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HomeMy WebLinkAbout07-4603 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in interest to Waypoint Bank, successor to Harris Savings Bank, ) n Plaintiff ) NO. 07 - Y&D3 C.? i v i I `ecm vs. ) JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE Defendant ) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFICE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATOIN 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 GROSS MCGINLEY LABARRZ & EATON By:- 14944<, C An==f Thomas A. Capehart, Esquire Attorney for Plaintiff Attorney I. D. No. 57440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) vs. ) JUDITH M. HUGGLER, Single ) Defendant ) COMPLAINT NO. 0'7- g6P3 -uK-l -r,,, MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, Sovereign Bank, F.S.B., successor in interest to Waypoint Bank, successor to Harris Savings and Loan Association by and through its attorney, Thomas A. Capehart, Esquire, and avers a cause of action of which the following is a statement: 1. The Plaintiff, Sovereign Bank, F.S.B., successor in interest to Waypoint Bank, successor to Harris Savings and Loan Association, Mortgagee, is a Pennsylvania corporation with a principal office located at 601 Penn Street, Reading, Berks County, Pennsylvania 19601. 2. The Defendant, Judith M. Huggler is an adult individual currently residing at 300 Center Street, Enola, PA 17025. 3. The Defendant, Judith M. Huggler is the owner of record of the premises known as 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, and more fully described in Exhibit "A" which is attached hereto and incorporated herein (the "Premises"). 4. On August 29, 1986, the Defendant executed and delivered a Mortgage to Plaintiff upon the Premises, which Mortgage was recorded on September 2, 1986 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Mortgage Book 831, Page 440, et. seq. (the "Mortgage"). A true and correct copy of the Mortgage is attached hereto, marked as Exhibit "B", and incorporated herein. 5. The Mortgage has not been assigned by the Plaintiff. 6. The Mortgage was given as collateral security for a loan to the Defendant as evidenced by a Promissory Note executed by the Defendant on August 29, 1986 in the principal amount of Forty-six Thousand Dollars ($46,000.00) (the "Note"). A true and correct copy of the Note is attached hereto, marked as Exhibit "C", and incorporated herein. 7. On or about February 17, 1999, the Defendant and the Bank entered into a Modification Agreement whereby the Bank agreed to modify certain terms of the Note, including but not limited to a change in the Interest rate and the monthly payment amount. A true and correct copy of the Modification Agreement is attached hereto, marked as Exhbit "D" and incorporated herein. 8. The Mortgage is in default because the Defendant has failed to make monthly payments of principal and interest due under the terms of the Note and the Mortgage since March 1, 2007. 9. Because of the aforesaid default, on or about May 24, 2007, an Act 91 Notice to take Action to Save your Home from Foreclosure was mailed to the Defendant by certified mail, return receipt requested, wherein Plaintiff demanded that the Defendant make a payment of $1,656.06 as required by the Mortgage in order to cure the aforesaid default. A true and correct copy of the said Act 91 Notice is attached hereto and marked as Exhibit "E", and incorporated herein. 10. A Notice of Availability of Home Ownership Counseling under the Housing and Community Development Act of 1987 was mailed to the Defendant by first class mail on May 24, 2007 pursuant to the Housing and Community Development Act of 1987, 42 U.S.C.S. Section 5301 et seq. A true and correct copy of the said Notice is attached hereto, marked as Exhibit "F", and incorporated herein. 11. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "G" and incorporated herein. 12. The Defendant has failed to pay the amount demanded in the Act 91 Notice in order to cure the said default. 13. Pursuant to the Mortgage, Plaintiff is permitted to recover reasonable attorney fees as part of this Mortgage Foreclosure Action. Plaintiff anticipates the legal fees in this matter to be One Thousand One Hundred Thirty-five Dollars ($1,135.00). 14. As a result of the default which occurred on March 1, 2007 and since the mailing of the Notice, the following amounts are now due pursuant to the terms of the Mortgage: (a) Principal $23,048.67 (b) Interest to 07/24/07 634.39 (c) Late Charges 83.90 (d) Satisfaction Fee 27.00 (e) Payoff Fee 25.00 (0 Misc. Fees 79.25 (g) Atty Fees & Costs 1.135.00 TOTAL WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, Judith M. Huggler, in the amount of $25,033.21, plus per diem interest of $3.53 from July 24, 2007, late charges, escrow advances, costs of foreclosure and sale of the mortgaged property and costs of this proceeding and reasonable attorney's fees as provided in the Mortgage. GROSS MCGINLEY LABARRE & EATON By:_ u ?J Thomas A. Capehart, Esquire Attorney for Plaintiff I. D. No. 57440 VERIFICATION I, CONSTANCE M. COCROFT, state that I am a Vice President of Sovereign Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said Sovereign Bank, and verify that the statements made in the foregoing document are true and correct. 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. Constance M. Cocroft Dated:J?ZP, o wq 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 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 #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 the 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. EXHIBIT "A' =:c 0-OFFICE OF THE RE DER OF DEEDS COUwTY-PA. 16 SEP 2 An 11 42 ISVeee Above This Line For Ree"N peyl MORTGAGE THIS MORTGAGE ("Security Instrument" ?i 19...$f...Themortgagoris.jUdilth..R,...Ib,,I,x )m on ?$ .............I..............+9tt8isat..?9..............................., a.. P ARI ...... Instru .......... in ... en ...........................:............................. ....•....he ?fxx?,....... rS..Rg?........................?...... (..Borr rower )• This Security tisgiven to ................................... Under the „ laws of ......... sln ...........:............................................., SCR 7RAIIY.),Rtk ....... which is organized and aud:.azid..l'i ••, and whose existing ............................... A>?..5 kxeP-ta Ahaddress is Borrower owes Leader the principal Win of . ux8+ PA ......................... ----------------- .F.Ax.L?I.. a xbrRttaand .and. Nal IOA. ......... ("Lender"). dated the " .0.Q/? ) name dsteas ....... ...... Hats (U.S. p .0.46 AQ(t?•Fiw.o/1 7V.Q........ .- M - .. evidenced n this Security Instrument {"Note„ Payments, by rro oo0 paid earlier, due and payable on ), which tovides for monthly ecut•es to Lender: ( .... with the full t, if not x...?....2Al,b ............... a) the repayment of the debt evidenced by the Note, with interea .... This Security Instrument modifications; (b) the Paymandent of all older sums. with interest, advanced under t, and all renew Security Instrument; (c) the Paragraph 7 to protect the security of this the Note. For this Pa does hereby Borrower s covenants and agreements under this Security Instrument and Purpose, Borrowe, r does mortgage, grant and convey to Lender the following d 11* located in ...................?.... described property ALL THOSE CERTAIN lots or ...................................... tracts of land ............................................... . thereon erected, situate in r with the buildings. and i mprovementsslvania. Pennsylvania and East Pennsboro Township, Cumberland County, West Elan, which being isll of Lot #9 and part of Lot #10, Block M, of the l recorded Wes Cumberland County in Plan Book 26 the Office of the Recorder of Deeds inandof 14 and re described in accordance with a survey,madeeby 1ErnestmJ. particularly bounded and 30,.'1975, as follows, to wit: .Walker, P.E., dated April 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• located 400 feet south of the southern line of Franklin Road; thence along the western side of Chester Avenue, South • which point is on the western side of Chester Avenue; thenceeSou30 thm$Oudes degrees East 30 84 feet minutes to a 9 45.10 feet to Westoint 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 #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, by deed dated August 22, 1986 and to be recorded herewith husband and conveyed unto the mortgagor herein. granted' and UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions, rights-of-way and easements of prior record pertaining to said premises. which has the address of .......3QQ„Gen err gggg .................................. ........ zwl.a........................................... sal Pennsylvania 17025 ........... (City] ('.Property Address"); [zio code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS §ECUTdTY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-single fami1Y-FNMA/FHLMC UMIFORM INSTRUMENT Form 3039 12/83 EXHIBIT "B„ BOOK. -831 PAGE 440 UNIFORM COVENAN•r5. Borrower and Lender covenant and agree as follows: 1. Payment of PriaciPatl and Intel Prqwyment and Late al-the principal ofadd interest on the debt evidenced by the Note and any t >3 nd later shall promptly pay when due 2. Flands for Taxes and Insnrance• Subject to applicable law or to a written waiver by?Lendec Bordrowereshaojtj pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") one-twelfth of. (a) yearly taxes and assessments which may attain priority over this Security Instrument; leasehold equal to ground rents on the Property, if any; (c) yearly hazard insurance (b) Yearly and (d) yearly mortgage insurance premiums, if any. These items are called „escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall beheld in an ' state agency institution the deposits or accounts of which are insured or guaranteed by a federal or (including Lender if Lender is such an institution. Lender may not charge for hol ' ) the apply the Funds to pay the escrow items, eirrrg and applying the Fates, analyzing the account or verifying the escrow items, unless Wider Pays Borrower. interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on. the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Leader, together with the future monthl the due dates of the escrow items, shall exceed the amount required to y payments of Funds at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthl payable prior to amount of the Funds held by Lender is not sufficient to pay the escrow items when due, the excess shall be , amount necessary to make up the deficiency in one or too ey the escrow r y payments of Funds. If the tens when due, Borrower shall to Lender any Upon payment in full of all sums payments as required by Lender. pay any Funds held by Lender. If under secured by this Security Instrument, Lender shall promptly refund to Borrower than Funds immediately paragraph 19 the Property is sold or acquire by Lender, Leader shall apply, no later dprior to the sale of the Property or its acquisition by Lender, Funds held by Lender at the time of application as a against the sums secured b 3. APPlieatiew of Pa Y this Security Instrument. Paragraphs 1 and 2 shall be applied. Unless applicable law provides otherwise, all payments received b Note; third, to amounts pphed• first, to late charges due under the Note; second, to y Lender under 4• payable under Paragraph 2; fourth, to interest due; and last, to princi a duet charges due under the Pr Charges; Liens, Borrower Pay all taxes, assessments, charges, fines and impositions Pr%'t r shall which may attain priority over this Security Instrument, and leasehold payments Positions attributable to the Pay these obligations in the manner provided is paragraph 2, or if not paid in that or ground rents, if any. Pay them on time directly to the person owed payment. Borrower shall maninot Borrower shall paid under this paragraph. If Borrower makes these promptly furnish to Lender all notices of amounts receipts evidencing the payments. Payments directly, Borrower shall promptly furnish to Borrower shall promptly discharge any lienwhich Lender agrees in writing s the has priority over this Security Instrument unless Borrower: (a) Payment of the obligation secured by the lien in a manner faith the lien by, or defends against enforcement of the lien in legal proceedings which in the god prevent the enforcement of the lien e forfeiture of any acceptable the Lender'Lender;s (b) opinion contests in operate to the Property the perty; or (c) secures from the holder of the lien an agreement satisfactory to Leader subordinating the lie part is Security Instrument. If Leader determi is subject to a lien which may attain priority over this Security Instrument, Lender nines that any identifying the lien. Borrower Part of a give Borrower a of the giving of notice. shall satisfy the lien or take one or more of the actions set forth above within 10 days insured Hazard Iasaranee, Borrower shall keep the improvements now existing or hereafter erected on the Property against loss by fire, hazards included within the requires insurance. This insurance shall _ min extended coverage" and an other insurance carrier providing the insurance shall in chosen nedd ii by amounts and for the y hazards for which Lender es. The unreasonably withheld. Y Borrower subject to Lendee'sdapprov hick req all not be All insurance policies and renewals shall be Lender shall have the right to hold the acceptable to Lender and, shall include a standard mortall receipts shall id Policies and renewals. If Lender requires, Borrower shall rom tl gage clause. pa Premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to thgiv to e insu?ranc e carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise _ of the Property damaged, if the r±estoratiorepair is w econo cd f Ce ?Pre a a ds shag r' be to applied restoration or repair restoration or repair is not economically feasible or Lender's security be l der' security applied to the sums secured by this Security instrument, whether ty lessened, the insurance proceeds shall be: Borrower abandons the property, or does not answer withlnr or not then-due, with any to settle a claim, then days a notice from Lender y etches noted to Borrower, If the Property. le to Lender may collect the insurance proceeds. Lender may u that the insurancecarrier has Pay sums secured by this Security Instrument, whether or not them e when the notice is given, ach Th 3 to repair or restore Unless Lender and Borrower oth Y period will begin Postpone the due date of the Borrower Otherwise agree in writing, any application of r under r monthly Payments referred to in P oceeds to principal shall not extend or paragraph 19 the Property is acquired b paragraphs 1 and 2 or change hange the amount of the from damage to the Prop y Lender, grower's right to anpayments. If Instrument immediate) AY Prior to the acquisition shall any insurance policies and proceeds resulting y prior to the acquisition Pass to Lender to the extent of the sums secured by this Security 6. Preservation and Maintenance of Pro change the Property, allow the Pro perty; Leaseholds. Borrower shall not destro Borrower shall coin 1 perry to deteriorate or commit waste. If this Security Instrumeent es on a leasehold, p y with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing, 7• Protection of Leader's ]Ri fs in covenants and a cements the Property; Mortgage Insurance covenan riBr contained in this Security Instrument, or there is a le al r If Borrower fails to oce Lender's ghee in the Property perform (such as a proceeding in ban{uu g p conding that may significantly affect P do and pay'for whatever is n per' Probate, for condemnation or to enforce laws or r the Property. Lender.'s actions may include to protect the value of the Pro Instrument, appearing in court., Paying any sums secured by a lien which has rand Lender's rights Lender ma paying reasonable attorneys' fees and en Priority over this Security y take action under this paragraph 7, Lender does not have to do g on the Property to make r Any amounts disbursed by Lender under this 7 shall ??• Although Security Instrument. Unless paragraph become additional debt of Borrower secured by this the date of Crum a Borrower and Lender agree to other terms of payment, these amounts shall bear requesting paymentt e3e rayt#Ad shall be payable, with interest, upon _Je notice from Lender to Borrower i If Lender required mortgage insurance as a Borrower shall pay the premiums required condition of tasking the loan secured by this Security Instru, insurance terminates in to maintain the in in effect until 8 such time as the requirement fomr the Lcoder acc or ordance w its ith Bot rower's and Lender's written agranient or applicable law, shall . gave Borrower Inspection. notice at the ageirf ntay make reasonable entries upon and inspections of the Property. Lender time of or prior to an inspection 9. Condemnation. The proceeds of sPeCif'Yleg reasonable cause for the inspection. any condemnation or other any award or claim for damages, direct or assigned and shall be paid to taking Lender. o any part of the coasequeatial, in connection with Property, or for conveyance in lieu of condemnation, are hereby In the event of a total taking of the Property, the Proceeds shall Instrument, whether or not thin due, be applied to the sums secured by this Securi unless Borrower and Lender otherise with any excess paid to Borrower. In the event of a partial taking of ty the amount of the !yt in writing, the sums secured -Qfbe the reduced b Proceeds multiplied by the following fraction: (a by this Security Instrument before the taking, divided by (b) the fair market value of the ) the total amount of the sums secured immediately paid to Borrower. Property immediately before the taking. Any balance shall be If,the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the p at its to the sums secured by this Security Instrument, whethheer,ot then duel either to restoration or repair of the Property or postpone th s Leender and ?Borrower ?y otpayments referred herwise agree in writin& any application of proceeds to principal shall not extend or 10. Borrower Not Released; Forbearance B paragraphs a paragraphs 1 Waiver. and, 2 or Extension change the the of the amount time of for such payments. modification of amortization of the sums secured b Y Lender Not ? interest of Borrower shall not by this Security Instrument granted by Lender to an payment or inter in Lender shall not be operate to release the al Borrower or Borrower's s any successor required to commence habrltty of the origin payment or otherwise ar proceedings a y successor it interest or uccessors` in interest edify amortization of the sums against an refuse to extend time for by the original Borrower or Borrower's s secured by this Security Instrument by reason of an by the not be a waiver Borrower preclude the exerucctseor ann n or Any forbearance by Lender in exercising y wand made 11. Satxeasors and Y gh remedy, 8 any right or remedy shall this Securit of or I Asslgas Bound; Joint and Severai L ialyility; Co-signers, The covenants y nsttrument shall bind and benefit the successors and and agreements of assigns of paragraph 17. Borrower's covenants and agreements shall be 8 several. of Lender and Borrower, subject to the provisions Instrument but does not execute the Note: (a) is co- 'feint and AIIY grower who co-ai that Borrower's interest to the Pro signing this Security Instrument only to mort? this Security the sums secured to this the PAY under the terms of this Security Instrument; gage grant and convey moth fo ty Instrument; and (c) agrees that Lender (b) not personally obligated to pay \ . that Borrower coor- nsent. any ace?odations with regard to the terms many other Borrower may agree to extend, 1r Lorin Security Instrument or the Note without Charges. If the loan secured by this Security Instrument is subject to a law which sets charges, and that law is final! connection with the loan rally interpreted so that the interest or other loan charges maximum loan exceed the necessary to reduce the charge to the