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HomeMy WebLinkAbout08-3177V /Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. TERRY L. WALCK Defendant ()8- _ 1Sgq 0,tAVL- r-w- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTR.OS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. TERRY L. WALCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed 1:0 the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. TERRY L. WALCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA f- 3) 7 7 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendant., TERRY L. WALCK, is an adult individual whose last known address is 153 CEDAR STREET CARLISLE, PA 17013. 3. On or about, July 12, 2007, the said Defendant executed and delivered a Mortgage Note in the sum of $88,000.00 payable to PHILADELPHIA FINANCIAL MORTGAGE, A DIVISION OF LEESPORT BANK, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1999, Page 4983 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Mortgage Book 738, Page 3163. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 153 CEDAR STREET CARLISLE, PA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on December 01, 2007 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $13.64 per day From 11/01/2007 To 06/01/2008 ( based on contract rate of 5.6000%) Accumulated Late Charges Late Charges $20.21 From 12/01/2007 to 06/01/2008 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $96,232.50 * *Together with interest at the per diem rate noted above after June 01, 2008 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of $87,711.07 $2,891.68 $141.47 $121.26 $981.47 $4,385.55 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, Plaintiff sent to Defendant written notice dated February 12, 2008, notifying him of the fact of default, amount needed to cure the delinquency and that if the account was not timely reinstated, a foreclosure action would be filed. A copy of the February 12, 2008 notice is attached hereto and marked Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.6000% ($13.64 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: ?. PU LL, ER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) C Loan Number: 124007150 NOTE FHA CASE NO. 441-7975651 JULY 12, 2007 7!,2- [Datel 15 C7 ! ,/ 5J,!5- 153 CEDAR STREET, CARLISLE, PENNSYLVANIA 17013 [Property Address[ 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A PENNSYLVANIA BANKING CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY-EIGHT THOUSAND AND 00/100 Dollars (u. s.$ 8 8 , 0 0 0 . 0 0 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND 600/1000 percent ( 5 . 600 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on SEPTEMBER 1, 2007 . Any principal and interest remaining on the first day of AUGUST 1, 2037 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1044 MACARTHUR ROAD, READING, PENNSYLVANIA 19605 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount. Each monthly payment of principal and interest will be in the amount of U.S. $ 505.19 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) ? Growing Equity Allonge ? Graduated Payment Allonge ? Other specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. ?,.,..-------1n ruEU RATE NOTE (6/96) D-.. Sy--. I- (aW) ..9.1362 Page 1 of 2 i 9 0 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in die amount of FOUR AND 000/1000 percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case Of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the saute rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note willbe given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and 2 of dtis Note. (Seal) (Seal) TERRY 1?CK -Borrower -Borrower - (Seal) -Borrower - (Seal) -Borrower MULTISTATE -FHA MCED RATE NOTE (6/96) Dm-- sn,,,,. - CK0 ?9.1362 Page 2 of 2 - (Seal) Borrower - (Seal) -Borrower Usm,nm s ALLONGE Loan Number: 124007150 Loan Datc: JULY 12 , 2007 Borrower(s): TERRY L WALCK • Property Address: 153 CEDAR STREET, CARLISLE, PENNSYLVANIA 17013 Principal Balance: $ 8 8, 0 0 0. 0 0 PAY TO THE ORDER OF PENNSYLVANIA HOUSING FINANCE AGENCY Without Recourse Company Name: PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK By: (Nan e) DENISE DIGIOVANNI MULTISTATE NOTE ALLONG 03/08/07 MORTGAGR UNDERWRITING MANAGER (Title) DOCAUgiC 04.`Pr U? 800-649-1362 www.docnnegic.com A lS, ALL that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the north by lot now or formerly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 feet in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the East. HAVING thereon erected a two story frame dwelling house known as No. 153 Cedar Street, Carlisle, Pennsylvania. P E N N S Y L V A N I r H O U S I N G F I N I_ C E A G E N C Y Homeownership Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 (717) 780-3870/TTY (717) 780-18'69 CERTIFIED MAIL - RETURN RECEIPT REQUESTED February 12, 2008 RE: Account NO: 1597525 TERRY L WALCK 153 CEDAR ST CARLISLE PA 170132242 RE: 153 CEDAR ST CARLISLE PA 170132242 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CORESTATES BANK, NA, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on your property located at 153 CEDAR ST CARLISLE PA 170132242 IS IN SERIOUS DEFAULT because you have not made the monthly payments of 666.00 for December 01, 2007 through February 01, 2008 for a total of $1,998.00. Late charges and NSF charges that have accrued to this date in the amounts of $40.42 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed), less any funds we are holding in suspense. 