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HomeMy WebLinkAbout09-2160 BELCO COMMUNITY CREDIT UNION Plaintiff JEREMY A. HARING ALISON M. HARING Defendants COURT OF COMMON PLE S CUMBERLAND COUNTY, PENNSYLVANIA NO.: OQ-o2(LSD Cwit term MORTGAGE FORECLOSURE N 0 T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint an Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a',judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SETT FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS FFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES T AT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE 0 NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea las demandas que se presentan mas adelante en 1, paginas, debe tomar accion dentro de los proximos vej DESPUES DE LA NOTIFACION DE ESTA Demanda y Av= personalmente o por medio de un abogado una comparec y radicando en la Corte por escrito sus defenses de, a, las demandas presentadas aqui en contra suya. S de que si usted falla de tomar accion como anteriormente, el caso puede proceder sin usted y cualquier suma de dinero reclamada en la demanda o c reclamacion o remedio solicitado por el demandan dictado en contra suya por la Corte sin mas avi Usted puede perder dinero o propiedad u otros derechc para usted. defenderse de s siguientes me (20) DIAS so radicando encia escrita y objecciones le advierte se describe un fallo por ualquier otra e puede ser o adicional. s importantes USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDI TAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUI NTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE OMO DONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFOR CTION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Legal Services, 8 Irvine Row Carlisle, Pennsylvania Inc. 17013 (717) 243-9400 If this is the First Notice that you have received from this office, be advised that: PURSUANT to the Fair Debt Collection Practices Act 15 U.S.C Section 1692 et seq. (1977) Defendant(s) may dispute': the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, counsel for Plaintiff will obtain and provide defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, counsel for plaintiff will send defendant(s) the name and address of the original creditor, if different from above. The law does not require us to wait until the end Of the thirty (30) day period following first contact with you bef re suing you to collect this debt. Even though the law provides that your answer to this complaint is to be filed in this action within twenty (20) days, you may obtain an extension o that time. Furthermore, no request will be made to the court for a judgment until the expiration of thirty (30) days after you ?ave received this complaint. However, if you request proof of th debt or the name and address of the original creditor within the thirty (30) day period that begins upon your receipt of this complaint, the law requires us to cease our efforts (through litigation or otherwise) to collect the debt until we mail he requested information to you. You should consult an attorney for advice concerning your right and obligations in this suit. If you have filed bankruptcy and received a dischargel, this is not an attempt to collect a debt. It is an action to e?force a lien on real estate. i This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. BELCO COMMUNITY CREDIT UNION Plaintiff VS. JEREMY A. HARING •. ALISON M. HARING Defendants COMPLAINT COURT OF COMMC CUMBERLAND COU PENNSYLVANIA NO.. 0 9- ? 160 MORTGAGE FOREC PLEAS Y, ?? -i vN.. URE 1. Plaintiff is Belco Community Credit Union, Pennsylvania corporation with an address at 449 Eisenhower Blvd., Harrisburg, PA 17111. 2. Jeremy A. Haring, a Defendant and Mortgagor, is an adult individual with an address of 627 Brisbain Lane, Enola, Cumberland County, PA 17025. 3. Alison M. Haring, a Defendant and Mortgagorsi is an adult individual with an address of 627 Brisbain' Lane, Enola, Cumberland County, PA 17025. 3. On or about November 21, 2006, Mortgagors 1, executed and delivered a Note in the sum of $140,000.00, pa able to Belco Community Credit Union, a copy of which is at ached hereto, marked Exhibit "A" and made a part hereof. 4. Contemporaneously with and at the time of the execution of the aforesaid Note, in order to secure payment ',of the same, Defendants executed and delivered to Belco Community Credit Union, a certain real estate Mortgage which is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania Book No. 975 Page 1722, conveying the subject premises to Plaintiff, which mortgage is incorporated herein by reference. 5. The land subject to the Mortgage contains 1 tract. That tract is situated in the Township of East Pennsbo o, County of Cumberland, Pennsylvania and is more particularly described in Exhibit "B" attached hereto and made a part hereof, and is known and numbered as 627 Brisbain Lane, Enola, PA 17025. 6. Mortgagors are the real owners of the land subject to the Mortgage. 