permitted limits, then: a an COveCW or to be collected i permitted limit; and an Y such loan charge shall be reduced by the amount t Permitted limits will be refunded to Borrower. Lender ma b ch o sums already recofundllected by from reducing Borrower the which principal ow cal owed se to under the Note or by making a direct Payment to Borrower. If a refund red a ed partial Prepayment without any prepayment charge under the Note. uses Principal, the reduction will be treated as a. 13. LeBislatlott Affecting Lender's R rendering any provision otthe Note or this Secuigh. rityInstrumeent uunneennforceab e ?r? applicable laws has the effect of may require immediate payment in full of all sums secured by this Security Instrument terms idea at its option, permitted by paragraph 19. If Lender exercises this option, and Yinvoke an P?Brn 17. Lender shall take the steps Y remedies 14. Notices, Any notice to Borrower provided for in seed in the second paragraph of mailing it by first class mail unless applicable law this Security Instrument shall be given by delivering it or Property Address or any other address Borrower designates use of another method. The notice shall be directed to the first class mail to Lender's adddress stated h 8nates by nonce to Lender. An he provided for in this Securi erein or any other address Lender designates nonce to Lender shall given in this paragraph. n' Instrument shall be deemed to have been given designates by A notice to Borrower. Any notice ce 1S. Borrower br bender when given as Governing Law; Severabili ? Prodded jurisdiction in which the Pro ty' This Security Instrument shall be governed by federal law and the law of the Note conflicts with applicable is located. In the event that any provision or clause of this which can be be law, such conflict shall not affect other Security Instrument the Note are can given effect without the conflicting provision. To this end the pf this S Security ecuri instrument declared to be severable. Instrum or t the Note provisions 16. $orrower's Copy. Borrower ty eat and the 17. Transfer of the Pro shall be given one conformed copy of the Note and of this interest in it is sold or pem or a Beneficial Interest In Borrower. If all or an the Property Instrument. transferred (or if a beneficial interest in Borrower Y part of the Person) without Lender's prior written con is sold or transferred and Borrower is na natural secured by this Security Instrument. However Lthis ender on Sat its option, require immediate federal law as of the date of this Sec °Pt on shall not be exercised b Payment full all ll sums If Lender exercises unty instrument Y Lender if exercise is prohibited by this option, Lender shall give Borrower notice of of not less than 30 days from the date the notice is delivered or mailed within which Borrower must all sums this Security Instrument acceleration. The notice shall provide a period Y trument. If Borrower fails to pay these sums prior to the expiration of this remedies permitted by this Security Instrument without further notice or de ' pay secured by 18. Bon ewer's R Period. Lender may invoke any enforcement of this es igy InsReiOstate. If Borrower meets certain conitions, rower and on Borrower. applicable law may specify for trument d ? before?sal of the Pro or to t e earlier of (a) S days (or such other t period have Instrument; or specify Security entry of a PAY Pursuant to an mod s is y power of sale c in (a) Pays Lender all sums which judgment enforcing this Security Instrument* Those conditions areothatt Borrower: occurred; then would be due under this Security, Instrument and the Note had no (b) cures any default of any other covenants or agreements; (e) pays all ex amejera penses rion reasonably require to assure , reasonable attorneys fees; and incurred in enforcing this obligation to that the lien his cYurity Instnunen (d) takes such action as Lender may secured he ?merit and the of obligations cSerit Ins t' Lender's rights in the P trument shall continue unchan roPertY and Borrower's Borrower, this Sxu I statement by occurred. However, this right to reinstate shall not apply secured t hereby shall remain fully effectied. Upon r ve as if no PP Y case of acceleration under paragraphs had Parafiraphs 13 or 17. BOOK 831 PAGE. .442 r NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19• Acceleration;'Remedies• Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this SecurityIns unless applicable law Provides othe Instrument (but not prior to acceleration under paragraphs 13 and 17 action required to cure the default rw) Lender shall notify Borrower of, among other things: (g) the_4efault; (b) the may result in acceleration of the sums secured a default must be cored; and (d) that failure to cure the this defaultngastspsale of ecified the Property. Leader shall further inform Borrower of the right Security righ?t to Instrument, reinstate attrer?acoeelre pl anby judicial on and the right Proceedi to foreclosure proceeding the nonexistence of a default or the the default is not cured ass assert in the any other defense of Bo Security Instrument without cifie further a dera its may foreclose Lire n? reyer to acceleration and foreclosure. If require immediate Payment t by of all sums secured a this shall be entitled to collect all expenses incurred in pursuing ?' Instrument by judicial nder limited to, attorneys' fees and costs of title evidence to the exth t permitted Ph apl in this paragraph 19, Proceedin including g, Lender but not 20. Lender in Possession. Upon acceleration under ara Y applicable eclaw, Person, by agent or by judicially appointed receiver) shall be ent?ed to enter abandon take Possession of the Property, Lender he Property and to collect the rents of the Property including those past due. Y rents collected manage the Lender or the receiver shall be applied first to payment of the costs of management of the Property y and collection of rents, of and including, but not limited to, receiver's fees, premiums on receiver's bonds and seasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release, Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement perm, Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sherirs We or other We pursuant to this Security Instrument. 23• Purchase Money Mortgage, If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage, 24. Interest Rate After Judgment, Borrower agrees that the interest rate payable after a Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25• Riders to this Security judgment is entered on the this Security Instrument, the coyenantssand agreemeents of eachsu such rider shall be i Borrower and recorded supplement the covenants and agreements of this Security Instrument as if the rider(s) were a this Stogether c with Instrument. [Check applicable box(es)]'Ore into and shall amend and part of this Security ? Adjustable Rate Rider ? Condominium Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? 2-4 Family Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: .•.4ui ................ (seal) orrower .. .... ........ .... -?- !Space Below This tine For -BorroWer Ackn9wledgrnentl COMMONWEALTH OF PENNSYLVANIA, • • , York On this, the.29th ...................... .........County ss: a notary public........ day of. August .............. Judith M. Buggler ; the undersigned officer, Personally • • appeared' 1986. . before me, ............... . . .. proven) to be the person.... Whose name ...is ... within subscribed t . the ......i.. knowntto and (or satisfactorily she , .. , executed the same for the purposes herein contained. acknowledged that IN WITNESS WHEREOF, I hereunto set my hand and official seal. MY Commission expires: June 9, 1988 w? %A 4 . ,. n'• I.. •. • • • .. • . ?A Notary Public i ?yrvania • • ti- • • - . c , ,,,• m. l HEREBY CERTIRYrth ns of business oft a pr?cfl tp ?' riIb anti SS nor of oniat? " c: agee lstad NOTARY PUBLIC, KAT)fL 1 *? T rc*r triiQd t0 IntCr "`'t , ice f? r tr'ls if:arecordi r'""""P` 1 205 Pine Street , ; ' ?thYork A A Jsb?; y3va ?rcd G :t* CWission Expkex`1q 9,1988 .,_.. ?- +>: cry; flc vff c age ' A orn - - eat :x I BOOK 831 PAGE 443 ,? d35 (olo /J&,3 e C;r o i v o rn. _ Mnn i b r O G rri 10 tit "( 't7 to m a rrs I rt 4 a b • o NOTE -' A11?SU&.k..29 ..................... ..... N i.,CwubArjand ..... pen;}sy.jyaaia.... 300 Center Street, Enola, PA [City] Estate] ................................ ....................................................................................................... [Property Addrossj 1. $ORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $..46.A0.Q. QQ........ (this amount is called "principal'), plus interest, to the order of the Lender. The Lender is .............. ............... 11arrls..3avings..Aaso ci M:LOA ........................................................................ ......................................... that the Lender may transfer this Note. The Lender or anyone who takes this Note b ............................ Iunderstand receive payments under this Note is called the "Note Holder." by transfer and who is entitled to 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of.10..25 ...............%. The interest rate required by this Section 2 Section 6(B) of this Note is the rate I will pay both before and after any default described in . 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest b will make my month] Y making payments every month. I 19...5{. I will make these $Y payments on the ...lot;...... day of each month beginning on .......Qtp9kAr...1........... ery described below that I may owe under this Nomonth te. until I have paid all of the principal and interest and any other charges to interest befre , on S.eptewb.er...I ...............• ....2016., I still owe aMy monthly payments mounts under this Note' will pay those amo to full onlthatldate, which is called the "maturity date." I will make my monthly payments at .....Second and Pine Streets ............... .................................................:.. Iiarrisburl3.:.. PA........................... .............. ............. or at a different (B) Amount of Monthly payments Pace if required by the Note Holder. My monthly payment will be in the amount of U.S. $..!?2...2? 