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Home My WebLink About03-6237MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF, VS. DAVID O. NELSON and SARA A. NELSON DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (MORTGAGE FORECLOSURE) NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATrEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may 10se money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 Member: PEDIiRAL CREDIT UNION 7. 9900 C~A~80~.'1 480.c' 1 ANNUAl. PERCENTAGE cmd;t aa a yea~ rate. FINANCE CHARGE: ~e ~ollar amount the or~lt will coot you. % $ sEels, aa CLOSED-ENO NOTE O~..-cf, LOAN AND SECURITY AGfiEE~E'" NEL~ON~ D~UID MT HOLLY BPGa, PA 7. 9900 Amount Financed; 'Tho amount ol credit pmv~d~ to you or on your behalf., Total et Payments: Tile I amount you will have paid I a~er you alive moue ell i paymen~ al eche~uled. $ 99409, 4~ Vo,'l~ble RMo: The Annual Pe~t~ Iq~te ~y i~ ~ng the te~ ~ ~ t~M~ion ff lbo N/A ...... ~ls wi a~ a ~in ~ NZR m ~o In~x ~ue. ~ ~t8 will .~ ~ on ~e first ~y of ~ ~, ~ ram w!ll ~imum~teall~by~W a~R~ll~v~M~an N/~ .Anybtlrestmtoincr~le~llr~Ull)n~m~ym~of~oum. FotEx~~e if you r ~n was for ~,~ ~ I 5% ~r ~ men~ ~ the ~ual Penn.ge RI~ i~ by ~ after one ~r, the ~ of ~ur loan woufU ~r =o~ 1~9.31 weekly Begin 1~-04-98 ~uml . 1~9,31 Final due 11-1~-10 wlil~y wifl be: $ N/~ kcurlty: Collateral m~uring other leans with the creuit union also #~ure this Ioa~. ~ are O~)~g l,Siari~ [Nlralt in ~ Cha~l: ff a x~ent II lie by 10 ~yl or mom, ~u w~ll be chm~ a late ~ee of 5% of your ~..~ the goodm or p~(~e~/~ing r'-'l Other pu,chued. XX~(Oeu~be): ~N'D MTG Req,ulmol O.~uR l_llan~e: It ~., tM Filing Annu~ Pe~eflmgo Mite ~S not take sn~o $ n/a a~unt your r~u~ ae~ bal~co. ~EMI~ON O~ ~E AMOUNT ~N&NCED e &3~97. ~1 S 3~17t, ~ is ~&~8.96 ~herson S ~/a T~nc Fee s T~ Yo~r ~ehalf NOTE AND SECURi~ AGREEMENT {CONTiNUeD ~ nEvi.se S~E) ) Non,FIBng lnauc~nce' $ n/a The following paragraph apollos aniy If this t~ · re,ebro rate moan, The initie! rate of i~ereat ~s N/A %. InMmst~ Interest will ~ ~arged from ~o dim of thai loan Until you hove ~ wMt ~u owe under this Agreement. The Interl$ rata ~( ~ N/~ (Index) ~in~oI. We will a~d ~ margin of N/~ ~ ~teremt ~ I~re~ will r~R J~ ~ ~y~ ~ ~ ~ a~unt, . .......... gXHIBIT "A" MADE TI-IE ,~ny er ,'~','~.,*'$~'~' . in the year et' Oar Lo~d one thousand nine hucdr~d n[ncty.4~ine {.1999) BETWEEN S Al:k~ A, NKL$ON, of Seuth Middle[on Tow~hip, C~m~bcrK~nd C0tmly, Pcnnsy[¥e~[a, GI~L4NTOR, a~d BAVID G. NEIL~ON, el Soulh Midd~ton T~waship, Cumb~land CounlL Pennsylvania., the r~i~ ~o~ {~ hemb~ ack~cd, ~c ~d Ora~or d~ ]mmby g~m ~ ~nvcy the said G~tee, ids ~in ~d ~si~ all or her ~divi~d one-hall inlet in and ALL THAT CERTAIN tra;t orland with lie buildinl~ and impmvcmcms thor~oa crcet;l situate in South Middlcto~ Towa.Oaip, Cumbed andlCouaty, P~nnsylvmh, bomxlod and chseribcd ir, ~c~ordam:~ with a oo~ss sarvty for Cart F. Nolso~, St,, by T.O. Bicuch, Resisted Surveyor, dated September. 1962, as follows: UE~LNN[NG at ~. po{at in I1~ approximate c~ntcflinc oF W~ IHnc S~ ~f~ded a~ corner o~la~s now or f~efly o~ 14. L. Oonloy; t~ncc by t~ ap~oxim~e ~cut~linc o~thc said W~L Pine ~tr~t) Soulh 80 ~ ~st, 125 lL~t to a ~t at comcr of~s now or ro~lx or ~mes L. Eu~; then~ by I~s of ~ ~id J~c: ~ Bu~ nod throush a ~tc, ~uth 02 ~grc~ West, ~2 C~, ~ or t~s, ~ ~ iron pin; t~c by t~ sa~, No~h 86 d~g~es We~. 293 to a ~sl; thence by l~ sam~, ~uIll 4 I/4 ~g~s Weal. ~62,5 f~ ~o a post on line o~l~8s now or remedy orl. I. L. ~l~y; Ih~ce by ~d l~ds ~w o~ fonn~dy ofH. L. I~ul~y, Ncrfl~ 86 &gms W~, 91.2 f~ ~ a ~st; I~ b~ l~n~ ~w or fo~iy or I.I, L. Benin, Norm 1 d~g~ ~ minutca ~% ITl.~ feet to ~ iron pin; Ihcn~ by ~h= ~me. ~rth 3 degrees E~t 228 f~ct, mort or 1~ Ihmugh s~l~ to ~ ~in~ ~ pl~ KNOWN AS AND NUMBER.ED 207 Wc~t Pin~ 8tre~t. BE{NG the same pfemlses vdfi~h S~a'a A. Nelson, et al., by de~ dated M arch 13, 199 l, and rcc. arded ia tl~ {)ffleo ot'tl'~ Recorder orDeeds ha end for Cumbcrinnd County in l~od EXHIBIT "B" .',u .~ /,' , 132248-04~ MORTGAGE] THIS MORTGAGE is made this ., .~tj~.. d,~y of. ~ ................................ ..... between ,he Mo.l.lor,,, ~a ,&,. ~ ,~, ~ ,0. ,~l~ ......................... ............................. tk~' ~b~c ~'~IY ~ibfl'XCt" whk:h has ~h~ address or ....... 207. t,,ll~t; 2i~e. ~t~.eet. .................. J~.. P~.nsylvanm ........ 1,~06.5 ........... (herein "Properly EXHIBIT "C" 12:5~ PM MEMBER~IST FCLI INS. DEPT 7177955178 eo~d496,~ {,333 ~wtr, sub~t to the p~vl~l~l o~ plrllrlp~ 16 h~eof. All mv~nants ~nd ~gr~menh of ~ro~r shall ~ Ibis ~oflglle. I. the evefll Ihil afl~ p~ision or clause of Ihls ~oflSage or thc No~e ~nfli~s with ~ppllclblc Inw, Il, b~t~ ~1 b b~ N~lhutfldlnl ~flder's Kce]erit~n of the Jumt ~red by th~ ~r~iph 17 bm~, Imludlnj, ~t ~ IJmlt~ to, ~fllble itt~* ~; l~ (d) ~wer tek~ such ~lllill~ M ~F tb IumB ~ by thb Moflp~ shill ~,tiflue unJmpll~, U~fl su~ ~flt I~ ~ by ~U~. U~ ~t~ Q~ff ~ra~a~ 17 b~ m iba~meflt of ~e W~fly, ~r, Iff ~, ~ ~lnt ~ ~l ~ m~lnl ~the ~ ~d ~ of ~fl~, In~udlnl. but ~ Ilmlt~ to, ~r'l RE~JI~$T FOR NOTICE OF DEFAULT AND ¥ORFCLO~;URE UNDER SUPERIOR MORTGAGES OR DEEDS Of' TRUST August 11, 2003 CERTIFIED MAIL NO. 7002 2030 0006 9003 9894 RETURN RECEIPT REQUESTED RE: David G. Nelson Mortgage Account No. 132248, Loan No. 04 Morlgage Premises: 207 W. Pine St., Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage held by Members 1st Federal Credit Union, (hereinafter we, us or ours) on your property located at 207 W. Pine St., Mt. Holly Springs, PA 17065, is in serious default because you leave not m~de the MoBghl¥ ~a~mants of $217.90 for June 1. $689.30 for J~uly i. and $689.30 for August 1.2003. The total amount now r~uired to cure this default, or in other words get caught up in your payments, ~ of the date of this letter is $1,596.50 You may cur~ this default within THIRTY (30) DAYS of the date of this lel~er, by paving to us the above amount of $1.$9630 plus any additional Monthly pavmer~ts and late charges which may fall 4ue during the period. Such payment must be made either by each, cashier's cheek, certified cheek or money order, and made at Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055, Attention: Arlanda Dintaman. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our fight to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may los~ the chance to pay offthe original mortgage in Monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to star~ a l~wsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriffto pay offthe morteage debt. Ifwc refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pa:,' the reasonable attorney's f~s, even if they are over $50.00. Any attorney's fees will bc added to whatever you owe us, which may also include our reasonable costs. If YOu cure the default within the thirty day period, you will not be required to ray attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period an~l foreclosure proc~edinas havo begun, yo$ have the ri~t to curs the default and l~reveat the sale at any time u~ to one hour before the Sheriffs foreclosure sale. You may do so by paving the totol amount of the un,aid Mon*hy payment plus any late or other charges then due. as well as the reasonable attorney% f~s and costs connected with the foreclosure sale (and perform any other reauirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately NTNETY (90) DAYS from the date of this letter. A notice of the date of the Sheriffs sale will be sent to you before the sale. Ofcourse, the amount needed to curo the default will increase the longer you wait. You may find out at any time exactly what the required payments will be by calling us at EXHIBIT "D" the following number (717) 795-6031. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be star~ed to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORIGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COST ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER R. EQUIIt. BMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE LrNDER WHAT CIRCUMSTANCE THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A.NY THIRD PARTY ACTING ON YOUR BEHALF. If you cute the default, the mortgage will be restored to the: same position J~,~ if no default had tNcurrecl. However, you are not entitled to this right to cure your default mor~ than three times in any calendar year. Sincerely, Arlanda Dintaman Collections Officer October 17, 2003 CERT[Fi£D MAIL NO. 7003 1010 0000 8125 2510 RETURN RECEIPT REQUESTED RE: Sara A. Nelson Mortgage Account No. 132248 Loan No. 04 Mortgage Premises: 207 W. Pine St., Mt. Holly Springs, PA 17065-1123 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The morlgage held by Members 1st Federal Credit Union, (hereinafter we, us or ours) on your property located at 207 W. Pine St., Mt. Holly Springs, PA, 17065-1123 is in serious default becau,e you have not made the Manthlv payments of $9.90 for June 1. $689.30 for July 1. $689,30 for August 1, $689.30 fei: S~tember 1. and $689.30 for October 1. 2003. The total amount now required to cure this default, or tn other words get caught up in your payments, a~ of the date of this letter is $2,767.10. YOU may cure thi~ default within THIRTY (30) DAYS of the date of this letter, by paving to us the above amount of$2,767.10, plus any additional Monthly payments and late charges which may fall due durimz the netted. Such payment must be made either by cash, cashing check, certified cheek or money order, and made at Members 1st Federal Credit Union. 5000 Louise Drive, Meehanicsburg, PA 17055, Attention: Ned Picciotti. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in Monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortiazed vrovertv. If the mortgage is foreclosed, your morlgatzed provertv will be sold by t_~ .shefiffto pay offthe mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to p~y attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured thc default within the thirty dt~y period and foreclosure vroceedin~ have begun, you have thc right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid Monthly payment plus any late or other charges then due, as well as the reasonable attomey*s fees i%nd ,costs connected with the foreclosure sale (and perform any other requirements under the moriaa~el. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately NINETY (90) DAYS from the date of this letter. A notice of the date of the Sheriffs EXHIBIT "E" sale will be sent to you before the sale, Of course, the amount needed to cure the defaul! will increase ;he longer you wait. You may find out at any time exactly what the required payments v, il] be by calling us at the following number (717) 795-5135. This payment taus! be in cash, cash{er's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of thc mortgaged properly and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. Yin, have additional fights to help protect your interest in the properly. YOU 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. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COST ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If vo, u cure the default, the mortgage will be restored to the same l~oaition ~ if no default had oecurre~t. However, you ~ not entitled to this right to cure your default more than thre~ limes in any calendar year. Sincerely, Ned Picciotti Collections 2 ~VIPORTANT NOTICE TO HOMEOW2qERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS August 11, 2003 TO: FROM: RE: David G. Nelson Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055 Account #: 13224.8, Loan #: 04 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amoum of the delinquency is $1,596.50. That sum includes the following: $217.90 due for June 1, $689.30 due for July 1, and $689.30 due for August 1,2003. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act ~s determined by the Pennsylvania Housing Finance Agency. Please read all of the Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) day~ from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a coraumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of ot~r representative is: Arlanda Dintaman, Members 1~' Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 (717) 795-6031 The name and address of a designated consumer credit counseling agency is: Consumer Credit Counseling Service of Greater Harrisbttrg 2000 Linglestown Road Harrisburg, PA 17110 (717) 541.1757 EXHIBIT "F" It is only necessary to schedule one face-to-face meeting. You should advise this lemtcr immediately of your intentions~ If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign ~d file a completed Homeowners' Emergency Assistance Application. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency, Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. "It is extremely important that you file your application promptly. If you do not 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 you will forfeit your eligibility for assistance". Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete In every respect'~ The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it received your application~ During that additional time, no foreclosure proce~lings will be pursued against you if you have met the time r~luirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P. O. Box 15530, Harrisburg, PA 17105. Telephone No. (717) 780-3940 or 1-800-342-2397 (toll flee number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance, Sincerely, Arlanda Dintaman Collections Officer 2 iMPORTANT NOTICE TO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS October 17, 2003 TO: FROM: RE: Sara A. Nelson Members 1't Federal Credit Union, 5000 Lot, ise Drive, Mechanicsburg, PA 17055 Account # 132248 Loan # 0,~ Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days, The total amount of the delinquency is $2,767.10. That sum includes the following: $9.90 due for June 1, $689,30 due for July 1, $689.30 due for August 1, $689.30 due for September 1, and $689.30 due for October 1, 2003. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of the Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of tbreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face!' meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherWise settle your delinquency. This meeting must occur in the next thirly (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling age ~cy identified in this notice, no further proceeding in morlgage foreclosure may take place for thirty (30) days aRer the date of this meeting. The name, address, and telephone number of our representative is: Ned Picciotti, Members 1~t Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 (717) 795-5135 The name and address of a designated consumer credit counseling agency is: Consumer Credit Counseling Service of Greater Harrisburg 2000 Linglestown Road Harrisburg, PA 17110 (717) 541-1757 EXHTB'rT "C" It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the consumer credit counseling agency listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consUmer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. "It is extremely important that you file your application promptly. If you do not do so, or if you rio not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance". Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete in every respect". The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it received your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application, The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P. O. Box 15530, Harrisburg, PA 17105. Telephone No. (717) 780-3940 or 1-800-342-2397 (toll free number). EnclOsed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage", You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, il' you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upm~ while you are receiving that assistance. Sincerely, Ned Picciotti Collections Arlanda Dintaman r'-'-" ......... L USE I 207 W. Pine Street M~. Holly Springs. PA 17065 Sara A. Nelson ;207 W Ph)e St Mt Holly spri~'tgs, PA 17065-1123 EXHIBIT "HI' VERIFICATION I, Gregory D. Fuller, Collections Manager for Members l~t Federal Credit Union, being authorized to do so on behalf of Members lst Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1 st Federal Credit Union Gfiffgory D. fuller, Collections Manager - SHERIFF'S RETUP/q CASE NO: 2003-06237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UN VS NELSON DAVID G ET AL - REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within NOTICE NELSON DAVID G DEFENDANT , at 0018:00 HOURS, at 207 WEST PINE STREET MT HOLLY SPRINGS, PA 17065 SAPJt NELSON (WIFE) a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 4th day of December , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this /~ day of t Prothonotary ' ' ' So Answers- R. Thomas Kline 12/05/2003 KARL LEDEBOHM 2 Deputy Sheriff SHERIFFIS RETURN - REGULAR CASE NO: 2003-06237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UN VS NELSON DAVID G ET AL ROBERT BITNER , Cumberland County, Pennsylvania, says, the within NOTICE NELSON SAPJtA DEFENDANT at 0018:00 HOURS, at 207 W PINE STREET MT HOLLY SPRINGS, PA 17065 SARA NELSON a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 4th day of December , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /0 -- day of A.D. ~ Prothonotary ' So Answems: ~ R. Thomas Kline 12/05/2003 KARL LEDEBOHM MEMBERS 1sz FEDERAL CREDIT UNION, Plaintiff VS. DAVID G NELSON and SARA A. NELSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 02 ~222 Civil Term CIVIL ACTION - LAW (MORTGAGE FORECLOSURE) PRAECIPE TO THE PROTHONOTARy: Please~enter judgment in the above captioned proceeding in favor of Members 1~t Feder~/1 Credit Union, Plaintiff, and against the Defendants, David G Nelson and Sara A. Nelson, in the amount of Fifty-one Thousand Two Hundred Eighty-six and 61/100 Dollars ($51,286.61), plus interest at the rate of $10.5842 per day through the date of payment, including on and after the date of entry of judgment on the ~Complaint, attorney's fees and costs and :for foreclosure and sale of the mortgaged property described in the Complainti Judgment is entered pursuant to Pa. R.i.P. 3031 for failure to file an Answer on behalf of Defendants, David G Nelson and Sara A. Nelson, to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Date: Jaauary ~ , 2004 Respectfully~ /d~r~ 3bmitted' P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 At[orney for Plaintiff I hereby certify that notice of intent to take a default judgment was forwarded to David G. Nelson and Sara A. Nelson by United States Mail, First Class, and postage prepaid on December 30, 2003. The aforesaid notices Were each contained within an envelope bearing the return address of the undersigned. The notices have not been returned to the undersigned as undeliverable or otherwise, p, copy of the notices and Postal Form 3817 are attached hereto and marked Exhi ' ' )k" //f garl M. Ledebbhm, Esquire MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -,93-623-4 Civil Term · ca -t. aa7 VS. DAVID G NELSON and SARA A NELSON Defendants CIVIL ACTION - LAW TO¸ IMPORTANT NOTICE David G. Nelson & Sara A Nelson 207 West Pine Street Mount Holly Springs, PA 17065 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE iN DEFAULT BECAUSE YOU Hfl. VE FAILED TO TAKE ACTION REQUIRED OF YOU iN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TI-US NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IM]VORTANT KIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWSCER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Date: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 /- Re Spec~t/u 1 l/y~ gu b n~tt ed {"-)/"~ ? I // ,~l /[ // K~I M. Ledebohm, Esq .Supreme Court ~ ff59012 P.0. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff EXHIBIT "A" ~LI xoH 0 d bssl 'tutl°qaPa~l I~ N~t PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1st FEDERAL CREDIT UNION Plaintiff VS. DAVID G. NELSON and SARA A. NELSON Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 03~6237 Civil Term Amount Due: $51,286.6l v/ Interest from: 11/18/03 at the rate of ;10.5842 per day to be added Atty's Com. N/A COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against David G. Nelson, 207 West Pine Street, Mt. Holly Springs, PA 17065, Defendant; and (3) against Sara A. Nelson, 207 West Pine Street, Mt. Holly Springs, PA 17065, Defendant; (4) and against N/A Garnishee (s); (5) and index this writ (a) against David G. Nelson, 207 West Pine Street, Mt. Holly Springs, PA 17065, Defendant; and (b) against Sara A. Nelson, 207 West Pine Street, Mt. Holly Springs, PA 17065, Defendant; (c) N/A Garnishee (s), and levy upon and seize the following real property of Defendants and index this writ against the following real property of Defendants