7. The mortgage is in default because defendants owe a partial payment of $511.80 for the October 3, 2008 payment, and the full bi-weekly payment of $658.60 for October 1 2008 and all bi-weekly payments thereafter. (a) Unpaid principal to February 24, 2009 $1321,615.80 (b) Late Fees ' 32.93 (c) Interest to September 2, 2009 $0,260.50 (d) Mortgage Satisfaction 100.00 (e) Attorney's Commission 5% + 61,630.79 $145640.02 Total Amount Due $145,1640.02 together with interest at the per diem rate of ($32.95 per day after February 24, 2009, and other charges andlcosts to date of Sheriff's Sale. I 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. Mortgagors are not members of the Armed Forceslof the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. Notice of intention to foreclose and to accel rate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. Plaintiff has also complied with the procedures required by Pennsylvania Ac 91 of 1983 (Homeowners' Emergency Mortgage Assistance Pa ents Program) and Defendants have either failed to meet the t'me limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. 'A copy of the notice is attached hereto, marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment against t e Defendants, Jeremy A. Haring & Alison M. Haring in the amou t of $145,640.02, together with interest at the per diem rate of $32.95 after February 24, 2009, other charges and costs incidental thereto to the date of Sheriff's Sale and judgment against the Defendants and for foreclosure and sale of the property within described. Date: J Arthur M. Feld Attorney I.D. No.107172 1309 Bridge Stree New Cumberland, P? 17070 (717) 770-0292 Attorney for Plaintiff NOTE AND FEDERAL DISCLOSURE STATEMENT ("Agreement") Belco Community Credit Union FOR LOANS SECURED BY REAL ESTATE - FIXED RATE 403 N. 2nd Street You promise to pay the amount borrowed, plus interest, other permitted charges and fees to the order of Belco Community Credit Union (lender) or assignee, according to the terms of this Agreement (including those Harrisburg, PA 17101 set forth in the Federal Truth-in-Lending Disclosure). Numbers, phrases or words preceded by a ? are (717) 232-3526 applicable only if the E] is marked, e.g. j- -N. . Fax (717) 720-6214 In this Agreement the use of the words "Credit Union", "We", "Us", and "Our" mean Belco Community Credit Union. The Borrower(s) and any Co-Signer(s) of the ,Agreement, individually and collectively, are sometimes referred to as "You" or "Your". (e) means an estimate, (n/a) means not applicable. oot row erts/ JEREMY A HARING ALISON M HARING ANNUAL PERCENTAGE RATE FINANCE CHARGE The dollar amount the AMOUNT FINANCED i TOTAL OF PAYMENTS The amount of credit provided to I The amount You will have paid -?Da-fe ---- --- he cost of Your credit as a yearly rate. credit will cost You. You or on Your behalf. when You have made all j scheduled payments. 11/21/2006 I ccoun um r 9.045 % $ $116,850.99 $ $140,000.00 is $256,850.99 174860-L4 Your payment schedule will be: -- ------- - ------ _._._-?_.-_- _-_.-_.. .. N umber of Payments Amount of Payments When Payments Are ue J 389 $658.60 12/2212006 1 $655.59 11/19/20211 Discourrted Rate Your Interest Rate has been discounted by .25 percentage points because You have agreed to ave Your payments made by automatic t- f ans r er from Your share or share draft account with Us and Your loan-to-value ratio is 80% or less. If automatic tran far of Your payments is ever cancelled, Your Interest Rate will immediately increase by 0.25 percentage points. An increase in the Interest Rate will result in an increase in the amount of Your scheduled payments. For example, if Your loan is for $10,000 at 4.00% for 60 months and Your interest rate incr ases to 4.25% after one month Your , payment would increase from $184.15 to $185.28 after 1 month. Security: You are giving Us as security a Deed of Trust/Mortgage on Real Property commonly known as: 627 BRISBAIN LANE ENOLA, PA 17025 Other fees: Filing fee $ 44.50 Non-filing insurance $ $0.00 Property Insurance: You may obtain property insurance from anyone You want that is acceptable to Us. Prepayment: If You pay off early, You will not have to pay a penalty and You will not be entitled to a refund of part of the Finance Charge. Late Charge: If Your payment is more than 15 days late, You will be charged 5% of the payment due. Assumabiiity: Your loan is not assumable. Itemization of the Amount Financed: You have the right to receive at this time an Itemization of the Amount Financed. Initial here if You would like an Itemization. See Your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and , prepayment refunds and penalties. a means an estimate This is a fixed rate loan with a Simple Interest Rate of .-__9.07 % NOTE SECURED BY REAL PROPERTY TERMS OF REPAYMENT: To repay Your loan, You jointly and severally, promise to pay Us or to Our order, ONE HUNDRED AND FORTY THOUSAND AND 001100 Dollars ($ plus interest at a rate calculated according to this Agreement, and any other charges and fees due under the term: of the United States. You will pay this sum, at Our office, as set forth in the payment schedule < on 12/22/2006 . You understand that each payment is applied first to Late Charges, then to Interest, if If more than one person signs this Agreement, (a) the term Borrower(s) whenever used will mean each person si them, and all obligations of Borrower(s) hereunder will be jointly and severally binding upon such persons, (b) We the loan to or upon the instructions of any Borrower, and (c) any notice from Us to any person signing this Agre given to such person if given to any Borrower selected by Us. THIS AGREEMENT INCLUDES THE PARAGRAPHS ON THE SEPARATE PAGE TITLED "ADDITIONAL PROVISION TERMS AND CONDITIONS OF A DEED OF TRUST/MORTGAGE WHICH ARE HEREBY INCORPORATED HEREIN BY 11 41 ? 