4. BORROWER'S RIGHT TO PREPAY I have tie right to make known as a " Payments of principal at any. time before they are due. A payment of principal only is prepayment. " When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial pre will use all of my prepayments to reduce the amount le is without paying any Prepayment charge. The Note Holder prepayment, there will be no changes in the due date or in the amount that I owe of my month?rn this Note. If I make a partial agrees in writing to those changes. Payment unless the Note Holder Y 5, LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the such loan charge shall be reduced by the amount necessary to reduce the charge to the an sums already collected from me which exceeded Permitted limits, then: (i) any permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me If a refund reduces principal, the reduction will be treated as a partial prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for overdue Payments If the Note Holder has not received the full amount of any month] days after the date it is due, I will pay a late charge to the Note Holder, The amount of the chargef will. be ..1.... 5 . % oep? overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default by a If I am. in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount and certain the interest that I owHolder thmay at eamount. That date quine me to Pay immediately uttleafull amount of rind all delivered mailed tome. P P? which has not been paid days after the date on which the notice is (D) No Waiver BY Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not p ohibitedr by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Po Note Holder a notice of my different address. y'?d above or at a different address if I give the Any notice that must be given to the Note Holder under this Note will be given by mailing Note Holder at the address stated in Section 3(A) above or at a different ad address. by first class mail the dress if I am given a notice of that different MULTISTATE FIXED RATE NOTE-single Family-FNMA/FHLMC UNIFORM INSTRUMENT For . m 3200 12/83 EXHIBIT I. OBLIGATIONS OF PERSONS UNDER THIS N If more than one person signs this Note each OTE made in this Note, including the promise to y the full person fully and personally obligated to keep all of the promises of this Note is also obligated to do these things. An amount owed. Any person who is a guarantor, the obligations of a may guarantor, enforce its surety rights endorser this this Note, is also Y obligated person to who keep takalles of over the these promises made obligations, including this Note. The Note Holder one of us may be required to pay ell Note against each person individually or against all of us to the B This means that any 9. WAIVERS of the amounts owed under this Note. r, " I and any other person who has obligations under this Note waive the rights of Presentment" means the right to require the Note Holder to demand payment of amrese ounts ue."Notitce of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been pai 10. UNIFORM SECURED NOTE d. This Note is a uniform instrument with ' C to the Note Holder under this Note, a Mo m variations in some jurisdiction. In addition to the protections given same date as this Note, protects We Note (der fD of Trust t or SecuritY Deed (the "Security Instrument") which I make in this Note. That Securi Ins possible losses which might result if I do not k dated the is tu e describes how and under what conditions I may ? the promises immediate payment in full of all amounts I owe under r this Note. Some of those conditions are described as follows: y be required to make Transfer er of the Prop any interest it is sold or rty or a BeneBew Intet'est In Borrower. if all or any part of the Property or Borrower is not a natural transferred (or if a beneficial interest in Borrower is sold or transferred and person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this exercised by Lender if exercise is prohibited by federal law as of the date of this security Ins ptrument. not be If Lender exercises this option, bender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, bender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. l Witn s: ? \o? " HUi g1 r ................... . .................... ..........(Sea]) -sow, _?) ......................................... (? [Sign Original CWY] MODIFICATION AGREEMENT THIS MODIFICATION OF NOTE is made this 17th day of February, 1999, by and between Judith M. Huggler, single person, party of the fast part, hereinafter called Obligor, and HARRIS and existing under the laws of the Commonwealth of Pennsylvania, whose address is Second and corporation Streets, Harrisburg, PA 17101, party of the second part, hereinafter called Obligee. WITNESSETH: The parties hereto intending to be legally bound hereby declare, promise, and agree as follows: 1. Obligor executed and delivered to Obligee, as evidence of an indebtedness, a Note in the principal amount of $46,000.00 on the 29th day of august, 1986, secured by a Mortgage on the same date recorded in the Cumberland County Recorder of Deeds Office in Mortgage/Record Book 831, Page 440, both of which are hereby referred to and made a part hereof by reference and identified as Account #4008176. 2. The principal balance as of this date is $40,17738. 3. The interest rate of 10.250+/, per annum as provided in said Note is hereby changed to 5.875% per annum on the 1 st of March, 1999. 4. The monthly payments of $412.21 as provided in the said Note are hereby changed to monthly Payments of $335.75 on the 1 st day of each month beginning April, 1999. 5. The maturity date of September 1, 2016, as provided in said Note is not hereby shortened to March date. 1, 2014. If obligor still owes amounts under the Note and subsequent Modification, Obligor will pay those amounts in full on that 6. Except as modified herein, all of the terms and conditions of the original Mortgage and Note shall remain in full force and effect, shall not merge into this agreement, and the lien operation and effect of said original Mortgage and Note shall remain in full force and effect. This Modification Agreement shall be binding upon the parties hereto, the heirs, executors, administrators, successors, and assigns, n IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS. (OBLIGOR) (SEAL) HARRIS S GS BANK: (OBLIGOR) (SEAL) COMMONWEALTH OF PENNSYLVANIA, On this, the County ss: -- day of 199 before me, personally appeared , the undersigned officer, satisfactorily proven) to be the person and acknowled ed _ whose name known to me (or 8 that subscribed to the within instrument purposes herein contained. executed the same for the IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires EXHIBIT D 1 11 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date of Notice: May 24, 2007 JUDITH M HUGGLER 300 CENTER ST ENOLA, PA 17025-2607 Loan # 0356101363 r jvit1Y ma' Me your home n This Notice explains bow the pro raMworks MR meet with the Connselin Agencv 780- 1-1869). LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE-EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "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): PROPERTY ADDRESS: LOAN ACCT. NO. JUDITH M HUGGLER 300 CENTER ST ENOLA, PA 17025 0356101363 CURRENT LENDER/SERVICER: Sovereign Bank EXHIBIT "Ell HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE; • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE » Under the Act, you are entitled to a temporary st of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you musarra ge 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 NFXT i30) DAYS_ IF vnt r rin XrI',T ..,.,, ., 11ir(lDT!' A nL^ A _ MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and tele hone numbers of designated consumer credit counselin a encies for the count in which the ro 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 _ately 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 for proceedings will be pursued against you if you have met the time requirements set forth above. You will r notified directly proceedings the Pennsylvania Housing Finance Agency of its decision on your application. be by 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 u to date). NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your property located at 300 CENTER ST, ENOLA, PA 17025 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE THE MONTHLY PAYMENTS of $ 535.24 since 3/1/2007 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $ 1,656.06. The total amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK OVERNIGHT DELIVERY: MORTGAGE COLLECTIONS DEPARTMENT PO BOX 8627 OR 601 PENN STREET READING PA 19603 READING, PA 19601 1-800-753-7366 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 $ 1,656,06, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa nts must be made either b cash cashier's check certified check or money order made payable to Sovereign Bank and sent o the above address 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 riphts to accelerate the mo a e 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) Dipey. AYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged ro rtIF 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, prevent the sale at any time up to one hour before the.qh ;fr- Q- you s611 have the right to cure the default foreclosure sale and an other costs connected with the Sheriff's Sale asrsa ified wntciong bci lender, and be 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 Sheriff's Sale of the mortgaged property could be held would be approidmatel six 6) notice of the actual date of the Sheriffs Sale will be sent to you before thesmnths from the ale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: SOVEREIGN BANK Address: PO BOX 8627, READING PA 1%03 Phone Number: 1-800-753-7366 Fax Number: 1-800-881-9334 Contact Person: Constance M. Cocroft, Vice President EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property