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Home My WebLink About09-2127 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. MARY C. FORD AND LARRY E. WALKER Defendants IN THE COURT F COMMON PLEAS OF CUMBERLAND C LINTY, PENNSYLVANIA I CIVIL ACTION - LAW ACTION OF MORT?AGE FORECLOSURE No, 6 5 - ?,(J7 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINE 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 follow ng pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance p rsonally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You ar 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 er notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose mone or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIN OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONT LAS QUEJAS TRO PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDADEN E 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QU USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUA QUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR ON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR EL 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 OTROS DE CHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (S RVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD REET CARLISLE, PA 17013 717-249-3166 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. IN THE COURT O COMMON PLEAS CUMBERLAND COUIIITY, PENNSYLVANIA CIVIL AC III ION LAW ACTION OF MORTGAGE FORECLOSURE MARY C. FORD AND LARRY E. WALKER, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT 1,O THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 16Q1 il The undersigned attorney is attempting to collect a debt owed to the P information obtained will be used for that purpose. The amount of the Complaint. Plaintiff is the creditor to whom the debt is owed. Unles (30) days after your receipt of this notice disputes the validity of the a portion thereof owing to the Plaintiff, the undersigned attorney will as valid. If the Debtor notifies the undersigned attorney in writing with t period that the aforesaid debt, or any portion thereof, is disputed, the i obtain written verification of the said debt from the Plaintiff and mail written request by Debtor to the undersigned attorney within said thirl undersigned attorney will provide debtor with the name and address o 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 aintiff, and any debt is stated in this the Debtor, within thirty aresaid debt or any ume that said debt is ie said thirty (30) day Zdersigned attorney shall ame to Debtor. Upon (30) day period, the the original creditor if U.S. BANK NATIONAL ASSOCIATION TRUSTEE IN THE COURT O COMMON PLEAS FOR THE PENNSYLVANIA HOUSING FINANCE CUMBERLAND CO Y, PENNSYLVANIA AGENCY, Plaintiff CIVIL ACTON - LAW VS. ACTION OF MORTGAGE FORECLOSURE MARY C. FORD AND LARRY E. WALKER, ?.- .L 7 c ?+ Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE 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 the Pennsylvania Housing Fiance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, MARY C. FORD and LARRY E. WALKER, are adult individuals whose last known address is 1836 PINE ROAD NEWVILLE, PA 17241. 3. On or about, May 27, 2005, the said Defendants executed and delivered a Mortgage Note in the sum of $123,850.00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., which Note is attached hereto and marked Exhibit "A". II 4. Contemporaneously with and at the time of the execution of the aforesaid ] secure payment of the same, Defendants made, executed, and delivered to real estate Mortgage which is recorded in the Recorder of Deeds Office of Commonwealth on June 1, 2005 in Mortgage Book 1909, Page 1571 cony the subject premises. The Mortgage was subsequently assigned to PENNS FINANCE AGENCY and was recorded in the aforesaid County on June 1, Page 197. The Mortgage was further assigned to U.S. BANK, NATIONAL TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 1836 PINE ROAD NEWVILLE, PA 1 Note, in order to Mortgagee, a certain within County and ig to original Mortgagee VANIA HOUSING 05 in Mortgage Book 718, OCIATION, be sent for recording. 1 and is more particularly described in Exhibit "B" attached hereto. 6 7. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on June 01, 2008 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $118,716.19 Interest at $18.14 per day $6,621.10 From 05/01/2008 To 05/01/2009 ( based on contract rate of 5.5000%) Accumulated Late Charges $457.03 Late Charges $28.13 $309.43 From 06/01/2008 to 05/01/2009 Escrow Deficit $1,055.79 Attorney's Fee at 5% of Principal Balance $5,935.81 TOTAL $133,095.35 "Together with interest at the per diem rate noted above after May 01, 2009 4and other charges and costs to date of Sheriffs 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 purchased, at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be choged that are actually incurred by Plaintiff. No judgment has been entered upon said Mortgage in any jurisdiction. 