11/21/2006 BORROWER JEREMY A HARING DATE ^ 11/2112006 BORROWER . ? Owner of Collateral (other than Borrower) DATE ALISON M HARING Copyright Oak Tree Business Systems, Inc., 2004. All Rights Reserved. Page 1 of 2 10,000.00 ) (principal), of this Agreement, in lawful money love. Your first payment is due ny, then to principal. ing below as a Borrower and all of ay disburse any of the proceeds of lent, will be deemed to have been OF LOAN AGREEMENT" AND THE DATE ,9/6 AI t/ l r• DATE WITNESS OTBS 122 BELC (4/04) ADDITIONAL PROVISIONS OF LOAN AGREEMENT LIABILITY OF PARTIES. Each person who signs this Agreement as a Borrower agrees to be individually and jointly obligated to pay Your loan in accordance with the terms and conditions of this Agreement. Any person who signs this Agreement and checks the box preceding "Owner of Collateral (other than Borrower)" does so voluntarily and solely to grant a Deed of Trust/Mortgage In the Real Property identified in this Agreement, but is not personally liable for any indebtedness created by this Agreement. 2• INTEREST. Interest will be charged on the unpaid balance of Your loan at the Simple Interest Rate in this Agreement until Your balance is paid in full. Any payment may be made early without penalty, and any early payments will have the result of red cing the total amount of interest paid. Any payment made afer the due date will have the result of increasing the total amount of interest paid. 3. PAYMENTS. Your payments are to be made according to the Payment Schedule in this Agreement. Any Jartial prepayment of Your loan will not delay Your next scheduled due date. If, when You pay Your last scheduled payment, the amount You pa exceeds Your loan balance, then You give the Credit Union permission to deposit the excess to Your share account. 4. COLLATERAL The Credit Union has been granted a Deed of Trust/Mortgage on the Collateral designated in this Agreement (the subject matter of such a deed or lien is referred to as "Collateral" in this Agreement). Your loan is also secured by an proceeds of the Collateral, insurance proceeds, any insurance premium refunds, and by an assignment of rents. Except for the Credit Union's d ed or lien, the Collateral is owned free and clear from any adverse claim, security interest or encumbrance other than as now disclosed to the Cr dit Union. The Collateral shall be kept in good repair. The Collateral shall not be used for any unlawful purpose. The Credit Union shall receive he full cooperation of the Borrower or Owner in obtaining everything that We require to place and/or maintain Our deed in and/or lien on the Co lateral. The Credit Union may examine and inspect the Collateral at any time. All taxes or assessments on the Collateral shall be paid as they come due, and if not paid, the Credit Union may pay them and shall be entitled to reimbursement or, alternatively, to add any amount so pad to the unpaid balance of Your loan subject to the applicable interest rate. S. PROPERTY INSURANCE You promise to maintain property, fire, and flood insurance (if needed) in an a ount that is the lesser of the unpaid balance owed under this Agreement or the replacement cost of the improvements, with the Credit Union amed as mortgagee for its protection. Such insurance shall protect against loss by fire and other standard perils. You may provide the required roperty insurance through an existing policy or by a policy You independently obtain and pay for from a person of Your own choosing, providin such person is reasonably acceptable to the Credit Union. You agree to deliver satisfactory evidence of the insurance policy to Us within any t) a period specified in any notice from Us or on Our behalf. If You do not get or keep this insurance, the Credit Union may, at its sole option, obt in insurance to protect its interest and add its costs to Your loan and You agree to pay for it. The Credit Union is under no obligation to obtain nsurance on Your behalf. If the Credit Union does obtain insurance, the cost of obtaining that insurance may be added to Your loan balance, sub' ct to the applicable interest rate. The Credit Union has the authority to obtain, adjust, settle or cancel insurance and may endorse any party's na a on any draft. s DEFAULT. Your loan shall be in default if any of the following things occur: (a) You do not make any pa ment or perform any obligation under this Agreement or any other agreement that You may have with the Credit Union; or (b) You have made false or misleading statement in Your credit application and/or in Your representations to the Credit Union while You owe money on this loan; r (c) You should die, or be involved in any insolvency, receivership or custodial proceeding brought by or against You; and/or (d) the Credit Uni n should, in good faith, believe Your ability to repay Your indebtedness hereunder is or soon will be impaired, time being of the very essence. Upon any occurrence of default, and to the extent permitted by law, We may declare the entire balan a of Your loan immediately due and