as a lis pendens: All that certain tract of land and improvements thereon erected situate in South Middleton Twp., Cumberland County, Pennsylvania, known and numl~ered as 207 West Pine Street, Mt. Holly Springs, PA 17065 and as more particularly set forth and described on Exhibit "A' attached hereto and made part hereof by reference. (d) Exemption has (not) been waived. Dated: P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a compass survey for Carl F. Nelson, Sr., by TO. Bietsch, Registered Surveyor, dated September, 1962, as follows: BEGINNING at a point in the approximate centefline of West Pine Street Extended at comer of lands now or formerly ofH.L. Donley; thence by the approximate centerline of the said West Pine Street, South 80 degrees East 125 feet to a point at comer of lands now or formerly of James L. Ruth; thence by lands of the said James L. Ruth and through a pole, South 02 degrees West, 222 feet, more or less, to an iron pin; thence by the same, North 86 degrees West, 29.5 feet to a post; thence by the same, South 4 ¼ degrees West, 162 5 feet to a post on line of lands now or formerly of H.L. Donley; thence by said lands now or formerly of H.L. Donley, North 8 6 ;A degrees West, 91.2 feet to a post; thence by lands now or formerly of H.L. Donley, North l degree 20 minutes East, 171.5 feet to an iron pin; thence by the same, North 3 degrees East 228 feet, more or less, through a pole to a point, the place of BEGINNING BEING the same premises which Sara A. Nelson by her deed dated February 18, 1999 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 194, page 919, granted and conveyed unto David G. Nelson. KNOWN AND NUMBERED as 207 West Pine Street, Mt. Holly Springs, PA 17065. EXHIBIT "A' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6237 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff (s) From DAVID G. AND SARA A. NELSON, 207 W. PINE ST., MT. HOLLY SPRINGS PA 17065. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 207 W. PINE ST., MT. HOLLY SPRINGS PA 17065 (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 $51,286.61 Interest FROM 11/18/03 ~ $10.5842 per diem Atty's Corem % Arty Paid $130.83 Plaintiff Paid Date: MARCH 1, 2004 (Seal) REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQ. Address: P O BOX 173 NEW CUMBERLAND PA 17070 Attorney for: PLA/NTIFF Telephone: (717) 938 6929 Supreme Court ID No. 59012 L.L. $.50 Due Prnthy 1.00 Other Costs CURTIS R. LONG MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. DAVID G NELSON AND SARA A. NELSON DEFENDANTS. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-6237 Civil Term CIVIL ACTION-LAW (MORTGAGE FORECLOSURE) AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Upper Frankford Township, Cumberland County, Pennsylvania, known and numbered as 207 West Pine Street, Mt. Holly Springs, PA 17065. 1. Name and address of owner(s) or reputed owner(s): David G. Nelson and Sara A. Nelson 207 West Pine Street Mt. Holly Springs, PA 17065 2. Name and address of defendant(s) in the judgment: David G. Nelson and Sara A Nelson 207 West Pine Street Mt. Holly Springs, PA 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. Name and address of the last recorded holder of every mortgage of record: Members Ist Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA P.O. Box 8621 Elmhurst, IL 60126 Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA c/o Terrence J. McCabe, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 PA Housing Finance Agency Homeowners Emergency Assistance Program 2101 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Res_pecJt~y~ubg~rit~ed, ~ ~. Karl M L6debohm, sq. Supreme Court 1D #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff MEMBERS 1sv FEDERAL CREDIT UNION PLAINTIFF Vs. DAVID G NELSON AND SARA A. NELSON DEFENDANTS. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-6237 Civil Term CIVIL ACTION-LAW (MORTGAGE FORECLOSURE) CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 27th day of February, 2004, I served the NOTICE TO LIENHOLDERS AND OTHER. PARTIES 1N INTEREST pursuant to Pa. KC.P, 3129 (b) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Members 1~ Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA P.O. Box 8621 Elmhurst, IL 60126 Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA c/o Terrence J. McCabe, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 PA Housing Finance Agency Homeowners Emergency Assistance Program 2101 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 /l~arl . Leaeoonm, esq. Supreme Court ID #: 59012 PD. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Members 1st Federal Credit Union Members 1 st Federal Credit Union VS David G. Nelson and Sara A. Nelson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003~6237 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from ^ttomey Karl Ledebohm. Sheriff's Costs: Docketing 30.00 Poundage 1025.73 Posting Handbills 15.00 Advertising 15.00 Mileage 8.28 Levy 15.00 Surcharge 30.00 Law Journal 284.00 Patriot News 142.77 Share of Bills 29.26 Law Library .50 Prothonotary 1.00 $1596.54 paid by attorney 06/08/04 Sworn and subscribed to before me So Answers: This A.D. ~ ~)~s/t~;' ~ , ~,~ )~t.~.~ ,q~By x,~ ~_~~R. Thomas Kline, Sheriff 2004, Prothonotary Real Esta~t6 Deputy MEMBERS ls~' FEDERAL CREDIT UNION PLAINTIFF Vs DAVID G NELSON AND SARA A. NELSON DEFENDANTS. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-6237 Civil Term CIVIL ACTION-LAW (MORTGAGE FORECLOSURE) AFFIDAVIT PURSUANT TO RULE 3129.1 Members l~t Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Upper Frankford Township, Cumberland County, Pennsylvania, known and numbered as 207 West Pine Street, Mt. Holly Springs, PA 17065. I Name and address of owner(s) or reputed owner(s): David G Nelson and Sara A Nelson 207 West Pine Street Mt Holly Springs, PA 17065 2. Name and address of defendant(s) in the judgment: David G Nelson and Sara A Nelson 207 West Pine Street Mt. Holly Springs, PA 17065 3 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. Name and address of the last recorded holder of every mortgage of record: Members 1 st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA P.O. Box 8621 Elmhurst, IL 60126 Beneficial Consumer Discount Co. d/b/a Beneficial Mortgage Co. of PA c/o Terrence J. McCabe, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 PA Housing Finance Agency Homeowners Emergency Assistance Program 210l North Front Street P.O Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: 6 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. 7 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 [ verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa CS. Section 4904 relating to unsworn falsification to authorities Date: Respe~t~u~ly3pbcqqt~ed, ~ ~ PO. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff MEMBERS 1st FEDERAL CREDIT UNION PLAINTIFF gs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-6237 Civil Term DAVID G. NELSON AND SARA A. NELSON DEFENDANTS. CIVIL ACTION-LAW (MORTGAGE FORECLOSURE) NOTICE OF SHERIFF'S SALE OR REAL ESTATE To: David G Nelson and Sara A. Nelson PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION lS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Your house (real estate) at 207 West Pine Street, Mt. Holly Springs, PA 17065, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on June 9, 2004 at 10:00 a.m. in the Office o£the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $51,286.612 plus interest and costs obtained by the above named Plaintiffagainst you NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff' s Sale, you must take immediate action: The Sheriff Sale will be cancelled if you pay to the above named Plaintiffthe amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929 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. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice below to find out how to obtain an attorney YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the SheritTs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale To find out if this has happened, you may call the Sheriffat the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer At that time, the buyer may bring legal proceedings to evict you You may be entitled to a share of the money which was paid for your house A schedule of distribution of the money bid for your house will be filed by the Sheriff on (within thirty (3 0) days after the Sheriff Sal~). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (I 0) days after the schedule of distribution is filed by the Sheriff. 7 You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD T~Z~LE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or (800)990-9108 The Sheriff's phone number is: (717)240-6390 Karl M L'edebohm,Esquirei ~' Supreme Court ID #59012 PO, Box 173 New Cumberland, PA 17070-0173 (7 t 7)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in South Middletot~ Township, Cumberland County, Pennsylvania, bounded and described in accordance with a compass survey for Carl F. Nelson, Sr., by T.O Bietsch, Registered Surveyor, dated September, 1962, as follows: BEGINNING at a point in the approximate cer~terline of West Pine Street Extended at comer of lands now or formerly of HL Donley; thence by the approximate centefline of the said West Pine Street, South 80 degrees East 125 feet to a point at comer of lands now or formerly of James L. Ruth; thence by lands of the said lames L. Ruth and through a pole, South 02 degrees West, 222 feet, more or less, to an iron pin; thence by the same, North 86 degrees West, 29.5 feet to a post: thence by the same, South 4 ¼ degrees West, 162 5 feet to a post on line of lands now or formerly of H L Donley; thence by said lands now or formerly of ilL Donley, North 8 6 ¼ degrees West, 91 2 feet to a post; thence by lands now or formerly of ilL. Donley, North I degree 20 minutes East, 171.5 feet to an iron pin; thence by the same, North 3 degrees East 228 feet, more or less, through a pole to a point, the place of BEGINNING BEING the same premises which Sara A. Nelson by her deed dated February 18, 1999 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 194, page 919, granted and conveyed unto David G. Nelson. KNOWN AND NUMBERED as 207 West Pine Street, Mt. Holly Springs, PA 17065. EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6237 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sr FEDERAL CREDIT UNION Plaintiff (s) From DAVID G. AND SARA A. NELSON, 207 W. PINE ST., MT. HOLLY SPRINGS PA 17065. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 207 W. PINE ST., MT. HOLLY SPRINGS PA 17065 (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 $51,286.61 Interest FROM 11/18/03 ~ $10.5842 per diem Atty's Comm % Atty Paid $130.83 Plaintiff Paid Date: MARCH 1, 2004 (Seal) REQUESTING PARTY: Name KARL M. LEDEBOItM, ESQ. Ad&ess: P O BOX 173 NEW CUMBERLAND PA 17070 Attorney for: PLAINTIFF Telephone: (717) 938 6929 Supreme Court ID No. 59012 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothcfi~tary Real Estate Sale//85 On March 11, 2004 the sheriff levied upon the defendant's interest in the real property situated in South Middllon Township, Cumberland County, PA Known and numbered as 207 West Pine Street, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2004 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 27th day(s) of April and the 4th day(s) of May 2004. 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 D~.ul;~hin in.~lisc~tlaneous Book "M', Volume 14, Page 317. ~{~'"' ~ /~/// ,~. )/,::~j~ _/~//'f'""'"~ PUBLICATION ........................................................ COPY Sworn to and subscribed I~efor)~ ,me/tl~f~eth day of~a_)~2~4 A.D. ICily of Harrisburg, D<~upNn C.o ~r ty ~ 'Membe~,Penns¥1vanlaA~so¢lati~n01N~t~l*~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates Total ~?~17.. ~ ~., I,;J'~.'-~--. !~ r $ 142.77 =~(=~o~, '.ia- Publisher's Receipt for Advertising Cost of~,~w~,~,S~r~'~ No., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general --:~v .~ ..L Da~,/ ~raa~ .... ",ut~.,~. . ',~--~ w~ ~ge rece pt of the aforesa d not ce and publ cat on costs and cert f es that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 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 tree. Atty.: Karl Ledebohm EX>tlBIT "A" ALL THAT CERTAIN tract of land Sr., by T.O. Bietsch, Registered Sur- veyor, dated September, 1962. as fol- _now. or formerly ofH.L. Donl?y: th .eh_ce SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005