9. 10 Notice of intention to foreclose and to accelerate the loan balance was sent to a Defendants by letters dated August 12, 2008 as required by Pennsylvania Act No. 6 of 1974, as am nded. Copies of the August 12, 2008 Act 6 Notices are attached hereto and marked Exhibit "C". 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 Ac No. 91 of 1983. 11. The Defendants are not members of the Armed Forces of the United States o America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act f 1940, as amended. WHEREFORE Plaintiff demands judgment in mortgage foreclosure "IN REM' for the aforementioned total amount due together with interest at the rate of 5.5000% ($18.14 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff s Sale d for foreclosure and sale of the property within described. By: P CELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 ? 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) NOTE 441-7670803 May 27, 2005 [Haul 1836 Pine Road Newville, PENNSYLVANIA 17241 (property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's means Gateway Funding Diversified Mortgage Services L.P. suchIessors and assigns. "Lender" I i 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 One Hundred Twenty Three Thousand Eight Hundred Fifty and no/100 Dollars (U.S. $123,850.00 ), plus interest, to the order of Lender. Int rest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and One Half percent( 5.5000 %) 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 i?nder meat that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the from losses which might resulf 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 July 01, 2005 Any principal and interest remaining on the first day of June 2035 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 300 Welsh Road, Building 5, Horsham, PENNSYLVANIA 19044 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. $ 703.21 This amount will be part of a larger monthly payment required by the Security Instrument, t1* shall be applied to principal, interest and other items in the order described in the Security Instrument. MULTISTATE FHA FIXED RATE NOTE ITEM 6432L1 (9606R) (Page 1 of 3 pages) WP 6/96 GREATLAND ¦ To r Call: 1-500-530-9393 flax 616-741-1131 _44? (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 Other (specify] FIGraduated Payment 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, withionthly charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower painterest on the amount prepaid for the remainder of the month to- the extent required by Lender and permitted by regulatio of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the payment unless Lender agrees in writing to those changes. 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, descn'bed 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 the amount of Four percent( 4.0000`x) of the ov rdue amount of each payment. (B) Default i If Borrower defaults by failing to pay in full any monthly payment, then Lender may, ex pt as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the princip balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights i the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights t require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when no,, pe 'tted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or is or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may req Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the ext t not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as 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 du . "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 'I 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Bo ower under this Note will be 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. I 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 eep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guaran or, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, cluding the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. An one person signing this Note may be required to pay all of the amounts owed under this Note. GREATLAND ¦ ITEM 643212 (9606R) (Page 2 of 3 pages) To Cap: 1-MS30-9393 (Tax 616-791-1131 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants Note. (Seal) Larry E Walker -Borrower Mary C (Seal) -Borrower (Seal) Borrower HOU THE PEt I to a order of FINANCE AGENCY o recourse Funding ' rsified Mortgage rites, L.P. neral P %rt:ateway Fun ' g, inc. Oo? Assistant Vice President in pages I through 3 of this [Sign Original Only] ITEM 6432L3 (9606R) (Page 3 0f3 OREATLAND ¦ pages) To Order Cal: 1-800-530-9393 flax 616.791-1131 ALL that certain tract of land situate in Penn Township, Cumberland Cow Lot #2 of a Final Minor Subdivision Plan for Jay L. Richwine, prepared b, Assoc., L. S., dated March 19. 