payable, and You understand that interest will continue to accrue at the Simple Interest Rate shown in t is Agreement. If the entire balance is not then paid immediately upon default, the Credit Union may exercise any or all of its rights available a law or equity, or as specified in the Deed of Trust/Mortgage. To the extent permitted by law, the Credit Union shall be reimbursed for all of its costs and expenses, including reasonable attorney fees, incurred in the course of collecting any amounts owed under this Agreement o in exercising its rights related to the Collateral. As permitted by law, the Credit Union shall have the right to impress and enforce a statutory lien upon the shares and dividends of any person indebted to it, and We may enforce Our right to do so without further notice to You. Additional y, You agree that We may set-off any mutual indebtedness. DELAY IN ENFORCEMENT. We do not lose Our rights under this or any related agreement if We delay enforcing them. We can accept late payments, partial payments, or any other payments, even if they are marked "paid in full" without losing any of Our rights under this Agreement. If any provision of this or any related agreement is determined to be unenforceable or invalid, II other provisions remain in full force and effect. S. DEED OF TRUST/MORTGAGE See the Deed of Trust/Mortgage for additional terms. GOVERNING LAW. You understand and agree that this Agreement will be governed by the laws of the C mmonwealth of Pennsylvania, except to the extent that the laws of the state where the security property is located governs Real Property righ s and except to the extent that such laws are inconsistent with controlling federal law. Copyright Oak Tree Business Systems, Inc., 2004. All Rights Reserved. Page 2 of 2 OTBS 122 BELC (4104) SCUDULE "A" ALL THAT CERTAIN lot place, parcel or tract of land situated in East P Township, Cumberland County, Pennsylvania, known and designated as L Final Subdivision Plan for Westwood Hills Phase V, as recorded in Cumbi courthouse in Plan Book 87, Page 9, in which it is more fully bounded and follows, to wit: Decd dated February 2, 2004 and Recorded February 11, 2 261, Page 3168. Tax Parcel No. 09-12-2992-284. 'his r PA -'cerlanc COuntY • 1? YJ Fj ?ce?is cr of I #41 on the end County ;scribed as 3 in Book f)7( ? ACT 9 1 NOTICE Date: 02/26/2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official. notice that the mortgage on your home is in default and the I nd? r intends to f reclose Specific Information about the nature of the default s provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI max be able tb help to save your home This Notice explains how the program works To see i H M c help, you must MEET WITH A CONSUMER CREDIT C UNSL ING AGENCY WITHIN 30 DA F T DATE OF THIS NOTICE. _T Ake this notice with u when o meet w` i h the u li Agency The am addrgss and one umber of Consumer Credit ounseli Agencies rvi , listed at the en of this If you have a questions, you may cal-1-0 e Penns Ivania Hou 'n Fin n e Aciency t re a 1-800- 342-2397, (Persons with impaired hearing can call (717) 780-18891 This Notice contains important legal information. If you have any questions, epresentatives at the Consumer Credit Counseling Agency may be able to help explain it. You may [ so want to contact -an attorney in your area. The local bar association may be able to help yo find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DER CHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARG S AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMAD "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDID DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JEREMY A. & ALTS N M. HARING PROPERTY ADDRESS: 627 BRISBAIN P , , LOAN ACCT. NO.: -174860-L4 ORIGINAL LENDER: BELCO COMMUNITY'q xtDiT UNION CURRENT LENDER/SERVICER: BELCO COMMUNITY UNION HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRO RAM YOU MAY ELIGIBLE R FINANCIAL ASSISTANCE WHICH CAN SAVE Y UR HOME FROM FORECLOSURE AND HELP YOU MAK FUTURE MORTGAGE PAY MENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTG GE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTR L. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGA E PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVA IA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary sta of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this- Notice. THIS HIN THE NgXT DAYS. APPLY TO DATE. THE PART OF THIS NOTICE CALLED ,"HOW TO CURE YOUR MORTGAGE D I -r" 1:XPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.-- CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer cr dit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. ] addresses and telephone numbers of designated consumer credit counseling aaencloQ fnr th county in property which the . located are set forth at the end of this Notice. It is only necessary to schedule one face-to- f ce meeting. Advise your tender immediatefv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's mergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Ass istance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. my consumer credit counseling agencies have applications for the program and they will assist you in submitting a complet e application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) day of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO OT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. The y will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agen c has sixty (60) days to make a decision after it receives your application. During that time, no 'foreclosure proceedings will be pursued against you if you have mn+ +k +imn rnn„irn rr.nr.M r...