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 $2,078.84. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $2,078.84, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 (717) 780-3870/3871 or 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mor gage 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 vour mortgaged property If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt If we refer your case to our attorneys, but you cure the default before they begin ?? ??Y 1 h/ -legal proceedings a5 ,-?st you, you will sties have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. if you cure the default within the thirty day period you will not be required to pay at- torney's fees. We mazy also sue you personally for the unpaid. principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's foreclosure sale. You may do so by paving the total amount of the unpaid month- ly payments and any late or other charges then due as well as the reasonable attornev's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 7:17-780-3870. This payment must be made payable in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default the mortgage will be restored to the same position as if no default had occured However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If` the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company id qualify for replacemei. insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 TLG/jrd 2LS, 1 P E N N S Y L V A N I A H O U S I N G F I N A 4 C E Homeownership Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 (717) 780-3870/TTY (717) 780-1869 A G E N C Y N O T I C E February 1.2, 2008 TERRY L WALCK 153 CEDAR ST CARLISLE PA RE: Account#: 1597525 170132242 TO: TERRY L WALCK 153 CEDAR ST CARLISLE PA 170132242 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD"') and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free #800-569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Enclosure Housing Counseling List PAGE 2 OF 2 *Please be sure the agency of your choice services your county. Tabor. Community Services 439 E. King Street Lancaster, PA 17602 (717) 397 - 5182 Housing Council of York 35 South Duke Street York, PA 17401 (717) 854 -1541 VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Anthony J. Julian Director of Accounting and Loan Servicing PVId YL.VANTA II )USINCY FINAINC E AGENCY Date: SERVICING AGENT FOR U.S. BANK, NATIONAI, / UU ASSOCIATION AS TRUSTEE FOR P)NNSYTVANIj? HOUSING FIN?AWF J7TF"W''t1 •?.rN SHERIFF'S RETURN - REGULAR CASE NO: 2008-03177 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS WALCK TERRY L MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, Ahe within COMPLAINT - MORT FORE was served upon WALCK TERRY L the DEFENDANT at 0019:55 HOURS, on the 5th day of June 2008 at 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 by handing to TERRY WALEK DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Ll13ID7 (?- 00 33.00 Sworn and Subscibed to before me this day So Answers: R • Thomas Klin 06/06/2008 PURCELL KRUG HALLER By: Deputy Sheriff of A. D. «. n., SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03177 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS WALCK TERRY L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT b t unable to locate Him in his bailiwick COMPLAINT - MORT FORE , u was He therefore returns the the within named DEFENDANT 153 CEDAR STREET OCCUPANT NOT FOUND , as to CARLISLE, PA 17013 PROPERTY APPEARS TO BE VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge X11316? So answers: 6.00 .00 agr .00 ' R. Thoma Kline 10.00 Sheriff of Cumberland County .00 16.00 PURCELL KRUG & HALLER 06/06/2008 Sworn and Subscribed to before me this day of A. D. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) TERRY L. WALCK for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $87,711.07 Interest $2,891.68 Per diem of $13.64 From 11/01/2007 To 06/01/2008 Accumulated Late Charges $141.47 Late Charges $121.26 ($20.21 per month to 06/01/2008) Escrow Deficit $981.47 5% Attorney's Commission $4,385.55 TOTAL $96,232.50 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG && .HALL Leon P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on June 27, 2008 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By I Haller PA I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. TERRY L. WALCK Defendant DATE OF THIS NOTICE: June 27, 2008 TO: TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3177 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & HAL By HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 - U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this --6 day of 20 l otar blic r 0IViI'AONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires !q,., _§L2010 LEON P. HALLER, ESQUIRE d 00 YC .y .qty *'?? N U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on the following judgment has been entered against you in the above-captioned matter: $96,232.50 and for the sale and foreclosure of your property located at: 153 CEDAR STREET CARLISLE, PA 