1986 acid being recorded in the Office of the F for Cumberland County in Plan Book 50, Page 55 (erroneously referred to as bounded and described as follows: BEGINNING at pin set at the southern dedicated right-of-way line of Pine R dividing line between Lot Nos. 2 and 3 said Plan, thence along said dedic North 70 degrees 39 minutes 30 seconds East, 150.00 feet to a pin; thence between Lot Nos. 1 and 2 on said Plan, South 19 degrees 20 minutes 30 seco: a pin; thence along the same, South 61 degrees 14 minutes 30 seconds We thence along the dividing line between Lot Nos. 2 and 3 of said Plan, North 1? seconds West, 323.60 feet to a pin set in the southern dedicated right-of-way 21008), the place of BEGINNING. CONTAINING 1.071 acres exclusive of dedicated right-of-way. UNDER AND SUBJECT to all building and use restrictions and conditions as Page 1168. 6?14 - b('? " 9 ( ry, Pennsylvania, being Rodney Lee Decker & =rder of Deeds in and Ilan Book 36, Page 98), ad (L.R. 21008) at the ded right-of-way line, long the dividing line ds East, 298.73 feet to 152.05 feet to a pin; degrees 20 minutes 30 ine of Pine Road (L.R. in Deed Book 124, Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211 NV rth Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (1-8 0-822-7375) Or (717-780-3870) FAX (717) 780-3804 TTY (717) 780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 12, 2008 RE: Account No 1287002 LARRY E WALKER MARY C FORD 1836 PINE RD NEWVILLE, PA 17241-9542 RE: 1836 PINE RD NEWVILLE, PA 17241-9542 Dear Occupant(s): The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGEI or ours) on your property located at 1836 PINE RD, NEWVILLE, PA 17241-95421 DEFAULT because you have not made the monthly payments of $962.00 for June 1 1, 2008 for a total of $2,886.00. Late charges and NSF charges that have accrued to 1 of $317.08 and $0.00 respectively, are also due. The total listed below includes all f inspections and securing that needed to be completed) less any funds we are holding amount now required to cure this default, or in other words, get caught up in your pa this letter is $3,223.08. You may cure this default within thirty (30) DAYS of the date of this letter, amount of $3,223.08, plus any additional monthly payments, expenses and late chart during this period. Such payment must be made either by cash, cashier's check, cert', order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exer accelerate the mortgage payments. This means that whatever is owing on the original be considered due immediately and you may lose the chance to pay off the original m installments. If full payment of the amount of default is not made within THIRTY (3 intend to instruct our attorneys to start a lawsuit to foreclose your mortgageed Rrovert If the mortgage is foreclosed, your mortgage property will be sold by the shei mortgage debt. If we refer your case to our attorneys, but you cure the default before proceedings against you, you will still have to pay the reasonable attorney's fees, actu :Y (hereinafter we, us IN SERIOUS 008 through August s date in the amounts s (including suspense. The total nents. as of the date of paying to us the total which may fall due d check or money amount borrowed will )rtgage in monthly 1) DAYS, we also to pay off the ;y begin legal y incurred, up to b (I (( 6A"' I tr? ?f Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211)?orth Front Street, P.O. Box 15057 Harrisburg, PA 1 71 05-505 7 (1-00-822-7375) Or (717-780-3870) FAX (71 ) 780-3804 TTY (717) 780-1869 $50.00. However, if legal proceedings are started against you, you will have to pay fees, even if they are over $50.00. Any attorney's fee will be added to whatever you include our reasonable costs. If you cure the default within the thirty day period, yo pay attorney fees. We may also sue you personally for the unpaid principal balance and all oth? mortgage. If you have not cured the default within the thirty day period and foreclo begun, you still have the right to cure the default and prevent the sale at anytime up sheriff's foreclosure sale. You may do so by paving the total amount of the unpaid r, any late or other charges then due, as well as the reasonable attorney's fees and cons foreclosure sale and perform any other requirements under the mortgage. It is estim, that such a Sheriffs sale could be held would be approximately five months from the notice of the date of the Sheriff sale will be sent to you before the sale. Of course, th cure the default will increase the longer you wait. You may find out at any time exai payment will be by calling us at the following number: 1-800-822-7375. This p payable in cash, cashier's