+ i., r+L. ., kn..n Vn.. ...ill M., r...+7i; ...,1 .J;.., ?a1.. L.. IL_ r'_ _ . .. ... . .. _ -I_ ... .... ... ..... ... .. .. ... .. .. .... ........ .a..vv .; v, -_ . _,.-y,-- .,V -,1J. , ,I,QIII.G Ply clll.ry VI IlJ decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION Its BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgag Assistance.) W T CURE YOUR MQRTGAGE_ EFA LT Wring i u It t NATURE OF THE DEFAULT 6T n AWELM held by thePabg1vf01lygder on your property, ENO , e. located at,. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and past due: ARTIAL BI-WEEKLY PAYMENT IN THE AMOUNT OF $511.80 DUE FOR 10/3/200 lthe following amounts are now 8 AND FULL BI-WEEKLY PAYMENTS DUE FOR , 10/31, 11/14, 11128 ? 2/12, , 1/99, 1723, 4 Other charges (explain/itemize): AND 2/20/2009 LATE CHARGES OF ?3 -93 TOTAL AMOUNT PAST DUE $7130.73 b. YUU HAVL l-AILLU IU [AKE IHE kULLUWING ACTION (Qo not use if not applicable): HI=KAA Q- r. Henn 1 7104 r`, / - _ `c/1 - HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 7130.73 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ARTHUR M. FELD, ESQUIRE 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 You can cure any other default by taking the following action within THIRTY (30) DAYS of the dat applicable.) e of this letter. (Do not use if not IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of he date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outs a nding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly insta I ments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sher f f to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begi s legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually ncurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you r h default within h THIRTY AY period. you i not be required t r ' M. __ OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default ithin the THIRTY (30) DAY period and foreclosure proceedings have begun, right you still have the b f h Sh iff' Sal Y d b i h I e ore 1 e er s e, oW may o so y pay ng t e total amount then 12ast due. plUs a late or other r reasonable with the I sale and any other costs A onnected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the . Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It ids estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately months from the date of this Not[ce. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure.the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: BELCO COMMUNITY CREDIT UNION Address: 449 EISENHOWER BLVD. HARRISBURG, PA 17111 Phone Number: 717-720-6423 Fax Number: 717-720-6257 Contact Person: HELEN LORWEY EFFECT OF SHERIFF'S SALE-Yoii should realize that a Sheriff's Sale will end your ownershi of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to emove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or may not (CHECK ONE) sell or tr nsfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, c arges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisf ied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT 0 TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT H D OCCURRED IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MOR , THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT W ANY FORECLOSURE PROCEED1 t G OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE=FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCC OF WES RN PA 2000 LING IESTOWN ROAD HARRISBURG PA 17102 888-511-2227 888-511-2227 LOVESHIP, INC. MARANA HA 2320 NORTH 5TH STREET 3 PHI- HARRISBURG, PA 17110 WAYNES 0 0, PA 17Z68 717-232-2207 717-76?-3285 i 0 CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE VERIFICATION states subjec penalties o t/18 Pa C.S.Section 4904 relating to u falsification to authorities, that he/she is the Z09 Are /&7 b'? 5®ediff1S-(- for the Plain this matter, that he/she is authorized to make th] affidavit on its behalf and that the facts set fo: foregoing pleading is true and correct to the bes' his/her knowledge, information and belief. to the .sworn :iff in .s :th in the : of 1.3311o 9 O RLWTM OF T PRO THMTARY 1009 APR - 6 PH 2: 51 i f 1 yF WSF 4VA YfF] '?g• 5o PD e Sheriffs Office of Cumberland County R Thomas Kline g''t° Solicitor Sheriff' G. s fig a?, Ronny R Anderson Jody S Smith OFVICE OF SHERIFF Civil Process Sergeant Chief Deputy SHERIFF'S RETURN OF SERVICE 04/13/2009 03:27 PM - Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2009 at 1527 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alison Haring, by making known unto Alison Haring personally, at 519 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/29/2009 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: Jeremy A. Haring, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jeremy A. Haring. Per the Enola Postmaster the mail is delivered to the defendants address of 627 Brisbain Lane Enola, Cumberland