lawsuit to remove you and your furnishings and other belongings could be started by thndafter the er at aanyhtime. Sale, a ASSUMPTION OF MORTGAGE - You may have the right to 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 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 (SEE ENCLOSURE) You may contact our Mortgage Services Department via E-mail at: MORTSERV @ SOVEREIGNBANK. COM This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that purpose. HOUSING AND URBAN DEVELOPMENT "HUD" NOTIFICATION IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987 PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU. DATE: May 24, 2007 TO: JUDITH M HUGGLER RE: Account No. 0356101363 FROM: Sovereign Bank The Housing and Community Development Act of 1987 requires that Sovereign Bank notify eligible homeowners with delinquent home loans of the availability of homeownership counseling. Because your home loan is DELINQUENT, you may be eligible for homeownership counseling provided by certain non-profit organizations. PLEASE CALL THE HUD TOLL FREE NUMBER AT 1-800-569-4287 FOR MORE INFORMATION. If you have any questions about your home loan you may call or write to Sovereign Bank at: MORTGAGE COLLECTIONS DEPARTMENT SOVEREIGN BANK PO BOX 8627 READING PA 19603 1-800-753-7366 Constance M. Cocroft Vice President EXHIBIT F MALCOLM J. GROSS GROSS, MCGINLEY, LABARRE & EATON, LLP PAUL A. McGINLEY KIMBERLY G. KRUPKA DONALD LABARRE, JR. ATTORNEYS AT LAW K. A. SPOTTS-KIMMEL J. JACKSON EATON, III MICHAEL A HEN 33 SOUTH SEVENTH STREET ERROL C. DEANS, JR. * . RY ANDREW H. RALSTON, JR. PATRICK J. REILLY P O BOX 4060 LUCAS J. REPKA ANNE K. MANLEY . . SUSAN ELLIS WILD ALLENTOWN, PENNSYLVANIA 18105-4060 OF COUNSEL VICTOR F. CAVACINI DAVID C. KEEHN THOMAS E. REILLY, JR. MICHAEL J. PIOSA ROBERT A. ALPERT (610) 820-5450 ALLEN 1. TULLAR TELEFAX (610) 820-6006 *Also admitted in NY RAYMOND J. DERAYMOND THOMAS A. CAPEHART JOHN F. GROSS EASTON OFFICE: 717 WASHINGTON ST EASTON PA 18042 (610) 258-1506 TO: Judith M. Huggler: We have filed this complaint against you on behalf of our client, Sovereign Bank, F.S.B. WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE: The amount of the debt owed by you is $25,033.21 as of July 24, 2007. Harris Savings Bank is the original creditor for this debt. You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof is disputed by you, we will obtain verification of the debt from our client and provide such verification to you. Please note, that despite the thirty (30) day period described above, the Bank is not required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed, including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed with any such action within the time frame set forth in the accompanying complaint or documents, and any other previous correspondence you may have received directly from the Bank. Please note that if you have filed a petition in bankruptcy or if you have received a discharge in bankruptcy, this notice is for information purposes only and should not be considered as an attempt to collect the debt, but only enforcement of a lien against property. This letter is from a debt collector. This letter and any other correspondence from this office is an attempt to collect a debt and any information obtained will be used for that purpose. Sin e ?? Thomas A. Cap art EXHIBIT G Ul r O z._ 65 ni?! ? ° _ •. < ' --i O SHERIFF'S RETURN - REGULAR CASE NO: 2007-04603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK FSB 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 - MORT FORE was served upon HUGGLER 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 - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 Q? 41.44 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/14/2007 GROSS MCGINLEY LAVAR EATON By. Depu y Sheriff of A.D. .Y .1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Judith M. Huggler, Single, for want of failure to file a responsive pleading to Plaintiffs Mortgage Foreclosure Complaint. X Assess damages as follows: Debt Interest from 07/24/07 to 09/18/07 @ $3.53/day Attorney's Commission TOTAL $25,033.21 197.68 $25,230.89 Plus interest from 09/18/07 and costs X I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. X Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered nd to the attorney of record, if any, after the default occurred and at least ten (10) days prior to a date of the filing of this Praecipe. A copy of the notice is attached. Date Thomas A. Capeha squire Attorney for Plaintiff Attorney I.D. No. 57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 NOW, 9laI , 2007, JUDGMENT IS ENTERED AS ABOVE. 4/3111 11 %b'.L P. " othonotary/Clerk, ivil Division By: ?Vk" A. t. cvh. D uty r CERTIFICATION OF ADDRESSES I, THOMAS A. CAPEHART, ESQUIRE, hereby certify that the precise address of the within- named Plaintiff, Sovereign Bank, is 601 Penn Street, Reading, PA 19601 and the precise address of the within-named Defendant, Judith M. Huggler is 300 Center Street, Enola, Pennsylvania 17025. Thomas A. Capehart, Esquire A NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: Before me, the undersigned authority, personally appeared Thomas A. Capehart Esquire, who being duly sworn according to law, doth depose and say that the Defendant, Judith M. Huggler was not in the Military or Naval Service, based on the following facts as of the date of this affidavit: Age of Defendant: Present Place of Employment: Sui Juris Unknown Present Place of Residence: 300 Center Street Enola, PA 17025 Thomas A. Capehart, quire S to and subscribed before me this day of September, 2007 A.D. Notary Public COMB ONWE&TJ Of PENNSYLVAM Na¦w seal shm M.V. lamer. mmy Pd* member. Ponnsyiwnis As ion of NOW" W:\W DOX\CLTZM\SOVFXMGNBAN\HUGGLER\001878Y3.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single DATE OF NOTICE: September 5, 2007 TO: Judith M. Huggler 300 Center Street Enola, PA 17025 MORTGAGE FORECLOSURE IMPORTANT NOTICE 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 YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOVICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER- LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 GROSS MCGINLEY LABARRE & EATON By: C Thomas A. Capehart, + sq. Attorney for Plaintiff Attorney I. D. No. 57440 33 S. 7+h Street, PO Box 4060 Allentown, PA 18105-4060 ? p ? ?? ? ?? O c ? rv ? ? ? ?, ar ?-. c,? :? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) vs. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE ( X ) Notice is hereby given that a Default Judgment in the above-captioned matter has been entered against you in the amount of $25,230.89 plus interest from September 18, 2007 and costs, on 2007. ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. ./ `PfothonotarY/Clerk, G'Tvil Div. by:. L86cyy .4r, If you have any questions regarding this Notice, please contact the filing party: Thomas A. Capehart, Esquire 33 S. 7h Street, PO Box 4060 Allentown, PA 18105-4060 (610) 530-7500 (This Notice is given in accordance with Pa.R.C.P. 236). a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue Writ of Execution on the above matter. Amount Due $ 25,230.89 Interest from 09/18/07 593.04 to Date of Sale ( at $3.53 day) (Costs to be Added) $ TOTAL $ GROSS MCGINLEY LABARRE & EATON =? ?Xxw '04:? Thomas A. Capehart, squire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 5 T 03 Ln 'D b 1 xW CD w 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania and more particularly described in Exhibit "A" attached hereto: 1. The names and last known address of the Owner or Reputed Owner of the Property is: Judith M. Huggler, 300 Ceenter Street, Enola, Pennsylvania 17025. 2. The name and last known address of the Defendant in the judgment is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Pennsylvania 19601; $25,230.89; dated 09/21/07; No. 07-4603-Civil, Cumberland County records. b) Members 1st Federal Credit Union, 5000 Louise Drive, PO Box 40, Mechanicsburg, Pennsylvania 17055; $74,657.21; dated 10/26/07; No. 07-4559-Civil, Cumeberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $46,000.00; recorded 9/02/86; Mortgage Book Volume 831, Page 440. b) Members First Federal Credit Union, 5000 Louise Dr., PO Box 40, Mechanicsburg, Pennsylvania 17055; $58,000.00; recorded 01/24/02; Mortgage Book Volume 1747, Page 113. c) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, 4910 Carlisle Pike, Mechanicsburg, PA 17050; recorded 02/06/04; Mortgage Book Volume 1853, Page 1669. 5. There are no other known persons who have any record lien on the property. 6. There are no other persons who have a record interest in the property and whose interest may be affected by the sale. 7. There are no other persons who have any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. GROSS MCGINLEY LABARRE & EATON Dated: i Thomas A. Capehart, squire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 r ca 0 C y. -? F n ?.? rti CD w -D .{ J ` 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 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 #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 the 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. EXHIBIT "A' w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in interest to Waypoint Bank, successor to Harris Savings and Loan Association, Plaintiff vs. NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. R.C.P. 3129 TO: Judith M. Huggler 300 Center Street Enola, PA 17025 Your real estate located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on March 5, 2008 at 1000 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA to enforce the court judgment of $25,230.89, plus interest from September 18, 2007 and costs of this proceeding, obtained by SOVEREIGN BANK. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A. Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 820-5450. open the judgment if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You may be able to stop the sale by filing a Petition asking the Court to strike or 3. You may also 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 on Page Three on 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 At 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 820-5450. 