check, certified check or money order and made payable tc above. You should realize that a Sheriffs sale will end your ownership of the mortg right to remain in it. If you continue to live in the property after the Sheriffs sale, a 1 to evict you. You have additional rights to help protect your interest in the property. YO1 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGA BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MO PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND E AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHE: UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMIN CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. he reasonable attorney's owe us, which may also i will not be required to sums due under the -e proceedings have ted that the earliest date date of this Notice. A amount needed to tly what the required yment must be made us at the address stated property and your it could be started HAVE THE RIGHT 3E DEBT, OR TO 'HIS DEBT. YOU TO THE .TGAGE DEBT, TTORNEY'S FEES REQUIREMENTS UNDER WHAT iAVE THIS occurred. However, you are not entitled to this right to cure your default more than 6 calendar year. You have the right to assert in any foreclosure proceeding or any other lawsu mortgage documents, the nonexistence of a default or any other defense you believe y such action. If you maintain credit, life or disability insurance in connection with your me failure to pay premiums with your payments may have already resulted or may result lapse or a cancellation of that insurance by the insurance company. If the insurance la reinstatement of the loan will not reinstate the insurance, and you will have to apply tc company and qualify for replacement insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept to the delinquencies. However, such partial payments will not cure your default or rei loan will not be reinstated unless we receive the entire amount required to cure the dei times in any instituted under the i may have to any tgage loan, your i the future in the ises or is cancelled, the insurance and apply them your loan. The Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211 orth Front Street, P. 0. Box 15057 Harrisburg, PA 1 71 05-505 7 (1-800-822-7375) Or (717-780-3870) FAX (717) 780-3804 TTY (717) 780-1869 Sincerely, Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FlT 211 North Front Street/ P.O. Box 1 Harrisburg, PA 17105-5057 AGENCY TLG/jrd Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211 forth Front Street, P.O. Box 15057 Harrisburg, PA 1 71 05-505 7 (]-00-822-7375) Or (717-780-3870) FAX (71 ) 780-3804 TTY (717) 780-1869 NOTICE August 12, 2008 LARRY E WALKER MARY C FORD 1836 PINE RD NEWVILLE, PA 17241-9542 RE: Account# 1287002 TO: LARRY E WALKER MARY C FORD 1836 PINE RD NEWVILLE, PA 17241-9542 i FROM: PENNSYLVANIA HOUSING FINANCE AGENCY I The Federal Housing and Development Act of 1987 (as amended) directs cr ditors to notify homeowners who are delinquent in their mortgage obligation of the availability of h meownership counseling provided by nonprofit organizations approved by the Secretary of the D artment of Housing and Urban Development ("HUD") and experienced in the provision of homeowners `p counseling. Attached is a current list of HUD-approved counseling agencies for If these agencies are not near you, you can call HUD's toll free number (800569-4287 for financially distressed mortgagors for information concerning HUD-approved housin counseling agencies. Enclosure Housing Counseling List Pennsylvania Housing Finance Agency Accounting / Loan Servicing Division 211 North Front Street, P.O. Box 15057 Harrisburg, PA 17105-5057 (1-8 0-822-7375) Or (717-780-3870) FAX (71 ) 780-3804 TTY (717) 780-1869 * Please be sure the agency of your choice services your county. HOUSING COUNCIL OF YORK TABOR COMMUNITY SERVICES 116 N George St 439 E King St. York, PA 17401-1106 Lancaster, PA 17602-3004 Phone: 717-854-1541 Phone: 717-397-5182 6 N M1 ? a- ? ? N N X '7 ¢? a Ir w?a rn M 00 y .OO a Z .1 t` c? H U 0 0 I- 00 N W iW ZO Lis N Q W J02 e z CC cc w z8 ao ao .,? o0 0 0 .T \\ o rn o .r ch o N o Ch o H H .? w M \ \ ? • o M.. ?o Ln 0. ao 0 m m w Ln a. N N C2 0 W o: 0 0 a n i. O Q J •? .+ O h 1? •• \ C N go 0" 0a O OH NO LnO L Im IN v .T 'a a - co M n H o N .+ V fn .