County, Pennsylvania 17025. The defendants parents Sandy and Ed Conngre said the defendant is living with his girlfriend at 1050 E. Main Street Annville, Pennsylvania. His cell phone number is 717-319-8741. SHERIFF COST: $81.82 SO ANSWERS, April 30, 2009 R THOMAS KLINE, SHERIFF 2009-2160 Belco Community Credit Union VS Jeremy A. Haring By 27'0?ze?l 77E)Kp'P`eriff n ? l . L"A • BELCO COMMUNITY CREDIT UNION Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO-: 2009-2160 CIVIL ACTION LAW JEREMY A. HARING ALISON M. HARING Defendants PRAECIPE TO REINSTATE Please reinstate the Complaint against the Defendants in the above captioned matter and serve Jeremy A. Haring only at 1050 E. Main Street, Annville, Lebanon County, PA. To Prothonotary Date: May 7, 2009 0- V, v 4 ? Arthur M. Feld 1309 Bridge Street New Cumberland, PA 17070 ID# 07172 Q OF H OfiARY 2009 pA Y -g PM 1:45 CU O w I o • oo Po A TTY/ Ck * yloyq 1 BELCO COMMUNITY CREDIT UNION Plaintiff vs JEREMY A. HARING ALISON M. HARING Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No.2009-2160 MORTGAGE FORECLOSURE CIVIL ACTION - LAW Please enter judgment in favor of Plaintiff and against Defendant/s, Jeremy A. Haring 1050 East Main Street, Annville, PA 17003 and Alison M. Haring, 519 Francis Drive, Mechanicsburg, PA 17055 for failure to plead to the Complaint within twenty days from service thereof. I hereby certify that a Default Notice required by the Pennsylvania Rules of Civil Procedure was sent to Jeremy A. Haring ~ Alison M. Haring, copies of which are attached hereto. Assess damages as follows: Unpaid principal balance of $132,615.80 together with interest to September 2, 2009 in the amount of $6260.50 and late charges of $32.93, and attorney commission at 50 being $6630.79 all totaling $145,640.02 with interest after September 2, 2009 at the per diem rate of $32.95, and all other charges and costs incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. To Prothonotary June 22, 2009 Attorney for Plaintiff Attorney I.D. No. 07172 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070-1116 (717) 770-0292 BELCO COMMUNITY CREDIT UNION COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO.: 2009-2160 JEREMY A. HARING ALISON M. HARING CIVIL ACTION - LAW Defendants IMPORTANT NOTICE To: JEREMY A. HARING DATE OF NOTICE: June 8, 2009 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 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 ~ ~.~ Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 I.D. No. #07172 BELOO COMMUNITY CREDIT UNION COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO.: 2009-2160 JEREMY A. HARING ALISON M. HARING CIVIL ACTION - LAW Defendants IMPORTANT NOTICE To: ALISON M. HARING DATE OF NOTICE: June 8, 2009 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 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Legal Services, Inc. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Lei _ \ ~l/l. r ~J~"`~ Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 (717) 770-0292 I.D. No. #07172 BELCO COMMUNITY CREDIT UNION Plaintiff vs. JEREMY A. HARING ALISON M. HARING Defendants JEREMY A. HARING 1050 EAST MAIN STREET ANNVILLE, PA 17003 ALISON M. HARING 519 FRANCIS DRIVE MECHANICSBURG, PA 17055 BELCO COMMUNITY CREDIT UNION 449 EISENHOWER BLVD. HARRISBURG, PA 17111 GMAC MORTGAGE, LLC. 3451 HAMMOND AVENUE WATERLOO, IA 50702 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA N0.2009 2160 MORTGAGE FORECLOSURE CIVIL ACTION-LAW PA DEPARTMENT OF PUBLIC WELFARE- BUREAU OF CHILD SUPPORT ENFORCEMENT HEALTH AND WELFARE BLDG.-ROOM 432 HARRISBURG, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 N. HANOVER STREET CARLISLE, PA 17013 PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE DEPARTMENT 280948 HARRISBURG, PA 17128 NOTICE TS HEREBY GIVEN to the Defendants 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 being tified of the said Sheriff's Sale. By : ~. ~ . Arthur M. Feld Attorney I.D. No. 07172 Attorney for Plaintiff 1309 Bridge St. New Cumberland, PA 17070-1116 FI~.F~ ~,;,~~,rc 2009 J~~. -6 Pty i2~ ~ ~ ~ (~}.oo ~~ A~ -(,(~~' 4loB 5(0 axe aa~9 9 ~~, ~,lo~ BELCO COMMUNITY CREDIT UNION Plaintiff vs. JEREMY A. HARING ALISON M. HARING Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 2009-2160 MORTGAGE FORECLOSURE To JEREMY A. HARING & ALISON M. HARING Defendant/s You are hereby notified that on JULY 2009, the following judgment has been entered against you. DEFAULT JUDGMENT IN THE AMOUNT OF $145,640.02 TOGETHER WITH INTEREST AT THE PER DIEM RATE OF $32.95 PER DAY AFTER SEPTEMBER 2, 2009, OTHER CHARGES AND COSTS INCIDENTAL THERETO TO THE DATE OF SHERIFF'S SALE AND JUDGMENT AGAINST DEFENDANT AND FOR FORECLOSURE AND SALE OF THE PROPERTY AT 627 BRISBAIN LANE, ENOLA, PA 17025. Date: JULY lob' , 2009 Prothonotary I hereby certify that the name and address of the proper person/s to receive this notice is: JEREMY A. HARING 1050 E. MAIN STREET ANNVILLE, PA 17003 ALISON M. HARING 519 FRANCIS DRIVE MECHANISCBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BELCO COMMUNITY CREDIT Writ No. 2009-2160 UNION (To be completed by Attorney) Principal Balance $132,615.80 Plaintiff Interest to 09/02/2009 $6,260.50 Interest from 09/2/2009 to 12/09/2009 $3,229.10 vs. Late Charges $ 32.93 Mortgage Satisfaction $100.00 Attorney Commission $6,630.79 Costs: JEREMY A. HARING (TO BE COMPLETED BY PROTHONOTARY) ALISON M. HARING Plaintiff Attorney Defendants Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issu Writ of Execution in the above Toned case.. DATE : '~ Z S i n V~ ~~ g ature : ~ y Print Name: Arthur M. Feld Address: 1309 Bridge Street New Cumberland, PA 17070 'Attorney for: Plaintiff Telephone: 717-770-0292 Supreme Court ID No. 07172 WRIT OF EXECUTION - MORTGAGE FORECLOSURE 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. DATE: PROTHONOTARY BY: 2004 JUL -b ~ !2~ ~ ~ ~r.