17013 Dated: August 5, 2008 Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 S " Lo. AKB PROTHONOTA Y I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 ?d A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 08-3177 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, Ax3 p(qa i r DEFENDANT(S) 11oclin9 Sprinj PA 1-7007 Total Judgment Amount $96,232.50 Interest $2,496.12 Per diem of $13.64 to sale date 12/10/2008 Late Charges $101.05 $20.21 per month to sale date 12/10/2008 Escrow Deficit $1,995.45 TOTAL WRIT $100,825.12 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, December 10, 2008 (PROTHONOTARY'S USE) PRE Paid Deft. Paid _ Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captione Date: August 5, 2008 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMORWF,ALTH OF PENNSYLVANIA COUNTY OF CUMB TO THE SHERIFF OF CUMB SS To satisfy the judgment, interest costs in the ve captioned case, you are directed to levy upon and sell the property described in the a ed description known a 3 CEDAR STREET CARLISLE, PA 17013 Date: PROTHONOTARY/ CIVIL DIVISION BY DEPUTY V'i g 0 oho O 't> D _ -64. Sv;tc?6'WZ CA 0 En 0 0 O 00 0 0 0 0 s s - ,? D D cZ t%4 g C= t rn -K $ All that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the north by lot now or formerly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 feet in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the East. HAVING thereon erected a two story frame dwelling house known as No. 153 Cedar Street, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, easements and restrictions of record. Parcel No.: 05-20-1796-146. BEING THE SAME PREMISES WHICH Roger L. Gutshall by deed dated 7/12/07 and recorded 7/17/07 in Cumberland County Deed Book 280, Page 4971, granted and conveyed unto Terry L. Walck. TO BE SOLD AS THE PROPERTY OF TERRY L. WALCK ON JUDGMENT NO. 08-3177 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 153 CEDAR STREET CARLISLE, PA 17013: Name and address of the Owner(s) or Reputed Owner(s): TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 153 CEDAR STREET CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made ubject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. eon P. Halle A I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: August 5, 2008 C? -rt tx ?.• l* C7-' po U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 10, 2008 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 153 CEDAR STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-3177 JUDGMENT AMOUNT $96,232.50 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TERRY L. WALCK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired,.such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 d All that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the north by lot now or formerly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 feet in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the East. HAVING thereon erected a two story frame dwelling house known as No. 153 Cedar Street, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, easements and restrictions of record. Parcel No.: 05-20-1796-146. BEING THE SAME PREMISES WHICH Roger L. Gutshall by deed dated 7/12/07 and recorded 7/17/07 in Cumberland County Deed Book 280, Page 4971, granted and conveyed unto Terry L. Walck. TO BE SOLD AS THE PROPERTY OF TERRY L. WALCK ON JUDGMENT NO. 08-3177 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3177 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, Trustee for THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From TERRY L. WALCK (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 $96,232.50 L.L.$ 0.50 Interest per diem of $13.64 to sale date 12/10/08 - $2,496.12 Atty's Comm % Due Prothy $2.00 Atty Paid $168.00 Plaintiff Paid Date: 8/07/08 (Seal) REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Other Costs: Late charges - $20.21 per month to sale date 12/01/08 - $101.05 Escrow Deficit -- $1,995.45 Proth notary , By:. Deputy Supreme Court ID No. 15700 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on $/wp k , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 153 CEDAR STREET CARLISLE, PA 17013 Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 B PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 153 CEDAR STREET CARLISLE, PA 17013 awe 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by bei I d of said Sheriffs Sale. Leon P.-Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 10, 2008 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 153 CEDAR STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-3177 JUDGMENT AMOUNT $96,232.50 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TERRY L. WALCK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 All that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the north by lot now or formerly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 feet in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the East. HAVING thereon erected a two story frame dwelling house known as No. 153 Cedar Street, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, easements and restrictions of record. Parcel No.: 05-20-1796-146. BEING THE SAME PREMISES WHICH Roger L. Gutshall by deed dated 7/12/07 and recorded 7/17/07 in Cumberland County Deed Book 280, Page 4971, granted and conveyed unto Terry L. Walck. TO BE SOLD AS THE PROPERTY OF TERRY L. WALCK ON JUDGMENT NO. 08-3177 340 M %46 uW4 467a TO: TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 SENDER: NOS 12/10/08 REFERENCE: PHFA/WALCK RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal Service POST Kfr Receipt for Certified Mail- No Insurance Cov&mge Provided Do Not Use for lMwna*mW Mail r < 1 PENNSYLVANIA HOUSING FINANCE AGENCY v. TERRY L. WALCK Cumberland County Sale 12/10/2008 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comoliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 r r , S??