+ N h ? ? L C M Go 0o ao U m .. w Zw z o \ • \ V- J V •• >•?T ••> O mH off ++ d H H M N m L L x 7 m N N e 4D al A as •• m H z 10 Q w a Is H 1 m m Q 0: C Z N LL + r Q. La N O C a al C Y F- O >- C C N L to f• ,•? ., d 7 Q 0: J J N: N in V LL > W w %T N W in LL %T O O O a% L I O Z w H H 9 N ow eM d m ++ >to 7 N N QLL 7 W Q ul 65 P r? CL 0 F- Q .r H o Y Q J C 7 aQ a a a m O vu ni z a a c O E N m T N W. ' O al 0 d O• w w U C J Y co W iC.. CI m .?.. a. J z r H Z> -H 0 C # 3 LL m H L. > of e m a L O C W W U N C 1 CL '4 0 0 cc N L .i LL o Cs v o GD V • ?t A r] v CD w N R of r- Q m E U O C O 1 Y ?T • 1 o m W w •-I 1e m w > n W Z w Z W ++ LL 0 Ln d CO ¢ > d" J w J O. > D N Z w T LL J CL J .i C H N ce w H M M L. m „"? T O LI a Q H •O > 1e > U O N m o Q J Z 0 M 3 M 3 N J N H C2 F- •rt aO w aO W of 1 N Q. L. .r Z H z O V C N of d Q H .. ry " 0 r- +i ul # U •• H .. rl .. .. .. .. H x Ln In C LH r1LHr1aL HL m we m •• L. 0. Is L.6Is 0V -HW a 1 w oa oe eoeeLV my ar rnm JU ccW WWW WIL a ZQ J IL a. 33 7160 3901 1611S 6371 4901 TO: MARY C FORD 1836 PINE NEWVILLE PA 17241-9542 SENDER: REFERENCE: 12$7002 CARTAGINA RETURN PbGft e RECEIPT CwWood Fka SERVICE Rd= Reow 265 2-15 Raeblcf?d Tall Pbem5.38 US Postal Servios POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intemaborw m" 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 authorize 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 owledge, 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. Date: 40910 q Director of Accounting ar?d Loan Servicing PENNSYLVANIA HOUSING (FINANCE AGENCY SERVICING AGENT FOR U.S BANK, NATIONAL ASSOCIATION AS TRUS'T'EE OR PENNSYLVANIA HOUSING FINANC17 AGENCY 6) FILED -0tR- C`E OF THE F;ROTHONOTARY 2009 APR - 6 AM 9= 4 3 iD CyUNTY ? SU Sheriffs Office of Cumberland County R Thomas Kline,, ?'? rrrbr f? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy c'FF.C.E c'F ' =, -:RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/13/2009 06:02 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupants located at 1836 Pine Road, Newville, Cumberland County, Pennsylvania 17241, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant. 04/13/2009 06:02 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 200E at 1802 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mary C. Ford, by making known unto herself personally, defendant at 1836 Pine Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to hei personally the said true and correct copy of the same. 04/13/2009 06:02 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 200E at 1802 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Larry E. Walker, by making known unto himself personally, defendant at 1836 Pine Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $74.00 April 13, 2009 SO ANSWERS, rR THOMAS KLINE, SHERIFF 2009-2127 US NATIONAL BANK VS MARY C. FORD Depu Sheriff o - - sue. -,M c1a ? cif { U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MARY C. FORD LARRY E. WALKER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-2127 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) MARY C. FORD and LARRY E. WALKER 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 $118,716.19 Interest $6,621.10 Per diem of $18.14 From 05/01/2008 To 05/01/2009 Accumulated Late Charges $457.03 Late Charges $309.43 ($28.13 per month to 05/01/2009) Escrow Deficit $1,055.79 5% Attorney's Commission $5,935.81 TOTAL $133,095.35 **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 & HALLE Leon P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ? K U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Vs. MARY C. FORD LARRY E. WALKER, DEFENDANT(S) NO. 09-2127 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on May 4, 2009 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. erg Leon P. 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. MARY C. FORD AND LARRY E. WALKER Defendants DATE OF THIS NOTICE: May 4, 2009 TO: MARY C. FORD 1836 PINE ROAD NEWVILLE, PA 17241 LARRY E. WALKER 1836 PINE ROAD NEWVILLE, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2127 CIVIL 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 & H B LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 4 • . U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW vs. MARY C. FORD LARRY E. WALKER, DEFENDANT NO. 09-2127 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS 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 LEON P. LLER, ESQUIRE E:. JtJi'.'ii1'??,.,+iYYL'NLTn V? ? a.a..:?-. ?•+Yr.e , NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public My Commission --resaAug n8 2010 before etm day of 20 y tk I _ "t i .*I4. co Po A r7-1 ckv 1o819a aa5wl 11o?c??. I?a.?•-°? s ^4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 09-2127 U.S. BANK NATIONAL ASSOCIATION TRUSTEE Total Judgment Amount $118,716.19 FOR THE PENNSYLVANIA HOUSING FINANCE Interest $2,231.22 AGENCY, Per diem of $18.14 to sale PLAINTIFF date 9/2/2009 Late Charges $112.52 VS. $28.13 per month to sale date 9/2/2009 MARY C. FORD Escrow Deficit $1,890.45 LARRY E. WALKER, DEFENDANT(S) TOTAL WRIT $122,950.38 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, September 02, 2009 (PROTHONOTARY'S USE) Pltf. 