-., rrc t,! ~`~I",i i ~~t;W~ Y'~t.,.x. vl~~1 .~d~ .00 Pp AT'1'`il S1.8o't L'BF ?8.50 •~ lo. oo •• I~.oo ~~ a.S© ~~ ~aio.8a- pA arM ~a.oo cuE eo ~ •5o u. Cam" ~f (08 5(0 QT'S ~E Writ' o-Q BELCO COMMUNITY CREDIT UNION vs. JEREMY A. HARING ALISON M. HARING Defendan Plaintiff C~ C '~ s. t s rr tr° r : ~ r..' ,, AFFIDAVIT OF MAILING ~;; ':~ ,;,,, <- o c_. ,~ I, Arthur M. Feld, attorney ,for Plaintiff, do her; v i that I have sent the attached notice and affidavit ~~~ ~i o which are attached hereto), to the mortgagees, judgment c ditbrs the defendants, terre-tenant(s) and others listed below noti~yin%~ them of the sheriff sale of real estate in the above captioned action. Said notice has been sent certified mail, return receipt requested, on July '~., 2009 to the address listed on the copy attached hereto. (1) JEREMY A. HARING (2) ALISON M. HARING (3) BELCO COMMUNITY CREDIT UNION (4) GMAC MORTGAGE, LLC. (5) PA DEPARTMENT OF WELFARE-BUREAU OF CHILD SUPPORT ENFORCEMENT (6) DOMESTIC RELATIONS OF CUMBERLAND COUNTY (7) PA DEPARTMENT OF REVENUE The foregoing information is true and correct to the best of my personal knowledge, information, and belief, and is made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. -V~i Arthur M. Feld, Esquire Attorney for Plaintiff 1309 Bridge Street New Cumberland, PA 17070-1116 (717) 770-0292 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009 2160 MORTGAGE FORECLOSURE CIVIL ACTION - LAW U.S. Postal Service,., ' CERTIFIED MAIL,., RECEIPT (Domestic Mail Onfy; No Insurance Coverage Provided) Fnr .isu..,.... ._ _____.. _ p ~ 09~[ p Certified Fee p p Return Receipt ~ Postmark (Endorsement Requked) , ~ ~ flare p Restricted Dalhrery Fee p (Endorsement RegWred) ~'J r-i , rJ p Total Postage & Fees $ r ~~ ..~ p v N O ut u7 u7 p rl p C] p p p ri O ...[~ Clfy, State, `~ f :r r CERTIFIEC ~ Certified Fee ~ , Q ~/ ~ V Postmark ~ Return Receipt Fee (Endorsement Required) ~ Here Restricted Delivery Fe9 ~ ('~ (Endoreemem Required) e/ ~ _ Total Postage & Fees ~ S ~ r ~ sent o 9 R! ,; or PO BoxNa-- -- ---1~--1~-`3"`-~t~ d ~~~~... ~r1/(C city, ~ar~ zaP+ ---------------------------=------- S~ur ~~ 17/ r-~ `` ~:. ~v o Certlfled Fee ~ Return Reoelpt Fee r~ Postmark (Endorsement Required) pL - ~ Q H~ O Restricted Delvery Fee O (Endorsement Requ,red) r~ O Total Postage g Fees ..0 o enr o~ A'.f~k --Qf ~ ercu ~- ~ ;apt ~:-~-~-~Q=-,~~, -- rr~-------- ~- /~//~ rr .~ m ~ ~ ~ ..U ~• • ~ ..- . .•. u'7 ~ _ u7 p ~ Postage S p Certified Fee `` ~.~a ~ Postmark p Return Receipt Fee (Endowernent Required) ~. ~ Here p ResMcted Delhrery Fee ~~~ p (Endorsemem Required) ?/ rR ~ Total Postage ~ Fees ~ ~r .~ - - ---- .. o<f~~>~. _ __ _ City,- P+%i ~~ - + ~ ~ ~~ :~ ~ ` rr ---------- - ~_..--------, ~gyxogCd~o ~ui~ ~~ p o Jue p ~ $ seed ~ etfetsod IElol p Z (P~In~a wewBeuoPu3) p eej +Srenl1®0 Pe3ol~ek3 p LJ ~~ (~ ~ ~ ~ (Pe4~a tuewesropu3) p fl+ewisod sej ldlaasH wn~a p eej petiflieD p I g eBetsod ~, p f~'I In D"' w Y C7 a M1 O ~ (Endo s~err~ a (Etm r-~ ~ Totei Poi ..t] D nt- o t O h- ~figai 3iir U.S. Postal Servicel~n CERTIFIED MAIL., RECEIPT -. {Domestic Mar! On/y; No Insurance Coverage Provided! X009 .~~lL -6 ~~~i !2~ 5 ~ r~~' r.~.s_~1~r~^ ~,4 dt tit,t t !`yi ~:3r i BELCO COMMUNITY CREDIT UNION Plaintiff vs. JEREMY A. HARING ALISON M. HARING COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA N0: 2009 2160 CIVIL ACTION - LAW Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 BELCO COMMUNITY CREDIT UNION, Plaintiff in the above captioned action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 627 Brisbain Lane, Enola, PA 17025 more specifically described in Exhibit "A", attached hereto. 1. Name and address of Owner(s) or reputed owner(s): Address (if address cannot be reasonably ascertained, please so indicate) JEREMY A. HARING 1050 EAST MAIN STREET ANNVILLE, PA 17003 ALISON M. HARING 519 FRANCIS DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant (s) in the Judgment: Address (if address cannot be reasonably ascertained, please so indicate) JEREMY A. HARING 1050 EAST MAIN STREET ANNVILLE, PA 17003 ALISON M. HARING 519 FRANCIS DRIVE MECHANICSBURG, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please so indicate) BELCO COMMUNITY CREDIT UNION 449 EISENHOWER BLVD. HARRISBURG, PA 17111 GMAC MORTGAGE, LLC. 3451 HAMMOND AVENUE WATERLOO, IA 50702 4. Name and address of the last recorded holder of every mortgage of record: Address (if address cannot be reasonably ascertained, please so indicate) BELCO COMMUNITY CREDIT UNION 449 EISENHOWER BLVD. HARRISBURG, PA 17111 GMAC MORTGAGE, LLC. 3451 HAMMOND AVENUE WATERLOO, IA 50702 5. Name and address of every other person who has any record lien on the property: Address (if address cannot be reasonably ascertained, please so indicate) BELCO COMMUNITY CREDIT UNION 449 EISENHOWER BLVD. HARRISBURG, PA 17111 GMAC MORTGAGE, LLC. 3451 HAMMOND AVENUE WATERLOO, IA 50702 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: Address (if address cannot be reasonably ascertained, please so indicate) Those named in Paragraphs 3, 4 and 5 above. PA DEPARTMENT OF PUBLIC WELFARE- BUREAU OF CHILD SUPPORT ENFORCEMENT HEALTH AND WELFARE BLDG.