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 (610) 820-5450. 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 will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your real estate 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 GROSS MCGINLEY LABARRE & EATON Dated 0 By: =?? Thomas A. Capehart, squire Attorney for Plaintiff I. D. No. 57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18195-1014 L"a *? '.: n x ( '-? w 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 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 #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 the 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. 4 EXHIBIT "A' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4603 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, F.S.B., successor in interest to WAYPOINT BANK, successor to HARRIS SAVINGS AND LOAN ASSOCIATION, Plaintiff (s) From JUDITH M. HUGGLER (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 $25,230.89 L.L.$ 0.50 Interest from 9/18/07 to Date of Sale (at $3.53 day) Atty's Comm % Atty Paid $160.44 Plaintiff Paid Date: 11/19/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs rothonotary By: Name THOMAS A. CAPEHART, ESQUIRE Address: GROSS, MCGINLEY, LABARRE & EATON 33S.7 TH STREET PO BOX 4060 ALLENTOWN, PA 181054060 Attorney for: PLAINTIFF Telephone: 610-820-5450 Deputy Supreme Court ID No. 57440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Thomas A. Capehart, Esquire, hereby certify that on December 13, 2007, a true and correct copy of the Notice to Lien Creditors pursuant to Rule 3129 was mailed by first class mail, postage prepaid, to the following parties listed below: Beneficial Consumer Discount Co. Members First Federal Credit Union d/b/a Beneficial Mortgage Co. of PA 5000 Louise Drive 4910 Carlisle Pike PO Box 40 Mechanicsburg, PA 17050 Mechanicsburg, PA 17055 GROSS MCGINLEY LABARRE & EATON Thomas A. Capeh rt, Esquire Attorney for Plaintiff 33 South 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 s "` 1 I h.. lw U.S. POSTAL SERVICE CERTIICAT OF i MAY BE USED FOR OMESTIC AND NTERNAT OEALL Mi%o PROVIDE FOR INSURANCE-POSTMASTER 10 Received FromGROSS MCGINLEY LABA EATON 33 S 7TH STREET PO BOX 4060 ALLENTOWN PA 181054060 One piece of ordinary mail addressed to: p C (nta Z.n r cn /??? CW-- Z t/ ? Wry --OOD?G--K ? - l2S ?C LLO t (: tJ- N. O h 1 c +??i??cY E? y. ?iC. J1w.I J M C' l? n m ?C1 ICS C r??- ?,5??. `?L?•? ?' PS Form 3817, Mar. 1989 PRnvlnc cno uc? s: "_" ^^v 1101 tmNA IIUNAL MAIL. DOES NOT d i l \r? ?lr7f=r?5 C1C? s?- 1 f ?? a?? ?xf'r '? a i fir, , °? 0-caz ??• CW-- Z. 'a r?/? ? 1 C?X ? ? SD D PS Form 3817, Mar. 1989 a cs IttFp' C'7 Ln cyl Sovereign Bank, F.S.B. VS Judith M. Huggler In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-4603 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 2025 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 copies of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1611 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. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Judith M. Huggler by regular mail to her last known address of 300 Center Street, Enola, PA 17025. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Thomas Capehart. Sheriff's Costs: Docketing Poundage Advertising Levy Mileage Posting Handbills Law Library Prothonotary Postpone Sale Law Journal Patriot News Share of Bills Surcharge So Answers: R. Thomas ine Sheriff BY Real Estate eant 30.00 18.30 15.00 15.00 28.80 15.00 .50 2.00 20.00 389.00 383.54 16.17 20.00 111 X $ 953.31 ??"Jqt ckA(?`130(0 ? ?• sU Rt??/0070 It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania and more particularly described in Exhibit "A" attached hereto: 1. The names and last known address of the Owner or Reputed Owner of the Property is: Judith M. Huggler, 300 Ceenter Street, Enola, Pennsylvania 17025. 2. The name and last known address of the Defendant in the judgment is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Pennsylvania 19601; $25,230.89; dated 09/21/07; No. 07-4603-Civil, Cumberland County records. b) Members lot Federal Credit Union, 5000 Louise Drive, PO Box 40, Mechanicsburg, Pennsylvania 17055; $74,657.21; dated 10/26/07; No. 07-4559-Civil, Cumeberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $46,000.00; recorded 9/02/86; Mortgage Book Volume 831, Page 440. b) Members First Federal Credit Union, 5000 Louise Dr., PO Box 40, Mechanicsburg, Pennsylvania 17055; $58,000.00; recorded 01/24/02; Mortgage Book Volume 1747, Page 113. c) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, 4910 Carlisle Pike, Mechanicsburg, PA 17050; recorded 02/06/04; Mortgage Book Volume 1853, Page 1669. 5. There are no other known persons who have any record lien on the property. 6. There are no other persons who have a record interest in the property and whose interest may be affected by the sale. 7. There are no other persons who have any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. GROSS MCGINLEY LABARRE & EATON Dated t Thomas A. Capehart, squire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 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 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 #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 the 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. EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. R.C.P. 3129 TO: Judith M. Huggler 300 Center Street Enola, PA 17025 Your real estate located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on March 5, 2008 at 1000 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA to enforce the court judgment of $25,230.89, plus interest from September 18, 2007 and costs of this proceeding, obtained by SOVEREIGN BANK. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A. Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 820-5450. 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 also 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 on Page Three on 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 820-5450. 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 (610) 820-5450. 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 will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your real estate 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 Dated: ?I(ir/6- 7- GROSS MCGINLEY LABARRE & EATON By: Thomas A. Capehart, esquire Attorney for Plaintiff I. D. No. 57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18195-1014 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 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 #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 the 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. EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4603 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, F.S.B., successor in interest to WAYPOINT BANK, successor to HARRIS SAVINGS AND LOAN ASSOCIATION, Plaintiff (s) From JUDITH M. HUGGLER (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 $25,230.89 L.L.$ 0.50 Interest from 9/18/07 to Date of Sale (at $3.53 day) Atty's Comm % Due Prothy $2.00 Atty Paid $160.44 Other Costs Plaintiff Paid Date: 11/19/07 (Seal) Deputy REQUESTING PARTY: Name THOMAS A. CAPEHART, ESQUIRE Address: GROSS, MCGINLEY, LABARRE & EATON 33S.7 TH STREET PO BOX 4060 ALLENTOWN, PA 18105-4060 Attorney for: PLAINTIFF Telephone: 610-820-5450 Arothonotary By: Supreme Court ID No. 57440 Real Estate Sale #56 On November 27, 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 27, 2007 By: Real Estate Sergeant 0 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 25, February 1 and February 8, 2008 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. TO AND SUBSCPMED before me this 8 day of February, 2008 Notary r NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 NA" WfA= Mimi •G. " Writ No. 2007-4603 Civil Sovereign Bank, F.S.B. VS. Judith M. Huggler Atty.: Thomas Capehart 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 #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 114 and more particularly bounded and described in accor- dance 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 #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 the 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 06 and #9 on plan; thence akag sad diving line North 80 degrees 30 mrinutee East 177.8 feet to a stdw on the wo tern line of Chester Avenue, the P"v a of BsGu( NG. 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 mortgabor, her ears and assigns. The Patriot-News Co. tiA* 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4t?latriot 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, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02113/08 A.D. Notary f-MIC COIIMIONWEALTH OF PENNSYLVANIA lsner, Notary Pubbe TCMW4bWW otarial Seal burg, t?auphin County 1kt E)Orft Nov. 28, 2011 MWba r. Penft*"la M;ociatlon of Notarles REAL ESTATE SALE NO. 56 Writ No. 2007-4603 Civil Term Sovereign Bank, F.S.B. VS Judith M. Huggler AttorneyThomas Capehart 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 #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 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 fine between Lots M 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 D seconds West 66.44 feet to a point on the 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 fine 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. tj their Deed dated August 22, 1986 and recorded on September 2. 1986, in the Office of thr Recorder of Deeds in and for Cumberland ( amty. at Deed Book Volume D32, page 598, granted and conveyed unto Judith M. Huggler, Single woman, the within mortgagor, her heirs and assims. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) JUDITH M. HUGGLER, Single ) Defendant ) Confessed Judgment Other File No. 07-4603 Civil Term Amount Due: $25,230.89 Interest ($3.53/day): $ 3,064.04 Atty Comm: Costs: PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale contract or account based on a confession of judgment, but if it does, it is base on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Kindly issue Writ of Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the Defendant(s) 300 Center Street Enola East Pennaboro Townshilp, Cumberland County, PA. GROSS MCGINLEY LLP Date: _f0 L11, 1'a Y r Thomas A. Capeha , Esquire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 Ci) RLF-D-- ); FKCE OF THE PIR HIONOTARY 2009 OCT 30 PH f : 26 PEEa NS i'l?rt NI A W. ors P4 .47'q 4 t. 44 eaF q55. at 11 18.50 ` Woo " a?.oo 41,135. a5 - PO Arr/ 4a. co Ne OA> 3V709 ?# a3a?80 , 4wwtLd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) JUDITH M. HUGGLER, Single ) NO. 07-4603 Civil Term MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania and more particularly described in Exhibit "A" attached hereto: 1. The names and last known address of the Owner or Reputed Owner of the Property is: Judith M. Huggler, 300 Ceenter Street, Enola, Pennsylvania 17025. 2. The name and last known address of the Defendant in the judgment is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Pennsylvania 19601; $25,230.89; dated 09/21/07; No. 07-4603-Civil, Cumberland County records. b) Members 181 Federal Credit Union, 5000 Louise Drive, PO Box 40, Mechanicsburg, Pennsylvania 17055; $74,657.21; dated 10/26/07; No. 07-4559-Civil, Cumeberland County records. c) United States Internal Revenue Service, Treasury Department, 1000 Liberty Avenue, Room 808, Pittsburgh, PA 15222-9974; $24,666.39; dated 01/14/08; No. 2008-00253, Cumberland County records. d) East Pennsboro Township, 98 S. Enola Drive, Enola, PA 17025; $1,035.00; dated 02/25/08; No. 2008-01172, Cumberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: -AM a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $46,000.00; recorded 9/02/86; Mortgage Book Volume 831, Page 440. b) Members First Federal Credit Union, 5000 Louise Dr., PO Box 40, Mechanicsburg, Pennsylvania 17055; $58,000.00; recorded 01/24/02; Mortgage Book Volume 1747, Page 113. c) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, 4910 Carlisle Pike, Mechanicsburg, PA 17050; recorded 02/06/04; Mortgage Book Volume 1853, Page 1669. 5. There are no other known persons who have any record lien on the property. 6. The name and address of any other persons who have a record interest in the property and whose interest may be affected by the sale: a) Discover Bank, 6500 New Albany Road, New Albany, OH 43054; Civil Action filed on 1/11/08 at Case Number 2008-00220, Cumberland County records. 7. There are no other persons who have any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. GROSS MCGINLEY LLP Dated: 10 lit, Thomas A. Capehai , Esquire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 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 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 #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 the 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. EXHIBIT "A" FlLFt--tDt--RlCE OF THE' FEE,3T'-r0^,0TAPY 2009 OCT 30 P 1: 26 1 '* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. R.C.P. 3129 TO: Judith M. Huggler 300 Center Street Enola, PA 17025 Your real estate located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on March 3, 2010 at 1000 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA to enforce the court judgment of $25,230.89, plus interest from September 18, 2007 and costs of this proceeding, obtained by SOVEREIGN BANK. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A. Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 820-5450. 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 also 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 on Page Three on 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 I '14K 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 820-5450. 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 (610) 820-5450. 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 will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your real estate 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 GROSS MCGINLEY LLP Dated: L U-- /-V By: Thomas A. Capehart, squire Attorney for Plaintiff I. D. No. 57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18195-1014 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 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 #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 the 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. EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4603 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, F.S.B., Successor in interest to Waypoint Bank, successor to Harris Savings and Loan Association, Plaintiff (s) From JUDITH M. HUGGLER (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 $25,230.89 Interest at $3.53 / day - $3,064.04 Arty's Comm % Atty Paid $1,135.25 Plaintiff Paid Date: 10/30/09 L.L. Due Prothy $2.00 Other Costs Curtis R. r ho tary (Seal) By: Deputy REQUESTING PARTY: Name: THOMAS A. CAPEHART, ESQUIRE Address: GROSS MCGINLEY LLP 33 S. 7TH STREET PO BOX 4060 ALLENTOWN, PA 18105-4060 Attorney for: PLAINTIFF Telephone: 610-820-5450 Supreme Court ID No. 57440 J © ^J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIk CIVIL DIVISION - LAW F = ` x r;??r a n R SOVEREIGN BANK, F.S.B., successor in i.:. .Ti interest to Waypoint Bank, successor to ) NO. 07-4603 Civil Term Harris Savings and Loan Association, ) `r c k o Plaintiff ) vs. ) JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOS URE CERTIFICATE OF SERVICE I, Thomas A. Capehart, Esquire, hereby certify that on January 14, 2010, a true and correct copy of the Notice to Lien Creditors pursuant to Rule 3129 was mailed by first class mail, postage prepaid, to the following parties listed below: Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA 4910 Carlisle Pike Mechanicsburg, PA 17050 Members First Federal Credit Union 5000 Louise Drive PO Box 40 Mechanicsburg, PA 17055 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 GROSS MCGINLEY LLP Thomas A. Capehart, squire Attorney for Plaintiff 33 South 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 W:\W DOX\CLlENTS\SO V EREIGNBAN\HUGG[ER\00303299. DOC MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From GROSS MCGINLEY LLP 33 S 7TH STREET PO BOX 4060 ALLENTOWN PA 18105-4060. One piece of ordinary mail addressed to: PA •• ?..???? aoi i, mar. Iatsa •U.S.O.P.O.: 1992.329.923pa9M MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received FromGROSS MCGINLEY LLP 33 S 7TH STREET r PO BOX 4060 ALLENTOWN PA 18105-4060. One piece of ordinary mail addressed to: i?'?yl r?? pF ???, -gelp9 ; 'S1 n' ' spa '??IA. 9 p y?'?51 ? :. C, ,1 ,. r• ry.:.,. k JA NZ g I ?i n „Se PS Form 3817, Mar. 1989 'U.S.O.PIO.: 190-329 M MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received FrorGROSS MCGINLEY LLP 33 S 7TH STREET r ? PO BOX 4060 ALLENTOWN PA 18105-40 0 One piece of ordinary mail addressed to: T Su M,rA Ri .:3. ,a;,, Co Q-8 w,.E ;3 1 NTI f„r{ PS Form 3817, Mar. 1989 *U.S. o.P.O.: 1992 - 329-02301W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ?? 4 T?r: SOVEREIGN BANK, F.S.B., successor in ''- rn f77 interest to Waypoint Bank, successor to ) NO. 07-4603 Civil Term ; . W -- Harris Savings and Loan Association , Plaintiff ) VS. rn E JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSUR AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania and more particularly described in Exhibit "A" attached hereto: 1. The names and last known address of the Owner or Reputed Owner of the Property is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 2. The name and last known address of the Defendant in the judgment is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Pennsylvania 19601; $25,230.89; dated 09/21/07; No. 07-4603-Civil, Cumberland County records. b) Members ler Federal Credit Union, 5000 Louise Drive, PO Box 40, Mechanicsburg, Pennsylvania 17055; $74,657.21; dated 10/26/07; No. 07-4559-Civil, Cumeberland County records. c) East Pennsboro Township, 98 S. Enola Drive, Enola, PA 17025; $1,035.00; dated 02/25/08; No. 2008-01172, Cumberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $46,000.00; recorded 9/02/86; Mortgage Book Volume 831, Page 440. b) Members First Federal Credit Union, 5000 Louise Dr., PO Box 40, Mechanicsburg, Pennsylvania 17055; $58,000.00; recorded 01/24/02; Mortgage Book Volume 1747, Page 113. c) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, 4910 Carlisle Pike, Mechanicsburg, PA 17050; recorded 02/06/04; Mortgage Book Volume 1853, Page 1669. 5. There are no other known persons who have any record lien on the property. 6. There are no other persons who have a record interest in the property and whose interest may be affected by the sale. 7. There are no other persons who have any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. GROSS MCGINLEY LLP Dated: 7-,61 v Thomas A. Capeh rt, Esquire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 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 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 #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 the 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. EXHIBIT "N' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. ) ) JUDITH M. HUGGLER, Single ) NO. 07-4603 Civil Term r, c f=: MORTGAGE FORECLOSURE` '." 0 x. PQ M N cn Q i PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO: PROTHONOTARY - CIVIL DIVISION: J7 ?m You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: _X The within suit is Settled, Discontinued, Ended and costs paid. The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. _X_ Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: Date: Z o _ _ Signature of authorize g party Thomas A. Capehart, Esquire Attorney for Plaintiff COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL QOSn HAVE RFFN PATH TN(`T.TTnTM(I- cuWuTVV1e PA07V. AATTI .17.11`D11 [T,1TSTT1.11T.m .TT .?._... PENALTIES OF 18 PA. C S SECTION 4oo4 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. L?.c4 Signature SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriffi?? Jody S Smithy Chief Deputy 2010 a N C Edward L Schorpp Solicitor - Sovereign Bank vs. Case Number Judith M Huggler 2007-4603 SHERIFF'S RETURN OF SERVICE 12/17/2009 06:47 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Decembei 17, 2009 at 1842 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. 