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 captioned Date: May 20, 2009 Attorney for Plaintiff _ 1719 North Front Street Leon aller Harrisburg, PA 17102 PA I.D. 415700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE SS COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known a 1836 PINE JJOAD NEWVILLE, PA 17241 Date: A, &P I i?uo P THO / LERK CIVIL DIVISION BY DEPUTY CS C?r_ i a:r_ i" Tyr o,Y Mg (1411Y Pli *a4.oo 74.00 '18.50 (4- oo 01-SO pa AT'rY CBF M it $143. 00 - Po Am/ 01.00 D" 0, '60 LL tT* *a5&17 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MARY C. FORD LARRY E. WALKER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-2127 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 1836 PINE ROAD NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): MARY C. FORD 1836 PINE ROAD NEWVILLE, PA 17241 LARRY E. WALKER 1836 PINE ROAD NEWVILLE, PA 17241 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 Patriot Federal Credit Union P. O. Box 778 Chambersburg, PA 17201 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 1 Valley Street Suite 103 Carlisle, PA 17013 w.- Citifinancial, Inc. P. O. BOX 17170 Baltimore, MD 21203 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 TENANVOCCUPANT 1836 PINE ROAD NEWVILLE, PA 17241 (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 sub'ect to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. H A I.D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 20, 2009 T!i{... P :,1 i 2C 119 Pi AY 2 2 P 1-1 21 1- 1, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MARY C. FORD LARRY E. WALKER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-2127 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, September 02, 2009 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: 1836 PINE ROAD NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 09-2127 JUDGMENT AMOUNT $118,716.19 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MARY C. FORD and LARRY E. WALKER 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 tract of land situate in Penn Township, Cumberland County, Pennsylvania, being Lot #2 of a Final Minor Subdivision Plan for Jay L. Richwine, prepared by Rodney Lee Decker & Assoc., L.S., dated March 19, 1986 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 50, Page 55 (erroneously referred to as Plan Book 36, Page 98), bounded and described as follows: BEGINNING at a pin set at the southern dedicated right-of-way line of Pine Road (L.R. 21008) at the dividing line between Lot Nos. 2 and 3 in said Plan; thence along said dedicated right-of-way line, North 70 degrees 39 minutes 30 seconds East, 150.00 feet to a pin; thence along the dividing line between Lot Nos. 1 and 2 on said Plan, South 19 degrees 20 minutes 30 seconds East, 298.73 feet to a pin; thence along the same, South 61. degrees 14 minutes 30 seconds West, 152.05 feet to a pin; thence along the dividing line between Lot Nos. 2 and 3 of said Plan, North 19 degrees 20 minutes 30 seconds West, 323.60 feet to a pin set in the southern dedicated right-of-way line of Pine Road (L.R. 21008), the place of BEGINNING. CONTAINING 1.071 acres exclusive of dedicated right-of-way. UNDER AND SUBJECT to all building and use restrictions and conditions as set forth in Deed Book 269, Page 767. HAVING thereon erected a dwelling known as 1836 Pine Road, Newville, PA 17241. PARCEL NO.: 31-12-0332-009f. BEING THE SAME PREMISES WHICH Julie S. Phillips by deed dated 5/27/05 and recorded 6/1/05 in Cumberland County Record Book 269, Page 767, granted and conveyed unto Larry E. Walker, single man and Mary C. Ford, single woman as joint tenants with the right of survivorship. TO BE SOLD AS THE PROPERTY OF MARY C. FORD AND LARRY E. WALKER ON JUDGMENT NO. 09-2127 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2127 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCAITION, Trustee for THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From MARY C. FORD and LARRY E. WALKER (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 $118,716.19 L.L. $.50 Interest - per diem of $18.14 to 9/02/09 -- $2,231.22 Atty's Comm % Due Prothy $2.00 Atty Paid $193.00 Other Costs: Late Charges: $28.13 per month to 9/02/09 - $112.52 Escrow Deficit: $1,890.45 Plaintiff Paid Date: 5/22/09 let Curtis R. Long, Prothonotary (Seal) ?By_ Deputy 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor US Bank National Association vs. Mary C. Ford tt,~~t~~,. , . . u ~ Case Number 2009-2127 SHERIFF'S RETURN OF SERVICE 06/27/2009 08:56 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 0853 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mary C. Ford and Larry E. Walker, located at, 1836 Pine Road, Newville, Cumberland County, Pennsylvania according to law. 06/27/2009 08:56 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 0853 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Mary C. Ford and Larry E. Walker, by making known unto, Mary C. Ford, personally, at, 1836 Pine Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/27/2009 08:53 AM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 0853 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Mary C. Ford and Larry E. Walker, by making known unto, Larry E. Walker, personally, at, 1836 Pine Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same. 09/01/2009 Property sale postponed to 12/9/2009. 