-ROOM 432 HARRISBURG, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 N. HANOVER STREET CARLISLE, PA 17013 PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE DEPARTMENT 280948 HARRISBURG, PA 17128 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: Address (if address cannot be reasonably ascertained, please so indicate) Those named in Paragraphs 3, 4 and 5 above. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: REBECCA Y. BELCO CO 449 EISENH HARRISBURG, SEY, LOSS P V TY CREDIT ON ER BLVD. PA 17111-2302 ION SPECIALIST f~1l.E~; ~;!=rzw~ GF TNT p~;;~,,1~.,~~,~~.~~,T~~Y 2~Q9 J~iL --b F'i'b i2~ 51 4~ BELCO COMMUNITY CREDIT UNION Plaintiff vs. JEREMY A. HARING , ALISON M. HARING , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA N0. 2009-2160 MORTGAGE FORECLOSURE CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE That the Sheriff's Sale of Real Property (Real Estate) will be held on December 9, 2009 in the Cumberland County Courthouse, Carlisle, Pennsylvania at 10:00 A.M. prevailing local time. 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: 627 Brisbain Lane Enola, PA 17025 The judgment under or pursuant to which your property is being sold is docketed to: 2009-2160 Cumberland County Courthouse Pennsylvania The name(s) of the owner(s) or reputed owner(s) of this property is. JEREMY A. HARING 1050 E. MAIN STREET ANNVILLE, PA 17003 ALISON M. HARING 519 FRANCIS DRIVE MECHANICSBURG, PA 17055 A SCHEDULE OF DISTRIBUTION, being a list of the persons being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff will be filed by the Sheriff thirty (30) days after the sale and distribution of the proceeds if someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule 1 of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390. 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. 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 OUR WHERE YOU CAN GET FREE LEGAL ADVICE. Pennsylvania Lawyer Referral Service Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland 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 a 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 Cumberland 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 Cumberland 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, Cumberland County Courthouse, Carlisle PA, before presentation of the petition to the Court. Arthur M. Feld Attorney for Plaintiff ALL THAT CERTAIN lot, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Pa., known and designated as Lot #41 on the Final Subdivision Plan for Westwood Hills, Phase V, as recorded in Cumberland County Plan Book 87, Page 9, more fully bounded and described as follows: to wit: BEGINNING at an iron pin the eastern line of a fifty (50) foot right-of--way known as Brisbain Lane, as it appears on the aforesaid subdivision plan; thence along the southern line of Lot 40 of Westwood Hills Phase V, North eighty-five degrees forty-three minutes twenty four seconds East (N 85 degrees 43' 24" E), one hundred (100.00) feet to an iron pin; thence along lands of Ronald G Gates, South four degrees sixteen minutes forty- three seconds East (S 4 degrees 16' 43'E} eighty-five (85.00) feet to an iron pin at the northeast corner of Lot 42; thence along the northern line of Lot 42 of Westwood Hills Phase V, South eighty-five degrees forty-three minutes twenty-four seconds West (S 85 degrees 43' 24" W), one hundred feet (100.00) feet to an iron pin, said iron pin being the northwest corner of Lot 42 and the eastern line of a fifty (50) foot right-of--way known as Brisbain Lane; thence along the aforesaid eastern right-of--way line North four degrees sixteen minutes thirty-six seconds West (N 4 degrees 16' 36" W), eighty-five (85.00) feet to an iron pin, the place of BEGINNING. BEING THE SAME premises which Village Homes at Westwood Glen, Inc, by its deed dated Feb. 4, 2004 and recorded in the Recorder of Deeds Office of Cumberland County Pa, in Deed Book 261, Page 3168, granted and conveyed to Jeremy A. Haring and Alison M. Haring, his wife, mortgagors. BEING Tax Parcel 09-12-2992-284 and being known and numbered as 627 Brisbain Lane, Enola, Pa. Seized, taken in execution to be sold as the property of Jeremy A. Haring & Alison M. Haring, Mortgagors herein under Judgment No. 2009-2160. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) Other Costs: Late Charges - $32.93 TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BELCO COMMUNITY CREDIT UNION, Plaintiff (s) From JEREMY A. HARING and ALISON M. HARING (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 $132,615.80 Interest to 9/02/09 -- $6,260.50 Interest from 9!2!09 to 12/9/09 -- $3,229.10 Atty's Conan $6,630.79% L.L. $.50 Due Prothy $2.00 Atty Paid $210.82 Plaintiff Paid Date: 7/6/09 (Seal) REQUESTING PARTY: Name: ARTHUIR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 NO 09-2160 Civil CIVIL ACTION -LAW Mortgage Satisfaction - $100.00 urtis R. Long, rothon to By: Deputy