03/02/2010 Property sale postponed to 6/2/2010. 04/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Thomas A. Capehart on 4/21/10 SHERIFF COST: $825.20 SO ANSWERS, April 21, 2010 RON RANDERSON, SHERIFF /447 s-?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) Harris Savings and Loan Association, ) Plaintiff ) VS. NO. 07-4603 Civil Term JUDITH M. HUGGLER, Single MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania and more particularly described in Exhibit "A" attached hereto: 1. The names and last known address of the Owner or Reputed Owner of the Property is: Judith M. Huggler, 300 Ceenter Street, Enola, Pennsylvania 17025. 2. The name and last known address of the Defendant in the judgment is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Pennsylvania 19601; $25,230.89; dated 09/21/07; No. 07-4603-Civil, Cumberland County records. b) Members 18t Federal Credit Union, 5000 Louise Drive, PO Box 40, Mechanicsburg, Pennsylvania 17055; $74,657.21; dated 10/26/07; No. 07-4559-Civil, Cumeberland County records. c) United States Internal Revenue Service, Treasury Department, 1000 Liberty Avenue, Room 808, Pittsburgh, PA 15222-9974; $24,666.39; dated 01/14/08; No. 2008-00253, Cumberland County records. d) East Pennsboro Township, 98 S. Enola Drive, Enola, PA 17025; $1,035.00; dated 02/25/08; No. 2008-01172, Cumberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $46,000.00; recorded 9/02/86; Mortgage Book Volume 831, Page 440. b) Members First Federal Credit Union, 5000 Louise Dr., PO Box 40, Mechanicsburg, Pennsylvania 17055; $58,000.00; recorded 01/24/02; Mortgage Book Volume 1747, Page 113. c) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, 4910 Carlisle Pike, Mechanicsburg, PA 17050; recorded 02/06/04; Mortgage Book Volume 1853, Page 1669. 5. There are no other known persons who have any record lien on the property. 6. The name and address of any other persons who have a record interest in the property and whose interest may be affected by the sale: a) Discover Bank, 6500 New Albany Road, New Albany, OH 43054; Civil Action filed on 1/11/08 at Case Number 2008-00220, Cumberland County records. 7. There are no other persons who have any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. GROSS MCGINLEY LLP Dated: 10 /1' A -7/Ko te?rr 2 Thomas A. Capeha , Esquire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) NO. 07-4603 Civil Term Harris Savings and Loan Association, ) Plaintiff ) VS. ) JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Thomas A. Capehart, Esquire, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania and more particularly described in Exhibit "A" attached hereto: 1. The names and last known address of the Owner or Reputed Owner of the Property is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 2. The name and last known address of the Defendant in the judgment is: Judith M. Huggler, 300 Center Street, Enola, Pennsylvania 17025. 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold is: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Pennsylvania 19601; $25,230.89; dated 09/21/07; No. 07-4603-Civil, Cumberland County records. b) Members 18r Federal Credit Union, 5000 Louise Drive, PO Box 40, Mechanicsburg, Pennsylvania 17055; $74,657.21; dated 10/26/07; No. 07-4559-Civil, Cumeberland County records. c) East Pennsboro Township, 98 S. Enola Drive, Enola, PA 17025; $1,035.00; dated 02/25/08; No. 2008-01172, Cumberland County records. 4. The names and last known addresses of the last recorded holders of every mortgage of record are: a) Sovereign Bank, F.S.B., 601 Penn Street, Reading, Berks County, Pennsylvania 19601; $46,000.00; recorded 9/02/86; Mortgage Book Volume 831, Page 440. b) Members First Federal Credit Union, 5000 Louise Dr., PO Box 40, Mechanicsburg, Pennsylvania 17055; $58,000.00; recorded 01/24/02; Mortgage Book Volume 1747, Page 113. c) Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Company of Pennsylvania, 4910 Carlisle Pike, Mechanicsburg, PA 17050; recorded 02/06/04; Mortgage Book Volume 1853, Page 1669. 5. There are no other known persons who have any record lien on the property. 6. There are no other persons who have a record interest in the property and whose interest may be affected by the sale. 7. There are no other persons who have any interest in the property which may be affected by the sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. GROSS MCGINLEY LLP Dated: 7-h 7110 --:1;6?L - Thomas A. Capeh rt, Esquire Attorney for Plaintiff Attorney I. D. #57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 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 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 #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 the 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. EXHIBIT "A" 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 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 #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 the 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. EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SOVEREIGN BANK, F.S.B., successor in ) interest to Waypoint Bank, successor to ) NO. 07-4603 Civil Term Harris Savings and Loan Association, ) Plaintiff ) VS. ) JUDITH M. HUGGLER, Single ) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA. R.C.P. 3129 TO: Judith M. Huggler 300 Center Street Enola, PA 17025 Your real estate located at 300 Center Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania is scheduled to be sold at a Sheriffs Sale on March 3, 2010 at 1000 A.M. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA to enforce the court judgment of $25,230.89, plus interest from September 18, 2007 and costs of this proceeding, obtained by SOVEREIGN BANK. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas A. Capehart, Esquire, the entire judgment amount, accrued interest, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 820-5450. 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 also 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 on Page Three on 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 820-5450. 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 (610) 820-5450. 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 will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your real estate 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717)240-6200 GROSS MCGINLEY LLP Dated: e'y 2o, p ;r By: Thomas A. Capehart, squire Attorney for Plaintiff I. D. No. 57440 33 S. 7th Street, PO Box 4060 Allentown, PA 18195-1014 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 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 #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 the 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. EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-4603 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, F.S.B., Successor in interest to Waypoint Bank, successor to Harris Savings and Loan Association, Plaintiff (s) From JUDITH M. HUGGLER (I) 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 $25,230.89 L. L. Interest at $3.53 /day - $3,064.04 Atty's Comm % Due Prothy $2.00 Atty Paid $1,135.25 Other Costs Plaintiff Paid Date: 10/30/09 (Seal) urtis R. Lori , Prot on tary By: Deputy REQUESTING PARTY: Name: THOMAS A. CAPEHART, ESQUIRE Address: GROSS MCGINLEY LLP 33S.7 TH STREET PO BOX 4060 ALLENTOWN, PA 18105-4060 Attorney for: PLAINTIFF Telephone: 610-820-5450 Supreme Court ID No. 57440 On November 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered 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: N?-??L % Real Estate Coordinator 0 ?w s?? 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. Marie SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 Notary r-' F OTARIAL SEAL ORAH A COLLINS otary Public O, CUMBERLAND COUNTY ion Expires Apr 28, 2010 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 114 and more particularly bounded and described in accor- dance 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 #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 the 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. The Patriot-News Co. 812 Market St. Harrisburg,'PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*0t'WX(W5 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 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 ?.- 01/29/10 02/05/10 ............ Srn to d subscribed before me this,'74 d io ebruary, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea] Sherrie L. Kisner, Notary Public City OF Harrisburg; Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Docket Number: 20074603 Civil Term Sovereign Bank vs. Judith M Huggier Atty: Thomas Capehart ALL THOSE CERTAIN lots or tracts of land, with the buildings and improvements thereon erected, situate in East Pennsboro Township, Cuntperland 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 114 and more particularly bounded and described in accordance with a survey made by Ernest J. Walker, RE., 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 #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 the 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 westem.line of Chester Avenue, the place of BEGINNING. HAVING THEREON ERECTED asingle 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 Rife, 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,.t¢e within mortgagor, her heirs and assigns. PROPERTY ADDRESS: 300 Center Street, Enola, PA 17025 i .. V..he Patriot-News Now YOU know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 01/22/10 Sheriff Sale 4603 7.70 $12.00 $ 92.40 01/29/10 Sheriff Sale 4603 7.70 $12.00 $ 92.40 02/05/10 Sheriff Sale 4603 7.70 $12.00 $ 92.40 Notary Fee $5.00 TOTAL DUE FOR THIS SALE: $ 282.20 JLC