12/09/2009 Real Estate Property sold to Mortgage Company for $ 1.00 on 12/9/09 01/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 9, 2009 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, 211 North Front Street, Harrisburg, PA 17101, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 960.86 SHERIFF COST: $960.86 January 12, 2010 SO ANSWERS i<<' fCONNY R ANDERSON, SHERIFF ~. ~~~ ~ ,~ . uU ,U Y~ ~~ ~ ~~ ~ ~ ~ (.fin ~ ~.~ t „~j t/ _.~ ~l ~~~ ~ t:~+~~ ~~ 1, ~:,7 _ . ;~:. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MARY C. FORD LARRY E. WALKER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-2127 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 1836 PINE ROAD NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): MARY C. FORD 1836 PINE ROAD NEWVILLE, PA 17241 LARRY E. WALKER 1836 PINE ROAD NEWVILLE, PA 17241 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 Patriot Federal Credit Union P. O. Box 778 Chambersburg, PA 17201 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 1 Valley Street Suite 103 Carlisle, PA 17013 Citifinancial, Inc. ' P. O. Box 17170 Baltimore, MD 21203 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 1836 PINE ROAD NEWVILLE, PA 17241 (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. s =' Leon P. Ha A I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 20, 2009 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. MARY C. FORD LARRY E. WALKER, DEFENDANT(S) NO. 09-2127 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, September 02, 2009 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: 1836 PINE ROAD NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 09-2127 JUDGMENT AMOUNT $118,716.19 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MARY C. FORD and LARRY E. WALKER 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 ~' r ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, being Lot #2 of a Final Minor Subdivision Plan for Jay L. Richwine, prepared by Rodney Lee Decker & Assoc., L.S., dated March 19, 1986 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 50, Page 55 (erroneously referred to as Plan Book 36, Page 98}, bounded and described as follows: BEGINNING at a pin set at the southern dedicated right-of--way line of Pine Road (L.R. 21008) at the dividing line between Lot Nos. 2 and 3 in said Plan; thence along said dedicated right-of--way line, North 70 degrees 39 minutes 30 seconds East, 150.00 feet to a pin; thence along the dividing line between Lot Nos. 1 and 2 on said Plan, South 19 degrees 20 minutes 30 seconds East, 298.73 feet to a pin; thence along the same, South 61 degrees 14 minutes 30 seconds West, 152.05 feet to a pin; thence along the dividing line between Lot Nos. 2 and 3 of said Plan, North 19 degrees 20 minutes 30 seconds West, 323.60 feet to a pin set in the southern dedicated right-of--way line of Pine Road (L.R. 21008), the place of BEGINNING. CONTAINING 1.071 acres exclusive of dedicated right-of--way. UNDER AND SUBJECT to all building and use restrictions and conditions as set forth in Deed Book 269, Page 767. HAVING thereon erected a dwelling known as 1836 Pine Road, Newville, PA 17241. PARCEL NO.: 31-12-0332-009f. BEING THE SAME PREMISES WHICH Julie S. Phillips by deed dated 5/27/05 and recorded 6/1/05 in Cumberland County Record Book 269, Page 767, granted and conveyed unto Larry E. Walker, single man and Mary C. Ford, single woman as joint tenants with the right of survivorship. TO BE SOLD AS THE PROPERTY OF MARY C. FORD AND LARRY E. WALKER ON JUDGMENT NO. 09-2127 WRIT OF EXECUTION and/or ATTACHMENT _ -~ COMMONWEALTH OF PENNSYLVANIA) NO 09-2127 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCAITION, Trustee for THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From MARY C. FORD and LARRY E. WALKER (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 $118,716.19 L.L. $.50 Interest -per diem of $18.14 to 9/02/09 -- $2,231.22 Atty's Comm % Due Prothy $2.00 Atty Paid $193.00 Other Costs: Late Charges: $28.13 per month to 9/02/09 -- $112.52 Escrow Deficit: $1,890.45 Plaintiff Paid Date: 5/22/09 '~ Curtis R. Long, Prothono ry . (Seal) B Deputy 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 Supreme Court ID No. 15700 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as, 1836 Pine Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 sy: ~~~~~~~ ~~~~_ ~_ ~:U.