*s fir. V®® PIn1Er sO%WS 02 1A $ 01.10° 0004353871 AUG11 2008 MAILED FROM ZIP CODE 1 710 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. TERRY L. WALCK Cumberland County Sale 12/10/2008 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 153 CEDAR STREET CARLISLE, PA 17013 10 ? ' ® gTNEY gpWES • I f ??" 01.10° 02 1A 0004353871 AUG11 2008 MAILED FROM ZIP CODE 1 710 2 (mil c n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE SUPPLEMENTAL RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on LO tap a,00 Y , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Citimortgage Inc 5280 Corporate Drive MS1011 Frederick, MD 21703 By _ PURCELL,KRU HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN Citimortgage Inc 5280 Corporate Drive MS1011 Frederick, MD 21703 A 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 23413178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real e§ We will be divested by the sale and that you have an opportunity to protect your interest, if any, by ified of said Sheriffs Sale. By: Leon aller PA I.D.15700 Attev for Plaintiff .1,.. - U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 10, 2008 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 153 CEDAR STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-3177 JUDGMENT AMOUNT $96,232.50 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TERRY L. WALCK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 All that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the north by lot now or formerly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 feet in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the East. HAVING thereon erected a two story frame dwelling house known as No. 153 Cedar Street, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, easements and restrictions of record. Parcel No.: 05-20-1796-146. BEING THE SAME PREMISES WHICH Roger L. Gutshall by deed dated 7/12/07 and recorded 7/17/07 in Cumberland County Deed Book 280, Page 4971, granted and conveyed unto Terry L. Walck. TO BE SOLD AS THE PROPERTY OF TERRY L. WALCK ON JUDGMENT NO. 08-3177 PENNSYLVANIA HOUSING FINANCE AGENCY v. TERRY L. WALCK Cumberland County Sale 12/10/2008 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Citimortgage Inc 5280 Corporate Drive MS1011 Frederick, MD 21703 .r or e +? . 3 ` w • r 02 1A $01. fi00 r 0004353871 OCT 30 2008 MAILED FROM ZIP CODE 1 710 2 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3177 TERRY L. WALCK, DEFENDANT IN MORTGAGE FORECLOSURE SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 153 CEDAR STREET CARLISLE, PA 17013: Name and address of the Owner(s) or Reputed Owner(s): TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Citimortgage Inc 5280 Corporate Drive MS1011 Frederick, MD 21703 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants if any ... DOMESTIC RELATIONS OFFICE (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of personal knowledge, information and belief. I understand that false statements herein are in bject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoriti l7 Leon P. er PA I.D. #15700 Purcell, 'Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATED: October 29, 2008 ,,1, l -c r7l - ? r _ lift _ T r11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Pennsylvania Housing Finance Agency Tr is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 7th day of August, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3177, at the suit of Pennsylvania Housing Finance Agency Tr against Terry L Walck is duly recorded as Instrument Number 200840572. IN TESTIMONY WHEREOF, I have hereunto set my hand -- ze and seal of said office this 67Y day of A.D. 000 2?-- of Deeds He C WDaeds, Cumberland Caunly, Car". PA My C m . Expires the Fist Monday of Jan. 2010 U.S. Bank National Association Trustee for In the Court of Common Pleas of The Pennsylvania Housing Finance Agency Cumberland County, Pennsylvania VS Writ No. 2008-3177 Civil Term Terry L. Walck Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2008 at 1835 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: Terry L. Walck by making known unto Terry Walck personally, at 223 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1020 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 Terry L. Walck, located at 153 Cedar Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Terry L. Walck, by regular mail to her last known address of 223 Plaza Drive, Boiling Springs, PA 17007. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller, on behalf of U.S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency. It being the highest bid and best price received for the same, U.S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency, of 211 North Front Street, Harrisburg, PA 17101, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $930.83. Sheriffs Costs: Docketing $30.00 Poundage 18.25 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 302.66 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $ 930.83 V , '0/36# ?- JD LA So Answers: R. Thomas Kline, Sheriff BY d Real Estate ergeant l r U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 U , IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 153 CEDAR STREET CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): TERRY L. WALCK 223 PLAZA DRIVE BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 153 CEDAR STREET CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. eon P. Halle A I.D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: August 5, 2008 1 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. TERRY L. WALCK, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-3177 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 10, 2008 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 153 CEDAR STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-3177 JUDGMENT AMOUNT $96,232.50 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TERRY L. WALCK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired,. such date must be-obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 f 7? All that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the north by lot now or formerly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 feet in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the East. HAVING thereon erected a two story frame dwelling house known as No. 153 Cedar Street, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, easements and restrictions of record. Parcel No.: 05-20-1796-146. BEING THE SAME PREMISES WHICH Roger L. Gutshall by deed dated 7/12/07 and recorded 7/17/07 in Cumberland County Deed Book 280, Page 4971, granted and conveyed unto Terry L. Walck. TO BE SOLD AS THE PROPERTY OF TERRY L. WALCK ON JUDGMENT NO. 08-3177 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3177 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, Trustee for THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From TERRY L. WALCK (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 $96,232.50 L.L.$ 0.50 Interest per diem of $13.64 to sale date 12/10/08 - $2,496.12 Atty's Comm % Due Prothy $2.00 Atty Paid $168.00 Plaintiff Paid Date: 8/07/08 (Seal) REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 Other Costs: Late charges - $20.21 per month to sale date 12/01/08 - $101.05 Escrow Deficit -- $1,995.45 P 014J-ta colts By: Deputy Real Estate Sale # 23 On August ' 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 153 Cedar Street, Carlisle, more N ~ fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18, 2008 By: Real Estate rgeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 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. 7?-M-71 - LLi* Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 Vii, in *NA IMm = Writ No. 2008-3177 Civil U.S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency vs. Terry L. Walck Atty.: Leon P. Haller All that certain lot of ground situate in the ough of Carlisle, Culaberland county, Wi' ?, bounded and described as f4fiVIrs: ON the north by lot now or for- merly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 feet in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the East. HAVING thereon erected a two story frame dwelling house known as No. 153 Cedar Street, Carlisle Pennsylvania. UNDER AND SUBJECT to cov- enants, easements and restrictions of record. Parcel No.: 05-20-1796-146. BEING THE SAME PREMISES WHICH Roger L. Gutshall by deed dated 7/12/07 and recorded 7/17/07 in Cumberland County Deed Book 280, Page 4971, granted and con- veyed unto Terry L. Walck. TO BE SOLD AS THE PROPERTY OF TERRY L. WALCK ON JUDG- MENT NO. 08-3177. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the ?lat[10tayNews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 Sworn Van44AFibed before and this d of ovember, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA aJotarial Seal F Shenis L Kisne+, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Real EstaM Soft No. 23 Wrk No. 2800.3177 Civil Term U.S. Bank Notional Association Trustoe for the Pennsylvania Housing Finance Agency V$ Terry L. Walck Attorney Leon P. Haller LEGAL DESCRIPTION All that certain lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the north by lot now or formerly of Mrs. Elmer C. Ludt; on the East by lot now or formerly of Mrs. Elmer C. Ludt; on the South by lot now or formerly of Archie Long; and on the West by Cedar Street. CONTAINING 19 fee in front on Cedar Street and extending in depth 105 feet to lot now or formerly of Mrs. Elmer C. Ludt on the fast. HAVING thereon erected. a two story frame dwelling house known as No. 153 Cedar Street, Carlisle, Penmylvania, UNDER AND SUBJECT to covenants, easements and restrictions of record. -k* t.. W12/67 and recerdod 77nM1 Deed Book 280, Page 4971, granted and conveyed unto Terry L. Walck. TO BE SOLD AS THE PROPERTY OF TERRY L. WALCK ON JUDGMENT NO. 08- 3177