriff's Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount necessary to bring current the mortgage obligation evidenced by the judgment plus costs and reasonable attorney's fees. To fmd out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or before April 2, 2010 (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 The Sheriff s phone number is: (717)240-6390. ~j ~~~ / Karl M' Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff LL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No. 10, Block M, of the plan of West Enola, which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforementioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 degrees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Haggler and Susan M. Haggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Haggler, single person, the mortgagor herein. TAX PARCEL #09-15-1290-088 EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMCQNWEtiLTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4559 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From JUDITH M. HUGGLER a/Wa JUDITH M. HUGGLER-JOHNSON (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 $66,369.57 L.L. Interest from 9/25/09 at the rate of $5.0494 per day -- to be added Atty's Comm % Due Prothy $2.00 Atty Paid $1,131.98 Other Costs to be added Plaintiff Paid Date: 10/5/09 Curtis R. ong, Prothonot (Seal) B Deputy REQUESTING PARTY: Name: KARL M. LEDEBOHM, ESQUIRE Address: PO BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 On November 5, 2009 the Sheriff levied .upon the defendant's interest in the real. property situated in East. Pennsboro Township, Cumberland County, PA, Kh~own and numbered as 300 Center Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 5, 2009 By: G-~ `~-- Real Estate Coordinator ,~. ~', k ~~ '-~ ~-~, R, ~ ~4 . ~~n ~~~: ~~°~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which MEMBERS 1ST FEDERAL CR UN is the grantee the same having been sold to said grantee on the 3RD day of MARCH A.D., 2010, under and by virtue of a writ Execution issued on the 5TH day of OCT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 4559, at the suit of MEMBERS 1ST FED CR UN against JUDITH M HUGGLER AKA MUDITH MHUGGLER-JOHNSON is duly recorded as Instrument Number 20100952. IN TESTIMONY WHEREOF, I have he;eunto set my hand and seal of said office this ,~.3 ~/ day of N! ,. d~+~D ,Ih!l~711~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: January 22 January 29 and February 5 2010 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. Coyne, SVV~SRN TO AND SUBSCRIBED before me this 5 day of February, 2010 ~' Notary NOTARIAL SEAL DEBORAH A COLLINS Nofary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Wit xo. zoos-4aa9 ciu Members lat Federai Credit Union vs. Judith M. Huggler Atty: Karl M. Ledebohm ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cumberland County, Pennsylvania, and being all of Lot No. 9 and part of Lot No.10, Block M, of the plan of West Enola which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, page 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, P.E., dated April 30, 1975, as follows, to wit: BEGINNING at a point on the western side of Chester Avenue at the dividing line between Lots No. 8 and No. 9, Block M, of the aforemedtioned plan of lots; which point is located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South 9 degrees 30 minutes East 84 feet to a point on the western side of Chester Avenue; thence South 80 degrees 30 minutes West 45.10 feet to a point; thence South 69 degrees 28 minutes 58 seconds West 57.37 feet to a point; thence South 87 de- grees 00 minutes 23 seconds West 66.44 feet to a point on the eastern side of Center Street; thence North 16 degrees 16 minutes West 88.05 feet to a stake on the dividing line between Lots No. 8 and No. 9 on plan; thence along said dividing line North 80 degrees 30 minutes East 177.8 feet to a stake on the western line of Chester Avenue, the place of BEGLNNING. HAVING THEREON ERECTED a single block stucco dwelling house known and numbered as 300 Center Street. BEING the same premises which Ronald R. Huggler and Susan M. Huggler, his wife, by their deed dated August 22, 1986 and recorded in Cumberland County Deed Book D 32, page 598, granted and conveyed unto Judith M. Huggler, single person, the mortgagor herein. TAX PARCEL 09-15-1290-088. PROPERTY ADDRESS: 300 Cen- ter Street, Enola, PA 17025. •The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~he~latriot News 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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 This ad ran on the date(s) shown below: 01 /22/10 ~- 2 ~~ Sworn to an~su~'scribed before m~i~ ~`4 ~y of February, 2010 A.D. G ~,-,~..----,, Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public City OF Harrisburg; Dauphin Courtly My Commissiai F~cpires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 01/29/10 02/05/10 Gr~aIN! IIb;M~~O~l t~rdN ~ 1.I1t 14~a1 Cn>~t s° vs. M Hu~pisr A~y~ 1~~ Ledltbohm ALT. T'fOS~ CF,Rx'MV tots or tt~cis a~ land,. with the 'bniTditigs a~ itgprottementa thereon erected, situate in Fact Peunabwo Township,. Cumherlaad CotWty,.Penrisl+hapia, anti beitig,all ; of L~ No. 9 and pall of Ldf 1'l0, it1, B1oG$ M; of the plan of West Enola which pTin is recorded Tn the.t)~ice df tbe~Reodt>Jei of T)eeeda iut ahd.for anti tnpr4 paiticc»bariy bounded and descn'bed-in accartiant:e with a survey made by Finest 7. , Waf t 1!.f.,.dffied April 30, 1975~,`~s fol~ws; to wit: $~#!VN$iIG at a point oa die wets side of Chester Avenue at fbe dividing ~ b~yecn: Lots. No 8 'and No. 9, B3oclt, bI. of , t4't:' aforea>edtioneQ plan of lob; which .point°'s located 460 feet south bf~the,souttzau,~e. F-anlclfn Road; thence t~nE fbe`WeBtatn @ide:~; • Chester Avenue,'Soufs 9 deg~e8, ~U $ans East 8A feet to a point on the. westaa Of Chester Avenue; thence South 80 degms 30 minutes West 43.10 feet to a point th~ce South 69 degt~,s 1.8 ptiptues 58 stgottds Nest 37.37` feet `to a point; thenct South 87 dews 00 initiates 2~ seconds; V}reat 46,84 feet to a point on the easbem side of Cuter Stmet thencz hlaath l6}ltgreee 16 minutes West 88.05 feet to a stake on the divithng line betweeq Lots No. 8 and-Na 9 iitt pT#a; tttettce alocg said dividin8 line North 80:degrees 30 irtintttes East 1'17:8 to a stake sit tIle waptctn line of fiesta Avenue; the place of " BEfi1.IdNING. ~ HAVING :THEREON ER$t.~ a single-block s~co dwelling house ]iege+n,, and numbered u 340 Centel Stteet. BI~fiG the same premises lrhich Ronald R. knaglef and.Susan M H6gglet his Wife, by` their,d~d datgd August ~, 1986 and r in l3imbaiand Comty l;bed Book fl 32, G 598, granted and cotrveyal unto 71~h' )G1. kt ~ e persons the mvttgagor herein. TAXp~'t)¢]5-12At}D8S P)i'Y BSc 3Q@ Chalet ~S1aea, Btsgia, M 1'15