~Px~t, ~ ~ ~ ~l~ Real Estate Coor~ina o~ r~~ ~ -~ r~~ ~~ ~~ ~• I, e Patriot-News Co. 812 Market St. ' Harrisburg, PA 17101 Inquiries - 717-255-8213 U1e ~latriot News NOw you know CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07131 /09 ~- 08/07/09 ' ,-- ~WOrn to_and,~ubscribed before is/14- ay~August, 2009 A.D. ~~ Notary Public COWiMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg; Dauphin Courtly MY Commission moires Nou. 26, 2011 Member, Pennsylvania Association of Notaries Sak- No. 37 - Wrf! No. 2009-2127 Clvll Term US Bank National Association ' Trustee for the Pennsylvenla Housing Finance Agency vs. Mary C. Fgrd Larry E. Walker Attyc Leon Heller ALL that certain tract of Iand situate in Penn Township, Cumberland County, Pennsylvania, being Lot #2 of a Final Minor Subdivision Plan for Jay L. Richwine, prepared by Rodney Lee Decker & Assoc., L.5., dated Mareh 19, 1986 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 50, Page SS (erroneously referred to as Plan Book 36, Page 98), bounded and described as follows: BEGINNING at a pin set at the southem dedicated :right-of-way line of Pine Road (L.R. 21008) at tbe dividing line between Lot Nos. 2 and 3 in said Plan; thence along said dedicatedright-of--way line, North 70 degrees 39 minutes 30 seconds East, 150.00 feet to a pin; thence along the dividing line between Lot Nos. 1 and 2 on said Plan, South 19 degrees 20 minutes 30 seconds East, 298.73 feet to a pin; thence along the same, South 61 degrees 14 minutes 30 sewnds West, 152.05 feet to a pin; thence along the dividing line between Lot Nos. 2 and 3 of said Plan, North 19 degrees 20 minutes 30 seconds West, 323.60 feet to a pin set in the southern dedicated right-of-way line of Pine Road (L.R. 21008), the place of BEGINNING. CONTAINING 1.071 acres exclusive of dedicated right-of-way. UNDER AND SUBJECT to all building and use restrictions and conditions as set forth in Deed Book 269, Page 767. HAVING thereon erected a dwelling known as 1836 Pine Road, Newville, PA 17241. PARCEL NO.: 31-12-0332'-009f. BEING THE SAME PREMISES WHICH Julie 5. Phillips by deed dated 5/27/05 and recorded 6/1/05 in Cumberland County Record Book 269, Page 767, granted and conveyed unto Larry E. Walker, single man and Mary C. Ford, single woman as joint tenants with the right of survivorship. TO BE SOLD AS THE PROPERTY OF MARY C. FORS .AND LARRY E. WALKER ON JUDG N0. 09-2127 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: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Marie Coyne, editor SWORN TO AND SUBSCRIBED before me this 7 day of August, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 37 Writ No. 2009-2127 Civil US Bank National Association Trustee for the Pennsylvania Housing Finance Agency vs. Mary C. Ford Larry E. Walker Atty.: Leon Haller ALL that certain tract of land situ- ate in Penn Township, Cumberland County, Pennsylvania, being Lot #2 of a Final Minor Subdivision Plan for Jay L. Richwine, prepared by Rodney Lee Decker & Assoc., L.S., dated March 19, 1986 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 50, Page 55 (erroneously referred to as Plan Book 36, Page 98), bounded and described as follows: BEGINNING at a pin set at the southern dedicated right-of-way line of Pine Road (L. R. 21008) at the dividing line between Lot Nos. 2 and 3 in said Plan; thence along said dedicated right-of-way line, North 70 degrees 39 minutes 30 seconds East, 150.00 feet to a pin; thence along the dividing line between Lot Nos. 1 and 2 on said Plan, South 19 degrees 20 minutes 30 seconds East, 298.73 feet to a pin; thence along the same, South 61 degrees 14 minutes 30 seconds West, 152.05 feet to a pin; thence along the dividing line between Lot Nos. 2 and 3 of said Plan, North 19 degrees 20 minutes 30 seconds West, 323.60 feet to a pin set in the southern dedicated right- of-way line of Pine Road (L.R. 21008), the place of BEGINNING. CONTAINING 1.071 acres exclu- sive of dedicated right-of-way. UNDER AND SUBJECT to all building and use restrictions and conditions as set forth in Deed Book 269, Page 767. HAVING thereon erected a dwell- ing known as 1836 Pine Road, Newville, PA 17241. PARCEL NO.: 31-12-0332-009f. BEING THE SAME PREMISES WHICH Julie S. Phillips by deed dated 5 / 27 / 05 and recorded 6 / 1 / 05 in Cumberland County Record Book 269, Page 767, granted and conveyed unto Larry E. Walker, single man and Mary C. Ford, single woman as joint tenants with the right of sur- vivorship. TO BE SOLD AS THE PROPERTY OF MARY C. FORD AND LARRY E. WALKER ON JUDGMENT NO. 09- 2127. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which PENNSYLVANIA HOUSING FINANCE AGENCY TR is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 22ND day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 2127, at the suit of PENNSYLVANIA HOUSING FINANCE AGENCY TR against MARY C FORD & LARRY E WALKER is duly recorded as Instrument Number 201001605. IN TESTIMONY WHEREOF, I have hereunto set my hand and~eal of said office this C~d day of A.D.~ of Deeds